HomeMy WebLinkAboutPACKET JUN 19 2007 A L
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 19, 2007 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
Norris Turner would be appointed to the Historical Landmark Commission. The term would
commence June 19, 2007 and expire June 18, 2009. (Councilmember Jamie D. Smith)
A) Authorize the City Manager to apply for and accept funding from the U.S. Department of
Justice's Edward Byrne Memorial Discretionary Grant Program
B) Approve a contract for construction of a rain water downspout collection system at the
Sterling Pruitt Activity Center
C) Authorize the acceptance of a ten(10) foot wide water line easement providing access for
fire prevention services for the Paradise Missionary Baptist Church property on Highway
124, also known as Fannett Road
D) Approve a contract for concrete raising and rehabilitation services
E) Approve a contract for the purchase of ready-mix concrete and cement stabilized base
F) Authorize the City Manager to execute letters of understanding with Tri-Con, Inc., Sun
Coast Resources, Inc. and Macro Oil Company who would provide fuel to the City of
Beaumont during a declared disaster
A
City Council Agenda Item
EOI".
M
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of Police �G
MEETING DATE: June 19, 2007
AGENDA MEMO DATE: June 12, 2007
REQUESTED ACTION: Council consider authorizing the City Manager to apply for
and accept funding from the US Department of Justice's
Edward Byrne Memorial Discretionary Grant Program.
RECOMMENDATION
Administration recommends Council approval.
BACKGROUND
The Edward Byrne Memorial Discretionary Grant Program assists local communities, enhance
local law enforcement specifically through projects that address law enforcement officer safety,
tactical training, training to support volunteer programs, drug and alcohol impaired driving
prevention efforts, local anti-gang programs and gun violence intervention and enforcement. The
Department of Justice appropriation level may be as much as $187 million nationally.
BUDGETARY IMPACT
Possible additional funding for the police department of up to $300,000 with no match. Grants
are awarded based upon a competitive process. If awarded, the police department plans to utilize
the funding to purchase additional advanced TASERS, improved rear cage inserts and siren
control boxes with steering heel activation for patrol vehicles. In addition the funds will be
g p ,
used for tactical training, volunteer program training and personnel overtime for increased
DWI/DUI enforcement during holiday periods.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby authorizes the City Manager to apply for and accept funding
from the US Department of Justice, Office of Justice Programs, Bureau of Justice
Assistance, through the Edward Byrne Memorial Discretionary Grant Program for the
Police Department; and,
BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized
to execute necessary documents to apply for and accept such funding.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
June, 2007.
- Mayor Becky Ames -
B
guCity Council Agenda Item
M K
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer
MEETING DATE: June 19, 2007
AGENDA MEMO DATE: June 13, 2007
REQUESTED ACTION: Council consider approving a contract for construction of a
rain water downspout collection system at the Sterling Pruitt
Activity Center.
RECOMMENDATION
Administration recommends the award of a bid to Bruce's General Construction of Beaumont in the
amount of$36,400 for the construction of a rain water downspout collection system at the Sterling
Pruitt Activity Center.
BACKGROUND
The original rain water drain system at the Sterling Pruitt Activity Center located at 2930 Gulf Street
currently allows water to stand near the foundation of the building. Water collects under the
foundation and the slab holds the excess moisture. In order to prevent the excess moisture from
causing future floor buckling and foundation problems, the rain water drain system needs to be
replaced. The new downspout collection system will move rain water away from the foundation of
the building towards the perimeter of the property and into storm drains.
Bids were solicited from twenty-one(2 1) vendors. The following bids were received:
Vendor: Bruce's General Construction Brammer Construction, Inc.
Beaumont, TX Nederland, TX
Base Bid: $36,400 $46,338
Downspout Collection System
June 13, 2007
Page 2
Work will be completed within thirty(30)days.
Bruce's General Construction is a certified Minority-Owned Business Enterprise(MBE).
BUDGETARYIMPACT
Funding is available in the Capital Reserve Fund.
RESOLUTION NO.
WHEREAS, bids were received for construction of a rainwater downspout collection
system at the Sterling Pruitt Activity Center; and,
WHEREAS, Bruce's General Construction, Beaumont,Texas,submitted the low bid
in the amount of $36,400; and,
WHEREAS, City Council is of the opinion that the bid submitted by Bruce's General
Construction, Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Bruce's General Construction, Beaumont, Texas, for
construction of a rain water downspout collection system at the Sterling Pruitt Activity
Center in the amount of $36,400 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
June, 2007.
- Mayor Becky Ames -
c
City Council A
][179f Y Agenda Item
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TO: City Council
FROM: Kyle Hayes, ,City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: June 19, 2007
AGENDA MEMO DATE: June 12, 2007
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten (10)
foot wide water line easement providing access for fire prevention
services for the Paradise Missionary Baptist Church property on
Highway 124, also known as Fannett Road.
RECOMMENDATION
Administration recommends acceptance of the above named easement.
BACKGROUND
Paradise Missionary Baptist Church has agreed to convey a ten (10) foot wide water line easement
to the City of Beaumont. The Water Line Easement will provide mandatory access to the water
lines and fire hydrants for the Paradise Missionary Baptist Church property located along the north
side of Highway 124, also known as Fannett Road (0.338 acre tract out of J. W. Bullock Survey,
Abstract 7). It would also allow for the construction, alteration, operation and maintenance of the
said water line and appurtenances.
BUDGETARY IMPACT
None.
engparad i se_church-i b.wpd
12 June 2007
RESOLUTION NO.
WHEREAS, Paradise Missionary Baptist Church, has agreed to convey a ten-foot
(10') wide Water Line Easement, being a 0.338 acre tract of land out of J. W. Bullock
Survey, Abstract No. 7, Jefferson County, Texas, as described in Exhibit "A" and shown
on Exhibit"B"attached hereto,to the City of Beaumont for the purpose of providing access
for fire prevention services and to allow for the construction, alteration, operation and
maintenance of the said water line and appurtenances; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the easement conveyed by Paradise Missionary Baptist Church, as described in
Exhibit "A" and shown on Exhibit "B" attached hereto, be and the same is hereby, in all
things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
June, 2007.
- Mayor Becky Ames -
FAUST Engineering and Surveying, Inc.
PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS TELEPHONE(409)8133410
E-MAIL ADDRESS INFOOFAUSTENG.COM FAx(409)8133484
2525 CALDER STREET
BEAuMoNT,TEXAS 77702
EXHIBIT A I OF 3
FIELD NOTE DESCRIPTION
FORA
0.338 ACRE
10 FOOT WIDE
EXCLUSIVE WATERLINE EASEMENT
OUT OF
A
10.14 ACRE TRACT
OUT OF THE
J. W. BULLOC%SURVEY,ABSTRACT 7
BEAUMONT,JEFFERSON COUNTY, TEXAS
May 31,2007
That certain 0.338 acre, 10 foot wide exclusive waterline easement out of a 10.14
acre tract out of J. W. Bullock Survey, Abstract 7, Beaumont, Jefferson County,
Texas, being the remainder of an 11.14 tract conveyed to Paradise Missionary
Baptist Church as recorded in instrument number 2003016944, of the Official
Public Records of Jefferson County, Texas, save and except that certain 1.00 acre
tract conveyed to Beaumont Sectional Center Area Local of the American Postal
Workers Union, AFL-CIO as recorded in instrument number 2003002791, of the
Official Public Records of Jefferson County, Texas, said 0.338 acre, 10 foot wide
exclusive waterline easement being more particularly described by metes and
bounds as follows:
COMMENCING at a 5/8"iron rod found for the most South West corner
of said 10.14 acre tract.
THENCE North 52 008'33" East (reference bearing) along the said North
line of Fannett Road, a distance of 124.43 feet to POINT OF
BEGINNING.
THENCE North 52°08'33"East,a distance of 10.09 feet.
THENCE North 45°23'11" West, a distance of 15.02 feet.
Page 1
EXHIBIT A 2 OF 3 LEGAL FOR EASENBOM
THENCE North 44°36'49" East, a distance of 228.16 feet.
THENCE North 45°23'11" West, a distance of 27.86 feet.
THENCE,South 44 136'49" West, a distance of 10.00 feet.
THENCE South 45°23'11" East, a distance of 17.86 feet.
THENCE South 44 036'49" West, a distance of 218.16 feet.
THENCE North 45°23'11" West, a distance of 251.75 feet.
THENCE North 04 002119" West, a distance of 34.96 feet.
THENCE North 44°36'49"East, a distance of 20.90 feet.
THENCE South 4523'11" East, a distance of 21,16 feet.
THENCE North 44°36'49" East, a distance of 10.00 feet.
THENCE North 45°23'11" West, a distance of 21.16 feet.
THENCE North 44 036'49" East, a distance of 243.00 feet.
THENCE South 45°23'11" East, a distance of 79.00 feet.
THENCE North 44°36'49" East, a distance of 10.00 feet.
THENCE North 45°23'11" West, a distance of 79.00 feet.
THENCE North 44 036149" East, a distance of 67.00 feet.
THENCE South 45°23'11" East, a distance of 21.16 feet.
THENCE North 44°36'49" East, a distance of 10.00 feet.
THENCE North 45°23'11" West, a distance of 21.16 feet.
THENCE North 44 036149" East, a distance of 20.85 feet.
THENCE South 89013'03" East, a distance of 36.31 feet.
THENCE South 45 023'11" East,a distance of 255.89 feet.
THENCE South 80 026'40" East, a distance of 104.71 feet to the North
line of Highway 124, being the South line of the said 10.14 acre tract.
Page 2
F-NMff A 3 OF 3 LEGAL FOR EASEMENTS
THENCE North 52 008'33" East, along the said North line of Highway
124, a distance of 8.05 feet to a 1/2" iron rod found for South East comer
of said 10.14 acre tract.
THENCE North 00 00601" East, along the east line of said 10.14 acre
tract, a distance of 4.13 feet.
THENCE North 80 026'40" West, a distance of 106.32 feet.
THENCE North 45°23'11" West,a distance of 256.76 feet.
THENCE North 89 013'03" West, a distance of 44.60 feet.
THENCE South 44°36'49" West, a distance of 390.54 feet.
THENCE South 04°02'19" East,a distance of 43.25 feet.
THENCE South 45°23'11" East, a distance of 279.23 feet to the POINT
OF BEGINNING.
This description is based on the Land Title Survey and plat made by
Richard F. Faust, P. E., Registered Professio d Surveyor No. 4782
on ch 30, QF T
cisTFq.:
MCROM F.
ard FAUST
Rich F. F ust,P.E. 4782......
Registered Professional Land Surveyor
SUA�
Page 3
SURVEY LEGEND
—E—E— ELECTRIC LINE O CONCRETE SURFACE 3 A.C. AIR CONDITIONING UNIT =___=__—= WOOD FENCE
—PL—PL— PIPELINE ® COVERED AREA •P.P. POWER POLE CHAIN LINE FENCE
—T—T— TELEPHONE LINE 0 ROCK OR GRAVEL STREETLIGHT —X— BARBED WIRE FENCE
EXHIBIT B A "
0.338 ACRE
10 FOOT AIDE
EXCLUSIVE WATERLINE EASEMENT
OUT OF
A
10.14 ACRE TRACT
,tea^�w Au• OUT OF THE SCALE: 1"=100'
J. W. BULLOCK SURVEY, ABSTRACT 7
BEAUMONT, JEFFERSON COUNTY, TEXAS Z�
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9 N arlwAr s Taarr
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EASEMENT LINE TABLE
LINE LENGTH BEARING
L, 10.09 N
L2 1&02 N4
L3 Z7.86 N4573'11*W
LA laao 17.06 'A'W
u ,1
LO 34+95 N04'02'19*W
L7 20.90 u' 't
• y� lD 21.16 •,1
yta L9 MOO Nu' '
00 2116 N4 1'
` Ltl 79.00 545'23'11'
d
L121 10.00 N.a 'a'
03 79.00 •11'W
LI• 97.00 Nu
COL ISM PACs J16 LIS 2116 54523*1 1
JC.D.A 1 •
eu9 -52311 W
WpQl�9/WRf LIS 20AS 014
1 1 .
&M 452MW33'E
LZ 4.13 %00yfi*m11
Neolyw,
RICHARD F. FAUST P�a O F9 5'
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782 Q4, F r
co
4 tP
FAUST pqM F.FAUST
ENGINEERING AND SURVEYING, INC. <9ifa�E88\��y�
"Serving the Golden Triangle for 10 years" Sua�
2525 Calder Street
Beaumont, Texas 77702
(409) 813-3410 Fax (409) 813-3484
D
City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer
MEETING DATE: June 19, 2007
AGENDA MEMO DATE: June 8, 2007
REQUESTED ACTION: Council consider a contract for concrete raising and
rehabilitation services.
RECOMMENDATION
Administration recommends award of an annual contract for concrete raising and rehabilitation
services to Concrete Raising Corporation of Houston at the unit costs indicated below with an
estimated annual expenditure of$25,000.
BACKGROUND
The awarded contractor shall provide street and sidewalk repair by injecting a cementitious slurry
material under collapsed surfaces,thereby raising the level of the concrete and filling voids beneath
the depressed concrete. The process will allow a precise and controlled lifting of the concrete slab
to within 1/4" of the original grade. The contractor shall be responsible for providing appropriate
traffic control such as barricades,warning signs,cones and such safety devices necessary to conform
to the Texas Manual on Uniform Traffic Control Devices.
Bids were solicited from four 4) vendors. Concrete Raising Corporation presented the sole bid:
Description Price
Lifting and Stabilizing Concrete Street Pavement, up to 6.00" lift $16.95/ linear foot
Lifting and Stabilizing Concrete Street Pavement, 6.01"to 9.00" lift $18.95 / linear foot
Lifting and Stabilizing Concrete Sidewalk, up to 6.00" lift $2.80/square foot
Lifting and Stabilizing Concrete Sidewalk,6.01" to 9.00" lift $2.92 /square foot
BUDGETARY IMPACT
Funds are available for this expenditure in the Streets and Drainage Division's operating budget.
RESOLUTION NO.
WHEREAS, bids were received for an annual contract for concrete raising and
rehabilitation services for the Streets and Drainage Division; and,
WHEREAS, Concrete Raising Corporation, Houston, Texas, submitted the sole bid
with an estimated annual expenditure of$25,000 in the unit costs shown below:
Description Price
Lifting and Stabilizing Concrete Street Pavement, up to 6.00" lift $16.95 / linear foot
Lifting and Stabilizing Concrete Street Pavement, 6.01"to 9.00" lift $18.95 / linear foot
Lifting and Stabilizing Concrete Sidewalk, up to 6.00" lift $2.80 / square foot
Lifting and Stabilizing Concrete Sidewalk, 6.01" to 9.00" lift $2.92 / square foot
and,
WHEREAS, City Council is of the opinion that the bid submitted by Concrete Raising
Corporation, Houston, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Concrete Raising Corporation, Houston, Texas, for an annual
contract for concrete raising and rehabilitation services for the Streets and Drainage
Division,with an estimated annual expenditure of$25,000 and unit costs shown above, be
accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
June, 2007.
- Mayor Becky Ames -
E
rCity Council Agenda Item
A ML
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Du P lant, Chief Financial Officer
MEETING DATE: June 19, 2007
AGENDA MEMO DATE: June 8, 2007
REQUESTED ACTION: Council consider a contract for ready-mix concrete and
cement stabilized base.
RECOMMENDATION
Administration recommends award of a six-month contract for purchasing ready-mix concrete to
Quality Concrete and Materials of Beaumont and to APAC-Texas,Inc. of Beaumont for purchasing
cement stabilized base at the prices highlighted on the attached bid tabulation.
BACKGROUND
The contract specifies that the successful bidders shall provide ready-mix concrete and cement
stabilized base at fixed unit costs for six (6) months from the date of award. The material will be
used by both the Water Utilities and Public Works Departments.
Ready-mix concrete pricing was requested for both delivery to job sites,with subsequent additional
charges per occurrence for deliveries of less than five(5)cubic yards,and for City pickup of material
at the plant site. Depending upon the application, the departments may need a different texture of
concrete than the 3,000 PSI with 1" aggregate specified in the bid.Bidders were asked to include an
addition or deduction amount per sack for finer or coarser concrete, respectively.
Five (5) vendors were notified with two (2) submitting bids as reflected in the attached bid
tabulation.
BUDGETARY IMPACT
Funds are available for this expenditure in the departments' respective operating budgets. The
expenditure anticipated for the contract term is approximately$34,750.
BID TABULATION: 6-MONTH CONTRACT FOR READY MIX CONCRETE & CEMENT STABILIZED BASE
BID NUMBER: TF0507-66
BID OPENING: THURSDAY, MAY 31, 2007 2 PM
Vendor —, Apac-Texas, Inc.
QTY City/State r. Beaumont, TX
- -
_
Unit Price Ext. Price
3,000 PSI concrete- delivered to job site
150 - per cu yd no bid
Add or Deduct per sack at the rate of: f no bid
Delivery charge per load for a partial
30 d u/
load, 1/4-2 cu/yd_. - _ ....... no bid
Delivery charge per load for a partial j
45 load, 2-1/4-4-3/4 cu/yd no bid
_.
3,000 PSI concrete- City pickup at plant n
200 site- per cu yd ; > no bid
TOTAL: no bid
Vendor Quality Concrete & Materials ,
;
QTY City_/State Beaumont, TX
Unit Price EA. Price
Portland Cement Treated Base- price
100 per ton $26.50 $2,650.00
Location of Plant: 6025 Highland Ave..& 2155 N. 7th St.
RESOLUTION NO.
WHEREAS, bids were received for a six (6) month contract to purchase ready-mix
concrete for use by the Water Utilities and Public Works Departments; and,
WHEREAS, Quality Concrete and Materials, Beaumont, Texas, and APAC-Texas,
Inc., Beaumont, Texas, submitted bids in the unit amounts shown in Exhibit"A" (attached
hereto and made a part hereof for all purposes); and,
WHEREAS, City Council is of the opinion that the bids submitted by Quality
Concrete and Materials, Beaumont, Texas, and APAC-Texas, Inc., Beaumont, Texas,
should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bids submitted by Quality Concrete and Materials, Beaumont,Texas,and APAC-
Texas, Inc., Beaumont,Texas,for a six(6)month contract to purchase ready-mix concrete
for use by the Water Utilities and Public Works Departments in the unit amounts shown in
Exhibit "A" be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
June, 2007.
- Mayor Becky Ames -
Vendor Quality Concrete & Materials Apac-Texas, Inc.
QTY City/State Beaumont TX 1 Beaumont, TX
Unit Price Ext. Price Unit Price Ext. Price
3,000 PSI concrete-delivered to job
150 site-per cu yd $82.00 $12,300.00 no bid
$4.001 $0.00 no bid
Delivery charge per load for a partial
30 load, 1/4-2 cu/yd $75.00 $2,250.00 no bid
Delivery charge per load for a partial
45 load, 2-1/4-4- 3/4 cu/yd $75.00 $3,375.00 no bid
3,000 PSI concrete-City pickup at
200 plant site - per cu yd $72.00 $14,400.00 ; no bid
TOTAL: $32 325.00 no bid
Vendor Quality Concrete & Materials F Apac-Texas, Inc.
