HomeMy WebLinkAboutPACKET APR 28 2009 RICH WITH OPPORTUNITY
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T - E - X • A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS APRIL 28, 2009 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve a resolution authorizing the City Manager to reduce the Rehabilitation of the
Primary and Secondary Trickling Filters Project
B) Approve the waiver of penalties and interest on twenty three tax accounts processed by
the Jefferson County Tax Assessor-Collector's Office
C) Authorize the acceptance of a water line easement from the Texas State University
System
D) Authorize the City Attorney to bring a cross-claim against Brystar Contracting, Inc., in
the Carolyn Faul v. City of Beaumont litigation and suit against Bituminous Casualty
Corp. resulting from the underlying incident
E) Authorize the settlement of the claim of Betty Clay
F) Approve a contract for investment management services
G) Approve a resolution authorizing the establishment of an Identity Theft Prevention
Program
A
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T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director
MEETING DATE: April 28, 2009
REQUESTED ACTION: Council approval of a resolution authorizing the City
Manager to reduce the Rehabilitation of the Primary and
Secondary Trickling Filters Project.
RECOMMENDATION
Administration recommends approval of reducing the Rehabilitation of the Primary and
Secondary Trickling Filters Project amount by$22,000.00. The proposed changes to the contract
will delete removing and replacing the overflow splitter box slide gate (JB#4) excluding the labor
and equipment required to pump down JB#4 twice. The reduction will represent a decrease of
1.50% of the original contract amount.
BACKGROUND
The primary and secondary filters were originally built in 1952. The proposed additions and
modifications to the trickling filters are mandated by equipment failure, increased flows during
normal operational conditions and deteriorated structures and equipment. The project will
rehabilitate and replace structural components and install new equipment to meet present and
future demands and State and Federal regulations.
Previous actions include:
Resolution 06-325 in the amount of$1,496,254.00 was passed by City Council on
October 24, 2006.
Resolution 07-343 in the amount of$34,965.35 was passed by City Council on October 24,
2007.
Resolution 08-017 in the amount of$76,485.00 was passed by City Council on January 15, 2008.
Resolution 08-116 in the amount of$124,179.00 was passed by City Council on April 15, 2008.
This Change Order is recommended for approval by the City Manager and the Water Utilities
Director.
BUDGETARY IMPACT
Funds for the project are available in the Capital Program.
APPROVAL OF CONTRACT CHANGE
Change Order No.4&Final
Date: March 26,2009
Project: City of Beaumont,Texas
Wastewater Treatment Facility
Rehabilitation of the Primary and Secondary Trickling Filters
Owner: City of Beaumont,Texas
801 Main Street
Beaumont,Texas 77704
Contractor: Allco,Ltd
P.O.Box 3684
Beaumont,Texas 77704
To the Owner: Approval of the following contract change is requested.
Reason for Change: to Delete removing and replacing the overflow splitter box slide gate(in JB#4)excluding
the labor and equipment required to pump down JB#4 twice.
ORIGINAL CONTRACT AMOUNT: $1,496,254.00
AMOUNT OF CHANGE ORDER No.1,No.2 AND No.3 $235,629.35
REVISED CONTRACT AMOUNT PER PREVIOUSLY APPROVED
CHANGE ORDER No.1,No.2 AND No.3 $1,731,883.35
THIS CHANGE ORDER:
Description Net Change
Delete removing and replacing the overflow splitter box slide gate (in ($22,000.00)
JB#4) excluding the labor and equipment required to pump down JB#4
twice.
TOTAL AMOUNT OF THIS CHANGE ORDER: ($22,000.00)
TOTAL REVISED CONTRACT AMOUNT INCLUDING
THIS CHANGE ORDER: $1,709,883.35
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this
Change Order represents full compensation for all increases and decreases in the cost of,and the time required
to perform the entire work under the Contract arising directly or indirectly from this Change Order and all
previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor
that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract, and that
Contractor will waive all rights to file a claim on this Change Order after it is properly executed."
Recommended by: Approved By: Accepted by:
Schau urg&Polk,Inc. City of Beaumont Allco Ltd.
Engineer Owner Contractor
Date: Date: Date: oil—o5-- co Z
RESOLUTION NO.
WHEREAS, on October 24, 2006, the City Council of the City of Beaumont, Texas,
approved Resolution No. 06-325 awarding a contract in the amount of$1,496,254 to Allco,
Ltd., Beaumont,Texas,forthe Rehabilitation of the Wastewater Treatment Facility Primary
and Secondary Trickling Filters; and,
WHEREAS, Change Order No. 1 in the amount of $34,965.35, passed by
Resolution No. 07-343 on October 23, 2007, was required for "extra work" to remove
three concrete plugs for the headworks building and channel, replace the specified
Garlock gaskets with 1/8" neoprene gaskets on Primary Trickling Filter No. 1, sandblast,
existing distribution arms for Primary Trickling Filter No. 2, Secondary Trickling Filter No.
1 and Secondary Trickling Filter No. 2 to prepare the surfaces to be galvanized, repair
three (3) sections of the distribution tubes from Primary Trickling Filter No. 2 by cutting the
bottom section of the tubes at the weld seams on both sides and installing a 1/4" carbon
steel plate bent to the original radius and cutting new holes for the orifice ports to match
the original holes, furnish and install 325 new stainless steel spreader plates and 325 new
stainless steel spacer plates on Primary Trickling Filter No. 2, repair the top of one
distribution tube section by cutting out the damaged area and welding a 1/4" carbon steel
plate in place and weld up dimple holes on the distribution tubes for Primary Trickling Filter
No. 2, and increase the contract time by 81 calendar days,thereby increasing the contract
amount to $1,531,219.35; and,
WHEREAS, Change Order No. 2 in the amount of$76,485, passed by Resolution
No. 08-017 on January 15, 2008, was required to furnish labor, equipment and material to
remove the damaged portion of the wall on the final clarifier splitter box, install new
concrete to match the existing wall, reinstall the slide gate brackets, add new plates so that
there is a 1" plate on both sides of the wall, install stainless steel bolts to anchor the slide
gate bracket to the wall and through the plates of the slide gate brackets, and reinstall the
slide gate actuator on the bracket. Replace 430 brass spreader plate assemblies including
spreader plates, spacers, nuts and washers on the existing Secondary Trickling Filter No.
1 with new stainless steel assemblies. Repair 20 distribution tubes on the Secondary
Trickling Filter No. 1 including two (2) 3' by 3' patches, replace the bottom side of one (1)
distribution tube section, and replace the front side of the distribution tubes including
cutting orifice holes for the spreader plate assemblies, thereby increasing the contract
amount to $1,607,704.35; and,
WHEREAS, Change Order No. 3 in the amount of$124,179, passed by Resolution
No. 08-116 on April 15, 2008, was required to furnish labor, equipment and material to
remove and replace four (4) existing flange and clean out covers with four (4) new flange
and clean out covers; replace 430 brass spreader plate assemblies including spreader '
plates, spacers, nuts and washers on the existing Secondary Trickling Filter No. 2 with new
stainless steel assemblies; make one (1) 9' by 40" patch, one (1) 8" by 17" patch with one
hole on the outlet face of one tube; repair 12 distribution tubes on the Secondary Trickling
Filter No. 2, including one (1) 4' by 10' bottom replacement, three(3) 4' by 18'10" bottom
replacements, two (2) 4' by 10' bottom replacements, and replace the front side of the
distribution tubes including cutting orifice holes for the spreader plate assemblies; replace
the front side of eight (8) distribution tubes including cutting orifice holes for the spreader
plate assemblies; and, remove and replace the overflow splitter box slide gate, thereby
increasing the contract to $1,731,883.35; and
WHEREAS, Change Order No. 4 in the amount of -($22,000.00) is required to
delete removing and replacing the overflow splitter box slide gate (JB#4), excluding the
labor and equipment required to pump down JB#4 twice, thereby decreasing the contract
to $1,709,883.35;
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 No. 4
in the amount of -($22,000.00) for changes described above, thereby decreasing the
contract amount to $1,709,883.35 .
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April,
2009.
- Mayor Becky Ames -
B
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T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: April 28, 2009
REQUESTED ACTION: Approve the waiver of penalties and interest on twenty three tax
accounts processed by the Jefferson County Tax Assessor-
Collector's Office.
BACKGROUND
Section 33.011 of the State Property Tax Code states "the governing body of a taxing unit may
provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an
officer, employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before
the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of
the delinquency." The Jefferson County Commissioners' Court approved the waiver of penalties
and interest on the accounts on November 10, 2008. A letter from the Tax Assessor-Collector is
attached for your review as well as information relating to the twenty three tax accounts.
BUDGETARYIMPACT
None.
04/21/2009 10: 39 4098358589 JEFF CO TAX OFFICE PAGE 02/04
Ak
a
TEXAS
MMIAM K. JOHNSON
TAX ASSESSOR-COLLECTOR
SUSIE TAMES 1E"ERSON COUNTY CoURTHOUS4 SYLVIA E,MYERS
CHMF D13PUTY P.A.80X 2112 BEAUMONT,TEXAS 77704-2112 c Ep oPERAWONS MOR,
409-835-8516 PAX 409-835-8589
November. 20,2008
Kyle Hayes
City of Beaumont
P 0 Box 3827
Beaumont, TX 77704
Dear Mr. Hayes:
The Tax Office has accepted twenty three (23) payments that were processed according
to Sec. 33.011 of the State Property Tax Code. For your information, Sec. 33.01.1 reads
as follows: "The governing body of a taming unit may provide for the waiver of penalties
and interest on a delinquent tax if an act or omission of az�,o icer, employee, or agent of
the taxing Malt caused the taxpayer's failure to pay the tax before the delinquency and if
the talc 'is paid within 21 days after the taxpayer knows or should know of the
delinquency."
The Commissioners' Court met on November 10, 2008 and approved waiver of penalty
and interest on these accounts which are listed on Attachment A. I am now requesting
that you present this information to your governing body in order to ratify the
Commissioners' Court action in accepting these payments. If you should -have any
problems or questions concerning this matter, please let me know right away. Please
notify me in writing as soon, as ratification has occurred.. I look forward to hearing from
you.
Sincerely,
MI IAM K. JOBN N
Assessor-Collector of Taxes
Jefferson County,Texas
NIKJ:db
Atlac ment
Wniva p Bt2leCet
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the penalty and interest on the tax accounts listed on Exhibit "A," attached hereto
and made a part hereof for all purposes, be and they are hereby waived pursuant to
Section 33.011 of the Texas Property Code as each taxpayer's failure to pay was caused
by a billing error or similar mistake.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April,
2009.
- Mayor Becky Ames -
04/21/2009 10:39 4098358589 JEFF CO TAX OFFICE PAGE 03/04
ATTACHMENT A
WAIVER OF P&I-CITY OF BEAUMONT
Taxpayer's Name Total Levy Waiver of P&I
Account Number Paid Requested
1. Richard Clark 229.33 43.57
003200-023900
2. Richard Clark 97.07 18.44
003200-024100
3. Peaceful Rest Baptist Church 434.63 569.89
006450-007200
4. Linzy James 1,194.11 262.70
027350-002900
5. Yvonne Como 43.13 12.52
032300-002800
6. Yvonne Como 23.69 6.87
032300-003000
7. Yvonne Como 25.27 7.34
032300-003100
8. James Leggett 147.35 22.10
034100004800
9, Edward Marino 550.46 99.08
035650-000600
10, Sw-n Boaze 19.82 7.36
039400007350
11. MM Investments 47.78 21.59
052800-044001
12. Windsor Head 723.33 460.28
059000-000100
1.3, P.A. Electric 551.19 99.21
062307-000800
b4/11/200y lb: iy 40ytii5ti5tiy JEFF (_U IAX Urf 1Gt F'AUE 04/04
14. P.A. Electric 551.19 99.21
062307-000900
15. Two-B-Equities 135.54 18.98
062500-004900
16, Randy Drewett 1,425.52 156.81
071076200/000300-00000
17. James Ninh 80.57 19.35
231218-005950
18, Rentab)es LTD 55.09 9.92
25741 6-000750
19. Jimmie Davis 163.03 51.71
600800-013334
20, Magon Hardily 1.67.18 40.02
600800-013534
21. Gulf Food Market 203.10 46.71
700000258385
22. Stanley Bryant 123.43 23.45
009350-009000
23. Billy Davis 28.47 5.12
067550-009400
TOTAL 7,020.28 2,102.23
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C'A,111�1011 �
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: April 28, 2009
REQUESTED ACTION: Council consider authorizing the acceptance of a water
line easement from the Texas State University System.
RECOMMENDATION
The Administration recommends acceptance of a water line easement to provide access for fire
protection services on Lamar University property.
BACKGROUND
The Texas State University System. has agreed to convey a ten foot (10') wide water line
easement to the City of Beaumont. The Water Line Easement [out of Lots or Tracts 30, 31,
33, 34 and 35, Gladys City Oil and Gas Manufacturing Company Subdivision], will provide
mandatory access to the water lines and fire hydrants for Lamar University property located
off Rolfe Christopher Drive, and would also allow for the construction, alteration, operation
and maintenance of the said water line and appurtenances.
BUDGETARYIMPACT
None.
\enguniversity_system-ib
20 April 2009
RESOLUTION NO.
WHEREAS, the Texas State University System has offered to convey a ten
foot(10')wide water line easement out of Lots or Tracts 30, 31, 33, 34 and 35, Gladys City
Oil and Gas Manufacturing Company Subdivision, being an 0.092 acre of land out of the
John Veatch Survey,Abstract No. 55, as described in Exhibit"A"and shown on Exhibit"B"
attached hereto, to the City of Beaumont for the purpose of providing mandatory access
to the water lines and fire hydrants for Lamar University property located off Rolfe
Christopher Drive and allowing for the construction, alteration, operation and maintenance
of the said water lines and appurtenances; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the easement conveyed by the Texas State University System, as described in
Exhibit "A" and shown on Exhibit "B," be and the same is hereby, in all things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April,
2009.
- Mayor Becky Ames -
EXHIBIT A
Exclusive Water Line Easement
Legal Description: 0.092 Acre Tract of Land
Out of and Part of 21.628 Acre Tract of Land
Part of Lots or Tracts 30,31,33,34, and 35
Gladys City Oil and Gas Manufacturing Company Subdivision
Volume 1 Page 25, Map Records, Jefferson County, Texas
John Veatch Survey, Abstract No. 55
Jefferson County, Texas
BEING a 0.092 acre tract or parcel of land situated in the John Veatch Survey, Abstract
No. 55, Jefferson County, Texas and also being out of and part of that certain 21.628 acre
tract described in a Warranty Deed dated November 7th, 1974, from The Gladys City
Company to Lamar University, recorded in Volume 1856, Page 89 of the Deed Records,
Jefferson County, Texas, said 0.092 acre tract being more particularly described as
follows:
NOTE: All bearings are based on the Texas State Plane Coordinate.System
9983, South Central Zone. All distances shown are surface.
COMMENCING at a 5/8" iron rod found for the Northeast corner of the aforesaid 21.268
acre tract, the same being the Southwest corner of that certain called 4.0 acre tract
described in a Warranty Deed dated June 15th, 1965, from South Park Independent
School District to Lamar State College of Technology, recorded in Volume 1429, Page
474, Deed Records, Jefferson County, Texas;
.THENCE N 58 029'10" E along and with the North line of the aforesaid 21.268 Acre tract
for a distance of 999.02 feet to an iron rod found, said iron rod being located on the West
Fight of way line of Rolfe Christopher Drive as described as 3.131 acres in Deed without
Warranty from Lamar University to the City of Beaumont dated June 7th, 1983, recorded in
Film Code 100-43-0252, Official Public Records, Jefferson County, Texas;
THENCE S 30 018'08". E along and with the West right of way line of Rolfe Christopher
Drive a distance of 51.51 feet to the PLACE OF BEGINNING of the easement herein
described;
THENCE continuing along and with the West right of way line of said Rolfe Christopher
Drive S 30 018'08" E for a distance of 20.25' to a point for corner;
THENCE S 00 042'43" E for a distance of 156.96' to e point for corner;
THENCE S 14 021'34" E for a distance of 89.08' to a point for corner;
THENCE S 75 038'26" W for a distance of 10.00' to a point for corner;
THENCE N 14 021'34" W for a distance of 9.16' to a point for corner;
EXHIBIT A
Exclusive Water Line Easement
THENCE S 75 038'23" W for a distance of 76.50' to a point for corner;
THENCE S 14 025'19" E for a distance of 7.22' to a point for corner;
THENCE S 75°34'41" W for a distance of 10.00' to a point for corner;
THENCE N 14 02519" W for a distance of 7.23' to a point for corner;
THENCE S 75 038'23" W for a distance of 49.99' to a point for corner;
THENCE N 14 021'30" W for a distance of 10.00' to a point for corner;
THENCE N 75 038'23" E for a distance of 136.49' to a point for corner;
THENCE N 14 021'34" W for a distance of 71.11' to a point for corner;
THENCE N 00 042'43" W for a distance of 175.76' to the PLACE OF BEGINNING and
containing 0.092 acres of land, more or less in easement.
