HomeMy WebLinkAboutPACKET MAY 13 2008 RICH WITH OPPORTUNITY
BEA,UMON*
T - E • S - A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 13,20!08 1.30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve a contract for the purchase of traffic marking materials for use in the
Transportation Division
B) Authorize the City Manager to execute a one(1)year term lease and maintenance
agreement with the Jefferson Theatre Limited Partnership for the Jefferson Theatre
C) Approve a revision to the annual contract with Beaumont Products and Services, Inc.
D) Approve Change Order Numbers 1, 2 and 3 for additional work related to the installation
of a new air handler at City Hall
E) Approve Change Order Numbers 6, 7 and 8 for additional work at Dr. Martin Luther
King, Jr. Memorial Park
F) Authorize the City Manager to apply for and receive funding through the Target Law
Enforcement Grant Program
G) Authorize the City Manager to execute letters of understanding with resources that would
be needed in the event of a declared disaster
H) Authorize the execution of a License to Encroach Agreement for the installation of
underground fiber optics to serve offices at the Edison Building
I) Authorize the acceptance of a ten(10) foot wide water line easement providing access for
fire prevention services for Sienna Trails Apartments and the construction, alteration,
operation and maintenance of the said water line and appurtenances
J) Authorize the settlement of the claim of Doris Brown anf of Jonathan Brown, a Minor
A
RICH WITH OPPORTUNITY
BEA,IIMON*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager ( �
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: May 13, 2008
REQUESTED ACTION: Council consider approving annual contracts for the
purchase of traffic marking materials.
RECOMMENDATION
Administration recommends the award of annual contracts to various vendors which are included
in the attached bid tabulation.
BACKGROUND
Sealed bids were received for annual contracts to purchase a variety of traffic marking materials
on an as needed basis by the Transportation Division of the Public Works Department. These
materials will be used in the maintenance and installation of traffic directional marking devices.
The specifications divide products into groups of similar items, such as vinyl reflective sheeting,
ceramic raised markers, pavement marking paint, sign posts, and sign blanks. Specifications
indicate that all sections of similar products are awarded to the lowest overall bidder per section
while a miscellaneous section is awarded to the lowest qualified bidder per item.
Contracts are recommended as follows:
Award of Contracts for Traffic Materials
May 13, 2008
Page 2
ITEMS VENDOR TOTAL
Section A-Misc. items Trantex, Inc. of Houston, TX $50,359
Section A-Misc. items Pathmark Traffic Products of 12,991
San Marcos, TX
Section A-Misc. items Allied Tube& Conduit Corp. 15,743
of Harey, IL.
Section B -Pavement Flint Trading, Inc. of 14,303
Arrows Thomasville, NC
Section C - Sign Blanks Custom Products Corp. of 21,654
Jackson, MS
Section D- Sheeting Pathmark Traffic Products of 32,970
San Marcos, TX
Section E - Sign Faces Hall Signs, Inc. of 11,047
Bloomington, IN
BUDGETARY IMPACT
Funds are available for these expenditures in the Public Works Transportation Division's
operating budget.
RESOLUTION NO.
WHEREAS, bids were solicited for the purchase of traffic marking materials for the
Public Works Department; and,
WHEREAS, the following vendors submitted bids as shown below and in the unit
amounts as shown on Exhibit"A"attached hereto and made a part hereof for all purposes:
ITEMS VENDOR TOTAL
Section A - Misc. items Trantex, Inc. of Houston, TX $50,359
Section A- Misc. items Pathmark Traffic Products of 12,991
San Marcos, TX
Section A - Misc. items Allied Tube & Conduit Corp. of 15,743
Harey, IL
Section B - Pavement Flint Trading, Inc. of 14,303
Arrows Thomasville, NC
Section C - Sign Blanks Custom Products Corp. of 21,654
Jackson, MS
Section D - Sheeting Pathmark Traffic Products of 32,970
San Marcos, TX
Section E - Sign Faces Hall Signs, Inc. of 11,047
Bloomington, IN
and,
WHEREAS, City Council is of the opinion that the bids submitted by the vendors in
the amounts shown above and in the unit amounts as shown on Exhibit "A" attached
hereto and made a part hereof for all purposes should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bids submitted by the vendors in the amounts shown above and in the unit
amounts as shown on Exhibit"A" attached hereto and made a part hereof for all purposes
be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of May,
2008.
- Mayor Becky Ames -
BID TABULATION: ANNUAL CONTRACT FOR TRAFFIC MARKING MATERIALS
BID OPENING DATE: THURSDAY,APRIL 17,2008 2 PM
BID NUMBER: SF0308-29
SECTION A Trantex,Inc. Swarco Reflex,Inc. Allied Tube&Conduit Corp. Pathmark Tralltc Products Ennis Paint Inc.
Houston,TX Mwda,TX Harvey,IL San Marco,TX Ennis,TX
Qty SECTION A Unit Total Unit Total Unit Total Unit Total Unit Total
750 2-318"OD x IT sign posts $29.45 $22,087.50 $0.00 $20.99 $15,742.50 $35.99 $26,992.50 $0.00
3000 Glass beads,per pound $0.372 $1,118.00 $0.3600 $1,060.00 $0.00 $0.369 $1,107.00 $0.43 $1,290.00
1100 Yellow Aexcel Gorrille paint,55 gal $14.79 $18,289.00 $0.00 $0.00 $15.98 $17,578.00 $0.00
1100 White Awwal Gorrilla point,W gal $14.89 $16,049.00 $0.00 $0.00 $15.90 $17,490.00 $0.00
50 Yellow Aexcel Gorrilla paint,5 gal $18.10 $755.00 $0.00 $0.00 $16.48 $824.00 $0.00
50 White Aexcel Gorrills paint,5 gal $14.90 $745.00 $0.00 $0.00 $16.40 $820.00 $0.00
300 White Awwel Gorilla Paint,Acrylic,S gal $18.29 $4,587.00 $0.00 $0.00 $16.32 $4,898.00 $0.00
200 Yellow Aexcel Gorilla Paint,Acrylic,5 gat $17.24 $3,448.00 $0.00 $0.00 $17.79 $3,558.00 $0.00
5000 Bitumen adhe"for button replacement $0.320 $1,800.00 $0.00 $0.00 $0.314 $1,570.00 $0.00
5000 314'crown yellow ceramic raised pavement m $0.33 $1,650.00 $0.00 $0.00 $0.438 $2,180.00 $0.00
5000 314'crown white ceramic:raised pavement m $0.31 $1,550.00 $0.00 $0.00 $0.438 $2,180.00 $0.00
5000 2-way yellow acrylic retl raised markers $0.88 $4,400.00 $0.00 $0.00 $0.884 $4,170.00 $0.95 $4,750.00
5000 1-way white acrylic refelective markers $0.85 $4,250.00 $0.00 $0.00 $0.918 $4,080.00 $0.95 $4,750.00
50 Part A&Part B epoxy adhe",2 pal kit $57.40 $2,870.00 $0.00 $0.00 $57.50 $2,875.00 $100.00 $5,000.00
200p Iced and White raMctNe pavement markers $0.89 $1,780.00 $0.00 $0.00 $0.888 $1,778.00 $0.95 $1,900.00
50 Yellow marking paint Onverted can),17 oz. $29.40 $1,470.00 $0.00 $0.00 $27.90 $1,395.00
50 White marking paint(Inverted can),17 oz. $28.40 $1,320.00 $0.00 $0.00 $27.90 $1,395.00 $0.00
TOTAL SECTION A. $851946.50 $1,080.00 $15,742.50 $94,888.50 $17,690.00
SECTION A Allstates Coatings Co. Custom Products
Gledewater,TX Jackson,MS
Qty SECTION A Unit Total Unit Total
750 2.318'OD x I Y sign posts $0.00 $0.00
3000 Glass beads,per pound $0.00 $0.00
1100 Yellow Asxcel Gorrllle paint,55 I $7.50 $8,380.00 $0.00
1100 White Aw"Gorrille paint,55 gal $7.50 $8,250.00 $0.00
50 Yellow Aexcel Gorrille paint,5 gal $8.00 $400.00 $0.00
50 White Aexcel Gorrins paint,5 9W $8.00 $400.00 $0.00
300 White Aexoel Gorilla Paint,Acrylic,5 gal $0,00 $0.00
200 Yellow Asxcel Gorilla Paint,Acrylic,5 gal $0.00 $0.00
5000 Bitumen adhesive for button replacement $0.00 $0.00
5000 131,C crown yellow owsmlo raised markers $0.00 $0.00 k
5000 314'crown white ceremlo raised markers $0,00 $0.00
WW 2-way yellow acrylic roll raised markers $0.00 $1,15 $5,750.00 =
5000 1-way white acrylic retelective markers $0.00 $1.15 $5.750.00
50 Part A&Part B epoxy adhesive,2 pal kit $0.00 $0.00
--1
2000 Red and White reflective pavement marks s $0.00 $1.15 $2,300.00 D
50 Yellow marking paint(inverted can),17 oz. $0.00 $0.00
50 White marking paint(Inverted can),17 oz. $0.00 $0.00
TOTAL SECTION A: $17,410.00 $13,800.00
BID TABULATION: ANNUAL CONTRACT FOR TRAFFIC MARKING MATERIALS
BID OPENING DATE: THURSDAY,APRIL 17,2008 2 PM
BID NUMBER: SF0308-29
SECTION B Trantex,Inc. Flint Trading,Inc.
Houston,TX Thomasville,NC
Qty SECTION B Unit Total Unit Total
30 Left pavement arrows,V $92.50 $2,775.00 $81.70 $2,451.00
30 Right pavement arrows,V $92.50 $2,775.00 $81.70 $2,451.00
60 ONLY',v $120.00 $7,200.00 $118.94 $7,018.40
20 12'x XY $98.00 $1,920.00 $83.27 $1,885.40
10 Elonghed straight arrow,12 $80.00 $800.00 $71.92 $719.20
TOTAL SECTION B: $15,470.00 $14,303.00
SECTION C Pathmark traffic Products Hall Signs,Inc. Custom Products Corp.
San Marcos,TX Bloomington,IN Jackson,MS
Qty SECTION C Unit Total Unit Total Unit Total
50 24'X 48'anodized aluminum sign blank $23.88 $1,184.00 $22.24 $1,112.00 $20.25 $1,012.50
100 8'X 38'anodized aluminum sign blank $8.39 $839.00 $8.23 $823.00 $8.80 $860.00
100 18'X 18'anodized aluminum sign blank $7.59 $759.00 $8.38 $0311.00 $5,81 $581.00
200 24'X 24'anodized aluminum sign blank $11.94 $2,388.00 $11.09 $2,218.00 $10.16 $2,032.00
100 30'X 30'anodbod aluminum sign blank $18.25 $1,825.00 $17.28 $1,728.00 $15.81 $1.581.00
SO I 18'X 48'anodized aluminum sign blank $19.40 $970100 $14.99 $749.50 $13.96 1 $898.00
150 24'X 30'anodized aluminum sign blank $14.74 $2,211.00 $13.78 $2,084.00 $12.64 $1,898.00
300 8'X 24'anodized aluminum sign blank $6.99 $1,797.00 $5.47 $1,841.00 $5.83 $1,749.00
150 8'X 30'snodhnd aluminum sign blank $7.39 $1,108.50 $8.85 $1,027.50 $7.28 $1,092.00
25 r X 12'anodized aluminum sign blank $2.79 1 $89.75 $1.47 $38.75 $1.40 $35.00
100 r X 18'anodized aluminum sign blank $3.24 $324.00 $2.13 $213.00 $2.12 $212.00
100 18'X 24'anodized aluminum sign blank $8.93 803.00 $8.38 $838.00 $7.81 $781.00
100 I 1 Y X 18'anodized aluminum sign blank $40 $496.00 $4.23 $423.00 $3,91 1 $391.00
25 30'anodized aluminum sign blank triangle $9.72 $243.00 $8.51 $212.75 $8.41 $210.25
50 30'X 30'anodized al sign blank pentagon $15157 $778.50 $15.44 $772100 $14,64 $7$2.00
25 12'X 48'anodised aluminum sign blank $12.99 1 $324.75 $11.24 $281.00 $10.56 $264.00
15 18'X 48'anodized aluminum sign blank $22.90 $343.50 $16.87 $253.05 $15.17 $227.55
75 9'X 1Y anodized aluminum sign blank $2.99 $224.25 $2.17 $162.75 $2.12 $159.00
15 12'X 30'snodized aluminum sign blank $8.99 $134.85 $7.03 $105.45 $8.57 $98.55
100 1 Y X 38'anodized aluminum blank $8.99 $09.00 $8.27 $827.00 $7.61 $781.00
25 30'X 38'anodized aluminum sign blank $27.62 $00.50 $20.62 $515.50 $18.98 $474.50
50 36'X 38'square anodized al sign blank $28.40 $1,420.00 $24.84 $1,232.00 $22.79 $1,139.50
100 30'octagon anodised aluminum sign blank WAR $11019.00 $15.56 $1,556.00 $14.64 $1,484.00
50 48'X 36'anodized aluminum sign blank $34.59 $1,729.50 $32.93 $1,648.50 $30.28 $1,514.00
50 38'anodized alumiumum sign blank triangle $13.40 $870.00 $12.11 $605.50 $12.11 $805.50
25 38'circular anodized aluminum sign blank $26.81 $670.25 $25.26 1 $631.50 $21.15 $528.75
25 30'X 42'anodized aluminum sign blank $30.99 $774.75 $24.80 $615.00 $23.01 $575.25
TOTAL SECTION C: 1 1 $25,488.10 $22,923.75 1 1 $2104.35
SECTION C TO BE AWARDED ON AN ALL OR NONE BASIS. CONTRACT AWARDED ALL TO ONE VENDOR
BID TABULATION: ANNUAL CONTRACT FOR TRAFFIC MARKING MATERIALS
BID OPENING DATE: THURSDAY,APRIL 17,2008 2 PM
BID NUMBER: SF0308-29
SECTION D - AS BID Pathmark Traffic Products Custom Products
San Marcos,TX Jackson,MS
Qty SECTION D Unit Total Unit Total
20 r x 50 yards gram rellectiveshooting P/S $55.89 $1,117.80 $57.88 $1,157.80
15 24'x 50 yards non-reM biackshesting P/S $89.20 $1,338.00 $192.43 $2,888.45
124"x 50 yards rMlocthve sheeting H/I all
10 colors $494.90 $4,949.00 $0.00
10 1 24'x 50 yards reflective sheeting P/S.an
colors. $498.90 $4.989.00 $478.84 $4,768.40
30"x 50 yards reflective sheeting WI all
10 colors, 6819.00 58,190.00 $0.00
X yards e g a ll
10 colors $827.00 $8,270.00 $696.05 $5.980.50
15 1 r x 50 yards non-reM black sheet) P/$ $21.00 $315.00 $72.21 1 $1,083.15
5 36"x 50 yards reflecWs sheeting,all colors $750.00 $3,795.00 5347.28 1 $1,738.40
20 3/4"black border tape,pressure sensitivo $9.30 $188.00 $8.82 $178.40
20 3/4'white reflective border taps,PIS $45.00 $900.00 $7.74 $154.80
5 15"x 50yd sNect punch vinyl,rell whits P/S $393.00 $1,985.00 $364.70 $1,823.50
5 15'x W saect punch vinyl,refl black $93.00 $485.00 $211.76 $1,058.80
5 15"x 50yd soled punch vinyl,non-refl colors $98.00 $490.00 $285.88 $1,329.40
TOTAL SECTION D: $32,988.80 $22,135.40
SECTION E Hall Signs,Inc. Custom Products
Bloomington,IN Jackson,MS
Qty SECTION E Unit Total Unit Total
50 18"x 48'ong,grade sign faces Or/Wh $7.09 $354.50 $8.14 $307.00
100 1r x 38-on*.%"R$1 IsR $3.04 $304.00 $3.34 $334.00
100 1 r x 36" R*1 right $3.04 $304.00 $3.34 $334.00
50 30"x 30"stop sign faces R1-1 prism $11.88 $564.00 $12.49 6624.50
50 130"x 30"R5-1 DO NOT ENTER $5.58 $278.00 58.78 $939.00
25 6"x 18-R•1-4 ALL WAY $4.87 $118.75 $1,72 $43.00
50 38'x 38-W-3-3A signal ahead 68.20 $410.00 $13.45 6872.50
50 38"x 38-W-3-le stop ahead 6820 $410.00 $13.45 $672,50
50 36-R1.2 Yleld(seas $4.80 $240.00 $4.76 1 $238.00
50 38"57-1 School advance(green four) $52.30 62,615.00 $47.30 $2,365.00
50 13ir 52-1 School x-Ing(green tour? $52.30 1 62,815.00 $47.30 $2,385.00
50 13r x 36-W11-2 pod.advance $8.20 $410.00 69.51 $475.50
50 136"x 36'W11 A-2 pod.crossing $8.20 $410.00 $9.51 $475.50
100 24"x 24-R5.2 no trucks $4.09 $409.00 $5.21 $621.00
100 24"stop sign faces MR1-1 prism $7.72 $772.00 68.17 $817.00
50 36"DIA R/R x-Irg(W10-1)prism $16.30 $815.00 616.32 $916.00
TOTAL SECTION E: 1 $11,047.25 611,499.50
B
RICH WITH OPPORTUNITY
BEA,UMON* City Council Agenda Item
T • L • % • A • S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: May 13, 2008
REQUESTED ACTION: Council consider authorizing the City Manager to execute a
Lease and Management Agreement with the Jefferson
Theatre Limited Partnership.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute the renewal of a Lease and
Management Agreement for a one (1)year term beginning May 18, 2008 and expiring May 17,
2009 and to execute annual renewals for a period not to exceed five (5)years.
BACKGROUND
The Jefferson Theatre is owned by the Jefferson Theatre Limited Partnership, a non-profit
corporation of Jefferson County, who acts as the Landlord for the building. The 1927 Theatre
was fully restored in 2003 with the cost of renovation totaling approximately $6 million, $2
million of which came from Section 108 funds. Those funds are being repaid by the City of
Beaumont over a 20-year period using Community Development Block Grant funds.
Due to tax credits used as a part of the renovation effort, the ownership of the Theatre cannot
change for a period of 66 months, commencing from the time the renovation was completed in
November 2003. Therefore, the ownership of the Theatre would remain as is until June 2009.
The Jefferson Theatre Preservation Society was the tenant who operated the Theatre. In April
2006, citing their inability to continue to underwrite the operations of the Theatre any longer, the
Board of Directors for the Jefferson Theatre Preservation Society requested that the City of
Beaumont consider taking over the operation and management duties of the Theatre.
On May 16, 2006 City Council gave its approval for the execution of a Lease and Management
Agreement between the Jefferson Theatre Limited Partnership and the City of Beaumont. A lease
was executed for a one(1)year term which expired May 17, 2007.
Lease Renewal-Jefferson Theatre
May 13, 2008
Page 2
The lease provides the City the exclusive option of renewing the lease for additional one(1)year
terms under the same terms and conditions provided in the original lease. The first renewal option
was exercised May 18, 2007 and will expire May 17, 2008. Requested is another one (1)year
renewal to commence on May 18, 2008 and expire on May 17, 2009.
Attached is a copy of the lease agreement for your review.
BUDGETARYIMPACT
Funds for maintenance and operation of the facility are available in the Event Facilities and
Libraries Department budget.
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 the renewal of a Lease
and Management Agreement with the Jefferson Theatre Limited Partnership for a one (1)
year term beginning May 18, 2008 and ending May 17, 2009, and to execute annual
renewals for a period not to exceed five (5) years. The agreement is substantially in the
form attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of May,
2008.
- Mayor Becky Ames -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
LEASE AND MANAGEMENT AGREEMENT
THIS Lease and Management Agreement is made and entered into this
day of , 2008, by and between the Jefferson Theatre Limited
Partnership, a non-profit corporation of Jefferson County, Texas, hereinafter referred to
as "Landlord," and the City of Beaumont, a municipal corporation in Jefferson County,
Texas, hereinafter referred to as "TENANT."
WITNESSETH :
WHEREAS, the Jefferson Theatre Limited Partnership is interested in having the
City of Beaumont assume the management and operation of the Jefferson Theatre as a
place of public assembly for the promotion of the arts; and
WHEREAS, the City of Beaumont is organized and capable of operating such
facilities and can bring significant expertise, personnel and material resources to bear to
accomplish such tasks; and
WHEREAS, the Jefferson Theatre Limited Partnership is committed to its original
mission of providing quality entertainment for the citizens of Beaumont;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein and other good and valuable consideration, the parties agree as
follows:
Page 1 of 8
1. LANDLORD does hereby demise and lease to TENANT and TENANT
does hereby lease from LANDLORD certain commercial real property located at 345
Fannin Street, Beaumont, Jefferson County, Texas, 77701, containing approximately
33,456 square feet of gross floor area, hereinafter called the "LEASED PREMISES."
2. The term of this lease is one (1) year beginning on the 18" day of
MAY , 2008, and ending on the 17th day of MAY , 2009. At
the expiration of the term of this lease, TENANT shall have the exclusive option of
renewing this lease for additional one (1) year periods upon the same terms and
conditions provided for in this lease agreement not to exceed five (5) years; provided,
however, that written notice of TENANT's intention not to exercise this option is given to
LANDLORD in writing at least thirty (30) days prior to the expiration of any primary term.
3. The total rent under this agreement is TEN DOLLARS ($10.00), the
receipt and sufficiency of which is hereby acknowledged.
4. The premises are to be used primarily for the purpose of providing a
community venue for public rental for the enjoyment of quality entertainment for the
citizens of Beaumont.
5. LANDLORD acknowledges and agrees that the TENANT will retain
exclusive management, operation and control of the facility, including, but not limited to,
the rental, ticket sales, concessions and the booking of events. All revenue derived
from the management and operation of the facility shall be retained by TENANT.
Page 2 of 8
6. TENANT shall, in its sole discretion, hire such personnel as it deems
necessary for the proper maintenance and operation of the facility. All such employees
shall be employees or contractors of the TENANT.
7. TENANT shall be solely responsible for and shall perform all exterior and
interior maintenance, repairs and/or replacements of and upon the premises, in all
respects, necessary to maintain the premises in good condition, all at TENANT's sole
cost and expense.
8. TENANT does not intend to assume any debt incurred by LANDLORD or
other outstanding liability existing at the time of the execution of this agreement. Nor
does TENANT intend to assume responsibility for any unforeseen structural problems
not disclosed prior to the execution of this agreement. If there are any mechanic's or
materialmen's liens filed against the premises attributable to any alterations or
improvements or other construction work performed prior to the execution of this
agreement, it shall be the responsibility of the LANDLORD to have same removed by
bonding or payment or otherwise prior to the ultimate conveyance of the premises as
contemplated by this agreement.
9. LANDLORD acknowledges and agrees that there are certain maintenance
and repair items that it will continue to assume as part of its ongoing responsibility.
These items include the repair or replacement of damaged seating in the balcony, as
well as the Robert Morgan organ. It is contemplated that these repairs will be
accomplished under the direction of the Jefferson Theatre Preservation Society by the
use of existing funds earmarked for these purposes.
Page 3 of 8
10. By execution of this agreement, TENANT agrees to bear the responsibility
and expense of processing and handling of all claims, challenges and lawsuits against it
and not otherwise that might result from the TENANT's operation of the facility during
the term of this lease.
11. TENANT shall, in its discretion, determine what type of coverage and
maintain such insurance, at its expense, as it deems appropriate to cover and protect
the LEASED PREMISES and its interests therein.
12. TENANT shall pay all utility charges for water, garbage collection, sewer
service, electricity, heat, gas or power used in and about the LEASED PREMISES, and
any and all other utilities, either public or private, consumed by TENANT in and about
the LEASED PREMISES, all such charges to be paid by TENANT to the utility company
or municipality furnishing the same.
13. TENANT shall have no obligation under this lease to make any
improvements to the premises. TENANT may, however, in its discretion, from time to
time make improvements to or additions to the premises. In so doing, TENANT,
recognizes that the premises is listed on the National Register of Historic Places and is
a recorded Texas historic landmark and will use its best efforts to ensure that the
exterior and interior of the landmark are maintained so as to not jeopardize the historic
designation of the structure.
14. It is agreed that any and all equipment, machinery, fixtures, and all other
improvements, whether temporary or permanent, erected on the LEASED PREMISES,
or within the leased facilities by TENANT, shall remain the property of said TENANT
and may be removed at any time during the period of this lease, or at the expiration of
Page 4 of 8
this lease or during any extension thereof, even though the same may be attached to
the LEASED PREMISES. TENANT recognizes that there is office equipment, furniture
and theatre memorabilia located in the third floor office suite. This property will remain
the property and responsibility of the Jefferson Theatre Preservation Society.
15. Acceptance of the premises by TENANT shall be construed as recognition
that the premises are in a reasonably good state of repair and in sanitary condition.
TENANT shall surrender the premises at the end of the lease term or any renewal
thereof, or if terminated before the end of the term or any renewal, in the same condition
as when TENANT took possession, allowing for reasonable use and wear, or damage
by acts of God, including fires and storms.
16. Partial destruction of the LEASED PREMISES shall not render this lease
void or voidable nor terminate it except as herein provided. If the premises are partially
destroyed during the term of this lease, TENANT shall repair them when such repairs
can be made in conformity with governmental laws and regulations, within a reasonable
period of time after the partial destruction. Written notice of the intention of TENANT to
repair shall be given to LANDLORD within thirty (30) days after any partial destruction.
17. Neither TENANT nor TENANT's legal representative or successors in
interest, by operation or law or otherwise, shall assign this lease, or any interest therein,
or sublet the LEASED PREMISES, or any part thereof, or any right or privilege pertinent
thereto, without the prior written consent of LANDLORD, which consent shall not be
unreasonably withheld. Any assignee approved by LANDLORD must assume in writing
all of TENANT's obligations under this lease and TENANT shall remain liable for each
and every obligation under this lease.
Page 5 of 8
LANDLORD shall not assign any or all of its interest under the terms of
this lease.
18. LANDLORD and TENANT recognize that the property is encumbered with
certain tax credit obligations that forestall the immediate sale of the property. At such
time as the impediment expires, LANDLORD hereby grants to TENANT the right of first
refusal to purchase the LEASED PREMISES for one dollar ($1.00). Upon the exercise
of this option, LANDLORD agrees to cause to be executed a special warranty deed to
the LEASED PREMISES transferring title to TENANT. TENANT will provide the deed
for execution by LANDLORD.
19. All notices provided to be given under this agreement shall be given by
personal delivery or by certified United States mail, postage prepaid, return receipt
requested, addressed to the proper party at the following addresses:
LANDLORD: Jefferson Theatre Limited Partnership
Attn: Mark Fertitta
P. O. Box 1229
Beaumont, Texas 77704
TENANT: City of Beaumont
Attn: Kyle Hayes, City Manager
P. O. Box 3827
Beaumont, Texas 77704
Any notice given in accordance with this paragraph shall be deemed
delivered if personally delivered or upon deposit in the custody of the United States
Postal Service if mailed. Either party hereto may change its address for the purpose
hereof by sending notice of such change to the other party in accordance herewith.
Page 6 of 8
20. This agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective legal representatives, successors, and assigns,
unless otherwise herein provided.
21. This agreement shall be construed under and in accordance with the laws
of the State of Texas and all obligations of the parties created hereunder are
performable in Jefferson County, Texas.
22. In case any one or more of the provisions contained in this agreement
shall for any reason be held to be invalid, illegal, or unenforceable, in any respect, such
invalidity, illegality, or unenforceability shall not affect other provisions thereof and this
agreement shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein.
23. This agreement constitutes the sole and only agreement of the parties
hereto and supercedes any prior understandings or written or oral agreements between
the parties respecting the within subject matter.
24. LANDLORD represents and agrees that it has taken the necessary legal
measures to terminate the lease agreement it had with the Jefferson Theatre
Preservation Society for these premises.
25. This lease agreement supercedes any agreement previously executed for
the term above-specified.
26. It is understood and agreed that TENANT may sublease all or any part of
the facility herein leased and demised to others, retaining all revenues derived from
such subleasing. It is specifically understood by the parties that TENANT intends to
Page 7 of 8
sublease space to the Jefferson Theatre Preservation Society for use as offices within
the premises. Execution of this agreement is acknowledgment and consent of
LANDLORD to the sublet.
27. Time is of the essence of this agreement.
IN TESTIMONY WHEREOF, the parties to this lease agreement have hereunto
set their hands to duplicate originals on the day of ,
2008.
LANDLORD:
JEFFERSON THEATRE
LIMITED PARTNERSHIP
By:
Attest:
Secretary
TENANT:
CITY OF BEAUMONT
By:
Kyle Hayes, City Manager
Attest:
Tina Broussard, City Clerk
Page 8 of 8
C
RICH WITH OPPORTUNITY
BEA,UMON*
T - E - X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: May 13, 2008
REQUESTED ACTION: Council consider approving a revision to the annual contract
with Beaumont Products and Services, Inc. (BPS).
RECOMMENDATION
Administration recommends approval of a revision to the annual contract with Beaumont
Products and Services, Inc. (BPS)for furnishing litter removal services on arterial street rights-of-
way and other specific areas to include an increase from $12.64 per person per hour worked to
$13.08.
BACKGROUND
Council approved the award of this Contract at the rate of$12.64 on April 8, 2008. After the
award was made, Beaumont Products and Services(BPS)reviewed the contract and realized they
had not asked for an increase based upon the Consumer Price Index (CPI) as they had done in
previous years. They are requesting an increase of 3.514 percent based upon Houston-Galveston-
Brazoria area statistics.
During the past twelve months, BPS has worked approximately 1,906 labor hours, removing
about 1,510.41 cubic yards of litter, at an estimated cost of$24,091.84.
BUDGETARY IMPACT
Increasing the hourly rate will increase the City's annual cost an estimated$838. Funds are available in
the Code Enforcement Division's operating budget.
RESOLUTION NO.
Whereas, City Council approved Resolution No.08-097 on April 8, 2008 awarding
an annual contract effective April 9, 2008, with Beaumont Products and Services, Inc.
(BPS)for furnishing litter removal services on arterial street rights-of-way and other specific
areas at a rate of$12.64 per person, per hour worked; and,
WHEREAS, Beaumont Products and Services, Inc. (BPS) desires to increase the
rate of$12.64 per person per hour worked to $13.08 per person per hour worked based
upon the Houston-Galveston-Brazoria area Consumer Price Index (CPI);
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT Resolution No. 08-097 be and the same is hereby amended to increase the rate of
$12.64 per person per hour worked to $13.08 per person per hour worked as based upon
the Houston-Galveston-Brazoria area Consumer Price Index.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of May,
2008.
- Mayor Becky Ames -
D
RICH WITH OPPORTUNITY
IIEA,[11�IUIIII
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: May 13, 2008
REQUESTED ACTION: Council consider the approval of change orders for
additional work related to the installation of a new air
handler at City Hall.
RECOMMENDATION
Administration recommends the approval of Change Order Numbers 1, 2 and 3 in the amount of
$25,402.
BACKGROUND
A contract was approved by City Council for the installation of a new air handler and cleaning of
HVAC ducts in City Hall on September 18, 2007. Work commenced in December upon delivery
of the new air handler. As the work progressed, there was work needed that was not identified in
the original contract specifications.
Change Order No. 1 in the amount of$4,500 provided for reinstallation of the hot gas piping and
control. The original piping was disconnected many years ago and the engineering consultant
recommended that it be reinstalled to provide sufficient operation under low load conditions.
Change Order No. 2 in the amount of$6,602 provides for the installation of roof curbs to seal the
supply and return air ducts. Due to the condition of the original air handler, it could not be
determined prior to the bid, the amount of additional fabrication that would be required to seal
the ducts.
Change Order No. 3 in the amount of$14,300 included additional electrical work, reconfiguring
controls to be compatible with the new unit, and repairing refrigerant leaks in the existing
condensing units.
The original contract amount was $330,288. Change Orders No. 1, 2 and 3 represent an 8%
increase in the contract price. These changes did not affect completion time.
BUDGETARY IMPACT
Funds for this project are available in the Capital Program.
E
RICH WITH OPPORTIINITY
r
T • E - x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: May 13, 2008
REQUESTED ACTION: Council consider the approval of change orders for
additional work at Dr. Martin Luther King, Jr. Memorial
Park.
RECOMMENDATION
Administration recommends the approval of Change Order Numbers 6, 7 and 8 in the amount of
$20,043.
BACKGROUND
The Park was accepted in January 2008 as substantially complete. Change Orders No. 6, 7 and 8
are for additional work to enhance the park.
Change Order No. 6 in the amount of$6,943 is the cost to change the pavers to a diagonal layout.
The original design specified 24 x 24 inch pavers placed on a two(2)ft. grid. The contractor
constructed the foundation and curbs based on this design. The pavers selected were
recommended by the architect. Upon installation, it was discovered that the pavers were 23 '/2 x
23 '/2 inches. The size difference altered the paver layout and the design had to be changed to
accommodate the width of the walking path. The design was changed to a diagonal layout to
accommodate the paver size.
Change Order No. 7 in the amount of$5,600 is the cost to install additional underground drainage
in the planting beds. During heavy downpours the drainage design cannot remove the water from
the paved walking path without retaining water. It was determined that the installation of an
underground drainage system in the planting beds would eliminate the water retention.
Change Order No. 8 in the amount of$7,500 is the cost to construct a pedestal for the dedication
plaque. It will be similar in design to the pedestal that was constructed for the statue of Dr. King.
It will also be encased in black granite and constructed near the walking path on the west side of
the drive. Attached is a site plan indicating the location.
The cost of the park was$648,000. To date, Change Orders No 1-5 for extra work including
parking lot lighting, memorial bricks, enhanced pavers, and additional electrical work total
$117,083. Change Orders No. 6, 7, and 8 total $20,043, which is a 3%increase to the base
contract amount.
Change Order-MLK Park
May 7, 2008
Page 2
BUDGETARY IMPACT
Funds for this project are available in the Capital Program.
RESOLUTION NO.
WHEREAS, on October 31, 2006, the City Council of the City of Beaumont, Texas,
passed Resolution No. 07-342 awarding a contract in the amount of $648,000 to N & T
Construction, Inc., Orange, Texas,for the construction of Martin Luther King,Jr. Park; and,
WHEREAS, Change Order No. 1 was required for upgrading the specified 2 ft. x 2
ft. concrete pavers to Hanover Prest Pavers in a limestone grey and furnishing new
memorial brick pavers in a charcoal finish thereby increasing the contract amount by
$47,476 which increased the total contract amount to $695,476; and,
WHEREAS, Change Order No. 2 was required to imprint 261 new memorial bricks
that will be placed along the walkway thereby increasing the contract amount by $6,635
for a total contract amount of$702,111; and,
WHEREAS, Change Order No. 3 was required for furnishing and installing electrical
power breakers, a concrete pedestal and an aluminum enclosure for the main electrical
service that connects to the main power source thereby increasing the contract amount by
$8,303 for a total contract amount of$710,414; and,
WHEREAS, Change Order No.4 was required for furnishing and installing new light
fixtures in the parking lot thereby increasing the contract amount by $17,669 for a total
contract amount of$728,083; and,
WHEREAS, Change Order No. 5 was required for inscribing cast stone panels
thereby increasing the contract amount by$37,000 for a total contract amount of$765,083;
and,
WHEREAS Change Order Numbers 6, 7 and 8 are necessary as shown below:
Change Order No. 6 $6,943
Change the pavers to a diagonal layout.
Change Order No. 7 $5,600
Install additional underground drainage in the planting beds to eliminate
water retention.
Change Order No. 8 $7,500
Construct a pedestal for the dedication plaque.
The total amount of$20,043 for these three change orders increases the contract
amount to $785,126;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute Change Order Numbers
6, 7 and 8 in the amount of $20,043 thereby increasing the contract to $785,126 for the
construction of Martin Luther King, Jr. Park.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of May,
2008.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
r
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tim Ocnaschek, Emergency Management Coordinator
MEETING DATE: May 13, 2008
REQUESTED ACTION: Council consider authorizing the City Manager to apply for
and receive funding not to exceed$2,000 through the
Target Law Enforcement Grant Program.
RECOMMENDATION
Administration recommends authorizing the City Manager to apply for and receive funding
through the Target Law Enforcement Grant Program.
BACKGROUND
In 1990, Target established the Law Enforcement Grant Program to supplement the financial
resources of law enforcement agencies. Since its inception, the Law Enforcement Grant Program
has awarded millions of dollars to other law enforcement agencies. In 2007, Target awarded the
Beaumont Police Department two digital cameras for the Criminal Investigations Division. This
grant funding would be used to purchase additional digital cameras necessary to assist detectives
in their investigations.
BUDGETARY IMPACT
City would receive up to $2,000 without a requirement of any city"match"funding.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and receive funding
not to exceed $2,000 through the Target Law Enforcement Grant Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of May,
2008.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
BEA,UMON*
T • E - X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial OfficeO
MEETING DATE: May 13, 2008
REQUESTED ACTION: Council consider authorizing the City Manager to execute
letters of understanding with C. Johnnie on the Spot, Inc.,
Beaumont Coca-Cola Bottling Company and Southern Tire
Mart who would provide resources 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 resources that would be needed in the event of a declared disaster. Informal bids were
solicited for portable toilets, bottled water and tire repair services. The detail of each letter of
understanding is as follows:
Johnnie on the Spot, Inc., will furnish and deliver approximately fifty(50) portable toilets to the
City of Beaumont, seventy-two (72) hours prior to the expected landfall of a hurricane. The City
will pay $25.00 per week for each unit requested.
Beaumont Coca-Cola Bottling Company will furnish and deliver bottled water as needed to the
City facilities in the event of a declared disaster. The city will pay $5.25 per case of 24 (16.9 oz.
bottles) and $5.00 per case for 24(12 oz. bottles)requested.
Southern Tire Mart will provide emergency tire repair services to the City of Beaumont. Pricing
for these services are as follows:
Letters of Understanding
May 13, 2008
Page 2
Service Category Cost Per Unit
Call Out Charge $37.50 Regular hours
$75.00 After hours
Milage Charge(if applicable) $1.00 Portal to portal
Automobile and Light Truck $18.50
(below 17.5), flat repair
Automobile and Light Truck $12.50
(below 17.5), mount and dismount
Automobile and Light Truck $8.00
(below 17.5)wheel swap
Heavy Truck(17.5 and above) $30.00
Tubeless flat repair
Heavy Truck(17.5 and above) $25.00
Tubeless mount and dismount
Heavy Truck(17.5 and above) $12.50
Wheel swap
Off-Road Industrial (water filled, split ring)flat repair $75.00 per how
Off-Road Industrial (water filled, split ring)mount and $75.00 per how
dismount
Off-Road Industrial (water filled, split ring)wheel swap $75.00 per hour
Contract Labor per hour(furnish a qualified tire technician $50.00 per hour
to work at the City's facility, under City direction)
Contract Truck and Labor per how(furnish a fully equipped $75.00 per how
and staffed fire service truck for exclusive use by the City,
under the City's direction)
BUDGETARY IMPACT
The budgetary impact of enacting these letters of understanding is contingent upon the occurance
of a declared disaster and the degree of resources needed at that time.
RESOLUTION NO.
WHEREAS, Informal bids were solicited for portable toilets, bottled water and tire
repair services to be provided in the event of a declared disaster; and
WHEREAS, the following bids were received:
Johnnie on the Spot, Inc., will furnish and deliver
approximately fifty(50)portable toilets to the City of Beaumont
seventy-two (72) hours prior to the expected landfall of a
hurricane. The City will pay $25.00 per week for each unit
requested.
Beaumont Coca-Cola Bottling Company will furnish and
deliver bottled water as needed to the City facilities in the event
of a declared disaster. The city will pay $5.25 per case of 24
(16.9 oz. bottles) and $5.00 per case for 24(12 oz. bottles)
requested.
Southern Tire Mart will provide emergency tire repair
services to the City of Beaumont. Pricing for these services
are as follows:
Service Category Cost Per Unit
Call Out Charge $37.50 Regular hours
$75.00 After hours
Milage Charge (if applicable) $1.00 Portal to portal
Automobile and Light Truck $18.50
(below 17.5), flat repair
f
Automobile and Light Truck $12.50
(below 17.5), mount and dismount
Automobile and Light Truck $8.00
(below 17.5) wheel swap
Heavy Truck (17.5 and above) $30.00
Tubeless flat repair
Heavy Truck (17.5 and above) $25.00
Tubeless mount and dismount
Heavy Truck (17.5 and above) $12.50
Wheel swap
Off-Road Industrial (water filled, split ring) flat repair $75.00 per hour
Off-Road Industrial (water filled, split ring) mount and $75.00 per hour
dismount
Off-Road Industrial (water filled, split ring) wheel swap $75.00 per hour
Contract Labor per hour (furnish a qualified tire $50.00 per hour
technician to work at the City's facility, under City
direction)
Contract Truck and Labor per hour (furnish a fully $75.00 per hour
equipped and staffed tire service truck for exclusive
use by the City, under the City's direction)
WHEREAS, City Council is of the opinion that the above-listed bids should be
accepted and letters of understanding executed;
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the above-listed bids are accepted and the City Manager is hereby authorized to
execute a Letters of Understanding between the City and Johnnie on the Spot, Inc.,
Beaumont Coca-Cola Bottling Company and Southern Tire Mart to provide portable toilets,
bottled water and tire repair services in the event of a declared disaster.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of May,
2008.
- Mayor Becky Ames -
H
RICH WITH OPPORTUNITY
BEA,U140N*
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: May 13, 2008
REQUESTED ACTION: Council consider a resolution authorizing the execution of a
License to Encroach Agreement with 850 Pine Street, Inc.
across Elizabeth and Magazine Streets for the installation of
underground fiber optics to serve their offices located at
405 Travis Street [Edison Building].
RECOMMENDATION
Administration recommends authorization to execute a License to Encroach Agreement.
BACKGROUND
850 Pine Street, Inc. proposes to install fiber optic cable crossing under Elizabeth and Magazine
Streets. The proposed underground cable will cross under Elizabeth Street approximately 337
feet east of Pine Street and under Magazine Street approximately 111 feet east of Pine Street,
near the intersection of Magazine Street, Travis Street and Brakes Bayou, parallel to the bayou.
The cable will transmit service from their facilities at Trinity Island to offices located at 405 Travis
Street [Edison Building]. The License Agreement protects the City from liability and provides a
thirty(30) day cancellation clause.
BUDGETARY IMPACT
There is a one time fee of$500 for the License to Encroach.
\enO ab
6 May 2008
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COMMENTS FROM DEPARTMENTS AND/OR UTILITY COMPANIES
FOR
LICENSE TO ENCROACH APPLICATION
PROPERTY DESCRIPTION: Proposed fiber optic cable crossing under Elizabeth Street,
approximately three hundred thirty-seven (337) feet east of
Pine Street and crossing under Magazine Street,
approximately one hundred eleven (I 11) feet east of Pine
Street,near the intersection of Magazine Street,Travis Street
and Brakes Bayou, parallel to the bayou [Edison Building].
DATE OF DISTRIBUTION: April 30, 2008 DUE: May 9,2008
1) Joris P. Colbert, City Engineer Date Received: 5-01-08
Acceptance and Approval.
2) Jim Terry, Streets &Drainage Superintendent Date Received: 5-01-08
Acceptance and Approval.
3) Jack Maddox, Fire Marshall Date Received: 4-30-08
Acceptance and Approval.