QTY City/State Beaumont TX 1 Beaumont,TX 77]
Unit Price Ext. Price 11 Unit Price Ext. Price
Portland Cement Treated Base - �
100 price per ton $26.50 $2,650.00 $24.25 $2,425.00
Location of Plant: 6025 Highland Ave. &2155 N. 7th 860 Pine St.
EXHIBIT "A"
A.. City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer
MEETING DATE: June 19, 2007
AGENDA MEMO DATE: June 12, 2007
REQUESTED ACTION: Council consider authorizing the City Manager to execute
letters of understanding with Tri-Con, Inc., Sun Coast
Resources,Inc.,and Macro Oil Company who would provide
fuel to the City of Beaumont during a declared disaster.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
The City of Beaumont's Emergency Preparedness Plan for the upcoming hurricane season identified
fuel as one of the resources that would be needed in the event of a declared disaster. Bids were
solicited for gasoline and diesel fuel. Three (3) vendors, Tri-Con, Inc. of Beaumont, Sun Coast
Resources,Inc.,of Houston,and Macro Oil Company of Broussard,Louisiana,provided bid pricing
as described in the attached bid tabulation. The locations of the vendors will provide fuel delivery
resources from east and west of Beaumont. This should serve to ensure the City's capability to
obtain fuel in the event of a declared disaster.
The City is entering into letters of understanding with each bid respondent for emergency fuel
delivery indicating the bidder's stated pricing,and reiterating the City's intent to purchase fuel at said
pricing during periods of emergency, subject to each vendor's capacity to deliver. The City shall
have discretion to utilize the fuel vendor it deems most advantageous during an emergency,and shall
not be restricted to purchasing from any of the three (3) respondents.
The details of each letter of understanding are as follows:
Emergency Fuel Services
June 14, 2007
Page 2
Tri-Con, Inc. will charge a margin of$0.15 per gallon over the actual rack price at the time of the
emergency. They will charge an hourly truck fee of$65 for deliveries over an hour. An hour after
their delivery arrives at the City's fueling location, an hourly truck fee of$65 will be charged for
each subsequent hour the truck is onsite.
Sun Coast Resources, Inc.,will charge a margin of$0.02 per gallon over the actual rack price at the
time of the emergency. The company will charge an hourly fee of$250 regardless of whether they
are delivering or waiting.
Macro Oil Company will charge a margin of$0.10 per gallon over the actual rack price at the time
of the emergency. The company will charge an hourly fee of$175 regardless of whether they are
delivering or waiting.
BUDGETARYIMPACT
The budgetary impact of enacting these letters of understanding is contingent upon the occurrence
of a declared disaster and the degree of resources needed at that time.
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 letters of
understanding with Tri-Con, Inc., Sun Coast Resources, Inc., and Macro Oil Company to
provide fuel to the City of Beaumont during a declared disaster.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
June, 2007.
- Mayor Becky Ames -
LikJOL O1
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NNE 19, 2007 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-6/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Conduct an election of Mayor Pro Tempore
2. Consider amending Chapter 26 of the Code of Ordinances related to traffic
3. Consider authorizing the City Manager to execute a service agreement for
providing water and sanitary sewer for a 220 acre proposed development located
outside the city limits on Knauth Road in Port Arthur
4. Consider approving a bid for asbestos abatement and demolition of 805 and 855
Crockett Street
5. Consider authorizing a contract for the Hayes Gully Drainage Improvement
Project and approving Change Order No. 1
6. Consider approving a bid for roof replacement at the Jefferson Theatre
7. PUBLIC HEARING: Receive comments related to a proposal to establish a
Reinvestment Zone for an area south of Lamar University and east of Highway
347
Consider approving an ordinance establishing a Reinvestment Zone for the purpose
of offering economic incentives
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in
accordance with Section 551.071 of the Government Code:
Glenn McNeel vs. The City of Beaumont
Claim of Brian Perdue
* Consider matters related to employment, evaluation and duties of a public officer
or employee in accordance with Section 551.074 of the Government Code:
City Clerk
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
1
June 19, 2007
Conduct an election of Mayor Pro Tempore
The City Council shall elect one of its members as Mayor Pro Tempore for a one(1)year term.
The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability
of the Mayor to perform the duties of the office, and, if a vacancy occurs, shall become Mayor for
the unexpired term. if the Mayor Pro Tempore is unwilling to assume the duties of Mayor in the
event of a vacancy in that office, then the City Council shall appoint a Mayor Pro Tempore from
its membership.
2
June 19, 2007
Consider amending Chapter 26 of the Code of Ordinances related to traffic
...... City Council Agenda Item
4W_
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Parks and Recreation Director
MEETING DATE: June 19, 2007
AGENDA MEMO DATE: June 13, 2007
REQUESTED ACTION: Council consider amendments to Chapter 26 of the Code of
Ordinances.
RECOMMENDATION
Administration recommends approval of the amendments proposed for Chapter 26 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
26, related to traffic, were provided to the City Council for review.
Following the plan,Chapter 26 is being brought forward for consideration and approval. In addition
to the changes previously presented,staff is recommending an amendment to Section 26-98,in order
to clarify intent.
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.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 26, ARTICLE I,
SECTIONS 26-1, 26-2, 26-5 AND 26-6, SUBSECTION 26-11(a), AND
SECTION 26-13, ARTICLE III, DIVISION 1, SECTIONS 26-41, 26-43, 26-
45.1, AND 26-46, ARTICLE III, DIVISION 2, SECTION 26-60,
SUBSECTION 26-62(a) AND SECTION 26-68, ARTICLE IV, SECTION
26-90, SUBSECTIONS 26-92(a), (c), (d) AND (e), 26-93(b) AND (c),
SECTIONS 26-94 AND 26-95, SUBSECTIONS 26-96(c) AND 26-97(b),
AND SECTION 26-98; AND REPEALING ARTICLE I, SECTIONS 26-7
THROUGH 26-9, ARTICLE III, DIVISION 1, SUBSECTION 26-48(d) AND
SECTION 26-49, ARTICLE III, DIVISION 2, SECTIONS 26-61 AND 26-
65, AND ARTICLE IV, SECTION 26-99 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 26, Article I, Section 26-1, be, and the same is hereby, amended to
read as follows:
Sec. 26-1. Applicability of state law.
State law relating to the regulation of pedestrian and motor traffic, codified in the
state Transportation Code, together with the provisions of this chapter, shall govern
traffic on the streets and other public ways in the city.
Section 2.
That Chapter 26, Article I, Section 26-2, be, and the same is hereby, amended to
read as follows:
Sec. 26-2. Definitions.
The following terms, when used in this chapter, shall have the meanings
respectively ascribed to them:
Central business district: All streets and portions of streets within the area
identified as the central business district on the Official Zoning Map of the City of
Beaumont.
Parking meter. Any mechanical device or meter not inconsistent with this
chapter, placed or erected for the regulation of parking by authority of this chapter.
Parking meter space: Any space within a parking meter zone, adjacent to a
parking meter and which is duly designated for the parking of a single vehicle by painted
lines or marks, or otherwise durably marked on the curb or on the surface of the street
adjacent to or adjoining the parking meters.
Parking meter zone: Any restricted street upon which parking meters are
installed and in operation.
Section 3.
That Chapter 26, Article I, Section 26-5, be, and the same is hereby, amended to
read as follows:
Sec. 26-5. Large trucks in central business district, hours.
It shall be unlawful for drivers of vehicles with an oversize load or vehicles with
three (3) or more axles to travel within the central business district of the city except for
deliveries and pickups made in accordance with a permit for same issued under Section
26-14.
Section 4.
That Chapter 26, Article I, Section 26-6, be, and the same is hereby, amended to
read as follows:
Sec. 26-6. Trees and shrubs not to obstruct driver's view.
It shall be unlawful for any person to permit trees, shrubs, bushes or plants to
grow on street right-of-way immediately adjoining property which he owns or has control
of, or upon his private property, in such manner as to obstruct the view of approaching
traffic from the right or left. Such trees, shrubs, bushes or plants growing upon the street
right-of-way may be removed by the city.
Section 5.
That Chapter 26, Article I, Sections 26-7 through 26-9, be, and the same are
hereby repealed.
Section 6.
That Chapter 26, Article I, Subsection 26-11(a), be, and the same is hereby,
amended to revise the following definition to read as follows:
Sec. 26-11. Operation of motor-assisted scooters.
(a) Definitions.
Motor-assisted scooter shall have the same meaning assigned by the Texas
Transportation Code section 551.301(2) as it exists or may be amended, and includes a
self-propelled device with at least two (2) wheels in contact with the ground during
operation; a braking system capable of stopping the device under typical operating
conditions; a gas or electric motor forty (40) cubic centimeters or less; a deck designed
to allow a person to stand or sit while operating the device; and the ability to be
propelled by human power alone.
Section 6.
That Chapter 26, Article I, Section 26-13, be and the same is hereby amended to
read as follows:
Sec. 26-13. Authority for traffic control.
Whenever and wherever the congestion of traffic, the dimensions of the streets
and sidewalks and the use of property abutting the streets are such that the director of
public works finds it to be necessary for the free flow and the expeditious handling of
traffic and the safety of persons and property, the director is authorized:
(1) To designate and maintain crosswalks at intersections by appropriate
devices, marks or lines upon the surface of the roadway.
(2) To establish safety zones on any of the streets of the city.
(3) To mark lanes for traffic on the streets of the city.
(4) To place proper signs, signals, or markings prohibiting the making of
turns at any intersection of streets in the city.
(5) To place signs, signals or markings within or adjacent to intersections
indicating the course to be traveled by vehicles turning at such
intersections.
(6) To install or cause to be displayed signs, signals or markings for the
direction of traffic near public or private schools, parks and public
buildings.
(7) To determine the location of passenger zones and freight loading zones
and to place and maintain appropriate signs or markings indicating the
same.
(8) To designate spaces on the streets of the city for exclusive use as bus
zones and to mark the same with appropriate signs or marks.
(9) To designate areas on the streets of the city which shall not be used as
spaces for the parking of vehicles and to mark such areas with the
appropriate signs or markings.
(10) To designate intersections of streets at which drivers operating vehicles
approaching the intersection on one or more of the intersecting streets
must bring such vehicle to a complete stop before proceeding into such
intersection, and to install and maintain appropriate signs and markings
directing such drivers to stop at such intersections.
(11) To designate intersections of streets at which drivers operating vehicles
approaching the intersection on one or more of the intersecting streets
must reduce the speed of such vehicle, and to install appropriate signs
and markings directing such drivers to reduce the speed of their vehicles.
(12) To designate streets and portions of streets on which drivers of vehicles
are prohibited from driving except in one direction and to designate the
direction in which driving is prohibited and that in which driving is
permitted, and to install appropriate signs and markings designating such
one-way streets.
(13) To designate "truck routes" which shall be followed by single unit trucks
with tandem axles or truck tractor and semitrailer combinations, in using
the streets of the city; provided that no such vehicle shall be prohibited
from using any street for the purpose of going directly to or from any
residential, commercial or industrial establishment abutting on such street
for the purpose of delivering or picking up materials thereat.
(14) To determine and allocate parking time limits on streets and portions of
streets and place appropriate signs, markings, or parking meters giving
notice thereof.
(15) To designate intersections, the crossing of which shall be controlled by
red, green and amber lights and arrows as elsewhere herein provided,
and to determine the type of such lights or traffic-control devices to be
installed at each intersection and to cause the same to be installed.
(16) To determine and fix the maximum axle loads of all vehicles to be
operated over, on, or upon the streets within the city, taking into
consideration the width, condition and type of pavement structures, and
other circumstances on such street. Such maximum axle load shall
become effective and operative on said streets within the city when
appropriate signs, giving notice thereof, are erected. It shall be unlawful
for any person to drive, operate or move, or for the owner to cause or
permit to be driven, operated or moved, upon any of the streets, any
vehicle or combination of vehicles which in any respect exceeds the
maximum axle loads designated by said signs. Provided, however, that
any person desiring to operate or move a vehicle on said streets in
excess of the maximum axle loads established, shall first obtain a special
permit from the director as set out in section 26-14 herein, and such
permit shall not be issued unless reasonably necessary. Any person
moving or causing to be moved a load as set out in said permit, shall be
liable to the city for any damage done by any such vehicle to the streets,
bridges or culverts in the city and the acceptance of the aforesaid permit
shall be conclusive evidence that the person to whom such permit is
issued agrees to pay all such damages upon demand thereof made by
the city.
(17) To designate areas of the streets of the city to be known as "quiet zones"
in the vicinity of any hospital, area with appropriate signs directing the
drivers of vehicles not to sound the horn or other warning devices while
traveling in the areas designated.
(18) To make regulations necessary to make effective the provisions of traffic
ordinances and to make and enforce temporary or experimental
regulations to cover emergencies or special conditions. No such
temporary or experimental regulations shall remain in effect for more than
ninety (90) days. He may test traffic-control devices under actual
conditions of traffic.
(19) To determine and designate those heavily traveled streets upon which
shall be prohibited the use of the roadway by motor-driven cycles,
bicycles, horsedrawn vehicles or other nonmotorized traffic and shall
erect appropriate signs giving notice thereof.
(20) To designate the location and type of signs to be placed upon railroad
property advising persons of the restrictions and prohibitions placed upon
the use of such railroad property by the public generally. The expense of
such signs and the placing thereof shall be borne by the railroad company
owning or controlling the property where such signs are placed.
(21) To make such changes as changing conditions may require in any
designation, determination or regulation he is herein authorized to make.
(22) To designate areas along the streets of the city which shall not be used
for the parking of vehicles and to provide that vehicles parked in such
areas may be removed. Said areas shall be clearly marked so as to
sufficiently notify person that the area is a "tow away zone."
(23) To designate along the streets of the city, and on any property owned by
the city, areas which shall be used only for parking of vehicles operated
by handicapped persons in accordance with state law.
(24) To establish "temporary" reduced speed zones, based on engineering
and traffic investigations, along portions of roadways within the city that
are under construction or repair. Such reduced speed zones will
terminate upon completion of the roadway improvements.
Section 7.
That Chapter 26, Article III, Division 1, Section 26-41, be, and the same is
hereby, amended to read as follows:
Sec. 26-41. Impounding of vehicles--Vehicles unattended for forty-eight
hours; redemption and sale.
The streets, alleys, or other public places of the city are not intended for storage
of vehicles; therefore, any vehicle standing, parked or remaining unattended within the
same two (2) blocks of any public street, alley, sidewalk, parkway or upon any property
of the city for forty-eight (48) or more continuous hours, even though the vehicle is
moved from one place to another within such blocks or city property, is hereby declared
to be illegally parked. If the vehicle remains within the same two (2) blocks of any public
street, alley, sidewalk, parkway or upon any property of the city for an additional forty-
eight (48) continuous hours, it is hereby declared to be a nuisance per se, and any such
vehicle when so found shall be removed summarily by any police officer of the city to
any storage area designated or maintained by the police department and shall be kept
there until redeemed or sold as provided in this section. For purposes of this section,
"vehicle" means a device in or by which a person or property is or may be transported or
drawn on a public highway, other than a device used exclusively on stationary rails or
tracks.
Section 8.
That Chapter 26, Article 111, Division 1, Section 26-43, be, and the same is
hereby, amended to read as follows:
I
Sec. 26-43. Loading and unloading at angle, permit therefor.
The public works director is authorized to issue special permits to permit the
backing of a vehicle to the curb for the purpose of loading or unloading merchandise or
materials subject to the terms and conditions of such permit. Such permits may be
issued either to the owner or lessee of real property or to the owner of the vehicle and
shall grant to such person the privilege as therein stated and authorized herein. It shall
be unlawful for any permittee or other person to violate any of the special terms or
conditions of any such permit.
Section 9.
That Chapter 26, Article 111, Division 1, Section 26-45.1, be, and the same is
hereby, amended to read as follows:
Sec. 26-45.1. Parking limited at public library.
It shall be unlawful for any unauthorized person to park a vehicle in any city
parking lot for a period of two (2) hours or more unless the person is conducting
business or attending an event at an affiliated venue.
Section 10.
That Chapter 26, Article 111, Division 1, Section 26-46, be, and the same is
hereby, amended to read as follows:
Sec. 26-46. Prohibited purposes.
No person shall park a vehicle upon any street right-of-way for the principal
purpose of:
(1) Displaying such vehicle for sale.
(2) Washing, greasing or repairing such vehicle except repairs necessitated
by an emergency.
(3) Using such vehicle or trailer for advertising purposes or displaying large
signs therefrom containing pictures or reading matter.
Section 11.
That Chapter 26, Article III, Division 1, Subsection 26-48(d), be, and the same is
hereby, repealed.
Section 12.
That Chapter 26, Article III, Division 1, Section 26-49, be, and the same is
hereby, repealed.
Section 13.
That Chapter 26, Article III, Division 2, Section 26-60, be, and the same is
hereby, amended to read as follows:
Sec. 26-60. Times regulations applicable.
The regulations provided for in this division shall apply between the hours of 8:00
a.m. and 5:00 p.m. on all days other than Saturdays, Sundays and the following
holidays: The first day of January, the fourth day of July, the first Monday in September,
Thanksgiving Day, and the twenty-fifth day of December.
Section 14.
That Chapter 26, Article III, Division 2, Section 26-61, be, and the same is
hereby, repealed.
Section 15.
That Chapter 26, Article III, Division 2, Subsection 26-62(a) be, and the same is
hereby, amended to read as follows:
Sec. 26-62. Installation, coins, time limits, legend.
(a) The public works director shall install parking meters in the parking meter zones
established as provided in this article upon the curb immediately adjacent to each
designated parking space. Such meters shall be capable of being operated,
either automatically or mechanically, upon the deposit therein of an appropriate
coin of United States currency. The public works director shall time the meters
upon the basis of an engineering and traffic investigation to best aid in the
regulation, control and inspection of the parking of vehicles. The timing and type
of operation shall be one (1) of the following:
(1) One-hour time limit. Parking shall be lawful for up to sixty (60) minutes
upon deposit of five cents for each six minute increment.
(2) Two-hour limit. Parking shall be lawful for up to two (2) hours upon
deposit of five cents for each six minute increment.
Section 16.
That Chapter 26, Article III, Division 2, Section 26-65, be, and the same is
hereby, repealed.
Section 17.
That Chapter 26, Article III, Division 2, Section 26-68, be, and the same is
hereby, amended to read as follows:
Sec. 26-68. Reserved metered parking spaces.
The director of public works or his designee is hereby authorized to reserve
metered parking spaces for special purposes. If the director of public works or his
designee deems the reservation of metered parking spaces in the public interest he shall
mark such meters appropriately to notify the general public that use of such meters is
unlawful by unauthorized vehicles and shall collect from the person or firm requesting
the reserved use the following fees:
(1) The single charge of ten dollars ($10.00) per meter shall be made as an
administrative charge for each trip to a single block location for the
purpose of designating reserved meter spaces; and
(2) An additional fee of four dollars ($4.00) per meter per day shall be
charged for each day that the designated spaces remain reserved.
Persons or firms who are performing renovations and/or improvements which
would endanger the safety and welfare of the citizens if parking spaces are not reserved,
will be granted a waiver of all reserved use fees by the director of public works. To
obtain the waiver provided herein, a written request must be received by the director of
public works at least ten (10) days prior to the date the reserved meters are required.