5s -
,r
Mark W. Whiteley, RPLS #3636
This exhibit is accompanied with a plat shown as Exhibit B
LAMAR STATE COLLEGE Of TECHNOLOGY
VOL. 1429 PG. 474
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JC N58'29'10"E 999.02' FND
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--- -- - - ---- -- WATER MAIN 133 LF
LINE BEARING DISTANCE a�
REMAINDER OF y/ _ /
L 1 S30-18'08"E 20.25' CALLED 21.268 ACRES CITY FORCES TO MAKE
L2 S75-38 26-W 10.00' LAMAR UNIVERSITY �/?i TIE INTO EXISTING 8"
L3 N14'21'34') 9.16' VOL, 1856 PG. 89 / j�� WATERLINE 0 CONTRACTOR'S
L4 S`14'25 19"E 7 DRJC /// EXPENSE
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._KINDER MORCAN PIPELINE
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vo I 7 // PROPOSED 8 x 170'
SS-- gg_ SS_ __ SS SS — SS /J / PVC C-900 WATERLINE
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PVC C-900 WATERLINE J-PROPOSED 8"
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PROPOSED 8"x 50' / .`/ / EXCLUSIVE TATERLINE EASEMENT
's 1»-50' i PVC C-900 WATERLINE PROPOSED 8" x 8" x 3" MJ TAE / OF
WITH 3".x 2-1/2• MJ REDUCER 0.092 ACRE TRACT OF LAND
/ / OUT OF AND PART OF 21.020 ACRE TRACT OF LAND
PROPOSED FIRE y PROPOSED 8" z 87' rh/
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HYDRANT ASSEMB Y y �3Br `�y `38� / � 1 � PART OF TATS OR TRACTS 90,91,0.9,9{,AND 95
TO THE OWNERS OF THE PREMISES SURVEYED I ` 3" l l / GLADYS CRY OIL AND GAS MANUFACLURMG LYIMPANY SUBDRISION
AS OF THE DATE OF THE SURVEY: ti �`� 49, / /�r/• YOU11lL 1 PAGE 25,MAP RECORDS,JEFFERSON COUNTY,TPJUS
I, MARK W WHITE EY DO HEREBY CERTIFY THAT H / WA7ER METER— � `
THIS SURVEY WAS THIS DAY LcS 5'y5° 1✓ ` / JOHN VEATCH SURVEY,ABSTRACT NO. 55
E ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED `� 3B'��� w'-0 /!h JEFFERSON COUNTY,TEXAS
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME % REFER TO DOM WATER
OF THE SURVEY. PLAN SHEET P1.1 FOR CLIENT:
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DATE SURVEYED APRIL 7, 2009 i CONTINUATION X � /-PROPOSED 8" x 8" x 8' THE CITY OF HEAUMONT
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FOR CONTINUATI N- MARK W. WHITELEY
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I'Em . �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Atto
MEETING DATE: April 28, 2009
REQUESTED ACTION: Consider an resolution authorizing the City Attorney to
bring a cross-claim against Brystar Contracting, Inc.,in the
Carolyn Faul v. City of Beaumont litigation and suit against
Bituminous Casualty Corp. resulting from the underlying
incident.
RECOMMENDATION
Administration recommends approval of a resolution authorizing the City Attorney to bring a
cross-claim against Brystar Contracting, Inc., in the Carolyn Faul v. City of Beaumont litigation
and suit against Bituminous Casualty Corp. resulting from the underlying incident.
BACKGROUND
Carolyn Faul claims she was injured in a two-car accident when a Brystar employee, Terrance
Moss, ran a stop sign and collided with Ms. Faul. Ms. Faul has sued both Mr. Moss, Brystar and
the City for this accident. At the time of the accident, Brystar had a contract with the City of
Beaumont for the North Street Waterline Replacement Project. Mr. Moss was delivering
materials and equipment to the job site at the time of the accident. Under the contract between
Brystar and the City, Brystar purchased insurance covering the City and agreed to indemnify the
City for claims such as Faul's. Byrstar has refused the City's demand to take over Ms. Faul's
claim as they agreed in the contract. Further, Bituminous had issued an insurance declaration
indicating coverage for Brystar and the City. They have not assumed the City's defense as
agreed in accordance with the Certificate of Insurance issued to the City.
BUDGETARYIMPACT
The City will seek recovery of any damages Ms. Faul recovers from it and its attorney's fees and
expenses defending Ms. Faul's claim and prosecuting claims against Brystar and Bituminous.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Attorney or his designee is hereby authorized to file and prosecute a lawsuit
against Brystar Contracting, Inc., and Bituminous Casualty Corp. and, if necessary, other
parties seeking recovery of the City's damages, interest and attorney's fees and expenses
in defending Ms. Carolyn Faul's claim against the City and the City's claim against Brystar
Contracting, Inc., and Bituminous Casualty Corp.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April,
2009.
- Mayor Becky Ames -
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C ► �
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: April 28, 2009
REQUESTED ACTION: Council consider a resolution authorizing the settlement of the
claim of Betty Clay.
RECOMMENDATION
Council approval of a resolution authorizing the settlement of the claim of Betty Clay.
BACKGROUND
Council discussed the settlement of this claim in Executive Session on April 21, 2009.
BUDGETARYIMPACT
There are sufficient funds in the Liability Trust Fund to pay the amount as shown:
Betty Clay and Jonathan C. Juhan, Attorney $15,000
RESOLUTION NO.
WHEREAS, the claim of Betty Clay, has been discussed in an Executive Session
properly called and held Tuesday, April 21, 2009; 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 Betty Clay in
the amount of Fifteen Thousand Dollars ($15,000).
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April,
2009.
- Mayor Becky Ames -
F
RICH WITH OPPORTUNITY
1117EA,111�ICI
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: April 28, 2009
REQUESTED ACTION: Council consider approving a contract for investment
management services.
RECOMMENDATION
Administration recommends approval of a two-year contract with Valley View Consulting,
L.L.C., for professional services to direct and coordinate all programs of investing as may be
considered and authorized by the City, for an annual fee of 0.04% (4 basis points) of the average
quarterly fund balance for all funds designated as Investable Funds.
BACKGROUND
Today's market environment is very volatile with a shifting yield curve that mandates careful
attention and implementation. At March 31, 2009, the City had $118 Million in investable
funds. An investment management firm will dedicate time to monitoring the markets on behalf
of the City and to developing and executing investment strategies to safely optimize the returns
on the portfolio.
Valley View Consulting, L.L.C., is a SEC registered investment advisory firm serving public
entities in a variety of cash and investment management and consulting roles. Valley View
provides completely independent advisement and consultation and is not affiliated with any
investment pool or provider. The firm was founded in 1998 and registered with the SEC in
January 1999.
As part of the agreement, Valley View agrees to perform the following duties:
a. Assist the City in developing cash flow projections,
b. Suggest appropriate investment strategies to achieve the City's objectives,
c. Advise the City on market conditions, general information, and economic data,
d. Analyze risk/return relationships between various investment alternatives,
e. Attend periodic meetings as requested by the City,
f. Assist in the selection, purchase and sale of investment securities. The City will make
all decisions regarding purchase and sale of investments as defined in the City's
Investment Policy,
Investment Management Services
April 28, 2009
Page 2
g. Advise on the investment of bond funds as to provide the best possible rate of return
to the City in a manner which is consistent with the Investment Policy of the City or
applicable federal rules and regulations,
h. Assist the City in creating investment reports in compliance with State legislation and
the City's Investment Policy.
The agreement is attached for your review.
BUDGETARY IMPACT
Based on the proposed fee of 0.04% (4 basis-points), the advisory fee would be approximately
$36,000 annually. Funds are budgeted in the Finance Department's FY 2009 operating 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 a two-year contract
with Valley View Consulting, L.L.C., for professional services to direct and coordinate all
programs of investing as may be considered and authorized by the City for an annual fee
of.04% (4 basis points) of the average quarterly fund balance for all funds designated as
Investable Funds. The contract 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 28th day of April,
2009.
- Mayor Becky Ames -
AGREEMENT
BY AND BETWEEN
CITY OF BEAUMONT, TEXAS
AND
VALLEY VIEW CONSULTING, L.L.C.
It is understood and agreed that the City of Beaumont (the Investor) will have from time to time
money available for investment (Investable Funds) and Valley View Consulting, L.L.C. (Advisor)
has been requested to provide professional services to the Investor with respect to the Investable
Funds. This agreement (the Agreement) constitutes the understanding of the parties with regard to
the subject matter hereof.
1. This Agreement shall apply to any and all Investable Funds of the Investor from time to
time during the period in which this Agreement shall be effective.
2. The Advisor agrees to provide its professional services to direct and coordinate all programs
of investing as may be considered and authorized by the Investor.
3. The Advisor agrees to perform the following duties:
a. Assist the Investor in developing cash flow projections,
b. Suggest appropriate investment strategies to achieve the Investor's objectives,
c. Advise the Investor on market conditions, general information and economic data,
d. Analyze risk/return relationships between various investment alternatives,
e. Attend periodic meetings as requested by the Investor,
f. Assist in the selection, purchase and sale of investment securities. The Advisor shall
not have discretionary investment authority over the Investable Funds and the Investor
shall make all decisions regarding purchase and sale of investments. Those investment
securities are listed in the Investor's Investment Policy,
g. Advise on the investment of bond funds as to provide the best possible rate of return
to the Investor in a manner which is consistent with the proceedings of the Investor
authorizing the investment of the bond funds or applicable federal rules and regulations,
and
h. Assist the Investor in creating investment reports in compliance with State
legislation and the Investor's Investment Policy.
EXHIBIT "A"
4. The Investor agrees to:
a. Compensate the Advisor for any and all services rendered and expenses incurred as
set forth in Appendix A attached hereto,
b. Provide the Advisor with the schedule of estimated cash flow requirements related to
the Investable Funds, and will promptly notify the Advisor as to any changes in such
estimated cash flow projections,
c. Allow the Advisor to rely upon all information regarding schedules, investment
policies and strategies, restrictions, or other information regarding the Investable Funds
as provided to it by the Investor and that the Advisor shall have no responsibility to
verify, through audit or investigation, the accuracy or completeness of such
information,
d. Recognize that there is no assurance that recommended investments will be
available or that such will be able to be purchased or sold at the price recommended by
the Advisor, and
e. Not require the Advisor to place any order on behalf of the Investor that is
inconsistent with any recommendation given by the Advisor or the policies and
regulations pertaining to the Investor.
5. In providing the investment services in this Agreement, it is agreed that the Advisor shall
have no liability or responsibility for any loss or penalty resulting from any investment made or
not made in accordance with the provisions of this Agreement, except that the Advisor shall be
liable for its own gross negligence or willful misconduct; nor shall the Advisor be responsible
for any loss incurred by reason of any act or omission of any broker, selected with reasonable
care by the Advisor and approved by the Investor, or of the Investor's custodian. Furthermore,
the Advisor shall not be liable for any investment made which causes the interest on the
Investor's obligations to become included in the gross income of the owners thereof.
6. The fee due to the Advisor in providing services pursuant to this Agreement shall be
calculated in accordance with Appendix A attached hereto, and shall become due and payable
as specified. Any and all expenses for which the Advisor is entitled to reimbursement in
accordance with Appendix A attached hereto shall become due and payable at the end of each
calendar quarter in which such expenses are incurred.
7. This Agreement shall become effective at the date of acceptance by the Investor as set out
herein below and remain in effect for two (2) years with the option of the Investor to extend
this Agreement in additional two year periods. Provided, however, the Investor or Advisor
may terminate this Agreement upon thirty (30) days written notice to the other party. In the
event of such termination, it is understood and agreed that only the amounts due to the Advisor
for services provided and expenses incurred to and including the date of termination will be due
and payable. No penalty will be assessed for termination of this Agreement. In the event this
Agreement is terminated, all investments and/or funds held by the Advisor shall be returned to
the Investor as soon as practicable. In addition, the parties hereto agree that upon termination of
this Agreement the Advisor shall have no continuing obligation to the Investor regarding the
investment of funds or performing any other services contemplated herein.
8. The Advisor reserves the right to offer and perform these and other services for various
other clients. The Investor agrees that the Advisor may give advice and take action with
respect to any of its other clients, which may differ from advice given to the Investor. The
Investor agrees to coordinate with and avoid undue demands upon the Advisor to prevent
conflicts with the performance of the Advisor towards its other clients.
9. The Advisor shall not assign this Agreement without the express written consent of the
Investor.
10. By initialing the appropriate line, Investor acknowledges that:
1) _X_ Investor was provided a written copy of Part II of Form ADV not less than
48 hours prior to entering into this written contract, or
2) Investor received a written copy of Part II of Form ADV at the time of
entering into this contract and has the right to terminate this contract without
penalty within five business days after entering into this contract.
3) Investor is renewing an expiring contract and has received in the past, and
offered annually, a written copy of Part 1I of Form ADV.
This Agreement is submitted in duplicate originals. When accepted by the Investor, it, together
with Appendix A attached hereto, will constitute the entire Agreement between the Investor and
Advisor for the purposes and the consideration herein specified. Acceptance will be indicated on
both copies and the return of one executed copy to Advisor.
Respectfully submitted,
Richard G. Long, Jr.
Manager, Valley View Consulting, L.L.C.
This agreement is hereby agreed to and executed on behalf of the City of Beaumont, Texas.
By:
City of Beaumont, Texas
Date:
L
APPENDIX A
FEE SCHEDULE AND EXPENSE ITEMS
In consideration for the services rendered by the Advisor in connection with the investment of the
Investable Funds designated by the Investor, it is understood and agreed that the fee will be as
follows:
The Advisor shall receive an annual fee of .04% (4 basis points) of average quarterly fund
balance for all funds designated as Investable Funds.
In the event a flexible repurchase agreement or other similar investment option is utilized, the
Advisor shall receive a normal and customary fee within the guidelines of the Internal Revenue
Service, in lieu of Agreement Fee.
Expenses:
Said fee includes all costs of services related to this Agreement, and all travel and business expense
related to periodic meeting attendance. With pre-trip Investor approval, the Advisor may also
request reimbursement for special meeting or event travel and business expense. The obligation of
the Advisor to pay expenses shall not include any costs incident to litigation, mandamus action, test
case or other similar legal actions.
Any other fees retained by the Advisor shall be disclosed to the Investor.
G
RICH WITH OPPORTUNITY
11C A► �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer YVI
MEETING DATE: April 28, 2009
REQUESTED ACTION: Council consider a resolution to establish an Identity Theft
Prevention Program.
RECOMMENDATION
Administration recommends Council approve a resolution to establish an Identity Theft
Prevention Program pursuant to the Federal Trade Commission's "Red Flags" Rule which
implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003.
BACKGROUND
The "Red Flags" Rule requires many businesses and organizations to implement a written
Identity Theft Prevention Program designed to detect the warning signs or"red flags" of identity
theft in their day-to-day operations, take steps to prevent the crime, and mitigate the damage it
inflicts. The Rule sets out how the programs should be developed, implemented and
administered, including four basic elements: adopting reasonable policies and procedures to
identify red flags, detecting the red flags that have been identified, spelling out the appropriate
actions that will be taken when the red flags are detected, and re-evaluating the Program
periodically.
Examples of red flags include a person presenting identification that doesn't look like the photo
or match a physical description, the information looks forged or altered, inconsistencies between
birth dates and social security numbers, an account that has been inactive for a long period of
time is suddenly used again, a notice of address discrepancy is provided by a credit reporting
agency, among many others.
The City must comply with the Red Flag Rules because it is considered a creditor and has
"covered accounts." The definition of"creditor" includes organizations that regularly defer
payment for goods or services or provide goods or services and bill customers later. "Covered
accounts" includes accounts that a creditor offers for which there is a reasonably foreseeable risk
to customers of the creditor from identity theft, including financial, operational, compliance,
reputation, or litigation risks. The City meets these two definitions in connection with water
utility and garbage accounts, municipal court fines, and emergency medical services accounts.
Identity Theft Prevention Program
April 28, 2009
Page 2
Therefore, written policies must be adopted to administer a program to detect, prevent and
diminish identity theft as it relates to these types of accounts.
The Identity Theft Prevention Program is attached for your review.
BUDGETARYIMPACT
None.
RESOLUTION NO.