4) Hani Tohme, Water Utilities Date Received: 5-06-08
Acceptance and Approval. The City has existing water and sanitary sewer facilities within the
vicinity of this property.According to the water map,we have an eighteen(18)inch abandoned raw
water line running parallel to Brakes Bayou and a six (6) inch water line on the north side of
Elizabeth Street.According to the sanitary sewer map,we have an eighteen(18)inch sanitary sewer
force main located on the east side of the Pine Street right-of-way,continuing along the north right-
of-way of Magazine,then along the east side of Travis Street,and then along the north right-of-way
of Elizabeth Street. In order to minimize future damages to underground utilities, all proposed or
the replacement of cable in the right-of-way must be installed a minimum horizontal distance of
thirty-six (3 6) inches and twelve (12) inches below existing water and sanitary sewer lines.
5) Stephen Richardson, Planning Manager Date Received: 4-30-08
Acceptance and Approval.
6) Mark Horelica, Transportation Date Received: 4-30-08
Acceptance and Approval.No Objections.It should be noted however that the Calder Street project
will interfere with the Elizabeth street crossing.
7) Patrick Sam, CenterPoint Energy Entex Date Received: NA
Acceptance and Approval.
8) Jeffrey Richard, Entergy Date Received: NA
Acceptance and Approval.
9) Cliff Moore, AT&T Date Received: 5-02-08
Acceptance and Approval.
10) Doug Canant, D.D.#6 Date Received: 4-30-08
Objections. Calder project will place 3 10x10 under Elizabeth Street at this location.
Acceptance and Approval. Just spoke w/Allied Electric [5-1-08] and they are in contact with Tan
about the boxes.
11) Tyrone Cooper, Legal Department Date Received: 5-02-08
Does this interfere with the Calder Improvement Project? NO. City has been in discussion with
Allied Electric.
comments_summary_850pine
RESOLUTION NO.
WHEREAS, 850 Pine Street, Inc. has requested that the City of Beaumont grant a
License to Encroach across Elizabeth Street approximately 337 feet east of Pine Street
and under Magazine Street approximately 111 feet east of Pine Street, near the
intersection of Magazine Street, Travis Street and Brakes Bayou, parallel to the bayou, as
shown on Exhibit "A" attached hereto and made a part hereof for all purposes; and,
WHEREAS, City staff has expended considerable time and effort in investigating
the effect of such encroachments upon the City right-of-way and utilities serving the same;
and,
WHEREAS, it appears that it would be equitable to allow such encroachment at this
time;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a License to Encroach
across Elizabeth Street approximately 337 feet east of Pine Street and under Magazine
Street approximately 111 feet east of Pine Street, nearthe intersection of Magazine Street,
Travis Street and Brakes Bayou, parallel to the bayou, attached hereto and made a part
hereof for all purposes to 850 Pine Street, Inc. for a one-time fee of Five Hundred Dollars
($500).
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of May,
2008.
- Mayor Becky Ames -
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RICH WITH OPPORTUNITY
17C A, �
T • E . x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: May 13, 2008
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 Sienna Trails
Apartments located at 6155 Concord Road.
RECOMMENDATION
Administration recommends acceptance of the above named easement.
BACKGROUND
ST Partners III, Ltd. has agreed to convey a ten (10) foot wide water line easement to the City
of Beaumont. The easement [out of the Thomas Spear Survey] will provide mandatory access
to the water lines and fire hydrants for the Sienna Trails Apartments [6155 Concord Road] and
would also allow for the construction, alteration, operation and maintenance of the said water
line and appurtenances.
BUDGETARY IMPACT
None.
engsienna_trails-ib.wpd
6 May 2008
RESOLUTION NO.
WHEREAS, ST Partners III, Ltd., has offered to convey a ten-foot (10')wide Water
Line Easement for Sienna Trails Apartments located at 6155 Concord Road, being out of
the Thomas Spear Survey,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,
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 ST Partners III, Ltd, 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 13th day of May,
2008.
- Mayor Becky Ames -
EXHIBIT A, PAGE 1 OF 3
CENTERLINE DESCRIPTION
FOR A
10' WIDE WATER LINE EASEMENT
OUT OF THE
THOMAS SPEAR SURVEY,ABSTRACT 50
JEFFERSON COUNTY, TEXAS
APRIL 13, 2008
LINES A & B
That certain centerline description for a 10' wide water line easement out of the Thomas Spear
Survey, Abstract 50, Jefferson County, Texas, being out of a called 8.483 acre tract conveyed to
ST Partners III, Ltd. as recorded in Clerks File No. 2008002872 of the Official Public Records of
Jefferson County, Texas, said centerline description being more particularly described as
follows:
Note: The Basis of Bearing is the east line of a called 62.29 acre tract conveyed to Muse
Limited, Inc.. as recorded in Clerks File No. 9809740 of the Official Public Records of Jefferson
County, Texas having been called South 00°26'09"West.
COMMENCING at a %" iron rod found in the northerly right-of-way line of Concord Road for the
most southerly corner of the said 8.483 acre tract;
THENCE North 53 056'14" East along the said northerly right-of-way line of Concord Road and
the south line of the said 8.483 acre tract a distance of 124.36 feet (called North 53 030'02" East
124.12 feet) to a 5/8" iron rod found for an angle point;
THENCE South 89°56'46" East continuing along the said northerly right-of-way line of Concord
Road and the said south line of the 8.483.acre tract a distance of 46.39 feet (called South
89 047'48" East) to a %' capped iron rod set in the northwesterly right-of-way line of Sienna
Trails for the southeast corner of the said 8.483 acre tract;
THENCE North 45011'59" East along the said northwesterly right-of-way line of Sienna Trails
and the southeasterly line of the said 8.483 acre tract a distance of 30.00 feet to a %2" capped
iron rod set for an angle point;
THENCE North 00 011'59" East along the said northwesterly right-of-way line of Sienna Trails
and the said southeasterly line of the said 8.483 acre tract a distance of 75.47 feet to a point for
the POINT OF BEGINNING of the said centerline of Line A from which a %" capped iron rod set
in the said northwesterly right-of-way line of Sienna Trails and the said southeasterly line of the
said 8.483 acre tract for an angle point bears North 00 011'59" East 84.64 feet
THENCE along the said centerline of Line A with the following courses and distances:
West a distance of 34.90 feet to an angle point;
North 40 044'23" West a distance of 65.34 feet to an angle point;
South 49 015'37"West a distance of 135.69 feet to an angle point;
Fittz&Shipman,Inc.
Page 1 of 2
Project No. 06888wtresnt
Plat&Description
EXHIBIT A, PAGE 2 OF 3
North 40°37'57"West a distance of 369.76 feet to an angle point;
North 49 013'00" East a distance of 32.31 feet to a point for the POINT OF BEGINNING
of the centerline of Line B, a 10' wide water line easement, 5' each side of centerline, from
which the POINT OF TERMINATION of the said centerline of Line B bears North 49 013'00"
East 340.32 feet;
THENCE continuing along the said centerline of Line A with the following courses and
distances:
North 40 034'16"West a distance of 303.09 feet to an angle point;
North 49°07'36" East a distance of 339.20 feet to an angle point;
South 40 047'00" East a distance of 306.84 feet to an angle point;
South 85 046'57" East a distance of 37.60 feet to a point in the said northwesterly right-
of-way line of Sienna Trials and the said southeasterly line of the 8.483 acre tract for the'PO/NT
OF TERMINATION of the said centerline of Line A.
This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during
2007 and 2008.
Steven R. Boucher _ M Q�
Registered Professional Land Surveyor No. 5056 � MWHE R {
Ritz&Shipman,Inc
Page 2 of 2
Project No. 06888wtresnt
Plat&Description
COMMENCING ABANDONED T.& WO. RAILROAD
POINT LINE A EXHIBIT "A", Page 3 of 3
FOUND 3/4' N 40'44'23 W 405.45'
IRON ROD Z (CALLED N 40'45'33" W 405.53')
A FOUND 1/2"
to IRON R00 F W NUMBER DIRECTION DISTANCE
U O m f —— LINE A —_ ——L4 ——— — —--— ^a L2 N 40'44'23" W 65.34'
O a IRON ROD 8" IN I (-——— — —— J -- W I L3 S 49'15'37" W 135.69'
L6 LINE A _ L4 N 40'37'57" W 369.76'
U II CENTERLINE — —
10' WIDE EXCLUSIVE L5 N 49'13'00" E 32.31'
SET 1/2" �. WATER EASEMENT I —�
1 DTI L6 N 40'34'16" W 303.09'
5' EACH SIDE
IRONPROD � / JI I POINT OF
I I BEGINNING I L7 N 49'0736" E 339.20'
�\ I I LINE B
m I I L8 S 40'47'00" E 306.84'
L2 J I I L9 S 85'46'57" E 37.60'
_ I m (
_= SET 1/2' l� \ `'� -J I W L10 N 49'13'00" E 340.32'
111 L11 N 53'56'14" E 124.36'
CAPPED a ST PARTNERS III, LTD I z
W IRON ROD \ CLERKS FILE NO. 2008002872,, O.P.R.J.C.
8.4
(CALLED 8.483 ACRE CALLED N 53'30'02" E 124.12'
\\ I
POINT OF l \\ I I L12 S 89'56'46 E 46.39'
BEGINNING CALLED S 89'47'48" E
LINE A I I 1 J) I L13 N 45'11'59" E 30.00'
\ 10'�n I L74 N 00'11'59" E 75.47'
SET 1/2" \ CASMENTr I I I I L15 N 00'11'59" E
CAPPED 84.64'
`F
IRON ROD
� 7 I
SURVEYOR'S CERTIFICATION: I I
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, �1 \ \ e
THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE t ,�T \\ CENTERLINE
ON THE GROUND UNDER MY SUPERVISION DURING 2006, 2007 AND 2008. l�f Yf1j \\\\ I WATER EASEMENT I —
A \ 5' EACH SIDE
TRH \\\ I L I
\\\\�Cb J _ LINE A
SITE o
E�.OUr.Ell E,S�T L8 LOCATION 0
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5056 ��;* L t�T y�°t•.�'Q� \\ POINT OF
rj••� POINT OF \\ TERMINATION 705 0, o
B.I1C Y TERMINATION \\\ LINE B I WALKER �qpo
LINE A \ \
cR..... J
EPy`� o�r
T��SH o
VICINITY MA
\\ / N TS
Fittz&Shipman 10 WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO. �\
co>�9&Timinrs dL aS � INC. PROJECT NAME: SIENNA TRAILS APARTMENTS 3
1405 CORNERSTONE COURT, BEAUMONT, TEXAS
6155 CONCORD ROAD o so 100
(409) 832_7238 FAX (409) 832-7303 BEAUMONT, TEXAS PROJECT NO. S C A L E
DATE: 4-11-08 06888.0002
J
RICH WITH OPPORTUNITY
17C A► (
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: May 13, 2008
REQUESTED ACTION: Council consider a resolution authorizing the settlement of the
claim of Doris Brown anf of Jonathan Brown, a Minor.
RECOMMENDATION
Council approval of a resolution authorizing the settlement of the claim of Doris Brown anf of
Jonathan Brown, a Minor.
BACKGROUND
Council discussed the settlement of this claim in Executive Session on April 29, 2008.
BUDGETARY IMPACT
There are sufficient funds in the Liability Trust Fund to pay the amount as shown:
Doris Brown anf of Jonathan Brown, a Minor $3,500
RESOLUTION NO.
WHEREAS, the claim of Doris Brown anf of Jonathan Brown, a Minor, has been
discussed in an Executive Session properly called and held Tuesday, April 29, 2008; and,
WHEREAS, the Council desires to authorize the settlement of the claim;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be and he is hereby authorized to settle the claim of Doris Brown
anf of Jonathan Brown, a Minor, in the amount of Three-Thousand and Five-Hundred
($3,500) Dollars.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of May,
2008.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
BEA,UMON*
T • E • X • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 13,2048 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. Consider approving a contract for concrete repair rehabilitation
2. Consider approving the purchase of a grinder for use at the City's Landfill
3. Consider approving a contract for the 311 Citizen Call Center software
4. Consider approving a contract for grounds maintenance services at Tyrrell Park
5. Consider amending Chapter 28 of the Code of Ordinances related to utilities
6. Consider amending the FY 2008 Budget to appropriate fund balance for the
demolition program
WORKSESSION
* Review and discuss FEMA Trailers
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary or
services are requested to contact Lenny Caballero at 580-3716 three days prior to the meeting.
1
May 13, 2008
Consider approving a contract for concrete repair rehabilitation
RICH WITH OPPORTUNITY
[11'CmAi
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: May 13, 2008
REQUESTED ACTION: Council consider a resolution authorizing the award of a
contract for Concrete Repair Rehabilitation to ALLCO, Inc.
of Beaumont in the amount of$4,280,266.65.
RECOMMENDATION
Administration recommends awarding the contract to ALLCO, Inc.
BACKGROUND
On April 17, 2008, the City of Beaumont received two (2)bids for Concrete Repair
Rehabilitation to various streets throughout the city. Bids were submitted by ALLCO, Inc. in the
amount of $4,280,266.65 and APAC-TEXAS, Inc., in the amount of$4,770,949.93. The
estimated cost of the project prior to receipt of bids was $4,356,368.00. Copies of the bid
tabulations are attached for your review.
Contractor Bid Amount
ALLCO, Inc. $4,280,266.65
APAC-TEXAS, Inc. $4,770,949.93
MBE subcontracting is with the MBE firms of Crabtree Barricade Systems and Highway
Pavement Specialties in the amount of$145,550.00, representing 3.4% of the contract amount.
BUDGETARY IMPACT
Funds are available through the Capital Program.
Full-DepthRehabProj ectcg.wpd
05/07/2008
I
CITY OF BEAUMONT
SCHEDULE OF MBE PARTICIPATION
FULL DEPTH CONCRE'T'E REPAIR PRW ECT
NAME
CERTIFIED MBE CONTRACTOR ADDRESS TYPE OF WORK AGREED PRICE
CRABTREE BARRICADES BEAUMONT TEXAS BARRICADES $ 21 ,750.00
HIGHWAY PAVEMENT
SPECIALTIES HOUSTON TEXAS SAW, SEAL CONCRETE $123,800.00
The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution
of a contract with the City of Beaumont.
NOTE: 1. This schedule should be submitted with your bid. ALLCO, LLC
T.W. HARRISON SIGNATURE
PRESIDENT
TITLE
33c
i
i
III
SECTION 0220
BID SUMMARY
CONTRACTOR: ALLCO, INC. APAC-TEXAS, INC.
BID TAB SUBTOTAL AUDREE 1 of 13 $326,440.03 $331,521.38
BID TAB SUBTOTAL BOWEN 2 of 13 $277,813.39 $276,714.18
BID TAB SUBTOTAL CLINTON 3 of 13 $559,058.00 $601,256.65
BID TAB SUBTOTAL KARLETTE 4 of 13 $135,147.44 $148,412.78
BID TAB SUBTOTAL LIGGIT 5 of 13 $162,589.40 $194,294.93
BID TAB SUBTOTAL NATHAN 6 of 13 $215,439.90 $225,215.68
BID TAB SUBTOTAL ROBINSON 7 of 13 $294,084.99 $306,104.18
BID TAB SUBTOTAL DEVON 8 of 13 $50,720.00 $128,006.00
BID TAB SUBTOTAL ELEVENTH ST. 9 of 13 $430,451.20 $463,743.10
BID TAB SUBTOTAL EAST LAVACA 10 of 13 $1,110,230.30 $1,329,626.50
BID TAB SUBTOTAL FOURTH ST. 11 of 13 $237,093.40 $248,853.70
BID TAB SUBTOTAL PHELAN BLVD. 12 of 13 $14,220.0 0 6 756.00
BID TAB SUBTOTAL WASHINGTON BLVD. 13 of 13 $466,978.60 $510,444.85
TOTAL CONTRACT PRICE-BASED ON ESTIMATE QUANTITIES (PAGES 1-13) 54,280,266,65 $4,770,949.93
TOTAL MATERIALS COST-BASED ON ESTIMATED QUANTITIES $1,500,000.00 $2,034,491.00
TOTAL SERVICES COST-BASED ON ESTIMATED QUANTITIES $2,780.266,65 $2,736,458.93
LOW BIDDER IS: ALLCO, INC.
TOTAL NUMBER OF CALENDAR DAYS TO COMPLETE:434
Section 0210
BID TAB
For construction of: Full-Depth Concrete Repair Construction
ALLCO APAC
For The City if Beaumont,Texas
.................
.. ................................................................ ........ .. . . . .........
....................
............. ......................... .. ............... A
./X11::'::'::.:::'::. . ............... ...............................
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.......................
. ......................... ........... ft
......... .................. ....
.................................. ..........
............................. ................
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AUDREE - REMOVE AND REPLACE CONCRETE PAVEMENT
100 001 PREP.R.O.W. 14.9 STAI$235.00 $3,501.50 $1,700.00 $25,330.00
104 001 REMOVE CONC(PAVEMENT) 4715.5 SY $4.00 $18,862.00 $6.00 $28,293.00
132 001 EMBANKMENT 118.1. CY $36.50 $4,310.65 $17.00 $2,007.70
162 001 BLOCK SODDING 503.9 SY $5.20 $2,620.28 $3.00 $1,511.70
360 001 CONCRETE PAVEMENT(6') 4715.5 SY $44.00 $207,482.00 $40.00 $188,620.00
400 001 SEWER EXCAVATION(TRENCH) 39.9. CY $57.00 $2,274.30 $10.00 $399.00
400 002 CEMENT STABILIZED BACKFILL 56.1 CY $63.00 $3,534.30 $52.25 $2,931.23
402 001 TRENCH EXCAVATION PROTECTION 81.0 LF 1$7.00 $567.00 $10.25 $830.25
464 002 REMOVE RCP&REPLACE W/18"HDPE 81.0 LF $47.00 $3,807.00 $139.50 $11,299.50
9000 002 1 REMOVE RCP&REPLACE W/18"RCP
81.0 LF
465 002 REMOVE AND REPLACE CURB INLET(TY A) 61 EA $3,900.00 $23,400.00 $4,640.00 $27,840.00
502 1 001 BARRICADES,SIGNS&TRAFFIC CONTROL 1 1 LS $21,750.00 $21,750.00 $10,000.00 $10,000.00
506 001 1 SEDIMENT CONTROL FENCE 120.0 LF 1$4.70 $564.00 $8.00 $960.00
506 002 SEDIMENT CONTROL GUTTER BUDDY 6 EA $75.00 1 $450.00 $79.00 $474.00
506 003 INSTALL AND REMOVE CONSTRUCTION EXIT
4 EA $1,400.00 $5,600.00 $550.00 $2,200.00
530 001 REMOVE&REPLACE 4"CONC.DRIVEWAY
448 SY 1$58.00 $25,984.00 $50.00 $22,400.00
531 001 REMOVE&REPLACE 4"CONC.SIDEWALK
6 SY $63.00 $378.00 $700.00 $4,200.00
560 001 BRICK MAILBOX REMOVE AND REPLACE
1 EA $675.00 $675.00 $725.00 $725.00
5330 001 CLEAN AND TELEVISION INSPECTION
I 1 200.01 LF 1 3.40 $680.00 1$7.50 $1,500.00
IBID SUBTOTAL-THIS PAGE(AUDREE) 1$326,440.03 1$331,521.38
1 of 13
Z.1.1 i 1:21 I�_1v
BID T.!,-B
For construction of: Full-Depth Concrete Repair Construction
ALLCO APAC
For The City if Beaumont,Texas
.......................
7.7 ........................................
........ ..... ..........
......... ....
..................................................... .......
.................................. ....... ...... . :::
. ..................... ........
:0TW.. ........ ...... ..... M. L
................................. ......... : .
..................... "Unk:x,P.
............ .......
ddd. ............ . ..... . ... ............ ........
.......................
BOWEN REMOVE AND REPLACE CONCRETE PAVEMENT
100 001 PREP.R.O.W. 11.0 STA $235.00 $2,585.00 $550.00 $6,050.00
104 001 REMOVE CONC(PAVEMENT) 3600.0 SY $4.00 $14,400.00 $5.50 $19,800.00
132 001 EMBANKMENT 81.1. CY $36.50 $2,960.15 $19.00 $1,540.90
162 001 BLOCK SODDING 366.7 SY 1$5.20 $1,906.84 $3.00 $1,100.10.
360 001 CONCRETE PAVEMENT(6') 3600.0 SY $44.00 $158,400.00 $39.00 $140,400.00
400 001 SEWER EXCAVATION(TRENCH) 61.1 CY $72.00 $4,399.20 $10.00 $611.00
400 002 CEMENT STABILIZED BACKFILL 79.3 CY $64.00 $5,075.20 $52.25 $4,143.43
402 001 TRENCH EXCAVATION PROTECTION 113.0 LF 1$7.00 $791.00 $10.25 $1,158.25
464 002 REMOVE RCP&REPLACE W/18"HDPE 54.0 LF $48.00 $2,592.00 $139.00 $7,506.00
9000 002 1 1 REMOVE RCP&REPLACE W/18"RCP 54.0 LF
464 003 REMOVE RCP&REPLACE W/21"HDPE 27.0 LF $62.00 $1,674.00 $145.50 $3,928.50
9000 003 1 REMOVE RCP&REPLACE W/21"RCP 27.0 LF 1 1
464 005 REMOVE RCP&REPLACE W/27"HDPE 32.0 LF $75.00 $2,400.00 $158.50 $5,072.00
9000 005 1 REMOVE RCP&REPLACE W/27"RCP 32.0 LF
465 002 REMOVE AND REPLACE CURB INLET(TY A) 8 EA $3,900.00 $31,200.00 $4,150.00 $33,200.00
502 001 BARRICADES,SIGNS&TRAFFIC CONTROL 1 LS 1$4,600.00 $4,600.00 $10,000.00 $10,000.00
506 001 SEDIMENT CONTROL FENCE 160.0 LF 1$4.70 $752.00 $8.20 $1,312.00
506 002 SEDIMENT CONTROL GUTTER BUDDY 8 EA $75.00 $600.00 $79.00 $632.00
506 003 INSTALL AND REMOVE CONSTRUCTION EXIT 4 EA $1,400.00 $5,600.00 $550.00 $2,200.00
530 001 REMOVE&REPLACE 4"CONC.DRIVEWAY 580 SY $29,000.00
.$56.00 $32,480.00 $50.00
531 001 REMOVE&REPLACE 4"CONC.SIDEWALK 3 SY $64.00 $192.00 $710.00 $2,130.00,
560 001 BRICK MAILBOX REMOVE AND REPLACE 6 EA $675.00 $4,050.00 $730.00 $4,380.00
5330 001 CLEAN AND TELEVISION INSPECTION 340.0 LF $3.40 $1,156.00 $7.50 $2,550.00
,BID SUBTOTAL-THIS PAGE(BOWEN) I .$277,813.39 $276,714.18
2 of 13
Section 0210
BID TAB
For construction of: Full-Depth Concrete Repair Construction
ALLCO APAC
For The City if Beaumont,Texas
.............................
..................................................... ....... .................................. .................................
...................................................
................................................. ...........
........................................
.............>;:<.;:.>:.................. .........
.............
............I........... ......... .............. ....
........................................ . .... t1to... ... 6
..........................................................................I....................
......I..........................
.................................
............. ..... .............. ........ ......
CLINTON -REMOVE AND REPLACE CONCRETE PAVEMENT
100 001 PREP.R.O.W. 26.0 STA $235.00 $6,110.00 $410.00 $10,660.00
104 001 REMOVE CONC(PAVEMENT) 7496.5 SY $4.00 $29,986.00 $6.50 $48,727.25
104 002 REMOVE ASPHALT(PAVEMENT) 444 SY $7.00 $3,108.00 _$7.00 $3,108.00
132 001 EMBANKMENT 9
1
193.6 CY $36.50 $7,066.40 $19.50 $3,775.20
,
162 001 BLOCK SODDING
670 0
SY $5.20 $4,524.00 $3.00 $2,610.00
360 001 CONCRETE PAVEMENT(6-) ..n,
7940.5 SY 1$44.00 $349,382.00 $40.50 $321,590.25
400 001 SEWER EXCAVATION(TRENCH) 210.3 CY $58.00 $12,197.40 $10.00 $2,103.00
400 002 CEMENT STABILIZED BACKFILL
215.2 CY $63.00 $13,557.60 $52.25 .$11,244.20
402 001 TRENCH EXCAVATION PROTECTION 0
ff4 5 LF $7a00 $3,185.00 $10.25 $4,663.75
5
464 002 REMOVE RCP&REPLACE W/18"HDPE 1 8 0
178.0 LF $48.00 $8,544.00 $150.00 $26.700.00
9000 002 1 REMOVE RCP&REPLACE W/18"RCP 178.0 LF
464 003 REMOVE RCP&REPLACE W/21*HDPE 187.0 LF $57.00 $10,659.00 $155.00 $28,985.00
9000 003 1 REMOVE RCP&REPLACE W/21'RCP 187.0 LF
464 004 REMOVE RCP&REPLACE W/24"HDPE 90.01 LF $60.00 $5,400.00 $165.00 $14,850.00
9000 004 1 REMOVE RCP&REPLACE W/24"RCP 90.0 LF .
465 002 REMOVE AND REPLACE CURB INLET(TY A) 7 EA .$3,900.00 $27,300.00 $4,150.00 $29,050.00
465 003 REMOVE AND REPLACE CURB INLET(TY A)(TOP) 8 EA $2,000.00 $16,000.00 $2,410.00 $19,280.00
502 001 BARRICADES,SIGNS&TRAFFIC CONTROL 1 LS $5,000.00 $5,000.00 $10,000.00 $10.000.00
506 001 SEDIMENT CONTROL FENCE 300.0 LF 1$4.70 $1,410.00 $8.00 $2,400.00
506 002 SEDIMENT CONTROL GUTTER BUDDY 15 EA $75.00 $1,125.00 $79.00 $1,185.00
506 003 INSTALL AND REMOVE CONSTRUCTION EXIT 4 EA $1,400.00 $5,600.00 $450.00 $1,800.00
530 001 REMOVE&REPLACE 4"CONC.DRIVEWAY 720, SY $58.00 $41,760.00 $51.00 $36,720.00
531 001 REMOVE&REPLACE 4"CONC.SIDEWALK 24 SY $63.00 $1,512.00 _$325.00 $7,800.00
531 002 REMOVE&REPLACE 4"BRICK SIDEWALK&STEPS 100 SY $30.00 $3,000.00 $82.00 1$8,200.00
5330 001 CLEAN AND TELEVISION INSPECTION
774.0 LF $3.40 $2,631.60 1$7.50 $5,805.00
,BID SUBTOTAL-THIS PAGE(CLINTON) $559,058.00 $601,256.65
3 of 13
S-fio.0210
BID TAB
For construction of: Full-Depth Concrete Repair Construction
ALLCO APAC
For The City if Beaumont,Texas
.......... ....................................
.. ............ ........::::..................... ......
...... ....................... ........ ........... ................
.......................... ............................
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wit
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m
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KARLETTE - REMOVE AND REPLACE CONCRETE PAVEMENT
100 001 PREP.R.O.W. 6.2 STA $235.00 $1,457.00 $790.00 $4,898.00
104 001 REMOVE CONC(PAVEMENT) 1635.0 SY $4.00 $6,540.00 $8.80 $14,388.00
132 001 EMBANKMENT 51.4 CY $36.50 $1,876.10 $25.50 $1,310.7
162 001 BLOCK SODDING 206.7 SY $5.20 $1,074.84 $3.00 $620.10
360 001 CONCRETE PAVEMENT(6") 1635.0 SY $48.00 $78,480.00 $44.00 $71,940.00
400 001 SEWER EXCAVATION(TRENCH) 72.2 CY .$58.00 $4,187.60 $10.00 $722.00
400 002 CEMENT STABILIZED BACKFILL 68.1 CY $64.00 $4,358.40 $52.25 $3,558.23
402 001 TRENCH EXCAVATION PROTECTION 111.0 LF $7.00 $777.00 $10.25 $1,137.75
464 002 REMOVE RCP&REPLACE W/18"HDPE 54.01 LF $48.00 $2,592.00 $139.00 $7,506.00
9000 002 1 REMOVE RCP&REPLACE W/18"RCP 54.0 LF
464 006 REMOVE RCP&REPLACE W/30"HDPE 57.0 LF $72.50 $4,132.50 $158.00 $9,006.00
9000 006 1 REMOVE RCP&REPLACE W/30"RCP 57.0 LF
465 002 REMOVE AND REPLACE CURB INLET(TY A) 4 EA $3,900.00 $15,600.00 $4,150.00 $16,600.00
502 001 BARRICADES,SIGNS&TRAFFIC CONTROL 1 LS 1$5,000.00 $5,000.00 $10,000.00 $10,000.00
506 001 SEDIMENT CONTROL FENCE 80.0 LF $4.70 $376.00 $7.50 $600.00
506 002 SEDIMENT CONTROL GUTTER BUDDY 4 EA $75.00 $300.00 $79.00 $316.00
506 003 INSTALL AND REMOVE CONSTRUCTION EXIT 4 EA 1$1,400.00 $5,600.00 $550.00 $2,200.00
530 001 REMOVE&REPLACE 4"CONC.DRIVEWAY 40 SY $58.00 $2,320.00 $64.00 $2,560.00
5330 001 CLEAN AND TELEVISION INSPECTION 1 140.01 LF $3.40 $476.00 1$7.50 1 $1,050.00
JBID SUBTOTAL-THIS PAGE(KARLETTE) 1$135,147.44 1 1$148,412.78
4 of 13
S-ti..0210
BID TAB
For construction of: Full-Depth Concrete Repair Construction
ALLCO APAC
For The City if Beaumont,Texas
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Na...... a::..:::::::.:............::::.::::::::::::.......:...:::::::......... : :::::.::...:
f ode : : :::.::.;:.;:.;:.::.::.:;:.;;;;;;:.;;:.;;;:.;;;;:.:;;;:.;;;;:.;:.;;::.;:;.;:.;;:.;:<.:.;: . ..................................................... ..........................
........................
LIGGIT-REMOVE AND REPLACE CONCRETE PAVEMENT
100 001 PREP.R.O.W. 6.6 STA $235.00 $1,551.00 $590.00 $3,894.00
104 001 REMOVE CONC(PAVEMENT) 1936.5 SY $4.00 $7,746.00 $7.50 $14,523.75
132 001 EMBANKMENT
54.0 CY $36.50 $1,971.00 $18.00 $972.00
162 001 BLOCK SODDING 436 SY $5.20 $2,267.20 $3.00 $1,308.00
360 001 CONCRETE PAVEMENT(6")
1936.5 SY $44.00 $85,206.00 $42.00 $81,333.00
400 001 SEWER EXCAVATION(TRENCH) 137.9 CY $57.00 $7,860.30 $10.00 $1,379.00
400 002 CEMENT STABILIZED BACKFILL
116.3 CY $63.00 $7,326.90 $52.25 $6,076.68
402 001 TRENCH EXCAVATION PROTECTION 198.0 LF 1$7.00 1 $1,386.00 $10.25 $2,029.50
464 001 INSTALL 18"HDPE 27.0 LF $38.00 $1,026.00 $139.00 $3,753.00
464 002 REMOVE RCP&REPLACE W/18"HDPE 81.0 LF $47.00 $3,807.00 $139.00 $11,259.00
9000 002 1 REMOVE RCP&REPLACE W/18"RCP
81.0 LF
464 004 REMOVE RCP&REPLACE W/24"HDPE
20.0 LF 1$63.00 $1,260.00 $145.50 $2,910.00
9000 004 1 REMOVE RCP&REPLACE W/24"RCP
20.0 LF
464 006 REMOVE RCP&REPLACE W/30"HDPE
70.0 LF $75.00 $5,250.00 $158.50 $11,095.00
9000 006 1 REMOVE RCP&REPLACE W/30"RCP
70.0 LF
465 001 INSTALL CURB INLET(TY A)
1 I EA 1$3,900.00 $3,900.00 $3,620.00 $3,620.00
465 002 REMOVE AND REPLACE CURB INLET(TY A)
7 EA $2,000.00 $14,000.00 $4,150.00 $29,050.00
502 001 BARRICADES,SIGNS&TRAFFIC CONTROL
1 LS $4,500.00 $4,500.00 $10,000.00 $10,000.00
506 001 SEDIMENT CONTROL FENCE
160.0 LF $4.70 $752.00 $8.50 $1,360.00
506 002 SEDIMENT CONTROL GUTTER BUDDY
81 EA $75.00 $600.00 $79.00 $632.00
506 003 INSTALL AND REMOVE CONSTRUCTION EXIT
4 EA $1,400.00 $5,600.00 $550.00 $2,200.00
530 001 REMOVE&REPLACE 4"CONC.DRIVEWAY
100 SY $59.00 $5,900.00 $54.00 $5,400.00
5330 001 CLEAN AND TELEVISION INSPECTION
200.0 LF $3.40 $680.00 $7.50 $1,500.00
BID SUBTOTAL-THIS PAGE(LIGGIT) 1 1$162,589.40 $194,294.93
5of13
Sectioi,021,0,
BID TAB'
For construction of: Full-Depth Concrete Repair Construction
ALLCO APAC
For The City if Beaumont,Texas
...................-......... ...
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NATHAN REMOVE AND REPLACE CONCRETE PAVEMENT
100 001 PREP.R.O.W.
9.6 STA $235.00 $2,256.00 $480.00 $4,608.00
104 001 REMOVE CONC(PAVEMENT) 2936.0 SY $4.00 $11,744.00 $7.00 $20,552.00
132 001 EMBANKMENT
71.5 CY $36.50 $2,609.75 $17.00 $1,215.50
162 001 BLOCK SODDING
320 SY 1$5.20 $1,664.00 $3.00 $960.00
360 001 CONCRETE PAVEMENT(6-) 2936.0 SY $44.00 $129,184.00 $41.00 $120,376.00
400 001 1 SEWER EXCAVATION(TRENCH) 76.3 CY $57.00 $4,349.10 $10.00 $763.00
400 002 CEMENT STABILIZED BACKFILL
1 74.3 CY $63.50 $4,718.05 $52.25 $3,882.18
402 001 TRENCH EXCAVATION PROTECTION
10_4.0 LF 1$7.00 $728.00 $10.25 $1,066.00
464 002 REMOVE RCP&REPLACE W/18"HDPE
54.0 LF $48.00 $2,592.00 $139.00 $7,506.00
9000 002 1 REMOVE RCP&REPLACE W/18"RCP
54.0 LF
464 007 REMOVE RCP&REPLACE W/36"HDPE 50.0 LF $85.00 $4,250.00 $180.00 $9,000.00
9000 007 1 REMOVE RCP&REPLACE W/36"RCP 50.01 LF 1
465 002 1 REMOVE AND REPLACE CURB INLET(TY A) 5.0 EA $3,900.00 $19,500.00 1$4,150.00 $20,750.00
502 001 BARRICADES,SIGNS&TRAFFIC CONTROL
1 LS $4,600.00 $4,600.00 $10,000.00 $10,000.00
506 001 SEDIMENT CONTROL FENCE
100.0 LF .$4.70 $470.00 $9.50 $950.00
506 002 SEDIMENT CONTROL GUTTER BUDDY
5 EA $75.00 $375.00 $79.00 1 $395.00
506 003 INSTALL AND REMOVE CONSTRUCTION EXIT
4 EA $1,400.00 $5,600.00 $550.00 $2,200.00
530 001 REMOVE&REPLACE 4"CONC.DRIVEWAY
332 SY .$58.00 $19,256.00 $51.00 $16,932.00
531 001 REMOVE&REPLACE 4"CONC.SIDEWALK
3 SY $63.00 $189.00 $610.00 1 $1,830.00
560 001 BRICK MAILBOX REMOVE AND REPLACE
I EA $675.00 $675.00 $730.00 $730.00
5330 001 CLEAN AND TELEVISION INSPECTION 200.0 LF $3.40 $680.00 $7.50 $1,500.00
BID SUBTOTAL-THIS PAGE(NATHAN) $215,439.90 1$225,215.68
6 of 13
Section 0210
BID TAB
For construction of: Full-Depth Concrete Repair Construction
ALLCO APAC
For The City if Beaumont,Texas
X .. .. .................. ............................... . . . ...........................
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ROBINSON REMOVE AND REPLACE CONCRETE PAVEMENT
100 001 PREP.R.O.W.
1341 STA $235.00 $3,078.50 $450.00 $5,895.00
104 001 REMOVE CONC(PAVEMENT) 3877.0 SY $4.00 $15,508.00 $7.00 $27,139.00
132 001 EMBANKMENT
10441 CY $36450 $3,799.65 $17.00 $1,769.70
162 001 BLOCK SODDING
1 1 436.7 SY 1$5.20 $2,270484 $3.00 1 $1,310.10
360 001 CONCRETE PAVEMENT(6-) 3877.0 SY $44.00 $170,588.00 $39.50 $153,141.50
400 001 SEWER EXCAVATION(TRENCH) 108.1 CY $57400 $6,161.70 $9400 $972.90
400 002 CEMENT STABILIZED BACKFILL
1 116.1 CY $63w00 $7,31430 $52.25 $6,066.23
402 001 TRENCH EXCAVATION PROTECTION 177.0 LF $7.00 $1,239.00 $10.25 $1,814.25
464 002 REMOVE RCP&REPLACE W/18"HDPE
141.0 LF $47w00 $6,627.00 $137.50 $19,387w50
9000 002 1 REMOVE RCP&REPLACE W/18"RCP
141.0 LF
464 006 REMOVE RCP&REPLACE W/30"HOPE
36 LF 1$75.00 $2,700.00 $157.00 $5,652.00
9000 006 1 REMOVE RCP&REPLACE W/30"RCP 36 LF
465 002 REMOVE AND REPLACE CURB INLET(TY A) 10 EA $3,900.00 $39,000.00 $4,150.00 $41,500.00
502 001 BARRICADES,SIGNS&TRAFFIC CONTROL
1 LS $4,500.00 $4,500.00 $10,000.00 $10,000.00
506 001 SEDIMENT CONTROL FENCE
200.0 LF -$4.70 $940.00 $8.00 $1,600.00
506 002 SEDIMENT CONTROL GUTTER BUDDY 10 EA $75.00 $750w00 $79.00 $790.00
506 003 INSTALL AND REMOVE CONSTRUCTION EXIT
4 EA $1,400.00 $5,600.00 $550.00 $2,200.00
530 001 REMOVE&REPLACE 4"CONC.DRIVEWAY
356 SY .$58.00 $20,648.00 $51.00 $18,156.00
531 001 REMOVE&REPLACE 4"CONC.SIDEWALK
6 SY $63400 $378.00 $610.00 $3,660.00
560 001 BRICK MAILBOX REMOVE AND REPLACE
2 EA $675.00 $1,350.00 $725.00 $1,450.00
5330 001 CLEAN AND TELEVISION INSPECTION 480.0 LF $140 $1.632.00 $7.50 $3,600.00
BID SUBTOTAL-THIS PAGE(ROBINSON) $294,084.99 1$306,104.18
7 of 13
1;' j
BID TAB
For construction of: Full-Depth Concrete Repair Construction
ALLCO APAC
For The City if Beaumont,Texas
........................................................... ..............................
.. .............
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DEVON
361 001 FULL-DEPTH CONCRETE REPAIR 6" 649 SY $60.00 $38,940.00 $194.00 $125,906.00
502 001 BARRICADES, SIGNS &TRAFFIC CONTROL 1 LS $11,780.00 $11,780.00 $2,100.00 $2,100.00
IBID SUBTOTAL-THIS PAGE (DEVON) 1 1$50,720.00 1 1$128,006.00 1
8 of 13
Section 0210
BID TAB
For construction of: Full-Depth Concrete Repair Construction
ALLCO APAC
For The City if Beaumont,Texas
......... ............................................................................................................................ ..........
.............. ..... ... .......... .....................I...............
........................... ......... .... ...................................
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......................
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ELEVENTH STREET
132 001 EMBANKMENT 1 CY $36.50 $36.50 $17.00 $17.00
162 001 BLOCK SODDING 6 SY $5.20 $31.20 $3.00 $18.00
361 001 FULL-DEPTH CONCRETE REPAIR 10" 2091.1 SY 1$185.00 $386,853.50 $211.00 $441,222.10
400 001 SEWER EXCAVATION(TRENCH) 2 CY $57.00 $114.00 $39.50 $79.00
400 002 CEMENT STABILIZED BACKFILL 2 CY $63.00 $126.00 $59.50 $119.00
402 001 TRENCH EXCAVATION PROTECTION 24.0 LF 1$7.00 $168.00 $12.50 $300.00
438 001 CLEAN AND SEAL CRACKS 8000 LF $2.15 $17,200.00 $0.60 $4,800.00
464 002 REMOVE&REPLACE RCP(18 IN)W/18-HDPE 24 LF $52.00 $1,248.00 $301.00 $7,224.00
9000 002 1 REMOVE&REPLACE RCP(18 IN)W/18-RCP 24 LF 1
465 002 REMOVE AND REPLACE CURB INLET(TY A) 1 EA $3,900.00 $3,900.00 $4,150.00 $4,150.00
502 001 BARRICADES,SIGNS&TRAFFIC CONTROL 1 LS $20,435.00 $20,435.00 $5,000.00 $5,000.00
506 001 SEDIMENT CONTROL FENCE 20.0 LF 1$4.70 $94.00 $18.00 $360.00
506 002 SEDIMENT CONTROL GUTTER BUDDY 1 EA 1$75.00 $75.00 $79.00 $79.00
5330 001 CLEAN AND TELEVISION INSPECTION
50 LF $3.40 $170.00 $7.50 $375.00
11131D SUBTOTAL-THIS PAGE(ELEVENTH STREET) 1$430,451.20 1 $463,743.10
9 of 13
0210
.. section BID TAB
For construction of: Full-Depth Concrete Repair Construction
ALLCO APAC
For The City if Beaumont,Texas
.:........ .... : :::, ::,::i:,.:,.....:.:...................................'................"..........".."......"..............'......"...........'.."......................*..-.
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EAST LAVACA- FULL DEPTH CONCRETE REPAIR
132 001 EMBANKMENT 30.8 CY $36.50 $1,124w20 $17.50 $539.00
162 001 BLOCK SODDING 78 SY $520 $405.60 $3.00 $234.00
361 002 FULL-DEPTH CONCRETE REPAIR 9" 5238.51 SY $169.00 $885,306.50 .$202.00 $1,058,177.00
400 001 SEWER EXCAVATION(TRENCH) 227.5 CY $57.00 $12,967.50 $10.00 $2,275.00
400 002 CEMENT STABILIZED BACKFILL 152.5 CY $63.00 $9,607.50 $52.00 $7,930.00
402 001 TRENCH EXCAVATION PROTECTION 488.0. LF $7.00 $3,416.00 $10.25 .$5,002.00
438 001 CLEAN AND SEAL CRACKS 22500 LF $2.15 $48,375w00 $0.60 $13,500.00
464 002 REMOVE&REPLACE RCP(18 IN)W/18"HDPE 308 LF $52.00 $16,016.00 $300.00 $92,400.00
9000 002 1 REMOVE&REPLACE RCP(18 IN)W/18"RCP 3081 LF 1
464 004 REMOVE&REPLACE RCP(24 IN)W/24"HDPE 100 LF $63.00 $6,300.00 $310.00 $31,000.00
9000 004 1 REMOVE&REPLACE RCP(24 IN)W/24"RCP 100 LF
464 006 REMOVE&REPLACE RCP(30 IN)W/30"HDPE 80. LF $75.00 $6,000.00 $325.00 .$26,000.00
9000 006 1 REMOVE&REPLACE RCP(30 IN)W/30"RCP 80 LF
465 002 REMOVE AND REPLACE CURB INLET(TY A) 13 EA $3,900.00 $50,700.00 $4,150.00 $53,950.00
502 001 BARRICADES,SIGNS&TRAFFIC CONTROL 1, LS $44,200.00 $44,200.00 $10,000.00 1$10'000.00
506 001 SEDIMENT CONTROL FENCE
260 LF $4.70 $1,222.00 $8.00 $2,080.00
506 002 SEDIMENT CONTROL GUTTER BUDDY
13 EA $75.00 $975.00 $79.00 $1,027.00
531 001 REMOVE&REPLACE 4"CONC.SIDEWALK
3501 SY $58.00 1$20,300.00 $52.00 $18,200.00
5330 001 CLEAN AND TELEVISION INSPECTION 9751 LF $3.40 $3,315.00 $7.50 $7,312.50
BID SUBTOTAL-THIS PAGE(EAST LAVACA) $1,110,23030 $1,329,626.50
10 of 13
Section 0210
BID TAB
For construction of: Full-Depth Concrete Repair Construction
ALLCO APAC
For The City if Beaumont,Texas
. ...............................1................ ---------
�............ ........................... .......