The written request shall additionally contain meter location and dates for which the
reservations are needed. The waiver will be granted only for those meters abutting the
property being renovated or improved.
Section 18.
That Chapter 26, Article IV, Section 26-90, be, and the same is hereby, amended
by adding the following definition to read as follows:
Sec. 26-90. Definitions.
As used in this article, the following words and terms shall have the meaning
ascribed thereto:
Chief of Police, Fire Chief, Public Works Director, and City Manager include their
designees.
Section 19.
That Chapter 26, Article IV, Subsections 26-92(a), (c), (d) and (e), be, and the
same are hereby, amended to read as follows:
Sec. 26-92. Application for parade permit.
(a) Applications for a parade permit must be filed with the chief of police no less than
thirty (30) days prior to the date and time for commencement of such parade.
(c) Each application for a parade permit shall be signed by the applicant and contain
the following information:
(1) The name, address, and telephone number of the applicant;
(2) The name, address and telephone number of any organization, firm,
association, corporation, or other entity on whose behalf application is
made;
(3) Date and time proposed for commencement of the parade;
(4) A statement of the anticipated duration of the parade;
(5) A description of the specific parade route listing all streets to be utilized
and the direction of flow from the point of commencement to termination;
(6) The estimated number of persons to participate in the parade;
(7) The estimated number of vehicles, floats, animals, motorized displays
and the like to be utilized in the parade;
(8) The estimated number of marching units, bands, color guards, drill teams
and the like to participate in the parade.
(d) If the applicant is acting on behalf of a corporation, association, firm or other
organization sponsoring the parade, the application must be accompanied by a
letter indicating the organization's sponsorship of such parade and authorizing
the applicant to act in its behalf in securing a permit therefor.
(e) Upon receipt of an application for a parade permit, the chief of police shall
forward a true copy of same to the fire chief and public works director with a
request for comments thereon.
Section 20.
That Chapter 26, Article IV, Subsections 26-93(b) and (c), be, and the same are
hereby, amended to read as follows:
Sec. 26-93. Standards for issuance; action on application.
(b) The chief of police may, in consultation with the public works director and fire
chief, approve an application for a parade permit subject to reasonable terms and
conditions relating to the time, place or manner for conduct of the parade,
including, but not limited to:
(1) The establishment of an alternate time for conduct of the parade;
(2) The establishment of an alternate route for conduct of the parade;
(3) Reasonable regulations regarding the width and length of the parade.
(c) Upon issuance of a parade permit, the chief of police shall notify the public works
director, fire chief and the city manager and maintain a copy of said permit on file
for review.
Section 21.
That Chapter 26, Article IV, Section 26-94, be, and the same is hereby, amended
by adding the following definition to read as follows:
Sec. 26-94. Denial or revocation of permit.
(a) It is the policy of the City of Beaumont that the constitutional rights of citizens be
fully considered in determining the granting or denying of parade permits and that
citizens' rights governing noncommercial parades are different and superior to
those governing commercial parades. Therefore, the chief of police shall
consider the following in denying, revoking or modifying parade permits:
(1) If the information contained in the application for a parade permit is found
to be false or incomplete in any material aspect; or
(2) If the public peace, health, safety, or welfare will be endangered by the
conduct of the parade or that conduct of the same is reasonably likely to
engender a riot, civil disturbance, or other public calamity; or
(3) Permittee has conducted or is conducting a parade in violation of this
article or other applicable laws and ordinances affecting such activity; or
(4) If the permittee fails to obey any lawful order of the chief of police, fire
chief, or their respective designees, respecting the conduct of the parade,
or any term or condition to which the approval of the parade permit is
made subject; or
(5) If the parade fails to commence within thirty (30) minutes of the appointed
time for commencement; or
(6) If the conduct of the parade at the time and place or in the manner
proposed will substantially disrupt the safe and orderly movement of
traffic contiguous to the parade route; or
(7) The parade will require diversion of so great a number of police officers
that the provision of adequate police service to the remainder of the city
will be rendered impossible; or
(8) If the concentration of persons, animals, and vehicles at points of
assembly and disassembly is reasonably likely to interfere with the
provisions of adequate fire, police, and other emergency services to other
parts of the city; or
(9) Conduct of the parade is reasonably likely to result in harm to persons or
property; or
(10) If emergency conditions or other exigent circumstances then existing
within the city require that the public streets remain open to the free and
unencumbered transportation of emergency crews, equipment and
materials.
(b) In the event of denial or revocation hereunder, the chief of police shall provide, at
the time of denial or revocation, such oral or written notice of denial or revocation
that is feasible under the circumstances then existing and, in addition, within
three days thereafter, shall provide written notice to the permittee or applicant
setting forth the specific reasons forming the basis for denial or revocation. Such
written notice shall be mailed to the permittee or applicant.
Section 22.
That Chapter 26, Article IV, Section 26-95, be, and the same is hereby, amended
by adding the following definition to read as follows:
Sec. 26-95. Appeal procedure; final decision.
(a) Any applicant may appeal the decision of the chief of police to the city council.
Such appeal may be accomplished by requesting the city manager, or whoever is
acting in his place, to place such appeal upon the agenda of the next available
regular council meeting. This shall be done so long as it does not have to be
placed on such agenda as an emergency item. If circumstances prevent such
appeal from being considered by the city council, then such appeal shall be
considered by the city manager or whoever is acting in his place. The decision
hereby rendered shall be final. If a decision is not rendered prior to three (3) full
days before the commencement of the parade, such failure to act shall
conclusively be presumed an approval of the decision of the chief of police. The
lack of a decision shall be conclusively presumed an approval of the decision of
the chief of police. In the absence of an appeal made in accordance with the
procedures above described, the decision of the chief of police shall be final.
(b) An appeal from the decision of the chief of police shall include a copy of the
application for a permit and a statement of the action complained of. It shall be
delivered to the office of the city manager together with applicant's request for an
appeal. Such appeal shall not be considered as requested or filed without such
material.
Section 23.
That Chapter 26, Article IV, Subsection 26-96(c), be, and the same is hereby,
amended to read as follows:
Sec. 26-96. Interference with parade; driving through parade; parking on
parade route.
(c) It shall be unlawful to park any vehicle along a public street constituting a portion
of the parade route and conspicuously marked as such; in this connection, the
chief of police and the public works director are authorized to prohibit or restrict
the parking of vehicles as needed along the parade route and to cause the route
to be conspicuously marked as such.
Section 24.
That Chapter 26, Article IV, Subsection 26-97(b), be, and the same is hereby,
amended to read as follows:
Sec. 26-97. Permit fees; commercial parades; reimbursement of costs.
(b) An application for a permit to conduct a commercial parade shall be
accompanied by a nonrefundable permit fee of five hundred dollars ($500.00) to
reimburse the city for administrative and cleanup costs incurred as a result of the
conduct of such parade.
Section 25.
That Chapter 26, Article IV, Subsections 26-98(a), (b) and (c) be, and the same
are hereby, amended, and Subsection (d) added, to read as follows:
Sec. 26-98. Enforcement.
(a) Any person conducting, commencing, aiding or engaging in a parade without a
parade permit, or otherwise violating any provision of this article, is guilty of a
misdemeanor and, upon conviction, shall be punished by a fine of not less than
one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
(b) The chief of police, his authorized designee, any officer of the Beaumont Police
Department, and the fire chief or his authorized designee are hereby authorized
to issue summons and citations, as applicable, for violations of this article.
(c) Anyone involved in or participating in a parade without first receiving a permit as
outlined herein or after being directed to cease and desist and informed that the
parade is unlawful because it is without a permit shall individually be in violation
of this article, shall be guilty of a misdemeanor and, upon conviction, shall be
fined not less than one hundred dollars ($100.00) nor more than five hundred
dollars ($500.00).
(d) This section shall not apply to members of the police, fire, or public works
departments in processing any parade permit application.
Section 26.
That Chapter 26, Article IV, Section 26-99, be, and the same is hereby, repealed.
Section 27.
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 28.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 29.
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 19th day
of June, 2007.
- Mayor Becky Ames -
Chapter 26 TRAFFIC*
*Cross references: Regulation of traffic within parks, § 20-6; regulation of operation of
railroads, Ch. 22; regulation of operation of vehicles for hire, Ch. 29.
State law references: For Uniform Act Regulating Traffic on Highways, see VTCS,
Art. 6701 d; for authority of city to regulate, see Arts. 1175(20), 1175b, 6701 d, §27.
ARTICLE I. IN GENERAL
Sec. 26-1. UANOM Act adeptedApplicability of state law.
State law relatinq to the
regulation of pedestrian and motor traffic, codified in the state Transportation Code,
together with the provisions of this chapter, shall govern traffic on the streets and other
public ways in the city.
Sec. 26-2. Definitions.
The following terms, when used in this chapter, shall have the meanings
respectively ascribed to them:
Central business district. All streets and portions of streets within the area
.identified as
the central business district on the Official Zoning Map of the City of Beaumont.
Parking meter.• Any mechanical device or meter not inconsistent with this
chapter, placed or erected for the regulation of parking by authority of this chapter.
Parking meter space: Any space within a parking meter zone, adjacent to a
parking meter and which is duly designated for the parking of a single vehicle by painted
lines or marks, or otherwise durably marked on the curb or on the surface of the street
adjacent to or adjoining the parking meters.
Parking meter zone: Any restricted street upon which parking meters are
installed and in operation.
_ , 9F other duly
(Code 1958, § 37-2)
Secs. 26-3, 26-4. Reserved.
Editor's note: Formerly, §§ 26-3 and 26-4 pertained to the traffic safety support
committee as derived from Ord. No. 75-13, §§ 1, 2, adopted Feb. 25, 1975. Such
provisions were repealed by Ord. No. 84-88, § 1, adopted June 26, 1984.
Sec. 26-5. Large trucks in central business district, hours.
It shall be unlawful for drivers of vehicles
with an
oversize load or vehicles with three (3) or more axles to travel within the central business
district of the city at aRY tiM9 GtheF thaR the fellewiRg designated times without first
At ema-1; weekexcept for deliveries and pickups may be Fnade only betwew; the hours
., .; OR
4*99 p.mmade in accordance with a permit for same issued under Section 26-14.
(Code 1958, § 37-26)
Sec. 26-6. Trees and shrubs not to obstruct driver's view.
It shall be unlawful for any person to permit trees, shrubs, bushes or plants to
grow on street right-of-way immediately adjoining property which he owns or has control
of, or upon his private property, in such manner as to obstruct the view of approaching
traffic from the right or left. Such trees, shrubs, bushes or plants growing upon the street
right-of-way may be removed by the , and he
L y.
(Code 1958, § 37-29)
Cross references: Regulations as to vegetation generally, § 13-50 et seq.
2-1-an— 26-7. Rules applicable to allthGFozed emeFgenGy vehir-les
#AF6ia-statte d-.
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Sec. 26-10. Negligent collision.
(a) If any person while driving or operating any vehicle within the corporate limits of
the city shall cause, suffer, or permit the same to come into collision with any
other vehicle, animal, person, or property in, on, or near any street or highway,
such person shall be guilty of a misdemeanor. Proof of a culpable state of mind,
as defined in Chapter 6 of the Texas Penal Code, is not required to prove an
offense under this section.
(b) Proof of no intent to injure shall not be deemed a defense to a charge of violating
this section.
(c) The term "negligence", as used in subsection (a) of this section, is defined to
mean the want of care, attention, and caution as a person of ordinary prudence
would use under the same of similar circumstances, and shall include but not be
limited to the following:
(1) Failure to maintain a proper lookout;
(2) Failure to apply brakes;
(3) Failure to maneuver right or left to avoid colliding with a fixed or stationary
object.
(d) In any prosecution charging a violation of this section, proof that the driver or
operator of a vehicle collided with the rear of another vehicle proceeding in the
same direction or with a fixed or stationary object shall constitute in evidence a
prima facie presumption that such driver was negligent in the operation of such
vehicle; provided, however, that such presumption may be rebutted by the
person charged with violating this section with evidence to the contrary; and
provided further that the presumption established herein shall have the
evidentiary consequences enumerated in Chapter 2 of the Texas Penal Code.
(Code 1958, § 37-25; Ord. No. 76-55, § 1, 4-20-76; Ord. No. 92-29, § 1, 3-24-92)
Sec. 26-11. Operation of motor-assisted scooters.
(a) Definitions.
After dark means a time thirty (30) minutes or more before sunrise or thirty (30)
minutes or more after sunset.
Child means any individual less than thirteen (13) years of age.
Helmet means properly fitted protective headgear that is not structurally
damaged and that conforms to the standards of the American National Standards
Institute, the American Society of Testing and Materials, or any applicable at the time of
manufacture of the helmet.
Motor-assisted scooter shall have the same meaning assigned by the Texas
Transportation Code section 551.304301(2) as it exists or may be amended, and
includes a self-propelled device with at least two (2) wheels in contact with the ground
during operation; a braking system capable of stopping the device under typical
operating conditions; a gas or electric motor forty (40) cubic centimeters or less; a deck
designed to allow a person to stand or sit while operating the device; and the ability to be
propelled by human power alone.
Parent means the natural or adoptive parent, court-appointed guardian or
conservator of the child.
Public way means real property owned, leased, or controlled by a political
subdivision of the state, a governmental entity or agency, or similar entity, and dedicated
to public use and is also a path, trail, sidewalk, alley, street or highway.
Wearing a helmet means that the person has a helmet fastened securely to
his/her head with the straps on the helmet securely tightened in the manner intended by
the manufacturer to provide maximum protection.
(b) Restrictions and prohibitions on locations and use.
(1) It is unlawful to operate or ride a motor-assisted scooter on any street,
access road or highway any part of which has a speed limit greater than
thirty (30) miles per hour.
(2) It is unlawful for a parent to allow or permit a child to operate or ride a
motor-assisted scooter on any path, trail, street, alley or public way within
the city.
(3) It is presumed that a parent allowed a child to operate or ride a motor-
assisted scooter in a prohibited area.
(4) A person may not operate a motor-assisted scooter after dark within the
city.
(5) It is unlawful to operate a motor-assisted scooter with a passenger on the
scooter.
(c) Helmet required.
(1) It is unlawful for any person sixteen (16) years of age or under to operate
or ride a motor-assisted scooter unless such person is wearing a helmet.
(2) It is unlawful for a parent to allow or permit a person who must wear a
helmet to operate or ride a motor-assisted scooter unless the person is
wearing a helmet.
(3) It is presumed that a parent allowed such a person to operate or ride a
motor-assisted scooter without wearing a helmet.
(d) Exemption. The regulations and limitations placed on the motor-assisted scooter
and neighborhood electrical devices in this section do not apply to those
operators of certain mobility devices as outlined in the Texas Transportation
Code section 542.009 "operators of certain mobility devices."
(Ord. No. 04-019, § 1, 3-23-04)
Sec. 26-12. Reserved.
Editor's note: Pursuant to the city's instructions, § 26-12, has been deleted. Such
section had pertained to the adoption of a uniform barricade and sign program as
derived from Ord. No. 79-84, § 1, adopted Oct. 2, 1979. For provisions relative to
barricades for street cuts, excavations, etc., the reader is referred to Ch. 23, Art. III.
Sec. 26-13. Authority for traffic control.
Whenever and wherever the congestion of traffic, the dimensions of the streets
and sidewalks and the use of property abutting the streets are such that the director of
UFbaA ublic works finds it to be necessary for the free flow and the
expeditious handling of traffic and the safety of persons and property, the director is
authorized:
(1) To designate and maintain crosswalks at intersections by appropriate
devices, marks or lines upon the surface of the roadway.
(2) To establish safety zones on any of the streets of the city.
(3) To mark lanes for traffic on the streets of the city.
(4) To place proper signs, signals, or markings prohibiting the making of
turns at any intersection of streets in the city.
(5) To place signs, signals or markings within or adjacent to intersections
indicating the course to be traveled by vehicles turning at such
intersections.
(6) To install or cause to be displayed signs, signals or markings for the
direction of traffic near public or private schools, parks and public
buildings.
(7) To determine the location of passenger zones and freight loading zones
and to place and maintain appropriate signs or markings indicating the
same.
(8) To designate spaces on the streets of the city for exclusive use as bus
zones and to mark the same with appropriate signs or marks.
(9) To designate areas on the streets of the city which shall not be used as
spaces for the parking of vehicles and to mark such areas with the
appropriate signs or markings.
(10) To designate intersections of streets at which drivers operating vehicles
approaching the intersection on one or more of the intersecting streets
must bring such vehicle to a complete stop before proceeding into such
intersection, and to install and maintain appropriate signs and markings
directing such drivers to stop at such intersections.
(11) To designate intersections of streets at which drivers operating vehicles
approaching the intersection on one or more of the intersecting streets
must reduce the speed of such vehicle, and to install appropriate signs
and markings directing such drivers to reduce the speed of their vehicles.
(12) To designate streets and portions of streets on which drivers of vehicles
are prohibited from driving except in one direction and to designate the
direction in which driving is prohibited and that in which driving is
permitted, and to install appropriate signs and markings designating such
one-way streets.
(13) To designate "truck routes" which shall be followed by single unit trucks
with tandem axles or truck tractor and semitrailer combinations, in using
the streets of the city; provided that no such vehicle shall be prohibited
from using any street for the purpose of going directly to or from any
residential, commercial or industrial establishment abutting on such street
for the purpose of delivering or picking up materials thereat.
(14) To determine and allocate parking time limits on streets and portions of
streets and place appropriate signs, markings, or parking meters giving
notice thereof.
(15) To designate intersections, the crossing of which shall be controlled by
red, green and amber lights and arrows as elsewhere herein provided,
and to determine the type of such lights or traffic-control devices to be
installed at each intersection and to cause the same to be installed.
(16) To determine and fix the maximum axle loads of all vehicles to be
operated over, on, or upon the streets within the city, taking into
consideration the width, condition and type of pavement structures, and
other circumstances on such street. Such maximum axle load shall
become effective and operative on said streets within the city when
appropriate signs, giving notice thereof, are erected. It shall be unlawful
for any person to drive, operate or move, or for the owner to cause or
permit to be driven, operated or moved, upon any of the streets, any
vehicle or combination of vehicles which in any respect exceeds the
maximum axle loads designated by said signs. Provided, however, that
any person desiring to operate or move a vehicle on said streets in
excess of the maximum axle loads established, shall first obtain a special
permit from the director as set out in section 26-14 herein, and such
permit shall not be issued unless reasonably necessary. Any person
moving or causing to be moved a load as set out in said permit, shall be
liable to the city for any damage done by any such vehicle to the streets,
bridges or culverts in the city and the acceptance of the aforesaid permit
shall be conclusive evidence that the person to whom such permit is
issued agrees to pay all such damages upon demand thereof made by
the city.
(17) To designate areas of the streets of the city to be known as "quiet zones"
in the vicinity of any hospital, area with appropriate signs directing the
drivers of vehicles not to sound the horn or other warning devices while
traveling in the areas designated.
(18) To make regulations necessary to make effective the provisions of traffic
ordinances and to make and enforce temporary or experimental
regulations to cover emergencies or special conditions. No such
temporary or experimental regulations shall remain in effect for more than
ninety (90) days. He may test traffic-control devices under actual
conditions of traffic.