A RESOLUTION ADOPTING AN "IDENTITY THEFT
PREVENTION PROGRAM" TO COMPLY WITH FEDERAL
REGULATIONS RELATING TO RED FLAGS AND IDENTITY
THEFT AND APPROVING ADMINISTRATIVE RULES
ENTITLED "IDENTITY THEFT PREVENTION PROGRAM
RULES."
WHEREAS pursuant to federal law the Federal Trade Commission adopted Identity
Theft Rules requiring the creation of certain policies relating to the use of consumer reports,
address discrepancy and the detection, prevention and mitigation of identity theft;
WHEREAS the Federal Trade Commission regulations, adopted as 16 CFR§ 681.2
require creditors, as defined by 15 U.S.C. § 1681 a(r)(5)to adopt red flag policies to prevent
and mitigate identity theft with respect to covered accounts;
WHEREAS 15 U.S.C. § 1681a(r)(5)cites 15 U.S.C. §1691 a, which defines a creditor
as a person that extends, renews or continues credit, and defines 'credit' in part as the right
to purchase property or services and defer payment therefore;
WHEREAS the Federal Trade Commission regulations include utility companies in
the definition of creditor;
WHEREAS the City of Beaumont is a creditor with respect to 16 CFR§681.2 by virtue
of providing utility services or by otherwise accepting payment for other municipal services
in arrears;
WHEREAS the Federal Trade Commission regulations define "covered account" in
part as an account that a creditor provides for personal, family or household purposes that
is designed to allow multiple payments or transactions and specifies that a utility account,
among others, is a covered account;
WHEREAS the Federal Trade Commission regulations require each creditor to adopt
an Identity Theft Prevention Program which will use red flags to detect, prevent and mitigate
identity theft related to information used in covered accounts;
WHEREAS the City provides water, sewer, storm sewer, and refuse collection
services for which payment is made after the product is consumed or the service has
otherwise been provided which by virtue of being utility accounts are covered accounts;
WHEREAS customer accounts for Municipal Court fines for which payment is made
after the fine is imposed are covered accounts by virtue of allowing for multiple payments or
transactions;
WHEREAS, customer accounts for emergency medical services and other municipal
services for which payment is made after the service is provided are covered accounts; and
WHEREAS the Federal Trade Commission regulations, adopted as 16 CFR 681.1,
require users of consumer credit reports to develop policies and procedures relating to
address discrepancies between information provided by a consumer and information
provided by a consumer credit company;
WHEREAS the City of Beaumont uses consumer credit reports to establish various
customer accounts; and
WHEREAS the duly elected governing authority of the City of Beaumont is the City
Council thereof;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Beaumont, Texas, hereby adopts and approves the Administrative Rules entitled "Identity
Theft Prevention Program" attached hereto as Exhibit "A."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April,
2009.
- Mayor Becky Ames -
ATTEST:
By:
Tina Broussard, City Clerk
APPROVED:
By:
Tyrone E. Cooper, City Attorney
City of Beaumont
Identity Theft Prevention Program
May 1, 2009
I. Adoption of Program and General Information.
The City of Beaumont ("City") has developed this Identity Theft Prevention Program
("Program") pursuant to the Federal Trade Commission's Red Flags Rule ("Rule"),
which implements Section 114 of the Fair and Accurate Credit Transactions Act of
2003. § 16 C.F.R. §681.2.
II. Purpose.
The purpose of this policy is to ensure the City of Beaumont has a program in place
to detect, prevent and diminish identity theft in connection with water utility and
garbage accounts, municipal court fines, emergency medical services billings, and
any other account meeting the definition of cover accounts below, to establish written
procedures for security and storing of personal information.
III. Application.
This policy applies to City Staff who enter or modify customer personal information
that is submitted in person, by telephone, facsimile, mail, email and over the internet.
IV. Definitions.
For purposes of this Article, the following definitions apply:
A. City—The City f Beaumont Texas.
Y
B. Covered Account — (i) An account that a financial institution or creditor
offers or maintains primarily for personal, family, or household purposes,
that involves or is designed to permit multiple payments or transactions,
such as credit card account, or utility account, or Municipal Court imposed
fine or costs; and (ii) Any other account that the financial institution or
creditor offers or maintains for which there is a reasonably foreseeable
risk to customers or to the safety and soundness of the financial institution
or creditor from identity theft.
C. Credit — The right granted by a creditor to a debtor to defer payment of
debt or incur debts and defer its payment or to purchase property or
services and defer payment therefore.
D. Creditor—Any person who regularly extends, renews, or continues credit;
any person who regularly arranges for the extension, renewal, or
continuation of credit; or any assignee of an original creditor who
EXHIBIT "A"
participates in the decision to extend, renew, or continue credit and
includes utility companies.
E. Customer—A person that has a covered account with a creditor.
F. Identity theft — A fraud committed or attempted using identifying
information of another person without authority.
G. Person — A natural person, a corporation, government or governmental
subdivision or agency, trust, estate, partnership, cooperative, or
association.
H. Identifying Information—Any name or number that may be used, alone or
in conjunction with any other information, to identify a specific person,
including any name, social security number, date of birth, official State or
government issued driver's license or identification number, alien
registration number, government passport number, employer or taxpayer
identification number.
I. Red Flag — A pattern, practice, or specific activity that indicates the
possible existence of identity theft.
J. Service Provider—A person that provides a service directly to the city.
V. Findings.
A. The City is a creditor pursuant to 16 CFR Section 681.2 due to its
provision or maintenance of covered accounts for which payment is made
in arrears.
B. The processes of opening new covered account, restoring an existing
covered account, making payments on such accounts have been identified
as potential processes in which identity theft could occur.
C. The city limits access to personal identifying information to those
employees responsible for or otherwise involved in opening or restoring
covered accounts or accepting payment for use of covered accounts.
Information provided to such employees is entered directly into the city's
computer system and is not otherwise recorded.
D. The city determines that there is a low risk of identity theft occurring in
the following ways:
(1) Use by an applicant of another person's personal identifying
information to establish a new covered account;
(2) Use of a previous customer's personal identifying information
by another person in an effort to have service restored in the
previous customers' name;
(3) Use of another person's credit card, bank account, or other
method of payment by a customer to pay such customer's
covered account or accounts
(4) Use by a customer desiring to restore customer's covered
account of another person's credit card, bank account, or other
method of payment.
VI. Process of Establishing a Covered Account.
A. As a precondition to opening a covered account in the city, each applicant
shall provide the city with personal identifying information of the customer
as may be reasonably requested by the employee opening said account.
Such information shall be entered directly into the city's computer
system and shall not otherwise be recorded.
B. Each account shall be assigned an account number.
VII. Access to Covered Account Information.
A. Access to customer accounts shall be limited to authorized city personnel.
B. Any unauthorized access to or other breach of customer accounts is to be
reported immediately to the Chief Financial Officer and City Manager.
C. Personal identifying information included in customer accounts is
considered confidential and any request or demand for such information
shall be immediately forwarded to the City Manager and the City Attorney.
VIII. Credit Card Payments.
A. In the event that credit card payments that are made over the Internet are
processed through a third party service provider, such third party service
provider shall certify that it has an adequate identity theft prevention
program in place that is applicable to such payments.
B. All credit card payments made over the telephone or the city's website
shall be entered directly into the customer's account information in the
computer data base.
C. Account statements and receipts for covered accounts shall include only
the last four digits of the credit or debit card or the bank account used for
payment of the covered account.
IX. Identification of Red Flags.
In order to identify relevant Red Flags, the City considers the types of accounts that it
offers and maintains, the methods it provides to open its accounts, the methods it
provides to access its accounts, and its previous experiences with Identity Theft. The
City identifies the following red flags, in each of the listed categories:
A. Red Flags for Suspicious Documents.
When opening new account, personnel need to carefully scrutinize
documents submitted for identification or proof of residency for red flags
such as:
(1) Documents provided for identification appear to be altered,
forged or unauthentic;
(2) The photograph or physical description on the identification is
not consistent with the appearance of the customer or applicant;
(3) Other information on the identification is not consistent with
information provided by the person requesting service ( such as
if a person's signature on a check appears forged); and
(4) Application that appears to have been altered or forged, or
appears to have been destroyed and reassembled; or
(5) Identification on which the information is not consistent with
readily accessible information that is on file with the financial
institution or creditor, such as a signature card or a recent check.
B. Red Flags for Suspicious Personal Identifying Information.
(1) Personal identifying information that is inconsistent with
external information sources. For example:
(a) The address does not match any address in the
consumer report.
(b) The Social Security Number (SSN) has not been
issued, or is listed on the Social Security
Administrations' Death Master File.
(c) Inconsistent birth dates.
(2) Personal identifying information provided by the customer is
not consistent with other personal identifying information
provided by the customer, such as a lack of correlation between
the SSN range and the date of birth;
(3) Personal identifying information or a phone number or address,
was shown on other applications that were found to be
fraudulent;
(4) Personal identifying information presented that is consistent
with fraudulent activity, such as an invalid phone number or
fictitious billing address;
(5) The SSN provided is the same as that submitted by other
applicants or customers;
(6) The address or telephone number provided is the same as or
similar to that of another customer or that of an unusually large
number of applicants or customers;
(7) The applicant or customer fails to provide all required personal
identifying information on an application or in response to
notification that the application is incomplete;
(8) Personal identifying information is not consistent with personal
identifying information that is on file for the customer;
(9) The applicant or customer cannot provide authenticating
information beyond that which generally would be available
from a wallet or consumer report.
C. Red Flags for Suspicious Account Activity or Unusual Use of Account.
(1) Shortly following the notice of a change of address for an
account, City receives a request for the addition of authorized
users on the account or change of account holder's name.
(2) A new revolving credit account is used in a manner commonly
associated with known patterns of fraud patterns. For example:
The customer fails to make the first payment or makes an initial
payment but no subsequent payments.
(3) An account is used in a manner that is not consistent with
established patterns or activity on the account. There is, for
example, nonpayment when there is no history of late or missed
payments.
(4) An account that has been inactive for a long period of time is used
(taking into consideration the type of account, the expected
pattern of usage and other relevant factors).
(5) Mail sent to the customer is returned repeatedly as undeliverable
although transactions continue to be conducted in connection
with the customer's account.
(6) The city is notified that the customer is not receiving
paper account statements.
(7) The city is notified of unauthorized charges or transactions in
connection with a customer's account.
(8) The city is notified by a customer, law enforcement or another
person that it has opened a fraudulent account for a person
engaged in identity theft.
D. Red Flag—Alerts from Others.
(1) Notice to the City from a customer, identifying theft victim,
law enforcement or other person that it has opened or is
maintaining a fraudulent account for a person engaged in
Identity Theft;
(2) Alerts from consumer reporting agencies, fraud detection
agencies or service providers.
X. Detecting Red Flags.
A. New Accounts — In order to detect any of the Red Flags identified above
associated with the opening of a new account, City personnel will take
the following steps to obtain and verify the identity of the person opening
the account:
(1) Require certain identifying information such as name, date of
birth, residential or business address, principal place of
business for an entity, driver's license or other identification;
this information is entered directly into the software;
(2) Verify the customer's identity, for example review a driver's
license or other identification card;
(3) Review documentation showing the existence of a business
entity;
(4) Independently contact the customer.
B. Existing Accounts—In order to detect any Red Flags identified above for
an existing account City P ersonnel will take the following steps to
monitor transactions with an account:
(1) Verify the identification of customers if they request
information(in person, via telephone, via facsimile, via email);
(2) Verify the validity of request to change billing addresses; and
(3) Verify changes in banking information given for billing and
payment purposes.
XI. Preventing and Mitigating Identity Theft.
A. Existing Accounts - In the event that any city employee responsible for
or involved in restoring an existing covered account or accepting
payment for a covered account becomes aware of red flags indicating
possible identity theft with respect to existing covered accounts, such
employee shall use his or her discretion to determine whether such red
Rag or combination of red flags suggests a threat of identity theft. If, in
his or her discretion, such employee determines that identity theft or
attempted identity theft is likely or probable, such employee shall
immediately report such red flags to the Chief Financial Officer. If, in
his or her discretion, such employee deems that identity theft is
unlikely or that reliable information is available to reconcile red
flags, the employee shall convey this information to the Chief
Financial Officer, who may in his or her discretion determine that no
further action is necessary. If the Chief Financial Officer in his or her
discretion determines that further action is necessary, a city employee shall
perform one or more of the following responses, as determined to be
appropriate by the Chief Financial Officer:
(1) Contact the customer;
(2) Change any account numbers, passwords, security codes, or other
security devices that permit access to an account;
(3) Close the account;
(4) Cease attempts to collect additional charges from the customer
and decline to sell the customer's account to a debt collector
in the event that the customer's account has been accessed
without authorization and such access has caused additional
charges to accrue;
(5) Reopen an account with a new number;
(6) Notify law enforcement, in the event that someone other than the
customer has accessed the customer's account causing additional
charges to accrue or accessing personal identifying information;
or
(7) Take other appropriate action to prevent or mitigate identity
theft.
B. New Accounts - In the event that any city employee responsible for or
involved in opening a new covered account becomes aware of red flags
indicating possible identity theft with respect an application for a new
account, such employee shall use his or her discretion to determine
whether such red flag or combination of red flags suggests a threat of
identity theft. If, in his or her discretion, such employee determines
that identity theft or attempted identity theft is likely or probable, such
employee shall immediately report such red flags to the Chief Financial
Officer. If, in his or her discretion, such employee deems that identity
theft is unlikely or that reliable information is available to reconcile red
flags, the employee shall convey this information to the Chief Financial
Officer, who may in his or her discretion determine that no further action
is necessary. If the Chief Financial Officer in his or her discretion
determines that further action is necessary, a city employee shall
perform one or more of the following responses, as determined to be
appropriate by the Chief Financial Officer:
(1) Request additional identifying information from the applicant;
(2) Deny the application for the new account;
(3) Notify law enforcement of possible identity theft; or
(4) Take other appropriate action to prevent or mitigate identity
theft.
C. Protect Customer Identifying Information — In order to further prevent
the likelihood of Identity Theft occurring with respect to City accounts,
the City will take the following steps with respect to its internal
operating procedures to protect customer identifying information:
(1) Ensure that its website is secure or provide clear notice that the
website is not secure;
(2) Ensure complete and secure destruction of paper documents and
computer files containing customer information;
(3) Ensure that office computers are password protected and that
computer screens lock after a set period of time;
(4) Keep offices clear of papers containing customer information;
(5) Ensure computer virus protection is up to date; and
(6) Require and keep only the kinds of customer information that is
necessary for utility, municipal court and emergency medical
services billing and collection purposes.
XII. Updating the Program.
A. The Chief Financial Officer along with the Staff will periodically review
and update this Program to reflect changes in risks to customers and the
soundness of the Program from Identity Theft. During the review, Staff
will consider the experiences with identity theft situations, changes in
identity theft methods of detection and prevention, and changes in the
types of accounts that the city offers or maintains, and changes in service
provider arrangements. After considering these factors, the Chief
Financial Officer and Staff will determine whether changes to the
Program, including the listing of Red Flags, are warranted. If warranted,
the Chief Financial Officer will update the Program or present the City
Council with his or her recommended changes and the City Council will
make a determination of whether to accept, modify or reject those changes
to the Program.
XIII. Program Administration.
A. The Chief Financial Officer is_responsible for oversight of the program and
for program implementation. The City Manager is responsible for reviewing
reports prepared by Staff regarding compliance with red flag
requirements and with recommending material changes to the program, as
necessary in the opinion of the City Manager to address changing identity
theft risks and to identify new or discontinued types of covered accounts.
Any recommended material changes to the program shall be submitted
to the City Council for consideration by the Council.
B. The Chief Financial Officer will report to the City Manager, at least
annually, on compliance with the red flag requirements. The report will
address material matters related to the program and evaluate issues such
as:
(1) The effectiveness of the policies and procedures of City in
addressing the risk of identity theft in connection with the
opening of covered accounts and with respect to existing
covered accounts;
(2) Service provider arrangements;
(3) Significant incidents involving identity theft and management's
response; and
(4) Recommendations for material changes to the Program.
C. The Chief Financial Officer is responsible for providing training to all
employees responsible for or involved in opening a new covered account,
restoring an existing covered account or accepting payment for a covered
account with respect to the implementation and requirements of the
Identity Theft Prevention Program. The Chief Financial Officer shall
exercise his or her discretion in determining the amount and substance of
training necessary.
XIV. Outside Service Providers.
In the event that the city engages a service provider to perform an activity in
connection with one or more covered accounts the Chief Financial Officer shall
exercise his or her discretion in reviewing such arrangements in order to
ensure, to the best of his or her ability, that the service provider's activities
are conducted in accordance with policies and procedures, agreed upon by
contract, that are designed to detect any red flags that may arise in the
performance of the service provider's activities and take appropriate steps to
prevent or mitigate identity theft.