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FOURTH STREET
132 001 EMBANKMENT
1 CY $36.00 $36.00 $17.00 $17.00
162 001 BLOCK SODDING
6 SY $5.20 $31.20 $3.00 $18.00
361 003 1 FULL-DEPTH CONCRETE REPAIR 10" 1074.7 SY 1$186.00 $199,894.20 $211.00 $226,761.70
400 001 SEWER EXCAVATION(TRENCH) 3 CY $57.00 $171.00 $26.00 $78.00
400 002 CEMENT STABILIZED BACKFILL
1 2 CY $63.00 $126.00 $59.50 $119.00
402 001 TRENCH EXCAVATION PROTECTION
1 24.0 LF 1$7.00 $168.00 $24.00 $576.00
438 001 CLEAN AND SEAL CRACKS
7200 LF $2.15 $15,480.00 $0.60 $4,320.00
464 002 REMOVE RCP&REPLACE W/18"HDPE
24 LF $52.00 $1,248.00 $300.00 $7,200.00
9000 002 1 1 REMOVE RCP&REPLACE W/18"RCP 24 LF 1
465 002 REMOVE AND REPLACE CURB INLET(TY A) 1 EA $3,900.00 $3,900.00 $4,150.00 $4,150.00
502 001 BARRICADES,SIGNS&TRAFFIC CONTROL 1 LS $15,700.00 $15,700.00 $5,000.00 $5,000.00
506 001 SEDIMENT CONTROL FENCE 20.0 LF 1$4.70 $94.00 $8.00 $160.00
506 1 002 SEDIMENT CONTROL GUTTER BUDDY I EA $75.00 $75.00 $79.00 $79.00
5330 1 001 CLEAN AND TELEVISION INSPECTION 50 LF $3.40 $170.00 $7.50 $375.00
BID SUBTOTAL-THIS PAGE(FOURTH STREET) �$237,093.40 $248,853.70
11 of 13
Section 0210
BID TAB
For construction of: Full-Depth Concrete Repair Construction
For The City if Beaumont,Texas ALLCO APAC
..........
..... .............................
....... .......
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.............................
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.............................................
PHELAN
361 001 FULL-DEPTH CONCRETE REPAIR 6" 24 SY $355.00 $8,520.00 $194.00 $4,656.00
502 001 BARRICADES, SIGNS &TRAFFIC CONTROL 1 LS $5,700.00 $5,700.00 $2,100.00 $2,100.00
IBID SUBTOTAL-THIS PAGE (PHELAN) 1— 1$14,220.00 $6,756.00
12 of 13
iion ud C
BID TAB
For construction of: Full-Depth Concrete Repair Construction
ALLCO APAC
For The City if Beaumont,Texas
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WASHINGTON BLVD
132 001 EMBANKMENT 10.6 CY $36.00 $381.60 $17.00 $180.20
162 001 BLOCK SODDING
54 SY $5.20 $280.80 $3.00 $162.00
361 002 FULL-DEPTH CONCRETE REPAIR 9"
1955 SY $186.50 $364,607.50 $202.00 $394,910.00
400 001 SEWER EXCAVATION(TRENCH) 96.2 CY $57.00 $5,483.40 $9.25 $889.85
400 002 CEMENT STABILIZED BACKFILL
88.9 CY $63.00 $5,600.70 $52.00 $4,622.80
402 001 TRENCH EXCAVATION PROTECTION
192.0 LF $7.00 $1,344.00 $10.00 $1,920.00
438 001 CLEAN AND SEAL CRACKS
10000 LF $2.15 $21,500.00 $0.60 $6,000.00
464 002 REMOVE&REPLACE RCP(18 IN)W/18"HDPE 96.0 LF $47.00 $4,512.00 $241.00 $23,136.00
9000 002 1 REMOVE&REPLACE RCP(18 IN)W/18"RCP
96.0 LF
464 003 REMOVE&REPLACE RCP(21 IN)W/21"HDPE 42.0 LF $60.00 $2,520.00 $265.00 $11,130.00
9000 003 1 REMOVE&REPLACE RCP(21 IN)W/21"RCP
42.0 LF
464 004 REMOVE&REPLACE RCP(24 IN)W/24"HDPE 19.0 LF $63.00 $1,197.00 $362.00 $6,878.00
9000 004 1 REMOVE&REPLACE RCP(24 IN)W/24"RCP
19.0 LF
464 006 REMOVE&REPLACE RCP(30 IN)W/30"HDPE 35.0 LF $75.00 $2,625.00 $373.00 $13,055.00
9000 006 1 REMOVE&REPLACE RCP(30 IN)W/30"RCP
35.0 LF
465 002 REMOVE AND REPLACE CURB INLET(TY A)
9 EA 1$3,900.00 $35,100.00 $4,150.00 $37,350.00
502 001 BARRICADES,SIGNS&TRAFFIC CONTROL
1 LS 1$19,000.00 $19,000.00 $5,000.00 $5,000.00
506 001 SEDIMENT CONTROL FENCE
180.0 LF $4.70 $846.00 $9.00 $1,620.00
506 002 SEDIMENT CONTROL GUTTER BUDDY
9 EA $75.00 $675.00 $79.00 $711.00
5330 001 CLEAN AND TELEVISION INSPECTION
384.0 LF $3.40 $1,305.60 $7.50 $2,880.00
BID SUBTOTAL-THIS PAGE(WASHINGTON BLVD) $466,978.60 1 $510,444.85
13 of 13
RESOLUTION NO.
WHEREAS, bids were solicited for a contract for the Full-Depth Concrete Repair
Rehabilitiation Construction Project; and,
WHEREAS, ALLCO, Inc. of Beaumont submitted a bid in the amount of
$4,280,266.65; and,
WHEREAS, City Council is of the opinion that the bid submitted by ALLCO, Inc. of
Beaumont should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by ALLCO, Inc. of Beaumont in the amount of$4,280,266.65 be
accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of May,
2008.
- Mayor Becky Ames -
2
May 13,2008
Consider approving the purchase of a grinder for use at the City's Landfill
RICH WITH OPPORTUNITY
1
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: May 13, 2008
REQUESTED ACTION: Council consider approving the purchase of a grinder from
Precision Husky of Moody, Alabama which is used to
convert yard waste into compost material at the City's
Landfill.
RECOMMENDATION
Administration recommends approval of the purchase in the amount of$484,175.
BACKGROUND
The Solid Waste Landfill Division of the Public Works Department uses the grinder to convert
yard waste into compost material. According to City Ordinance Section 28-21.11, yard waste is
prohibited from being buried at the Landfill. In addition to meeting the City Ordinance, the Solid
Waste Division receives a twenty(20)percent rebate from the Texas Commission on
Environmental Quality on Landfill taxes as long as the compost is for beneficial use. Compost
produced by the grinder is distributed to citizens free of charge.
Bids were received from four(4)vendors on three(3) specific grinder makes and models. There
is currently one(1)grinder in service, a 1995 model, which will be disposed of according to the
City's surplus property policies when the new unit is fully functional.
Bids received are as follows:
MODEL VENDOR PRICE
Precision Husky ProGrind Precision Husky $484,175
Vermeer TG7000 Vermeer Equipment 507,160
Morbark Model 1300 Morbark, Inc. 549,715
Vermeer TG7000 StarCo Solutions 830,777
Purchase of Tub Grinder
May 13, 2008
Page 2
The equipment is warrantied for one(1)year. Delivery is expected in 60 to 75 days.
BUDGETARY IMPACT
Funds are budgeted in the Solid Waste Fund.
RESOLUTION NO.
WHEREAS, bids were solicited for the purchase of a Tub Grinder for the Solid
Waste Landfill Division of the Public Works Department; and,
WHEREAS, Precision Husky ProGrind of Moody, Alabama submitted a bid in the
amount of$484,175; and,
WHEREAS, City Council is of the opinion that the bid submitted by Precision Husky
ProGrind of Moody, Alabama should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by ProGrind of Moody, Alabama in the amount of $484,175 be
accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of May,
2008.
- Mayor Becky Ames -
3
May 13,2008
Consider approving a contract for the 311 Citizen Call Center software
RICH WITH OPPORTUNITY
BEA,IIMON*
T • E • R • A • S
City Council Agenda. Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer
MEETING DATE: May 13, 2008
REQUESTED ACTION: Council consider a resolution authorizing the award of a
contract for the 311 Citizen Call Center software to Hansen
Information Technologies in the amount of$106,190.
RECOMMENDATION
Administration recommends awarding the contract to Hansen Information Technologies from
Rancho Cordova, California.
BACKGROUND
On April 3, 2008, the City of Beaumont received three(3)bids for the 311 Call Center software.
The lowest bid was submitted by Hansen Information Technologies which covers software,
training, implementation, and travel expenses. The annual software maintenance is$4,500. A bid
tabulation is listed below.
Hansen Technologies, Inc. $106,190 Annual Maintenance $ 4,500
Ascentium Corporation $171,000 Annual Maintenance $53,280
Active Network $126,625 Annual Maintenance $18,125
The Hansen solution meets the goals and objectives of the 311 Call Center to provide one point of
contact for all non-emergency requests for information and service over the web and phone. The
City plans to commence with the new service in September of 2008 with staff working M-F from 8
to 5. The City will be able to extend service to 24 hours/7 days a week in the future if the call
volume warrants it. The 311 Call Center will improve overall service, delivery quality and make
information more readily available to all City departments, the public, and the business community.
Also, the Administration can learn more about citizens' needs based on analysis of requests for
service and enable employees to deliver services with the appropriate tools, processes, and
information.
Hansen Information Technologies is currently installed in numerous municipal locations including
the City of Baton Rouge, City of Amarillo, and the City of Phoenix.
BUDGETARYIMPACT
311 SOFTWARE and MAINTENANCE
Call Center Software $22,500
Professional Services, Training and Implementation $45,100
Website Implementation $25,700
Travel Expenses $12,890
Total $106,190
Awarding of this bid will result in the purchase of the necessary servers and server license to
implement the software.
Funds are available in the FY08 Capital Reserve.
RESOLUTION NO.
WHEREAS, bids were solicited for a contract for the 311 Citizen Call Center
software; and,
WHEREAS, Hansen Information Technologies of Rancho Corodva, California,
submitted a bid in the amount of$106,190 as shown below:
Call Center Software $22,500
Professional Services, Training and Implementation $45,100
Dynamic Portal Implementation $25,700
Travel Expenses $12,890
Total $106,190
,and,
WHEREAS, City Council is of the opinion that the bid submitted by Hansen
Information Technologies of Rancho Corodva, California, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Hansen Information Technologies of Rancho Corodva,
California in the amount of $106,190 as shown above be accepted by the City of
Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of May,
2008.
- Mayor Becky Ames -
4
May 13,2008
Consider approving a contract for grounds maintenance services at Tyrrell Park
mCH WITH OPPORTUNITY
f
1' • E - x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: May 13, 2008
REQUESTED ACTION: Council consider awarding a contract to Perfect Cut Lawn
Care of Beaumont for grounds maintenance at Tyrrell Park.
RECOMMENDATION
Administration recommends approval of the contract with an estimated annual cost of$79,500.
BACKGROUND
Bids were solicited from eleven(11) companies to provide grounds maintenance services at
Tyrrell Park. Areas to be maintained include the right-of-way on Tyrrell Park Road, the lawn area
within the Tyrrell Park Garden Center, and the area enclosed by Babe Zaharias Drive. This
contract does not include the Henry Homberg Golf Course, Tyrrell Park Stables, Wetlands, or
horticultural maintenance at the Tyrrell Park Garden Club.
Grounds maintenance at the 125-acre park includes weekly mowing, edging, and sweeping during
the growing season, March 1 through November 30. The non-growing season, December 1
through February 28, requires biweekly mowing, edging, and sweeping of the grounds. Daily
litter removal is required throughout the year including weekends and holidays.
The grounds are divided into three(3) sections and bidders were instructed to submit quotes for
each section. The size of the park and its propensity to retain water are the main factors in
dividing the park in this manner. This provides a means for the City to pay the Contractor for
work complteted. The Contractor is required to complete each section and have it approved by
an inspector prior to beginning another section. A separate price for daily litter removal was also
requested.
Bids were received as follows:
C'ontract for Grounds Maintenance at Tyrrell Park
May 13, 2008
Page 2
Contractor Park Area Park Area Park Area Daily Litter Estimated
I II III Removal Annual
Cost
:Perfect Cut Lawn Care $500/cut $500/cut $750/cut $50/day $79,500
.Beaumont,TX
Garden of Gethsemane $630/cut $720/cut $1,080/cut $90/day $117,900
:Beaumont,TX
Based on the frequency of scheduled cuttings, there will be approximately 35 mowing cycles or
cuts per year. The Parks and Recreation Department is responsible for managing and monitoring
contract performance. The Parks Manager, at his discretion, may reduce the number of mowing
cycles if funding becomes unavailable or weather prohibits the Contractor from operating mowing
equipment on the grounds.
Administration recommends the contract be awarded to Perfect Cut Lawn Care of Beaumont.
This company has serviced Tyrrell Park before and has assured the City they can furnish the
equipment and labor necessary to meet the requirements of this contract. The new contract term
is one(1)year begininning May 19, 2008 with an option to renew for two(2) additional years
including a percentage increase based on the Consumer Price Index for all Urban Consumers
(cPI-U).
BUDGETARY IMPACT
Funds are available in the Parks and Recreation Department operating budget.
RESOLUTION NO.
WHEREAS, bids were solicited for an annual contract to provide grounds
maintenance services at Tyrrell Park; and,
WHEREAS, Perfect Cut Lawn Care of Beaumont submitted a bid for an estimated
cost of$79,500 as shown below:
Park Area I Park Area II Park Area III Daily Litter Estimated Annual
Removal Cost
$500/cut $500/cut $750/cut $50/day $79,500
and,
WHEREAS, City Council is of the opinion that the bid submitted by Perfect Cut
Lawn Care of Beaumont should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Perfect Cut Lawn Care of Beaumont in the estimated cost of
$79,500 as shown above be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of May,
2008.
- Mayor Becky Ames -
5
May 13,2003
Consider amending Chapter 28 of the Code of Ordinances related to utilities
RICH WITH OPPORTUNITY
I'Lo ► �
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Parks and Recreation Director
MEETING DATE: May 13, 2008
REQUESTED ACTION: Council consider amendments to Chapter 28, related to
utilities.
RECOMMENDATION
Administration recommends approval of the amendments proposed for Chapter 28.
BACKGROUND
As previously discussed, the Code of Ordinances is being updated and brought into accord with
current operational and management practices.
In accordance with the process that was put in place, the proposed changes to Chapter 28, related
to utilities, were provided to the City Council for review.
Following the plan, Chapter 28 is being brought forward for consideration and approval.
One remaining chapter of the Code will be brought forward in a subsequent week to complete the
review process.
BUDGETARYIMPACT
'The recodification will cost an estimated $20,000. Funds are available in the FY 2008 Operating
Budget.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28, ARTICLE
II, DIVISION 1, SECTIONS 28-20.1, 28-20.2, 28-20.5, 28-20.6 AND
28-20.14, DIVISION 2, SECTIONS 28-21.1, 28-21.2, 28-21.3,
SUBSECTION 28-21.6(d), SECTIONS 28-21.7 AND 28-21.9,
DIVISION 3, SECTION 28-22.3, DIVISION 4, SECTIONS 28-23.2,
28-23.3 AND 28-23.4, DIVISION 5, SECTION 28-24.1,
SUBSECTIONS 28-24.2(a), (b) and (d), AND SECTION 28-24.3,
DIVISION 6, SECTIONS 28-40, 28-41, 28-43 AND 28-44, ARTICLE
III, SUBSECTIONS 28-51(a) AND (e), 28-53(e), SECTION 28-55,
SUBSECTIONS 28-56(a) AND (b), 28-57(b)(5), (c), (e), Q), (k), (1),
(m), (n) AND (o), 28-58(b), (d)(1) AND (12), (e), (f)(2) AND (3),
(g)(1), (h), AND (i)(3) AND (4), 28-59(i)(2)c AND (q)(1)c, ARTICLE
IV, SECTIONS 28-80, 28-21 AND SUBSECTION 28-87(a),
ARTICLE V, SECTION 28-100 AND SUBSECTION 28-103(e)(3),
AND ARTICLE 28-112 THROUGH 28-115; AND REPEALING
ARTICLE IV, SECTION 28-88, ARTICLE VI, SECTIONS 28-116
THROUGH 28-120, AND ARTICLES VII, SECTIONS 28-130
THROUGH 28-140, 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 conform with current
law and court interpretation;
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
That Chapter 28, Article 11, Division 1, Section 28-20.1, be and the same is
hereby amended to read as follows:
Sec. 28-20.1. Definitions.
The following definitions shall apply in the interpretation and enforcement
of this article:
Sec. 28-20.1. Definitions.
The following definitions shall apply in the interpretation and enforcement of this
article:
Automated containers - any containers for refuse provided by the city having a
capacity of sixty (60) to ninety-six (96) gallons and equipped with wheels for mobility.
Building materials - any material such as lumber, brick, plaster, gutters or other
substances accumulated as a result of repairs or additions to existing buildings,
construction of new buildings or demolition of existing structures.
Bulk container- a metal container of not less than two (2) cubic yards nor larger
than ten (10) cubic yards, made of watertight construction with doors opening on two (2)
sides and top, and constructed so that it can be emptied mechanically by specially
equipped trucks. Containers shall be covered.
Business trash - any waste accumulation of dust, paper and cardboard, excelsior,
rags or other accumulations, other than garbage or household trash, which are usually
attendant to the operation of stores, restaurants, offices, churches, apartments and similar
businesses.
City- the City of Beaumont.
Commercial establishment - any retail, restaurant, manufacturing, wholesale,
institutional, religious, governmental or other nonresidential establishment at which
garbage or trash may be generated, and having connection to the city's water system.
Curbline - the area directly behind the curb. In the absence of a curb, the area
directly behind the edge of pavement.
Garbage - every accumulation of animal, vegetable, and other waste matter that
attends the preparations, handling, consumption, storage or decay of plant and animal
matter, including meats, fish and seafoods, birds, fruits, vegetable or dairy products and
the waste wrappers or containers thereof.
Hazardous refuse - materials such as poison, acids, caustics, chemical, infected
materials, offal, fecal matter, and explosives or as defined by the Texas Commission on
Environmental Quality.
Household trash - every waste accumulation of paper, sweepings, dust, rags,
bottles, cans, or other matter of any kind, other than garbage, which is usually attendant to
housekeeping.
Industrial waste-all waste, including solids, semisolids, sludges and liquids, created
by factories, processing plants or other manufacturing enterprises or as defined by the
Texas Natural Resource Conservation Commission.
Inspectors - person appointed by the department director authorized to enforce
health and sanitation, building, and sanitation codes or ordinances.
Landfill operations - performs sanitary landfill disposal services for the public.
Litter- any manmade or man-used object, organic or inorganic material, or solid
waste and specifically includes trash which is not placed in: a container, or an authorized
sanitary waste disposal site; or another approved area, depository, a vehicle designated for
transport or disposal of litter, trash, garbage or waste.
Loading and unloading area - any stream, river or lakeside or land dock, space or
area used by any moving vehicle for the purpose of receiving, shipping and transporting
goods, wares, commodities or persons.
Multiple residential unit - any duplex, apartments, group or apartments or
condominium used as a dwelling place for more than one family.
Person - any individual, firm, company, corporation, or association.
Postconsumer waste - a material or product that has served its intended use and
has been discarded after passing through the hands of a final user. For the purpose of this
article, the term does not include industrial or hazardous waste.
Portable packing unit-a metal container, not exceeding four thousand five hundred
(4,500) pounds gross weight, with four (4) to six (6) cubic yard capacity, that contains a
packing mechanism and an internal or external power unit.
Private collector-any person or firm engaging in the business of collecting, hauling
or transporting, in the city, any garbage, waste or refuse.
Refuse - all putrescible and nonputrescible solid and semisolid wastes, including
garbage, rubbish, and ashes.
Refuse container-a metal or plastic container for refuse, of substantial construction,
with a tight-fitting lid, and handles sufficient for safe and convenient handling for collection
at curbside. Except for those areas served by automated collection equipment, such
containers shall have a capacity of not more than thirty-two (32)gallons and a total weight,
when full, of not more than fifty (50) pounds or an empty weight of not more than ten (10)
pounds, and shall be kept in serviceable condition at all times. Any areas serviced by
automated collection equipment shall only use the automated containers as approved by
the director of public works. Any container which does not meet standards set by the city
manager or his designee shall be removed. Exceptions to these requirements may be
made by the director of public works or his designee.
Residentially zoned property- property zoned for only single family residential uses
under the zoning ordinances of the city.
Roll-off/roll-on container-a unit, varying in capacity between five(5)cubic yards and
forty (40) cubic yards, which is used for collecting, storing, and transporting building
materials, business trash, industrial waste, hazardous refuse, refuse or yard trash. The unit
may or may not use an auxiliary stationary packing mechanism for composition of materials
into the container and may be of the open or enclosed variety. The distinguishing feature of
the detachable container is that it is picked up by a specially-equipped truck and becomes
an integral part of the truck for transporting the waste material to the disposal site.
Single residential unit- any dwelling place occupied by one family.
Small dead animals - dead cats, dogs, small household pets and other animals of
similar size.
Solid waste division - performs garbage and trash collection services and disposal
services for the city.
Solid Waste Disposal Act-the Solid Waste Disposal Act, Chapter 361 of the Health
and Safety Code, VTCS, as amended and underthe authority of the Texas Commission on
Environmental Quality.
Tree and shrubbery trimmings - waste accumulation of tree branches, tree limbs,
parts of trees, bushes, shrubbery and cuttings or clippings created as refuse in the case of
trees or bushes.
Vacant property- property that does not contain any structure whatsoever.
White goods-major appliances such as refrigerators, freezers, washing machines,
dryers, hot water heaters, stoves, dishwashers, etc.
Yard waste - leaves, grass clippings, yard and garden debris, and brush, including
clean woody vegetative material not greater than six (6) inches in diameter, that results
from landscaping maintenance and land-clearing operations. The term does not include
stumps, roots, or shrubs with intact root balls.
Section 2.
That Chapter 28, Article II, Division 1, Section 28-20.2, be and the same is hereby
amended to read as follows:
Sec. 28-20.2. Administration and enforcement.
The administration and enforcement of the provisions of this article, including
provisions for refuse collection throughout the city, by both private contractors and the city,
shall be primarily the duty of the solid waste division with assistance from other city
departments.
Section 3.
That Chapter 28, Article II, Division 1, Section 28-20.3, be and the same is hereby
repealed.
Section 4.
That Chapter 28, Article II, Division 1, Section 28-20.4, be and the same is hereby
amended to read as follows:
Sec. 28-20.4. The Notice.
When an inspector issues a notice for a violation of this article, notice shall be
sufficient if served by:
(1) Attaching a correction notice upon the container to whom it is directed.
(2) Certified mail, with delivery reported, a copy of the notice to the last known
address of the person as shown on the current tax roll or water bill.
Section 5.
That Chapter 28, Article II, Division 1, Section 28-20.5, be and the same is hereby
repealed.
Section 6.
That Chapter 28, Article II, Division 1, Section 28-20.6, be and the same is hereby
amended to read as follows:
Sec. 28-20.6. Violation of article.
Unless otherwise specifically provided, a violation of any provision of this article shall
constitute a Class C misdemeanor and, unless the penalty for such violation is paid in
accordance with the provisions of this article, upon conviction thereof, the court may
impose a fine of not less than twenty-five dollars ($25.00) nor more than one thousand
dollars ($1,000.00).
Section 7.
That Chapter 28, Article ll, Division 1, Section 28-20.8, be and the same is hereby
amended to read as follows:
Sec. 28-20.8. Hazardous refuse not to be placed in collection containers; special
care and preparation required before placing certain refuse items in containers.
No infectious or pathological refuse or any other refuse that may cause a public
health hazard shall be placed in any container used for collection by the city or collection
by any private agency. The following are several types of special refuse items which shall
be given special care and preparation before disposing of the same in any refuse
container.
(1) Hypodermic instruments and other sharp articles. No person shall dispose of
or discard any hypodermic syringe, hypodermic needle or any instrument or
device for making hypodermic injections without prior placement in puncture
resistant container for disposal so as to avoid the possibility of causing injury
to the collection personnel.
(2) Ashes. Ashes that are to be collected by the city or private collectors must
have been wetted and cooled to the touch prior to collection. Ashes shall be
placed in suitable containers of such size and weight as stipulated in section
28-21.1 and shall not be placed with the normal refuse unless separately
wrapped, so that they will not cause injury to the collection personnel.
(3) Pressurized cans. All pressurized cans containing pesticides or any other
dangerous materials shall be released of all pressure before being deposited
in a container for collection by the city or any private collection agency.
(4) Glass. All broken glass or any type of glass that may cause injury to refuse
collection personnel shall be separately wrapped to prevent injury and placed
with the normal refuse.
(5) Pesticides. All pesticides and other poisonous containers shall be emptied
and triple rinsed before being placed for collection.
A violation of this section will result in a fee assessment of fifteen dollars ($15.00).
Section 8.
That Chapter 28, Article 11, Division 1, Section 28-20.11, be and the same is hereby
amended by adding subsection (d) to read as follows:
Sec. 28-20.11. Unlawful deposits generally; littering.
(d) A violation of this section will result in a fee assessment of fifteen dollars ($15.00).
Section 9.
That Chapter 28, Article 11, Division 1, Section 28-20.12, be and the same is hereby
amended to read as follows:
Sep;,. 28-20.12. Placing refuse or refuse containers on, in or over drainage
systems.
No person shall place any refuse or refuse container on, in or over any drainage
system. A violation of this section will result in a fee assessment of fifteen dollars($15.00).
Section 10.
That Chapter 28, Article 11, Division 1, Section 28-20.13, be and the same is hereby
amended to read as follows:
Sec:. 28-20.13. Property to be kept free of litter.
All owners or occupants shall maintain the real property owned or occupied by them
in a clean and litter-free condition. This section shall not be construed as prohibiting the
storage of refuse or litter in authorized containers for collection pursuant to the provisions
of this article. A violation of this section will result in a fee assessment of fifteen dollars
($15.00).
Section 11.
That Chapter 28, Article 11, Division 1, Section 28-20.14, be and the same is hereby
amended to read as follows:
Sec. 28-20.14. Interference with or damaging containers.
No person, other than employees of the city charged with such duty, shall interfere
with the contents of any refuse container set out for removal by the city or any private
collection agency, unless authorized by the city manager or his designee. It shall be
unlawful for any person to damage or destroy any refuse container placed at the curbline
for collection.
Section 12.
That Chapter 28, Article II, Division 2, Section 28-21.1, be and the same is hereby
arriended to read as follows:
Sec. 28-21.1. Containers generally.
All refuse to be collected by the city shall be stored in proper containers between
times of collection. Any container provided by the city shall not be filled to exceed two
hundred (200) pounds total weight and all refuse therein must fit inside the container. The
cover of any container shall be kept on at all times except when the container is being
filled, emptied or cleaned. Animal waste and ashes shall be wrapped separately from other
refuse in a manner to prevent spillage prior to placing the same in a container. All areas
serviced by the city shall use ninety-gallon round or ninety-six gallon containers as
approved by the city manager. All refuse shall be placed within the automated containers.
No other type of container is permitted for use in the automated collection areas.
Exceptions to these requirements may be made by the city manager or his designee. A
violation of this section will result in a fee assessment of ten dollars ($10.00).
Section 13.
That Chapter 28, Article ll, Division 2, Section 28-21.2, be and the same is hereby
amended to read as follows:
Sec:. 28-21.2. Solid waste collection service.
Standard residential solid waste collection service shall include:
(1) Once a week collection of one garbage container and bagged or
containerized yard waste. All materials shall be collected by separate
vehicles on the same day as designated by the city manager or his designee.
(2) Twice monthly collection of oversized tree and shrubbery trimmings,
household trash, and bulky items such as major appliances or furniture.
To receive service, the dweller of the property shall be current on the garbage
collection service fee in accordance with section 28-24.1.
Residential and commercial accounts are limited to three(3)containers. If additional
containers are obtained and then discontinued, there will be a six(6) month waiting period
to reapply for additional containers. Requests for additional containers must be submitted
in writing to the public works department. The person whose name appears on the account
moist sign the request.
Section 14.
That Chapter 28, Article 11, Division 2, Subsections 28-21.3(a), (b)and (c) be and the
same are hereby amended and subsection (d) added to read as follows:
Sep;,. 28-21.3. Points of collection.
(a) Refuse containers and yard waste which are collected by the city, shall be placed
on the curbline of a city right-of-way abutting their property by 7:00 a.m. on
scheduled day of collection. All containers must be removed from the curbline by
8:00 p.m. after collection on the day of collection.
(b) Garbage and trash collection service on private property may be provided, when
alleys or streets of sufficient width are available and all of the adjoining property
owners or the owners association by written document indemnify the city for
damages to curbs, alleys, pavements, and the private property of residents served.
(c) Some residents serviced by automated collection equipment may be required to
place the automated containers on the opposite side of the street from their
residence. Solid waste vehicles may travel against the flow of traffic on a one-way
street when so equipped with appropriate warning devices.
(d) A violation of this section will result in a fee assessment of ten dollars ($10.00).
Section 15.
That Chapter 28, Article 11, Division 2, Sections 28-21.4, 28-21-7 and 21-11 , be and
the same are hereby repealed.
Section 16.
That Chapter 28, Article 11, Division 2, Subsection 28-21.6(d) be and the same is
hereby amended to read as follows:
Sec. 28-21.6. Storage or preparation of yard trash, limbs, shrubbery, etc. for
collection.
(d) Collection of items such as building debris (lumber), shingles, siding, insulation,
brick, dirt, plaster, sand, gravel, large automobile parts, scrap metal, wire, dead
animals and other bulky or heavy material shall not be included in the regular
garbage and trash collection service furnished by the solid waste management
department. The owner shall have such debris removed at his own expense.
Section 17.
That Chapter 28, Article II, Division 2, Section 28-21.8 be and the same is hereby
amended by adding subsection (d) to read as follows:
Sec. 28-21.8. Unlawful to deposit yard waste in automated containers.
(d) A violation of this section will result in a fee assessment of fifteen dollars ($15.00).
Section 18.
That Chapter 28, Article 11, Division 2, Section 28-21.9 be and the same is hereby
amended to read as follows:
Sec. 28-21.9. Collection of white goods.
White goods must have doors taped shut or removed before placing on city streets.
White goods must be totally separated from all otherwaste to allow for separate collection.
White goods are prohibited from being buried on the landfill. White goods allowed at the
landfill must be deposited in the white goods recycling area as directed by the landfill
personnel. It shall be unlawful to deposit any materials other than white goods in the white
goods recycling areas.
Section 19.
That Chapter 28, Article 11, Division 2, Section 28-21.12 be and the same is hereby
amended to read as follows:
Sec. 28-21.12. Trash at vacant property.
Trash collection service will be provided to vacant property subject to the following
provisions:
(1) The property must be located in a residential zone.
(2) The property is not larger than one-half acre.
(3) The trash placed for collection is from normal vegetation maintenance such
as tree cuttings above the ground, grass clippings, or brush cutting.
(4) The property is not being cleared for construction purposes.
(5) Tree trimmings did not result from the selling of usable timber.
(6) The property owner must reside in a single family residence within the city
limits of Beaumont that is currently paying a solid waste fee on that
residence.
(7) The property is not being held for sale as part of a residential development.
(8) Only vegetative waste will be collected.
(9) Vegetation must not be obtained with machinery (i.e., a bulldozer) whereby
trees and stumps with root balls are included in the trash to be collected.
(10) The acceptable vegetative waste is placed at the curb in accordance with 28-
21.8 (c)(2) of the Code of Ordinances.
Section 20.
That Chapter 28, Article Il, Division 3, Section 28-22.3 be and the same is hereby
amended to read as follows:
Sec:. 28-22.3. Inspection of containers and vehicles.
All containers and vehicles owned or operated by private refuse collectors shall be
subject to inspection by officials of the city to insure safety compliance and to insure that
proper lids or covers are provided to prevent litter problems.
Section 21.
That Chapter 28, Article Il, Division 4, Subsections 28-23.2(a) and (d) be and the
same are hereby amended to read as follows:
Sec. 28-23.2. Same--Disposal permit.
(a) No person engaged in the business of collecting solid waste, refuse, debris or
garbage shall deposit such material at any city refuse disposal area, unless he has
a current refuse disposal permit issued by the director of public works or his
designated agent.
(d) The director of public works, or his designee, is hereby authorized to revoke or
suspend any permit issued under this section, to prevent the holder thereof from
utilizing the city refuse disposal areas, for good cause.
Section 22.
That Chapter 28, Article II, Division 4, Section 28-23.3 be and the same is hereby
amended to read as follows:
Sep;,. 28-23.3. Hours of operation.
The director of public works, with the approval of the city manager, is hereby
authorized to establish reasonable hours of operation for the city landfill.
Section 23.
That Chapter 28, Article II, Division 4, Section 28-23.4 be and the same is hereby
amended to read as follows:
Sec:. 28-23.4. Determination of acceptability of deposits.
The director of public works, or his designee, shall have the authority to determine
what solid waste, refuse or garbage shall be acceptable for deposit at the city landfill.
Section 24.
That Chapter 28, Article II, Division 5, Section 28-24.1 be and the same is hereby
amended to read as follows:
Sec. 28-24.1. Collection and removal charges--Residential service.
(a) The solid waste division shall systematically collect and remove garbage, trash and
yardwaste from premise used for residential purposes. All residences in the city are
subject to, and the owners or occupants are required to pay a collection services fee
except:
(1) Residences from which the owners or occupants are serviced by a private
collector as defined in this article.
(2) Residences on which the owners or occupants use an on-property disposal
method that is approved by the city, county, and state.
(3) Residences that are vacant and water service for which is discontinued.
(4) Owners of vacant residences who do not require water service, will not be
required to pay a garbage and trash collection fee.
(b) Garbage and trash rates. No rate adjustment will be made for temporary nonuse of
service. Nonpayment of the collection services fee shall be sufficient grounds for
discontinuance of city water service. The rate for collection outside the city limits
shall be one hundred fifty (150) per cent of the rate established for service inside
the city limits. No type of service will be offered residences exempted under section
28-20.9(c) or for vacant lots except as provided in section 28-21.12. If a business is
located in a part of a residence, a collection services fee shall be charged for each
connection to the city's water system. The following monthly rates apply for
collection services.
(1) The monthly rate for standard collection services per household unit shall be
fourteen dollars ($14.00) and shall consist of the following elements:
Garbage and trash collection................................................. $13.50
Litterremoval............................................................................. 0.50
The monthly fee for an additional container is two dollars and fifty cents
($2.50) per month. Single-family and owner-occupied residential units will be
charged a litter removal fee at a rate of fifty cents ($0.50) per unit. Multifamily
dwellings and/or rented properties of two (2) or more units will be charged a
litter removal fee at a rate of twenty-five cents ($0.25) per unit.
(2) The monthly collection fee for senior citizens shall be twelve dollars and
sixty-five cents ($12.65) and shall consist of the following elements:
Senior citizen garbage and trash collection ........................... $12.15
Litterremoval fee..................................................... ............ 0.50
The senior citizen garbage and trash collection fee shall apply to customers
residing in single-family residences who are sixty-five (65) years of age or
older. To obtain the senior citizen garbage and trash collection rate, eligible
persons must file a sworn application on a form provided therefor with the
central collections division. The rate shall remain in effect so long as the
customer residing in the single-family residence is sixty-five(65)years of age
or older.
Section 25.
That Chapter 28, Article II, Division 5, Subsections 28-24.2(a), (b) and (d) be and
the same are hereby amended to read as follows:
Sec. 28-24.2. Same--Public, business and commercial establishments.
(a) Applicability. All commercial establishments in the city are required to pay a
collection services fee except:
(1) Institutions that haul their own garbage.
(2) Institutions that have a private collector.
(3) Institutions that use an on-property disposal method that is approved by the
city, county, and state.
(4) Institutions that are vacant and the water service is discontinued.
(b) Nonpayment of the collection services fee shall be sufficient grounds for
discontinuance of city water and sewer serving the location.
(d) Commercial establishments may be provided, at their option, the same refuse
container service provided to residents. No separate trash service will be provided
to commercial establishments for trees, shrubs, white goods, or yard waste.
Section 26.
That Chapter 28, Article II, Division 5, Section 28-24.3 be and the same is hereby
amended to read as follows:
Sec. 28-24.3. Collection of charges.
The charges fixed herein for the removal and disposal of all garbage and trash shall
be entered by the city against the owner or occupant using or occupying any building or
structure receiving such service. To avoid duplication in billing and as a convenience to the
public, the city shall include such charges on the monthly city invoice.Any person who shall
fail or refuse to pay the charge herein specified within fifteen (15)days from the date of the
bill shall have his garbage service suspended and the director of public works shall be
notified immediately for appropriate action in accordance with the provisions of this article.
Section 27.
That Chapter 28, Article 11, Division 5, Subsection 28-24.4(a)(2) be and the same is
hereby repealed.
Section 28.
That Chapter 28, Article 11, Division 6, Section 28-40 be and the same is hereby
amended to read as follows:
Sec. 28-40. Disposal permit; condition for issuance of permit.
Upon filing of an application, the landfill superintendent shall grant such permit if the
following conditions have been met:
(1) Provision is available to lawfully dispose of the garbage, trash, waste or
refuse within the city landfill;
(2) The provisions of this article have been met;
(3) The proposed removal and disposition of such garbage, trash, waste or
refuse will not create a public nuisance; and,
(4) The vehicle for conveyance has been inspected and measured by the landfill
division;
(5) Applicant has been current in payment for previous disposal services.
Section 29.
That Chapter 28, Article 11, Division 6, Section 28-41 be and the same is hereby
amended to read as follows:
Sep:.. 28-41. Revocation of permit; appeal.
The permit herein authorized to be issued may be revoked by the landfill
superintendent at any time for the violation of or noncompliance with any of the provisions
of this article or the conditions under which it was issued and immediately upon such
revocation, the permit issued thereunder shall be surrendered to the landfill superintendent
or any of his duly authorized representatives; however, any person feeling aggrieved by
such revocation shall have the right to appeal to the director of public works for redress,
and such appeal shall be made either by personal appearance on the part of the aggrieved
party or by written communication addressed to the director of public works setting forth the
cause of complaint.
Section 30.
That Chapter 28, Article II, Division 6, Section 28-42 be and the same is hereby
amended to read as follows:
Sec. 28-42. Landfill--Vehicles entitled to unload.
All persons or businesses hauling into the city landfill shall deposit such material
only in the place designated by a landfill attendant. Such dumping shall only be from
Monday through Saturday during the hours of operation as determined by the public works
director.
Section 31.
That Chapter 28, Article Il, Division 6, Section 28-43 be and the same is hereby
amended to read as follows:
Sec. 28-43. Same--Unauthorized removal of material from.
It shall be unlawful for any person to remove trash, waste or refuse, or any material
frorn the city landfill without the written permission of the director of public works or his
designee.
Section 32.
That Chapter 28, Article Il, Division 6, Section 28-44 be and the same is hereby
amended to read as follows:
Sec. 28-44. Same--Materials not accepted.
Entrance to and dumping of the following at the city landfill shall not be allowed
without prior approval of the public works director or his designee:
(1) Junk automobiles;
(2) Human excrement;
(3) Inflammable liquids;
(4) Dangerous chemicals;
(5) Insecticides;
(6) Industrial chemicals or industrial solid waste;
(7) Waste oil or grease.
(8) Liquid waste;
(9) Other waste prohibited from landfill disposal by the Solid Waste Act.
Section 33.
That Chapter 28, Article III, Subsection 28-50(a) be and the same is hereby
amended to read as follows:
Sep;.. 28-50. Water service rates.
(a) The following rates per month shall be the rates charged for water service furnished
to customers within and outside of the corporate limits of the city except as provided
in paragraph (b) of this section.
Water/Sewer Rate Increase
November 1, 2007
Minimum Monthly Rates
WATER
Meter Inside City Outside City
Size/inches Rate Rate
5/8 $ 8.43 $12.65
1 9.33 13.99
1 1/2 10.23 15.34
2 12.77 19.16
3 25.95 38.93
4 31.46 47.19
6 56.70 85.04
8 77.99 116.97
10 107.33 161.00
12 133.80 200.71
Usage rate first 1,000 gallons Minimum Minimum
Over 1,000 gallons $ per 1,000 gallons $ 2.851 $ 4.28
Section 34.
That Chapter 28, Article III, Subsections 28-51(a) and (e) be and the same are
hereby amended to read as follows:
Sec. 28-51. Wastewater service rates.
(a) The following rates per month shall be the rates charged for wastewater services
furnished to customers within and outside of the corporate limits of the city where
the wastewater produced by such customers is a normal strength wastewater(150
mg/11b) except as provided in paragraph (b) of this section. Surcharges, when
applicable, shall be determined by the director based on the costs incurred by the
city for treating the wastewater.
Water/Sewer Rate Increase
November 1, 2007
Minimum Monthly Rates
SEWER
Meter Inside City Outside City
Size/Inches Rate Rate
5/8 $ 5.38 $ 8.07
1 5.48 8.21
1 1/2 5.56 8.34
2 6.05 9.06
3 6.84 10.25
4 10.02 15.04
6 16.42 24.61
8 20.07 30.11
10 27.37 41.05
12 34.66 51.98
Usage rate first 1,000 gallons Minimum Minimum
Over 1,000 gallons $ per 1,000 gallons $ 2.58 $ 3.88
(e) Commercial and industrial sewer usage charges shall be based on one-hundred
(100) percent of the metered water usage. In circumstances where a commercial or
industrial customer desires a credit for metered water being consumed but not being
returned to the sanitary sewer, it shall be the responsibility of the user to furnish to
the director of water utilities an engineering report, certified by a professional
engineer, that justifies and supports the discharge reduction as being a continuous
normal part of the process. Based on the data provided, the director of water
utilities may estimate said return or require submetering of the process water.
Meters used for submetering shall be furnished at the customer's expense and shall
be approved by the director of water utilities.
Section 35.
That Chapter 28, Article III, Subsection 28-53(e) be and the same is hereby
amended to read as follows:
Sec. 28-53. Connection to water and sewer systems and fees.
(e) Connection permits required; applications. Application for connection permits shall
be made in writing to the building official by the property owner or his authorized
agent.
Section 36.
That Chapter 28, Article III, Section 28-56 be and the same is hereby repealed.
Section 37.
That Chapter 28, Article 111, Subsections 28-57(b)(5), (c), (e), Q), (k)(2) and (5), (1)(1),
(3), (5) and (7), (m)(1), (2), (3)and (4), (n) and (o) be and the same are hereby amended to
read as follows:
Sec. 28-57. Cross-connection control and prevention.
(b) Cross-connections prohibited.
(5) No water service connection shall be made to any establishment where a
potential or actual contamination hazard exists unless the public water supply
is protected in accordance with the rules and regulations of the Texas
Commission on Environmental Quality (TCEQ) and this section. Water
service shall be discontinued by the city if a required backflow prevention
assembly is not installed, maintained, and tested in accordance with TCEQ
Rules and this section.