(19) To determine and designate those heavily traveled streets upon which
shall be prohibited the use of the roadway by motor-driven cycles,
bicycles, horsedrawn vehicles or other nonmotorized traffic and shall
erect appropriate signs giving notice thereof.
(20) To designate the location and type of signs to be placed upon railroad
property advising persons of the restrictions and prohibitions placed upon
the use of such railroad property by the public generally. The expense of
such signs and the placing thereof shall be borne by the railroad company
owning or controlling the property where such signs are placed.
(21) To make such changes as changing conditions may require in any
designation, determination or regulation he is herein authorized to make.
(22) To designate areas along the streets of the city which shall not be used
for the parking of vehicles and to provide that vehicles parked in such
areas may be removed. Said areas shall be clearly marked so as to
sufficiently notify person that the area is a "tow away zone."
(23) To designate along the streets of the city, and on any property owned by
the city, areas which shall be used only for parking of vehicles operated
by handicapped persons in accordance with state law.
(24) To establish "temporary" reduced speed zones, based on engineering
and traffic investigations, along portions of roadways within the city that
are under construction or repair. Such reduced speed zones will
terminate upon completion of the roadway improvements.
(Ord. No. 83-03, § 3, 1-18-83; Ord. No. 03-049, § 1, 7-1-03; Ord. No. 03-097, § 1, 12-9-
03; Ord. No. 04-022, §§ 1, 2, 4-6-04)
Sec. 26-14. Oversize load.
It shall be unlawful for a person to move an oversize load within the city without
first obtaining a special permit from the city. An oversize load is defined as a load in
excess of eighty-thousand (80,000) pounds total weight, or twenty-thousand (20,000)
pounds on any axle, or thirty-four thousand (34,000) pounds on any tandem axle, or
more than eight (8) feet six (6) inches in width, or above fourteen (14) feet in height, or
above sixty-five (65) feet in total length including the vehicle. Permit requirements are as
follows:
(1) As a prerequisite to the issuance of an oversize load permit, the applicant
shall file either a two-hundred thousand dollar ($200,000.00) surety bond
with the public works director or his designee which bond would protect
the city against damages to its property, including but not limited to
streets, curbs, gutters and sidewalks; or, in the alternative, provide
insurance coverage in the minimum amount of two hundred thousand
dollars ($200,000.00) covering damage to the same properties.
(2) The oversize load permit must accompany each oversize load and be
available at all times while the load is operating within the city limits.
(3) A separate permit shall be required from the state department of
highways and public transportation when transporting over state-
maintained highways within the city.
(4) Permits shall be issued for the following time periods at the following fees:
TABLE INSET:
Time Period Fee
Single move $50.00
1 month $150.00
3 months $250.00
6 months $350.00
1 year $500.00
(5) The public works director or his designee is hereby authorized to
promulgate regulations and forms concerning application, times of
operation, escort requirements, notification of utility companies and other
relevant requirements, and may issue permits with specific requirements
related to the load and its proposed route of travel.
(Ord. No. 04-022, § 3, 4-6-04)
Secs. 26-15--26-20. Reserved.
ARTICLE II. SPEED REGULATIONS
Sec. 26-21. State speed limits applicable except as otherwise provided.
The state traffic laws regulating the speed of vehicles shall be applicable upon all
streets within this city, except as this chapter, as authorized by state law, hereby
declares and determines upon the basis of engineering and traffic investigation that
certain speed regulations shall be applicable upon specified streets or in certain areas,
in which event it shall be prima facie unlawful for any person to drive a vehicle at a
speed in excess of any speed so declared in this chapter when signs are in place giving
notice thereof.
Proof of a culpable mental state of mind, as defined in Chapter 6 of the Texas
Penal Code, is not required to prove an offense under this section.
(Code 1958, § 37-57; Ord. No. 92-30, § 1, 3-24-92)
Sec. 26-22. Prima facie speed limits.
Upon the basis of engineering and traffic investigation, the prima facie speed limit
on all streets within the city shall be thirty (30) miles per hour unless signed otherwise in
accordance with the provisions of this chapter.
(Code 1958, § 37-57.1)
Sec. 26-23. Maximum and minimum speeds established in certain zones.
Schedule of streets. It is hereby determined upon the basis of an engineering
and traff ic investigation that the speed permitted by state law upon the streets or
portions thereof described in the schedule below is greater in some cases and less in
some cases than is reasonable or safe under the conditions found to exist upon such
streets or portions thereof, and it is hereby declared that the prima facie speed limit upon
those streets or portions thereof described in the schedule below shall be as therein
stated, when signs are erected giving notice thereof.
SCHEDULE
In accordance with this section, and when signs are erected giving notice thereof,
the prima facie speed limit shall be as set forth in this schedule, at all times, upon those
streets or portions thereof specified herein:
TABLE INSET:
Speed In
Direction Miles
Street Limits of Zones of Per Hour
Travel Maximum
Minimum
From a point 310 feet south of the center
4th Street line of College Street to a point 235 feet North and 35
north of the center line of Cardinal Drive South
North Frontage Road.
From the center line of Blackmon
11th Street (a) Lane to a point 325 feet north of North and 45
Sweetgum. South
From a point 325 feet north of
(b) Sweetgum to a point 185 feet North and 40
north of the center line of Ashley South
Street.
From a point 185 feet north of the
(c) center line of Ashley Street to a North and 35
point 485 feet south of the center South
line of College Street (US 90).
From a point 485 feet south of the
(d) center line of College Street (US North and 35
90) to the center line of Fannett South
Road.
From the center line of College to North and
23rd Street (a) a point 400 feet north of the 35
center line of Bolivar. South
From a point 400 feet north of the
(b) center line of Bolivar to a point North and 30
300 feet south of the center line of South
Cartwright.
From a point 300 feet south of the
(c) center line of Cartwright to the North and 35
center line of Washington South
Boulevard.
From a point 110 feet south of the
Avenue A (a) center line of Lavaca to a point North and 35
140 feet south of the center line of South
Florida.
From a point 140 feet south of the
(b) centerline of Florida to the North and 45
centerline of the US 69 north South
frontage road.
From a point 220 feet north of the
Bigner Road centerline of East Lucas to a point 480 North and 35
feet north of the centerline of Roland South
Road.
From a point 50 feet west of the centerline East and
Brooks of Fannett Road to a point 50 feet east of West 45
he centerline of Major Drive.
From a point 220 feet west of the East and
Broussard Road centerline of Tram Road to the west city West 30
limits.
From a point 230 feet west of the
Calder Avenue (a) centerline of Caldwood Cut-off East and 35
Bridge to a point 610 feet west of West
the centerline of Arlington.
b From a point 2,800 feet west of
( ) the centerline of FM 364 (Major East and 50
Drive) to the west city limits. West
Cardinal Drive rom the intersection with Interstate 10,
Main Lanes (US said point being 4,330 feet northwest of Northwest and 55 45
Hwy. 69, 96, 287) he centerline of the A. T. and S.F. Southeast
Railroad Bridge to the south city limits.
From the intersection with Interstate 10,
Cardinal Drive said point being 4,330 feet northwest of Northwest and
(North and South the centerline of the A. T. and S. F. 50
Frontage Road) Railroad Bridge to the centerline of Spur Southeast
80 (Port Arthur Road).
From a point 90 feet east of the
centerline of the Santa Fe
College Street (a) Railroad tracks to a point 30 feet East and 35
(U.S. Hwy 90) west of the centerline of West
Hillebrandt Bayou.
From a point 30 feet west of the
(b) centerline of Hillebrandt Bayou to East and 45
a point 60 feet west of the West
centerline of 23rd Street.
From a point 60 feet west of the
(c) centerline of 23rd Street to a point East and 50
200 feet west of the centerline of West
FM 364 (Major Drive).
From a point 200 feet west of the
(d) centerline of FM 364 (Major East and 55
Drive) to a point 60 feet east of West
the centerline of Wescalder.
(e) From a point 60 feet east of the East and
centerline of Wescalder to the West 60
west city limits.
From a point 60 feet north of the
Concord Road (a) centerline of Haden to a point 120 North and
feet north of the centerline of S.H. South 35
105 (Sour Lake Road).
From a point 120 feet north of the
b centerline of S.H. 105 (Sour Lake
( ) Road) to a point 250 feet east of North and 40
the centerline of Eastex East South
Frontage Road.
(c) From the centerline of Gulf Street North and 40
to the centerline of Plum Street. South
d From the centerline of Plum
( ) Street to the centerline of East North and 35
Lucas. South
Crow Road rom a point 210 feet north of the North and 35
renterline of Folsom to a point 200 feet South
south of the centerline of Odom Road.
From a point 50 feet west of the
Delaware (a) centerline of 19th Street to a point East and 35
600 feet east of the centerline of West
Oak Trace Drive.
From a point 600 feet east of the
(b) centerline of Oak Trace Drive to East and 40
the centerline of F.M. 364 (Major West
Drive).
From a point 150 feet west of the
centerline of Eastex West
Dowlen Road (a) Frontage Road to a point 2,090 North and 40
feet west of the centerline of South
Crow Road.
From a point 2,090 feet west of
(b) the centerline of Crow Road to a North and 45
point 560 feet north of the South
centerline of Gladys.
From a point 560 feet north of the
(c) centerline of Gladys to a point North and 35
150 feet north of the centerline of South
College.
From the north city limits (centerline of
Eastex Freeway Pine Island Bayou) to the intersection of North and 55 45
US 69, 96, 287) Interstate 10 (660 feet north of the South
centerline of Gladys).
Eastex Freeway From the north city limits of
(US 69, 96, 287) (a) Beaumont (centerline of Pine
West Frontage Island Bayou) to a point 1,283 South 45
Road feet south of the centerline of
Tram Road.
From a point 1,283 feet south of
(b) the centerline of Tram Road to the South 55
north bank of the L. N. V. A.
Canal.
From the south bank of the L. N.
(c) V. A. Canal to a point 215 feet South 45
north of the centerline of
Blackmon Lane.
(d) From a point 215 feet north of the South 35
centerline of Blackmon Lane to a
point 750 feet south of the
centerline of Kenwood Drive.
Eastex Freeway From a point 150 feet west of the
(US 69, 96, 287) (a) centerline of Eleventh Street to a North 45
East Frontage point 235 feet south of the
Road centerline of Delaware.
From a point 235 feet south of the
(b) centerline of Delaware to the North 35
centerline of Blackmon Lane
(dead end).
From a point 100 feet north of the
(c) centerline of Delaware to the North 45
south bank of the L. N. V. A.
Canal
From the north bank of the
(d) L.N.V.A. Canal to a point 783 North 55
feet south of the centerline of
Tram Road.
From a point 783 feet south of the
(e) centerline of Tram Road to the North 45
south bank of the Pine Island
Bayou.
From a point 200 feet south of the North and
Erie centerline of West Cardinal South South 35
Frontage Road to the south city limits.
Fannett Road From a point 250 feet west of the
(State Hwy. 124) (a) centerline of Fourth Street to a East and 40
point 175 feet west of St. James West
Boulevard.
From a point 175 feet west of the
centerline of St. James Boulevard
(b) East and
to a point 620 feet east of the 45
centerline of the L. N. V. A. West
Canal Bridge.
From a point 620 feet east of the
centerline of the L. N. V. A.
(c) Canal Bridge to a point 115 feet East and 50
west of the centerline of Parkview West
Drive.
(d) From a point 115 feet west of the East and 55
centerline of Parkview Drive to West
the west city limits.
From a point 100 feet west of the
centerline of Spur 380 (Port Arthur Road) East and
Florida 35
to a point 200 feet east of the centerline of West
West Cardinal North Frontage Road.
From a point 150 feet east of the
(a) centerline of West Lucas to a East and
Folsom Road point 1,000 feet west of the West 35
centerline of Dowlen Road.
From a point 1,000 feet west of
(b) the centerline of Dowlen Road to East and 45
the centerline of FM 364 (Major West
Drive).
Gladys Avenue (a) From the west right-of-way line East and
of IH-10 to a point 50 feet east of West 35
the centerline of Central Drive.
From a point 155 feet west of the
(b) centerline of Howell to a point East and 35
320 feet east of the centerline of West
Major Drive.
Gulf Street From the centerline of the Interstate 10 North and 40
north service road to Concord Road. South
From a point 150 feet north of the
Helbig Road centerline of East Lucas to a point 200 North and 40
feet south of the centerline of the L. N. V. South
A. Canal Bridge.
Highland Avenue From a point 25 feet north of the North and
centerline of Euclid to the south city South 35
limits.
IH-10 Seventh to College Street East/West 45
From a point 1300 feet west of the
Interstate 10 (a) centerline of Calder to a point 350 East and 60 45
feet west of the centerline of West
Harrison.
From a point 350 feet west of the
(b) centerline of Harrison to a point East and 55 45
1400 feet east of the centerline of West
Eleventh Street.
Interstate 10 (a) From West point 150 feet east of the
(North Frontage centerline of Pine Street to a point West 35
Roads) (Study: 200 feet east of the centerline of
6/14/82) Grand Street.
From a point 200 feet east of the
(b) centerline of Grand Street to the West 40
centerline of St. Helena Street
(dead end).
(c) From a point 720 feet east of the
centerline of Seventh Street to the West 40
centerline of Eleventh Street.
Interstate 10 From a point 750 feet south of the
(West Frontage (a) centerline of Kenwood Street to a South 35
Road) (Study: point 774 feet north of the
6/14/82) centerline of Harrison Street.
From a point 774 feet north of the
(b) centerline of Harrison Street to a South 40
point 105 feet northeast of the L.
N. V. A. Canal.
From a point 95 feet southwest of
(c) the L. N. V. A. Canal to a point Southwest 45
.512 miles southwest of the
centerline of Walden Road.
(d) From a point 1,631 feet northeast
of the centerline of Major Drive Southwest 40
to the west city limits.
Interstate 10 From a point 150 feet east of the
(South Frontage (a) centerline of Pine Street to a point East 35
Road) (Study: 200 feet east of the centerline of
6/14/82) Grand Street.
(b) From a point 200 feet east of the
centerline of Grand Street to the East 40
centerline of St. Helena.
From a point 720 feet east of the
(c) centerline of Seventh Street to a East 40
point 697 feet west of the
centerline of Eleventh Street.
Interstate 10 From a point 697 feet east of the
(East Frontage (a) centerline of Eleventh Street to a Northeast 40
Road) (Study: point 564 feet southeast of the
6/14/82) centerline of Washington Blvd.
(b) From a point 95 feet southwest of I Northeast 45
the L. N. V. A. Canal to a point
1,800 feet southwest of the
centerline of Walden Road.
(c) From a point 1,631 feet northeast
of the centerline of Major Drive North 40
to the west city limits.
From a point 150 feet east of the
IH-10 North (a) centerline of Pine Street to a point West 35
Frontage Road 200 feet east of the centerline of
Grand Street.
From a point 200 feet east of the
(b) centerline of Grand Street to the West 40
centerline of St. Helena Street
(dead end).
From a point 720 feet east of the
(c) centerline of Seventh Street to a
point 150 feet west of the West 40
centerline of Eleventh Street.
From a point 750 feet south of the
IH-10 West (a) centerline of Kenwood Street to a
Frontage Road point 774 feet north of the South 35
centerline of Harrison Street.
From a point 774 feet north of the
(b) centerline of Harrison Street to a
point 105 feet northeast of the South 40
LNVA Canal.
From a point 95 feet southwest of
(c) the LNVA Canal to a point .512 Southwest 45
miles southwest of the centerline
of Walden Road.
(d) From a point 1,631 feet northeast
of the centerline of Major Drive Southwest 40
to the west city limits.
IH-10 South (a) From the centerline of Miller
Frontage Road Street to a point 200 feet east of East 35
the centerline of Grand Street.
(b) From a point 200 feet [east] of the
centerline of Grand Street to the East 40
centerline of St. Helena.
(c) From a point 720 feet east of the I East 40
centerline of Seventh Street to a
point 697 feet west of the
centerline of Eleventh Street.
From a point 697 feet west of the
IH-10 East (a) centerline of Eleventh Street to a Northeast 40
Frontage Road point 564 feet southeast of the
centerline of Wash. Blvd.
From a point 95 feet southwest of
(b) the LNVA Canal to a point 1,800 Northeast 45
feet southwest of the centerline of
Walden Road.
(c) From a point 1,631 feet northeast
of the centerline of Major Drive North 40
to the west city limits.
From a point 150 feet south of the
Irvin centerline of Madison to a point 150 feet North and 35
Irving north of the centerline of Washington South
Boulevard.
Irving (Highland From a point 150 feet north of the North and
Connector) centerline of Washington Boulevard to the South 35
centerline of East Alma.
Keith Between Calder and College North and South 40
From a point 125 feet north of the
Lan ham Road centerline of Washington Boulevard to a North and 45
g point 260 feet south of the centerline of South
College.
Laurel Avenue (a) From the centerline of Magnolia
Street to the centerline of East 35
Eleventh Street.
From the centerline of Eleventh
(b) Street to a point 70 feet west of East and 35
the centerline of Fourteenth West
Street.
From a point 125 feet north of the
Lindbergh Drive centerline of Washington Boulevard to a North and 40
point 410 feet south of the centerline of South
College.
East Lucas (a) From a point 140 feet west of the East and 40
centerline of Pine Street to a point West
60 feet east of El Paso.
From a point 60 feet east of El
(b) East and
Paso to the centerline of Eastex 35
Freeway. West
From the centerline of Eastex Freeway to North and
West Lucas a point 100 feet north of the centerline of South 35
Calder Avenue.
From a point 310 feet north of the North and
Magnolia centerline of Calder to a point 140 feet South 35
south of the centerline of East Lucas.
Major Drive From the centerline of Tram Road
(Study: 5/6--8/96, (a) to a point 740 feet north of the North and 60
1/27/98, and centerline of Willis Lane. South
5/8/98)
From a point 740 feet north of the
(b) North and
centerline of Willis Lane to the 55
centerline of State Highway. South
From the centerline of State
(c) Highway 105 to a point 1125 feet North and 60
north of the centerline of Dishman South
Road.
From a point 1125 feet north of
(d) the centerline of Dishman Road to North and 55
a point 158 feet south of the South
centerline of Dishman Road.
From a point 158 feet south of the
(e) centerline of Dishman Road to a North and 50
point 470 feet north of the South
centerline of Manion Drive.
From a point 470 feet north of the
(f) centerline of Manion Drive to a North and 45
point 74 feet south of the South
centerline of White Road.
From a point 74 feet south of the
(g) centerline of White Road to a North and 35
point 265 feet north of the South
centerline of Brighton Street.
(h) From a point 265 feet north of the North and
centerline of Brighton Street to a South 45
point 300 feet south of the
centerline of Washington
Boulevard.
From a point 300 feet south of the
(i) centerline of Washington North and
Boulevard to a point 58 feet north South 55
of the centerline of IH-10 west
entrance and exit ramps.
From a point 58 feet north of the
(j) centerline of IH-10 west entrance North and 45
and exit ramps to the centerline of South
SH-124 (Fannett Road).
From a point 150 feet south of the
East Major Drive centerline of State Highway 105 to a point Northeast and 45
65 feet northeast of the centerline of Southwest
Major Drive.