RICH WITH OPPORTUNITY
r
T - E - X - A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS APRIL 28, 2009 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 6-9/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a request for a zone change from RCR (Residential
Conservation and Revitalization) District, GC-MD (General Commercial-Multiple
Family Dwelling) District, LI (Light Industrial) District and HI (Heavy Industrial)
District to CBD (Central Business District) and from LI (Light Industrial) District
to RCR(Residential Conservation and Revitalization) District for the property
located at, Weiss Park, 798-1060 Bonham, 500-1000 Blocks of Crockett, 500 -
1000 Blocks of Fannin, 500 - 1000 Blocks of Bowie, 1000 Block of Forsythe,
735, 755, 771 and 967-978 Wall, 702-995 College, 155, 201, 301, 309 and 323
South M. L. King Parkway, 700-900 Blocks of Holmes, 300-600 Blocks & 800-
900 Blocks of Archie, 300-600 Blocks and 800-900 Blocks of Jefferson, 500 -
600 Blocks & 800-900 Blocks of Trinity, 200-300 Blocks & 500 Block of Neches,
200-400 Blocks of Elizabeth, 300-400 Blocks of Pine, 200-300 Blocks of Tevis,
400 Block of Walnut, 100-400 Blocks of Cypress, 700-800 Blocks of Main
2. Consider approving a request to amend the Zoning Ordinance, Chapter 30,
Section 30-24 B, Permitted Use Table, CBD (Central Business District),to allow
some uses by right and some uses with a specific use permit
3. Consider approving a zone change from LI (Light Industrial) District to RM-H
(Residential Multiple Family Dwelling-Highest Density) District for property
located on the south side of Chinn Lane and east of Eastex Freeway
4. Consider amending the Zoning Ordinance, Chapter 30,to clarify that only one
single family residence shall be permitted as a primary use on a lot or parcel of
land
5. Consider approving a specific use permit to allow a clothing retail store in the
CBD (Central Business District) at 210 Willow
6. Consider approving a resolution authorizing the City Manager to execute a
contract for the 23`d Street Lift Station Rehabilitation Project
7. Consider approving a resolution authorizing the City Manager to execute a
contract for the Sanitary Sewer System Improvements 16-Inch Force Main Florida
Avenue Project
8. Consider authorizing an application for, and acceptance of,new funding for the
Southeast Texas Auto Theft Task Force
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Curtis Breaux, et al, v. City of Beaumont
GENERAL BUSINESS
9. Consider amending Section 21-75 of the Code of Ordinances related to authorized
positions in the Police Department
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Entergy Texas street lighting billing charges
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
1
April 28, 2009
Consider approving a request for a zone change from RCR(Residential Conservation and
Revitalization) District, GC-MD (General Commercial-Multiple Family Dwelling) District, LI
(Light Industrial) District and HI (Heavy Industrial) District to CBD (Central Business District)
and from LI (Light Industrial) District to RCR(Residential Conservation and Revitalization)
District for the property located at, Weiss Park, 798-1060 Bonham, 500-1000 Blocks of Crockett,
500 - 1000 Blocks of Fannin, 500 - 1000 Blocks of Bowie, 1000 Block of Forsythe, 735, 755,
771 and 967-978 Wall, 702-995 College, 155, 201, 301, 309 and 323 South M. L. King Parkway,
700-900 Blocks of Holmes, 300-600 Blocks & 800-900 Blocks of Archie, 300-600 Blocks and
800-900 Blocks of Jefferson, 500 - 600 Blocks & 800-900 Blocks of Trinity, 200-300 Blocks &
500 Block of Neches, 200-400 Blocks of Elizabeth, 300-400 Blocks of Pine, 200-300 Blocks of
Tevis, 400 Block of Walnut, 100-400 Blocks of Cypress, 700-800 Blocks of Main
RICH WITH OPPORTUNITY
r
C ► �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: April 28, 2009
REQUESTED ACTION: Council consider a request for a zone change from RCR
(Residential Conservation and Revitalization) District, GC-
MD (General Commercial-Multiple Family Dwelling)
District, LI(Light Industrial) District and HI (Heavy
Industrial) District to CBD (Central Business District) and
from LI (Light Industrial) District to RCR(Residential
Conservation and Revitalization) District for the property
located at, Weiss Park, 798-1060 Bonham, 500-1000
Blocks of Crockett, 500 - 1000 Blocks of Fannin, 500 -
1000 Blocks of Bowie, 1000 Block of Forsythe, 735, 755,
771 and 967-978 Wall, 702-995 College, 155, 201, 301,
309 and 323 South M. L. King Parkway, 700-900 Blocks of
Holmes, 300-600 Blocks & 800-900 Blocks of Archie, 300-
600 Blocks and 800-900 Blocks of Jefferson, 500 - 600
Blocks & 800-900 Blocks of Trinity, 200-300 Blocks &
500 Block of Neches, 200-400 Blocks of Elizabeth, 300-
400 Blocks of Pine, 200-300 Blocks of Tevis, 400 Block of
Walnut, 100-400 Blocks of Cypress, 700-800 Blocks of
Main.
RECOMMENDATION
The Administration recommends approval of this request.
BACKGROUND
Due to ongoing private and public investment, Downtown Beaumont is continuing its
revitalization. This revitalization comes after years of disinvestment caused by development
patterns shifting toward the suburbs. As existing buildings like the Kyle Building, Century
Tower and Crockett Street have been restored, new buildings like Cathedral Square have been
constructed. As the City continues to reinvest in Downtown, the need to protect current and
future investments has increased. One important way to help protect current investments and to
attract new interest is to provide enhanced control of land use.
More than $100 million in private and public money has been invested in Downtown Beaumont
over the past 15 years. Also, the City is in the process of building its new Downtown Event
Center and Park. In order to protect these investments and provide a level of security of
investment for future developers, enhanced land use controls are needed.
Currently, large parts of Downtown Beaumont are zoned for heavy and light industrial uses.
These zoning categories permit such uses as mobile home dealerships, paper and steel mills and
chemical plants, some without any requirement for approval by the Planning Commission and
City Council. While these uses are certainly needed in our community, locating them in our
revitalizing downtown may not be for the best. Also, while some of these uses are currently in
our downtown, their location on the periphery and their limited numbers make them somewhat
compatible to current levels of redevelopment. However, limiting future uses to the core of
downtown and closer to the new park, allows for future redevelopment that would be better
suited to a revitalized Downtown Beaumont.
To this end, Planning staff recommends expanding the CBD zoning as illustrated on the attached
map. In addition, there is one lot in Block 11, Beaumont Addition, that is owned by the Catholic
Diocese of Beaumont. The entire block is the site of a new chancery being built by the church.
Lot 5 is zoned LI while the rest of the lot is zoned RCR.
At a Joint Public Hearing held April 20, 2009, the Planning Commission recommended approval
7:2 of a zone change from RCR(Residential Conservation and Revitalization) District, GC-MD
(General Commercial-Multiple Family Dwelling) District, LI(Light Industrial) District and HI
(Heavy Industrial) District to CBD (Central Business District) and from LI (Light Industrial)
District to RCR(Residential Conservation and Revitalization) District for the property located at,
Weiss Park, 798-1060 Bonham, 500-1000 Blocks of Crockett, 500 - 1000 Blocks of Fannin, 500
- 1000 Blocks of Bowie, 1000 Block of Forsythe, 735, 755, 771 and 967-978 Wall, 702-995
College, 155, 201, 301, 309 and 323 South M. L. King Parkway, 700-900 Blocks of Holmes,
300-600 Blocks & 800-900 Blocks of Archie, 300-600 Blocks and 800-900 Blocks of Jefferson,
500 - 600 Blocks & 800-900 Blocks of Trinity, 200-300 Blocks & 500 Block of Neches, 200-400
Blocks of Elizabeth, 300-400 Blocks of Pine, 200-300 Blocks of Tevis, 400 Block of Walnut,
100-400 Blocks of Cypress, 700-800 Blocks of Main.
BUDGETARY IMPACT
None.
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/ • a
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY FROM RCR (RESIDENTIAL CONSERVATION
AND REVITALIZATION) DISTRICT, GC-MD (GENERAL
COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT,
LI (LIGHT INDUSTRIAL) DISTRICT AND HI (HEAVY
INDUSTRIAL) DISTRICT TO CBD (CENTRAL BUSINESS
DISTRICT) AND FROM LI (LIGHT INDUSTRIAL) DISTRICT
TO RCR (RESIDENTIAL CONSERVATION AND
REVITALIZATION) DISTRICT FOR THE PROPERTY
LOCATED AT WEISS PARK, 798-1060 BONHAM, 500- 1000
BLOCKS OF CROCKETT, 500- 1000 BLOCKS OF FANNIN,
500 - 1000 BLOCKS OF BOWIE, 1000 BLOCK OF
FORSYTHE, 735, 755, 771 AND 967-978 WALL, 702 - 995
COLLEGE, 155, 201, 301, 309 AND 323 SOUTH M. L. KING
PARKWAY, 700-900 BLOCKS OF HOLMES, 300 - 600
BLOCKS & 800-900 BLOCKS OF ARCHIE, 300 - 600
BLOCKS AND 800-900 BLOCKS OF JEFFERSON, 500-600
BLOCKS & 800 - 900 BLOCKS OF TRINITY, 200 - 300
BLOCKS & 500 BLOCK OF NECHES 200-400 BLOCKS OF
ELIZABETH, 300 - 400 BLOCKS OF PINE, 200 - 300
BLOCKS OF TEVIS, 400 BLOCK OF WALNUT, 100 - 400
BLOCKS OF CYPRESS, 700 - 800 BLOCKS OF MAIN,
BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned RCR (Residential Conservation and Revitalization)
District , GC-MD (General Commercial-Multiple Family Dwelling) District, LI (Light
Industrial) District and HI (Heavy Industrial) District to CBD (Central Business District) and
from LI (Light Industrial) District to RCR (Residential Conservation and Revitalization)
District for the property located at Weiss Park, 798-1060 Bonham, 500-1000 Blocks of
Crockett, 500 - 1000 Blocks of Fannin, 500 - 1000 Blocks of Bowie, 1000 Block of
Forsythe, 735, 755, 771 and 967-978 Wall, 702-995 College, 155, 201, 301, 309 and 323
South M. L. King Parkway, 700-900 Blocks of Holmes, 300-600 Blocks & 800-900 Blocks
of Archie, 300-600 Blocks and 800-900 Blocks of Jefferson, 500 - 600 Blocks & 800-900
Blocks of Trinity, 200-300 Blocks & 500 Block of Neches, 200-400 Blocks of Elizabeth,
300-400 Blocks of Pine, 200-300 Blocks of Tevis, 400 Block of Walnut, 100-400 Blocks of
Cypress, 700-800 Blocks of Main, said property more specifically described below and
shown on Exhibit "A" attached hereto:
RCR, GC-MD, LI AND HI TO CBD - Being Lots 5-12, Block 22, Calder
Addition; Tracts 43, 45, 45A, 46-49 and Part of Tract 47, Plat E; Lots 554-
558, Block 4; Lots 564-568, Block 5; Lots 574-578,Block 6; Lots 580-586,
Block 7; Blocks 19-21; Blocks 26-27; Blocks 30, 59, 64; Lots 499-508, Block
65; Blocks 67-68, Beaumont Addition; Block 4; Lots 1-7, Block 9; Blocks 12-
13; Lots 7-12, Block 14; Lots 7-12, Block 15; Lots 7-10, Block 16; Blocks 19-
27; Blocks 29-32; Block 6813• Tracts B & C Van Wormer Addition; Blocks 1-
9, McMillan Addition and Plat B, Tract 24, City of Beaumont, Jefferson
County,Texas, containing 99.22 acres, more or less.
LI TO RCR - Being Lot 5, Block 11, Beaumont Addition, City of Beaumont,
Jefferson County, Texas, containing 0.14 acres, more or less.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
Section 3.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April,
2009.
- Mayor Becky Ames -
2
April 28, 2009
Consider approving a request to amend the Zoning Ordinance, Chapter 30, Section 30-24 B,
Permitted Use Table, CBD (Central Business District), to allow some uses by right and some
uses with a specific use permit
RICH WITH OPPORTUNITY
I'Lm Al 11 1�1 U1 11*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: April 28, 2009
REQUESTED ACTION: Council consider a request to amend the Zoning Ordinance,
Chapter 30, Section 30-24 B, Permitted Use Table, CBD
(Central Business District), to allow some uses by right and
some uses with a specific use permit.
RECOMMENDATION
The Administration recommends approval of this request.
BACKGROUND
During the rezoning of property west of the current Central Business District to CBD (Central
Business District), property owners within the rezoning area expressed concerns about how the
use of their property might be affected.
Currently, large parts of Downtown Beaumont are zoned for heavy and light industrial uses.
These zoning categories permit such uses as mobile home dealerships, paper and steel mills and
chemical plants, some without any requirement for approval by the Planning Commission and
City Council. While these uses are certainly needed in our community, locating them in our
revitalizing downtown may not be for the best. Also, while some of these uses are currently in
our downtown, their location on the periphery and their limited numbers make them somewhat
compatible to current levels of redevelopment. However, limiting future uses to the core of
downtown and closer to the new park, allows for future redevelopment that would be better
suited to a revitalized Downtown Beaumont.
Staff undertook a study of other cities similar in size and economic conditions to Beaumont to
see what land uses were permitted in their downtowns. While some cities' regulations are more
restrictive than others, the majority of them do allow a mix of residential, commercial and light
industrial uses. Some cities permit heavier commercial and light industrial uses only with a
specific use permit. One city, in particular, uses a form-based zoning that basically allows any
residential, office or commercial use by right and light industrial uses conditionally as long as
they are located entirely within a building.
Based upon the information collected in the study and taking into consideration the particular
characteristics of Beaumont's downtown, staff recommends the following amendments. By
adopting the proposed changes, this would bring Beaumont in line with other CBD's, in that
some uses are allowed by right, some with a specific use permit and some would be prohibited.
At a Joint Public Hearing held April 20, 2009, the Planning Commission recommended approval
8:0 to amend the Zoning Ordinance, Chapter 30, Section 30-24 B, Permitted Use Table, CBD
(Central Business District), to allow some uses by right and some uses with a specific use permit
with the following exceptions:
SIC Group 51, add Subcategories 514 and 518 and change table to reflect permitted by right (P)
in the CBD.
SIC Group 50, add Subcategory 5074 and change table to reflect permitted by right (P) in the
CBD.
SIC Group 42, add Subcategory 4225 and change table to reflect permitted by right (P) in the
CBD.
SIC Group 44, change table to reflect allowable in the CBD with a specific use permit (S).
SIC Group 72, Subcategory 729, change table to reflect not allowable (blank) in the CBD.
SIC Group 73, Subcategory 738, change table to reflect permitted with a specific use permit (S)
instead of permitted by right (P).
Non-Classified Uses, Residential Uses, Servants/Caretaker Quarters, change table to reflect
permitted with a specific use permit (S) instead of permitted by right (P).
BUDGETARY IMPACT
None.
Proposed uses that would be permitted as of right in the CBD
Bakery Products
Candy and Other Confectionary Prod.
US Postal Service
Travel Agencies
Food Stores
APPAREL AND ACCESSORY STORES
HOME FURNISHINGS, FURNITURE,
AND EQUIPMENT STORES
Eating Places Inc. Carry Out Caterers
Drug Stores and Propriety Stores
Used Merchandise Stores
Sporting Goods and Bicycle Shops
Book Stores General
Stationery Stores
Jewelry Stores
Hobby, Toy and Game Shops
Camera and Photography Supply Stores
Gift, Novefty and Souvenir Stores
Luggage and Leather Goods Stores
Sevin , Needlework and Piece Goods Stores
Nonstore Retailers
DEPOSITORY INSTITUTIONS
NONDEPOSITORY INSTITUTIONS
SECURITY AND COMMODITY BROKERS,
DEALERS, EXCHANGERS & SERVICES
INSURANCE CARRIERS
SERVICE
REAL ESTATE EXCEPT AS NOTED
Holding and Other Investment Offices
Bed and Breakfast Facilities
Garment Pressing and Agents for
Laundries and Dry Cleaning
Photographic Studios
Linen Supply
Beauty Shops
Barber Shops
Shoe Repair Shops, Shoe Shine Parlors
Advertising Agencies
Radio, Television and Publishers'
Advertising Representatives
Advertising, Not Elsewhere Classified
Consumer Credit Reporting Agencies,
Mercantile Reporting Agencies and
Adjustment and Collection Agencies
Mailing, Reproduction, Commercial Art&
Medical Equipment Rental and Leasing
Employment Agencies
Computer and Data Processing Services and
Other Computer Related Services
Electrical Repair Shops
Watch, Clock, and Jewelry Repair
Motion Picture Prod. and Allied Services
Motion Picture Dist. and Allied Services
Video Tape Rental
Dance Studios, Schools and Halls
Theatrical Producers, Bands, Orchestras
and Entertainers
BoMing Centers
Commercial Sports
Physical Fitness Facilities
Coin-Operated Amusement Devices
Membership Sports and Rec. Clubs
Offices and Clinics of Drs. of Medicine
Offices and Clinics of Dentists
Offices and Clinics of Drs. of Osteopathy
Offices and Clinics of Other Health
Practitioners Inc. Massage Therapist
Nursing and Personal Care Facilities
Hospitals
Medical and Dental Laboratories
Home Health Care Facilities
Miscellaneous Health and Allied Services
Not Elsewhere Classified
LEGAL SERVICES
Elementary Schools
Secondary Schools
Colleges, Universities, Professional
Schools and Junior Colleges
Libraries
Vocational Schools
Schools and Educational Services,
Not Elsewhere Classified
MUSEUMS, ART GALLERIES AND
BOTANICAL&ZOOLOGICAL GARDENS
MEMBERSHIP ORGANIZATIONS as noted
Business Association
Professional Membership Organizations
Labor Unions and Similar Labor Organ.