(c) Definitions. The following definitions shall apply to this section:
Air gap. The unobstructed vertical distance through free atmosphere between the
lowest opening from any pipe or faucet conveying water or waste to a tank, plumbing
fixture, receptor, or other assembly and the flood level rim of the receptacle. These vertical,
physical separations must be at least twice the diameter of the water supply outlet, never
less than one (1) inch (25 mm).
Auxiliary supply. Any water supply on or available to the premises other than the
city's approved public water supply. These auxiliary waters may include water from another
purveyor's public potable water supply or any natural sources, such as, but not limited to a
well, spring, river, stream, used waters, or industrial fluids. These waters constitute an
unacceptable water source over which the city does not have sanitary control.
Backf/ow. The undesirable reversal of flow in a potable water distribution system as
a result of a cross-connection.
Backf/ow prevention device or assembly. Any mechanical or physical means to
prevent backflow into the potable water system, including reduced pressure backflow
assemblies, double-check valve assemblies, atmospheric vacuum breakers, pressure
vacuum breaker assemblies, or air gap. All backflow prevention assemblies must be
approved by the city and shall have been manufactured in full conformance with the
standards established by the American Water Works Association and have met completely
the laboratory and field performance specifications of the Foundation for Cross-Connection
Control and Hydraulic Research of the University of Southern California established by
"Specification of Backflow Prevention Assemblies"of the most current issue of the Manual
of Cross-Connection Control.
City or the city. The City of Beaumont, Texas or its authorized representative,which,
for the purposes of implementation and enforcement of the backflow prevention program,
shall normally mean representatives of water utilities.
Commission or TCEQ. Texas Commission on Environmental Quality, regulatory
agency of the state.
Cross-connection. Any actual or potential connection or structural arrangement
between a potable water supply system and any plumbing fixture or any tank, receptacle
equipment or device, through which it may be possible for any nonpotable, used, unclean,
pollluted and/or contaminated water, or other contaminant, to enter into any part of such
potable water system under any condition or set of conditions.
Double check valve assembly. A backflow prevention assembly which consists of
two internally loaded check valves, either spring loaded or internally weighted, installed as
a unit between two tightly closing resilient-seated shutoff valves and fittings with properly
located resilient-seated test cocks.
Person. Any individual, partnership, associations, corporations, firms, clubs,
trustees, receivers, and bodies politic and corporate.
Plumbing code. The city's plumbing code as adopted under section 6-144 of the
Code of Ordinances of the city.
Potable water supply. Any water supply intended or used for human consumption or
other domestic use.
Public water system or supply. Any public or privately owned water system which
supplies water for public domestic use. The system will include all services, reservoirs,
facilities, and any equipment used in the process of producing, treating, storing, or
conveying water for public consumption. For the purposes of this section, this shall
normally mean the public water supply maintained by the city.
Premises. Any piece of property to which water is provided, including all
improvements, mobile structures, and structures located on it.
Recognized backflow prevention assembly tester. An individual meeting the
requirements of the most recent revisions to Title 30, Texas Administrative Code §
290.44(h)(4) and holding a current endorsement from the Texas Commission on
Environmental Quality or its designated agent, for the type of assembly being tested.
Reduced pressure principle assembly. A backflow prevention assembly consisting of
two independently acting approved check valves together with a hydraulically operating,
mechanically independent pressure differential relief valve located between the check
valves and below the first check valve. These units are located between two tightly closing
resilient-seated shutoff valves as an assembly and equipped with properly located resilient-
seated test cocks.
Water utilities director. Person in charge of the city water utilities department or
his/her designated representative.
(e) Cost of compliance. The cost of complying with these regulations shall be the
responsibility of the property owners and their lessees. These costs include but are
not limited to the purchase, installation, testing, and repair of backflow prevention
assemblies. These costs shall also include point-of-use and premise isolation
assemblies.
Q) Abatement by city.
(1) The city shall conduct a plumbing inspection or customer service inspection
on any residential or commercial establishment served by the city's public
water supply prior to providing continuous water service to all new
construction, on any existing service when the water utilities director has
reason to believe that cross-connections or other contaminant hazards exist,
or after any material improvement, correction, or addition to the customer's
private distribution facilities. The purpose of the inspection is to determine
compliance with this section and applicable portions of the city's plumbing
code relating to cross-connection control and unsafe plumbing practices.
Upon determination by the city that the residential or commercial
establishment falls under the provisions of this section and requires a
backflow prevention assembly, the water utilities director shall issue a notice
to abate the condition or order the establishment to install the proper
backflow prevention assembly(ies)commensurate with the degree of hazard.
A copy of the notice which is issued or caused to be issued by the water
utilities director shall be forwarded to the chief plumbing inspector of the city.
(2) An approved backflow prevention assembly shall be installed on each
service line or point of delivery to a consumer's water system whenever the
following conditions exist:
a. In the case of premises having an auxiliary water supply which is not
or may not be of safe bacteriological or chemical quality and which is
not acceptable as an additional source by the TCEQ or the city, the
public water system shall be protected against backflow from the
premises by installing an approved backflow prevention assembly in
the service line commensurate with the degree of hazard.
b. In the case of premises on which any industrial fluids or any other
objectionable substance is handled in such a fashion as to create an
actual or potential hazard to the public water system, the public
system shall be protected against backflow from the premises by
installing an approved backflow prevention assembly in the service
line commensurate with the degree of hazard. This shall include the
handling of process waters and waters originating from the city's
public water system which have been subject to deterioration in
quality.
C. In the case of premises having (1) internal cross-connections that
cannot be permanently corrected or protected against, or(2) intricate
plumbing and piping arrangements or where entry to all portions of
the premises is not readily accessible for inspection purposes, making
it impracticable or impossible to ascertain whether or not dangerous
cross-connections exist, the city's public water system shall be
protected against backflow from the premises by installing an
approved backflow prevention assembly in each service line.
(3) Using the city's plumbing code, TCEQ regulations and guidelines, and
American Water Works Association (AWWA) recommendations, the water
utilities director shall designate the type of backflow prevention assembly
required for each type of establishment or hazard. In the case of conflict
between these references, the more stringent standard shall apply.
(4) Any backflow prevention assembly required by this section shall be of a
model and size approved by the water utilities director.
(k) Fire hydrant protection. An approved double check valve backflow prevention
assembly or reduced pressure zone backflow prevention assembly shall be the
minimum protection for fire hydrant water meters which are being used for a
temporary water supply during any construction or other uses which would pose a
potential hazard to the city's public water supply. A reduced pressure zone backflow
prevention assembly must be installed if any contaminant other than the potable
water can be introduced into the system.
(2) Only fire hydrant water meters with approved backflow prevention
assemblies are allowed to be used on fire hydrants in the city public water
supply system. All fire hydrant meters shall be obtained from the city water
utilities department.
(5) It shall be a violation of this section for anyone other than authorized
employees of the city to open, tamper with, or use water from any fire
hydrant without the express written permission of the city water utilities
department.
(I) Installation requirements. Backflow prevention assemblies shall be installed in
accordance with the following requirements, to ensure their proper operation and
accessibility:
(1) Backflow prevention assemblies shall be installed in accordance with the
city's plumbing code and the manufacturer's instructions. All backflow
prevention assemblies installed in accordance with this section shall be
tested upon installation by a recognized backflow prevention assembly
tester. The test report shall be sent to the water utilities department within ten
(10) days of the installation. The assembly installer shall obtain the required
plumbing permits prior to installation as required by the city's plumbing code.
(3) When a backflow prevention assembly is installed to serve an entire
establishment, the assembly shall be installed at the service connection of
the water supply, before any branch in the line, and on private property
located just inside the boundary of the city's right of way. The water utilities
director may specify additional areas for installation of assemblies if needed.
(5) All vertical installations shall be approved in writing by the water utilities
director prior to installation.
(7) If an assembly is installed five (5) feet or higher above the ground or floor, it
shall be equipped with a suitable platform for use by testing or maintenance
personnel. This installation shall meet all applicable Occupational Safety and
Health Administration (OSHA) regulations and occupational safety and
health laws of the state.
(m) Annual inspections and maintenance.
(1) Regular inspections and testing of mechanical backflow prevention
assemblies shall be conducted at least once per year by a recognized
backflow prevention assembly tester on backflow prevention assemblies
which are installed to provide protection against health hazards, as defined
by TCEQ rules, AWWA standards, or as determined by the water utilities
director. The water utilities director may also require more frequent testing in
certain applications to protect against high health hazards. If upon inspection
of the backflow prevention assembly, it is deemed to not be operating
properly, it is the responsibility of the establishment to immediately make all
necessary repairs. It is the responsibility of the tester to report all assemblies
found not to be operating correctly to the water utilities department. Test
reports shall be submitted to the water utilities department within ten (10)
working days of the test. Only tests conducted by recognized backflow
prevention assembly testers and which are reported correctly on city report
forms shall be in compliance with this section.
(2) The maintenance and repair of any backflow prevention assembly shall be
the responsibility of the property owner of the premises, the lessee of the
premises, or both. The backflow prevention assembly is to be installed and
maintained in proper working order at all times, including repair as required.
All maintenance and repair of assemblies or assemblies shall be in
accordance with all applicable regulations of the TCEQ and with acceptable
industry practice. In the event that the water to an establishment may not be
turned off for testing of the backflow prevention assembly, the establishment
shall be equipped with dual backflow prevention assemblies of the same type
so that testing, repair, and maintenance may be performed.
(3) No backflow prevention assembly shall be removed from use, relocated, or
other assembly substituted without the approval of the water utilities director.
Whenever an existing backflow prevention assembly is moved from its
present location or cannot be repaired, the assembly shall be replaced with a
backflow prevention assembly in compliance with this section. The new
assembly shall be installed and tested in compliance with this section.
(4) Test gauges used for backflow prevention assembly testing shall be
calibrated at least annually in accordance with the American Water Works
Association's Recommended Practice for Backf/ow Prevention and Cross-
Connection Control(Manual M14) or the University of Southern California's
Manual of Cross-Connection Control. The water utilities director may require
calibration reports or other documentation of compliance with this
requirement.
(n) Emergency suspension of water utility service.
(1) The water utilities director may, without prior notice, suspend water service to
any premises when such suspension is necessary to stop an actual or
threatened backflow which:
a. Presents or may present imminent and substantial danger to the
environment or to the health or welfare of persons; or
b. Presents or may present imminent and/or substantial danger to the
city's public water supply.
(2) As soon as is practical after the suspension of service, the water utilities
director shall notify the owner or person in charge of the premises of the
suspension, in person or by certified mail, return receipt requested, and shall
order such person to correct the cross-connection which allowed the
backflow to occur. When time permits, the water utilities director should also
notify the owner or person in charge prior to suspending water service.
(3) The water utilities director shall not reinstate suspended services until:
a. The person presents proof, satisfactory to the water utilities director,
that the hazard has been eliminated and its cause determined and
corrected;
b. The person pays the city for all costs the city incurred in responding to
the backflow or threatened backflow; and
C. The person pays the city for all costs the city will incur in reinstating
service.
(4) A person whose service has been suspended, may appeal such enforcement
action to the water utilities director, in writing, within ten (10) days of notice of
the suspension.
(5) A person commits an offense if the person reinstates water service to the
premises suspended pursuant to this section, without the prior written
approval of the water utilities director.
(o) Non-emergency termination of water utility service.
(1) The water utilities director may terminate the city provided water supply of
any user who violates the following conditions:
a. Refusing the water utilities director reasonable access to the water
user's premises for the purpose of inspection;
b. Hindering or denying the water utilities director access to backflow
prevention assemblies;
C. Failing to install maintain, or test backflow prevention assemblies as
required by the water utilities director and this section; or
_- I
d. Failing to install, maintain, and operate their piping and plumbing
systems in accordance with the city's plumbing code.
(2) The water utilities director will notify a water user in writing of the proposed
termination of its water supply by certified mail, return receipt requested. The
water user may petition the water utilities director for a reconsideration of the
decision.
(3) Exercise of this enforcement option by the water utilities director shall not be
a bar to, nor a prerequisite for, taking any other action against the water
user.
(4) The water utilities director shall not reinstate suspended services until:
a. The person presents proof, satisfactory to the water utilities director,
that the condition has been eliminated and its cause determined and
corrected;
b. The person pays the city for all costs the city incurred in responding to
the backflow or threatened backflow; and
C. The person pays the city for all costs the city will incur in reinstating
service.
(5) A person commits an offense if the person reinstates water service to the
premises terminated pursuant to this section, without the prior written
approval of the water utilities director.
Section 38.
That Chapter 28, Article III, Subsections 28-58(b), (d)(1) and (12), (e), (f)(2)and (3),
(g)(1), (h), and (i)(3) and (4) be and the same are hereby amended to read as follows:
Sec. 28-58. Grease and grit traps.
(b) Definitions.
Biochemical oxygen demand (BOD). The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five (5)
days at twenty (20) degrees Celsius.
Bioremediation media. Bacterial cultures, enzymes, or other media which are
designed to eliminate or reduce the need for the mechanical cleaning of grease traps.
City or the city. The City of Beaumont, Texas, or its authorized representative,
which, for the purposes of implementation and enforcement of the grease and grit trap
program, shall normally mean representatives of water utilities.
Commercial grease generator. All commercial food preparation and food service
establishments that may discharge grease including, but not limited to bakeries, caterers,
butcher shops, cafes, clubhouses, delicatessens, hospitals, hotels, restaurants, schools,
institutions, or similar places where meat, poultry, seafood, dairy products, fried foods or
other foods are prepared or served, but shall not apply to any residence not used for the
commercial preparation and sale of food items or to an exempt establishment.
Commerciallindustrial grit generator. All commercial or industrial generators of liquid
waste containing petroleum-based oil and grease wastes, and inorganic solids including,
but not limited to automotive or heavy machinery repair and/or washing facilities. Those
facilities monitored under the city's federally and state approved pretreatment program
shall be exempted from the provisions of this section.
Director. The person in charge of water utilities for the city, or his/her authorized
representative.
Exempt establishment. A commercial establishment that:
(1) Operates for a maximum duration of ten (10) days in connection with an
annual event such as a fair, carnival, circus, public exhibition, or other public
gathering;
(2) Sells or serves prepackaged or precooked foods that would require warning
only or served without additional processing, no cooking;
(3) Serves only snow cones, drinks, or ice cream products;
(4) Bars and clubs serving drinks only and where no food is prepared;
(5) Produce markets without food grinders;
(6) Grocery or convenience stores without food preparation, meat cutting, or
packaging, delicatessens, or bakeries;
(7) Day care centers who primarily serve microwave dishes, using single service
items.
Food. Any substance, whether solid or liquid, and whether animal, vegetable, or fruit
origin, intended to be used or commonly used as a food for human consumption.
i
Food establishment. Any place where food is manufactured, packaged, produced,
processed, prepared, or served for commercial, public, or facility resident consumption.
The term includes any such place regardless of whether there is a charge for the food. The
term does not include private homes where food is prepared for individual family
consumption.
Generator. A person who causes creates, generates, stores, or otherwise produces
liquid waste or owns property upon which liquid waste is caused, created, generated,
stored, or produced, including but not limited to grease trap waste, grit trap waste, and food
waste as a by-product of a domestic or nondomestic activity other than merely as a result
of mere residence at a nonbusiness location. "Generator" as used in this section includes
both a commercial grease generator and a commercial/industrial grit generator.
Grease trap. A receptacle utilized by commercial or industrial generators of liquid
waste to intercept, collect, and restrict the passage or organic, inorganic, greasy or fatty
liquid, semi-liquid, and/or solid wastes into both public and private sanitary sewers to which
the receptacle is directly or indirectly connected.
Grease trap waste. Any organic, inorganic, greasy or fatty liquid, semi-liquid, and/or
solid wastes collected by and ultimately removed from a grease trap for proper disposal.
Grit trap. A receptacle utilized by commercial or industrial generators of liquid waste
to intercept, collect, and restrict the passage of petroleum-based oil and grease wastes and
inorganic or other solids into private and public sanitary sewers to which the receptacle is
directly or indirectly connected.
Grit trap waste. Oil and grease wastes and inorganic solids generated by
commercial, industrial, automotive or heavy machinery repair and/or washing facilities that
are! collected by and ultimately removed from a grit trap for disposal.
Manifest. The written, multi-part documentation detailing the generator of the grease
trap waste, who the transporter is, and the disposal facility for the waste.
POTW. Publicly owned treatment works as defined in 40 CFR Section 403.3,
including any amendments thereto; the municipal wastewater treatment system including
the sanitary sewer system.
Sampling port or sample well. An approved device or manhole installed in the facility
sewer specifically designed to facilitate sampling of the wastewater discharge.
Sanitary sewer. System of pipes, conduit, manholes, and treatment facilities owned
or operated by the city which collect, transport, and treat sanitary sewage, and to which
storm, surface, and ground waters are not intentionally or normally admitted.
Separator truck. A truck equipped with a tank or other liquid holding container
designed to separate the grease portion from the waste removed from a grease trap and to
return the other liquid portion to the trap.
Total suspended solids. The total suspended matter that floats on the surface of or
is suspended in water, wastewater, or other liquid, and which is removed by laboratory
filtering.
Water quality manager. The person in charge of the city's approved pretreatment
program.
(d) Responsibilities of generator.
(1) A generator shall provide grease traps or grit traps when, in the opinion of
the water quality manager, they are necessary for the proper handling of
wastewater. Appeals of the decision of the water quality manager shall be
handled as provided for under 28-57(f)(3)) hereof.
(12) A generator that is located in a multi-user building may be required to
separate sanitary sewer flows from adjacent sites and install a water
submeter to measure individual water consumption or utilize some other
method approved by the water quality manager or his designee.
(e) Bioremediation.
(1) It shall be unlawful for any generator to introduce, cause, or permit the
introduction of any bioremediation media into a grease trap except as
authorized by the water quality manager.
2 Bioremediation media may be used with the water quality manager's
( ) Y q Y 9
approval if a generator proves to the water quality manager's satisfaction
that:
a. The media will be a pure, live, bacterial product and will not contain
any surfactants, emulsifiers, or substances which act as a solvent for
fats, oils, or greases;
b. The amount of oil and grease discharged to the sanitary sewer after
the use of the media will not exceed the discharge limits for oil and
grease of 200 mg/I;
C. The pH of the discharge will not be less than 6.0 or greater than 11.0;
d. The use of the media will not reduce the buoyancy of the grease layer
in the grease trap and will not increase the potential of oil and grease
to be discharged to the sanitary sewer;
e. The media will not be destroyed by the use of domestic or commercial
disinfectants and detergents or hot water;
f. Any waste pumped from the grease or grit trap after use of the media
must be acceptable at disposal sites for the waste;
g. The use of the bioremediation media will not cause foaming in the
sanitary sewer.
(f) Request for exemption from the regulations of this section.
(2) If a generator believes that they do not need a grease or grit trap and do not
fall into any of the exempted categories they must submit to the water quality
manager the following information to prove their exemption:
a. The name, address, and telephone number of the business;
b. The name of the manager or other contact at the business;
C. A description of the business;
d. The type, size, and maintenance schedules of any wastewater
pretreatment devices;
e. The names of all haulers of any waste and recycled products who
have hauled from the business in the previous year;
f. A statement of whether employees are trained in waste disposal
practices;
g. A plan showing the locations of all water and sewer connections,
fixtures, sample ports, backflow prevention devices, and any other
treatment devices;
h. A copy of all printed menus if it is an eating establishment;
i. A description of any changes planned to the structure;
j. Any planned significant changes to the user's operation or system
which might alter the nature, quality, or volume of its wastewater;
k. A statement as to why the generator believes it qualifies for an
exemption;
I. Any other information as may be deemed necessary by the water
quality manager to evaluate the wastewater discharge.
i
(3) The water quality manager shall make a decision in regard to all requests.
Should the generator disagree with the decision of the water quality
manager, the generator may appeal such decision in writing within five (5)
days after the written decision of the water quality manager. The appeal shall
be to the water utilities director and shall include any evidence the generator
wishes to provide to prove that the required pumping of grease or grit traps is
not necessary. The decision of the water utilities director shall be final.
(g) Monitoring and surcharges for BOD/TSS concentrations.
(1) Generators shall, once a year, submit to the water utilities department, an
analytical report documenting the BOD and TSS concentration discharged to
the sanitary sewer. Samples will not be taken within one week of having the
grease or grit trap cleaned, exceptions shall be granted if the trap is being
pumped out on a weekly basis.
(h) Right of entry, inspection, and sampling.
(1) It shall be unlawful for a generator to refuse to allow the water quality
manager or their authorized representative to enter their premises during
business hours to determine whether the generator is complying with all the
requirements of this section. A generator shall allow the water quality
manager or their authorized representative access to all parts of the
premises for the purposes of inspection, sampling, records examination,
copying, and the performance of all other duties.
(2) If the water quality manager or their authorized representative has been
refused access to a building, structure, or property, or any part thereof, and
is able to demonstrate probable cause to believe there may be a violation of
this section, or that there is a need to inspect and/or sample as part of a
routine inspection and sampling program of the city designed to verify
compliance with this section, to protect the overall public health, safety, and
welfare of the community, or to protect the wastewater collection system or
POTW, then the water quality manager may seek issuance of a search
warrant from any court of competent jurisdiction.
(i) Penalties.
(3) The water quality manager may suspend water service and/or wastewater
service to a generator to stop an actual or threatened discharge which
presents or may present an imminent or substantial endangerment to the
health or welfare of persons, to the environment, or causes interference to
the POTW and/or the sanitary sewer system. Service may also be
suspended if the generator refuses to abide by this section or pay any
penalty issued.
(4) If a generator is penalized, they may file a written appeal to the water utilities
director. The appeal must include evidence proving that the generator did not
violate this section and the appeal must be filed within five (5) city working
days of the generator receiving the penalty. The decision of the water utilities
director shall be final.
Section 39.
That Chapter 28, Article III, Subsections 28-59(i)(2)c and (q)(1)c be and the same
are hereby amended to read as follows:
Sec. 28-59. Drought contingency.
(i)(2)c. TCEQ (required when mandatory restrictions are imposed) (triggers 4 and 5);
(q)(1)c. The city manager shall provide notice, by certified mail, to each wholesale
customer informing them of their monthly water usage allocations and shall notify
the news media and the executive director of the TCEQ upon initiation of pro rata
water allocation.
Section 40.
That Chapter 28, Article IV, Section 28-80 be and the same is hereby amended by
amending the following definitions to read as follows:
Sec. 28-80. Definitions.
As used in this article, the following terms shall have the respective meanings
ascribed to them:
Department: The water utilities department of the city.
Development:A subdivision, as defined in the city's subdivision regulations.
Director. The director of the water utilities department or his appointed
representative.
Pro rata: The charge per front foot of abutting land to be paid by the lot owner or
owner of a development to aid in defraying the cost of supplying sewer service or water
service (as the case may be) to their lot or site. The amount of the charge will be
determined by the department.
(a) Single pro rata: The charge based on the front footage of abutting land on
only one side of the street or easement.
(b) Double pro rata: The charge based on the front footage of abutting land on
both sides of the street or easement.
Section 41.
That Chapter 28, Article IV, Section 28-81 be and the same is hereby amended to
read as follows:
Sec. 28-81. Purpose and scope.
The purpose of this article is to establish a policy for the city for extending sanitary
sewer and water lines and for the sewer and water service connections to such extensions,
and to establish rules governing such extensions and connections. It is not the intention of
this article to obligate, and the city shall not be obligated to participate in or proceed with
any construction covered by this article when funds are not available or when, in the
discretion of the director of water utilities, the construction is not practical. It is not the
intention of this article to limit the right of the city to extend sanitary sewer or water lines at
its own cost and collect the charges herein set forth from the applicants for sewer or water
service, and such right is herein reserved. The city shall own all sewers and water lines,
including service connections, constructed and accepted under the terms of this article.
Section 42.
That Chapter 28, Article IV, Subsection 28-87(a)(2) be and the same is hereby
amended to read as follows:
Sec. 28-87. Construction requirements.
(a)(2) The contractor has public liability insurance acceptable to the city in the amount of
not less than two hundred fifty thousand dollars/five hundred thousand dollars
($250,000.00/$500,000.00) for bodily injury and twenty thousand dollars
($20,000.00) for property damage.
Section 43.
That Chapter 28, Article IV, Section 28-88 be and the same is hereby repealed.
Section 44.
That Chapter 28, Article V, Subsection 28-100 be and the same is hereby amended
by deleting the definition of Upset and adding or amending the following definitions to read
as Follows:
Act of God or Unpreventable Event: The affirmative defense that if a person can
establish that an event that would otherwise be a violation of this ordinance or permit
issued under the ordinance which was caused solely by an act of God, war, strike, riot, or
other catastrophe, and was unpreventable, then the event is not a violation of the
ordinance or permit.
Director.' The water utilities director of the City of Beaumont, or his authorized
deputy, agent or representative.
Section 45.
That Chapter 28, Article V, Subsection 28-103(e)(3) be and the same is hereby
amended to read as follows:
Sec. 28-103. Enforcement.
(e) Show cause hearing: The city may order any user who causes or allows an
unauthorized discharge to enter the waste treatment system to show cause before
the city council why the proposed enforcement action should not be taken. A notice
shall be served on the user specifying the date, time and place of a hearing to be
held by the city council regarding why the action is to be taken, the proposed
enforcement action, and directing the user to show cause before the city council
why the proposed enforcement action should not be taken. The notice of the
hearing shall be served personally or by registered or certified mail (return receipt
requested) at least ten (10) days before the hearing. Service may be made on any
agent or officer of a corporation.
(3) After the city council has reviewed the evidence, it may issue an order to the
user responsible for the discharge directing that, following a specified time
period, the sewer service be discontinued unless the unauthorized discharge
is properly treated, or otherwise prevented from entering the wastewater
treatment system, or proof of an act of God event is shown. Further orders
and directives as are necessary and appropriate may be issued.
Section 46.
That Chapter 28, Article V, Subsection 28-104(d) be and the same is hereby
amended to read as follows:
Sec. 28-104. Fees and surcharges.
(d) User surcharge: Users discharging industrial wastewater which exhibit none of the
characteristics of waste prohibited herein other than excessive oxygen demand and
suspended solids, but having a concentration in excess of normal sewage as
defined in section 28-100 as normal domestic wastewater may be accepted for
treatment if the user agrees to a surcharge over and above the regular sewer rates
as established by the city. The method for computing the surcharge shall be based
on the following formula:
Oxygen Demand Surcharge (BOD or COD)
Co= [Bc (AB)] Vu or Co=[Cc (AC)] Vu
Total Suspended Solids Surcharge (TSS)
Cs= [Sc (AS)] Vu
Total Surcharge
Ct= Co+Cs
Where:
Co = Surcharge for excessive BOD or COD, whichever is higher.
Cs = Surcharge for excessive total suspended solids.
Ct = Total surcharge.
Bc = BOD cost per milligram per liter per million gallons.
Cc = COD cost per milligram per liter per million gallons.
Sc = Total Suspended Solids cost per milligram per liter per million
gallons.
AB = User BOD - Normal BOD = (BOD-250).
AC = User COD - Normal COD = (COD-550).
AS = User TSS - Normal TSS = (TSS-300).
Vu = Volume from user per month in million gallons (MG).
Surcharges for BOD, COD, and TSS shall be as established under article III, section
28-51(a), water and sewer regulations generally.
The combined totals of the oxygen demand and suspended solids surcharges shall
equal the total surcharge to be billed. The basis for determining the surcharges shall
be reviewed as deemed necessary by the director and shall be adjusted to reflect
any change in wastewater treatment cost.
Determination of the average concentration of strength of the user's waste shall be
made by the city based on tests conducted on representative samples collected by
the city at least once each year. However, the user may request in writing that
parallel sampling and tests at all times be made by the user and the city, in which
case the surcharge may be made, assuming city approval of the user's test
methods, using the average of comparable values obtained by the user and the city.
Section 47.
That Chapter 28, Article VI, Section 28-112 be and the same is hereby amended to
change the title to read as follows:
Sec. 28-112. Centerpoint Energy--Definitions.
Section 48.
That Chapter 28, Article VI, Section 28-113 be and the same is hereby amended to
read as follows:
Sec. 28-113. Same--Natural gas supplied for individual use; resale or sharing
prohibited.
Natural gas supplied by Centerpoint Energy, its successors and assigns, is for the
individual use of the customer at one point of delivery and shall not be resold or shared
with others.
Section 49.
That Chapter 28 Article VI Section 28-114 be and the same is here p by amended to
read as follows:
Sec. 28-114. Same--Schedules of rates for natural gas, natural gas service.
Centerpoint Energy, its successors and assigns (hereinafter sometimes referred to
as-the "company"), is hereby authorized to place in effect the schedules of rates within the
city for the supply of natural gas and natural gas service, which schedules are on file in the
office of the city clerk.
Section 50.
That Chapter 28, Article VI, Section 28-115 be and the same is hereby amended to
read as follows:
Sec. 28-115. Same--Right of city council to regulate rates preserved.
Nothing contained in sections 28-112, 28-113 and 28-114 shall be construed as in
any manner, now or hereafter, limiting or modifying the right and power and original
jurisdiction of the city council of the City of Beaumont under the law to regulate the rates
charged by Centerpoint Energy, its successors and assigns, within the city.
Section 51.
That Chapter 28, Article VI, Sections 28-116 through 28-120 be and the same are
hereby repealed.
Section 52.
That Chapter 28,Article VII, Section 28-132 be and the same is hereby amended to
read as follows:
Sec. 28-132. Amount of rental.
Upon the first day of August of each year every person occupying or using the
streets, highways, easements, alleys, parks or other public places in the city with poles,
pipes and for other fixtures shall, as a condition to such further occupancy, pay to the city
annually for such privileges a rental equal to a statutory or negotiated amount for use of
city rights-of-way.
Section 53.
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 54.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 55.
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 13th day of
May, 2008.
- Mayor Becky Ames -
Chapter 28 UTILITIES*
*State law references: As to authority generally, see VTCS, Art. 1175 (11, 13, 15, 19,
29); as to city-owned utilities, see Arts. 1106--1132.
Art. I. In General,§§28-1--28-20
Art. II. Solid Waste Disposal,§§28-20.1--28-49
Div. 1. Generally,§§28-20.1--28-20.14
Div.2. Collection by City, §§28-21--28-21.13
Div.3. Private Collectors,§§28-22--28-22.4
Div.4. City Landfill,§§28-23--28-23.6
Div. 5. Service Fees,§§28-24--28-38
Div. 6. Miscellaneous, §§28-39--28-49
Art. III. Water and Sewer Regulations Generally, §§28-50--28-79
Art. IV. Water and Sewer Line Extensions,§§28-80--28-99
Art.V. Industrial Wastes Standards,§§28-100--28-109
Art.VI. Service Rates of Regulated Companies,§§28-110--28-129
Art. VII. Street Rental, §§28-130--28-140
Art. VIII. Watershed Protection Regulations,§28-141
ARTICLE I. IN GENERAL
Sec. 28-1. Tampering with apparatus, placing posters thereon.
It shall be unlawful for any person to tamper with, molest or use in any manner,
the poles, wires, crossarms, lamps, hoods, switches, cutoffs, connections, or any part of
the lines or apparatus belonging to the city or any person within the city, and no person
shall have the right to place upon the poles belonging to the city or such person any
handbills, notices, cards, advertising bills, placards or any written, printed or painted
matter, either by posting, tacking, suspending or any other mode of fastening.
(Code 1958, § 39-1)
Sec. 28-2. Interference of installations with private property.
It shall be unlawful for any person in the erection, repair and maintenance of his
wires, poles or other appliances, to, without consent, interfere with, injure, molest,
damage or fasten to, and connect with, the shade trees, buildings and improvements of
any property holder within this city.
(Code 1958, § 39-2)
Sec. 28-3. Underground installations, furnishing plan, permission to lay.
Companies having underground pipage system or underground wires shall be
required to furnish the city engineer with the map showing streets, alleys and sidewalks
occupied by the pipage or underground wire system and the dimensions of the pipes
used, and no such company shall be allowed to repair or put in new pipes or wires
without first obtaining permission of the city engineer, and first filing in the office of the
city engineer a map showing the territory to be occupied by the pipage or wire system
and the dimensions of the pipe to be used. No such company shall be allowed to
continue the occupancy of the streets of the city unless it complies with the above
provisions.
(Code 1958, § 39-3)
Sec. 28-4. Cable television or community antenna system operation
without franchise prohibited.
(a) No person, partnership, corporation or association shall construct, operate or
maintain in, upon, along, across, over and under the streets, alleys, easements
and public places located within the city a cable television system or community
antenna system or any other related system for the interception, transmission
and distribution of audio and video signals including television without first
obtaining a franchise from the city council.
(b) In case any cable television system or community antenna system is operated or
attempts to operate in, upon, along, across, over and under any of the streets,
alleys, easements and public places of the city, then in addition to other remedies
available the city council shall have the authority to institute on behalf of the city
and in the name of the city any proper action or proceeding to correct or abate
such violations as outlined above.
(Code 1958, § 23-5.1)
Sec. 28-5. Bus fares--Schedule of regular fares.
The following fares shall be in effect for the city transit system's fixed route and
charter services:
Rate
of
Type of Fare Fare
(1) Adult fare, persons 19 years of age and older..................... ............$ 1.25
(2) Reduced fare, elderly, disabled or persons aged 6 to 18 years...........0.75
(3) Children's fare, age 5 and under.........................................................Free
Children under six must be accompanied by fare-paying passenger.
(4) Transfers.............................................................................................0.25
(5) Adult monthly pass card, per month..................................................40.00
This card entitles an adult purchaser to unlimited ridership in the month
for which such card is issued and shall be nontransferable.
(6) Reduced monthly pass card, per month........................................... 20.00
(7) All persons utilizing a fare other than an adult fare shall provide proof of
eligibility, if requested by the driver, upon boarding the bus.
(Code 1958, § 9-1; Ord. No. 75-56, § 1, 7-16-75; Ord. No. 81-20, § 1, 3-24-81; Ord. No.
81-90, § 1, 11-17-81; Ord. No. 82-95, § 1, 8-24-82; Ord. No. 83-22, § 1, 3-1-83; Ord. No.
83-146, § 1, 11-1-83; Ord. No. 83-154, § 1, 12-6-83; Ord. No. 86-31, § 1, 3-25-86; Ord.
No. 91-61, § 1, 8-6-91; Ord. No. 94-60, § 1, 12-13-94; Ord. No. 00-24, § 1, 3-7-00; Ord.
No. 01-076, § 1, 10-2-01; Ord. No. 03-055, § 1, 7-22-03)
Cross references: Vehicles for hire, Ch. 29.
Sec. 28-6. Same--Schedule of special fares.
(a) Definitions:
(1) Young person:Any person who is six (6) to eighteen (18) years of age.
(2) Elderly person: Any person having reached or passed sixty-five (65)
years of age.
(3) Handicapped person: Any person who, by reason of illness, injury, age,
congenital malfunction, or other permanent or temporary incapacity or
disability, is unable, without special facilities, planning, or design to use
mass transit services or facilities as effectively as persons who are not so
affected.
(4) Transit-restricted. Nonambulatory persons who, for all practical purposes,
are confined to wheelchairs.
(5) Transit-limited. Semi-ambulatory persons who, although handicapped to
some extent, can walk with difficulty; generally included are persons who
use crutches, orthopedic canes, walkers and require special lifts, ramps,
other equipment or personal aides; persons with acute heart or
respiratory ailments; or those who are visually impaired (legally blind).
Persons must be unable to effectively use regular transit.
(b) The following fares and regulations shall be in effect for the Beaumont Transit
System's fixed route services:
(1) Elderly and handicapped person fares, one-way trip........................$ 0.35
Transfers for elderly or handicapped persons shall be free.
Elderly and/or handicapped persons must be able to present proof of
eligibility, if requested by the driver, upon boarding the bus.
(2) Young persons, elderly and handicapped persons monthly pass card, per
month................................................................................................ 15.00
This card entitles the holder to unlimited ridership on fixed route services
in the month for which such card is issued and shall be nontransferable.
Persons utilizing the card must be able to present proof of eligibility, if
required, when purchasing the pass card. A person may purchase a pass
for another but must present that person's proof of eligibility when
purchasing the pass card.
(3) Transit identification cards.
In lieu of other proof of eligibility, young or elderly persons may purchase
transit identification cards at locations designated by the city. The city will
charge a fee sufficient to cover the cost of the issuance and preparation
of the cards. A youth or elderly person, or someone appearing in their
behalf, must present proof of age (i.e., birth certificate, driver's license,
student identification or other acceptable document) with the completed
application.
Handicapped persons will be required to purchase a transit identification
card, but may submit an application through the mail. Applications shall
include proof of disability from a medical doctor or proof of disability from
a medical doctor or proof of disability from a governmental agency with
appropriate legal authority to certify a person as handicapped. Cards
issued to young, elderly and handicapped persons are nontransferable.
(c) The following fees and regulations shall be in effect for the Beaumont Transit
System's special transit services. Special transit services are intended for use by
transit-restricted persons, transit-limited persons, and their medical attendants
and accompanying passengers.
(1) Transit-restricted or transit-limited person's fare, one-way trip .........$2.50
Monthlypass................................................................................... 180.00
1 Clients of social service agencies would be eligible for monthly pass.
Transit-restricted or transit-limited persons fare. Fully allocated
cost...................................................................................................20.00
(2) One medical attendant with a transit-limited or transit restricted
person ................................................................................................Free
(3) Other passenger(s) accompanying transit-limited or transit-restricted
person (on a space available basis):
1. Adult fare, persons 19 years of age and older, one-way trip.... 1.50
2. Young person's fare, persons aged 6 and 18 years, one-way
trip........................................................................................... 1.50
3. Children's fare, age 5 and under..............................................Free
(4) Special transit services (STS) monthly pass card, per month............40.00
This card entitles transit-limited or transit-restricted persons to unlimited
ridership on special transit services in the month for which such card is
issued and shall be nontransferable. Persons utilizing the card must be
able to present proof of eligibility, if requested, when purchasing the pass
card. A person may purchase a pass for another but must present that
person's proof of eligibility when purchasing the pass card.
(5) Special transit services (STS) identification cards: In order to use special
transit services, transit-limited and transit-restricted persons must
purchase identification cards. Cards may be purchased through the mail
or at locations designated by the city. The city will charge a fee sufficient
to cover the cost of issuance and preparation of the cards. A transit-
limited or transit-restricted person, or someone appearing in their behalf,
must present proof of disability from a medical doctor. Cards issued to
transit-limited and transit-restricted persons are nontransferable.
(Code 1958, § 9-1; Ord. No. 75-56, § 1, 9-16-75; Ord. No. 81-20, § 2, 3-24-81; Ord. No.
81-90, § 2, 11-17-81; Ord. No. 82-95, § 2, 8-24-82; Ord. No. 83-22, § 1, 3-1-83; Ord. No.
87-69, § 1, 9-8-87; Ord. No. 91-37, § 1, 4-30-91; Ord. No. 94-60, § 1, 12-13-94; Ord. No.
01-076, § 1, 10-2-01; Ord. No. 01-089, § 1, 10-23-01; Ord. No. 03-055, §2, 7-22-03)
Sec. 28-7. Reserved.
Editor's note: Ord. No. 05-028, § 1, adopted March 22, 2005, amended the Code by
repealing former§ 28-7 in its entirety. Former§ 28-7 pertained to the transit advisory
committee; and derived from Ord. No. 84-88, adopted June 26, 1984; and Ord. No. 91-
12, adopted February 19, 1991.
Secs. 28-8--28-20. Reserved.
ARTICLE II. SOLID WASTE DISPOSAL*
*Editor's note: Ord. No. 92-7, § 1, adopted Jan. 28, 1992, amended Art. II to read as
herein set out in Div. 1, §§ 28-20,1--28-20.15, Div. 2, §§ 28-21,1--28-21.11, Div. 3, §§
28-22,1--28-22.4, Div. 4, §§ 28-23,1--28-23.6, Div. 5, §§ 28-24,1--28-24.4, Div. 6, §§ 28-
40--28-45. Prior to inclusion of said ordinance, Divs. 1--6 pertained to similar subject
matter and derived from Ord. No. 88-97, § 1, adopted Nov. 11, 1988; Ord. No. 91-84, §
1, adopted Oct. 8, 1991.
Cross references: Prohibition against littering parks, § 205(b).
State law references: Accumulations declared nuisances, VTCS, Art. 4477-1, § 2(f);
abatement by city, Art. 4436; abatement by health officer, art. 4477-1, § 3(b); Solid
Waste Disposal Act, Art. 4477-7.
DIVISION 1. GENERALLY
Sec. 28-20.1. Definitions.
The following definitions shall apply in the interpretation and enforcement of this
article:
Automated containers aneaR6 - any containers for refuse provided by the city
having a capacity of sixty (60) to ninety-six (9096) gallons and equipped with wheels for
mobility.
Building materials means r- any material such as lumber, brick, plaster, gutters or
other substances accumulated as a result of repairs or additions to existing buildings,
construction of new buildings or demolition of existing structures.
Bulk container FneaRS - a metal container of not less than two (2) cubic yards nor
larger than ten (10) cubic yards, made of watertight construction with doors opening on
two (2) sides and top, and constructed so that it can be emptied mechanically by
specially equipped trucks. Containers shall be covered.
Business trash FAeaR6 - any waste accumulation of dust, paper and cardboard,
excelsior, rags or other accumulations, other than garbage or household trash, which are
usually attendant to the operation of stores, restaurants, offices, churches, apartments
and similar businesses.
City FneaRs -the City of Beaumont.
Commercial establishment Fneaas—=any retail, restaurant, manufacturing,
wholesale, institutional, religious, governmental or other nonresidential establishment at
which garbage or trash may be generated, and having connection to the city's water
system.
Curbline FneaRS - the area directly behind the curb. In the absence of a curb, the
area directly behind the edge of pavement.
Garbage FneaR6 - every accumulation of animal, vegetable, and other waste
matter that attends the preparations, handling, consumption, storage or decay of plant
and animal matter, including meats, fish and seafoods, birds, fruits, vegetable or dairy
products and the waste wrappers or containers thereof.
Hazardous refuse aneaR materials such as poison, acids, caustics, chemical,
infected materials, offal, fecal matter, and explosives or as defined by the Texas dal
Commission on Environmental Quality.
Household trash FneaR6 _every waste accumulation of paper, sweepings, dust,
rags, bottles, cans, or other matter of any kind, other than garbage, which is usually
attendant to housekeeping.
Industrial waste aneaRs-_all waste, including solids, semisolids, sludges and
liquids, created by factories, processing plants or other manufacturing enterprises or as
defined by the Texas Natural Resource Conservation Commission.
Inspectors Fneaes-_person appointed by the department director authorized to
enforce health and sanitation, building, and sanitation codes or ordinances.
Landfill e►ivisie�-operations
designated-te_ performs sanitary landfill disposal services for the public.
Litter Fneaes-_any manmade or man-used object, organic or inorganic material,
or solid waste and specifically includes trash which is not placed in: a container, or an
authorized sanitary waste disposal site; or another approved area, depository, a vehicle
designated for transport or disposal of litter, trash, garbage or waste.
Loading and unloading area aaeaR6 - any stream, river or lakeside or land dock,
space or area used by any moving vehicle for the purpose of receiving, shipping and
transporting goods, wares, commodities or persons.
Multiple residential unit aneaes=any duplex, apartments, group or apartments or
condominium used as a dwelling place for more than one family.
Person Fneaes=any individual, firm, company, corporation, or association.
Postconsumer waste aneaR6 - a material or product that has served its intended
use and has been discarded after passing through the hands of a final user. For the
purpose of this article, the term does not include industrial or hazardous waste.