Maury Meyers From the centerline of Phelan to a point
Bridge 0 feet west of the centerline of 13th Westbound 35
Street
From the centerline of Phelan to a point
0 feet east of the centerline of 12th Eastbound 35
Street
M.L. King, Jr. From the centerline of the
Parkway South (a) Interstate 10 North Frontage Road North and
(Spur 380) to a point 140 feet south of the South 40
(Study: 8/8/96) centerline of the SP R.R.
crossing.
From a point 140 feet south of the
(b) centerline of the SP R.R. crossing North and 45
to the centerline of Royal Street. South
From the centerline of Royal North(c) Street to a point 1320 feet south South and 55
of Sulphur Plant Road.
(d) From the centerline of the North and
Interstate 10 north service road to 40
Gulf Street. South
From a point 150 feet west of the
Old Dowlen (a) centerline of Dowlen Road to a North and 45
Road point 470 feet south of the South
centerline of Cole Road.
(b) From a point 470 feet south of the North and 35
centerline of Cole Road to a point South
135 feet south of the centerline of
S.H. 105 (Sour Lake Road).
From a point 400 feet north of the North and
Old Voth Road centerline of R.F.D. Road to a point 310 South 45
feet south of the centerline of Broadoak.
Old Voth Road (a) From a point 400 feet north of the North and
centerline of RFD Rd. to the South 35
centerline of Guess Road.
(b) From the centerline of Guess North and
Road to a point 310 feet south of South 45
the centerline of Broadoak
From a point 300 feet west of the
Phelan (a) centerline of Calder to a point East and 40
Boulevard 2,800 feet west of the centerline West
of Major Drive (FM 364)
From a point 2,800 feet west of
(b) the centerline of Major Drive (FM East and 45
364) to the west city limits West
From a point 195 feet east of the
Plant Road centerline of Eastex East Frontage Road East and 35
to a point 260 feet west of the centerline West
f Helbig Road.
From a point 85 feet north of the
Pine Street (a) centerline of Interstate 10 North North and 35
Frontage Road to a point 50 feet South
south of Coleman Road.
From a point 50 feet south of the
(b) centerline of Coleman Road to a North and 40
point 350 feet south of the north South
city limits (Neches River).
From the centerline of Fannett Road to a East and
Sarah Street point 200 feet west of the centerline of West 35
Fatima.
From the centerline of the US 69
Spur 93 (a) north frontage road to the north North and 45
property line of the LNVA Canal. South
(b) From a point 4,350 feet north of North and 60
the centerline of FM 3514 to a South
point 600 feet north of the
centerline of FM 3514
From a point 40 feet south of the
Spur 380 (Port (a) centerline of Euclid to a point 200 North and
45
Arthur Road) feet south of the centerline of South
Elgie Street.
From a point 200 feet south of the
(b) centerline of Elgie Street to the North and 50
south city limits (Spindletop South
Road).
Spur 380 (West From a point 260 feet south of the
Frontage Road) centerline of Adams Street to a point 170 South 40
feet south of the centerline of Alabama.
Spur 380 (East From a point 70 feet north of the
Frontage Road) centerline of Alabama to a point 280 feet North 40
north of the centerline of Villiva Lane.
State Highway From the centerline of U.S. 69 to
105(Study: 9-19- (a) a point 148 feet west of the East and 45
83) centerline of East Major Drive. West
From a point 148 feet west of the
b centerline of East Major Drive to
( ) a point 292 feet west of the East and 50
centerline of FM 364 (Major West
Drive).
From a point 292 feet west of the
(c) centerline of FM 364 (Major East and 55
Drive) to the west city limits. West
From a point 150 feet east of the
(d) centerline of Marcus Drive to a East and 50
point 146 feet west of the West
centerline of Major Drive.
(e) From a point 146 feet west of the East and
centerline of Major Drive to west West 55
city limits (Keith Road).
State Hwy 105 From the centerline of US 69 to the west East and 40
city limits. West
From a point 260 feet west of the
Tram Road (a) centerline of Old Voth Road to a East and 40
point 150 feet west of the West
centerline of Major Drive.
b From a point 150 feet west of the
( ) centerline of Major to the west East and West 50
city limits.
rom a point 70 feet south of the
University Drive centerline of East Lavaca to a point 150 North and 35
feet north of the centerline of Cardinal South
Drive North Frontage Road.
U.S. 69 Delaware to IH-10 North/South 45
U.S. 90 Business From a point 150 feet east of Louisiana to
West Frontage he centerline of North Street. South 35
Road)
U.S. 90 Business From the centerline of North Street to the
East Frontage centerline of Pine Street. North 35
Road)
From a point 350 feet west of the
(a) centerline of Interstate 10 to a East and
Walden Road point 1,900 feet west of the West 35
centerline of Interstate 10
From a point 1,900 feet west of
(b) the centerline of Interstate 10 to a East and 40
point 3,900 feet west of the West
centerline of Interstate 10
From a point 3,900 feet west of
(c) the centerline of Interstate 10 to East and 45
the centerline of FM 364 (Major West
Drive)
From a point 210 feet west of the
Washington (a) centerline of M.L. King to a point East/West 35
Blvd. 160 feet west of the centerline of
Santa Fe Railroad Tracks.
From a point 160 feet west of the
centerline of Santa Fe Railroad
(b) tracks to a point 160 feet west of WeS and 40
the centerline of Hillebrandt
Bayou Bridge.
(c) From a point 160 feet west of the East and 45
centerline of Hillebrandt Bayou West
Bridge to a point 600 feet west of
the centerline of Burbank Street.
(d) From a point 600 feet west of the East and 40
centerline of Burbank Street to a West
point 90 feet east of the centerline
of Major Drive (FM 364).
(Code 1958, §§ 37-58, 37-58.2, 37-58.3, 37-59; Ord. No. 76-65, §§ 1, 2, 5-25-76; Ord.
No. 76-69, §§ 1, 2, 6-8-76; Ord. No. 76-102, §§ 1, 2, 9-21-76; Ord. No. 77-126, § 1, 12-
13-77; Ord. No. 78-29, § 1, 3-7-78; Ord. No. 78-61, § 1, 5-30-78; Ord. No. 79-35, § 1, 5-
1-79; Ord. No. 79-56, § 1, 7-17-79; Ord. No. 80-69, § 1, 7-22-80; Ord. No. 82-118, § 1,
9-28-82; Ord. No. 83-133, § 1, 10-11-83; Ord. No. 84-23, § 1, 2-7-84; Ord. No. 84-27, §
1, 2-14-84; Ord. No. 84-28, § 1, 2-14-84; Ord. No. 84-29, § 1, 2-14-84; Ord. No. 84-30, §
1, 2-14-84; Ord. No. 84-74, § 1, 6-19-84; Ord. No. 84-04, § 1, 1-8-85; Ord. No. 86-04, §§
1, 2, 1-14-86; Ord. No. 86-68, § 1, 6-24-86; Ord. No. 87-48, § 1, 6-23-87; Ord. No. 88-
63, § 1, 6-28-88; Ord. No. 89-20, § 1, 4-11-89; Ord. No. 89-34, § 1, 6-6-89; Ord. No. 89-
56, § 1, 8-8-89; Ord. No. 89-57, § 1, 8-8-89; Ord. No. 90-5, § 1, 1-23-90; Ord. No. 90-24,
§ 1, 4-10-90; Ord. No. 90-41, § 1, 7-24-90; Ord. No. 91-56, § 1, 7-2-91; Ord. No. 91-58,
§ 1, 7-23-91; Ord. No. 91-87, § 1, 10-22-91; Ord. No. 94-12, § 1, 3-1-94; Ord. No. 97-32,
§ 1, 7-8-97; Ord. No. 97-50, § 1, 9-23-97; Ord. No. 98-1, § 1, 1-6-98; Ord. No. 98-40, §
1, 6-23-98; Ord. No. 98-74, § 1, 12-15-98; Ord. No. 99-80, § 1, 10-26-99; Ord. No. 99-
88, § 1, 11-9-99; Ord. No. 00-04, § 1, 1-4-00; Ord. No. 00-102, § 1, 12-12-00; Ord. No.
01-021, § 1, 3-6-01; Ord. No. 01-049, § 1, 7-3-01; Ord. No. 03-027, § 1, 4-8-03; Ord. No.
05-094, § 1, 12-20-05)
Sec. 26-24. Speed limits decreased in school zones.
It is hereby determined upon the basis of an engineering and traffic investigation,
that the speed permitted by state law upon those streets, or portions of streets described
in the following schedule is greater than is reasonable or safe under the conditions found
to exist upon such streets and it is hereby declared that the prima facie speed limit upon
those streets or portions thereof described in the following schedule shall be decreased
as therein stated and the limits so declared shall be effective at the times specified
therein when signs are erected giving notice thereof.
SCHEDULE A
In accordance with this section, and when signs are erected giving notice thereof,
the prima facie speed limit shall be twenty (20) miles per hour in the following zones
between the hours of 7:30 a.m. to 9:00 a.m. and 3:00 p.m. to 4:15 p.m., Monday through
Friday on school days:
SCHEDULE A
SCHOOL ZONE SPEED LIMITS
TABLE INSET:
Street Direction of Description
Travel
Arthur E &W From a point 65 feet west of the centerline of Overbrook to a
point 50 feet west of the centerline of Cleveland.
Avenue E N & S From a point 70 feet north of the centerline of Milam to a
point 45 feet south of the centerline of Gilbert.
Avenue F N & S From a point 40 feet north of the centerline of Gilbert to a
point 40 feet north of the centerline of Franklin.
Berkshire N & S From the centerline of N. Caldwood to a point 65 feet north
of the centerline of Stratton.
Blanchette E & W From a point 35 feet west of the centerline of 6th to a point
50 feet west of the centerline of Skipwith.
Blanchette E & W From a point 45 west of the centerline of Avenue A to a
point 45 feet east of the centerline of Avenue C.
Brooklyn N & S From a point 40 feet south of the centerline of Cuniff to a
point 40 feet north of the centerline of Grant.
N. E &W From a point 300 feet east of the centerline of E. Caldwood
Caldwood to the centerline of Berkshire.
Champions N & S From a point 50 feet north of the centerline of Walden to a
point 1550 feet north of the centerline of Walden
N. Circuit E& W From the centerline of Peyton to a point 300 feet east of the
centerline of Belvedere.
Cleveland E & W From a point 30 feet south of the centerline of Ives to a point
50 feet north of the centerline of Toledo.
College E &W From a point 395 feet east of the centerline of Avenue F to a
point 295 feet west of the centerline of Avenue F.
Corley E & W From a point 225 feet west of the centerline of Eighth Street
to a point 400 feet east of the centerline of Eighth Street.
Cuniff E & W From a point 40 feet west of the centerline of Brooklyn to a
point 130 feet east of the centerline of Irving.
Elinor E & W From a point 55 feet east of the centerline of Ethel to the
centerline of Iola.
Florida E & W From a point 65 feet west of the centerline of Kenneth to a
point 375 feet east of the centerline of Highland Avenue.
Franklin E & W From a point 100 feet west of the centerline of Avenue E to
a point 100 feet east of the centerline of Avenue G.
Gilbert E & W From a point 35 feet east of the centerline of Avenue F to a
point 50 feet west of the centerline of Avenue E.
Griffing E & W From the centerline of Old Voth Road to a point 1005 feet
west of the centerline of Old Voth Road.
Highland N & S From a point 100 feet south of the centerline of Nolan to a
point 50 feet south of the centerline of Clark Street.
Highland N & S From a point 375 feet north of the centerline of Florida to a
point 375 feet south of the centerline of Florida.
From a point 40 feet north of the centerline of House Road
Homer N & S to the Beaumont Independent School District boundary of
Homer Street School.
Howell N & S From a point 50 feet north of the centerline of Derby to a
point 160 feet south of the centerline of Pickwick.
Iola N & S From a point 40 feet south of the centerline of West Euclid
at a point 40 feet north of the centerline of Westmoreland.
Irving N & S From a point 30 feet south of the centerline of Shamrock to
a point 50 feet north of the centerline of Schwarner.
Jackson E & W From a point 45 feet west of the centerline of Brooklyn to
the centerline of Irving.
S. Kenneth N & S From a point 35 feet south of the centerline of Florida to a
point 50 feet north of the centerline of Winfree.
Lavaca E & W From a point 50 feet west of the centerline of Sullivan to a
point 50 feet west of the centerline of Lakner.
Lela E & W From a point 25 feet west of the centerline of Usan to a point
20 feet east of the centerline of Garden.
Lucas E &W From a point 420 feet east of the centerline of Windsor to a
point 170 feet west of the centerline of Pennock.
Lyle E & W From a point 35 feet east of the centerline of Victoria to a
point 40 feet east of the centerline of Avenue A.
Magnolia N & S From a point 400 feet south of the centerline of Trinidad to a
point 100 feet south of the centerline of East Lucas.
Magnolia N & S From a point 80 feet north of the centerline of Delaware to a
point 50 feet south of the centerline of Prince.
Martin E &W From a point 65 feet east of the centerline of Pine to a point
50 feet west of the centerline of Taliaferro.
Milam E& W From a point 65 feet east of the centerline of Avenue E to a
point 40 feet east of the centerline of Avenue F.
Orange N & S From a point 250 feet south of the centerline of Emma to a
point 180 feet north of the centerline of Bolivar.
Peyton N & S From a point 150 feet south of the centerline of Sallie to the
centerline of N. Circuit.
Pine N & S From a point 75 feet north of the centerline of Jeanette to a
point 30 feet south of the centerline of Hill.
Pope E & W From a point 105 feet west of the centerline of Quinn to a
point 30 feet east of the centerline of Renaud.
Regina E &W From a point 165 feet west of the centerline of Rikisha to a
point 650 feet west of the centerline of Howell.
Sarah E & W From a point 250 feet east of the centerline of Usan to a
point 250 feet west of the centerline of Goliad.
St. Helena N & S From a point 250 feet south of the centerline of Pope to a
point 250 feet from the centerline of Pope.
Taft E & W From a point 50 feet west of the centerline of Cleveland to a
point 155 feet east of the centerline of W. Lynwood.
Usan N & S From the centerline of West Virginia to a point 50 feet north
of the centerline of Lela.
Victoria N & S From a point 35 feet south of the centerline of Lyle to a
point 220 feet north of the centerline of Bolivar.
Old Voth N & S From a point 150 feet north of the centerline of Lawrence
Drive to the centerline of Griffing Rd.
Walden From a point 500 feet west of the centerline of Champions to
Road E & W a point 500 feet east of the centerline of Champions.
Warren N & S From a point 145 feet north of the centerline of Bender to
the centerline of Sarah.
Washington E& W From a point 350 feet west of the centerline of 6th Street to a
point 330 feet west of the centerline of 8th Street.
Waverly E& W From a point 250 feet west of the centerline of Iola to a point
630 feet east of the centerline of Ethel.
West E & W From a point 180 feet west of the centerline of Goliad to a
Virginia point 350 feet east of the centerline of St. Louis.
From a point 40 feet east of the centerline of Lawrence to
White Oak E & W the Beaumont Independent School District property line of
Homer Street school.
Woodrow E & W From a point 250 feet west of the centerline of Highland to a
point 30 feet west of the centerline of Maddox.
SCHEDULE B
In accordance with this section, and when signs are erected giving notice thereof,
the prima facie speed limit shall be twenty (20) miles per hour in the following zones
between the hours of 7:30 a.m. and 9:00 a.m. and 3:30 p.m. and 4:30 p.m., Monday
through Friday on school days:
SCHEDULE B
SCHOOL ZONE SPEED LIMITS
TABLE INSET:
Street Direction of Description
Travel
Avenue A N & S From a point 250 feet north of the centerline of Blanchette to
a point 250 feet north of the centerline of Craig.
Avenue C N & S From a point 250 feet north of the centerline of Blanchette to
a point 250 feet south of the centerline of Craig.
From a point 170 feet west of the centerline of Driskell to a
Austin N & S point 30 feet west of the centerline of Eastex West Service
Road.
Blanchette E & W From a point 45 feet west of the centerline of Avenue A to a
point 45 feet east of the centerline of Avenue C.
Craig E & W From a point 45 feet west of the centerline of Avenue A to a
point 45 feet east of the centerline of Avenue C.
Gladys E & W From the centerline of Dowlen to a point 120 feet east of the
centerline of Norwood.
SCHEDULE C
In accordance with this section and when signs are erected giving notice thereof,
the prima facie speed limit shall be twenty (20) miles per hour in the following zones
between the hours of 6:45 a.m. and 8:15 a.m. and 2:15 p.m. and 3:45 p.m., Monday
through Friday on school days:
TABLE INSET:
Street Direction of Description
Travel
Fannett Road N & S From a point 650 feet west of the centerline of
(SH 124) Westmoreland Street to a point 250 feet east of the
centerline of Fifth Street.
Fourth Street From a point 100 feet north of the centerline of Southerland
N & S Street to a point 90 feet south the centerline of Glenwood
Avenue.
Jaguar Street N & S From the centerline of South Street to the centerline of
Smart Street.
From a point 250 feet west of the centerline of Oxford
South Street E &W Street to a point 300 feet east of the centerline of Jaguar
Street.
SCHEDULE D
In accordance with this section and when signs are erected giving notice thereof,
the prima facie speed limit shall be twenty (20) miles per hour in the following zones
between the hours of 7:45 a.m. and 9:15 a.m. and 3:00 p.m. and 4:30 p.m., Monday
through Friday on school days:
TABLE INSET:
Street Direction of Description
Travel
Carlisle N & S From a point 55 feet south of the centerline of Concord to a
point 40 feet north of the centerline of French Road.
Concord E & W From a point 100 feet east of the centerline of Pinkston to a
point 250 feet east of the centerline of Carlisle
Dowlen N & S From a point 165 feet north of the centerline of Gladys to a
point 300 feet south of the centerline of Westgate.
Drennan E& W From a point 80 feet east of the centerline of Major Drive to
the centerline of Trojan.
Eldridge N & S From a point 45 feet south of the centerline of McLean to a
point 70 feet north of the centerline of Coburn.
Gladys E &W From the centerline of Dowlen to a point 120 feet east of the
centerline of Norwood.
Major N & S From a point 210 feet south of the centerline of Allison Way to
a point 100 feet north of the centerline of Morgan.
McLean E & W From the centerline of Trojan to a point 35 feet east of the
centerline of Eldridge.
Sarah E & W From a point 250 feet east of the centerline of Usan to a point
250 feet west of the centerline of Goliad.
Trojan N & S From the centerline of McLean to the centerline of Drennan.
SCHEDULE E
In accordance with this section and when signs are erected giving notice thereof,
the prima facie speed limit shall be twenty (20) miles per hour in the following zones
between the hours of 7:00 a.m. and 8:30 a.m. and 2:45 p.m. and 3:45 p.m., Monday
through Friday on school days:
TABLE INSET:
Street Direction of Description
Travel
Delaware E & W From a point 30 feet east of the centerline of Briarcliff to a
point 165 feet east of the centerline of West Lucas.
Fatima E & W From a point 330 feet south of the centerline of Elmira to the
centerline of Sarah.
Forsythe E & W From a point 115 feet east of the centerline of Jefferson to a
point 170 feet west of the centerline of Archie.
Liberty W From a point 50 feet west of the centerline of Eleventh Street
to a point 50 feet west of the centerline of 13th Street.
Sarah E &W From the centerline of Fatima to a point 250 feet west of the
centerline of Winston.