Civic, Social and Fraternal Associations
Political Organizations
Religious Organizations
Membership Organizations, Not
Elsewhere Classified
ENGINEERING,ACCOUNTING
RESEARCH COMMERCIAL AND NOW
OMMERCIAL MANAGEMENT AND
RELATED SERVICES (except as noted
Research, Development and Testing
Services (except as noted
Testing Laboratories
GOVERNMENT USES Public-Admin.
Federal, State and Local Government
Excluding Districts and Authorities
Districts and Authorities
Accessory Building, Structure or Use
Swimming Pool
(514) Wholesale Trade-Nondurable Goods-Groceries and related products
(518)Wholesale Trade-Nondurable Goods-Beer, Wine and Distilled Alcoholic Beverages
(5074) Hardware and Plubming Heating and Equipment Supplies--
(4225) Public Warehousing and Storage—General Warehousing
SEC 30-24 B PERMITTED USE TABLE REV 3/09
ZONING DISTRICT Parking Special
- PERMITTED PRIMARY USES Group Cond.
SIC
A-R IR-S RM-M !RM-- RCR RCR H NC I NSC GC-MD j -- + {-
-_-F ~D-2 CBD,�-'..LI HI PUD GROUP
} -- -- r 4--
P ! r r 01 AGRICULTURAL PRODUCTION-CROPS 40--'T-
- ---- ---- (except as noted)
JP LSpecialties 8
P S P!P P S S PPS o,a Horticultural
(including retail sales)
P P Q2 AGRICULTURAL PROD.LIYESTflCK 15
I
- -- -
i
-- >- -
P -_ --- P P PIS 07 AGRICULTURAL SERVICES - ?
- -- -
-r- c+
F P_ ' _ S P~P 'P S J�P P P- ----___ except as noted) - �-- -
- -- -
- _ S 074 veterinary Services 14 17
P +S!S S-- S
t -�s-iP P PJS 0752 Kennels -14 17
S
P -
P S S P 'PP�-S 076 Farm Labor and Management - 14
- - ---- - - - - - -- --}--------- - -—--—Services - ---
- -.- L. ---- (except as noted) -- --
P
S Is PAP S S P P P S 078 Landscape/Horticultural Services - 1 4
- - - --
- --- --
- — (except as noted)
_ P PIS 10782 Lawn and Garden Services
P - - � S S P ------ - --- ---- -- - 4 _
—_ __------ �+ 4P P S 0783 Tree Services 7 -
P t 08 FORESTRY C
P �09 FISHING,HUNTING AND TRAPPING -
10 METAL MINING 7
i
-- -
T -
- !- - -- `- P 13 OIL AND GAS'EXTRACTION 7 --
-
.S " 114 MINING AND QUARRYING OF NOW 7
METALLIC MINERALS,,EXCEPT FUELS
!
S �S P
P'� }- -
r — P S 1S BUILDING CONSTRUCTION-GENERAL 7 23
CONTRACTORS
S S S P '',P P S 16 HEAVY CONSTRUCTION OTHER THAN 7 t 23
BUILDING CONSTRUCTION
- ,
S ;S - _S P P'PIS 17 CONSTRUCTION-SPECIAL TRADE 7 23
CONTRACTORS
SEC 30-24 B PERMITTED USE TABLE REV 3/09
ZONING DISTRICT Parking Special
T PERMITTED PRIMARY USES Group Cond.
SIC
A R- R S RM-M RM-H RCR RCR H 1 NC NSC I GC-MD GC-MD-1 CBD_ C-M iL[ HI PUD GROUP -
[SJP 20 FOOD AND KINDRED PRODUCTS 7 18
(except as noted)
12013 Sausage and Other Prepared Meat Products
-- ----- -- - S repa
P P -- 7 18-
S__�PIP 1202 Dairy Products
7 18--
S P P 203 Canned and Preserved Fruits and Vegetables 7 1-8
S �PTP—', 2045 Prepared Flour Mixes and Doughs 7 18
�- - -_- P P P P 1205 Bakery Products 7 18
- - 1 2064-67 Candy and Other Confectionary Prod_ 7 1 8
- S �S P P �P P --- - -
-- - - --- -
S P I P '2085 Distilled and Blended Liquers 7 18
_
--TS LS- -_ S .P PIP }2086 Bottled and Canned Soft Drinks and _7 18
Carbonated Waters
S P P 2087 Flavoring Extracts and Syrups,Not 7 18
Elsewhere Classified
S PIP 209 Misc.Food Prep.and Kindred Products 7 18
i
S pip .21 TOBACCO PRODUCTS' .- �— -- -- -
7 18
S .PIP ,22 TEXTILE MILL PRODUCTS 7 18
i
S P PP: 23 APPAREL&OTHER FINISHED PROD. 7 18
MACIE FROM FABRICS&SIM ILAR MAT.
- _-- � '�24 LUMBER AND WOOD PRODUCT S,
f EXCEPt FURNITURE(ex.as opted) -
- -
S P P 1243 Millwork,Veneer,Plywood and 7 18
Structural Wood Members
S P P - - -+ 7
'244 Wood Containers 18
S P P' 12499 Wood Products,Not Elsewhere Classified 7 18
- t - +- --
I
S P!P X25 FURNITURE AND FIXTURES 7 18
i
--- -- --
y_ i i26 PAPER AND ALLIED PRODUCTS 7 18
P (except as noted)
- P 265 Paperboard Containers and Boxes 7 1 8
P
1 J -r 267 Converted Pa paperboard 7 18
- - -- ----- =-- - ---- --- Paper and P P
SEC-30-2-4 B PERMITTED USE TABLE REV 3/09
ZONING DISTRICT - -` 1 Parking i Special
PERMITTED PRIMARY USES Group Cond.
- - - - -� �_ , SIC -
A-R RS RM-M RM- RCR RCRH NC NSC 'GC-MD GCMD-2 !CBD C-M LI HI PUD GROUP
Products,except containers and boxes
i 1
I
T - S S S P IP P� --127 PRINTING,PUBLISHING AND ALLIED 7
INDUSTRIES
128 CHEMICALS AND ALLIED PRODUCTS j -7 -
�7
(except as noted)
S P P 283 Drugs 7
2892 Explosives 7
S P '129 PETROLEUM REFINING&RELATED � 7
.� ---_------+-------_----..-.-...—...-- �-— t�I---
-------_-- -�- ---F----
INDUSTRY(£ oA NOTED)
S S P 295 TemP ora rY Bathin g P an -_-_7
---1
-F- ---
S P _.30 RUBBER AND MISCELLANEOUS t 7 18
PLASTIC PRODUCTS
- - - - ----
- S P P 31 LEATHER AND LEATHER PRODUCTS 7 18
- - - - ------ --- (except as noted)
- T g g 7 18
—- S P 311 Leather Tannin and Finishing
S 'PIP ;3Z STONE,CLAY,GLASS&CONCRETE 7 18
-- -- PRODUCTS(except as noted)
- _ S 324 Cement,Hydraulic 7 18
S PP
T - 327 Concrete,Gypsum and Plastic Products 7 18
(excpptarynoted) g
--- - T-
---- 7 18
S _ S P 3273Tem ora Batchin Plant �
-
329 Abrasive,Asbestos,and Miscellaneous - -7 _- 18
Non-Metallic Mineral Mineral Products
I
S P 33 PRIMARY METAL INDUSTRIES'
- - - - ----- — ± j -? ---
- - �s P P 34 FABRICATED METAL PRODUCTS, 7 18
EXCEPT MACHINERY&TRANSPORTATION
-I
EQUIPMENT(except as noted)
IS P� 3441 Fabricated Structural Steel 7 18
it
-- _(Boiler Shops) -
S P 3443 Fabricated Plate Work s) 7
S P _1346 Metal Forgings and Stampings
SEC 30-24 B PERMITTED USE TABLE REV 3/09
-T
ZONING DISTRICT Parking Special
--- - --- -- - - -
- -- —
+ PERMITTED PRIMARY USES Group Cond.
sic
A-R..R S ARM-M RM-H RCR RCR H NC S ----M + D
—-- _l -_ - PUD (GROUP
'CBD�C-M LI I,HI i
NSC GC-MD GC-MD 2 i
SIP 348 Ordinance and Accessories except 7 18
-- - ---- y -- — t -
Vehicles and Guided Missiles
1S I P 1349 Miscellaneous Fabricated Metal Prod. 7 18
--
_ _ t 135 INDUSTRIAL AND COMM.MACHINERY
-- AND COMPUTER EQUIPMENT(as noted) 18
- -_-- P 351 Engines and Turbines 7 18
- - a -- - -
S P 3523 Farm Machinery and Equipment - - 7 18
S I P 4 P 3524 Garden Tractors and Lawn and Garden 7 18
- - - -- — -- - -]------ --- ---
- - - Equipment
- i S P 353 Construction,Mining and Materials 7
Handling Machinery and Equipment
. T --
._----- - (354 Metalworking Machinery and Equipment 7
S P P 1355 Special Industrial Machinery except Metal- 7 18
working Machines
S P 356 Gen.Industrial Machinery and Equipment 7 18
S S P P 357 Computer and Office Equipment 7 18
S j P P 358 Refrigeration&Service Industry Machinery 7 18
—I S P P 6359 Miscellaneous Industrial and Commercial 7 18
— Machinery and Equipment
S SP LP IMP 38 ELECTRONIC AND OTHER ELECTRICAL 7
-
EQUIPMENT
S? '37 TRANSPORTATION EQUIPMENT d 7 18
_ (except as noted)
- S P P P S 13732 Boat Building and Repair
S S S P P P 38 MEASURING,ANALYZING,AND - 7
CONTROLLING INSTRUMENTS-,PHOTO-
- - -- GRAPHIC;MED.AND OPTICAL GOODS;
WATCHES AND CLOCKS
S _INDUSTRIES
39 EOUSMANUFACTURING --- -_-
_� --
SEC 30-24 B PERMITTED USE TABLE REV 3/09
ZONING DISTRICT Parking Special ~i
- -
r PERMITTED PRIMARY USES Group Cond.
A-R R S _RM M RM- RCR r NC'NSC GC-MD GC-MD-2 CBD C-M LI HI 'SIC
-- � RCR-H ---- ------..
H� PUD ',GROUP
-
-I-T,
;
- --
- P P P J 40 RAILROAD TRANSPORTATION 7
S S - S -P:P I S '41 LOCAL,SUBURBAN TRANSIT AND +-7
- -- r- - -
INTERURBAN HIGHWAY PASSENGER
TRANSPORTATION(except as noted)
- P S S P 'P P S 4119 Local Passenger Transportation,Not 7
- y -- - -� Elsewhere Classified
i
S S
PIS 42 MOTOR FREIGHT TRANSPORTATION 20 20
- - - --
- P P i
AND WAREHOUSING
P 4225 General Warehousing and Storage
— P P P S 4S U S,POSTAL SERVICE' 7
i
S S P PIS as WATER TRANSPORTATION 7 18
S Al TRANSPORTATION BY AIR 7
- — (except as noted)
S Heliport and helistops 4 16
r - ----- - - stop - - - ---.
S S S S SASS
P S P ip S pip P P_ S P P P --
�I SS 46 PIPELINES,EXCEPT NATURAL GAS
- - ----- - - S S S P p p _ -
- -T I S 47 TRANSPORTATION SERVICES 7 -
(except as noted)
- ---- S S S S P S— - �PP--P P -- ---- --
S 4724 TRAVEL AGENCIES 14
S S P P S S—P PIP;S Y4ts COMMUNICATIONS -7
- ! -
- -- S S S P P P S 49 ELECTRIC,GAS AND SANITARY 7
SERVICE(except as noted)
P P P P P S P PIP P 4971 Irrigation Systems
- -- __ --- S is -_ S P P P S i 50 WHOLESALE TRADE-DURABLE GOODS H
(except as noted)
S is P S_ 5015 Motor Vehicle Parts,Used 8
P 15074 Plumbing and Heating Equipment and SPIs.
S :sip $ 5093 Scrap and Waste Materials 8
S S S P P!P S 151 WHOLESALE TRADE-NONDURABLE GOODS
0
SEC 30-24 B PERMITTED USE TABLE REV 3/09
ZONING DISTRICT Parking Special
PERMITTED PRIMARY USES -� Group Cond.
SIC
A-R R-S RM-M RM-HI RCR RCR H NC NSC GC-MD 2.^GC-MD CBD +C PUD
,M LI HI -'GROUP
1
(except as noted)
P c S+ + 514 Groceries and Related Products
- c+ ' 8 1!
P S 575 Farm Product-Raw Materials
- -- - ,. -
-
— —
-- - - - - S-�]P S 5169 Chemicals and Allied Products,Not
----�-- -- _ Elsewhere Classified 8
P 518 Beer,Wine and Distilled Alcoholic Beverages
- - P P -P S S P P P S 52 BUILDING MATERIALS,HARDWARE 8 13
- GARDEN SUPPLY AND MOBILE HOME
DEALERS(except as noted)
S $ S S P l P P'S 527 Mobile Home Dealers 8
�S P P P S S I P I P P S 53 GENERAL MERCHANDISE STORES 13 I 13
S PIP _1 P S P P P P S s4 FOOD sroRs 12 13
;55 AUTO. DEALERS AND GASOLINE 13
-- -- -- 1
SERVICE STATIONS(as noted) -
I
--
PP S S P P li P $ 551 Motor Vehicle Dealers(New&Used) 24
S P S S P P P S 552 Motor Vehicle Dealers(Used Only) 23-
S PIP P S S P P P S 553 Auto&Home Supply Stores 13
S S PTP 5- J �I' P PIS 554 Gasoline Service Stations
- -- 38
11,P S fS �P TP P S 556 Recreational P &Utility Trailer Dealers 24
L P P —'S �J �P -�P PIS 557 Motorcycle Dealers
- - ,I-- jP
S - !S- P --—
� _- S P Pis 559 Auto Dealers,Not Elsewhere Classified 23
- S P'P P S — P P P P S �s EL AND ACCESSORY STORES 3 13
-��I
S P P �P j S P P PPS 57 HOME FURNISHINGS,FURNITURE, 14 13
AND EQUIPMENT STORES
58 EATING&DRINKING PLACES(as noted) 2
S S !SP P is P �P PIP S ,5812 Eating Places(Inc.Carry Out Caterers) 26(9) 11
S S is -- S�'I P JP P S 5813 Drinking Places 26
S S S._A 2082 Brewpubs 26
_ ---- - - -- — ---- - -- ---
S c $ 2084 Wineries 26
158 MISCELLANEOUS RETAIL(as noted) 13
SEC 30-24 B PERMITTED USE TABLE REV 3/09
ZONING DISTRICT Parking Special
PERMITTED PRIMARY USES Group Cond.
_ SIC
A-R__ R S 1 RM_M RM-R RCR RCR H C NSC I GC-MD GC-MD-2
S 1P;P P S P L 1 P P S 591 Drug Stores and Propriety Stores - 13
-
- — --
�S j P P S S P PPS 592 Liquor stores 13
--- -- -----
S 4P P P S P P PPS 593 used Merchandise stores 14 21
S
-- - - — — P P-j P S -T P IP P P S 5941 Sporting Goods and a—nd-B..icycle Shops 3
-
S PIP P S P P PPS 5942 Book stores(General) 13
PIP 5942 Book Stores(Adult) 13 2 --',
— (including gifts and novelties)
- - - - - - -LP - -_.