Portable packing unit naeaR6 - a metal container, not exceeding four thousand
five hundred (4,500) pounds gross weight, with four (4) to six (6) cubic yard capacity,
that contains a packing mechanism and an internal or external power unit.
Private collector eneaR6 - any person or firm engaging in the business of
collecting, hauling or transporting, in the city, any garbage, waste or refuse.
These reGyGlable material.6 _;;FA_ MG-t G9_A_Gid_63F8d_ 60-lid- 4A.9-AGUBG WRle66 they-a4:9
Riqr.tiep 261 4P7
PFGdUGt&-.:
Refuse Fneaas-=all putrescible and nonputrescible solid and semisolid wastes,
including garbage, rubbish, and ashes.
Refuse container eneaRG - a metal or plastic container for refuse, of substantial
construction, with a tight-fitting lid, and handles sufficient for safe and convenient
handling for collection at curbside. Except for those areas served by automated
collection equipment, such containers shall have a capacity of not more than thirty-two
(32) gallons and a total weight, when full, of not more than fifty (50) pounds or an empty
weight of not more than ten (10) pounds, and shall be kept in serviceable condition at all
times. Any areas serviced by automated collection equipment shall only use the
automated containers as approved by the director of public
works. Any container which does not meet standards set by the
city manager or his designee shall be removed. Exceptions to these
requirements may be made by the director of selid wa6te rnaRageM9RtQublic works or
his designee.
Residentially zoned property means property zoned for only single family
residential uses under the zoning ordinances of the city.
Roll-off/roll-on container meaRG - a unit, varying in capacity between five (5)
cubic yards and forty (40) cubic yards, which is used for collecting, storing, and
transporting building materials, business trash, industrial waste, hazardous refuse,
refuse or yard trash. The unit may or may not use an auxiliary stationary packing
mechanism for composition of materials into the container and may be of the open or
enclosed variety. The distinguishing feature of the detachable container is that it is
picked up by a specially-equipped truck and becomes an integral part of the truck for
transporting the waste material to the disposal site.
Single residential unit meaes=any dwelling place occupied by one family.
Small dead animals eneaRs-_dead cats, dogs, small household pets and other
animals of similar size.
Solid waste management depagmeRLdivision
performs garbage and
trash collection services, landfill wa steand disposal services and FqGYGliR or the city.
Solid Waste Disposal Act means-_the Solid Waste Disposal Act, °r+inle 4477-
-7Chapter 361 of the Health and Safety Code, VTCS, as amended and under the
authority of the Texas Commission on Environmental Quality.
Tree and shrubbery trimmings mea+G- waste accumulation of tree branches,
tree limbs, parts of trees, bushes, shrubbery and cuttings or clippings created as refuse
in the case of trees or bushes.
Vacant property meaps property that does not contain any structure
whatsoever.
White goods means - major appliances such as refrigerators, freezers, washing
machines, dryers, hot water heaters, stoves, dishwashers, etc.
Yard waste Fnean6 leaves, grass clippings, yard and garden debris, and brush,
including clean woody vegetative material not greater than six (6) inches in diameter,
that results from landscaping maintenance and land-clearing operations. The term does
not include stumps, roots, or shrubs with intact root balls.
(Ord. No. 92-7, § 1, 1-28-92; Ord. No. 94-35, § 1, 7-12-94; Ord. No. 00-63, § 1, 8-15-00)
Sec. 28-20.2. Administration and enforcement.
The administration and enforcement of the provisions of this article, including
provisions for refuse collection throughout the city, by both private contractors and the
city, shall be primarily the duty of the solid waste maRaqemGRt depaFtmeRtdivision with
assistance from the PUbliG safety departmentother city departments.
(Ord. No. 92-7, § 1, 1-28-92)
0o ions 28-20.8, 28-20.11, 28-20.12, 28 20.43, 28-24.1, 28 21.3, 28-21.4, 29-24.9,
20.14, 28-20.45, 28-21.10, 28-21.1 4, 28-2112,28-221.13, 28 22.2 28-22 3, 28-23.4--;;„a
29 23.5, aRGI 29 21.8- A-f this aFtiGle by iGG61iRg a R9tiGG, iR aGGGrdanG9 With r,,Rrtm(;P 2R-
(Ord No 92-7 § 1 1-29 92)
Sec. 28-20.4. The Notice.
When an inspector issues a notice for a violation of this article, notice shall be
sufficient if served GR the G#GRding per69R by:
(1) Attaching a correction notice upon the container to whom it is directed.
(2) Certified mail, with delivery reported, a copy of the notice to the last
known address of the person as shown on the current tax roll or water bill.
(Ord. No. 92-7, § 1, 1-28-92)
Of 69Gti0n�
2920.8 .....................................................
28-29.11 ....................................................................................................... 15.00
2820.12...........................................................................0........................... 1 500
28-20.13....................................................................................................... 1 5.Q G)
.. . ......................................................................................................... 10 Q.
28-21.8......................................................................................................... 10.00
2921.4 ......................................................................0.0................................ 19.00
28-21.°......................................................................................................... 15.90
(n.d Ne 92-7 R 1 1-28-92)
Sec. 28-20.6. Violation of article.
Unless otherwise specifically provided, a violation of any provision of this article
shall constitute a Class 4-C misdemeanor and, unless the penalty for such violation is
paid in accordance with the provisions of this article,
upon conviction thereof, the court may impose a fine of not less than twenty-five dollars
($25.00) nor more than one thousand dollars ($1,000.00).
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-20.7. Bulk containers utilized by commercial establishments.
Any commercial establishment which desires to utilize a bulk container for its
refuse shall employ the services of a private contractor to service that container. Such
container shall at all times be clean, neat, and in good state of repair. Cleaning up
materials spilled from the container when emptying shall be the responsibility of the
private contractor or the property owner or occupant. No refuse shall be placed adjacent
to any bulk container. The property owner of any establishment for which a bulk
container screening requirement applies must maintain such screening in a clean and
neat condition and in good state of repair.
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-20.8. Hazardous refuse not to be placed in collection containers;
special care and preparation required before placing certain refuse items in
containers.
No infectious or pathological refuse or any other refuse that may cause a public
health hazard shall be placed in any container used for collection by the city or collection
by any private agency. The following are several types of special refuse items which
shall be given special care and preparation before disposing of the same in any refuse
container.
(1) Hypodermic instruments and other sharp articles. No person shall
dispose of or discard any hypodermic syringe, hypodermic needle or any
instrument or device for making hypodermic injections without prior
placement in puncture resistant container for disposal so as to avoid the
possibility of causing injury to the collection personnel.
(2) Ashes. Ashes that are to be collected by the city or private collectors must
have been wetted and cooled to the touch prior to collection. Ashes shall
be placed in suitable containers of such size and weight as stipulated in
section 28-21.1 and shall not be placed with the normal refuse unless
separately wrapped, so that they will not cause injury to the collection
personnel.
(3) Pressurized cans. All pressurized cans containing pesticides or any other
dangerous materials shall be released of all pressure before being
deposited in a container for collection by the city or any private collection
agency.
(4) Glass. All broken glass or any type of glass that may cause injury to
refuse collection personnel shall be separately wrapped to prevent injury
and placed with the normal refuse.
(5) Pesticides. All pesticides and other poisonous containers shall be
emptied and triple rinsed before being placed for collection.
A violation of this section will result in a fee assessment of fifteen dollars
($15.00).
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-20.9. Disposal of refuse and debris from construction, demolition,
etc., operations.
(a) The city shall not be responsible for the collection or hauling of building materials
originating from private property preliminary to, during or subsequent to the
construction of new buildings or alterations or additions to existing buildings of
whatever type or from demolition of existing structures. Such material shall be
removed by the owner of the property or by the contractor. A stop work order
may be issued by the inspector until such material has been removed by the
owner or contractor. In addition, all contractors must provide refuse receptacles
for construction debris and litter to be deposited in on a regular basis.
(b) Loose dirt, mud, clay, rocks, construction materials and other debris deposited
upon any public highway, street and sidewalk or private property as a result of
construction or demolition operations shall be immediately removed by the
contractor. Construction and demolition sites shall be kept clean and orderly at all
times.
(c) The prime contractor or developer of a construction or demolition site shall be
responsible for maintaining the site as required by this section.
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-20.10. Collection, removal and disposal of industrial waste.
Industrial waste shall be collected, removed and disposed of in an approved
manner by the operator of the factory, plant or enterprise creating or causing same.
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-20.11. Unlawful deposits generally; littering.
(a) No person shall place any accumulation of refuse or trash in any street, street
right-of-way, median strip, alley or other public place of travel, nor upon any
private property, except as stated in other sections of this article.
(b) It shall be unlawful for any person to:
(1) Scatter refuse about or litter any public or private street, area or place.
(2) Cast, throw, place, sweep or deposit anywhere within the city any refuse
or trash in such a manner that it may be carried or deposited by the
elements upon any street, sidewalk, alley, sewer, parkway or other public
place or into any occupied or unoccupied premises within the city.
(3) Throw or deposit any refuse, trash or debris in any stream, body of water,
or drainage system.
(c) The driver of any vehicle shall be responsible for assuring that no litter is thrown
from the vehicle or occurs through the lack of proper covering.
(d) A violation of this section will result in a fee assessment of fifteen dollars
($15.00).
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-20.12. Placing refuse or refuse containers on, in or over drainage
systems.
No person shall place any refuse or refuse container on, in or over any drainage
system. A violation of this section will result in a fee assessment of fifteen dollars
($15.00).
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-20.13. Property to be kept free of litter.
All owners or occupants shall maintain the real property owned or occupied by
them in a clean and litter-free condition. This section shall not be construed as
prohibiting the storage of refuse or litter in authorized containers for collection pursuant
to the provisions of this article. A violation of this section will result in a fee assessment
of fifteen dollars ($15.00).
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-20.14. Interference with or damaging containers.
No person, other than employees of the city charged with such duty, shall
interfere with the contents of any refuse container set out for removal by the city or any
private collection agency, unless authorized by the
ity manager or his designeeated ate. It shall be unlawful for any person
to damage or destroy any refuse container placed at the curbline for collection.
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-20.15. Scavenging of recyclable materials from residential areas
prohibited.
(a) No person or persons other than the current resident of the property on which the
items are placed or an authorized carrier, shall remove, pick up, or transfer
recyclable materials, containers or bins left at curbside in either specifically
marked recovery containers or any other type of container which is to be picked
up by a designated carrier for the purpose of removal of recyclable materials.
Materials referred to, and to be left at curbside in specifically marked containers,
will include recyclable materials included in the city's recycling program.
(b) Each removal of an item or items from a residential subdivision residence
location or a single-family residence location shall constitute a separate violation
of this section. Unauthorized persons removing materials or bins other than those
persons designated by the city to remove such materials shall be fined as
follows:
(1) Upon first conviction of violation of this section, the person shall be fined
twenty-five dollars ($25.00) for each such violation.
(2) Upon second conviction of violation of this section, the person shall be
fined one hundred dollars ($100.00) for each violation.
(3) Upon third and subsequent convictions of violation of this section, the
person shall be fined two hundred dollars ($200.00) for each such
violation.
(Ord. No. 92-7, § 1, 1-28-92)
DIVISION 2. COLLECTION BY CITY
Sec. 28-21.1. Containers generally.
All refuse to be collected by the city shall be stored in proper containers between
times of collection. Any container provided by the city shall not be filled to exceed two
hundred (200) pounds total weight and all refuse therein must fit inside the container.
The cover of any container shall be kept on at all times except when the container is
being filled, emptied or cleaned. Animal waste and ashes shall be wrapped separately
from other refuse in a manner to prevent spillage prior to placing the same in a
container. All areas serviced by the city shall use ninety-gallon round or sinine -six-
gallon containers as approved by the city manager.
All qaFbage OF PWtF96Gibl8 use shall be placed within the automated
containers. No other type of container is permitted for use in the automated collection
areas. Exceptions to these requirements may be made by the
eaanage+Aeetcity manager or his designee. A violation of this section will result in a fee
assessment of ten dollars ($10.00).
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-21.2. Solid waste collection service.
Standard residential solid waste collection service shall include:
(1) Once a week collection of one garbage container,—FesYsl+F;g bow and
bagged or containerized yard waste. All materials shall be collected by
separate vehicles on the same day as designated by the
wastemaRagemapAcity manager or his designee.
(2) Twice monthly collection of oversized tree and shrubbery trimmings,
household trash, and bulky items such as major appliances or furniture.
To receive service, the dweller of the property shall be current on the garbage
collection service fee in accordance with section 28-24.1.
Residential and commercial accounts are limited to three (3) containers. If
additional containers are obtained and then discontinued, there will be a six (6) month
waiting period to reapply for additional containers. Requests for additional containers
must be submitted in writing to the selid wa6te FnaRageM9Rtpublic works department.
The person whose name appears on the account must sign the request.
(Ord. No. 92-7, § 1, 1-28-92; Ord. No. 93-5, § 1, 2-2-93)
Sec. 28-21.3. Points of collection.
(a) Refuse containers, FGGYGIRRg biwR&-, and yard waste which are collected by the city,
shall be placed on the curbline of a city right-of-way abutting their property by
7:00 a.m. on scheduled day of collection. All containers must be removed from
the curbline by 8:00 p.m. after collection on the day of collection.
(b) Solid-wasteGarbage and trash collection service on private property may be
provided, when alleys or streets of sufficient width are available and all of the
adjoining property owners or the owners association by written document
indemnify the city for damages to curbs, alleys, pavements, and the private
property of residents served.
(c) Some residents serviced by automated collection equipment may be required to
place the automated containers on the opposite side of the street from their
residence. Solid waste managerne t vehicles may travel against the flow of traffic
on a one-way street when so equipped with appropriate warning devices.
A violation of this section will result in a fee assessment of ten dollars ($10.00).
(Ord. No. 92-7, § 1, 1-28-92)
(2) 'RdePGRdeRGe Day-.
(3) ThaRk6giving Day-.
(4) Christmas Day.
(QFd Ne 97_7 R 1 4-28-92; Ne nn_m § 4-14-00)
--moo. ,
Sec. 28-21.5. Refuse from multiple-unit dwellings not to be collected.
The city shall not provide refuse collection to apartments, office and residential
condominiums, duplexes, or other multiple-unit buildings unless each unit or duplex is
individually located on a separate lot abutting the right-of-way of a publicly maintained
street; provided, however, that such refuse collection shall be done in accordance with
the other provisions of this article.
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-21.6. Storage or preparation of yard trash, limbs, shrubbery, etc.
for collection.
(a) Yard waste may be stored for collection in suitable containers or bags not to
exceed thirty-two (32) gallon capacity and fifty (50) pounds in weight. Any yard
waste that cannot be put in a normal refuse container shall be handled as
described in subsection (b) of this section.
(b) All limbs, branches, shrubbery and hedge trimmings to be collected by the city
shall be stacked neatly in separate piles by the curbline for collection. Materials
shall not be stacked under low overhead cabling, signs or posts. This material
will be collected in accordance with section 28-21.2.
(c) Every nurseryman, tree surgeon, and every person who cuts or trims trees,
shrubs or grass as an independent contractor, shall remove or cause to be
removed all trash from the premises serviced by him and it shall be unlawful for
such a person to deposit any tree, tree or shrub cuttings or trimmings at any
location for collection by the city. Failure to properly dispose of such cuttings or
trimmings shall constitute littering and is punishable in accordance with section
28-20.6 of this code. Such removal will require a permit pursuant to section 28-
23.2.
(d) Collection of items such as building debris (lumber), shingles, siding, insulation,
brick, dirt, plaster, sand, gravel, large automobile parts, scrap metal, wire, dead
animals and other bulky or heavy material shall not be included in the regular
garbage and trash collection service furnished by the solid waste rnaRagemepA
degaFttdivision. The owner shall have such debris removed at his own
expense.
(Ord. No. 92-7, § 1, 1-28-92)
waterways,
(QFd No 97_7 § i i_29 92)
Sec. 28-21.8. Unlawful to deposit yard waste in automated containers.
(a) No person shall place any yard waste or tree and shrubbery trimmings in city
furnished automated containers.
(b) Yard waste to be collected by the city shall be placed at curbside by 7:00 a.m. on
collection day. Yard waste may be placed in:
(1) Plastic or polyethylene bags which are at least 1.5 mils in thickness and
having a capacity of not more than forty-five (45) gallons or a total weight
of not more than forty (40) pounds.
(2) Corrugated cardboard boxes or other suitable paper containers weighing
not more than forty (40) pounds and of sufficient strength to prohibit
bursting when lifted. Corrugated cardboard boxes will be left at curbside
by collection personnel.
(3) Metallic or plastic refuse containers having a capacity of not more than
thirty-two (32) gallons or a total weight of not more than fifty (50) pounds.
(c) Tree and shrubbery trimmings to be collected by the city shall be placed at
curbside by 7:00 a.m. on collection day. Tree and shrubbery trimmings must be:
(1) Totally separated from all other waste if less than six (6) inches in
diameter, other waste includes metals, lumber, paper, plastics, furniture,
appliances, concrete and any other solid materials. Any waste regardless
of quantity or size, mixed with tree and shrubbery trimmings constitutes a
violation of this section.
(2) Cut into sections not to exceed eight (8) feet in length nor six (6) inches in
diameter.
(d) A violation of this section will result in a fee assessment of fifteen dollars
($15.00).
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-21.9. Collection of white goods.
White goods must have doors taped shut or removed before placing on city
streets. White goods must be totally separated from all other waste to allow for separate
collection. White goods are prohibited from being buried on the landfill. White goods
allowed at the landfill must be deposited in the white goods recycling area as directed by
the landfill personnel. It shall be unlawful to deposit any materials other than white goods
in the white goods recycling areas.
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-21.10. Collection of tires.
Tires will be collected from residential households only. Tires must be totally
separated from all other waste. A maximum of four (4) tires will be collected on collection
day.
(Ord. No. 92-7, § 1, 1-28-92)
(GFd ISIS) i 1_28_92)
Sec. 28-21.12. Trash at vacant property.
a —Trash collection service will be provided to vacant property subject to the
following provisions:
(1) The property must be located in a residential zone.
(2) The property is not larger than one-half acre.
(3) The trash placed for collection is from normal vegetation maintenance
such as tree cuttings above the ground, grass clippings, or brush cutting.
(4) The property is not being cleared for construction purposes.
(5) Tree trimmings did not result from the selling of usable timber.
(6) The property owner must reside in a single family residence within the city
limits of Beaumont that is currently paying a solid waste fee on that
residence.
(7) The property is not being held for sale as part of a residential
development.
(8) Only vegetative waste will be collected.
(9) Vegetation must not be obtained with machinery (i.e., a bulldozer)
whereby trees and stumps with root balls are included in the trash to be
collected.
(10) The acceptable vegetative waste is placed at the curb in accordance with
28-21.8 (c)(2) of the Code of Ordinances.
quaker.
(Ord. No. 00-63, § 2, 8-15-00)
Sec. 28-21.13. Collection of residential trash located on more than one
acre.
(a) Trash collection at single residential units built on multiple acres of land will be
provided in accordance with the following:
(1) The trash placed on the curb is household trash, white goods, yard waste
and other trash normally generated at a residence.
(2) The trash was generated on a maximum of one (1) acre of land upon
which the house is situated. Hauling and disposal of trash or yard waste
generated on other parts of the property such as vegetative waste or
waste generated by land clearing, demolition of barns, sheds or other
structures, is the responsibility of the property owner.
(Ord. No. 00-63, § 3, 8-15-00)
DIVISION 3. PRIVATE COLLECTORS
Sec. 28-22.1. Franchise required.
No person shall engage in the business of collecting, hauling or transporting, in
the city, any garbage, waste or refuse, without first having obtained a franchise from the
city.
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-22.2. Maintenance, etc., of vehicles and other equipment.
All vehicles, containers and other equipment used by private refuse collectors
shall be maintained in a clean, sanitary condition and free from odors at all times and
shall be equipped with water-tight bodies.
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-22.3. Inspection of containers and vehicles.
All containers and vehicles owned or operated by private refuse collectors shall
be subject to inspection by officials of the � to
insure safety compliance and to insure that proper lids or covers are provided to prevent
litter problems.
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-22.4. Collections to be made from customer's premises.
Containers owned by private refuse collectors shall not be placed on any street
or right-of-way within the city. All collections shall be made directly from the premises of
the customer and any emptied containers returned directly to such premises.
(Ord. No. 92-7, § 1, 1-28-92)
DIVISION 4. CITY LANDFILL
Sec. 28-23.1. Use by private collectors—Generally.
Persons engaged in the business of collecting solid waste, refuse, debris or
garbage may deposit solid waste, refuse, debris or garbage at the,city landfill subject to
the following provisions:
(1) The proper city refuse disposal permit has been purchased and is current.
(2) The vehicles transporting the solid waste, refuse, debris or garbage have
a current city refuse disposal permit license decal displayed thereon.
(3) Section 28-23.2 has been and is fully complied with.
(Ord. No. 92-7, § 1, 1-28-92; Ord. No. 94-35, § 2, 7-12-94; Ord. No. 00-06, § 1, 1-11-00)
Sec. 28-23.2. Same—Disposal permit.
(a) No person engaged in the business of collecting solid waste, refuse, debris or
garbage shall deposit such material at any city refuse disposal area, unless he
I has a current refuse disposal permit issued by the director of sel+d-waste
MaRagemepA-public works or his designated agent.
(b) The fee for a permit required by this section shall be twenty-five dollars ($25.00)
per vehicle per year or any part thereof. Each such permit shall expire on
December 31 of each year.
(c) When a permit is issued under this section, a decal shall be issued for each
vehicle listed on the permit. Such decal shall be affixed to the left side of the
vehicle windshield at all times when it is being used at any city refuse disposal
area.
I (d) The director of se#d-Este-+AaRageme+-+tpublic works, or his designeeated'agent,
is hereby authorized to revoke or suspend any permit issued under this section,
to prevent the holder thereof from utilizing the city refuse disposal areas, for good
cause.
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-23.3. Hours of operation.
The director of selid waste maRagementpublic works, with the approval of the city
manager, is hereby authorized to establish reasonable hours of operation for the city
landfill.
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-23.4. Determination of acceptability of deposits.
The director of solid waste FnaRagementpublic works, or his desi eeeate
shall have the authority to determine what solid waste, refuse or garbage shall be
acceptable for deposit at the city landfill.
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-23.5. Delivery vehicles to conform to Solid Waste Disposal Act.
Every vehicle used to deliver material to a city refuse disposal area shall conform
to the requirements of the Solid Waste Disposal Act so that the contents of such vehicle
do not escape therefrom.
A person operating a vehicle which does not conform to such section shall be
allowed access to such area only after he is issued a notice of, or summons for, a
violation of this section.
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-23.6. Liability of officers, etc., of corporation, partnership or
association for violation of article.
Any officer or agent of a corporation or member of a partnership or association,
who shall personally participate in or be an accessory to any violation of this article by
such corporation, partnership or association, shall be subject to the penalties provided
for such violation.
(Ord. No. 92-7, § 1, 1-28-92)
DIVISION 5. SERVICE FEES
Sec. 28-24.1. Collection and removal charges--Residential service.
(a) The GleaR GommuRity d9paFtM9RtS0lid waste division shall systematically collect
and remove garbage, trash and yardwaste from premise used for residential
purposes. All residences in the city are subject to, and the owners or occupants
are required to pay a solid waste maRagemORtC011ection services fee except:
(1) Residences from which the owners or occupants are serviced by a private
collector as defined in this article.
(2) Residences on which the owners or occupants use an on-property
disposal method that is approved by the city, county, and state.
(3) Residences that are vacant and water service for which is discontinued.
(4) Owners of vacant residences who do not require water service, will not be
required to pay a garbage and trash collection fee.
(b) Garbage and trash rates. No rate adjustment will be made for temporary nonuse
of service. Nonpayment of the Gelid waste managementcollection services fee
shall be sufficient grounds for discontinuance of city water service. The rate for
collection outside the city limits shall be one hundred fifty (150) per cent of the
rate established for service inside the city limits. No type of service will be offered
residences exempted under section 28-20.9(c) or for vacant lots except as
provided in section 28-21.12. If a business is located in a part of a residence., a
collection services fee shall be charged for each
connection to the city's water system. The following monthly rates Ghall be
sellestedapply for ollection services.
(1) The monthly rate for standard ollection services
per household unit shall be fourteen dollars ($14.00) and shall consist of
the following elements:
Garbage and trash collection ..........................................................$13.50
Litterremoval......................................................................................0.50
The monthly fee for an additional container is two dollars and fifty cents
($2.50) per month. Single-family and owner-occupied residential units will
be charged a litter removal fee at a rate of fifty cents ($0.50) per unit.
Multifamily dwellings and/or rented properties of two (2) or more units will
be charged a litter removal fee at a rate of twenty-five cents ($0.25) per
unit.
(2) The monthly collection fee for senior citizens
shall be twelve dollars and sixty-five cents ($12.65) and shall consist of
the following elements:
Senior citizen garbage and trash collection.....................................$12.15
Litterremoval fee................................................................................0.50
The senior citizen garbage and trash collection fee shall apply to
customers residing in single-family residences who are sixty-five (65)
years of age or older. To obtain the senior citizen garbage and trash
collection rate, eligible persons must file a sworn application on a form
provided therefor with the central collections division. The rate shall
remain in effect so long as the customer residing in the single-family
residence is sixty-five (65) years of age or older.
(Ord. No. 92-7, § 1, 1-28-92; Ord. No. 93-5, § 1, 2-2-93; Ord. No. 94-61, § 1, 12-13-94;
Ord. No. 00-63, § 4, 8-15-00; Ord. No. 02-092, §§ 1--3, 11-5-02; Ord. No. 05-087, §§ 1,
2, 10-1-8-05)
Editor's note: The rates set out in this section shall be effective from and after January
1, 2006.
Sec. 28-24.2. Same--Public, business and commercial establishments.
(a) Applicability. All commercial establishments in the city are required to pay a SOW
collection services fee except:
(1) Institutions that haul their own garbage.
(2) Institutions that have a private collector.
(3) Institutions that use an on-property disposal method that is approved by
the city, county, and state.
(4) Institutions that are vacant and the water service is discontinued.
(b) Nonpayment of the selid waste maRagemeRtcollection services fee shall be
sufficient grounds for discontinuance of city water and sewer serving the location.
(c) No rate adjustments will be made for temporary nonuse of service unless the
water service is disconnected. Service shall not be provided outside the city
limits.
(d) Commercial establishments may be provided, at their option, the same refuse
container service provided to residents. No separate trash service will be
provided to commercial establishments for trees, shrubs, white goods, or yard
waste.
(e) It shall be unlawful for any person other than a hauler holding a valid permit
under section 28-23.2 of this article to transport commercial garbage from one
location to another or to a residence.
(f) The rate set out in section 28-24.1 hereof shall be the rates charged to
commercial establishments.
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-24.3. Collection of charges.
The charges fixed herein for the removal and disposal of all garbage and trash
shall be entered by the city against the owner or occupant using or occupying any
building or structure receiving such service. To avoid duplication in billing and as a
convenience to the public, the depaFtrneRt Of Water _yt shall include such charges
on the monthly city invoice. Any person who shall fail or refuse to pay the charge herein
specified within fifteen (15) days from the date of the bill shall have his garbage service
suspended and the director of Gelid wa6te FnanageFn9R4public works shall be notified
immediately for appropriate action in accordance with the provisions of this article.
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-24.4. Landfill fees; permit application.
(a) All persons of the city may dispose of residential waste from their residence upon
presenting proof of residency.
(1) All persons of the city and other municipality under a disposal contract
may dispose of residential waste from his residence upon presenting
proof of residency.
6A6tiGR.
(b) Disposal fees shall be based on collection of refuse from inside the city limits.
The fee shall be assessed to the nearest cubic yard of refuse disposed.
(1) Compacted refuse.........................................................................$6.00/cy
(2) Noncompacted refuse.....................................................................5.25/cy
(Ord. No. 93-51, § 1, 8-24-93; Ord. No. 94-35, § 3, 7-12-94)
Secs. 28-25--28-39. Reserved.
DIVISION 6. MISCELLANEOUS
Sec. 28-40. Disposal permit; condition for issuance of permit.
Upon filing of an application, the FnaRager of the landfill divis.ie+}superintendent
shall grant such permit if the following conditions have been met:
(1) Provision is available to lawfully dispose of the garbage, trash, waste or
refuse within the city landfill;
(2) The provisions of this article have been met;
(3) The proposed removal and disposition of such garbage, trash, waste or
refuse will not create a public nuisance; and,
(4) The vehicle for conveyance has been inspected and measured by the
landfill division;
(5) Applicant has been current in payment for previous disposal services.
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-41. Revocation of permit; appeal.
The permit herein authorized to be issued may be revoked by the
landfill superintendent at any time for the violation of or noncompliance
with any of the provisions of this article or the conditions under which it was issued and
immediately upon such revocation, the permit issued thereunder shall be surrendered to
the landfill divisie4-superintendent # e -or any of 4--his duly authorized
representatives; however, any person feeling aggrieved by such revocation shall have
the right to appeal to the director of selid wa6te MaRagemGRtPublic works for redress,
and such appeal shall be made either by personal appearance on the part of the
aggrieved party or by written communication addressed to the director of selid-waste
public works setting forth the cause of complaint.
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-42. Landfill--Vehicles entitled to unload.
All persons or businesses hauling into the city landfill shall deposit such material
only in the place designated by a landfill attendant. Such dumping shall only be from
Monday through Saturday during the hours of operation as determined by the solid
public works director.
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-43. Same--Unauthorized removal of material from.
It shall be unlawful for any person to remove trash, waste or refuse, or any
material from the city landfill without the written permission of the 6GIid—waste
maRagement director of public works or his designee.
(Ord. No. 92-7, § 1, 1-28-92)
Sec. 28-44. Same--Materials not accepted.
Entrance to and dumping of the following at the city landfill shall not be allowed
without prior appeued-approval of the public works director or
his designee:
(1) Junk automobiles;
(2) Human excrement;
(3) Inflammable liquids;
(4) Dangerous chemicals;
(5) Insecticides;
(6) Industrial chemicals or industrial solid waste;
(7) Waste oil or grease.
(8) Liquid waste;
(9) Other waste prohibited from landfill disposal by the Solid Waste Act.
(Ord. No. 92-7, § 1, 1-28-92; Ord. No. 94-35, § 4, 7-12-94)
Sec. 28-45. Hauling of garbage, trash, waste or refuse on city streets.
It shall be unlawful for any citizen, commercial establishment or private hauler to
haul garbage, trash, waste or refuse on city streets without proper equipment for this
purpose. No vehicle will be used for transporting this type of material unless it is
equipped with:
(1) Adequate sideboards and tailgate to fully contain waste and prevent
accidental blowing or discharge at any time.
(2) Completely covered with a tarp if loose materials extend above the
sideboards.
(Ord. No. 92-7, § 1, 1-28-92)
Secs. 28-46--28-49. Reserved.
ARTICLE III. WATER AND SEWER
REGULATIONS GENERALLY*
*Note: Additional provision for regulations and rates may be contained in ordinances
and papers not contained in this Code.
Sec. 28-50. Water service rates.
(a) The following rates per month
shall be the rates charged for water service furnished to customers within and
outside of the corporate limits of the city except as provided in paragraph (b) of
this section.
Water/Sewer Rate Increase
November 1, 2007
Minimum Monthly Rates
WATER
Meter Inside City Outside City
Size/Inches Rate Rate
5/8 $ 8.43 $12.65
1 9.33 13.99
1 1/2 10.23 15.34
2 12.77 19.16
3 25.95 38.93
4 31.46 47.19
6 56.70 85.04
8 77.99 116.97
10 107.33 161.00
12 133.80 200.71
Usage rate first 1,000 gallons Minimum Minimum
Over 1,000 gallons $ per 1,000 gallons $ 2.85 $ 4.28
(b) The rate for senior citizens who comply with subsection (c) below will be at a
discounted rate equivalent to the rate per one thousand (1,000) gallons of water.
(c) Eligible senior citizens shall mean customers residing in a single-family residence
inside the city who are over the age of sixty-five (65) years. To obtain the monthly
minimum charge deduction, persons eligible must file a sworn application on a
form provided therefor, with water customer services. Upon approval of the
application the senior citizen's monthly minimum charge shall be applicable for
the life of the applicant.
(Ord. No. 88-72, § 1, 8-9-88; Ord. No. 89-79, § 1, 10-24-89; Ord. No. 90-68, § 1, 11-13-
90; Ord. No. 92-81, § 1, 12-8-92; Ord. No. 00-45, § 1, 5-30-00; Ord. No. 00-56, § 1, 6-
27-00; Ord. No. 04-042, § 1, 6-22-04)
Editor's note: Ord. No. 88-72, § 1, adopted Aug. 9, 1988, repealed §§ 28-50--28-55,
pertaining to water and sewer regulations and enacted new provisions designated as §§
28-50--28-55 to read as herein set out. Former§§ 28-50--28-55 derived from Code
1958, §§ 32-8, 32-9, 40-8, 40-9, 40-16; Ord. No. 76-107, §§ 1--4, adopted Sept. 27,
1976; Ord. No. 76-108, § 1, adopted Sept. 26, 1976; Ord. No. 76-125, § 1, adopted Oct.
19, 1976; Ord. No. 76-126, §§ 1, 2, adopted Oct. 19, 1976; Ord. No. 81-26, § 1, adopted
April 21, 1981; Ord. No. 82-5, § 1, adopted Jan. 12, 1982; Ord. No. 83-123, § 1 (App. A,
§ II), adopted Sept. 27, 1983; Ord. No. 84-127, § 1, adopted Sept. 25, 1984; Ord. No.
85-96, §§ 1, 2, adopted Sept. 24, 1985; Ord. No. 86-99, §§ 1, 2, adopted Sept. 23, 1986;
Ord. No. 87-15, § 1, adopted March 17, 1987 and Ord. No. 87-51, § 1, adopted July 7,
1987.
Sec. 28-51. Wastewater service rates.
(a) The following rates per month
shall be the rates charged for wastewater services furnished to customers within
and outside of the corporate limits of the city where the wastewater produced by
such customers is a normal strength wastewater (150 mg/1lb) except as provided
in paragraph (b) of this section. Surcharges, when applicable, shall be
determined by the director based on the costs incurred by the city for treating the
wastewater.
Water/Sewer Rate Increase
November 1, 2007
Minimum Monthly Rates
SEWER
Meter Inside City Outside City
Size/Inches Rate Rate
5/8 $ 5.38 $ 8.07
1 5.48 8.21
1 1/2 5.56 8.34
2 6.05 9.06
3 6.84 10.25
4 10.02 15.04
6 16.42 24.61
8 20.07 30.11
10 27.37 41.05
12 34.66 51.98
Usage rate first 1,000 gallons Minimum Minimum
Over 1,000 gallons $ per 1,000 gallons $ 2.58 $ 3.88
(b) The rate for senior citizens who comply with subsection (c) below will be at a
discounted rate equivalent to the rate per one thousand (1,000) gallons of water.
(c) Eligible senior citizens shall mean customers residing in a single-family residence
inside the city who are over the age of sixty-five (65) years. To obtain the monthly
minimum charge deduction, persons eligible must file a sworn application on a
form provided therefor, with water customer services. Upon approval of the
application the senior citizen's monthly minimum charge shall be applicable for
the life of the applicant.
(d) (1) Residential sewer charges shall be based on the average of the actual
monthly water usage of the preceding months of November, December, January
and February which preceded the months billed.
(2) The monthly individual residential sewer volume charge shall not exceed
the average of the actual metered water volume usage for the previous months
of November through February. Where no preceding November through
February monthly average volume is available from records, the water customer
services shall establish an average monthly volume based on the average
monthly usage of all residential users in each particular cycle route for the winter
months set out above.
(e) Commercial and industrial sewer usage charges shall be based on one-hundred
(100) percent of the metered water usage. In circumstances where a commercial
or industrial customer desires a credit for metered water being consumed but not
being returned to the sanitary sewer, it shall be the responsibility of the user to
furnish to the director of water utilities an engineering report certified by a
Professional engineer, that justifies and supports the discharge reduction as
being a continuous normal part of the process. Based on the data provided the
director of water utilities may estimate said return or require submetering of the
process water. Meters used for submetering shall be furnished at the customer's
expense and shall be approved by the director of water utilities.
(Ord. No. 88-72, § 1, 8-9-88; Ord. No. 89-79, § 2, 10-24-89; Ord. No. 90-68, § 2, 11-13-
90; Ord. No. 92-81, § 1, 12-8-92; Ord. No. 00-45, § 2, 5-20-00; Ord. No. 00-56, § 2, 6-
27-00; Ord. No. 04-042, § 2, 6-22-04)
Note: See the editor's note at § 28-50.
Sec. 28-52. Payment of charges and deposits.
(a) All bills shall be computed at the herein described rates and shall be payable
within thirty (30) days from the date of such bills.
(b) Failure or refusal by any customer to pay any bill to the city, upon demand, shall
constitute a breach of contract, and water and sewer service may, within ten (10)
days from notice of such failure, be discontinued to the customer, and, at the
discretion of the finance officer, such services shall not be renewed until the
customer has paid all delinquent bills, plus the following applicable service
charges:
(1) Field collection...............................................................................$ 20.00
(2) Cut and seal......................................................................................25.00
(3) Seal broken ...................................................................................... 15.00
(4) Meter removed .................................................................................30.00
(5) Service killed at the main line ......................................................... 100.00
(6) Second trip on service turn-on ......................................................... 10.00
(7) Turn-on fee ...................................................................................... 15.00
(8) Return check ....................................................................................25.00
(9) Late fee ..............................................................................................5.00
(c) The notice to the user of failure or refusal to pay for water, sewer and sanitation
service shall provide for a hearing if requested by the user. A user may request
and receive a hearing concerning termination of water service and termination
shall not occur until a determination of the merits of the user's appeal is made by
the person conducting the hearing.
(d) The finance officer may require from any applicant for water service a cash
deposit to secure payment of water, sewer and sanitation charges or any other
charges that may accrue, and when such deposit is made it shall be not less than
ninety dollars ($90.00), provided, however, additional deposits may be required
from any applicant to pay charges accrued or to accrue for the services. Failure
to pay additional deposit will forfeit right to water, sewer and sanitation services
and the same may be discontinued five (5) days after notice to pay such
additional deposit.
(Ord. No. 88-72, § 1, 8-9-88; Ord. No. 00-46, § 1, 5-30-00; Ord. No. 03-105, § 1, 12-9-
03)
Note: See the editor's note at § 28-50.
Sec. 28-53. Connection to water and sewer systems and fees.
(a) Required. All property owners owning property within the city which is within
three hundred (300) feet of a city sanitary sewer or water line measured from the
property line of such property to such utility line shall be required to connect to
same.
(b) Connections to be made by water utilities department, tampering, etc. prohibited.
It shall be unlawful for any person or agent of any company to make connections
with or any opening into the city sanitary sewer or water system.
It shall be unlawful for any person or agent of any company to open, close or
tamper with water system appurtenances. All water and sanitary sewer connections shall
be made by water utilities department personnel or persons authorized by the water
utilities director.
(c) Each detached dwelling unit shall be served by a separate meter. At the option of
the owner, a building containing more than one dwelling unit or a mobile home
park may be served by a single meter of a size to be determined by the water
department. Accessory buildings, including servants quarters, may be served by
the same meter that serves the main building. Where a residential dwelling and
commercial business are served by a single meter the account shall be
considered as a commercial account for billing purposes. It shall be unlawful for
any persons or company to furnish water to a separate, detached business or
dwelling unit by means of a water hose or other similar hose connection.
(d) Meter and tap fees. A charge shall be made by the water utilities department for
each new tap of the water and sewer main for a connection, said charge to be
determined by the size of the connection and size of the meter. A fee shall be
charged, according to the schedule established by the director of water utilities
annually. The fee shall be sufficient to cover cost of materials and labor
necessary to make such connection, plus ten (10) per cent for overhead.
All meters used for measuring the flow of water or sewer shall be approved by
the director of water utilities.
(e) Connection permits required; applications. Application for connection permits
shall be made in writing to the building ' fficial by the
property owner or his authorized agent.
(Ord. No. 88-72, § 1, 8-9-88)
Note: See the editor's note at § 28-50.
Sec. 28-54. Testing water meters.
(a) Any customer to whom water is furnished through a meter shall have the right to
demand that his water be tested for accuracy, and when the customer wishes
such test made, he shall deposit with the water department ten dollars ($10.00)
for each meter he desires to be tested.
(b) If any meter through which a customer is being supplied water is found, upon
test, to be inaccurate by more than two (2) per cent plus, the amount deposited
for making such test is to be returned to the customer and all charges against the
customer shall be credited for the proportionate amount the bill is increased
because of over-registration of meter.
(c) If, upon such test, the meter if found accurate, the deposit of the customer shall
be retained as a fee for making such test. If the meter is found slow by more than
two (2) per cent, then it will be the duty of the director to charge the customer for
any amount that may be due the water department because of under-registration
of the meter.
(d) Any customer shall have the privilege of witnessing the test of his meter, and for
that purpose shall be given notice of the time when such test is to be made.
(e) Should a dispute arise between a consumer and the water department as to the
amount of any bill and as to the number of gallons of water used by such
consumer, the consumer, complying with subsection (a), may have his meter
tested.
If, however, the consumer fails or refuses to have his meter tested, it shall be the
duty of the water department to make such test to determine whether the customer is
being overcharged and shall advise the consumer that such test is to be made and the
time thereof, and if such test is made and it is found the meter is correctly registering
within a range of two (2) per cent plus or minus, then the customer's bill, together with
the testing charge above specified, shall become due and payable, and upon his refusal
to pay same, the customer's water shall be cut off and no further services rendered until
delinquent bills are paid.
(Ord. No. 88-72, § 1, 8-9-88)
Note: See the editor's note at § 28-50.
Sec. 28-55. Water and sewer service outside city.
No water or sewer service shall be furnished any subdivision outside the city
unless and until a plan, plat or replat shall have been first approved in the manner
provided by law. If such a plan, plat or replat shall have been so approved in accordance
with the state statutes, the city may, if it is deemed advisable, furnish water service to
premises outside the city limits of the city, under the following rules:
(1) Any person residing outside of the city desiring to use city utilities shall
make application to the water department requesting service, which shall
state the location of the premises to be served and the purpose for which
service is to be used. Such application shall be made upon blanks
furnished by the city and shall be signed by the agent or owner of the
property to be served, and he will become liable for charges for water
furnished under such services, and subject to the same remedial action
as for service inside the city.
(2) Water services to customers outside the city limits shall be rendered at a
rate that is equal to one hundred fifty (150) per cent of the state-rate
established inside the city limits.
(Ord. No. 88-72, § 1, 8-9-88)
Note: See the editor's note at § 28-50.
(G)
deGignated a6 § 28-56.
Sec. 28-57. Cross-connection control and prevention.
(a) Purpose. The purpose of this section is:
(1) To protect the public potable water supply of the city from the possibility
of contamination or pollution by isolating within the customer's internal
distribution system(s) or the customer's private water system(s) such
contaminants or pollutants that could backflow into the public water
system.
(2) To promote the elimination or control of existing cross-connections, actual
or potential, between the customer's in-plant potable water system(s) and
nonpotable water systems, plumbing fixtures, and industrial piping
systems.
(b) Cross-connections prohibited.
(1) No installation of potable water supply, piping, or part thereof, shall be
made in such a manner that allows used, unclean, polluted, or
contaminated water, mixtures, gasses, or other substances to enter any
portion of such piping by reason of back siphonage, back pressure, or
any other cause.
(2) No person shall install any water operated equipment or mechanism or
use any water treating chemical or substances, if it is found that such
equipment, mechanism, chemical, or substance may cause pollution or
contamination of the public potable water supply.