W. E &W From a point 40 feet west of the centerline of Chaison to a
Virginia point 60 feet east of the centerline of Avenue A.
Woodrow E & W From a point 50 feet west of the centerline of Chaison to a
point 50 feet east of the centerline of Avenue A.
(Code 1958, § 37-58.1; Ord. No. 74-69, § 1, 11-12-74; Ord. No. 77-97, § 1, 9-6-77; Ord.
No. 82-31, § 1, 3-30-83; Ord. No. 82-91, § 1, 8-17-82; Ord. No. 82-139, § 1, 12-14-82;
Ord. No. 83-85, § 1, 7-26-83; Ord. No. 84-105, § 1, 8-14-84; Ord. No. 84-111, § 1, 9-4-
84; Ord. No. 85-08, § 1, 1-22-85; Ord. No. 86-04, §§ 3--6, 1-14-86; Ord. No. 86-17, § 1,
2-25-86; Ord. No. 87-24, § 1, 4-14-87; Ord. No. 87-70, § 1, 9-8-87; Ord. No. 87-86, § 1,
10-27-87; Ord. No. 88-50, § 1, 5-17-88; Ord. No. 90-43, § 1, 8-7-90; Ord. No. 90-46, § 1,
8-21-90; Ord. No. 90-50, § 1, 8-28-90; Ord. No. 90-71, § 1, 11-20-90; Ord. No. 91-36, §
1, 4-23-91; Ord. No. 91-78, §§ 1--3, 10-1-91; Ord. No. 91-86, § 1, 10-15-91; Ord. No. 92-
20, § 1, 2-25-92; Ord. No. 92-56, § 1, 7-28-92; Ord. No. 93-14, § 1, 3-2-93; Ord. No. 93-
60, § 1, 10-19-93; Ord. No. 93-67, § 1, 11-9-93; Ord. No. 94-63, § 1, 12-13-94; Ord. No.
95-11, § 1, 2-14-95; Ord. No. 95-45, § 1, 8-15-95; Ord. No. 95-49, § 1, 8-29-95; Ord. No.
95-58, § 1, 9-12-95; Ord. No. 95-67, § 1, 10-24-95; Ord. No. 95-77, § 1, 12-19-95; Ord.
No. 97-21, § 1, 4-8-97; Ord. No. 98-9, § 1, 2-17-98; Ord. No. 98-54, § 1, 8-11-98; Ord.
No. 98-75, § 1, 12-15-98; Ord. No. 99-7, § 1, 2-2-99; Ord. No. 99-67, § 1, 9-21-99; Ord.
No. 00-64, §§ 1, 2, 8-22-00; Ord. No. 05-086, § 1, 10-11-05)
Sec. 26-24.1. School zone speed limits; time applicable.
In accordance with this section, and when signs are erected giving notice thereof,
the prima facie speed limit shall be twenty (20) miles per hour, Monday through Friday
on school days, at locations designated yearly the Beaumont Independent School
District.
School zone times during the summer session shall be set at thirty (30) minutes
prior to and fifteen (15) minutes after the beginning of the class day, and fifteen (15)
minutes prior to and thirty (30) minutes after the end of the school day.
These times shall coincide with the commencement and dismissal times provided
by the Beaumont Independent School District.
(Ord. No. 88-62, § 1, 6-28-88)
Sec. 26-25. Unreasonably slow movement.
It shall be unlawful for any person to so operate or drive any motor or other
vehicle upon the public highways, roads or streets of this city so as to willfully obstruct or
impede the normal, reasonable and safe movement of traffic. Police officers are hereby
authorized to enforce the foregoing provision by directions to drivers, and a willful
disobedience to this provision shall be a violation of law punishable as provided in
section 1-8 of this Code.
(Code 1958, § 37-60)
Sec. 26-26. Reserved.
Editor's note: Ord. No. 90-37, § 1, adopted July 3, 1990, amended the Code by
deleting § 26-26 in its entirety. Said section pertained to train speed limitations and
derived from the Code of 1958, § 37-62.
Secs. 26-27--26-39. Reserved.
ARTICLE III. STOPPING, STANDING, PARKING
DIVISION 1. GENERALLY
Sec. 26-40. Reserved.
Editor's note: Ord. No. 98-64, § 1, adopted October 6, 1998, amended the Code by
repealing former § 26-40. Former § 26-40 pertained to impounding of vehicles, and
derived from the Code of 1958, § 37-139; Ord. No. 77-49, adopted May 3, 1977; Ord.
No. 80-10, adopted February 5, 1980; Ord. No. 85-48, adopted April 23, 1985; Ord. No.
85-49, adopted April 23, 1985; Ord. No. 85-116, adopted November 19, 1985; Ord. No.
88-14, adopted February 9, 1988; and Ord. No. 93-6, adopted February 2, 1993.
Sec. 26-41. Impounding of vehicles--Vehicles unattended for forty-eight
hours; redemption and sale.
The streets, alleys, or other public places of the city are not intended for storage
of vehicles; therefore, any vehicle standing, parked or remaining unattended within the
same two (2) blocks of any public street, alley, sidewalk, parkway or upon any property
of the city for forty-eight (48) or more continuous hours, even though the vehicle is
moved from one place to another within such blocks or city property, is hereby declared
to be illegally parked. If the vehicle remains within the same two (2) blocks of any public
street, alley, sidewalk, parkway or upon any property of the city for an additional forty-
eight (48) additional ontinuous hours, it is hereby declared to be a nuisance per se, and
any such vehicle when so found shall be removed summarily by any police officer of the
city to any storage area designated or maintained by the police department and shall be
kept there until redeemed or sold as provided in this section. For purposes of this
section, "vehicle" means a device in or by which a person or property is or may be
transported or drawn on a public highway, other than a device used exclusively on
stationary rails or tracks.
(Ord. No. 99-1, § 1, 1-12-99)
Editor's note: Ord. No. 98-64, § 1, adopted October 6, 1998, amended the Code by
repealing former§ 26-41. Former §26-41 pertained to impounding of vehicles
unattended for forty-eight hours, and derived from the Code 1958, § 37-115.1; and the
aforementioned Ord. No. 88-14. Ord. No. 99-1, § 1, adopted January 12, 1999,
subsequently amended the repealed § 26-41, and the editor has treated Ord. No. 99-1
as adding a new § 26-41.
Sec. 26-42. Angle parking prohibited.
No angle parking shall be permitted on any of the streets of the city, except as
authorized in section 26-43.
(Code 1958, § 37-107)
Sec. 26-43. Loading and unloading at angle, permit therefor.
The #a#iGeRginaefRqblic works director is authorized to issue special permits to
permit the backing of a vehicle to the curb for the purpose of loading or unloading
merchandise or materials subject to the terms and conditions of such permit. Such
permits may be issued either to the owner or lessee of real property or to the owner of
the vehicle and shall grant to such person the privilege as therein stated and authorized
herein. It shall be unlawful for any permittee or other person to violate any of the special
terms or conditions of any such permit.
(Code 1958, § 37-109)
Sec. 26-44. Stopping on railroad tracks.
It shall be unlawful for a person to stop, stand or park a vehicle otherwise than
temporarily for the purpose of and while actually engaged in loading or unloading, upon,
along or across any railroad track within the city so as to interfere with the normal
movement of railroad cars along such track.
(Code 1958, § 37-112)
Sec. 26-45. Night parking of commercial vehicles.
No person shall park any truck, bus or other commercial vehicle on any street
between the hours of 10:00 p.m. and 5:00 a.m.
(Code 1958, § 37-114)
Sec. 26-45.1. Parking limited at public library.
It shall be unlawful for any unauthorized person to park a vehicle in eusess eA twe
.any city parkinq lot for a period of two (2)
hours or more unless the person is conducting business or attending an event at an
affiliated venue.
(Ord. No. 77-69, § 1, 6-28-77)
Sec. 26-46. Prohibited purposes.
No person shall park a vehicle upon any Feadwa street right-of-way for the
principal purpose of:
(1) Displaying such vehicle for sale.
(2) Washing, greasing or repairing such vehicle except repairs necessitated
by an emergency.
(3) Using such vehicle or trailer for advertising purposes or displaying large
signs therefrom containing pictures or reading matter.
(Code 1958, § 37-115)
Sec. 26-47. Public carrier stops and zones—Restricted use.
No person shall stop, stand or park a vehicle other than a bus in a bus stop or
bus zone, or other than a taxicab in a taxicab zone when any such stop or zone has
been officially designated and appropriately signed except that the driver of a passenger
vehicle may temporarily stop therein for the purpose of and while actually engaged in
loading or unloading passengers when such stopping does not interfere with any bus or
taxicab waiting to enter or about to enter such zone.
(Code 1958, § 37-121)
Sec. 26-48. Same—Buse .
(a) The operator of a bus shall not stand or park such vehicle upon any street at any
place other than a bus stop or bus zone so designated as provided herein.
(b) The operator of a bus shall not stop such vehicle upon any street at any place for
the purpose of loading or unloading passengers or their baggage other than at a
bus stop, bus zone or passenger-loading zone so designated as provided herein,
except in case of an emergency.
(c) The operator of a bus shall enter a bus stop, bus zone or passenger-loading
zone on a public street in such manner that the bus when stopped to load or
unload passengers or baggage shall be in a position with the right front wheel of
such vehicle not further than eighteen (18) inches from the curb and the bus
approximately parallel to the curb so as not to unduly impede the movement of
other vehicular traffic.
(Code 1958, § 37-122)
,
the fGll9WiRg t9FFAS shall have the FA a6GFih_ed_ $9 thAKII-I
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Y) Nq pemon shall paFk a vehidle OR the 6()Uth 19t 99 thA_ RO-Fth let Q-thAW th-AR %AfethaR a
GleaFly FnaF PaGe, ROF 6hall aRY P9FG9A paFk a Y8hiGI8 OR an GAtFaRG9,
eXit, GIFOWWay, 9F aisle P—ARRAW Whig-h obstruir-As an eAtFanGe, exit,
dF*Y9Way 9F aisle.
(GOde 4 959, § 37 14 5.3; QFd. No. 76 662, 1, 6 4 8 76; QFd. No. 77-8, § 4, 4 4 8 77; QFd.
Ne. 78-114 4, 12-12-:78; 04 No. § 1, 2 2:7 :79; QFd. No 02-31, § 1, 3-24-0°2)
Sec. 26-50. Parking beyond time limit.
It shall be unlawful for any person to park a vehicle on any street in excess of
parking time limits determined for that location and posted in accordance with section
26-13(14).
(Ord. No. 92-31, § 1, 3-24-92)
Sec. 26-51. Presumption.
In any prosecution charging a violation of any section within this article, proof that
the particular vehicle described in the complaint was parked in violation of any section
within this article together with proof that the defendant named in the complaint was, at
the time of such parking, the registered owner of such vehicle shall constitute in
evidence a rebuttable presumption that the registered owner of such vehicle was the
person who parked or placed such vehicle in violation.
(Ord. No. 92-31, § 1, 3-24-92)
Secs. 26-52--26-59. Reserved.
DIVISION 2. PARKING METERS
Sec. 26-60. Times regulations applicable.
The regulations provided for in this division shall apply between the hours of 8:00
a.m. and 5:00 p.m. on all days other than Saturdays, Sundays and the following
holidays: The first day of January, the fourth day of July, the first Monday in September,
Thanksgiving Day, and the twenty-fifth day of December.
(Code 1958, § 37-123; Ord. No. 79-25, § 1, 3-27-79)
a6 paFkaRg Met-A-F -7Q-R 49 at !he iRtemeln-tie-R 9-f the
ea6t pFopeq 19R9 Of GYPF866 St R. -A A4941484 to the
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ref vehicles:
Sec. 26-62. Installation, coins, time limits, legend.
(a) The ublic works director shall install parking meters in the
parking meter zones established as provided in this article upon the curb
immediately adjacent to each designated parking space. Such meters shall be
capable of being operated, either automatically or mechanically, upon the deposit
therein of an appropriate coin of United States currency. The #aff+e
engine public works director shall time the meters upon the basis of an
engineering and traffic investigation to best aid in the regulation, control and
inspection of the parking of vehicles. The timing and type of operation shall be
one (1) of the following:
(1) Twenty five eent (quarter) meter-, thirty minute pa*ing Am4� PaFking 6hall
(22 1) One-hour time limit. Parking
shall be lawful for thiFty (30)up to sixty (60) minutes upon deposit of a
five-Gent-Goo asfive cents for each six minute increment.
L3) Two-hour limit. Parking shall
be lawful for t (30)- niRutesup to two (2) hours upon deposit of a
five cents for each six minute increment.
(b) Each parking meter shall be so designed, constructed, installed and set, that
upon the expiration of the time period registered, by the deposit of one or more
coins, as provided herein, it will indicate by an appropriate signal that the lawful
parking meter period has expired, and during such period of time and prior to the
expiration thereof, will indicate the interval of time which remains of such period.
(c) Each parking meter shall bear thereon a legend indicating the days and hours
when the requirement to deposit coins therein shall apply, the value of the coins
to be deposited, and the limited period of time for which parking is lawfully
permitted in the parking meter zone in which such meter is located.
(Code 1958, § 37-125; Ord. No. 79-25, §2, 3-27-79; Ord. No. 02-009, § 1, 1-29-02)
Sec. 26-63. Spaces.
(a) The designated parking space for each parking meter shall be bounded as
follows: the front edge of the designated parking space along the roadway shall
be at the point the meter is located; the rear edge of the designated parking
space shall be the next adjacent parking meter located along the roadway in a
direction opposite to the flow of traffic on that side of the street; in locations
without adjacent meters to define the rear edge of the space, the rear edge shall
be defined as a point twenty (20) feet along the roadway in a direction opposite
to the flow of traffic on that side of the street. The meter that is located at the
front edge of the designated parking space shall be applicable for the space. The
above definition shall be superseded by signs and markings that define the
bounds of the parking space for each meter or areas in which parking is
restricted.
(b) No person shall park a vehicle in any such designated parking space during the
restricted and regulated time applicable to the parking meter zone in which such
meter is located so that any part of such vehicle occupies more than one such
space except that a vehicle which is of a size too large to be parked within a
single designated parking space shall be permitted to occupy two (2) adjoining
parking meter spaces when coins shall have been deposited in the parking meter
for each space so occupied as is required in this division for the parking of other
vehicles in such space.
(Code 1958, § 37-126; Ord. No. 92-31, § 2, 3-24-92)
Sec. 26-64. Deposit of coins, exceeding time limit.
(a) No person shall park a vehicle in any parking space upon a street alongside of
and next to which a parking meter has been installed during the restricted and
regulated time applicable to the parking meter zone in which such meter is
located unless a coin or coins of United States currency of the appropriate
denomination, as provided in this division, shall have been deposited therein, or
shall have been previously deposited therein for an unexpired interval of time and
such meter has been placed in operation.
(b) No person shall permit a vehicle when in his control to be parked in any such
parking meter space during the restricted and regulated time applicable to the
parking meter zone in which such meter is located while the parking meter of
such space indicates by signal that the lawful parking time in such space has
expired. This provision shall not apply to the act of parking or the necessary time
which is required to deposit immediately thereafter a coin or coins in such meter.
(c) No person shall park a vehicle in any such parking meter space for a consecutive
period of time longer than that limited period of time for which parking is lawfully
permitted in the parking meter zone in which such meter is located, irrespective
of the number or amounts of the coins deposited in such meter.
(d) Minimum fines. The minimum fines to be assessed for parking violations are as
follows:
(1) Over parking: $10.00 ($20.00 after five days);
(2) No parking zone: $15.00 ($30.00 after five days);
(3) Fire zone: $40.00 ($70.00 after five days);
(4) Other parking violations: $15.00 ($30.00 after five days).
(e) The provisions of this section shall not relieve any person from the duty to
observe other and more restrictive provisions of this division and the state vehicle
code prohibiting or limiting the stopping, standing or parking of vehicles in
specified places or at specified times.
(Code 1958, § 37-127; Ord. No. 02-002, § 1, 1-22-02)
No peF69R shall deposit oF attempt !9 deposit OR any paFking Fnetw aRy slug,
Sec. 26-66. Tampering with meter.
No person shall deface, injure, tamper with, open or willfully break, destroy or
impair the usefulness of any parking meter.
(Code 1958, § 37-129)
Sec. 26-67. Use of proceeds; collection of coins, disposition, bond of
collector.
(a) The coins required to be deposited in parking meters as provided in this division
are levied and assessed as needs to cover the regulation and control of parking
upon public streets; the cost of parking meters, their installation, inspection,
supervision, operation, repair and maintenance; control and use of parking
spaces and regulating the parking of vehicles in parking meter zones.
(b) The coins deposited in parking meters shall be collected by qualified employees
of the city designated by the city manager. Such persons so designated shall
take from such parking meters the coins deposited in the meters and deliver
same in the locked containers to the director of finance or to someone
designated by him, where such money shall be counted, and same shall be
deposited to the credit of the city. Each person so designated to collect such
coins from the meters and deliver same as provided for herein, shall execute a
fiduciary bond in the sum of twenty-five hundred dollars ($2,500.00) payable to
the city, conditioned for the faithful performance of his duties in collecting and
delivering all such coins and moneys, which bond shall be executed by a
corporate surety which has been duly authorized under the laws of the state to
execute such bond. The premium for such bond shall be paid by the city. The
duties prescribed to the employees under the terms of this section may be in
addition to other regular duties which they may be performing.
(Code 1958, § 37-130)
State law references: Use of receipts for police and firemen's pension fund in large
cities, VTCS, Art. 6243f, § 16.
Sec. 26-68. Reserved metered parking spaces.
The director of public works or his designee is hereby authorized to reserve
metered parking spaces for special purposes. If the director of public works or his
designee deems the reservation of metered parking spaces in the public interest he shall
mark such meters appropriately to notify the general public that use of such meters is
unlawful by unauthorized vehicles and shall collect from the person or firm requesting
the reserved use the following fees:
(1) The single charge of ekjW-ten dollars ($810.00) per meter shall be made
as an administrative charge for each trip to a single block location for the
purpose of designating reserved meter spaces; and
(2) An additional fee of four dollars ($4.00) per meter per day shall be
charged for each day that the designated spaces remain reserved.
Persons or firms who are performing renovations and/or improvements which
would endanger the safety and welfare of the citizens if parking spaces are not reserved,
will be granted a waiver of all reserved use fees by the director of public works. To
obtain the waiver provided herein, a written request must be received by the director of
public works at least ten (10) days prior to the date the reserved meters are required.
The written request shall additionally contain meter location and dates for which the
reservations are needed. The waiver will be granted only for those meters abutting the
property being renovated or improved.
(Ord. No. 83-124, § 1, 9-27-83; Ord. No. 87-89, § 1, 11-24-87)
Secs. 26-69--26-89. Reserved.
ARTICLE IV. PARADES
Sec. 26-90. Definitions.
As used in this article, the following words and terms shall have the meaning
ascribed thereto:
Applicant. A person who has filed a written application for a parade permit.
Parade. An assembly of three (3) or more persons gathering for the common
design of moving in or upon any public street from one location to any other location,
whether on foot, on horseback, by mechanical conveyance, or otherwise, as part of a
procession, march, pageant, ceremony, or like event.