S P P P S- P ,P'',S '5943 Stationery Stores 13
S P P P S P P �P PIS 15944 Jewelry stores 13
S I P P P S P P P I P i S 5945 Hobby,Toy and Game Shops 13
S - PP P _S - - IP IP P P S 5946 Camera and Photography Supply Stores 13 - -
S P'P P S - P P PIP S 5947 Gift,Novelty and Souvenir Stores 13
S i PIP P - S P P PIP S 5948 Luggage and Leather Goods Stores 13 a
S PIP P S P P PPS 5949 Sewing,Needlework and Piece Goods Stores 13
S P1P P S P P P
_ - --
P S 596 Nonstore Retailers 7
S P P S j598 Feel Dealers 15
I S S P P P_
P P S S P P PIS 1599 Retail Stores,Not Elsewhere Classified 13
PIS 60 DEPOSITO INSTITUTIONS -
14
RY
S P P P S P P !PPS 61 NONDEPOSITORY INSTITUTIONS 14
ti
- ------S _S PIP I P S P P L P PIS 62 SECURITY AND COMMODITY BROKERS,', 14
- 1 -- DEALERS,EXCHANGERS&SERVICES
_ S S S PIP lP S P IP 'P P - -� -
S 63 INSURANCE CARRIERS ! 14
i
S S S P 1P p
P P S P P S !64 INSURANCE AGENTS,BROKERS AND 14
- - ! SERVICE
P P P S P P P P
S 65 REAL ESTATE(EXCEPT AS NOTED) 14
-- - S S 6553 Cemetery Subdivision and Developers 41
S S S S $ __S S S S S S S S I --
-_ - - --- - - -- (subject to state statutes)
P P S P P P P
S S S P S 67 HOLDING&'OTHERINVEST.OFFICES 14
----.-- ---- -- -+-- - -- - T- - -- —
i70 HOTELS,ROOMING HOUSES,CAMPS
SEC 30-24 B PERMITTED USE TABLE REV 3/09
ZONING DISTRICT Parking Special
- --- I ~- _--
_PERMITTED PRIMARY USES ' Group Cond.
SIC
- - -
-- }--
R-S RM M RM- RCR RCR-H N - ��PUD GROUP ~,
A-R I H� - HSC�MD GC-MD-2 CBD�M_._LI H�
&OTHER LODGING PLACES(as>noted)
'
- !S P S S_rp 701 Hotels,Motels and Tourist Camps -1
-TT-LS S - - S _-701 Bed and Breakfast Facilities
-_
S S S _ S ;S S - ! - -- __ -�--42 —22 -
S S S - -—T S S - S S 702 Rooming and Boarding Houses 1
S S I SS'I S IS S S r S I S,S 703 Camps and Recreational Vehicle Parks 5
S S S Tom- P �S S S 704 Organization Hotels and Lodging Houses on 1
i--- ---- - Membership Basis
72 PERSONAL SERVICES(as noted)
7211 Power Laundries,Family and Commercial 7
S P`P 1P S P P P P�$ 7212 Garment Pressing and Agents for -- 7
Laundries and Dry Cleaning
S P P P S P P PPS 7213 Linen Supply 7
S S P P P S S P P P S 7215 Coin-Operated Laundries and 39
- - - — --—
' Dry-cleaning
S
Pt P P - S S P PPS 7216 Dry Cleaning Plants
pp
P S-- - S P A P PIS 7217 Carpet and upholstery Cleaning 7
- S - — -
+P P S IS P TP S 72118 Industrial Launderers 7
S PP P S S P PIP'S 72,9 Laundry and Garment Services, 7
- - - - - ---� T-- -- -- - 4-
Not Elsewhere Classified
S S PIP IP S P P P I P S 722 Photographic Studios,Portrait 14
S S PIP_ IP S P P P a
PS 723 Beauty shops 11
is s 11
P P P S P P 'PIP P __724 Barber shops -- - �-
S P P P S P P PIP S 725 Shoe Repair Shops,Shoe Shine Parlors 13
and Hat Cleaning Shops
S S S S S _S P P PS 726 Funeral Services and Crematories
P �P PPS -------- - 25
S P P S
— --
S 729 Misc.Personal Services(except as noted) 14
- - - - -- -+ P- P P -- Massage Parlors 13 2
PAP P Adult Modeling or Photo Studio 13 2
73 BUSINESS SERVICES(as noted)
S P P PPS 731, Advertising Agencies 14
S S S P P P
-- - -
S S S is S P PP S 7312 Outdoor Advertising Services 14
S S S i,P P P S P- P P P S 7313 Radio,Television and Publishers' 7
Advertising Representatives
S S P P P S P IP IPIP S 7319 Advertising,Not Elsewhere Classified 14
S S S P P P S PAP -1 P P S !732 Consumer Credit Reporting Agencies, 14
SEC 30-24 B PERMITTED USE TABLE REV 3/09
ZONING DI STRICT
Parking i Special
PERMITTED PRIMARY USES Group Cond.
PUD GROUP
A-R R-S RM-M RM-H RCR RCR H NC NSC j GC-MD�GC-MD-2 CBD 'C-M LI 'H i,I
T Mercantile Reporting Agencies and
T4- Adjustment and Collection Agencies
P P s�PP P P P S 733 Mailing,Reproduction,Commercial Art& 14
� I
-- -_—_ _
-- Photography,and Stenographic Services
S S isip P S - IS P P P S 734 Services to Dwellings and Other Bwldings
S S S P P P S +-735 Miscellaneous Equipment Rental and 7 13
-.- -
------ —' ---- -- --- ' -- I Leasing
-- (as noted)
S S P
P P S - P P IRS 17352 Medical Equipment Rental and leasing 7 13
S S P P P I S 17353 Heavy Const.Equipment Rental and 7 13
Leasing
_S S tiS P I I P i P S 7359 Equipment Rental and Leasing,Not 7 13
Elsewhere Classified
736 Personnel Supply Services(as noted)
S S _S S P P S P P P P S i 7361 Employment Agencies 14
S —_--- S P �I S S F —! S 73s3 Help supply Services 14
-- - — --
S S S P P S P P P Pis 737 Computer and Data Processing Services and 14
T Other Computer Related Services
S S S P P S S P i PIP 1S 738 Miscellaneous Business Services 14 13
- - - -
(except as noted) — -
S S S I S P P S S P P P I,S 7389 Business Services,Not Elsewhere 7/14
� I '
Classified(of a general office character)
75 AUTOMOTIVE REPAIR,SERVICES AND -
"' PARKING(as noted)
- S — S S P S is P P PIS 751 Automobile Rental and Leasing 24
_. --- -- — --- --- - T--
S S S P S - S P PPS 752 Automobile Parking -- -0 25
- -- P - -
S S S P S i S �P P j P S 7532 Top and Interior Repair Shops 19 9
S S PIP S 7532 Paint and Body Repair Shops 19 9
�P P
S P P P S 7533 Automotive Exhaust System Repair Shops 19 9
_ - --- - —fi -.. - -
-; ---- ---- gS 19 --
S S S P P P S 7534 Tire Retreading Shops -
P �P_S S i P P P S 17534 Tire Repair Shops 19
&P P S is P P I P S 7536 Automotive Glass Replacement Shops 19 9
sip I P S P P I P S 7537 Automotive Transmission Repair Shops 19 9
is SP P S $ P PIIP S 7538 General Automotive Repair Shops 19 9
S S P P S S P IP P S 7539 Automotive Repair Shop,Not 19 9
Elsewhere Classified
S S P P S S 'P i P P S 754 Automotive Services,Except Repair 9 1 15
SEC 30-24 B PERMITTED USE TABLE REV 3/09
ZONING DISTRICT Parking Special
- — --PERMITTED PRIMARY PRIMARY USES Group Cond.
- -- --
A-R__ R S _RM M RM-R RCR RCR-11 NC�NSC UGC-MD.GC-MD 2 CBD C M L[ IHI SIC
— t -
+ - _
76 MISCELLANEOUS REPAIR SERVICES
- - - -- P P P 'P ---- (as nosed) �-----�T-13 _-
- -
S P - P S 762 Electrical Repair Shops
c+ c�
S S P f P J �P _
_P �P P S 763 Watch,Clock,and Jewelry Repair 13
- --- -� - - �- ry -- - — 4 -- -
S S IS P P S S �P PPS 764 Reupholste and Furniture Repair
_ S S S P PIPS 7692 Welding Repair
S S P P IP!S 7694 Armature Rewinding Shop 7
S P P 1 P P i P S 7699 Repair Shops and Related Services 7
Not Elsewhere Classified
X78 MOTION PICTURES(as noted) 2
S S P P S P P PIP S 781 Motion Picture Prod.and Allied Services 7
S is P P S P P PIP S 782 Motion Picture Dist.and Allied Services 7
S SIP P is S P iPliP 5 7832 Motion Picture Theater's,(exc.Drive-In) _ 25
P I P P 7832 Adult Motion Picture Theaters 25 2
P is is P IP_P S 7833 Drive-in Motion Picture Theater's 6
S P P P IS I P P P P S 7841 Video Tape Rental 14 2
79 AMUSEMENT AND REC.SERVICES 2
- ----!T EXCEPT MOTION PICTURES(a9 noted)
S S r- - S I S 1791 Dance Studios,Schools and Halls 14
P P S ',P P IP P
S S P P is IP P !P P S 1792 Theatrical Producers,Bands,Orchestras 14
-- ---- -y--- and Entertainers
P S T P P P S 793 Bowling Centers 32
S S P P P P S 11794 Commercial Sports 25
--
S P!,P P s P P F"'P S 17991 Physical Fitness Facilities 14
P P P P P PP P P P !PIP P 7992 Public Golf Courses 33
S S P P S P P P',P S 117993 Coin-Operated Amusement Devices 12
--'S P P I --- S P !PIP Amusement Parks__
_ _S 'P S 41
�_ P P P 7997 Membership Sports and Rec.Clubs -- -- _1 c3
— 'P P 7999 Amusement and Recreation Services, 26
S S S S S '�P P 'P S P P iP
S - S-.S S- S - S-P-�P -�S S—�— - -- - Y
Not Elsewhere Classified
_ X80 HEALTH SERVICES(as noted) i
S S S PP P S P P P P S 801 Offices and Clinics of Drs.of Medicine 14
S S S P P P P P i P i P S 1802 Offices and Clinics of Dentists 14
SEC 30-24 B PERMITTED USE TABLE REV 3/09
ZONING DISTRICT Parking Special
PERMITTED PRIMARY USES Group 1- Cond.
SIC
A-R- :R-S III RM-H RCR—RCR H NC NSCG:C-MDMD 2 CBD C-M LI tHl PUD GROUP
-- - ------- - _----._ i
S STS P P :P S P- P PIPS 1803 Offices and Clinics of Drs.of Osteopathy 14
-
S S S PP P S P P P P S 1804 Offices and Clinics of other Health 14
_ Practitioners Inc. Massage Therapist
S S P P P S P P P P $ 11805 Nursing and Personal Care Facilities 28
S S S S- S -'P -is --P- P P!S 1806 Hospitals --28
S S _ — P i P P S P P P PIS 807 Medical and Dental Laboratories 7
---
S- S S P P ,P S P P P I P S 808 Home Health Care Facilities 14
S
S S S S S S P P P S P P i P P S 809 Miscellaneous Health and Allied Services 18
Not Elsewhere Classified
S S S P P P S P P PPS 191 LEGAL SERVICES X14 T
82 EDUCATIONAL SERVICES(as noted)
- --
T— S 821 Elementary Schools
S S S IS S S S IS S S P S 'S S _
_ - -- - - ----- - - -- S — - 30/31 -
---
S S S S S S S S S S P S S 821 Secondary Schools
S P P S P P P PI'S 822 Colleges,Universities,Professional 30/31
Schools and Junior Colleges
P S S P P P P P P S P P P P,P X823 Libraries _—_ _ ---_ _-- -__-8 -
_ ___
S P P P is P P -�P pip 82a vocational Schools 30/31
S P P P !IS P P ]P P'S !829 Schools and Educational Services 30/31
Not Elsewhere Classified
_ --- - - ----- -- --F -- ----
- -
S S S r P P P 'S S P I P P S 183 SOCIAL SERVICES(except as noted) 41
P P S P S S S 8361 Residential Care(except as noted) 41 19
S S S S S S S Halfway Homes for Delinquents 41 19
and Offenders
---- - -- _ - ------ --. .. ----
S -----------
-- -
-_ -- PIS I�MUSEUMS,ART GALLERIES AND 18
S _S S P P P S P P P
BOTANICAL&ZOOLOGICAL GARDENS
86 MEMBERSHIP ORGANIZATIONS(as noted)
--
S S is - P S P iP P P
S 1861 Business Association 14
-- s P P S P P P P'S 862 Professional Membership Organizations 14
S is IP P S P JP P P 15863 Labor Unions and Similar Labor Organ. 14
S S P P S 1 P i P i P P S 864 Civic,Social and Fraternal Associations 14
-
P P
P PS 865 Political Organizations 14
S S S P P S
—
S is S S S S &P P S P- P S1S1S 866 Religious Organizations 18
SEC-3-0724B PERMITTED USE TABLE REV 3/09
ZONING DISTRICT Parking Special
PERMITTED PRIMARY USES Group Cond.
�_ SIC
A-R..-_R-S RM-M RM- .RCR_ RCR H NC i __ _... �— i
-_FNSC 'GC-MD GC MD-2 I CBD C-M LI HI 'PUD iGROUP
c+ P
S S S P S P S S
P �— � 1 S -,869 Membership Organizations,Not 14
Elsewhere Classified
r � _S_-.S S P IP S iP I P P ENGINEERIN
P
�S 87 G,ACCOUNTING
1 14
I i
RESEARCH(COMMERCIAL AND NON-
OMMERCIAL),MANAGEMENT AND
1 RELATED SERVICES (e xcept as noted)
S S I s P S P P P P S 873 Research,Development and Testing �'i 7
--- ' --- ----Services (except as noted)- — - -
I
is S P P P PIS 8734 Testing Laboratories 14
S S S P P P S is P P Pis B9 SERVICES NOT ELSEWHERE CLASSIFIED 14
I
99.97 GOVERNMENT USES(Public-Admin.)
Federal,State and Local Government 1 4
'P 'P P P P P PP P P P P P P'� F _ -
S .S S S S S S - Excluding Districts and Authorities '
�- -
P IP S P P P:P S Districts and Authorities 14
S IS S S is I S S S S S S S IS S S 199. NONCLASSIF[ABLE ESTABLISHMENTS j 41
-- --- (except as noted)
S- - - -- --. - -- -- 41
--- S S J I S S �7 S 9991 Jails,Correctional Facilities,Detention -
-, Centers,Prisons and Prison Camps,
Privately Owned and Operated
�-- NON-CLASSIFIED USES
P P P RESIDENTIAL
P �- - RESiDENTUU uses �_--
- —
�P S P Single-Family Dwellings 27
— _ — ----
- --- — S S Two-Family Dwellings --- 3 27
S P P P i S IS - S S Multi-Family Dwellings 2
- -- - fi -- - --- --- --- -'
P P P P P S S P cluster Housing - 3 1
--__ -- , -
S S S 5 S Mobile Home Park 4 4
S S is S S Mobile Home Subdivision 4 4
P P P P P P I - Model Dwelling Unit 3
P P P P P P is P Family Home(see definition) 41
SEC 30-24 B PERMITTED USE TABLE REV 3/09
ZONING DISTRICT - T —'i- Parking Special
- T— 77 --
-.
- � PERMITTED PRIMARY USES Group—Cond.