(3) No person shall connect to the public potable water system any
mechanism(s) or system(s) designed to return used water to the public
potable water system through any measures.
(4) No person shall connect to the public potable water system an auxiliary
water system without the approval of the city.
(5) No water service connection shall be made to any establishment where a
potential or actual contamination hazard exists unless the public water
supply is protected in accordance with the rules and regulations of the
Texas
Commission on Environmental
Quality (TCEQ) and this section. Water service shall be discontinued by
the city if a required backflow prevention assembly is not installed,
maintained, and tested in accordance with TNP6S-TCEQ Rules and this
section.
(c) Definitions. The following definitions shall apply to this section:
Air gap. The unobstructed vertical distance through free atmosphere between the
lowest opening from any pipe or faucet conveying water or waste to a tank, plumbing
fixture, receptor, or other assembly and the flood level rim of the receptacle. These
vertical, physical separations must be at least twice the diameter of the water supply
outlet, never less than one (1) inch (25 mm).
Auxiliary supply. Any water supply on or available to the premises other than the
city's approved public water supply. These auxiliary waters may include water from
another purveyor's public potable water supply or any natural sources, such as, but not
limited to a well, spring, river, stream, used waters, or industrial fluids. These waters
constitute an unacceptable water source over which the city does not have sanitary
control.
Backflow. The undesirable reversal of flow in a potable water distribution system
as a result of a cross-connection.
Backflow prevention device or assembly. Any mechanical or physical means to
prevent backflow into the potable water system, including reduced pressure backflow
assemblies, double-check valve assemblies, atmospheric vacuum breakers, pressure
vacuum breaker assemblies, or air gap. All backflow prevention assemblies must be
approved by the city and shall have been manufactured in full conformance with the
standards established by the American Water Works Association and have met
completely the laboratory and field performance specifications of the Foundation for
Cross-Connection Control and Hydraulic Research of the University of Southern
California established by "Specification of Backflow Prevention Assemblies" of the most
current issue of the Manual of Cross-Connection Control.
City or the city. The City of Beaumont, Texas or its authorized representative,
which, for the purposes of implementation and enforcement of the backflow prevention
program, shall normally mean representatives of water utilities.
Commission or TNRG GTCEQ. Texas
Commission on Environmental Quality, regulatory agency of the state.
Cross-connection. Any actual or potential connection or structural arrangement
between a potable water supply system and any plumbing fixture or any tank, receptacle
equipment or device, through which it may be possible for any nonpotable, used,
unclean, polluted and/or contaminated water, or other contaminant, to enter into any part
of such potable water system under any condition or set of conditions.
Double check valve assembly. A backflow prevention assembly which consists of
two internally loaded check valves, either spring loaded or internally weighted, installed
as a unit between two tightly closing resilient-seated shutoff valves and fittings with
properly located resilient-seated test cocks.
Person. Any individual, partnership, associations, corporations, firms, clubs,
trustees, receivers, and bodies politic and corporate.
Plumbing code. The city's plumbing code as adopted under section 6-144 of the
Code of Ordinances of the city.
Potable water supply. Any water supply intended or used for human consumption
or other domestic use.
Public water system or supply. Any public or privately owned water system which
supplies water for public domestic use. The system will include all services, reservoirs,
facilities, and any equipment used in the process of producing, treating, storing, or
conveying water for public consumption. For the purposes of this section, this shall
normally mean the public water supply maintained by the city.
Premises. Any piece of property to which water is provided, including all
improvements, mobile structures, and structures located on it.
Recognized backflow prevention assembly tester. An individual meeting the
requirements of the most recent revisions to Title 30, Texas Administrative Code §
290.44(h)(4) and holding a current endorsement from the Texas
OepservafieR Commission on Environmental Quality or its designated agent, for the type
of assembly being tested.
Reduced pressure principle assembly. A backflow prevention assembly
consisting of two independently acting approved check valves together with a
hydraulically operating, mechanically independent pressure differential relief valve
located between the check valves and below the first check valve. These units are
located between two tightly closing resilient-seated shutoff valves as an assembly and
equipped with properly located resilient-seated test cocks.
Water utilities managerdirector. Person in charge of the city water Utilities
Dv+sieeutilities department or his/her designated representative.
(d) Applicability. The rules and regulations set forth herein are intended to limit
backflow potential at residential, commercial and industrial facilities as well as all
wholesale customers and all other connections to the city's public water system.
Nothing contained herein shall be construed to prevent the city from requiring
appropriate backflow prevention, including disconnection from service, for any
water service that presents a backflow potential where plumbing code
requirements are not sufficient to protect the city's public water system.
(e) Cost of compliance. The cost of complying with these regulations shall be the
responsibility of the property owners and their lessees. These costs include but
are not limited to the purchaser, installation, testing, and repair of backflow
prevention assemblies. These costs shall also include point-of-use and premise
isolation assemblies.
(f) Pressure loss. Any water pressure drop caused by the installation of a backflow
prevention assembly shall not be the responsibility of the city.
(g) Thermal expansion. It is the sole responsibility of any user who owns or controls
property to eliminate the possibility of thermal expansion, if a closed system has
been created by the installation of a backflow prevention assembly.
(h) Rental properties. Any person who owns or controls rental property is
responsible for the installation, testing, and repair of any necessary backflow
prevention assemblies on that property.
(i) Right of entry.
(1) Upon presentation of proper identification, authorized representatives
from the city shall have the right to enter any building, structure, or
premises during normal business hours, or at any time during the event of
an emergency to perform any duty imposed by this section. These duties
may include sampling and testing of water, or inspections and
observations of all piping systems connected to the public water supply.
Where a consumer has security measures in force which would require
proper identification and clearance before entry into their premises, the
consumer shall make necessary arrangements with the security guards
so that upon presentation of suitable identification, city personnel will be
permitted to enter without delay for the purpose of performing their
specific responsibilities. Refusal to allow entry for these purposes may
result in discontinuance of water service.
(2) On request, the consumer shall furnish to the city any pertinent
information regarding the potable water supply system on such property
where cross-connections and backflow are deemed possible.
Q) Abatement by city.
(1) The city shall conduct a plumbing inspection or customer service
inspection on any residential or commercial establishment served by the
city's public water supply prior to providing continuous water service to all
new construction, on any existing service when the water utilities
mana@e�-Ai[rector has reason to believe that cross-connections or other
contaminant hazards exist, or after any material improvement, correction,
or addition to the customer's private distribution facilities. The purpose of
the inspection is to determine compliance with this section and applicable
portions of the city's plumbing code relating to cross-connection control
and unsafe plumbing practices. Upon determination by the city that the
residential or commercial establishment falls under the provisions of this
section and requires a backflow prevention assembly, the water utilities
managef-director shall issue a notice to abate the condition or order the
establishment to install the proper backflow prevention assembly(ies)
commensurate with the degree of hazard. A copy of the notice which is
issued or caused to be issued by the water utilities maeagef-director shall
be forwarded to the chief plumbing inspector of the city.
(2) An approved backflow prevention assembly shall be installed on each
service line or point of delivery to a consumer's water system whenever
the following conditions exist:
a. In the case of premises having an auxiliary water supply which is
not or may not be of safe bacteriological or chemical quality and
which is not acceptable as an additional source by the T-NRGG
TCEQ or the city, the public water system shall be protected
against backflow from the premises by installing an approved
backflow prevention assembly in the service line commensurate
with the degree of hazard.
b. In the case of premises on which any industrial fluids or any other
objectionable substance is handled in such a fashion as to create
an actual or potential hazard to the public water system, the public
system shall be protected against backflow from the premises by
installing an approved backflow prevention assembly in the
service line commensurate with the degree of hazard. This shall
include the handling of process waters and waters originating from
the city's public water system which have been subject to
deterioration in quality.
C. In the case of premises having (1) internal cross-connections that
cannot be permanently corrected or protected against, or (2)
intricate plumbing and piping arrangements or where entry to all
portions of the premises is not readily accessible for inspection
purposes, making it impracticable or impossible to ascertain
whether or not dangerous cross-connections exist, the city's public
water system shall be protected against backflow from the
premises by installing an approved backflow prevention assembly
in each service line.
(3) Using the city's plumbing code, T4PGC—TCEQ regulations and
guidelines, and American Water Works Association (AWWA)
recommendations, the water utilities FnaRager director shall designate the
type of backflow prevention assembly required for each type of
establishment or hazard. In the case of conflict between these references,
the more stringent standard shall apply.
(4) Any backflow prevention assembly required by this section shall be of a
model and size approved by the water utilities FnaRagwgirector.
(k) Fire hydrant protection. An approved double check valve backflow prevention
assembly or reduced pressure zone backflow prevention assembly shall be the
minimum protection for fire hydrant water meters which are being used for a
temporary water supply during any construction or other uses which would pose
a potential hazard to the city's public water supply. A reduced pressure zone
backflow prevention assembly must be installed if any contaminant other than the
potable water can be introduced into the system.
(1) It is the responsibility of all persons engaging in the use and rental of a
fire hydrant water meter to abide by the conditions of this section. All fire
hydrant water meter rentals shall meet the current requirements as
provided for by the customer service section and water distribution
section.
(2) Only fire hydrant water meters with approved backflow prevention
assemblies are allowed to be used on fire hydrants in the city public water
supply system. All fire hydrant meters shall be obtained from the city
water utilities diy+sieedepartment.
(3) A deposit is required to ensure the return of all water meters and backflow
prevention assemblies to the water distribution section. Failure to return
the assemblies will result in forfeiture of the deposit and enforcement
action may be taken against the responsible party, as allowed for in the
penalty section of this section.
(4) Non-approved fire hydrant meters which are found to be in use in the
city's public water system will be confiscated and not returned.
Enforcement action may be taken against the responsible party, as
allowed for in the enforcement section of this section.
(5) It shall be a violation of this section for anyone other than authorized
employees of the city wateF 61tilitieS OF the Gity fiFe depaWnent to open,
tamper with, or use water from any fire hydrant without the express
written permission of the city water utilities department.
(I) Installation requirements. Backflow prevention assemblies shall be installed in
accordance with the following requirements, to ensure their proper operation and
accessibility:
(1) Backflow prevention assemblies shall be installed in accordance with the
city's plumbing code and the manufacturer's instructions. All backflow
prevention assemblies installed in accordance with this section shall be
tested upon installation by a recognized backflow prevention assembly
tester. The test report shall be sent to the water utilities d+visieA
department within ten (10) days of the installation. The assembly installer
shall obtain the required plumbing permits prior to installation as required
by the city's plumbing code.
(2) No part of a reduced pressure principle backflow prevention assembly
shall be located in water or installed in a pit or other location subject to
flooding. If a double check valve assembly is installed in a vault, brass
plugs shall be maintained in the test ports at all times and adequate
drainage shall be provided.
(3) When a backflow prevention assembly is installed to serve an entire
establishment, the assembly shall be installed at the service connection
of the water supply, before any branch in the line, and on private property
located just inside the boundary of the city's right of way. The water
utilities Fnaeatfer-director may specify additional areas for installation of
assemblies if needed.
(4) Backflow prevention assemblies shall be protected from freezing and
other severe weather conditions.
(5) All vertical installations shall be approved in writing by the water utilities
director prior to installation.
(6) Backflow prevention assemblies shall be readily accessible with adequate
room for maintenance and testing. Assemblies two (2) inches and smaller
shall have at least six-inch clearance on all sides of the assembly. All
assemblies larger than two (2) inches shall have a minimum clearance of
twelve (12) inches on the back side, twenty-four (24) inches on the test
cock side, twelve (12) inches below the assembly, and thirty-six (36)
inches above the assembly. "Y" pattern double check valve assemblies
shall be installed so that the checks are horizontal and the test cocks face
upward.
(7) If an assembly is installed five (5) feet or higher above the ground or floor,
it shall be equipped with a suitable platform for use by testing or
maintenance personnel. This installation shall meet all applicable
Fe9wiFeMeRts Get out by the W. Occupational Safety and Health
Administration (OSHA) regulations and thaoccupational safety and
health laws of the state.
(8) Bypass lines are prohibited. Pipe fittings which could be used for
connecting a bypass line shall not be installed.
(m) Annual inspections and maintenance.
(1) Regular inspections and testing of mechanical backflow prevention
assemblies shall be conducted at least once per year by a recognized
backflow prevention assembly tester on backflow prevention assemblies
which are installed to provide protection against health hazards, as
defined by T-NAGG-TCEQ rules, AWWA standards, or as determined by
the water utilities rAaRagerdirector. The water utilities manages director
may also require more frequent testing in certain applications to protect
against high health hazards. If upon inspection of the backflow prevention
assembly, it is deemed to not be operating properly, it is the responsibility
of the establishment to immediately make all necessary repairs. It is the
responsibility of the tester to report all assemblies found not to be
operating correctly to the water utilities divis+eedepartment. Test reports
shall be submitted to the water utilities divisi )R-g2gartment within ten (10)
working days of the test. Only tests conducted by recognized backflow
prevention assembly testers and which are reported correctly on city
report forms shall be in compliance with this section.
(2) The maintenance and repair of any backflow prevention assembly shall
be the responsibility of the property owner of the premises, the lessee of
the premises, or both. The backflow prevention assembly is to be
installed and maintained in proper working order at all times, including
repair as required. All maintenance and repair of assemblies or
assemblies shall be in accordance with all applicable regulations of the
T-NAGG-TCEQ and with acceptable industry practice. In the event that the
water to an establishment may not be turned off for testing of the
backflow prevention assembly, the establishment shall be equipped with
dual backflow prevention assemblies of the same type so that testing,
repair, and maintenance may be performed.
(3) No backflow prevention assembly shall be removed from use, relocated,
or other assembly substituted without the approval of the water utilities
Aaaagerdirector. Whenever an existing backflow prevention assembly is
moved from its present location or cannot be repaired, the assembly shall
be replaced with a backflow prevention assembly in compliance with this
section. The new assembly shall be installed and tested in compliance
with this section.
(4) Test gauges used for backflow prevention assembly testing shall be
calibrated at least annually in accordance with the American Water Works
Association's Recommended Practice for Backflow Prevention and Cross-
Connection Control (Manual M14) or the University of Southern
California's Manual of Cross-Connection Control. The water utilities
FnaRage director may require calibration reports or other documentation
of compliance with this requirement.
(5) City personnel may perform inspections and request testing of backflow
prevention assemblies while they are present to verify proper testing and
to determine the proper operation of assemblies. The city shall not be
liable for damage caused to any backflow prevention assembly as a result
of the inspection or testing.
(n) Emergency suspension of water utility service.
(1) The water utilities manage"rector may, without prior notice, suspend
water service to any premises when such suspension is necessary to
stop an actual or threatened backflow which:
a. Presents or may present imminent and substantial danger to the
environment or to the health or welfare of persons; or
b. Presents or may present imminent and/or substantial danger to
the city's public water supply.
(2) As soon as is practical after the suspension of service, the water utilities
manage-director shall notify the owner or person in charge of the
premises of the suspension, in person or by certified mail, return receipt
requested, and shall order such person to correct the cross-connection
which allowed the backflow to occur. When time permits, the water
utilities maRage;-director should also notify the owner or person in charge
prior to suspending water service.
(3) The water utilities maeager—director shall not reinstate suspended
services until:
a. The person presents proof, satisfactory to the water utilities
reanagwdirector, that the hazard has been eliminated and its
cause determined and corrected;
b. The person pays the city for all costs the city incurred in
responding to the backflow or threatened backflow; and
C. The person pays the city for all costs the city will incur in
reinstating service.
(4) A person whose service has been suspended, may appeal such
enforcement action to the water utilities maRagerdirector, in writing, within
ten (10) days of notice of the suspension.
(5) A person commits an offense if the person reinstates water service to the
premises suspended pursuant to this section, without the prior written
approval of the water utilities eaanagefdirector.
(o) Non-emergency termination of water utility service.
(1) The water utilities maaager--director may terminate the city provided water
supply of any user who violates the following conditions:
a. Refusing the water utilities maRage-r director reasonable access to
the water user's premises for the purpose of inspection;
b. Hindering or denying the water utilities manage director access to
backflow prevention assemblies;
C. Failing to install maintain, or test backflow prevention assemblies
as required by the water utilities maRage4:director and this section;
or
d. Failing to install, maintain, and operate their piping and plumbing
systems in accordance with the city's plumbing code.
(2) The water utilities maRagef-director will notify a water user in writing of
the proposed termination of its water supply by certified mail, return
receipt requested. The water user may petition the water utilities ManageK
director for a reconsideration of the decision.
(3) Exercise of this enforcement option by the water utilities maRage�director
shall not be a bar to, nor a prerequisite for, taking any other action against
the water user.
(4) The water utilities maRager--director shall not reinstate suspended
services until:
a. The person presents proof, satisfactory to the water utilities
nanagW irector, that the condition has been eliminated and its
cause determined and corrected;
b. The person pays the city for all costs the city incurred in
responding to the backflow or threatened backflow; and
C. The person pays the city for all costs the city will incur in
reinstating service.
(5) A person commits an offense if the person reinstates water service to the
premises terminated pursuant to this section, without the prior written
approval of the water utilities rnaRagerdirector.
(p) Penalties.
(1) Criminal penalty. A person who violates a provision of this chapter shall
be guilty of a misdemeanor punishable by a fine not to exceed two
thousand dollars ($2,000.00), in accordance with § 54.001, Texas Local
Government Code.
(2) Civil penalty. The city attorney is authorized to commence an action for
appropriate equitable or injunctive relief in a court of competent
jurisdiction, in accordance with § 54.012, Texas Local Government Code.
Such relief may include:
a. A civil penalty not to exceed one thousand dollars ($1,000.00) per
violation per day;
b. Recovery for expenses incurred by the city in responding to a
violation of this section;
C. Injunction to prevent a violation of this section; and
d. All other damages, costs, and remedies to which the city may be
entitled.
(Ord. No. 01-032, § 1, 3-27-01)
Sec. 28-58. Grease and grit traps.
_ I
(a) Purpose. The purpose of this section is:
(1) To prevent the introduction of wastewaters containing oil and grease
and/or solids in amounts which may cause stoppages or obstruction of
flow, or in any other way prevent or inhibit operation of the publicly owned
treatment works (POTW), including the sanitary sewer collection system
and the treatment plant.
(2) To protect the environment, and the health, safety, and welfare of the
public and the POTW workers.
(3) Set forth uniform requirements for the maintenance of grease traps, grit
traps, interceptors, and separators.
(b) Definitions.
Biochemical oxygen demand (BOD). The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five (5)
days at twenty (20) degrees Celsius.
Bioremediation media. Bacterial cultures, enzymes, or other media which are
designed to eliminate or reduce the need for the mechanical cleaning of grease traps.
City or the city. The City of Beaumont, Texas, or its authorized representative,
which, for the purposes of implementation and enforcement of the grease and grit trap
program, shall normally mean representatives of water utilities.
Commercial grease generator. All commercial food preparation and food service
establishments that may discharge grease including, but not limited to bakeries,
caterers, butcher shops, cafes, clubhouses, delicatessens, hospitals, hotels, restaurants,
schools, institutions, or similar places where meat, poultry, seafood, dairy products, fried
foods or other foods are prepared or served, but shall not apply to any residence not
used for the commercial preparation and sale of food items or to an exempt
establishment.
Commercial/industrial grit generator. All commercial or industrial generators of
liquid waste containing petroleum-based oil and grease wastes, and inorganic solids
including, but not limited to automotive or heavy machinery repair and/or washing
facilities. Those facilities monitored under the city's federally and state approved
pretreatment program shall be exempted from the provisions of this section.
Director. The person in charge of water utilities for the city, or his/her authorized
representative.
Exempt establishment. A commercial establishment that:
(1) Operates for a maximum duration of ten (10) days in connection with an
annual event such as a fair, carnival, circus, public exhibition, or other
public gathering;
(2) Sells or serves prepackaged or precooked foods that would require
warning only or served without additional processing, no cooking;
(3) Serves only snow cones, drinks, or ice cream products;
(4) Bars and clubs serving drinks only and where no food is prepared;
(5) Produce markets without food grinders;
(6) Grocery or convenience stores without food preparation, meat cutting, or
packaging, delicatessens, or bakeries;
(7) Day care centers who primarily serve microwave dishes, using single
service items.
Food. Any substance, whether solid or liquid, and whether animal, vegetable, or
fruit origin, intended to be used or commonly used as a food for human consumption.
Food establishment. Any place where food is manufactured, packaged,
produced, processed, prepared, or served for commercial, public, or facility resident
consumption. The term includes any such place regardless of whether there is a charge
for the food. The term does not include private homes where food is prepared for
individual family consumption.
Generator. A person who causes creates, generates, stores, or otherwise
produces liquid waste or owns property upon which liquid waste is caused, created,
generated, stored, or produced, including but not limited to grease trap waste, grit trap
waste, and food waste as a by-product of a domestic or nondomestic activity other than
merely as a result of mere residence at a nonbusiness location. "Generator" as used in
this section includes both a commercial grease generator and a commercial/industrial
grit generator.
Grease trap. A receptacle utilized by commercial or industrial generators of liquid
waste to intercept, collect, and restrict the passage or organic, inorganic, greasy or fatty
liquid, semi-liquid, and/or solid wastes into both public and private sanitary sewers to
which the receptacle is directly or indirectly connected.
Grease trap waste. Any organic, inorganic, greasy or fatty liquid, semi-liquid,
and/or solid wastes collected by and ultimately removed from a grease trap for proper
disposal.
Grit trap. A receptacle utilized by commercial or industrial generators of liquid
waste to intercept, collect, and restrict the passage of petroleum-based oil and grease
wastes and inorganic or other solids into private and public sanitary sewers to which the
receptacle is directly or indirectly connected.
Grit trap waste. Oil and grease wastes and inorganic solids generated by
commercial, industrial, automotive or heavy machinery repair and/or washing facilities
that are collected by and ultimately removed from a grit trap for disposal.
depaFtMGRt.
Manifest. The written, multi-part documentation detailing the generator of the
grease trap waste, who the transporter is, and the disposal facility for the waste.
POTW. Publicly owned treatment works as defined in 40 CFR Section 403.3,
including any amendments thereto; the municipal wastewater treatment system including
the sanitary sewer system.
Sampling port or sample well. An approved device or manhole installed in the
facility sewer specifically designed to facilitate sampling of the wastewater discharge.
Sanitary sewer. System of pipes, conduit, manholes, and treatment facilities
l
owned or operated by the city which collect, transport, and treat sanitary sewage, and to
which storm, surface, and ground waters are not intentionally or normally admitted.
Separator truck. A truck equipped with a tank or other liquid holding container
designed to separate the grease portion from the waste removed from a grease trap and
to return the other liquid portion to the trap.
Total suspended solids. The total suspended matter that floats on the surface of
or is suspended in water, wastewater, or other liquid, and which is removed by
laboratory filtering.
Water quality manager. The person in charge of the city's approved
pretreatment program.
(c) Prohibitions.
(1) It shall be unlawful for a generator to introduce, or cause to be introduced,
into a grease or grit trap or public sanitary sewer the following:
a. A generator shall not allow any frying vats to discharge into a
grease trap, grit trap, or sanitary sewer or allow waste oil or
grease to discharge to any drain or grease trap, grit trap,
separator, interceptor, or sanitary sewer. Such waste shall be
placed in a container specifically designed to hold such waste and
either utilized by industry or disposed of at a suitable location;
b. A generator shall not discharge or cause to be discharged
plastics, paper, nonbiodegradable oils or other nonbiodegradable
materials;
C. Any wastewaters with an oil and grease level in excess of 200
mg/I or ppm.
(2) It shall be unlawful for a generator to divert wastewater around a
collection point into the sanitary sewer or to a storm drainage system.
(3) The use of separator trucks to pump grease traps and return the liquid
portion to the grease trap is prohibited.
(d) Responsibilities of generator.
(1) A generator shall provide grease traps or grit traps when, in the opinion of
the water quality adFnini6tFatGFmanaqe r, they are necessary for the proper
handling of wastewater. Appeals of the decision of the water quality
I i manager shall be handled as provided for ether appea46
under 28-57--6(eff)(3D hereof.
(2) Grease and grit traps shall be constructed to prevent fats, oils, or greases
from entering the sanitary sewer in concentrations greater than 200 mg/I
and shall be located so that they are easily accessible for cleaning,
maintenance, and inspection. The installation of grease traps or grit traps
shall comply with the requirements of the city's plumbing code.
(3) A generator shall properly install a sample port or sample well for ease in
sampling the wastewater discharge from the grease or grit trap. Sample
ports shall meet the following criteria:
a. The sample port shall be installed and maintained at the
generator's expense;
b. The sample port shall be installed as close as possible to the
connection to the city sanitary sewer main within the bounds of the
facility property;
C. The port shall be installed according to the specifications obtained
from city water utilities. It shall be installed perpendicular to the
effluent flow to allow visual observation and sampling;
d. The port shall be accessible for monitoring authorities;
e. New facilities being constructed shall have the sample port
installed before opening for business. Established generators
must install a sample port within six (6) months of approval of this
ordinance;
f. Exempt establishments may be required to install a sample port
for inspection purposes.
(4) A generator of grease trap or grit trap waste shall have the trap serviced
as frequently as necessary to prevent bypass or overflow, and to insure
proper operation of the trap. Such generators, at a minimum, shall have
the grease or grit trap cleaned once every three (3) months.
(5) If the city determines that quarterly cleaning of a grease or grit trap is not
sufficient to prevent the discharge of oil and grease in quantities less than
200 mg/I the city will require more frequent cleaning of the grease trap.
(6) A manifest shall be generated every time the grease or grit trap is
pumped or cleaned. The generator shall sign a copy of the manifest as
well as the driver. It shall be the responsibility of the generator to insure
they receive a copy of the manifest from the hauler after the grease or grit
trap has been cleaned and that they receive a final copy of the manifest
after the waste has been disposed of at the final disposal site and the
disposal facility has signed the manifest. A copy of the completed
manifest shall be sent to city water utilities every time the facility's grease
or grit trap is serviced. The manifest must be submitted within twenty-one
(21) days of the servicing of the trap.
(7) The generator shall keep copies of the completed grease or grit trap
waste manifests for three (3) years.
(8) A generator shall have his trap serviced by a transporter having a valid
registration with the state.
(9) Grease and grit traps shall be inspected for seepage into the surrounding
media whenever the trap has been pumped. The generator shall repair,
replace, or install apparatus and equipment as necessary to ensure the
proper operation and function of the trap.
(10) A generator shall supervise the servicing of their grease or grit traps and
shall ensure they are completely emptied by the transporter during such
servicing. The transporter shall not return any material to the grease or
grit trap once the trap has been cleaned.
(11) A generator shall clean up or cause to be cleaned up all spills of liquid or
solid waste and shall have the waste properly disposed of by the
transporter.
(12) A generator that is located in a multi-user building may be required to
separate sanitary sewer flows from adjacent sites and install a water
submeter to measure individual water consumption or utilize some other
method approved by the water quality adFninOstFatGr--manager or his
designee.
(13) The cost of complying with all sections of this section shall be the
responsibility of the property owner and their lessees. These costs
include but are not limited to any maintenance, analysis, grease or grit
trap cleaning, repair, replacement, or modification, and installation of
sample wells or ports.
(e) Bioremediation.
(1) It shall be unlawful for any generator to introduce, cause, or permit the
introduction of any bioremediation media into a grease trap except as
authorized by the water quality administFatoFmanager.
(2) Bioremediation media may be used with the water quality '
manager's approval if a generator proves to the water quality
as ' manager's satisfaction that:
a. The media will be a pure, live, bacterial product and will not
contain any surfactants, emulsifiers, or substances which act as a
solvent for fats, oils, or greases;
b. The amount of oil and grease discharged to the sanitary sewer
after the use of the media will not exceed the discharge limits for
oil and grease of 200 mg/I;
C. The pH of the discharge will not be less than 6.0 or greater than
11.0;
d. The use of the media will not reduce the buoyancy of the grease
layer in the grease trap and will not increase the potential of oil
and grease to be discharged to the sanitary sewer;
e. The media will not be destroyed by the use of domestic or
commercial disinfectants and detergents or hot water;
f. Any waste pumped from the grease or grit trap after use of the
media must be acceptable at disposal sites for the waste;
g. The use of the bioremediation media will not cause foaming in the
sanitary sewer.
(f) Request for exemption from the regulations of this section.
(1) If generator believes that quarterly pumping of their grease or grit trap is
not justified that generator must request in writing an exemption to the
requirement. To qualify for the exemption the generator must:
a. Have an independent laboratory sample and analyze a monthly
grab wastewater discharge sample for oil and grease;
b. The samples shall be collected from the sample port or well;
C. When analyzed the oil and grease must be less than 200 mg/I.
(2) If a generator believes that they do not need a grease or grit trap and do
not fall into any of the exempted categories they must submit to the water
quality manager the following information to prove their
exemption:
a. The name, address, and telephone number of the business;
b. The name of the manager or other contact at the business;
C. A description of the business;
d. The type, size, and maintenance schedules of any wastewater
pretreatment devices;
e. The names of all haulers of any waste and recycled products who
have hauled from the business in the previous year;
f. A statement of whether employees are trained in waste disposal
practices;
g. A plan showing the locations of all water and sewer connections,
fixtures, sample ports, backflow prevention devices, and any other
treatment devices;
h. A copy of all printed menus if it is an eating establishment;
i. A description of any changes planned to the structure;
j. Any planned significant changes to the user's operation or system
which might alter the nature, quality, or volume of its wastewater;
k. A statement as to why the generator believes it qualifies for an
exemption;
I. Any other information as may be deemed necessary by the water
quality manager to evaluate the wastewater
discharge.
(3) The water quality manager shall make a decision in regard
to all requests. Should the generator disagree with the decision of the
water quality adFRiR16tFat9Fmanaqer, the generator may appeal such
decision in writing within five (5) days after the written decision of the
water quality admiRi6tratermanager. The appeal shall be to the water
utilities maRago director and shall include any evidence the generator
wishes to provide to prove that the required pumping of grease or grit
traps is not necessary. The decision of the water utilities auger-director
shall be final.
(g) Monitoring and surcharges for BOD/TSS concentrations.
(1) Generators shall, once a year, submit to the water utilities
div+s+e�adepartment, an analytical report documenting the BOD and TSS
concentration discharged to the sanitary sewer. Samples will not be taken
within one week of having the grease or grit trap cleaned, exceptions
shall be granted if the trap is being pumped out on a weekly basis.
(2) The sampling and analysis shall be performed by an independent
laboratory according to the requirements of 40 CFR Part 136.
(3) All wastewater samples must be representative of the generator's
discharge.
(4) If the generator's discharge shows either or both of the following
characteristics, then the generator shall be subject to a surcharge as
implemented by the city:
a. A BOD concentration greater than 250 mg/I;
b. A TSS concentration greater than 300 mg/I.
(5) Representatives of water utilities may also sample a generator's facility at
any reasonable time.
(h) Right of entry, inspection, and sampling.
(1) It shall be unlawful for a generator to refuse to allow the water quality
manager or their authorized representative to enter their
premises during business hours to determine whether the generator is
complying with all the requirements of this section. A generator shall allow
the water quality ad 6tFater-manager or their authorized representative
access to all parts of the premises for the purposes of inspection,
sampling, records examination, copying, and the performance of all other
duties.
(2) If the water quality manager or their authorized
representative has been refused access to a building, structure, or
property, or any part thereof, and is able to demonstrate probable cause
to believe there may be a violation of this section, or that there is a need
to inspect and/or sample as part of a routine inspection and sampling
program of the city designed to verify compliance with this section, to
protect the overall public health, safety, and welfare of the community, or
to protect the wastewater collection system or POTW, then the water
quality manager may seek issuance of a search warrant
from any court of competent jurisdiction.
(i) Penalties.
(1) If the city determines that a generator is responsible for a blockage of a
collection system line the generator shall owe a civil penalty of five
hundred dollars ($500.00) for the first violation, one thousand dollars
($1,000.00) for the second violation, and one thousand five hundred
dollars ($1,500.00) for the third violation within a two-year period.
Continuous violations shall result in an increase in penalty by five
hundred dollars ($500.00) and may also result in termination of services.
The determination shall be made by inspecting the grease or grit traps in
the area, noting their condition, and taking wastewater discharge samples
from the sample ports. Those facilities which have discharges with an oil
and grease above 300 mg/I, or have not had their grease or grit traps
pumped out quarterly, (or the documentation to prove the pumping of the
grease or grit trap was not necessary) shall be considered responsible for
the blockage.
(2) Any person violating any of the provisions of this section shall be subject
to a written warning for the first violation, a five hundred dollar ($500.00)
civil penalty for the second violation, a one thousand dollar ($1,000.00)
civil penalty for the third violation, and a one thousand five hundred dollar
($1,500.00) civil penalty for the fourth violation within a two-year period.
Consistent violations will result in a five hundred dollar ($500.00) increase
in civil penalty and may result in termination of services.
(3) The water quality admiRistrater—manager may suspend water service
and/or wastewater service to a generator to stop an actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons, to the environment, or
causes interference to the POTW and/or the sanitary sewer system.
Service may also be suspended if the generator refuses to abide by this
section or pay any penalty issued.
(4) If a generator is penalized, they may file a written appeal to the water
utilities rnaRagerdirector. The appeal must include evidence proving that
the generator did not violate this section and the appeal must be filed
within five (5) city working days of the generator receiving the penalty.
The decision of the water utilities rrianager-director shall be final.
(j) Adjustment of standards. The technical standards set out in this section shall be
automatically adjusted to conform to any amendment to state or federal law
which changes such standards. The technical standards applicable to generators
in the city shall always be the same as the standards for such generators
established by state or federal law.
(Ord. No. 01-042, § 1, 6-12-01)
Editor's note: Ord. No. 01-042, § 1, adopted June 12, 2001, amended the Code by
adding a new§ 28-57. In order to prevent the duplication of section numbers, the editor
has designated the new provisions § 28-58.
Sec. 28-59. Drought contingency.
(a) Declaration of policy, purpose, and intent. In order to conserve the available
water supply and protect the integrity of water supply facilities, with particular
regard for domestic water use, sanitation, and fire protection, and to protect and
preserve public health, welfare, and safety and minimize the adverse impacts of
water supply shortage or other water supply emergency conditions, the city
hereby adopts the following regulations and restrictions on the delivery and
consumption of water.
Water uses regulated or prohibited under this drought contingency plan are considered
to be non-essential and continuation of such uses during times of water shortage or
other emergency water supply condition are deemed to constitute a waste of water
which subjects the offender(s) to penalties as defined in subsection (p) of this plan.
(b) Public involvement. Opportunity for the public to provide input into the
preparation of the plan was provided by the city by means of providing a public
meeting to provide opportunity to allow public input. The meeting was publicly
announced through the Beaumont Enterprise. The notice for the meeting was
posted at City Hall, 801 Main St., and the meeting was held July 31, 2001.
(c) Public education. The city will periodically provide the public with information
about the plan, including information about the conditions under which each
stage of the plan is to be initiated or terminated and the drought response
measures to be implemented in each stage. This information will be provided by
means of television announcements, press releases and utility bill flyers.
(d) Coordination with regional water planning groups. The service area of the city is
located within the region I, regional water planning area and city has provided a
copy of this plan to region I.
(e) Authorization. The city manager, or his/her designee is hereby authorized and
directed to implement the applicable provisions of this plan upon determination
that such implementation is necessary to protect public health, safety, and
welfare. The city manager, or his/her designee, shall have the authority to initiate
or terminate drought or other water supply emergency response measures as
described in this plan.
(f) Application. The provisions of this plan shall apply to all persons, customers, and
property utilizing water provided by the city. The terms "person" and "customer"
as used in the plan include individuals, corporations, partnerships, associations,
and all other legal entities.
(g) Definitions. For the purposes of this plan, the following definitions shall apply:
Aesthetic water use: Water use for ornamental or decorative purposes such as
fountains, reflecting pools, and water gardens.
Commercial and institutional water use: Water use which is integral to the
operations of commercial and non-profit establishments and governmental entities such
as retail establishments, hotels and motels, restaurants, and office buildings.
Conservation: Those practices, techniques, and technologies that reduce the
consumption of water, reduce the loss or waste of water, improve the efficiency in the
use of water or increase the recycling and reuse of water so that a supply is conserved
and made available for future or alternative uses.
city. Customer. Any person, company, or organization using water supplied by the
Domestic water use: Water use for personal needs or for household or sanitary
purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a
residence, business, industry, or institution.
Even number address: Street addresses, box numbers, or rural postal route
numbers ending in 0, 2, 4, 6, or 8 and locations without addresses.
Industrial water use:The use of water in processes designed to convert materials
of lower value into forms having greater usability and value.
Landscape irrigation use: Water used for the irrigation and maintenance of
landscaped areas, whether publicly or privately owned, including residential and
commercial lawns, gardens, golf courses, parks, and rights-of-way and medians.
Non-essential water use: Water uses that are not essential nor required for the
protection of public, health, safety, and welfare, including:
(1) Irrigation of landscape areas, including parks, athletic fields, and golf
courses, except otherwise provided under this plan;
(2) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane
or other vehicle;
(3) Use of water to wash down any sidewalks, walkways, driveways, parking
lots, tennis courts, or other hard-surfaced areas;
(4) Use of water to wash down buildings or structures for purposes other than
immediate fire protection;
(5) Flushing gutters or permitting water to run or accumulate in any gutter or
street;
(6) Use of water to fill, refill, or add to any indoor or outdoor swimming pools
or jacuzzi-type pools;
(7) Use of water in a fountain or pond for aesthetic or scenic purposes except
where necessary to support aquatic life;
(8) Failure to repair a controllable leak(s) within a reasonable period after
having been given notice directing the repair of such leak(s); and
(9) Use of water from hydrants for construction purposes or any other
purposes other than fire fighting.
Odd numbered address: Street addresses, box numbers, or rural postal route
numbers ending in 1, 3, 5, 7, or 9.
(h) Criteria for initiation and termination of drought response stages. The city
manager, or his/her designee shall monitor water supply and/or demand
conditions on a daily basis and shall determine when conditions warrant initiation
or termination of each stage of the plan, that is, when the specified "triggers" are
reached. The triggering criteria described below are based on known system
capacity limits. Future improvements to the city's water system will increase
capacity and this plan will be modified to reflect the system's upgraded capacity.
(1) Stage 1 triggers--Mild water shortage conditions.
a. Requirements for initiation. Customers shall be requested to
voluntarily conserve water and adhere to the prescribed
restrictions on certain water uses, defined in subsection 28-59(g),
definitions, when total daily water demand equals or exceeds
thirty-seven million (37,000,000) gallons for three (3) consecutive
days or thirty-eight million (38,000,000) gallons on a single day
(e.g., based on the "safe" operating capacity of water supply
facilities).
b. Requirements for termination. Stage 1 of the plan may be
rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of three (3) consecutive days.
(2) Stage 2 triggers--Moderate water shortage conditions.
a. Requirements for initiation. Customers shall be required to comply
with the requirements and restrictions on certain non-essential
water uses provided in subsection (i) of this plan when the total
daily water demand equals or exceeds thirty-eight million
(38,000,000) gallons for three (3) consecutive days or thirty-nine
million (39,000,000) gallons on a single day.
b. Requirements for termination. Stage 2 of the plan may be
rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of three (3) consecutive days.
Upon termination of stage 2, stage 1 becomes operative.
(3) Stage 3 triggers--Severe water shortage conditions.
a. Requirements for initiation. Customers shall be required to comply
with the requirements and restrictions on certain non-essential
water uses for stage 3 of this plan when the total daily water
demand equals or exceeds thirty-nine million (39,000,000) gallons
for three (3) consecutive days or forty million (40,000,000) gallons
on a single day.
b. Requirements for termination. Stage 3 of the plan may be
rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of three (3) consecutive days.
Upon termination of stage 3, stage 2 becomes operative.
(4) Stage 4 triggers--Critical water shortage conditions.
a. Requirements for initiation. Customers shall be required to comply
with the requirements and restrictions on certain non-essential
water uses for stage 4 of this plan when the total daily water
demand equals or exceeds forty million (40,000,000) gallons for
three (3) consecutive days or forty-two million (42,000,000)
gallons on a single day.
b. Requirements for termination. Stage 4 of the plan may be
rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of two (2) consecutive days.
Upon termination of stage 4, stage 3 becomes operative.
(5) Stage 5 triggers--Emergency water shortage conditions.
a. Requirements for initiation. Customers shall be required to comply
with the requirements and restrictions for stage 5 of this plan when
the city manager, or his/her designee, determines that a water
supply emergency exists based on:
1. Major water line breaks, or pump or system failures occur,
which cause unprecedented loss of capability to provide
water service; or
2. Natural or man-made contamination of the water supply
source(s).
b. Requirements for termination. Stage 5 of the plan may be
rescinded when all of the conditions listed as triggering events
have ceased to exist for a period of three (3) consecutive days.
(i) Drought response stages. The city manager, or his/her designee, shall monitor
water supply and/or demand conditions on a daily basis and, in accordance with
the triggering criteria set forth in subsection (h) of this plan, shall determine that a
mild, moderate, severe, critical, emergency or water shortage condition exists
and shall implement the following notification procedures:
(1) Notification of the public (all trigger stages):The city manager or his/here
designee shall notify the public by means of:
a. Publication in a newspaper of general circulation, (The Beaumont
Enterprise);
b. Public service announcements, (local television and radio
stations);
(2) Additional notification: The city manager or his/her designee shall notify
directly, or cause to be notified directly, the following individuals and
entities:
a. Mayor and members of the city council and the city fire
department (all trigger stages);
b. City and/or county emergency management coordinator (trigger
stage 3 or above);
C. TNRGG—TCEQ (required when mandatory restrictions are
imposed) (triggers 4 and 5);
d. Major water users (trigger stage 3 and above);
e. Critical water users, i.e. hospitals, prisons, etc. (trigger stage 3
and above);
f. Parks/street superintendents and public facilities managers (any
trigger stage);
(j) Stage 1 response--Mild water shortage conditions.
(1) Goal. Achieve a voluntary eight (8) percent reduction in total water
demand.
(2) Supply management measures:
a. Reduced flushing of water mains;
b. Discontinue fire hydrant flushing;
(3) Voluntary water use restrictions:
a. Water customers are requested to voluntarily limit the irrigation of
landscaped areas to Sundays and Thursdays for customers with a
street address ending in an even number (0, 2, 4, 6 or 8), and
Saturdays and Wednesdays for water customers with a street
address ending in an odd number (1, 3, 5, 7 or 9), and to irrigate
landscapes only between the hours of midnight and 10:00 a.m.
and 8:00 p.m. to midnight on designated watering days.
b. All operations of the city shall adhere to water use restrictions
prescribed for stage 2 of the plan.
C. Water customers are requested to practice water conservation
and to minimize or discontinue water use for non-essential
purposes.
(k) Stage 2 response--Moderate water shortage conditions.
(1) Goal:Achieve a ten (10) percent reduction in total water demand.
(2) Supply management measures:
a. Reduce or discontinued flushing of water mains;
b. Discontinue fire hydrant testing;
C. Reduced or discontinued irrigation of public landscaped areas;
d. Implement measures to return all system components to full
production capacity;
(3) Water use restrictions: Under threat of penalty for violation, the following
water use restrictions shall apply to all persons:
a. Irrigation of landscaped areas with hose-end sprinklers or
automatic irrigation systems shall be limited to Sundays and
Thursdays for customers with a street address ending in an even
number (0, 2, 4, 6 or 8), and Saturdays and Wednesdays for water
customers with a street address ending in an odd number (1, 3, 5,
7 or 9), and irrigation of landscaped areas is further limited to the
hours of 12:00 midnight until 10:00 a.m. and between 8:00 p.m.
and 12:00 midnight on designated watering days. However,
irrigation of landscaped areas is permitted at anytime if it is by
means of a hand-held hose, a faucet filled bucket or watering can
of five (5) gallons or less, or drip irrigation system.
b. Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle is prohibited except on designated
watering days between the hours of 12:00 midnight and 10:00
a.m. and between 8:00 p.m. and 12:00 midnight. Such washing,
when allowed, shall be done with a hand-held bucket or a hand-
held hose equipped with a positive shutoff nozzle for quick rises.