Commercial parade. A parade sponsored other than by a nonprofit organization,
the purpose of which is to advertise a product, whether tangible or intangible, to
advertise or promote an exhibition or theatrical performance, or otherwise operate to the
pecuniary benefit of the sponsor.
Parade permit. A written consent or permit to conduct a parade issued pursuant
to written application and approval hereunder.
Street. The entire width between the boundary lines of every road or way publicly
maintained when any part thereof is open to the use of the public for vehicular traffic.
Permittee. A person to whom a parade permit has been granted under this
article.
Chief of Police, Fire Chief, Public Works Director, and City Manager include their
designees.
(Ord. No. 85-115, § 1, 11-19-85)
Sec. 26-91. Parade permit required; exceptions.
(a) It shall be unlawful to commence, conduct, aid, or engage in a parade upon any
public street without having first secured a parade permit therefor from the chief
of police.
(b) The following activities shall be exempt from the requirement of a permit
hereunder:
(1) Funeral processions supervised by a licensed mortuary proceeding by a
reasonable route from a funeral home, church, or residence of a
deceased to a memorial service or place of interment;
(2) Picketing or other peaceful demonstrations at a fixed location that is not a
street;
(3) Sidewalk processions conducted in accordance with all traffic regulations
and other applicable laws and ordinances;
(4) Processions, convoys, marches or similar activities conducted by
members of the armed forces of the United States or the State of Texas
while acting in the regular course and scope of their duties;
(5) Processions, convoys, or the like conducted by members of the
Beaumont Fire or Police Departments while acting in the regular course
and scope of their duties;
(6) Wedding processions proceeding by a reasonable route between the
residence of a member of the matrimonial party, the place of performance
of the matrimonial service, and/or the place of reception or matrimonial
celebration;
(7) Motorcades escorted by members of the Beaumont Police Department as
a part of their assigned duties.
(Ord. No. 85-115, § 1, 11-19-85)
Sec. 26-92. Application for parade permit.
(a) Applications for a parade permit must be filed with the chief of police no less than
twenty-ene-(2l-thirt 30) days prior to the date and time for commencement of
such parade.
(b) Each application for a parade permit must be made on a form provided for this
purpose by the chief of police.
(c) Each application for a parade permit shall be signed by the applicants
and contain the following
information:
(1) The name, address, and telephone number of the applicant;
(2) The name, address and telephone number of any organization, firm,
association, corporation, or other entity on whose behalf application is
made;
(3) Date and time proposed for commencement of the parade;
(4) A statement of the anticipated duration of the parade;
(5) A description of the specific parade route listing all streets to be utilized
and the direction of flow from the point of commencement to termination;
(6) The estimated number of persons to participate in the parade;
(7) The estimated number of vehicles, floats, animals, motorized displays
and the like to be utilized in the parade;
(8) The estimated number of marching units, bands, color guards, drill teams
and the like to participate in the parade.
(d) If the applicant is acting on behalf of a corporation, association, firm or other
organization sponsoring the parade, the application must be accompanied by a
letter
indicating +tithe organization's
sponsorship of such parade and authorizing the applicant to act in its behalf in
securing a permit therefor.
(e) Upon receipt of an application for a parade permit, the chief of police shall
forward a true copy of same to the fire chief and tFa#iG 9RgiR9eFpqbIic works
director with a request for comments thereon.
(Ord. No. 85-115, § 1, 11-19-85)
Sec. 26-93. Standards for issuance; action on application.
(a) A parade permit shall either be issued or denied within seven (7) days after the
applications therefor being filed with the chief of police.
(b) The chief of police may, in consultation with the Gity tFa#iG 8R@iA8 ublic works
director and fire chief, approve an application for a parade permit subject to
reasonable terms and conditions relating to the time, place or manner for conduct
of the parade, including, but not limited to:
(1) The establishment of an alternate time for conduct of the parade;
(2) The establishment of an alternate route for conduct of the parade;
(3) Reasonable regulations regarding the width and length of the parade.
(c) Upon issuance of a parade permit, the chief of police shall fn-AAQaKd- -A U-619 GOPY 9f
same--tenotify the Gity tFa#iG 8 Fpublic works director, fire chief and the
ef#ise-ehthe city manager and maintain a copy of said permit on file for review.
(Ord. No. 85-115, § 1, 11-19-85)
Sec. 26-94. Denial or revocation of permit.
(a) It is the policy of the City of Beaumont that the constitutional rights of citizens are
paFameuRtbe fully considered in determining the granting or denying of parade
permits; and that citizens' rights governing noncommercial parades are different
and superior to those governing commercial parades; !he AGAGGFAFA8FGiaI pa
it r
,
_tTherefore,
this-sitygeverAiAg, the chief of police er-his-desigr►ee-shall consider the following
in denying, revoking or modifying parade permits:
(1) If the information contained in the application for a parade permit is found
to be false or incomplete in any material aspect; or
(2) If the public peace, health, safety, or welfare will be endangered by the
conduct of the parade or that conduct of the same is reasonably likely to
engender a riot, civil disturbance, or other public calamity; or
(3) Permittee has conducted or is conducting a parade in violation of this
article or other applicable laws and ordinances affecting such activity; or
(4) If the permittee fails to obey any lawful order of the chief of police, fire
chief, fiF9 mamhalor their respective designees, respecting the conduct
of the parade, or any term or condition to which the approval of the
parade permit is made subject; or
(5) If the parade fails to commence within thirty (30) minutes of the appointed
time for commencement; or
(6) If the conduct of the parade at the time and place or in the manner
proposed will substantially disrupt the safe and orderly movement of
traffic contiguous to the parade route; or
(7) The parade will require diversion of so great a number of police officers
that the provision of adequate police service to the remainder of the city
will be rendered impossible; or
(8) If the concentration of persons, animals, and vehicles at points of
assembly and disassembly is reasonably likely to interfere with the
provisions of adequate fire, police, and other emergency services to other
parts of the city; or
(9) Conduct of the parade is reasonably likely to result in harm to persons or
property; or
(10) If emergency conditions or other exigent circumstances then existing
within the city require that the public streets remain open to the free and
unencumbered transportation of emergency crews, equipment and
materials.
(b) In the event of denial or revocation hereunder, the chief of police OF his-designee
shall provide, at the time of denial or revocation, such oral or written notice of
denial or revocation that is feasible under the circumstances then existing and, in
addition, within ene—three days thereafter, shall provide written notice to the
permittee or applicant setting forth the specific reasons forming the basis for
denial or revocation. Such written notice shall be sudioruient of same W Ma
available ie peFmitlee at a G1960gRaled plaGe !Fom 8-90 a.m. !9 6*:QQ p.m. eaGh day
of the iveek and a shall be mailed to th_permittee or applicant-at-�
(Ord. No. 85-115, § 1, 11-19-85)
Sec. 26-95. Appeal procedure; final decision.
(a) Any applicant may appeal the decision of the chief of police 9F his-designee-to
the city council. Such appeal may be accomplished by requesting the city
manager, or whoever is acting in his place, to place such appeal upon the
agenda of the next available regular council meeting. This shall be done so long
as it does not have to be placed on such agenda as an emergency item. If
circumstances prevent such appeal from being considered by the city council,
then such appeal shall be considered by the city manager, his or
whoever is acting in his place. The decision hereby rendered shall be final. If a
decision is not rendered prior to three (3) full days before the commencement of
the parade, such failure to act shall conclusively be presumed an approval of the
decision of the chief of police. The lack of a decision shall be conclusively
presumed an approval of the decision of the chief of police. In the absence of an
appeal made in accordance with the procedures above described, the decision of
the chief of police shall be final.
(b) An appeal from the decision of the chief of police OF include a
copy of the application for a permit and a statement of the action complained of.
It shall be delivered to the office of the city manager together with applicant's
request for an appeal. Such appeal shall not be considered as requested or filed
without such material.
(Ord. No. 85-115, § 1, 11-19-85)
Sec. 26-96. Interference with parade; driving through parade; parking on
parade route.
(a) It shall be unlawful for any person to obstruct, impede, or interfere in any form or
manner with the progress of any parade or the persons, vehicles or animals
comprising the parade from the point of commencement to the point of
disassembly.
(b) It shall be unlawful for any person to drive through or between the persons,
vehicles, or animals comprising a parade from the point of commencement to the
point of disassembly.
(c) It shall be unlawful to park any vehicle along a public street constituting a portion
of the parade route and conspicuously marked as such; in this connection, the
chief of police and the ublic works director are authorized to
prohibit or restrict the parking of vehicles as needed along the parade route and
to cause the route to be conspicuously marked as such.
(d) It shall be a defense to prosecution under the preceding subpart that the place
where the vehicle was parked was not conspicuously designated as a parade
route at the time of parking.
(e) This section shall not apply to any member of the Beaumont Police or Fire
Departments acting in the course and scope of their duties in monitoring,
regulating and policing parade activity or otherwise.
(Ord. No. 85-115, § 1, 11-19-85)
Sec. 26-97. Permit fees; commercial parades; reimbursement of costs.
(a) No permit fee shall be charged for the issuance of a permit for any parade other
than a commercial parade as defined herein.
(b) An application for a permit to conduct a commercial parade shall be
accompanied by a nonrefundable permit fee of five hundred dollars ($500.00) to
reimburse the city for ffelisi ig-administrative and cleanup costs incurred as a
result of the conduct of such parade.
(Ord. No. 85-115, § 1, 11-19-85; Ord. No. 86-112, § 1, 11-4-86)
Sec. 26-98. Enforcement.
(a) Any person conducting, commencing, aiding or engaging in a parade without a
parade permit, or otherwise violating any provision of this article, is guilty of a
misdemeanor and, upon conviction, shall be punished by a fine of not less than
one hundred dollars ($100.00) nor more than 4%,G—five hundred dollars
($;500.00).
(b) The chief of police, his authorized designee, any officer of the Beaumont Police
Department, and the fire maFshal hief or his authorized designee are hereby
authorized to issue summons and citations, as applicable, for violations of this
article.
(c) Anyone involved in or participating in a parade without first receiving a permit as
outlined herein or after being directed to cease and desist and informed that the
parade is unlawful because it is without a permit shall individually be in violation
of this article, shall be guilty of a misdemeanor and, upon conviction, shall be
fined not less than one hundred dollars ($100.00) nor more than Uwe-five hundred
dollars ($2500.00).
(d) This section shall not apply to members of the police, fire, or public works
departments in processing any parade permit application.
(Ord. No. 85-115, § 1, 11-19-85)
Seem. 26-99. On-GupanGy of the public Fight-of-way by pFivately-owned bus
bewshe�
The City of Beaumont acting by and thFOUgh itS City FRaRaq9F as heFeby auther-azed
speG R&
3
June 19, 2007
Consider authorizing the City Manager to execute a service agreement for providing water and
sanitary sewer for a 220 acre proposed development located outside the city limits on Knauth
Road in Port Arthur
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director
MEETING DATE: June 19, 2007
AGENDA MEMO DATE: June 13, 2007
REQUESTED ACTION: Council approval of a resolution authorizing the City Manager
to execute a service agreement for providing water and
sanitary sewer for a 220 acre proposed development located
outside the city limits on Knauth Road in Port Arthur.
RECOMMENDATION
Administration recommends approval of an agreement with Roy Breaux Properties, Port Arthur,
Texas, to provide water and sanitary sewer services for a 220 acre proposed development located
outside the city limits on Knauth Road in Port Arthur. The property is partially bounded by Knauth
Road to the south and extends between West Port Arthur Road and Hebert Road to the west.
BACKGROUND
The 220 acre proposed development is located in the Port Arthur service area with 217 acres located
in the Beaumont Independent School District. The City of Port Arthur's water and sanitary sewer
facilities are located 2.68 miles from the development and it is not cost effective to extend the water
and sanitary sewer infrastructure to serve the property. Based on this information,the City of Port
Arthur granted the City of Beaumont permission to serve the development. Phase I of the project
will construct approximately 384 lots that will benefit the housing shortage in the area and contribute
to the economical growth. Phase II of the project includes 32 acres of commercial development. The
City of Beaumont's facilities are located 0.38 miles from the site and the water and wastewater
treatment capacities are available.
This Project is recommended for approval by the City Manager and the Water Utilities Director.
BUDGETARY IMPACT
The City of Beaumont will not participate in any construction costs and will only provide the services
after the construction by Roy Breaux Properties is completed. The projected yearly revenue to the
Water Department from Phase I is approximately $276,480.
SAMPLE
WATER and WASTEWATER SERVICE AGREEMENT
This Agreement may be modified to meet the requirements of the development
• City of Beaumont
IL
SERVICE AGREEMENT CONTRACT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
CITY OF BEAUMONT §
CONTRACT BETWEEN
City of Beaumont ■ Customer
WHEREAS, Customer, doing business in the State of Texas (herein "Owner"), and the
City of Beaumont, a municipal corporation of the State of Texas (herein "City") entered into
• a Contract on , for the City to provide potable drinking water services and provisions
of sanitary sewer services to Customer.
WHEREAS,the City and Customer desire to adopt a Service Agreement Contract for the
provision of potable drinking water services and sanitary sewer services to Customer and agree as
follows:
WITNESSETH
I
Customer agrees to purchase and install all water and sanitary sewer pipes with all related
appurtenances according to the City's standards and specifications, free of charge to the City.
II
The City shall maintain the water and sanitary sewer infrastructure after the installation is
• completed by the owner.
City of Beaumont 1350 1 angham Road
Water Utilities Department Page I of 6 Beaumont,Texas 77707
III
Customer agrees to install and maintain a UL approved RPZ (reduced pressure zone)
backflow prevention device at the City limits if required by the Water Utilities Department. The
RPZ must be installed according to the requirements in City Ordinance 01-032, Section 28-57.12.
The assembly must be tested upon installation and annually by a certified tester.
IV
Customer agrees to comply with applicable City Code of Ordinances including the
following restrictions and unacceptable practices prohibited by State regulations:
1. No direct connection between the public drinking water supply and a potential source of
contamination is permitted. Potential sources of contamination shall be isolated from the
public drinking water supply by an air-gap or a reduced pressure-zone backflow prevention
• device.
2. No cross-connection between the public drinking water supply and a private water system
is permitted. These potential threats to the public drinking water supply shall be eliminated
at the service connection by the installation of an air-gap or an approved backflow
prevention device.
3. No connection which allows water to be returned to the public drinking water supply is
permitted.
4. No pipe or pipe fitting which contains more than 8.0%lead may be used for the installation
or repair of plumbing at any connection which provides water for human use.
5. No solder or flux which contains more than 0.2% lead shall be used for installation or
repair of any water supply which provides water for human use.
City of Beaumont 1350 langham Road
Water Utilities Department Page 2 of 6 Beaumont,Texas 77707
V
• The Water Utilities Department will maintain a copy of this Contract as long as the Customer
and/or the premises are connected to the Water Utilities Department. Additional requirements are listed
below:
1. Customer shall have their property inspected for possible cross-connections and other potential
contamination hazards. These inspections shall be conducted by a qualified inspector acceptable
to the Water Utilities Department annually,or when there is reason to believe the cross-connection
or other potential contamination hazards exist due to changes to the private water distribution
facilities.
2. Customer shall notify the Water Utilities Department in writing of any cross-connection or other
potential contamination hazard which has been identified during the initial inspection or the
annual reinspection.
• 3. Customer shall immediately remove or adequately isolate any potential cross-connections or
other potential contamination hazards on their premises.
4. Customer shall, at their expense, properly install, test annually, and maintain any backflow
prevention device required by the Water Utilities Department. Copies of all testing and
maintenance records shall be provided to the Water Utilities Department by July 30 of each year
or date of annual testing schedule.
VI
The City will provide annually the Consumer Confidence Report for the Customer. In the event
of a change in treatment or distribution such as utilizing treated water other than City supply, Customer
agrees to promptly report to the City. This is to include any violations of chlorine and/or coliform
monitoring.
City of Beaumont 1350 Langham Road
Water Utilities Department Page 3 of 6 Beaumont,Texas 77707
VII
• Customer is authorized to use a maximum of gallons per hour on a daily average
or gallons per day.
VIII
Customer agrees to pay to the City all charges for water and sanitary sewer services
within thirty(30) days from date of statement from the City. In the event of failure of Customer
to so pay said charges, City shall have the right, upon thirty(30)days written notice to Customer,
to refuse to provide potable water service and sanitary sewer service to Customer.
IX
Customer will pay the same rate for water and sewer services as established from time-to-time
by the City Council for outside the City of Beaumont. The event said rates are altered or amended by City
Ordinance, Customer agrees to pay said amended rates.
• X
Customer agrees to:
1. Adopt a resolution or take some other official action agreeing to the terms and conditions of this
Contract,
2. Adopt a resolution or take some other official action ratifying, affirming and accepting the
benefits and agreeing to the terms, conditions and requirements of this Contract; and
3. Enter into such other or additional contracts or agreements as may be reasonably required to carry
out the purpose and intent of this Contract.
XI
This Contract shall be for a period of 12 months from and after the date of execution.
XII
• No commercial development should tie to the water and/or sanitary sewer system without the
approval of the Water Utilities Department.
City of Beaumont 1350"ngham Road
Water Utilities Department Page 4 of 6 Beaumont,Texas 77707
X1I1
• Customer may, from time-to-time, convey or assign this Contract with respect to all or any part
of the land contained within Customer's property boundaries, and the assignee or assignees shall be
bound by this Contract. Upon prior approval by the City Council,of the assignee or assignees,and only upon
the condition that the assignee or assignees assume the liabilities,responsibilities and obligations under this
Contract with respect to the land involved in the assignment or assignments,or as maybe otherwise approved
by the City Council.
In connection with this Contract, official addresses for notification shall be:
A. Hani J. Tohme, Director
City of Beaumont / Water Utilities Department
1350 Langham Road
Beaumont, Texas 77707
B. Customer
•
Any changes in said addresses may be made by notifying the other parties by certified mail of the
new or changed contact person and/or address.
X1V
This Service Agreement represents the entire and integrated Contract between the City of
Beaumont and Customer and supersedes all prior negotiation,representatives,or agreements,either
oral or written. This Contract may be amended only by written instrument signed by both the City
of Beaumont's City Manager and Customer.
City of Beaumont 1350 Langham Road
Water Utilities Department Page 5 of 6 Beaumont,Texas 77707
I
IN WITNESS WHEREOF,the City of Beaumont Water Utilities Department has lawfully
• caused these presents to be executed by the hand of the Water Utilities Department Director of said
City, and the municipal corporate seal of said City to be hereunto affixed, and the said Customer,
, acting by hand of the President and/or Manager whereunto Authorized
Representative, does now sign, execute and deliver this document.
Executed in duplicate originals at Beaumont, Texas, on this day of A.D., 2006.
Customer CITY OF BEAUMONT
By: By
(PRINT) Authorized Representative Date Kyle Hayes, City Manager Date
By:
Signature of Authorized Representative Date
Attest: Attest:
• Date Date
STATE OF TEXAS §
COUNTY OF JEFFERSON §
CITY OF BEAUMONT §
BEFORE ME,the undersigned,a Notary Public in and for the said county and state,on this day personally
appeared known to me to be the person and officer whose name is subscribed to the foregoing
instruction, and acknowledged to me that the same was the act of the said Customer, and that he executed the same
as the act of such company for the purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , A.D. 2006.