-- SIC
A-R R S RM-M RM-H RCR RCR H NC I NSC GC-MD GC-MD-2 CBD C-M LI HI PUD GROUP
RESIDENTIAL USES
P P P P Accessory Building,structure or use
-- 7/14
P P P P P P
µS Garage Apartment 1 5
P P P P P -P --� + - —�P Home Occupation --�-4 -----
- -- —
S S S S S S- - P S -- S I P µServants or caretakers Quarters 1 6
P P P P P P µ4P P - S -- _P ,Private Recreational Facility - 8
P P P P �P P P P P P swimming Pool 3
P P P P !,P i P - P P S P solar collectors
P P P P P P P P S P Temporary Portable Storage Containers 25
+-- PUBLIC UTILITIES ---- —,II
P P P is i P P Pip Cable Television,Transmission Line
P P P µP- P P P P P S P PP P Electrical Transmission Line
-- - P µP -p S �P P P P Fiber Optic Cable Communications Line
- - -. _
P P P P P P P S S _S S P PI,PIS Electrical Generating Plant 41
- -- - _ -!- -- i - - — -
T —
S S S S 'S S S 's S S S P PP P'S Electrical Substation
41
P P P P P P pp P I P S- P �P P'i P Local utility service Line 41
S S S µS Si Radio,Television,Microwave and Cellular 41 24
iTelephone Transmission Towers
S S S- S S S SS S S S S !P I P i S Railroad Tracks and Switching Yards
P P P P P P P j P - S µP P P'P Sewage Pumping Station 41
P
P i p P P P i P P P �P S i P P P i P 'sewage Treatment Facilities 41
P P P P P P P P P S P P!P P Telephone Exchange,Switching Relay or 41
-- r� -
-- - - -
. .S S S P P PIS (Transmitting Station
- --- —
- Utility Service or Storage Yard or Buildings 41
P i!P P P P P P'P i P P S PIP P Water Standpipe or Elevated Supply,Water- 41
_- r Reservoir Well or Pumping Station
P P P P P P P P P P S P PIP�S Water Treatment Plant X41
�� �I Utility Business ' 14
S P P P P S S P P S U s O
P�---- --— --- -- _ ---- --
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30,
SUBSECTION 30-24(b), PERMITTED USE TABLE, SIC
GROUPS 42, 44, 50, 51, 72, 73 AND NON-CLASSIFIED
USES, TO ALLOW SOME USES BY RIGHT AND SOME BY
SPECIFIC USE PERMIT IN THE CBD(CENTRAL BUSINESS
DISTRICT); PROVIDING FOR REPEAL AND PROVIDING A
PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 30, Article II, Section 30-24(b), SIC Groups 42,44, 50, 51, 72, 73 and Non-
Classified Uses- Residential Uses, of the Code of Ordinances of the City of Beaumont be
and the same is hereby amended to allow some uses by right and some uses with a
specific use permit in the CBD (Central Business District) as follows:
ZONING DISTRICT Parking Special
PERMITTED PRIMARY USES Group Cond.
SIC
A-R R•S RM-M RM-1 RCR RCR-H NC NSC GC-MD GC-MD-2 CBD C-M LI M PUD GROUP
::•%r::�::.�;:.�:;:€j%:'`3,•: ::::':2';y^;y.�r,•:,•{r�:;}r•.;n:.jy:•Y'��.'•::r^�::
S S S P P P S
A:}'V}•:�/.v.r1/fij+'}r.. 4r..::.}^i•.'G}/�• h��^:'�:G¢:i4�hfa4Y•:r•�•n
P 4225 General Warehousing and Storage
ZONING DISTRICT Parking Spedal
PERMITTED PRIMARY USES Group Cond.
SIC
A-R R S RM-M RM- RCR RCR-H NC NSC GC-MD GC-MD-2 CBD CM Li HI PUD GROUP
S S PPS I `�i : :: �F : n>::}� r>; 7 18
ZONING DISTRICT Parking Spedal
PERMITTED PRIMARY USES Grou Cond.
SIC
A-R R-S RM M RMA RCR RCR-H NC NSC GGMD GC-MD-2 CBD C M LI M PUD I GROUP
S S S P PPS :? .: �`.:::.:.h... 8
(except as noted)
S SI PI S so'15 Motor Vehicle Parts,used 8
P 5074 Plumbing and Heating Equipment a
S S P S
5093 Scrap and Waste Materials 8
ZONING DISTRICT Parldog Special
PERMITTED PRIMARY USES Group Cond.
SIC
A-11 R-S RM-M RM-E RCR RCR-H NC NSC GC-MD GC-MD-2 CBD C-M LI HI PUD GROUP
S S S P PPS > zfsi~ at > :; 8
(except as noted)
P 514 Groceries and Related Products
S S P S 515 Farm Product-Raw Materials 8
IT S S P S 5169 Chemicals and Allied Products, Not
Elsewhere Classified 8
P 518 Beer,Wine and Distilled Alcoholic Be/erages
ZONING DISTRICT Paridng Special
PERMITTED PRIMARY USES Group Cond.
SIC
A-R R-S RM-M RMA RCR RCR-H NC NSC GC-MD GC-MD-2 CBD C-M LI HI PUD GROUP
{::.t.;x;?,3,•.:.....J�:;•��:x•:{:ti�;5;:.'•:•1:,;: ��i.3gif jr'�•`.`•.::':;:`•;iii'•;::?y'Y:::cEf r:.';:
::���•,':;.:r'.:.: :�Yi�r:'.�e���::tr��=FiG1f'w;f:;i••'•:;:;
S PP P S S P PPS 7211 Power Laundries,Family and Comr 7
S PIP P S P P P PI S 7212 Garment Pressing and Agents for 7
Laundries and Dry Cleaning
S PP P S P P PPS 7213 Linen Supply 7
S S P P P S S P PPS 7215 Coin-Operated Laundries and 39
Dry-Cleaning
S I P P P S S P PPS 7216 Dry Cleaning Plants 7
S I P P P S S P P P S 7217 Carpet and Upholstery Cleaning 7
S I P P P S S P P PS 7218 Industrial Launderers 7
S P P P S S P PI P S 7219 Laundry and Garment Services, 7
Not Elsewhere Classified
S S P P P S P P PI P1 S 722 Photographic Studios, Portrait 14
S S P P P S P I P PI PI S 723 Beauty Shops 11
S S P P P S P P PPP 724 Barber Shops 1 1
S P P P S P P PPS 725 Shoe Repair Shops, Shoe Shine Parlo 13
and Hat Cleaning Shops
S SS S S S P P P S 726 Funeral Services and Crematories 25
S I P P P S P PPS 1729 Misc. Personal Services(except as no 14
P P P Massage Parlors 13 2
P P P Adult Modeling or Photo Studio 13 2
ZONING DISTRICT Parking Special
PERMITTED PRIMARY USES Group Cond.
sic
A-R R-S RM-M RM-E RCR RCR-H NC NSC GC-MD GC-MD-2 CBD GM Li HI MM GROUP
S S S P P P S P P P'P S 7311 Advertising Agencies 14
S S S S SIP PPS 7312 Outdoor Advertising Services 14
S S S P P P S P P PPS 7313 Radio,Television and Publishers' 7
Advertising Representatives
S S P P P S P P PPS _7319 Advertising,Not Elsewhere Classifiec 14
S S S P P P S P P PPS 732 Consumer Credit Reporting Agencies 14
Mercantile Reporting Agencies and
Adjustment and Collection Agencies
S S S P P I P S P P PPS 733 Mailing,Reproduction,Commerclal'A 14
Photography,and Stenographic Sery ces
S S S P P S S P PPS 7341 Services to Dwellings and Other Buildi 7
S S S P P PIS 735 Miscellaneous Equipment Rental and 7 13
Leasing(as noted)
S S PIP IP IS P P P P S 7352 Medical Equipment Rental and Leash 7 13
S S S P P P S 7353 Heavy Cont.Equipment Rental and 7 13
Leasing
S S S I P PPS 17359 Equipment Rental and Leasing,Not. 7 13
Elsewhere Classified
736 Personnel Supply Services(as noted)
S S S SP P S P P PPS 7361 Employment Agencies 14
S S P P S S P PPS 7363 Help Supply Services 14
S S S P P S P P PPS 737 Computer and Data Processing Servic 14
Other Computer Related Services
S S SI P P S S P PPS 738 Miscellaneous Business Services 14 13
(except as noted)
S S S S1 P I P is S P PPS 7389 Business Services,Not Elsewhere 7/14
Classified(of a general office charac r)
and
ZONING DISTRICT 'Patidng special
PERMTTTED PRIMARY USES Group Cond.
sic
A-R R.S RM-M RM RCR RCA-H NC NSC GC-MD GC-MD•2 CBD C-M LI M pUD GROUP
P P IP P P P S I P Single-Family Dwellings 3 27
S S IP P P S S is Two-Family Dwellings 3 27
P P S S P S S S I Multi-Family Dwellings 2
P P P P P S S I P I Cluster Housing 3 1
S S S S S Mobile Home Park 4 4
ZONING DISTRICT
PERMITTED PRIMARY USES
sic
A-R R-S RM-M RM-H RCR RCR-H NC NSC GC-MD GC-MD-2 CBD C-M Li HI PUD GROUP
S -S S S S Mobile Home Subdivision
P P P IP IP P I I I Model Dwelling Unit
P P P P P P S P Family Home(see definition)
:::,4,:i::iYY'i.':i:'il::i'i ii: �`L�i{N ii i:4_�ii';C;ii}Sr:LC :k��f•?'Iv:iv 'v:ti%'i'>vii'vi
P P P IP P P I I P P P P Accessory Building, Structure or Use
S P P I P S S Garage Apartment
P P P P P P P Home Occupation
S S S S S S P S S P Servants or Caretakers Quarters
P P P P P P P P S P Private Recreational Facility
P P P P P P P P P P Swimming Pool
P P P P P P P P S P solar Collectors
P P P P P P I I P P S P Temporary Portable Storage Containers
Section 2.
That if any section, subsection, sentence, clause of-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 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the Ci of Beaumont this the 28th da of April,
Y
2009.
- Mayor Becky Ames -
3
April 28, 2009
Consider approving a zone change from LI(Light Industrial) District to RM-H (Residential
Multiple Family Dwelling-Highest Density) District for property located on the south side of
Chinn Lane and east of Eastex Freeway
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: Chris Boone, Community Development Director
MEETING DATE: April 28, 2009
REQUESTED ACTION: Council consider a zone change from LI (Light Industrial)
District to RM-H (Residential Multiple Family Dwelling-
Highest Density) District for property located on the south
side of Chinn Lane and east of Eastex Freeway.
RECOMMENDATION
The Administration recommends approval of this request.
BACKGROUND
The NRPGroup, Inc. has applied for a zone change.
The applicant states that the purpose of the zone change is to allow for the construction of a 252
unit apartment complex on the subject 15.53 acres. The three story garden style apartments will
be developed at a density of 17 units per acre. The development will be gated and include a pool
and clubhouse.
Under the current zoning classification, a wide variety of commercial and industrial uses could
be developed on the property which could negatively affect the residential properties to the south.
The Comprehensive Plan designates the property north of Chinn Lane as "Light Industrial". RM-
H zoning allows residential uses by right and some office uses with a specific use permit. The
permitted uses in RM-H are much more compatible with the neighboring single family uses and
the proposed apartments would act as a buffer between future industrial uses and single family.
Chinn Lane is classified as a Major Collector street. It has a 37' pavement width and was
developed to handle the amount of traffic that is generated by an apartment complex.
At a Joint Public Hearing held April 20, 2009,the Planning Commission recommended approval
8:0 of a zone change from LI (Light Industrial)District to RM-H (Residential Multiple Family
Dwelling-Highest Density) District for property located on the south side of Chinn Lane and east
of Eastex Freeway.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED LI (LIGHT INDUSTRIAL)
DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY
DWELLING - HIGHEST DENSITY) DISTRICT FOR
PROPERTY LOCATED AT ON THE SOUTH SIDE OF CHINN
LANE AND EAST OF EASTEX FREEWAY, BEAUMONT,
JEFFERSON COUNTY, TEXAS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned LI (Light Industrial) District to RM-H (Residential
Multiple Family Dwelling - Highest Density) District for property located on the south side
of Chinn Lane and east of Eastex Freeway, as described in Exhibit "A" and shown on
Exhibit "B," and the official zoning map of the City of Beaumont is hereby amended to
reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April,
2009.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
That certain 15.53 acre tract out of the W. B. Dyches Survey,Abstract 17, Jefferson County,
Texas, out of a called 131.467 acre tract conveyed to Howard Grant Nichols Family Limited
Partnership as recorded in Clerks File No. 2000016829 of the Official Public Records of
Real Property of Jefferson County, Texas and a called 1.08 acre tract (Tract 1) and a called
0.611 acre tract (Tract 2) conveyed to H. G.Nichols, Sr. as recorded in Volume 1928,Page
372 of the Deed Records of Jefferson County, Texas, and including a portion of those
easements (Parcel One and Two) granted to the City of Beaumont as recorded in Volume
1270, Page 528 of the Deed Records of Jefferson County, Texas, said 15.53 acres being
more particularly described by metes and bounds as follows:
Note: The Basis of Bearings is a southeast line of the said 131.467 acre tract and a north line
of Suburban Acres Unit Two, a plat recorded in Volume 7,Page 193 of the Map Records of
Jefferson County, Texas having been called South 47°33'03" West.
BEGINNING at a 1/2" iron rod found at the intersection of a north line of said Suburban
Acres Unit Two and a southeast line of the said 131.467 acre tract with the southerly right-
of-way line of Chinn Lane for the northeast corner of the said 15.53 acre tract;
THENCE South 35°33'26" West along the said north line of Suburban Acres Unit Two,the
said southeast line of the 131.467 acre tract and an east line of the said 15.53 acre tract a
distance of 268.71 feet called South 35'37'24" West to a /z iron rod found for an angle
( )
point;
THENCE South 47°33'03" West continuing along a portion of the said north line of
Suburban Acres Unit Two, the said southeast line of the 131.467 acre tract and an east line
of the said 15.53 acre tract a distance of 219.12 feet(called South 47°33'03" West)to a
point for the northeast corner of a called 5.574 acre tract conveyed to Robert L. Corbello as
recorded in Clerks File No. 2007001675 of the Official Public Records of Jefferson County,
Texas and the southeast corner of the said 15.53 acre tract;
THENCE North 42°26'57" West along a north line of the said 5.574 acre tract and a south
line of the said 15.53 acre tract a distance of 71.29 feet(called North 42°26'57" West 71.29
feet) to a point for corner;
THENCE South 78°45'09" West continuing along a north line of the said 5.574 acre tract
and a south line of the said 15.53 acre tract a distance of 807.57 feet to a 5/8" iron rod found
in the east right-of-way line of U.S. Highway 69, 96 and 287 for the northwest corner of the
said 5.574 acre tract and the southwest corner of the said 15.53 acre tract;
THENCE North 11°14'51" West along the said east right-of-way line of U.S.Highway
69,96 and 287 and the west line of the said 15.53 acre tract a distance of 470.46 feet(called
North 11'15'52" West) to a point for the most westerly northwest corner of the said 1.5.53
acre tract;
EXHIBIT "A"
LEGAL DESCRIPTION continued
THENCE North 78°46'42" East along an interior line of the said 15.53 acre tract a distance
of 29825 feet to a point for an interior corner of the said 15.53 acre tract;
THENCE North 11°14'51" West along an interior line of the said 15.53 acre tract a distance
of 298.25 feet to a point in the said southerly right-of-way line of Chinn Lane for the most
northerly northwest corner of the said 15.53 acre tract;
THENCE North 78°4642" East along the said southerly right-of-way line of Chinn Lane
and the north line of the said 15.53 acre tract a distance of 49.24 feet(called North
78°39'00" East)to a %2" iron rod found for the PC of a curve;
THENCE along the said southerly right-of-way line of Chinn Lane and the said north line of
the 15.53 acre tract with a curve to the.right having a chord bearing of South 77°57'44"
East, a chord distance of 694.08 feet and a radius of 873.54 feet, a distance along the curve
of 713.77 feet to a '/2" iron rod found for an angle point;
THENCE South 54°32'28" East continuing along the said southerly right-of-way line of
Chinn Lane and the said north line of the 15.53 acre tract a distance of 354.07 feet(called
South 54°28'30" East 354.07 feet)to the POINT OF BEGINNING and containing 15.53
acres of land, more or less.
t
it 1 4-Z: Request for a zone change from LI (Light Industrial)District to RM-H
(Residential Multiple Family Dwelling-Highest Density)District.
Location: South side of Chinn Lane and east of Easteg Freeway
Applicant: Brad Knolle for The NW Group
0 50 100 200 300 400 Feet
Legend
LI 1984Z
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4
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EXHIBIT "B"
Jan '30 09 09:22a 409-860-3254 p.2
RADIUS IARC
I l*3
5"4 W,55 • 77'37'44" E
_171 4.1.)0
170
11 'D
RON R'O
2"
mai Rol)
rc,
IRON R D,
V .3 1 2 COMMENCING
84.1�5
'C,Nj L=C ', 3s-4I I' E
15.53 ACRES POINT
rOUNO 1;2'
ROD'
1RO1. 001) HCNARC CRAN7 F.14,11Y Lit,, TEE: PART`JF. RSE Iip
..0
CLMS I'll C NO. 2C00016,52-1, 0 P.R.R.P...C.
11
2 ACPES (&ILLIC, 131.•67
A,
h'/ Uj
VOL. 1923, PC. 372, D.R.J.C. w' -1
(C-U_ C13 AND D.6111i ACRE 7R CIS)14 !�,ASEMENTS (�:RAN "ED TO CITY Cr EAU MON I co,
.c14 I- ro, 4-\
VOL. I170, :�G. 528. OUU.� cr.