Vehicle washing may be done at any time on the immediate
premises of a commercial car wash or commercial service station.
Further, such washing may be exempted from these regulations if
the health, safety, and welfare of the public is contingent upon
frequent vehicle cleansing, such as garbage trucks and vehicles
used to transport food and perishables.
C. Use of water to fill, refill, or add to any indoor or outdoor swimming
pools, wading pools, or jacuzzi-type pools is prohibited except on
designated watering days between the hours of 12:00 midnight
and 10:00 a.m. and between 8 p.m. and 12:00 midnight.
d. Operation of any ornamental fountain or pond for aesthetic or
scenic purposes is prohibited except where necessary to support
aquatic life or where such fountains or ponds are equipped with a
recirculation system.
e. Use of water from hydrants shall be limited to fire fighting, related
activities, or other activities necessary to maintain public health,
safety, and welfare, except that use of water from designated fire
hydrants for construction purposes may be allowed under special
permit from the city.
f. Use of water for the irrigation of golf course greens, tees, and
fairways is prohibited except on designated watering days
between the hours 12:00 midnight and 10:00 a.m. and between 8
p.m. and 12:00 midnight. However, if the golf course utilizes a
water source other than that provided by the city, the facility shall
not be subject to these regulations.
g. All restaurants are prohibited from serving water to patrons except
upon request of the patron.
h. The following uses of water are defined as non-essential and are
prohibited:
1. Wash down of any sidewalks, walkways, driveways,
parking lots, tennis courts, or other hard-surfaced areas;
2. Use of water to wash down buildings or structures for
purposes other than immediate fire protection;
3. Use of water for dust control;
4. Flushing gutters or permitting water to run or accumulate in
any gutter or street; and
5. Failure to repair a controllable leak(s) within a reasonable
period after having been given notice directing the repair of
such leak(s).
(I) Stage 3 response--Severe water shortage conditions.
(1) Goal: Achieve a twelve and one-half (12.5) percent reduction in total
water demand.
(2) Supply management measures:
a. All measures described for stage 2;
b. Aggressively locate and repair major water main leaks and
breaks;
(3) Water use restrictions: All requirements of stage 2 shall remain in effect
during stage 3 except:
a. Irrigation of landscaped areas shall be limited to designated
watering days between the hours of 12:00 midnight and 10:00
a.m. and between 8:00 p.m. and 12:00 midnight and shall be by
means of hand-held hoses, hand-held buckets, drip irrigation, or
permanently installed automatic sprinkler system only. The use of
hose-end sprinklers is prohibited at all times.
b. The watering of golf course tees is prohibited unless the golf
course utilizes a water source other than that provided by the city.
(m) Stage 4 response--Critical water shortage conditions.
(1) Goal.Achieve a fifteen (15) percent reduction in total water demand.
(2) Supply management measures: All measures described in stages 2 and
3.
(3) Water use restrictions: All requirements of stage 2 and 3 shall remain in
effect during stage 4 except:
a. Irrigation of landscaped areas shall be limited to designated
watering days between the hours of 6:00 a.m. and 10:00 a.m. and
between 8:00 p.m. and 12:00 midnight and shall be by means of
hand-held hoses, hand-held buckets, or drip irrigation only. The
use of hose-end sprinklers or permanently installed automatic
sprinkler systems are prohibited at all times.
b. Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle not occurring on the premises of a
commercial car wash and commercial service stations and not in
the immediate interest of public health, safety, and welfare is
prohibited. Further, such vehicle washing at commercial car
washes and commercial service stations shall occur only between
the hours of 6:00 a.m. and 10:00 a.m. and between 6:00 p.m. and
10:00 P.M.
C. The filling, refilling, or adding of water to swimming pools, wading
pools, and jacuzzi-type pools is prohibited.
d. Operation of any ornamental fountain or pond for aesthetic or
scenic purposes is prohibited except where necessary to support
aquatic life or where such fountains or ponds are equipped with a
recirculation system.
e. No application for new, additional, expanded, or increased-in-size
water service connections, meters, service lines, pipeline
extensions, mains, or water service facilities of any kind shall be
approved, and time limits for approval of such applications are
hereby suspended for such time as this drought response stage or
a higher-numbered stage shall be in effect.
f. The use of water for construction purposes from designated fire
hydrants under special permit is to be discontinued.
(n) Stage 5 response--Emergency water shortage conditions.
(1) Goal.Achieve a thirty (30) percent reduction in total water demand.
(2) Supply management measures: All measures described in stages 2, 3,
and 4.
(3) Water use restrictions. All requirements of stage 2, 3, and 4 shall remain
in effect during stage 5 except:
a. Irrigation of landscaped areas is absolutely prohibited.
b. Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle is absolutely prohibited.
C. All water usage except that required to protect the public health,
safety, and welfare is prohibited.
(o) Enforcement.
(1) No person shall knowingly or intentionally allow the use of water from the
city for residential, commercial, industrial, agricultural, governmental, or
any other purpose in a manner contrary to any provision of this plan, or in
an amount in excess of that permitted by the drought response stage in
effect at the time pursuant to action taken by the city manager, or his/her
designee, in accordance with provisions of this plan.
(2) Any person who violates this plan is guilty of a misdemeanor and, upon
conviction shall be punished by a fine of not less than two hundred fifty
dollars ($250.00) and not more than two thousand dollars ($2000.00).
Each day that one or more of the provisions in this plan is violated shall
constitute a separate offense. If a person is convicted of three (3) or more
distinct violations of this plan, the city manager shall, upon due notice to
the customer, be authorized to discontinue water service to the premises
where such violations occur. Services discontinued under such
circumstances shall be restored only upon payment of a reconnection
charge, hereby established at seventy five dollars ($75.00), and any other
costs incurred by the city in discontinuing service. In addition, suitable
assurance must be given to the city manager that the same action shall
not be repeated while the plan is in effect. Compliance with this plan may
also be sought through injunctive relief in the district court.
(3) Any person, including a person classified as a water customer of the city,
in apparent control of the property where a violation occurs or originates
shall be presumed to be the violator, and proof that the violation occurred
on the person's property shall constitute a rebuttable presumption that the
person in apparent control of the property committed the violation, but any
such person shall have the right to show that he/she did not commit the
violation. Parents shall be presumed to be responsible for violations of
their minor children and proof that a violation, committed by a child,
occurred on property within the parents' control shall constitute a
rebuttable presumption that the parent committed the violation, but any
such parent may be excused if he/she proves that he/she had previously
directed the child not to use the water as it was used in violation of this
plan and that the parent could not have reasonably known of the violation.
(4) Any employee of the city, police officer, or other city employee designated
by the city manager, may issue a citation to a person he/she reasonably
believes to be in violation of this section. The citation shall be prepared in
duplicate and shall contain the name and address of the alleged violator,
if known, the offense charged, and shall direct him/her to appear in the
city municipal court on the date shown on the citation for which the date
shall not be less than three (3) days nor more than ten (10) days from the
date the citation was issued. The alleged violator shall be served a copy
of the citation. Service of the citation shall be complete upon delivery of
the citation to the alleged violator, to an agent or employee of a violator,
or to a person over fourteen (14) years of age who is a member of the
violator's immediate family or is a resident of the violator's residence. The
alleged violator shall appear in the city municipal court to enter a plea of
guilty or not guilty for the violation of this plan. If the alleged violator fails
to appear in the city municipal court, a warrant for his/her arrest may be
issued. A summons to appear may be issued in lieu of an arrest warrant.
These cases shall be expedited and given preferential setting in,
municipal court before all other cases.
(p) Variances.
(1) The city manager, or his/her designee, may, in writing, grant temporary
variance for existing water uses otherwise prohibited under this plan if it is
determined that failure to grant such variance would cause an emergency
condition adversely affecting the health, sanitation, or fire protection for
the public or the person requesting such variance and if one or more of
the following conditions are met:
a. Compliance with this plan cannot be technically accomplished
during the duration of the water supply shortage or other condition
for which the plan is in effect.
b. Alternative methods can be implemented which will achieve the
same level of reduction in water use.
(2) Persons requesting an exemption from the provisions of this section shall
file a petition for variance with the city within five (5) days after the plan or
a particular drought response stage has been invoked. All petitions for
variances shall be reviewed by the city manager, or his/her designee, and
shall include the following:
a. Name and address of the petitioner(s).
b. Purpose of water use.
C. Specific provision(s) of the plan from which the petitioner is
requesting relief.
d. Detailed statement as to how the specific provision of the plan
adversely affects the petitioner or what damage or harm will occur
to the petitioner or others if petitioner complies with this section.
e. Description of the relief requested.
f. Period of time for which the variance is sought.
g. Alternative water use restrictions or other measures the petitioner
is taking or proposes to take to meet the intent of this plan and the
compliance date.
h. Other pertinent information.
(3) Variances granted by the city manager shall be subject to the following
conditions, unless waived or modified by the city manager or his/her
designee:
a. Variances granted shall include a timetable for compliance.
b. Variances granted shall expire when the plan is no longer in
effect, unless the petitioner has failed to meet specified
requirements.
(4) No variance shall be retroactive or otherwise justify any violation of this
plan occurring prior to the issuance of the variance.
(q) Application of drought contingency plan to wholesale customers of the city water
system.
(1) Pro rata water allocation. In the event that the triggering criteria specified
in subsection (h)(3) of the plan for stage 3 severe water shortage
conditions have been met, the city manager is hereby authorized initiate
allocation of water supplies on a pro rata basis in accordance with Texas
Water Code section 11.039 and according to the following water
allocation policies and procedures:
a. A wholesale customer's monthly allocation shall be a percentage
of the customer's water usage baseline. The percentage will be
set by resolution of the city based on the city manager's
assessment of the severity of the water shortage condition and the
need to curtail water diversions and/or deliveries and may be
adjusted periodically by resolution of the city as conditions
warrant. Once pro rata allocation is in effect, water diversions or
by deliveries to each wholesale customer shall be limited to the
allocation established for each month.
b. A monthly water usage allocation shall be established by the city
manager or his/her designee, for each wholesale customer. The
wholesale customer's water usage baseline will be computed on
the average water usage by month for the 1995--2000 calendar
year period. If the wholesale water customer's billing history is less
than five (5) years, the monthly average for the period for which
there is a record shall be used for any monthly period for which no
billing history exists.
C. The city manager shall provide notice, by certified mail, to each
wholesale customer informing them of their monthly water usage
allocations and shall notify the news media and the executive
director of the
�TCEQ upon initiation of pro rata water allocation.
d. Upon request of the customer or at the initiative of the city
manager the allocation may be reduced or increased if:
1. The designated period does not accurately reflect the
wholesale customer's normal water usage;
2. The customer agrees to transfer part of its allocation to
another wholesale customer; or
3. Other objective evidence demonstrates that the designated
allocation is inaccurate under present conditions.
A customer may appeal an allocation established hereunder to the
city council of the city.
(2) Enforcement. During any period when pro rata allocation of available
water supplies is in effect, wholesale customers shall pay the following
surcharges on excess water diversions and/or deliveries:
a. One hundred ten (110) percent of the normal water charge for
water diversions and/or deliveries in excess of the monthly
allocation up through five (5) percent above the monthly
allocation.
b. One hundred twenty (120) percent of the normal water charge for
water diversions and/or deliveries in excess of the monthly
allocation from five (5) percent through ten (10) percent above the
monthly allocation.
C. One hundred fifty (150) percent of the normal water charge for
water diversions and/or deliveries in excess of the monthly
allocation from ten (10) percent through fifteen (15) percent above
the monthly allocation.
d. Two (2) times the normal water charge for water diversions and/or
more than fifteen (15) percent above the monthly allocation.
e. The above surcharges shall be cumulative.
(3) Variances.
a. The city manager, or his/her designee, may, in writing, grant a
temporary variance to the pro rata water allocation policies
provided by this plan if it is determined that failure to grant such
variance would cause an emergency condition adversely affecting
the public health, welfare, or safety and if one or more of the
following conditions are met:
1. Compliance with this plan cannot be technically
accomplished during the duration of the water supply
shortage or other condition for which the plan is in effect.
2. Alternative methods can be implemented which will
achieve the same level of reduction in water use.
b. Persons requesting an exemption from the provisions of this plan
shall file a petition for variance with the city manager within five (5)
days after pro rata allocation has been invoked. All petitions for
variances shall be review by the city council, and shall include the
following:
1. Name and address of the petitioner(s);
2. Detailed statement with supporting data and information as
to how the pro rata allocation of water under the policies
and procedures established in the plan adversely affects
the petitioner or what damage or harm will occur to the
petitioner or others if petitioner complies with this section;
3. Description of the relief requested;
4. Period of time for which the variance is sought;
5. Alternative measure the petitioner is taking or proposes to
take to meet the intent of this plan and the compliance
date.
6. Other pertinent information.
C. Variances granted by the city shall be subject to the following
conditions, unless waived or modified by the city or its designee:
1. Variances granted shall include a timetable for compliance.
2. Variances granted shall expire when the plan is no longer
in effect, unless the petitioner has failed to meet specified
requirements.
(Ord. No. 01-058, § 1, 7-31-01; Ord. No. 01-078, § 1, 10-9-01)
Editor's note: Ord. No. 01-058, § 1, adopted July 31, 2001, amended the Code by
adding a new§ 28-58. In order to prevent the duplication of section numbers, the editor
has designated the new provisions § 28-59.
Secs. 28-60--28-79. Reserved.
ARTICLE IV. WATER AND SEWER LINE EXTENSIONS
Sec. 28-80. Definitions.
As used in this article, the following terms shall have the respective meanings
ascribed to them:
Boundary sewer: A sewer installed in a street bounding a development or faced
on only one side by a development, which can also serve property not included in the
development on the opposite side of the street.
Boundary water line:A water line, installed in a street bounding a development or
faced on only one side by a development, which can also serve property not included in
the development on the opposite side of the street.
Department:The Peb1is-werkswater utilities department of the city.
Development:A subdivision, ,
as defined in the city's subdivision regulations.
Director: The director of the water utilities department of p6lbl+s-werk6-or his
appointed representative.
Engineer.A professional engineer licensed by the state.
Lot. Land occupied or intended for occupancy by a main building together with its
accessory buildings, and the yard and parking spaces required, and having its principal
frontage upon a street as defined herein.
Owner's front footage: Owner's front footage, for purposes of determining pro
rata charges to be paid by the owner of a lot for sewer service or water service and for
which there will be no reimbursement, shall be determined by the owner's lot condition,
as follows:
(a) Regular lot. A lot generally rectangular in shape. Front footage of a
regular lot shall be measured along the property line facing the street.
(b) Irregular lot: Any lot of a nonrectangular shape, except the radial lot
defined below. The front footage of an irregular lot shall be equal to one
front foot for each one hundred twenty-five (125) square feet of lot area,
but shall never exceed the maximum measured width of the lot at any
depth of the lot, parallel to the street line.
(c) Radial lot. A lot abutting a curved street and in general having sides
which are radial to the street. Front footage of a radial lot shall be
measured as the chord distance at a point twenty-five (25) feet from the
front property line.
(d) Corner lot. A lot situated on the corner of a block and having more than
one side facing a street. Front footage shall be measured along the side
of the lot to which service connection is made.
Pro rata:The charge per front foot of abutting land to be paid by the lot owner or
owner of a development to aid in defraying the cost of supplying sewer service or water
service (as the case may be) to their lot or site. The amount of the charge will be
determined, pested and as Fequired by the department.
(a) Single pro rata:The charge based on the front footage of abutting land on
only one side of the street or easement.
(b) Double pro rata: The charge based on the front footage of abutting land
on both sides of the street or easement.
Street: A public thoroughfare which has been dedicated or deeded to the public
for public use, which has been officially approved by the governing body of the city, and
which affords the principal means of access to property abutting it.
(Code 1958, § 40A-2)
Sec. 28-81. Purpose and scope.
The purpose of this article is to establish a policy for the city for extending
sanitary sewer and water lines and for the sewer and water service connections to such
extensions, and to establish rules governing such extensions and connections. It is not
the intention of this article to obligate, and the city shall not be obligated to participate in
or proceed with any construction covered by this article when funds are not available or
when, in the discretion of the director of PWbIdG weFk6water utilities, the construction is
not practical. It is not the intention of this article to limit the right of the city to extend
sanitary sewer or water lines at its own cost and collect the charges herein set forth from
the applicants for sewer or water service, and such right is herein reserved. The city
shall own all sewers and water lines, including service connections, constructed and
accepted under the terms of this article.
(Code 1958, § 40A-1)
Sec. 28-82. General rules for extensions.
Sanitary sewer lines or water lines will be extended in the city in accordance with
the following rules:
(1) Individual lots: Sanitary sewers and water lines of proper size will be
extended by the city in its easements and streets to serve individual lots,
according to the following rules:
(a) For the first three hundred (300) feet of the extension (not
including the width of street intersections and alleys), the lot owner
requesting extension shall pay single pro rata for the distance of
the extension. This pro rata is reimbursable as hereinafter
provided, except for the pro rata paid on the owner's front footage.
(b) For the remainder of the extension required to install the sewer or
water line across the total width of the lot of the owner requesting
extension, the lot owner shall pay double pro rata. This pro rata is
reimbursable as hereinafter provided, except for the pro rata paid
on the owner's front footage.
(c) Should the lot owner requesting extension require a sewer or
water line in excess of the size required by the city, the owner
shall pay all additional costs for the oversize sewer or water line.
(d) In addition to the payments specified above, the lot owner or
customer must pay the appropriate service connection charges
before service connections can be made.
(e) No construction shall be scheduled nor begun by the city until all
extension charges have been paid to the city.
(2) Developments: The owner of a development shall pay for and install all
sewer and water lines and necessary appurtenances thereto within the
boundaries of the development. Lift stations required by the development
within its boundaries shall be paid for and installed by the owner of the
development.
The city will extend sewers or water lines of proper capacity outside the
boundaries of the development to service the development after the
following applicable requirements have been satisfied:
(a) The owner of the development shall pay all costs for installation of
sewer or water line extensions required to extend services to the
boundary of the development.
(b) Should the extension involve the construction of a boundary sewer
or boundary water line, the owner of the development shall pay
double pro rata to the city based on the footage of the
development property abutting the boundary sewer or boundary
water line, as applicable.
(c) Should the city require water line extensions or interior water lines
larger in size than required for the development so long as said
water lines are between the sizes of six (6) inches and sixteen
(16) inches, inclusive, the city shall pay one and one-half (1.5)
times the difference in cost of materials for said water lines. Also,
due allowance shall be made to the owner of the development for
intersections and alleys crossed, outside the development.
Should the city require sewer line extensions or interior sewers
larger in size than required for the development, the city shall pay
for that portion of material cost over and above such
requirements. Also, due allowance shall be made to the owner of
the development for intersections and alleys crossed, outside the
development.
(d) No sewer or water line extension shall be scheduled until all
charges specified herein have been paid by the owner of the
development to the city.
(Code 1958, § 40A-3; Ord. No. 75-46, § 1, 7-15-75)
Sec. 28-83. Charges for sewer and water service.
When no extension of sanitary sewer or water lines (as the case may be) is
necessary to serve an applicant for service, the applicant shall pay pro rata on owner's
front footage in addition to the service connection charge before connection is made to
the sewer or water line. However, if the sewer or water line is within a development, or if
the connection is to be made to a sewer or water line existing on the date of passage of
this article, only the service connection charge shall be paid.
(Code 1958, § 40A-4)
Sec. 28-84. Exemption.
After October 22, 1968, the city shall not collect pro rata on owner's front footage
from any applicant for water or sewer service to a lot upon which the main building or
structure was completed and in existence on October 22, 1968, nor from any applicant
for service to a lot upon which a main building or structure exists for five (5) years after
October 22, 1968, without being provided a sewer and water line upon which connection
could be made. Service connection charges shall, however, be paid by such applicants.
(Code 1958, § 40A-4.1)
Sec. 28-85. Reimbursement.
(1) Owners of lots or developments who participate under this policy in the cost of
sewer or water line extensions to their lots or sites are eligible for certain
reimbursement of such cost, as specified herein, from the city. Except as
provided in (2) below, such owners are eligible for reimbursement to be made
from pro rata collected by the city from connections to the sewer extension or
water line extension (as the case may be) during the period of five (5) years after
completion of the extension, according to the following rules:
(a) No reimbursement shall be made to a lot owner for the owner's front
footage pro rata. No reimbursement shall be made to a development
owner for the cost of sewers or water lines within the boundaries of the
development.
(b) Upon written application of the owner, reimbursements shall be made
once each year during the month of October to cover reimbursable
charges collected during the preceding fiscal year.
(c) A lot owner will be reimbursed one-half the amount of pro rata collected
from connections to that portion (the first three hundred (300) foot section
provided for in section 28-82(1)(a)) up to the boundary of the owner's lot.
(d) A lot owner will be reimbursed the amount of double pro rata collected
from connections to extensions in excess of the three hundred (300) foot
section provided for in section 28-82(1)(a), up to the boundary of the
owner's lot.
(e) A lot owner will be reimbursed the amount of single pro rata collected for
connections from owner's opposite frontage.
(f) Owners of developments will be reimbursed the amount of pro rata
collected from connections to off-site extensions (outside the
development) and boundary sewers and boundary water lines for which
they have made payment.
(g) An owner will never be paid more than one hundred (100) per cent of the
amount actually paid by such owner for extensions along frontage other
than his own property.
(h) No reimbursements shall be made by the city to an owner after one year
from the end of the five (5) year period of eligibility.
(2) In addition to the reimbursements provided for above, the owner of a lot used for
an industrial or commercial establishment, who has paid additional costs for
oversized water lines, as provided in section 28-82(1)(c), shall be eligible for
additional reimbursement from water revenues from the said water line
extension, in the amount of forty (40) per cent of the annual gross revenue, for a
period of five (5) years from the date of completion of the extension, provided
that the additional reimbursement shall never exceed eighty (80) per cent of the
total additional cost of the extension.
(Code 1958, § 40A-5)
Sec. 28-86. Extensions outside of city.
The city may, with specific approval of the city council, extend sewer or water
service outside of the city, according to the following rules:
(1) The provisions of section 28-82, with the exception of the reimbursement
provisions, shall apply to sewer and water line extensions outside the city
limits.
(2) Any lot owner applying for service connections to sewers or water lines
extended under the terms of this article shall pay single pro rata on the
owner's front footage.
(3) All applicants for sewer or water service shall pay double the service
connection charge applicable within the city.
(4) There shall be no reimbursement for extensions outside the city.
(Code 1958, § 40A-6)
Sec. 28-87. Construction requirements.
(a) Before work begins under a contract for construction of sewers or water lines in a
development, proof of the following must be submitted to the director by the
owner of the development:
(1) All construction will be in accordance with department approved plans
and specifications.
(2) The contractor has public liability insurance acceptable to the city in the
amount of not less than ORG hURd two hundred fifty thousand
dollars/three five hundred thousand dollars
($409250,000.00/$WQ, 00,000.00) for bodily injury and twenty thousand
dollars ($20,000.00) for property damage.
(b) When all of the requirements of this section have been met, the director will issue
a letter to the owner of the development giving permission to begin construction.
(c) All sewer and water line installations shall be designed in accordance with criteria
and specifications established by the department.
(d) All engineering services shall be provided by the city for extensions to individual
lots with costs thereof included in the total cost of construction.
(e) All engineering services required, including resident inspection, for construction
of sewers or water lines within the boundaries of developments, shall be
furnished by the development's engineer. Plans, specifications and contract
documents shall be approved by the department prior to construction.
(f) Responsibility for resident inspection of construction shall be included in and be a
part of the engineering services set forth above. During actual construction, the
engineer or his representative, shall be on the site at all times. The engineer shall
have the right to halt construction when there is an indication that the plans and
specifications are not being or have not been followed until such deviations are
corrected to his satisfaction. The engineer shall, upon satisfactory completion of
the project, issue to the director a letter certifying the construction meets the
requirements of all the plans and specifications and was completed to the
satisfaction of the engineer.
(g) In addition to the resident inspection specified above, and where resident
inspection is not a responsibility of the department, department inspectors shall
visit the site periodically and upon project completion, shall recommend to the
director that final approval be given.
Sec. 28-20.1. Definitions.
The following definitions shall apply in the interpretation and enforcement of this
article:
Automated containers - any containers for refuse provided by the city having a
capacity of sixty (60) to ninety-six (96) gallons and equipped with wheels for mobility.
Building materials - any material such as lumber, brick, plaster, gutters or other
substances accumulated as a result of repairs or additions to existing buildings,
construction of new buildings or demolition of existing structures.
Bulk container- a metal container of not less than two (2) cubic yards nor larger
than ten (10) cubic yards, made of watertight construction with doors opening on two (2)
sides and top, and constructed so that it can be emptied mechanically by specially
equipped trucks. Containers shall be covered.
Business trash - any waste accumulation of dust, paper and cardboard, excelsior,
rags or other accumulations, other than garbage or household trash, which are usually
attendant to the operation of stores, restaurants, offices, churches, apartments and similar
businesses.
City- the City of Beaumont.
Commercial establishment - any retail, restaurant, manufacturing, wholesale,
institutional, religious, governmental or other nonresidential establishment at which
garbage or trash may be generated, and having connection to the city's water system.
Curbline - the area directly behind the curb. In the absence of a curb, the area
directly behind the edge of pavement.
Garbage - every accumulation of animal, vegetable, and other waste matter that
attends the preparations, handling, consumption, storage or decay of plant and animal
matter, including meats, fish and seafoods, birds, fruits, vegetable or dairy products and
the waste wrappers or containers thereof.
Hazardous refuse - materials such as poison, acids, caustics, chemical, infected
materials, offal, fecal matter, and explosives or as defined by the Texas Commission on
Environmental Quality.
Household trash - every waste accumulation of paper, sweepings, dust, rags,
bottles, cans, or other matter of any kind, other than garbage, which is usually attendant to
housekeeping.
Industrial waste-all waste, including solids, semisolids, sludges and liquids, created
by factories, processing plants or other manufacturing enterprises or as defined by the
Texas Natural Resource Conservation Commission.
Inspectors - person appointed by the department director authorized to enforce
health and sanitation, building, and sanitation codes or ordinances.
Landfill operations - performs sanitary landfill disposal services for the public.
Litter- any manmade or man-used object, organic or inorganic material, or solid
waste and specifically includes trash which is not placed in: a container, or an authorized
sanitary waste disposal site; or another approved area, depository, a vehicle designated for
transport or disposal of litter, trash, garbage or waste.
Loading and unloading area - any stream, river or lakeside or land dock, space or
area used by any moving vehicle for the purpose of receiving, shipping and transporting
goods, wares, commodities or persons.
Multiple residential unit - any duplex, apartments, group or apartments or
condominium used as a dwelling place for more than one family.
Person - any individual, firm, company, corporation, or association.
Postconsumer waste - a material or product that has served its intended use and
has been discarded after passing through the hands of a final user. For the purpose of this
article, the term does not include industrial or hazardous waste.
Portable packing unit-a metal container, not exceeding four thousand five hundred
(4,500) pounds gross weight, with four (4) to six (6) cubic yard capacity, that contains a
packing mechanism and an internal or external power unit.
Private collector-any person or firm engaging in the business of collecting, hauling
or transporting, in the city, any garbage, waste or refuse.
Refuse - all putrescible and nonputrescible solid and semisolid wastes, including
garbage, rubbish, and ashes.
Refuse container-a metal or plastic container for refuse, of substantial construction,
with a tight-fitting lid, and handles sufficient for safe and convenient handling for collection
at curbside. Except for those areas served by automated collection equipment, such
containers shall have a capacity of not more than thirty-two (32)gallons and a total weight,
when full, of not more than fifty (50) pounds or an empty weight of not more than ten (10)
pounds, and shall be kept in serviceable condition at all times. Any areas serviced by
automated collection equipment shall only use the automated containers as approved by
the director of public works. Any container which does not meet standards set by the city
manager or his designee shall be removed. Exceptions to these requirements may be
made by the director of public works or his designee.
Residentially zoned property- property zoned for only single family residential uses
under the zoning ordinances of the city.
Roll-off/roll-on container-a unit, varying in capacity between five(5)cubic yards and
forty (40) cubic yards, which is used for collecting, storing, and transporting building
materials, business trash, industrial waste, hazardous refuse, refuse or yard trash. The unit
may or may not use an auxiliary stationary packing mechanism for composition of materials
into the container and may be of the open or enclosed variety. The distinguishing feature of
the detachable container is that it is picked up by a specially-equipped truck and becomes
an integral part of the truck for transporting the waste material to the disposal site.
Single residential unit- any dwelling place occupied by one family.
Small dead animals - dead cats, dogs, small household pets and other animals of
similar size.
Solid waste division - performs garbage and trash collection services and disposal
services for the city.
Solid Waste Disposal Act-the Solid Waste Disposal Act, Chapter 361 of the Health
and Safety Code, VTCS, as amended and underthe authority of the Texas Commission on
Environmental Quality.
Tree and shrubbery trimmings - waste accumulation of tree branches, tree limbs,
parts of trees, bushes, shrubbery and cuttings or clippings created as refuse in the case of
trees or bushes.
Vacant property- property that does not contain any structure whatsoever.
White goods-major appliances such as refrigerators, freezers, washing machines,
dryers, hot water heaters, stoves, dishwashers, etc.
Yard waste - leaves, grass clippings, yard and garden debris, and brush, including
clean woody vegetative material not greater than six (6) inches in diameter, that results
from landscaping maintenance and land-clearing operations. The term does not include
stumps, roots, or shrubs with intact root balls.
Section 2.
That Chapter 28, Article II, Division 1, Section 28-20.2, be and the same is hereby
amended to read as follows:
Sec. 28-20.2. Administration and enforcement.
The administration and enforcement of the provisions of this article, including
provisions for refuse collection throughout the city, by both private contractors and the city,
shall be primarily the duty of the solid waste division with assistance from other city
departments.
Section 3.
That Chapter 28, Article II, Division 1, Section 28-20.3, be and the same is hereby
repealed.
Section 4.
That Chapter 28, Article II, Division 1, Section 28-20.4, be and the same is hereby
amended to read as follows:
Sec. 28-20.4. The Notice.
When an inspector issues a notice for a violation of this article, notice shall be
sufficient if served by:
(1) Attaching a correction notice upon the container to whom it is directed.
(2) Certified mail, with delivery reported, a copy of the notice to the last known
address of the person as shown on the current tax roll or water bill.
Section 5.
That Chapter 28, Article II, Division 1, Section 28-20.5, be and the same is hereby
repealed.
Section 6.
That Chapter 28, Article II, Division 1, Section 28-20.6, be and the same is hereby
amended to read as follows:
Sec. 28-20.6. Violation of article.
Unless otherwise specifically provided, a violation of any provision of this article shall
constitute a Class C misdemeanor and, unless the penalty for such violation is paid in
accordance with the provisions of this article, upon conviction thereof, the court may
impose a fine of not less than twenty-five dollars ($25.00) nor more than one thousand
dollars ($1,000.00).
Section 7.
That Chapter 28, Article ll, Division 1, Section 28-20.8, be and the same is hereby
amended to read as follows:
Sec. 28-20.8. Hazardous refuse not to be placed in collection containers; special
care and preparation required before placing certain refuse items in containers.
No infectious or pathological refuse or any other refuse that may cause a public
health hazard shall be placed in any container used for collection by the city or collection
by any private agency. The following are several types of special refuse items which shall
be given special care and preparation before disposing of the same in any refuse
container.
(1) Hypodermic instruments and other sharp articles. No person shall dispose of
or discard any hypodermic syringe, hypodermic needle or any instrument or
device for making hypodermic injections without prior placement in puncture
resistant container for disposal so as to avoid the possibility of causing injury
to the collection personnel.
(2) Ashes. Ashes that are to be collected by the city or private collectors must
have been wetted and cooled to the touch prior to collection. Ashes shall be
placed in suitable containers of such size and weight as stipulated in section
28-21.1 and shall not be placed with the normal refuse unless separately
wrapped, so that they will not cause injury to the collection personnel.
(3) Pressurized cans. All pressurized cans containing pesticides or any other
dangerous materials shall be released of all pressure before being deposited
in a container for collection by the city or any private collection agency.
(4) Glass. All broken glass or any type of glass that may cause injury to refuse
collection personnel shall be separately wrapped to prevent injury and placed
with the normal refuse.
(5) Pesticides. All pesticides and other poisonous containers shall be emptied
and triple rinsed before being placed for collection.
A violation of this section will result in a fee assessment of fifteen dollars ($15.00).
Section 8.
That Chapter 28, Article 11, Division 1, Section 28-20.11, be and the same is hereby
amended by adding subsection (d) to read as follows:
Sec. 28-20.11. Unlawful deposits generally; littering.
(d) A violation of this section will result in a fee assessment of fifteen dollars ($15.00).
Section 9.
That Chapter 28, Article 11, Division 1, Section 28-20.12, be and the same is hereby
amended to read as follows:
Sep;,. 28-20.12. Placing refuse or refuse containers on, in or over drainage
systems.
No person shall place any refuse or refuse container on, in or over any drainage
system. A violation of this section will result in a fee assessment of fifteen dollars($15.00).
Section 10.
That Chapter 28, Article 11, Division 1, Section 28-20.13, be and the same is hereby
amended to read as follows:
Sec:. 28-20.13. Property to be kept free of litter.
All owners or occupants shall maintain the real property owned or occupied by them
in a clean and litter-free condition. This section shall not be construed as prohibiting the
storage of refuse or litter in authorized containers for collection pursuant to the provisions
of this article. A violation of this section will result in a fee assessment of fifteen dollars
($15.00).
Section 11.
That Chapter 28, Article 11, Division 1, Section 28-20.14, be and the same is hereby
amended to read as follows:
Sec. 28-20.14. Interference with or damaging containers.
No person, other than employees of the city charged with such duty, shall interfere
with the contents of any refuse container set out for removal by the city or any private
collection agency, unless authorized by the city manager or his designee. It shall be
unlawful for any person to damage or destroy any refuse container placed at the curbline
for collection.
Section 12.
That Chapter 28, Article II, Division 2, Section 28-21.1, be and the same is hereby
arriended to read as follows:
Sec. 28-21.1. Containers generally.
All refuse to be collected by the city shall be stored in proper containers between
times of collection. Any container provided by the city shall not be filled to exceed two
hundred (200) pounds total weight and all refuse therein must fit inside the container. The
cover of any container shall be kept on at all times except when the container is being
filled, emptied or cleaned. Animal waste and ashes shall be wrapped separately from other
refuse in a manner to prevent spillage prior to placing the same in a container. All areas
serviced by the city shall use ninety-gallon round or ninety-six gallon containers as
approved by the city manager. All refuse shall be placed within the automated containers.
No other type of container is permitted for use in the automated collection areas.
Exceptions to these requirements may be made by the city manager or his designee. A
violation of this section will result in a fee assessment of ten dollars ($10.00).
Section 13.
That Chapter 28, Article ll, Division 2, Section 28-21.2, be and the same is hereby
amended to read as follows:
Sec:. 28-21.2. Solid waste collection service.
Standard residential solid waste collection service shall include:
(1) Once a week collection of one garbage container and bagged or
containerized yard waste. All materials shall be collected by separate
vehicles on the same day as designated by the city manager or his designee.
(2) Twice monthly collection of oversized tree and shrubbery trimmings,
household trash, and bulky items such as major appliances or furniture.
To receive service, the dweller of the property shall be current on the garbage
collection service fee in accordance with section 28-24.1.
Residential and commercial accounts are limited to three(3)containers. If additional
containers are obtained and then discontinued, there will be a six(6) month waiting period
to reapply for additional containers. Requests for additional containers must be submitted
in writing to the public works department. The person whose name appears on the account
moist sign the request.
Section 14.
That Chapter 28, Article 11, Division 2, Subsections 28-21.3(a), (b)and (c) be and the
same are hereby amended and subsection (d) added to read as follows:
Sep;,. 28-21.3. Points of collection.
(a) Refuse containers and yard waste which are collected by the city, shall be placed
on the curbline of a city right-of-way abutting their property by 7:00 a.m. on
scheduled day of collection. All containers must be removed from the curbline by
8:00 p.m. after collection on the day of collection.
(b) Garbage and trash collection service on private property may be provided, when
alleys or streets of sufficient width are available and all of the adjoining property
owners or the owners association by written document indemnify the city for
damages to curbs, alleys, pavements, and the private property of residents served.
(c) Some residents serviced by automated collection equipment may be required to
place the automated containers on the opposite side of the street from their
residence. Solid waste vehicles may travel against the flow of traffic on a one-way
street when so equipped with appropriate warning devices.
(d) A violation of this section will result in a fee assessment of ten dollars ($10.00).
Section 15.
That Chapter 28, Article 11, Division 2, Sections 28-21.4, 28-21-7 and 21-11 , be and
the same are hereby repealed.
Section 16.
That Chapter 28, Article 11, Division 2, Subsection 28-21.6(d) be and the same is
hereby amended to read as follows:
Sec. 28-21.6. Storage or preparation of yard trash, limbs, shrubbery, etc. for
collection.
(d) Collection of items such as building debris (lumber), shingles, siding, insulation,
brick, dirt, plaster, sand, gravel, large automobile parts, scrap metal, wire, dead
animals and other bulky or heavy material shall not be included in the regular
garbage and trash collection service furnished by the solid waste management
department. The owner shall have such debris removed at his own expense.
Section 17.
That Chapter 28, Article II, Division 2, Section 28-21.8 be and the same is hereby
amended by adding subsection (d) to read as follows:
Sec. 28-21.8. Unlawful to deposit yard waste in automated containers.
(d) A violation of this section will result in a fee assessment of fifteen dollars ($15.00).
Section 18.
That Chapter 28, Article 11, Division 2, Section 28-21.9 be and the same is hereby
amended to read as follows:
Sec. 28-21.9. Collection of white goods.
White goods must have doors taped shut or removed before placing on city streets.
White goods must be totally separated from all otherwaste to allow for separate collection.
White goods are prohibited from being buried on the landfill. White goods allowed at the
landfill must be deposited in the white goods recycling area as directed by the landfill
personnel. It shall be unlawful to deposit any materials other than white goods in the white
goods recycling areas.
Section 19.
That Chapter 28, Article 11, Division 2, Section 28-21.12 be and the same is hereby
amended to read as follows:
Sec. 28-21.12. Trash at vacant property.
Trash collection service will be provided to vacant property subject to the following
provisions:
(1) The property must be located in a residential zone.
(2) The property is not larger than one-half acre.
(3) The trash placed for collection is from normal vegetation maintenance such
as tree cuttings above the ground, grass clippings, or brush cutting.
(4) The property is not being cleared for construction purposes.
(5) Tree trimmings did not result from the selling of usable timber.
(6) The property owner must reside in a single family residence within the city
limits of Beaumont that is currently paying a solid waste fee on that
residence.
(7) The property is not being held for sale as part of a residential development.
(8) Only vegetative waste will be collected.
(9) Vegetation must not be obtained with machinery (i.e., a bulldozer) whereby
trees and stumps with root balls are included in the trash to be collected.
(10) The acceptable vegetative waste is placed at the curb in accordance with 28-
21.8 (c)(2) of the Code of Ordinances.
Section 20.
That Chapter 28, Article Il, Division 3, Section 28-22.3 be and the same is hereby
amended to read as follows:
Sec:. 28-22.3. Inspection of containers and vehicles.
All containers and vehicles owned or operated by private refuse collectors shall be
subject to inspection by officials of the city to insure safety compliance and to insure that
proper lids or covers are provided to prevent litter problems.
Section 21.
That Chapter 28, Article Il, Division 4, Subsections 28-23.2(a) and (d) be and the
same are hereby amended to read as follows:
Sec. 28-23.2. Same--Disposal permit.
(a) No person engaged in the business of collecting solid waste, refuse, debris or
garbage shall deposit such material at any city refuse disposal area, unless he has
a current refuse disposal permit issued by the director of public works or his
designated agent.
(d) The director of public works, or his designee, is hereby authorized to revoke or
suspend any permit issued under this section, to prevent the holder thereof from
utilizing the city refuse disposal areas, for good cause.
Section 22.
That Chapter 28, Article II, Division 4, Section 28-23.3 be and the same is hereby
amended to read as follows:
Sep;,. 28-23.3. Hours of operation.
The director of public works, with the approval of the city manager, is hereby
authorized to establish reasonable hours of operation for the city landfill.
Section 23.
That Chapter 28, Article II, Division 4, Section 28-23.4 be and the same is hereby
amended to read as follows:
Sec:. 28-23.4. Determination of acceptability of deposits.
The director of public works, or his designee, shall have the authority to determine
what solid waste, refuse or garbage shall be acceptable for deposit at the city landfill.
Section 24.
That Chapter 28, Article II, Division 5, Section 28-24.1 be and the same is hereby
amended to read as follows:
Sec. 28-24.1. Collection and removal charges--Residential service.
(a) The solid waste division shall systematically collect and remove garbage, trash and
yardwaste from premise used for residential purposes. All residences in the city are
subject to, and the owners or occupants are required to pay a collection services fee
except:
(1) Residences from which the owners or occupants are serviced by a private
collector as defined in this article.
(2) Residences on which the owners or occupants use an on-property disposal
method that is approved by the city, county, and state.
(3) Residences that are vacant and water service for which is discontinued.
(4) Owners of vacant residences who do not require water service, will not be
required to pay a garbage and trash collection fee.
(b) Garbage and trash rates. No rate adjustment will be made for temporary nonuse of
service. Nonpayment of the collection services fee shall be sufficient grounds for
discontinuance of city water service. The rate for collection outside the city limits
shall be one hundred fifty (150) per cent of the rate established for service inside
the city limits. No type of service will be offered residences exempted under section
28-20.9(c) or for vacant lots except as provided in section 28-21.12. If a business is
located in a part of a residence, a collection services fee shall be charged for each
connection to the city's water system. The following monthly rates apply for
collection services.
(1) The monthly rate for standard collection services per household unit shall be
fourteen dollars ($14.00) and shall consist of the following elements:
Garbage and trash collection................................................. $13.50
Litterremoval............................................................................. 0.50
The monthly fee for an additional container is two dollars and fifty cents
($2.50) per month. Single-family and owner-occupied residential units will be
charged a litter removal fee at a rate of fifty cents ($0.50) per unit. Multifamily
dwellings and/or rented properties of two (2) or more units will be charged a
litter removal fee at a rate of twenty-five cents ($0.25) per unit.
(2) The monthly collection fee for senior citizens shall be twelve dollars and
sixty-five cents ($12.65) and shall consist of the following elements:
Senior citizen garbage and trash collection ........................... $12.15
Litterremoval fee..................................................... ............ 0.50
The senior citizen garbage and trash collection fee shall apply to customers
residing in single-family residences who are sixty-five (65) years of age or
older. To obtain the senior citizen garbage and trash collection rate, eligible
persons must file a sworn application on a form provided therefor with the
central collections division. The rate shall remain in effect so long as the
customer residing in the single-family residence is sixty-five(65)years of age
or older.
Section 25.
That Chapter 28, Article II, Division 5, Subsections 28-24.2(a), (b) and (d) be and
the same are hereby amended to read as follows:
Sec. 28-24.2. Same--Public, business and commercial establishments.
(a) Applicability. All commercial establishments in the city are required to pay a
collection services fee except:
(1) Institutions that haul their own garbage.
(2) Institutions that have a private collector.
(3) Institutions that use an on-property disposal method that is approved by the
city, county, and state.