Notary Public
My Commission Expires:
•
:B-AGREEMENTS-Water and Wasteµater Service Agreement-Blank 061607
City of Beaumont 1350 Langham Road
Water Utilities Department Page 6 of 6 Beaumont,Texas 77707
• J Yr
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Port Sewer
Beaumont Service Area Boundary
City of Beaumont Water
City of •nt Sanitary Sewer I
Beaumont
Proposed Development
I�
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a service agreement
with Roy Breaux Properties, Port Arthur, Texas, to provide water and sanitary sewer
services for a 220 acre development outside Beaumont city limits on Knauth Road in Port
Arthur, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
June, 2007.
- Mayor Becky Ames -
4
June 19, 2007
Consider approving a bid for asbestos abatement and demolition of 805 and 855 Crockett Street
City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer
MEETING DATE: June 19, 2007
AGENDA MEMO DATE: June 14, 2007
REQUESTED ACTION: Council consider approving the award of a bid for asbestos
� Q pp
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abatement and demolition of 805 and 855 Crockett Street.
RECOMMENDATION
Administration recommends the award of a bid for furnishing all labor, equipment, materials and
supplies necessary to remove asbestos containing materials, demolish the buildings, and grade and
level the sites. The low bid, submitted by Inland Environments, Ltd. of Port Arthur, in the amount
of$88,727 is recommended for award.
BACKGROUND
The buildings to be abated and demolished were declared dangerous structures and condemned by
City Council on December 5, 2006, by Ordinance 06-079.
The bids received on June 14, 2007 are as follows:
Contractor Bid Completion Time
Inland Environments, Ltd. $ 88,727 40 calendar days
Pt. Arthur, TX
K-T Construction $166,000 40 calendar days
Beaumont, TX
Work is expected to commence by August 1,2007 and be completed within forty(40)days.All work
will be conducted by Inland Environments, Ltd., therefore, no work will be subcontracted.
BUDGETARY IMPACT
Funds are available for this expenditure in the FY 2007 General Fund Budget.
RESOLUTION NO.
WHEREAS, buildings located at 805 and 855 Crockett Street were declared
dangerous structures by City Council on December 5, 2006, by Ordinance 06-079; and,
WHEREAS, bids were received for furnishing all labor, equipment, materials and
supplies necessary to remove asbestos containing materials, demolish the buildings, and
grade and level the sites at 805 and 855 Crockett Street; and,
WHEREAS, Inland Environments, Ltd, PortArthur,Texas,submitted a low bid in the
amount of $88,727; and,
WHEREAS, City Council is of the opinion that the bid submitted by Inland
Environments, Ltd. of Port Arthur, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Inland Environments, Ltd, Port Arthur, Texas, for furnishing all
labor, equipment, materials and supplies necessary to remove asbestos containing
materials, demolish the buildings, and grade and level the sites at 805 and 855 Crockett
Street in the amount of$88,727 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
June, 2007.
- Mayor Becky Ames -
5
June 19, 2007
Consider authorizing a contract for the Hayes Gully Drainage Improvement Project and
approving Change Order No. 1
City Council Agenda Item
MIMPIM&MRS13 MTK
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: June 19, 2007
AGENDA MEMO DATE: June 8, 2007
REQUESTED ACTION: Council consider a resolution authorizing the award of a
contract for the Hayes Gully Drainage Improvement Project
and approving Change Order No. 1.
RECOMMENDATION
Administration recommends approval and execution of a contract with Excavators and Constructors,
LTD in the amount of $3,668,172.00 for Hayes Gully Drainage Improvements and approval of
Change Order No. 1 in the amount of$1,207,331.90 reducing the contract amount to$2,460,840.10.
BACKGROUND
On May 10, 2007, the City of Beaumont received three (3) bids for the Hayes Gully Drainage
Improvement Project. The lowest bid was submitted by Excavators and Constructors, LTD in the
amount of$3,668,172.00. A copy of the Bid Tabulation is attached. This bid exceeded the amount
of funds budgeted for the project. The City and the Contractor agreed that a portion of the work
totaling $1,207,331.90 would be removed from the contract through Change Order No. 1. This
reduces the contract amount to $2,460,840.10 as shown in Change Order No. 1. The work removed
from the contract will be jointly constructed by the City and Jefferson County Drainage District No.
6 (DD#6).
DD#6 has agreed to install the box culverts, as provided by the City, at the seven(7)road crossings
that were removed from the contract. The following is a list of the locations:
Lucas Street Taylor Street Tyler Street
Wilson Street Fillmore Street Pierce Street
Buchanan Street
The City will backfill and resurface the roadways after DD#6 completes the installation of the box
culverts at the road crossings. The estimated material cost of these seven(7) crossings is $280,000.
MBE participation in the performance of the contract will be met by subcontracting with the certified
MBE firms of Crabtree Barricade System, Inc.; American Remediation Option, Inc.; L.D.
Construction;Rural Pipe and Supply,Inc.;and W&S Mire Trucking for a total amount of$505,000
which represents 21 percent of the adjusted contract amount. A copy of Schedule C is attached.
BUDGETARY IMPACT
The City budgeted $2,790,000 in the Capital Program to fund this project which is a joint
participation project with the Texas Water Development Board (TWDB), DD#6 and the City of
Beaumont. The City's portion is 25 percent (approximately $697,500) of the total estimated
construction cost with the remaining funds being contributed by the TWDB.
HayesGullyDrainagePrnject
06/08/2007
CITY OF BEAUMONT
DATE: June 7,2007
PROJECT: Hayes Gully Drainage Improvement Project
OWNER: City of Beaumont
CONTRACTOR: Excavators and Constructors,LTD
CHANGE ORDER NO. 1
1�^ �fii� NE:PI.,�S�1Y� CII�,C�i()1VS.A.RE HI4�iF$Y,-.M�I2E:
Delete all construction items from the contract outlined below:
Project Location Total/Amount
Lucas Cross Structure $152,076.40
Tyler Cross Structure $210,819.20
Taylor Cross Structure $104,587.84
Wilson Cross Structure $ 80,217.85
Fillmore Cross Structure S 94,930.00
Pierce Cross Structure $135,504.50
Buchanan Cross Structure $140,046.50
Fillmore Drainage Roadway $289,149.40
Total $1,207,331.90
ORIGINAL CONTRACT AMOUNT: $3.668.172.00
NET FROM CHANGE ORDER NO.1 $3.668.172.00
TOTAL.AMOUNT OF THIS CHANGE ORDER: $1.207.331.90
PERCENT OF THIS CHANGE ORDER: S 32.9%
TOTAL PERCENT CHANGE TO DATE: $ 32.9%
NEW CONTRACT AMOUNT: S 2.460.840.10
ACCEPTED BY:
CONTRACTOR
APPROVED BY:
JORIS P.COLBERT,CITY ENGINEER
TOM WARNER,DIRECTOR OF PUBLIC WORKS
KYLE HAYES,CMWANAGER
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RESOLUTION NO.
WHEREAS, bids were received for the Hayes Gully Drainage Improvement Project;
and,
WHEREAS, Excavators and Constructors, LTD,submitted the low bid in the amount
of $3,668,172; and,
WHEREAS, such bid amount exceeded the amount of funds budgeted for this
project; and,
WHEREAS, Change Order No. 1 is required to remove a portion of the work in the
amount of$1,207,331.90,thereby decreasing the amountto$2,460,840.10,which is within
the amount budgeted for this project; and,
WHEREAS, City Council is of the opinion that the bid submitted by Excavators and
Constructors, LTD should be accepted along with the Change Order.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
That the bid submitted by Excavators and Constructors, LTD for the Hayes Gully Drainage
Improvement Project in the amount of$3,668,172,with Change Order No. 1 in the amount
of $1,207,331.90 decreasing the contract amount to $2,460,840.10, be accepted by the
City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
June, 2007.
- Mayor Becky Ames -
6
June 19, 2007
Consider approving a bid for roof replacement at the Jefferson Theatre
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: June 19, 2007
AGENDA MEMO DATE: June 14, 2007
REQUESTED ACTION: Council approval of the award of a bid for roof replacement at
the Jefferson Theatre.
RECOMMENDATION
Administration recommends the award of a bid to Williams Concrete dba Goodwin Roof of Center,
Texas for the replacement of the roof at the Jefferson Theatre in the amount of$87,570 plus$2.50
per square foot for wood deck replacement.
BACKGROUND
Bids were received on May 3,2007 for furnishing all labor,equipment,materials and supervision for
the replacement of the roof at the Jefferson Theatre. The roof was damaged by Hurricane Rita prior
to the City assuming management of the building. After the storm, repairs were made under the
direction of the Jefferson Theatre Preservation Society's insurance company, Ohio Casualty. The
repairs were not successful and roof failures continued to cause additional leaks.
Upon assuming management of the Theatre,a roofing consultant was hired to evaluate the roof. An
infrared study was done to determine soft and wet materials below the roof membrane. The test
indicated extensive rooffailure. The Jefferson Theatre Preservation Society's insurance company was
contacted and after they reviewed the study agreed that there were additional failures in the roof as
the result of the damage sustained from Hurricane Rita.
Specifications were developed and prices were requested for repairing only damaged areas and for
replacement of the entire roof. Replacement of the entire roof is in the City's best interest as there
are additional failures in the roof that were not the result of the damage from Hurricane Rita. In
addition, a new roof will be windstorm certified, whereas a roof repair would not meet the wind
requirements for certification.
Four bids were received and are as per the attached tabulation. Based on the costs, the low bid
submitted by Goodwin in the amount of$87,570 for replacement ofthe roof with a new R-19 energy
Jefferson Theatre Roof
June 14, 2007
Page 2
rated insulated roof with a US Ply 5 ply roof system and a 20 year No Dollar Limit(NDL)warranty
is recommended. Unit prices for wood deck repair per square foot will be in addition to the base
price for the roof replacement. The additional costs are unknown until the existing roof is removed
and wood deck damage is determined.
Goodwin is not a certified Minority Business Enterprise(MBE) company.
BUDGETARY IMPACT
Ohio Casualty will be responsible for reimbursing the City$44,375 plus additional costs if unforseen
damage is discovered. The balance will be funded by the Capital Reserve Fund.
BID TABULATION: JEFFERSON THEATER ROOF REPAIR
BID OPENING DATE: THURSDAY, MAY 3, 2007 @ 2:00 PM
BID NUMBER: CP0307-07
Williams Concrete dba
endor Goodwin Roof Liberty County Roofing rexas Liquatech Service Con-Tex Services
C /State Center TX Hardin TX Houston TX Houston, TX
R d.tail T . Roof section $31,395.00 $48,500.00 $39,900.00 $47,500.00
Walk Pads $3,260.00 $3,000.00 $1,350.00 $1 950.00
Remove e)dstinp mm§W system from parapet wall
kwW new nx d fed wall system Q Root A&
B $12,980.00 $4.800.00 $18,750.00 22,800.00
Dint,patch,waterproof adstinp brick well between
Roof A and Roof B with Seal Krobs W oofer $3,800.00 $11,270.00 $11,000.00 $13.600.00
Point,patch,waterproof Wdatinp chk"My stack Q
roof e with sal krete $680.00 095.00 $800.00 $795.00
y deoorative wwrea (prime&ftmh
P Northeast and naft eat comer $1,800.00 $1,000.00 $365.00 $600.00
Metal work $4,826.00 $§,870.00 $9150.00 $13 200.00
l BASE PRICE $58,730.00 $80L535.00 $81,315.00 $100,345.00
UNIT PRICE
Wood deck repair $2.60/s $6.50/s $6.00/s $7.00/s
Remove and repair W typiral roof section $6.50/s $11.83/s $7.53/s $9.00/s
Calendar days 60 90 30 100
ALTERNATE BID:
Cost for 15 year NDL(no dollar Iimit warranty)if a
overisy is a�P� $1,500.00 $116,215.00 500.00 add to base bid $750.00
Cost te remave and instalf a new R-191nsulated mol
with a US Ply 5 Pty roof system and a 20 year NDL
Warranty $87,570.00 $164,250. $149,500.00 $70,000.00
$27,100.00 add to bas
Completely overlay per Typ. Roof Section(Type 1) $74,970.00 $103,915.00 bi $35 000.00
RESOLUTION NO.
WHEREAS, bids were received to replace the roof of the Jefferson Theatre; and,
WHEREAS, Williams Concrete dba Goodwin Roof of Center, Texas, submitted the
low bid in the amount of$87,570, plus $2.50 per square foot for wood deck replacement;
and,
WHEREAS, City Council is of the opinion that the bid submitted by Williams
Concrete dba Goodwin Roof of Center, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Williams Concrete dba Goodwin Roof of Center, Texas, for the
replacement of the roof at Jefferson Theatre in the amount of $87,570, plus $2.50 per
square foot for wood deck replacement, be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
June, 2007.
- Mayor Becky Ames -
7
June 19, 2007
PUBLIC HEARING: Receive comments related to a proposal to establish a Reinvestment Zone
for an area south of Lamar University and east of Highway 347
Consider approving an ordinance establishing a Reinvestment Zone for the purpose of offering
economic incentives
City Council Agenda Item
IL
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: June 19, 2007
AGENDA MEMO DATE: June 13, 2007
REQUESTED ACTION: Council conduct a public hearing to receive comments on the
proposal to establish a Reinvestment Zone and approve an
ordinance establishing a Reinvestment Zone for the purpose of
offering economic incentives.
RECOMMENDATION
Administration recommends Council approve an ordinance establishing a Reinvestment Zone for
the purpose of offering economic incentives.
BACKGROUND
Texas law allows cities to offer a variety of economic incentives for development and redevelopment.
Such incentives allow Beaumont to be competitive in attracting new development as well as
encouraging the expansion of existing industries. One important incentive that a city can offer is a
tax abatement, or the foregoing of taxes in exchange for substantial capital investment and job
creation.
By Texas law,governmental entities wishing to offer tax abatements must do so in accordance with
an adopted Tax Abatement Policy and the abatement must occur within an established Reinvestment
Zone. The City's Tax Abatement Policy was last approved in April, 2006 and is in effect until April,
2008.
The City and Jefferson County believe the area south of Lamar University and east of Highway 347
is very attractive for future developments based on land availability,highway frontage and proximity
to the Neches River. The creation of a Reinvestment Zone would allow the City, Beaumont ISD and
Jefferson County to provide possible tax abatements if in fact this area develops. This proposed
ordinance would establish the required Reinvestment Zone.
c
r
ORDINANCE NO
ENTITLED AN ORDINANCE DESIGNATING AN AREA AS A
REINVESTMENT ZONE PURSUANT TO THE TEXAS
REDEVELOPMENT AND TAX ABATEMENT ACT (TEXAS TAX
CODE, CHAPTER 312); PROVIDING TAX INCENTIVES; AND
DESIGNATING A LIAISON TO ACT ON ALL MATTERS
PERTAINING TO THE REINVESTMENT ZONE; PROVIDING FOR
SEVERABILITYL; AND PROVIDING FOR REPEAL
WHEREAS, the City of Beaumont endeavors to create the proper
economic and social environment to induce the investment of private resources
in productive business enterprises located in areas of the City; and,
WHEREAS, to further this purpose, it is in the best interest of the City to
designate an area as a reinvestment zone pursuant to the Texas Redevelopment
and Tax Abatement Act Texas Tax Code Chapter 312
P )
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
That the City Council hereby designates the area set forth in Exhibit A,
attached hereto and incorporated for all purposes, as a reinvestment zone
(herein referred to as the "zone").
Section 2.
That the City Council finds that the zone meets the criteria contained in
the Texas Redevelopment and Tax Abatement Act (Texas Tax Code, Chapter
312).
Section 3.
That the City Council finds that the designation of the reinvestment zone
would contribute to retention or expansion of primary employment in the area
and/or would contribute to the attraction of major investments that would be a
benefit to the property and would contribute to the economic development of the
municipality.
Section 4.
That the City Council may provide certain tax incentives applicable to
business enterprises in the zone, which are not applicable throughout the city, as
allowed for in the Act.
Section 5.
That the City Council has established certain guidelines and criteria
governing tax abatement agreements and is therefore eligible to participate in tax
abatement.
Section 6.
That the City Council directs and designates the City Manager as the
City's authorized representative to act in all matters pertaining to the designation
of the area described herein as a reinvestment zone.
Section 7.
That a public hearing to consider this ordinance was held by the City
Council on June 12, 2007.
Section 8.
That this ordinance shall take effect from and after its passage as
the law and charter provide.
Section 9
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 10.
That all ordinances or parts of ordinances in conflict herewith are
repealed to the extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the
day of 12007.
- Mayor Becky Ames -
"EXHIBIT A"
GENERAL DESCRIPTION OF BEAUMONT'S
RE-INVESTMENT ZONE
STARTING from a point at the intersection of the centerlines of the rights-of-way of Spindletop
Avenue and U.S. Hwy. 69(Port Arthur Road)and proceeding northeasterly along the centerline of
the right-of-way of Spindletop Avenue to a point on the north side of the Kansas City Southern RR
right-of-way then proceeding northwesterly along said KCS right-of-way to a point of first contact
with the Beaumont City Limits which said point also coincides with the common boundary line of
the South Line of the James W. Bulloch Survey and the North Line of the J.A. Vertch Survey Line
and is hereby designated a POINT OF BEGINNING;THENCE following the Beaumont City Limit
line in a northeasterly,then generally southeasterly,easterly, and finally in a southwesterly direction
until again contacting the northern right-of-way line of the KCS RR; THENCE continuing in the
same southwesterly direction until reaching the north service road right-of-way line of U.S. 69;
THENCE southeasterly along said U.S.69 service road right-of-way to the point of contact with the
north right-of-way line of State Hwy.347(Twin City Hwy.);THENCE southeasterly approximately
3,200 feet along said Hwy. 347 right-of-way to a point of first contact with the Beaumont City Limit
line; THENCE following said city limit line in the same southeasterly direction for approximately
2,350 feet to that point where the Beaumont City limit line turns southwesterly but continuing
further for approximately 4,900 feet in the same direction along the north right-of-way line of State
Hwy. 347 to a point on the centerline of Dupont Road; THENCE turning and traveling
approximately 620 feet in a northeasterly direction until reaching a point on the north side of the
Kansas City Southern RR right-of-way; THENCE turning and traveling northwesterly for
approximately 4,675 feet along said KCS right-of-way to a point;THENCE making a 90 degree turn
to the right to go in a northeasterly direction until reaching the West bank of the Neches River and
continuing to the centerline of said river;THENCE going up river until reaching the Beaumont City
Limit line; THENCE following the Beaumont City Limit line upriver to the point where said city
limit line turns and again contacts the west bank of the Neches River;THENCE northerly along the
West bank of the Neches River to and then along the southern and western banks of an inlet to the
site of the former Texas Sulphur Terminal and a point on the centerline of an outfall canal bordering
the north side of said inlet at a distance of approximately 2,800 feet from the Neches River;
THENCE westerly and southwesterly for a distance of approximately 4,200 along the centerline of
said canal to a point approximately 7,000 feet from the Neches River;THENCE in a southwesterly
direction to make a perpendicular connection with the Beaumont City Limit line which extends
along the KCS RR right-of-way;THENCE southeasterly along said city limit line until reaching the
POINT-OF-BEGINNING.