(4) Institutions that are vacant and the water service is discontinued.
(b) Nonpayment of the collection services fee shall be sufficient grounds for
discontinuance of city water and sewer serving the location.
(d) Commercial establishments may be provided, at their option, the same refuse
container service provided to residents. No separate trash service will be provided
to commercial establishments for trees, shrubs, white goods, or yard waste.
Section 26.
That Chapter 28, Article II, Division 5, Section 28-24.3 be and the same is hereby
amended to read as follows:
Sec. 28-24.3. Collection of charges.
The charges fixed herein for the removal and disposal of all garbage and trash shall
be entered by the city against the owner or occupant using or occupying any building or
structure receiving such service. To avoid duplication in billing and as a convenience to the
public, the city shall include such charges on the monthly city invoice.Any person who shall
fail or refuse to pay the charge herein specified within fifteen (15)days from the date of the
bill shall have his garbage service suspended and the director of public works shall be
notified immediately for appropriate action in accordance with the provisions of this article.
Section 27.
That Chapter 28, Article 11, Division 5, Subsection 28-24.4(a)(2) be and the same is
hereby repealed.
Section 28.
That Chapter 28, Article 11, Division 6, Section 28-40 be and the same is hereby
amended to read as follows:
Sec. 28-40. Disposal permit; condition for issuance of permit.
Upon filing of an application, the landfill superintendent shall grant such permit if the
following conditions have been met:
(1) Provision is available to lawfully dispose of the garbage, trash, waste or
refuse within the city landfill;
(2) The provisions of this article have been met;
(3) The proposed removal and disposition of such garbage, trash, waste or
refuse will not create a public nuisance; and,
(4) The vehicle for conveyance has been inspected and measured by the landfill
division;
(5) Applicant has been current in payment for previous disposal services.
Section 29.
That Chapter 28, Article 11, Division 6, Section 28-41 be and the same is hereby
amended to read as follows:
Sep:.. 28-41. Revocation of permit; appeal.
The permit herein authorized to be issued may be revoked by the landfill
superintendent at any time for the violation of or noncompliance with any of the provisions
of this article or the conditions under which it was issued and immediately upon such
revocation, the permit issued thereunder shall be surrendered to the landfill superintendent
or any of his duly authorized representatives; however, any person feeling aggrieved by
such revocation shall have the right to appeal to the director of public works for redress,
and such appeal shall be made either by personal appearance on the part of the aggrieved
party or by written communication addressed to the director of public works setting forth the
cause of complaint.
Section 30.
That Chapter 28, Article II, Division 6, Section 28-42 be and the same is hereby
amended to read as follows:
Sec. 28-42. Landfill--Vehicles entitled to unload.
All persons or businesses hauling into the city landfill shall deposit such material
only in the place designated by a landfill attendant. Such dumping shall only be from
Monday through Saturday during the hours of operation as determined by the public works
director.
Section 31.
That Chapter 28, Article Il, Division 6, Section 28-43 be and the same is hereby
amended to read as follows:
Sec. 28-43. Same--Unauthorized removal of material from.
It shall be unlawful for any person to remove trash, waste or refuse, or any material
frorn the city landfill without the written permission of the director of public works or his
designee.
Section 32.
That Chapter 28, Article Il, Division 6, Section 28-44 be and the same is hereby
amended to read as follows:
Sec. 28-44. Same--Materials not accepted.
Entrance to and dumping of the following at the city landfill shall not be allowed
without prior approval of the public works director or his designee:
(1) Junk automobiles;
(2) Human excrement;
(3) Inflammable liquids;
(4) Dangerous chemicals;
(5) Insecticides;
(6) Industrial chemicals or industrial solid waste;
(7) Waste oil or grease.
(8) Liquid waste;
(9) Other waste prohibited from landfill disposal by the Solid Waste Act.
Section 33.
That Chapter 28, Article III, Subsection 28-50(a) be and the same is hereby
amended to read as follows:
Sep;.. 28-50. Water service rates.
(a) The following rates per month shall be the rates charged for water service furnished
to customers within and outside of the corporate limits of the city except as provided
in paragraph (b) of this section.
Water/Sewer Rate Increase
November 1, 2007
Minimum Monthly Rates
WATER
Meter Inside City Outside City
Size/inches Rate Rate
5/8 $ 8.43 $12.65
1 9.33 13.99
1 1/2 10.23 15.34
2 12.77 19.16
3 25.95 38.93
4 31.46 47.19
6 56.70 85.04
8 77.99 116.97
10 107.33 161.00
12 133.80 200.71
Usage rate first 1,000 gallons Minimum Minimum
Over 1,000 gallons $ per 1,000 gallons $ 2.851 $ 4.28
Section 34.
That Chapter 28, Article III, Subsections 28-51(a) and (e) be and the same are
hereby amended to read as follows:
Sec. 28-51. Wastewater service rates.
(a) The following rates per month shall be the rates charged for wastewater services
furnished to customers within and outside of the corporate limits of the city where
the wastewater produced by such customers is a normal strength wastewater(150
mg/11b) except as provided in paragraph (b) of this section. Surcharges, when
applicable, shall be determined by the director based on the costs incurred by the
city for treating the wastewater.
Water/Sewer Rate Increase
November 1, 2007
Minimum Monthly Rates
SEWER
Meter Inside City Outside City
Size/Inches Rate Rate
5/8 $ 5.38 $ 8.07
1 5.48 8.21
1 1/2 5.56 8.34
2 6.05 9.06
3 6.84 10.25
4 10.02 15.04
6 16.42 24.61
8 20.07 30.11
10 27.37 41.05
12 34.66 51.98
Usage rate first 1,000 gallons Minimum Minimum
Over 1,000 gallons $ per 1,000 gallons $ 2.58 $ 3.88
(e) Commercial and industrial sewer usage charges shall be based on one-hundred
(100) percent of the metered water usage. In circumstances where a commercial or
industrial customer desires a credit for metered water being consumed but not being
returned to the sanitary sewer, it shall be the responsibility of the user to furnish to
the director of water utilities an engineering report, certified by a professional
engineer, that justifies and supports the discharge reduction as being a continuous
normal part of the process. Based on the data provided, the director of water
utilities may estimate said return or require submetering of the process water.
Meters used for submetering shall be furnished at the customer's expense and shall
be approved by the director of water utilities.
Section 35.
That Chapter 28, Article III, Subsection 28-53(e) be and the same is hereby
amended to read as follows:
Sec. 28-53. Connection to water and sewer systems and fees.
(e) Connection permits required; applications. Application for connection permits shall
be made in writing to the building official by the property owner or his authorized
agent.
Section 36.
That Chapter 28, Article III, Section 28-56 be and the same is hereby repealed.
Section 37.
That Chapter 28, Article 111, Subsections 28-57(b)(5), (c), (e), Q), (k)(2) and (5), (1)(1),
(3), (5) and (7), (m)(1), (2), (3)and (4), (n) and (o) be and the same are hereby amended to
read as follows:
Sec. 28-57. Cross-connection control and prevention.
(b) Cross-connections prohibited.
(5) No water service connection shall be made to any establishment where a
potential or actual contamination hazard exists unless the public water supply
is protected in accordance with the rules and regulations of the Texas
Commission on Environmental Quality (TCEQ) and this section. Water
service shall be discontinued by the city if a required backflow prevention
assembly is not installed, maintained, and tested in accordance with TCEQ
Rules and this section.
(c) Definitions. The following definitions shall apply to this section:
Air gap. The unobstructed vertical distance through free atmosphere between the
lowest opening from any pipe or faucet conveying water or waste to a tank, plumbing
fixture, receptor, or other assembly and the flood level rim of the receptacle. These vertical,
physical separations must be at least twice the diameter of the water supply outlet, never
less than one (1) inch (25 mm).
Auxiliary supply. Any water supply on or available to the premises other than the
city's approved public water supply. These auxiliary waters may include water from another
purveyor's public potable water supply or any natural sources, such as, but not limited to a
well, spring, river, stream, used waters, or industrial fluids. These waters constitute an
unacceptable water source over which the city does not have sanitary control.
Backf/ow. The undesirable reversal of flow in a potable water distribution system as
a result of a cross-connection.
Backf/ow prevention device or assembly. Any mechanical or physical means to
prevent backflow into the potable water system, including reduced pressure backflow
assemblies, double-check valve assemblies, atmospheric vacuum breakers, pressure
vacuum breaker assemblies, or air gap. All backflow prevention assemblies must be
approved by the city and shall have been manufactured in full conformance with the
standards established by the American Water Works Association and have met completely
the laboratory and field performance specifications of the Foundation for Cross-Connection
Control and Hydraulic Research of the University of Southern California established by
"Specification of Backflow Prevention Assemblies"of the most current issue of the Manual
of Cross-Connection Control.
City or the city. The City of Beaumont, Texas or its authorized representative,which,
for the purposes of implementation and enforcement of the backflow prevention program,
shall normally mean representatives of water utilities.
Commission or TCEQ. Texas Commission on Environmental Quality, regulatory
agency of the state.
Cross-connection. Any actual or potential connection or structural arrangement
between a potable water supply system and any plumbing fixture or any tank, receptacle
equipment or device, through which it may be possible for any nonpotable, used, unclean,
pollluted and/or contaminated water, or other contaminant, to enter into any part of such
potable water system under any condition or set of conditions.
Double check valve assembly. A backflow prevention assembly which consists of
two internally loaded check valves, either spring loaded or internally weighted, installed as
a unit between two tightly closing resilient-seated shutoff valves and fittings with properly
located resilient-seated test cocks.
Person. Any individual, partnership, associations, corporations, firms, clubs,
trustees, receivers, and bodies politic and corporate.
Plumbing code. The city's plumbing code as adopted under section 6-144 of the
Code of Ordinances of the city.
Potable water supply. Any water supply intended or used for human consumption or
other domestic use.
Public water system or supply. Any public or privately owned water system which
supplies water for public domestic use. The system will include all services, reservoirs,
facilities, and any equipment used in the process of producing, treating, storing, or
conveying water for public consumption. For the purposes of this section, this shall
normally mean the public water supply maintained by the city.
Premises. Any piece of property to which water is provided, including all
improvements, mobile structures, and structures located on it.
Recognized backflow prevention assembly tester. An individual meeting the
requirements of the most recent revisions to Title 30, Texas Administrative Code §
290.44(h)(4) and holding a current endorsement from the Texas Commission on
Environmental Quality or its designated agent, for the type of assembly being tested.
Reduced pressure principle assembly. A backflow prevention assembly consisting of
two independently acting approved check valves together with a hydraulically operating,
mechanically independent pressure differential relief valve located between the check
valves and below the first check valve. These units are located between two tightly closing
resilient-seated shutoff valves as an assembly and equipped with properly located resilient-
seated test cocks.
Water utilities director. Person in charge of the city water utilities department or
his/her designated representative.
(e) Cost of compliance. The cost of complying with these regulations shall be the
responsibility of the property owners and their lessees. These costs include but are
not limited to the purchase, installation, testing, and repair of backflow prevention
assemblies. These costs shall also include point-of-use and premise isolation
assemblies.
Q) Abatement by city.
(1) The city shall conduct a plumbing inspection or customer service inspection
on any residential or commercial establishment served by the city's public
water supply prior to providing continuous water service to all new
construction, on any existing service when the water utilities director has
reason to believe that cross-connections or other contaminant hazards exist,
or after any material improvement, correction, or addition to the customer's
private distribution facilities. The purpose of the inspection is to determine
compliance with this section and applicable portions of the city's plumbing
code relating to cross-connection control and unsafe plumbing practices.
Upon determination by the city that the residential or commercial
establishment falls under the provisions of this section and requires a
backflow prevention assembly, the water utilities director shall issue a notice
to abate the condition or order the establishment to install the proper
backflow prevention assembly(ies)commensurate with the degree of hazard.
A copy of the notice which is issued or caused to be issued by the water
utilities director shall be forwarded to the chief plumbing inspector of the city.
(2) An approved backflow prevention assembly shall be installed on each
service line or point of delivery to a consumer's water system whenever the
following conditions exist:
a. In the case of premises having an auxiliary water supply which is not
or may not be of safe bacteriological or chemical quality and which is
not acceptable as an additional source by the TCEQ or the city, the
public water system shall be protected against backflow from the
premises by installing an approved backflow prevention assembly in
the service line commensurate with the degree of hazard.
b. In the case of premises on which any industrial fluids or any other
objectionable substance is handled in such a fashion as to create an
actual or potential hazard to the public water system, the public
system shall be protected against backflow from the premises by
installing an approved backflow prevention assembly in the service
line commensurate with the degree of hazard. This shall include the
handling of process waters and waters originating from the city's
public water system which have been subject to deterioration in
quality.
C. In the case of premises having (1) internal cross-connections that
cannot be permanently corrected or protected against, or(2) intricate
plumbing and piping arrangements or where entry to all portions of
the premises is not readily accessible for inspection purposes, making
it impracticable or impossible to ascertain whether or not dangerous
cross-connections exist, the city's public water system shall be
protected against backflow from the premises by installing an
approved backflow prevention assembly in each service line.
(3) Using the city's plumbing code, TCEQ regulations and guidelines, and
American Water Works Association (AWWA) recommendations, the water
utilities director shall designate the type of backflow prevention assembly
required for each type of establishment or hazard. In the case of conflict
between these references, the more stringent standard shall apply.
(4) Any backflow prevention assembly required by this section shall be of a
model and size approved by the water utilities director.
(k) Fire hydrant protection. An approved double check valve backflow prevention
assembly or reduced pressure zone backflow prevention assembly shall be the
minimum protection for fire hydrant water meters which are being used for a
temporary water supply during any construction or other uses which would pose a
potential hazard to the city's public water supply. A reduced pressure zone backflow
prevention assembly must be installed if any contaminant other than the potable
water can be introduced into the system.
(2) Only fire hydrant water meters with approved backflow prevention
assemblies are allowed to be used on fire hydrants in the city public water
supply system. All fire hydrant meters shall be obtained from the city water
utilities department.
(5) It shall be a violation of this section for anyone other than authorized
employees of the city to open, tamper with, or use water from any fire
hydrant without the express written permission of the city water utilities
department.
(I) Installation requirements. Backflow prevention assemblies shall be installed in
accordance with the following requirements, to ensure their proper operation and
accessibility:
(1) Backflow prevention assemblies shall be installed in accordance with the
city's plumbing code and the manufacturer's instructions. All backflow
prevention assemblies installed in accordance with this section shall be
tested upon installation by a recognized backflow prevention assembly
tester. The test report shall be sent to the water utilities department within ten
(10) days of the installation. The assembly installer shall obtain the required
plumbing permits prior to installation as required by the city's plumbing code.
(3) When a backflow prevention assembly is installed to serve an entire
establishment, the assembly shall be installed at the service connection of
the water supply, before any branch in the line, and on private property
located just inside the boundary of the city's right of way. The water utilities
director may specify additional areas for installation of assemblies if needed.
(5) All vertical installations shall be approved in writing by the water utilities
director prior to installation.
(7) If an assembly is installed five (5) feet or higher above the ground or floor, it
shall be equipped with a suitable platform for use by testing or maintenance
personnel. This installation shall meet all applicable Occupational Safety and
Health Administration (OSHA) regulations and occupational safety and
health laws of the state.
(m) Annual inspections and maintenance.
(1) Regular inspections and testing of mechanical backflow prevention
assemblies shall be conducted at least once per year by a recognized
backflow prevention assembly tester on backflow prevention assemblies
which are installed to provide protection against health hazards, as defined
by TCEQ rules, AWWA standards, or as determined by the water utilities
director. The water utilities director may also require more frequent testing in
certain applications to protect against high health hazards. If upon inspection
of the backflow prevention assembly, it is deemed to not be operating
properly, it is the responsibility of the establishment to immediately make all
necessary repairs. It is the responsibility of the tester to report all assemblies
found not to be operating correctly to the water utilities department. Test
reports shall be submitted to the water utilities department within ten (10)
working days of the test. Only tests conducted by recognized backflow
prevention assembly testers and which are reported correctly on city report
forms shall be in compliance with this section.
(2) The maintenance and repair of any backflow prevention assembly shall be
the responsibility of the property owner of the premises, the lessee of the
premises, or both. The backflow prevention assembly is to be installed and
maintained in proper working order at all times, including repair as required.
All maintenance and repair of assemblies or assemblies shall be in
accordance with all applicable regulations of the TCEQ and with acceptable
industry practice. In the event that the water to an establishment may not be
turned off for testing of the backflow prevention assembly, the establishment
shall be equipped with dual backflow prevention assemblies of the same type
so that testing, repair, and maintenance may be performed.
(3) No backflow prevention assembly shall be removed from use, relocated, or
other assembly substituted without the approval of the water utilities director.
Whenever an existing backflow prevention assembly is moved from its
present location or cannot be repaired, the assembly shall be replaced with a
backflow prevention assembly in compliance with this section. The new
assembly shall be installed and tested in compliance with this section.
(4) Test gauges used for backflow prevention assembly testing shall be
calibrated at least annually in accordance with the American Water Works
Association's Recommended Practice for Backf/ow Prevention and Cross-
Connection Control(Manual M14) or the University of Southern California's
Manual of Cross-Connection Control. The water utilities director may require
calibration reports or other documentation of compliance with this
requirement.
(n) Emergency suspension of water utility service.
(1) The water utilities director may, without prior notice, suspend water service to
any premises when such suspension is necessary to stop an actual or
threatened backflow which:
a. Presents or may present imminent and substantial danger to the
environment or to the health or welfare of persons; or
b. Presents or may present imminent and/or substantial danger to the
city's public water supply.
(2) As soon as is practical after the suspension of service, the water utilities
director shall notify the owner or person in charge of the premises of the
suspension, in person or by certified mail, return receipt requested, and shall
order such person to correct the cross-connection which allowed the
backflow to occur. When time permits, the water utilities director should also
notify the owner or person in charge prior to suspending water service.
(3) The water utilities director shall not reinstate suspended services until:
a. The person presents proof, satisfactory to the water utilities director,
that the hazard has been eliminated and its cause determined and
corrected;
b. The person pays the city for all costs the city incurred in responding to
the backflow or threatened backflow; and
C. The person pays the city for all costs the city will incur in reinstating
service.
(4) A person whose service has been suspended, may appeal such enforcement
action to the water utilities director, in writing, within ten (10) days of notice of
the suspension.
(5) A person commits an offense if the person reinstates water service to the
premises suspended pursuant to this section, without the prior written
approval of the water utilities director.
(o) Non-emergency termination of water utility service.
(1) The water utilities director may terminate the city provided water supply of
any user who violates the following conditions:
a. Refusing the water utilities director reasonable access to the water
user's premises for the purpose of inspection;
b. Hindering or denying the water utilities director access to backflow
prevention assemblies;
C. Failing to install maintain, or test backflow prevention assemblies as
required by the water utilities director and this section; or
_- I
d. Failing to install, maintain, and operate their piping and plumbing
systems in accordance with the city's plumbing code.
(2) The water utilities director will notify a water user in writing of the proposed
termination of its water supply by certified mail, return receipt requested. The
water user may petition the water utilities director for a reconsideration of the
decision.
(3) Exercise of this enforcement option by the water utilities director shall not be
a bar to, nor a prerequisite for, taking any other action against the water
user.
(4) The water utilities director shall not reinstate suspended services until:
a. The person presents proof, satisfactory to the water utilities director,
that the condition has been eliminated and its cause determined and
corrected;
b. The person pays the city for all costs the city incurred in responding to
the backflow or threatened backflow; and
C. The person pays the city for all costs the city will incur in reinstating
service.
(5) A person commits an offense if the person reinstates water service to the
premises terminated pursuant to this section, without the prior written
approval of the water utilities director.
Section 38.
That Chapter 28, Article III, Subsections 28-58(b), (d)(1) and (12), (e), (f)(2)and (3),
(g)(1), (h), and (i)(3) and (4) be and the same are hereby amended to read as follows:
Sec. 28-58. Grease and grit traps.
(b) Definitions.
Biochemical oxygen demand (BOD). The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in five (5)
days at twenty (20) degrees Celsius.
Bioremediation media. Bacterial cultures, enzymes, or other media which are
designed to eliminate or reduce the need for the mechanical cleaning of grease traps.
City or the city. The City of Beaumont, Texas, or its authorized representative,
which, for the purposes of implementation and enforcement of the grease and grit trap
program, shall normally mean representatives of water utilities.
Commercial grease generator. All commercial food preparation and food service
establishments that may discharge grease including, but not limited to bakeries, caterers,
butcher shops, cafes, clubhouses, delicatessens, hospitals, hotels, restaurants, schools,
institutions, or similar places where meat, poultry, seafood, dairy products, fried foods or
other foods are prepared or served, but shall not apply to any residence not used for the
commercial preparation and sale of food items or to an exempt establishment.
Commerciallindustrial grit generator. All commercial or industrial generators of liquid
waste containing petroleum-based oil and grease wastes, and inorganic solids including,
but not limited to automotive or heavy machinery repair and/or washing facilities. Those
facilities monitored under the city's federally and state approved pretreatment program
shall be exempted from the provisions of this section.
Director. The person in charge of water utilities for the city, or his/her authorized
representative.
Exempt establishment. A commercial establishment that:
(1) Operates for a maximum duration of ten (10) days in connection with an
annual event such as a fair, carnival, circus, public exhibition, or other public
gathering;
(2) Sells or serves prepackaged or precooked foods that would require warning
only or served without additional processing, no cooking;
(3) Serves only snow cones, drinks, or ice cream products;
(4) Bars and clubs serving drinks only and where no food is prepared;
(5) Produce markets without food grinders;
(6) Grocery or convenience stores without food preparation, meat cutting, or
packaging, delicatessens, or bakeries;
(7) Day care centers who primarily serve microwave dishes, using single service
items.
Food. Any substance, whether solid or liquid, and whether animal, vegetable, or fruit
origin, intended to be used or commonly used as a food for human consumption.
i
Food establishment. Any place where food is manufactured, packaged, produced,
processed, prepared, or served for commercial, public, or facility resident consumption.
The term includes any such place regardless of whether there is a charge for the food. The
term does not include private homes where food is prepared for individual family
consumption.
Generator. A person who causes creates, generates, stores, or otherwise produces
liquid waste or owns property upon which liquid waste is caused, created, generated,
stored, or produced, including but not limited to grease trap waste, grit trap waste, and food
waste as a by-product of a domestic or nondomestic activity other than merely as a result
of mere residence at a nonbusiness location. "Generator" as used in this section includes
both a commercial grease generator and a commercial/industrial grit generator.
Grease trap. A receptacle utilized by commercial or industrial generators of liquid
waste to intercept, collect, and restrict the passage or organic, inorganic, greasy or fatty
liquid, semi-liquid, and/or solid wastes into both public and private sanitary sewers to which
the receptacle is directly or indirectly connected.
Grease trap waste. Any organic, inorganic, greasy or fatty liquid, semi-liquid, and/or
solid wastes collected by and ultimately removed from a grease trap for proper disposal.
Grit trap. A receptacle utilized by commercial or industrial generators of liquid waste
to intercept, collect, and restrict the passage of petroleum-based oil and grease wastes and
inorganic or other solids into private and public sanitary sewers to which the receptacle is
directly or indirectly connected.
Grit trap waste. Oil and grease wastes and inorganic solids generated by
commercial, industrial, automotive or heavy machinery repair and/or washing facilities that
are! collected by and ultimately removed from a grit trap for disposal.
Manifest. The written, multi-part documentation detailing the generator of the grease
trap waste, who the transporter is, and the disposal facility for the waste.
POTW. Publicly owned treatment works as defined in 40 CFR Section 403.3,
including any amendments thereto; the municipal wastewater treatment system including
the sanitary sewer system.
Sampling port or sample well. An approved device or manhole installed in the facility
sewer specifically designed to facilitate sampling of the wastewater discharge.
Sanitary sewer. System of pipes, conduit, manholes, and treatment facilities owned
or operated by the city which collect, transport, and treat sanitary sewage, and to which
storm, surface, and ground waters are not intentionally or normally admitted.
Separator truck. A truck equipped with a tank or other liquid holding container
designed to separate the grease portion from the waste removed from a grease trap and to
return the other liquid portion to the trap.
Total suspended solids. The total suspended matter that floats on the surface of or
is suspended in water, wastewater, or other liquid, and which is removed by laboratory
filtering.
Water quality manager. The person in charge of the city's approved pretreatment
program.
(d) Responsibilities of generator.
(1) A generator shall provide grease traps or grit traps when, in the opinion of
the water quality manager, they are necessary for the proper handling of
wastewater. Appeals of the decision of the water quality manager shall be
handled as provided for under 28-57(f)(3)) hereof.
(12) A generator that is located in a multi-user building may be required to
separate sanitary sewer flows from adjacent sites and install a water
submeter to measure individual water consumption or utilize some other
method approved by the water quality manager or his designee.
(e) Bioremediation.
(1) It shall be unlawful for any generator to introduce, cause, or permit the
introduction of any bioremediation media into a grease trap except as
authorized by the water quality manager.
2 Bioremediation media may be used with the water quality manager's
( ) Y q Y 9
approval if a generator proves to the water quality manager's satisfaction
that:
a. The media will be a pure, live, bacterial product and will not contain
any surfactants, emulsifiers, or substances which act as a solvent for
fats, oils, or greases;
b. The amount of oil and grease discharged to the sanitary sewer after
the use of the media will not exceed the discharge limits for oil and
grease of 200 mg/I;
C. The pH of the discharge will not be less than 6.0 or greater than 11.0;
d. The use of the media will not reduce the buoyancy of the grease layer
in the grease trap and will not increase the potential of oil and grease
to be discharged to the sanitary sewer;
e. The media will not be destroyed by the use of domestic or commercial
disinfectants and detergents or hot water;
f. Any waste pumped from the grease or grit trap after use of the media
must be acceptable at disposal sites for the waste;
g. The use of the bioremediation media will not cause foaming in the
sanitary sewer.
(f) Request for exemption from the regulations of this section.
(2) If a generator believes that they do not need a grease or grit trap and do not
fall into any of the exempted categories they must submit to the water quality
manager the following information to prove their exemption:
a. The name, address, and telephone number of the business;
b. The name of the manager or other contact at the business;
C. A description of the business;
d. The type, size, and maintenance schedules of any wastewater
pretreatment devices;
e. The names of all haulers of any waste and recycled products who
have hauled from the business in the previous year;
f. A statement of whether employees are trained in waste disposal
practices;
g. A plan showing the locations of all water and sewer connections,
fixtures, sample ports, backflow prevention devices, and any other
treatment devices;
h. A copy of all printed menus if it is an eating establishment;
i. A description of any changes planned to the structure;
j. Any planned significant changes to the user's operation or system
which might alter the nature, quality, or volume of its wastewater;
k. A statement as to why the generator believes it qualifies for an
exemption;
I. Any other information as may be deemed necessary by the water
quality manager to evaluate the wastewater discharge.
i
(3) The water quality manager shall make a decision in regard to all requests.
Should the generator disagree with the decision of the water quality
manager, the generator may appeal such decision in writing within five (5)
days after the written decision of the water quality manager. The appeal shall
be to the water utilities director and shall include any evidence the generator
wishes to provide to prove that the required pumping of grease or grit traps is
not necessary. The decision of the water utilities director shall be final.
(g) Monitoring and surcharges for BOD/TSS concentrations.
(1) Generators shall, once a year, submit to the water utilities department, an
analytical report documenting the BOD and TSS concentration discharged to
the sanitary sewer. Samples will not be taken within one week of having the
grease or grit trap cleaned, exceptions shall be granted if the trap is being
pumped out on a weekly basis.
(h) Right of entry, inspection, and sampling.
(1) It shall be unlawful for a generator to refuse to allow the water quality
manager or their authorized representative to enter their premises during
business hours to determine whether the generator is complying with all the
requirements of this section. A generator shall allow the water quality
manager or their authorized representative access to all parts of the
premises for the purposes of inspection, sampling, records examination,
copying, and the performance of all other duties.
(2) If the water quality manager or their authorized representative has been
refused access to a building, structure, or property, or any part thereof, and
is able to demonstrate probable cause to believe there may be a violation of
this section, or that there is a need to inspect and/or sample as part of a
routine inspection and sampling program of the city designed to verify
compliance with this section, to protect the overall public health, safety, and
welfare of the community, or to protect the wastewater collection system or
POTW, then the water quality manager may seek issuance of a search
warrant from any court of competent jurisdiction.
(i) Penalties.
(3) The water quality manager may suspend water service and/or wastewater
service to a generator to stop an actual or threatened discharge which
presents or may present an imminent or substantial endangerment to the
health or welfare of persons, to the environment, or causes interference to
the POTW and/or the sanitary sewer system. Service may also be
suspended if the generator refuses to abide by this section or pay any
penalty issued.
(4) If a generator is penalized, they may file a written appeal to the water utilities
director. The appeal must include evidence proving that the generator did not
violate this section and the appeal must be filed within five (5) city working
days of the generator receiving the penalty. The decision of the water utilities
director shall be final.
Section 39.
That Chapter 28, Article III, Subsections 28-59(i)(2)c and (q)(1)c be and the same
are hereby amended to read as follows:
Sec. 28-59. Drought contingency.
(i)(2)c. TCEQ (required when mandatory restrictions are imposed) (triggers 4 and 5);
(q)(1)c. The city manager shall provide notice, by certified mail, to each wholesale
customer informing them of their monthly water usage allocations and shall notify
the news media and the executive director of the TCEQ upon initiation of pro rata
water allocation.
Section 40.
That Chapter 28, Article IV, Section 28-80 be and the same is hereby amended by
amending the following definitions to read as follows:
Sec. 28-80. Definitions.
As used in this article, the following terms shall have the respective meanings
ascribed to them:
Department: The water utilities department of the city.
Development:A subdivision, as defined in the city's subdivision regulations.
Director. The director of the water utilities department or his appointed
representative.
Pro rata: The charge per front foot of abutting land to be paid by the lot owner or
owner of a development to aid in defraying the cost of supplying sewer service or water
service (as the case may be) to their lot or site. The amount of the charge will be
determined by the department.
(a) Single pro rata: The charge based on the front footage of abutting land on
only one side of the street or easement.
(b) Double pro rata: The charge based on the front footage of abutting land on
both sides of the street or easement.
Section 41.
That Chapter 28, Article IV, Section 28-81 be and the same is hereby amended to
read as follows:
Sec. 28-81. Purpose and scope.
The purpose of this article is to establish a policy for the city for extending sanitary
sewer and water lines and for the sewer and water service connections to such extensions,
and to establish rules governing such extensions and connections. It is not the intention of
this article to obligate, and the city shall not be obligated to participate in or proceed with
any construction covered by this article when funds are not available or when, in the
discretion of the director of water utilities, the construction is not practical. It is not the
intention of this article to limit the right of the city to extend sanitary sewer or water lines at
its own cost and collect the charges herein set forth from the applicants for sewer or water
service, and such right is herein reserved. The city shall own all sewers and water lines,
including service connections, constructed and accepted under the terms of this article.
Section 42.
That Chapter 28, Article IV, Subsection 28-87(a)(2) be and the same is hereby
amended to read as follows:
Sec. 28-87. Construction requirements.
(a)(2) The contractor has public liability insurance acceptable to the city in the amount of
not less than two hundred fifty thousand dollars/five hundred thousand dollars
($250,000.00/$500,000.00) for bodily injury and twenty thousand dollars
($20,000.00) for property damage.
Section 43.
That Chapter 28, Article IV, Section 28-88 be and the same is hereby repealed.
Section 44.
That Chapter 28, Article V, Subsection 28-100 be and the same is hereby amended
by deleting the definition of Upset and adding or amending the following definitions to read
as Follows:
Act of God or Unpreventable Event: The affirmative defense that if a person can
establish that an event that would otherwise be a violation of this ordinance or permit
issued under the ordinance which was caused solely by an act of God, war, strike, riot, or
other catastrophe, and was unpreventable, then the event is not a violation of the
ordinance or permit.
Director.' The water utilities director of the City of Beaumont, or his authorized
deputy, agent or representative.
Section 45.
That Chapter 28, Article V, Subsection 28-103(e)(3) be and the same is hereby
amended to read as follows:
Sec. 28-103. Enforcement.
(e) Show cause hearing: The city may order any user who causes or allows an
unauthorized discharge to enter the waste treatment system to show cause before
the city council why the proposed enforcement action should not be taken. A notice
shall be served on the user specifying the date, time and place of a hearing to be
held by the city council regarding why the action is to be taken, the proposed
enforcement action, and directing the user to show cause before the city council
why the proposed enforcement action should not be taken. The notice of the
hearing shall be served personally or by registered or certified mail (return receipt
requested) at least ten (10) days before the hearing. Service may be made on any
agent or officer of a corporation.
(3) After the city council has reviewed the evidence, it may issue an order to the
user responsible for the discharge directing that, following a specified time
period, the sewer service be discontinued unless the unauthorized discharge
is properly treated, or otherwise prevented from entering the wastewater
treatment system, or proof of an act of God event is shown. Further orders
and directives as are necessary and appropriate may be issued.
Section 46.
That Chapter 28, Article V, Subsection 28-104(d) be and the same is hereby
amended to read as follows:
Sec. 28-104. Fees and surcharges.
(d) User surcharge: Users discharging industrial wastewater which exhibit none of the
characteristics of waste prohibited herein other than excessive oxygen demand and
suspended solids, but having a concentration in excess of normal sewage as
defined in section 28-100 as normal domestic wastewater may be accepted for
treatment if the user agrees to a surcharge over and above the regular sewer rates
as established by the city. The method for computing the surcharge shall be based
on the following formula:
Oxygen Demand Surcharge (BOD or COD)
Co= [Bc (AB)] Vu or Co=[Cc (AC)] Vu
Total Suspended Solids Surcharge (TSS)
Cs= [Sc (AS)] Vu
Total Surcharge
Ct= Co+Cs
Where:
Co = Surcharge for excessive BOD or COD, whichever is higher.
Cs = Surcharge for excessive total suspended solids.
Ct = Total surcharge.
Bc = BOD cost per milligram per liter per million gallons.
Cc = COD cost per milligram per liter per million gallons.
Sc = Total Suspended Solids cost per milligram per liter per million
gallons.
AB = User BOD - Normal BOD = (BOD-250).
AC = User COD - Normal COD = (COD-550).
AS = User TSS - Normal TSS = (TSS-300).
Vu = Volume from user per month in million gallons (MG).
Surcharges for BOD, COD, and TSS shall be as established under article III, section
28-51(a), water and sewer regulations generally.
The combined totals of the oxygen demand and suspended solids surcharges shall
equal the total surcharge to be billed. The basis for determining the surcharges shall
be reviewed as deemed necessary by the director and shall be adjusted to reflect
any change in wastewater treatment cost.
Determination of the average concentration of strength of the user's waste shall be
made by the city based on tests conducted on representative samples collected by
the city at least once each year. However, the user may request in writing that
parallel sampling and tests at all times be made by the user and the city, in which
case the surcharge may be made, assuming city approval of the user's test
methods, using the average of comparable values obtained by the user and the city.
Section 47.
That Chapter 28, Article VI, Section 28-112 be and the same is hereby amended to
change the title to read as follows:
Sec. 28-112. Centerpoint Energy--Definitions.
Section 48.
That Chapter 28, Article VI, Section 28-113 be and the same is hereby amended to
read as follows:
Sec. 28-113. Same--Natural gas supplied for individual use; resale or sharing
prohibited.
Natural gas supplied by Centerpoint Energy, its successors and assigns, is for the
individual use of the customer at one point of delivery and shall not be resold or shared
with others.
Section 49.
That Chapter 28 Article VI Section 28-114 be and the same is here p by amended to
read as follows:
Sec. 28-114. Same--Schedules of rates for natural gas, natural gas service.
Centerpoint Energy, its successors and assigns (hereinafter sometimes referred to
as-the "company"), is hereby authorized to place in effect the schedules of rates within the
city for the supply of natural gas and natural gas service, which schedules are on file in the
office of the city clerk.
Section 50.
That Chapter 28, Article VI, Section 28-115 be and the same is hereby amended to
read as follows:
Sec. 28-115. Same--Right of city council to regulate rates preserved.
Nothing contained in sections 28-112, 28-113 and 28-114 shall be construed as in
any manner, now or hereafter, limiting or modifying the right and power and original
jurisdiction of the city council of the City of Beaumont under the law to regulate the rates
charged by Centerpoint Energy, its successors and assigns, within the city.
Section 51.
That Chapter 28, Article VI, Sections 28-116 through 28-120 be and the same are
hereby repealed.
Section 52.
That Chapter 28,Article VII, Section 28-132 be and the same is hereby amended to
read as follows:
Sec. 28-132. Amount of rental.
Upon the first day of August of each year every person occupying or using the
streets, highways, easements, alleys, parks or other public places in the city with poles,
pipes and for other fixtures shall, as a condition to such further occupancy, pay to the city
annually for such privileges a rental equal to a statutory or negotiated amount for use of
city rights-of-way.
Section 53.
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 54.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 55.
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 13th day of
May, 2008.
- Mayor Becky Ames -
Chapter 28 UTILITIES*
*State law references: As to authority generally, see VTCS, Art. 1175 (11, 13, 15, 19,
29); as to city-owned utilities, see Arts. 1106--1132.
Art. I. In General,§§28-1--28-20
Art. II. Solid Waste Disposal,§§28-20.1--28-49
Div. 1. Generally,§§28-20.1--28-20.14
Div.2. Collection by City, §§28-21--28-21.13
Div.3. Private Collectors,§§28-22--28-22.4
Div.4. City Landfill,§§28-23--28-23.6
Div. 5. Service Fees,§§28-24--28-38
Div. 6. Miscellaneous, §§28-39--28-49
Art. III. Water and Sewer Regulations Generally, §§28-50--28-79
Art. IV. Water and Sewer Line Extensions,§§28-80--28-99
Art.V. Industrial Wastes Standards,§§28-100--28-109
Art.VI. Service Rates of Regulated Companies,§§28-110--28-129
Art. VII. Street Rental, §§28-130--28-140
Art. VIII. Watershed Protection Regulations,§28-141
ARTICLE I. IN GENERAL
Sec. 28-1. Tampering with apparatus, placing posters thereon.
It shall be unlawful for any person to tamper with, molest or use in any manner,
the poles, wires, crossarms, lamps, hoods, switches, cutoffs, connections, or any part of
the lines or apparatus belonging to the city or any person within the city, and no person
shall have the right to place upon the poles belonging to the city or such person any
handbills, notices, cards, advertising bills, placards or any written, printed or painted
matter, either by posting, tacking, suspending or any other mode of fastening.
(Code 1958, § 39-1)
Sec. 28-2. Interference of installations with private property.
It shall be unlawful for any person in the erection, repair and maintenance of his
wires, poles or other appliances, to, without consent, interfere with, injure, molest,
damage or fasten to, and connect with, the shade trees, buildings and improvements of
any property holder within this city.
(Code 1958, § 39-2)
Sec. 28-3. Underground installations, furnishing plan, permission to lay.
Companies having underground pipage system or underground wires shall be
required to furnish the city engineer with the map showing streets, alleys and sidewalks
occupied by the pipage or underground wire system and the dimensions of the pipes
used, and no such company shall be allowed to repair or put in new pipes or wires
without first obtaining permission of the city engineer, and first filing in the office of the
city engineer a map showing the territory to be occupied by the pipage or wire system
and the dimensions of the pipe to be used. No such company shall be allowed to
continue the occupancy of the streets of the city unless it complies with the above
provisions.
(Code 1958, § 39-3)
Sec. 28-4. Cable television or community antenna system operation
without franchise prohibited.
(a) No person, partnership, corporation or association shall construct, operate or
maintain in, upon, along, across, over and under the streets, alleys, easements
and public places located within the city a cable television system or community
antenna system or any other related system for the interception, transmission
and distribution of audio and video signals including television without first
obtaining a franchise from the city council.
(b) In case any cable television system or community antenna system is operated or
attempts to operate in, upon, along, across, over and under any of the streets,
alleys, easements and public places of the city, then in addition to other remedies
available the city council shall have the authority to institute on behalf of the city
and in the name of the city any proper action or proceeding to correct or abate
such violations as outlined above.
(Code 1958, § 23-5.1)
Sec. 28-5. Bus fares--Schedule of regular fares.
The following fares shall be in effect for the city transit system's fixed route and
charter services:
Rate
of
Type of Fare Fare
(1) Adult fare, persons 19 years of age and older..................... ............$ 1.25
(2) Reduced fare, elderly, disabled or persons aged 6 to 18 years...........0.75
(3) Children's fare, age 5 and under.........................................................Free
Children under six must be accompanied by fare-paying passenger.
(4) Transfers.............................................................................................0.25
(5) Adult monthly pass card, per month..................................................40.00
This card entitles an adult purchaser to unlimited ridership in the month
for which such card is issued and shall be nontransferable.
(6) Reduced monthly pass card, per month........................................... 20.00
(7) All persons utilizing a fare other than an adult fare shall provide proof of
eligibility, if requested by the driver, upon boarding the bus.
(Code 1958, § 9-1; Ord. No. 75-56, § 1, 7-16-75; Ord. No. 81-20, § 1, 3-24-81; Ord. No.
81-90, § 1, 11-17-81; Ord. No. 82-95, § 1, 8-24-82; Ord. No. 83-22, § 1, 3-1-83; Ord. No.
83-146, § 1, 11-1-83; Ord. No. 83-154, § 1, 12-6-83; Ord. No. 86-31, § 1, 3-25-86; Ord.
No. 91-61, § 1, 8-6-91; Ord. No. 94-60, § 1, 12-13-94; Ord. No. 00-24, § 1, 3-7-00; Ord.
No. 01-076, § 1, 10-2-01; Ord. No. 03-055, § 1, 7-22-03)
Cross references: Vehicles for hire, Ch. 29.
Sec. 28-6. Same--Schedule of special fares.
(a) Definitions:
(1) Young person:Any person who is six (6) to eighteen (18) years of age.
(2) Elderly person: Any person having reached or passed sixty-five (65)
years of age.
(3) Handicapped person: Any person who, by reason of illness, injury, age,
congenital malfunction, or other permanent or temporary incapacity or
disability, is unable, without special facilities, planning, or design to use
mass transit services or facilities as effectively as persons who are not so
affected.
(4) Transit-restricted. Nonambulatory persons who, for all practical purposes,
are confined to wheelchairs.
(5) Transit-limited. Semi-ambulatory persons who, although handicapped to
some extent, can walk with difficulty; generally included are persons who
use crutches, orthopedic canes, walkers and require special lifts, ramps,
other equipment or personal aides; persons with acute heart or
respiratory ailments; or those who are visually impaired (legally blind).
Persons must be unable to effectively use regular transit.
(b) The following fares and regulations shall be in effect for the Beaumont Transit
System's fixed route services:
(1) Elderly and handicapped person fares, one-way trip........................$ 0.35
Transfers for elderly or handicapped persons shall be free.
Elderly and/or handicapped persons must be able to present proof of
eligibility, if requested by the driver, upon boarding the bus.
(2) Young persons, elderly and handicapped persons monthly pass card, per
month................................................................................................ 15.00
This card entitles the holder to unlimited ridership on fixed route services
in the month for which such card is issued and shall be nontransferable.
Persons utilizing the card must be able to present proof of eligibility, if
required, when purchasing the pass card. A person may purchase a pass
for another but must present that person's proof of eligibility when
purchasing the pass card.
(3) Transit identification cards.
In lieu of other proof of eligibility, young or elderly persons may purchase
transit identification cards at locations designated by the city. The city will
charge a fee sufficient to cover the cost of the issuance and preparation
of the cards. A youth or elderly person, or someone appearing in their
behalf, must present proof of age (i.e., birth certificate, driver's license,
student identification or other acceptable document) with the completed