-CITY OF BEAVIVIONT
41
VOL. 1270, PG. 528. O.R.J.C�
u 3J PARCfI_ IWO
TOTAL 2 11 AC:RES 20' DRAINAGE EASEMENT A_4
0 f;F-c;p0(ZU) E7;S:_7MEN7 2.527 ACRES
KICT A(,REACr, 20.579 ACKS S 42'26'57" E 71.29-�,/ FOUND 112*
IRON ROD
(CALUD N 11'15'52" W 7.00) CITY OF BEAUMO-sIT
N 12'43'24" W 7.15 .4609 VOL. 1270. PG, 828. D,R-J.C�
tA -L OE
/-FOUND 5/8" 40' DRPAAIRNCAGE EASEMENT
11 IRON ROD
POINT OF
BEGINNING
o!
I'--FDUKI) Ct>.1CRETE V., 1, ._k,
rx-:� . / Dr.
3
ON
9 �we
35
Is>
%c)
c)
tn
V r3
-Z. I \ `\,\
0
FOUND 5/c //�_X_,ITY OF'kAl.h\A1
ON T
IRON ROL VOL, 1270, Pa. 598, 0,R.J.C.
S 72'51'52" W 154.58 FOUND 1/2', PARCEL FOUR
(CALLED S 72'45'00° IN 134.58) IRON ROD 0.125211 A.CIRE EASEMENT
S 47'17'52" W 81.111
(CALLED S 47*111'Oa_ W 01-11) N 4117*45" W 90,75
(CALLED N 41'24'35" W)
0 100 200
%n.7iiiiIiillI -1
S C A L E
0.,\rfojecIs\C3440\44CC2O6.dwq krl 30, 7009 `9:090m
SIFET NO.
Fittz&L911-ohipman
INC, PROJECT NAME: NICHOIS COMPANY
Conn idngEn&mrs and Land SurKT= CHINN LANE AND U. S. HWY fig• 96 & 287
1405 CORIIEPS70NE COURT, I)UUMDNT, TEXAS JEFFERSON COUNTY, TEXAS PROJEC7 NO.
(439) 832-77..',8 FAX (409) B32-7303 DATE:1_2E3_09 03440.0002
4
April 28, 2009
Consider amending the Zoning Ordinance, Chapter 30, to clarify that only one single family
residence shall be permitted as a primary use on a lot or parcel of land
RICH WITH OPPORTUNITY
11CM ► �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: April 28, 2009
REQUESTED ACTION: Council consider an amendment to the Zoning Ordinance,
Chapter 30, to clarify that only one single family residence
shall be permitted as a primary use on a lot or parcel of
land.
RECOMMENDATION
The Administration recommends approval of this request.
BACKGROUND
While policy has been to permit only one single family residence as a primary use on a lot or
parcel of land, the Zoning Ordinance does not specifically state that. In order to make sure that
the Zoning Ordinance is clear on this particular issue, staff recommends the following
amendment:
Sec. 30-4. Definitions
(b) Definitions: In the interpretation of this Ordinance, the following words and terms
are to be used and interpreted as defined hereinafter:
19. DWELLING, SINGLE FAMILY: A detached building having
accommodations for and occupied by not more than one (1) family. Only
one (1) single family dwelling shall permitted as a primary use on a lot or
parcel of land.
At a Joint Public Hearing held April 20, 2009, the Planning Commission recommended approval
8:0 of an amendment to the Zoning Ordinance, Chapter 30, to clarify that only one single family
residence shall be permitted as a primary use on a lot or parcel of land.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30,
SUBSECTION 30-4(b), OF THE CODE OF ORDINANCES OF
THE CITY OF BEAUMONT BYAMENDING THE DEFINITION
OF SINGLE FAMILY DWELLING; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING FOR A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT
Section 1.
THAT Chapter 30, Subsection 30-4(b), Definitions, of the Code of Ordinances of the
City of Beaumont be and it is hereby amended by modifying the definition of"Single Family
Dwelling" to read as follows:
Sec. 30-4. Definitions.
(b) Definitions: In the interpretation of this Ordinance,the following words
and terms are to be used and interpreted as defined hereinafter:
Dwelling, single family:A detached building having accommodations for and
occupied by not more than one(1)family. Only one(1)single family dwelling
shall be permitted as a primary use on a lot or parcel of land.
Section 2.
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 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 4.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April,
2009.
- Mayor Becky Ames -
5
April 28, 2009
Consider approving a specific use permit to allow a clothing retail store in the CBD (Central
Business District) at 210 Willow
RICH WITH OPPORTUNITY
17C A►11 1�1 U1 111)(
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
G-`
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: April 28, 2009
REQUESTED ACTION: Council consider a specific use permit to allow a clothing
retail store in the CBD (Central Business District) at 210
Willow.
RECOMMENDATION
The Administration recommends approval of this request.
BACKGROUND
David Heilman, representing Ace Imagewear, has applied for a specific use permit.
H& S Investments owns most of this city block and is doing business as Ace Imagewear, formally
Shepherd's Uniform and Linen Supply. The subject property is to be used for the company's retail
Safety Apparel store. The store will sell shirts,pants, coveralls, safety toed boots, etc. This 1,200
sq. ft. location was the former location of a used furniture store.
The proposed use will be a welcome addition to the retail scene in the Central Business District.
At a Joint Public Hearing held April 20, 2009, the Planning Commission recommended approval
8:0 of a specific use permit to allow a clothing retail store in the CBD (Central Business District)
at 210 Willow.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A CLOTHING RETAIL STORE IN THE
CBD (CENTRAL BUSINESS DISTRICT)AT 210 WILLOW IN
THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS,the City Council for the City of Beaumont desires to issue a specific use
permit to Ace Imageware to allow a clothing retail store in the CBD (Central Business
District) at 210 Willow, being parts of Lots 7 and 8, Block 19, Calder Addition, City of
Beaumont, Jefferson County, Texas, containing 0.21 acres, more or less, as shown on
Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a clothing retail store in the CBD (Central
Business District) at 210 Willow, being parts of Lots 7 and 8, Block 19, Calder Addition,
City of Beaumont, Jefferson County, Texas, containing 0.21 acres, more or less, is hereby
granted to Ace Imagewear, its legal representatives, successors and assigns, as shown
on Exhibit "A" attached hereto and made a part hereof for all purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumontthis the 28th day of April,
2009.
- Mayor Becky Ames -
w
MDR- : Request for a specific use permit to allow a clothing retail store in the CBD
Central Business District).
Location: 210 Willow
Applicant: Ace Imagewear
0 100 200
i Feet
Legend
o ® 1982P
0
LIBERTY AVE
LAUREL ST
ti
Fss�
EXHIBIT "A"
WILLOW STREET
t E 31'
10-
j!
102' a i
VIC
M
�1
.i
tl� sr
A.
8 it
56'
25'
Shepherd's Uniform & Linen Supply o.
75,5 Liberty Street
Beaumont, TX 77701
ORLEANS STREET
EXHIBIT "B"
6
April 28, 2009
Consider approving a resolution authorizing the City Manager to execute a contract for the 23`a
Street Lift Station Rehabilitation Project
RICH WITH OPPORTUNITY
17C A► �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director
MEETING DATE: April 28, 2009
REQUESTED ACTION: Council approval of a resolution authorizing the City
Manager to execute a contract for the 23rd Street Lift
Station Rehabilitation Project.
RECOMMENDATION
Administration recommends approval of a contract with R& B Group, Inc., Houston, Texas, in
the amount of$1,296,743.00. The 23rd Street Lift Station Rehabilitation Project will convert the
existing dry pit into a submersible wet well, demolish the existing wet well, construct new
reinforced concrete walls and slab,remove and replace the existing pumps,remove and replace
necessary piping to make the new lift station operable,install a new pre-fabricated concrete
control building with all related appurtenances, construct a new driveway and sliding chain link
gate, and furnish and install a radio communications tower.
The MBE participation will be with Cardinal Fence Co. of Beaumont, Texas, $3,995.00, Gulf
Coast Electric of Beaumont, Texas, $236,000.00, and Choctaw Pipe and Equipment, Inc. of
Houston,Texas, $146,381.00 which represents 29.80 percent of the total project.
BACKGROUND
The existing 23' Street Lift Station was severely damaged during Hurricane Ike and has been on
bypass pumping since the event. The Federal Emergency Management Agency(FEMA)has met
with City staff on numerous occasions during the design process. The project will rehabilitate
and replace structural components and install new equipment to meet demands and State and
Federal regulations. The project will alter the original design of the station in an effort to prevent
future disasters.
This Contract is recommended for approval by the City Manager and the Water Utilities Director.
BUDGETARY IMPACT
The City is seeking reimbursement from FEMA for 75% of the project cost. This project will be
added in the 2010 Capital Program for the 25%match. If FEMA does not provide funding, all of
the costs will be paid for out of the Capital Program.
BID TABULATION
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
23RD STREET LIFT STATION REHABILITATION
BUD OPENING DATE: THURSDAY,APRIL 16,2009
Item Qty Unit Description R&B Group,Inc. Allco,Ltd. Peltier Brothers Contt.Ltd SER Const.Partner,Ltd.
Unit Price Item Total Unit Price Item Total Unit Price Item Total I Unit Pricel Item Total
BASE BID ITEMS
1. 1 LS Mobilization Costs,including payment bond, performance $40,000.00 $40,000.00 $30,000.00 $30,000.00 $72,000.00 $72,000.00 $40,000.00 $40,000.00
bond, insurance, project communications, and moving
equipment to project, all in accordance with plans &
specifications; NOT TO EXCEED 3% OF TOTAL
PROJECT BID for,
2. 1 LS Furnish all labor, material and equipment to provide $100,000.00 $100,000.00 $113,345.00 $113,345.00 $73,000.00 $73,000.00 $127,000.00
$127,000.00
BYPASS PUMPING through Operation and Maintenance
of the City owned bypass pumps ;OR provide contractor
supplied electric driven pumps, hoses, electrical hookup,
power costs, controls,and all necessary appurtenances for
an operational system for the duration of the lift station
rehabilitation. Maintenance of City Pumps shall include,
but not be limited to, relocating pumps and piping as
necessary,providing additional piping as needed,refueling,
and coordinating any other maintenance required by the
manufacturer,
3. 1 LS Furnish all labor, materials and equipment to convert the $506,000.00 $506,000.00 $452,285.00 $452,285.00 $743,000.00 $743,000.00
$620,000.00 $620,000.00
existing dry-pit into a submersible wet well, including
demolishing the top slab and a portion of the walls;
demolishing and abandoning the existing wet well in place;
disassembling and removing the existing pumps, piping,
valves, steel platform and ladders, electrical and controls
and miscellaneous items; sealing/plugging all wall
penetrations;constructing new RC walls,top slab and new
header piping; construct new valve vaults (2); new
submersible pumps (4), cutting hole for proposed 48"
influent line,and all required appurtenances to make the lift
station complete and operable,all in strict accordance with
the plans ands ecifications for,
4. 1 LS Furnish all labor, materials and equipment to construct a $60,000.00 $60,000.00 $84,278.00 $84,278.00 $70,000.00 $70,000.00 $100,000.00
$100,000.00
new concrete junction box including two(2)48"RCP risers
with ring and cover, cutting and removing existing 48"
diameter sanitary sewer line inside of the junction box,
grouting the junction box invert, all in strict accordance
with the 21ans andspecifications for,
5 1 LS Fumish all labor, materials and equipment to abandon in $5,000.00 $5,000.00 $4,853.00 $4,853.00 $4.000.00 $4,000.00 $3,000.00 $3.000.00
place approximately 15ft of 48" sanitary sewer line by
plugging and filling with self leveling flowable grout,all in
strict accordance with the plans ands ecifications for.
df Rid Tabulation8id Tabulation
4/172'2009 N 19 AM Page I
BID TABULATION
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
23RD STREET LIFT STATION REHABILITATION
BID OPENING DATE: THURSDAY,APRIL 16,2009
Item Qty Unit Description R&B Group,Inc. Allco,Ltd. Peltier Brothers Const.Ltd SER Const.Partner,Ltd.
Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total
6. 1 LS Furnish all labor, materials and equipment to remove and $5,000.00 $5,000.00 $12,071.00 $12,071.00 $4,000.00 $4,000.00 $3,000.00 $3,000.00
dispose of approximately 70 linear feet of 36"spirolite pipe
( 1/2 under concrete drive, 1/2 outside of concrete),all in
strict accordance with the plans andspecifications for,
7. 1 LS Furnish all labor,materials and equipment to remove and $5,000.00 $5,000.00 $4,100.00 $4,100.00 $2,000.00 $2,000.00 $1,500.00 $1,500.00
dispose of existing 12" and 30" force main piping under
concrete, all in strict accordance with the plans and
specifications for
8. 1 EA Furnish all labor,materials and equipment to construct new $10,000.00 $10,000.00 $9,190.00 $9,190.00 $7,000.00 $7,000.00 $23,000.00 $23,000.00
72" diameter fiberglass sanitary sewer manhole, complete
in place, including connection of existing and proposed
sewer lines,backfill,standard ring and cover,stainless steel
inflow prevention devices,surface restoration,and testing,
all in strict accordance with the plans andspecifications for
9. 1 LS Furnish all labor, materials, and equipment to install $17,000.00 $17,000.00 $21,212.00 $21,212.00 $8,000.00 $8,000.00 $20,000.00 $20,000.00
approximately 45 ft of 30"diameter DI Force Main from
the east side valve vault to the proposed 72"manhole,all
depths.including embedment,backfill,compaction,surface
restoration, thrust blocking, and testing all in strict
accordance with the plans andspecifications for,
10. 1 LS Fumish all labor, materials, and equipment to install $25,000.00 $25,000.00 $32,612.00 $32,612.00 $10,000.00 $10,000.00 $36,000.00 $36,000.00
approximately 60 It of 30"diameter DI Force Main from
the west side valve vault to the existing 30"force main,all
depths,including connection to the existing 30"force main,
embedment,backfill,compaction,surface restoration,thrust
blocking,and testing all in strict accordance with the plans
andspecification s for,
11. 1 LS Furnish all labor, materials, and equipment to install $45,000.00 $45,000.00 $22,787.00 $22,787.00 $18,000.00 $18,000.00 $27,000.00 $27.000.00
approximately 30 ft of 48"diameter DI Gravity Sewer line
all depths,including connection to the existing dry-pit wall
(new wet well), embedment, backfill, compaction,surface
restoration, thrust blocking, and testing all in strict
accordance with the plans andspecifications for,
12. 1 LS Fumish all labor, material and equipment to construct an $75,000.00 $75,000.00 $84,753.00 $84,753.00 $76,000.00 $76.000.00 $10000.00
$100,000.00
14'x 20'pre-fabricated concrete control building including
excavation and backfill foundation, electrical
appurtenances. air conditioning, trim. and painting, all in
strict accordance with the plans andspecifications for,
df Bid Tabulatiou id Tabulation
4/1 v2009 10.19,vnt Page 2
BID TABULATION
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
23RD STREET LIFT STATION REHABILITATION
BID OPENING DATE: THURSDAY,APRIL 16,2009
Item Qty Unit Description R&B Group,Inc. Allen,Ltd. Peltier Brothers Const.Ltd SER Const.Partner,Ltd.
Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total
13. 1 LS Famish all labor materials and equipment to construct new $157,000.00 $157,000.00 $206,673.00 $206,673.00 $160,000.00 $1%000.00 $160,000.00
$160,000.00
electrical underground service, service equipment,manual
transfer switch, standby generator receptacle, lightning
protection system, motor control center, site and control
building lighting,wiring devices,outlet and junction boxes,
ductbanks, conduit, conductors, cable and lift station
stilling well all in strict accordance with the plans and
specifications for;
14. 1 LS Furnish all labor, material and equipment to provide $92,000.00 $92,000.00 $110,000.00 $110,000.00 $100,000.00 $100,000.00 $100,000.00
$100,000.00
System Integrator, CP-100, LE-100, LE-101, variable
frequency drives,all in strict accordance with the plans and
specifications for,
15. 1 ALLOW Bid allowance for electrical service installation charges by $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00
$30,000.00
Enter .
4528 SF Special shoring,as required for trench safety,furnished and $1.00 $4,528.00 $3.48 $15,757.44 $6.00 $27,168.00 $1.00 $4,528.00
installed,complete in place,all in strict accordance with the
Ions ands specifications for,
17. 215 LF Trench Safety system,trench protection for all excavation $1.00 $215.00 $2.60 $559.00 $12.00 $2,580.00 $1.00 $215.00
over 5 feet deep, designed, famished and installed,
complete in place,including shoring,trench boxes or other
approved means and ways,all in strict accordance with the
tans and specifications for,
18. 1 LS Furnish all labor,material and equipment for proposed site $30,000.00 $30.000.00 $27,192.00 $27,192.00 $39,000.00 $39,000.00 $30,000.00
$30,000.00
improvments including a new sliding chain link gate,
construct a new concrete driveway and sidewalk,repair of
existing driveway, install a new drainage culvert, relocate
existing water line including water faucet and backflow
preventer,surface restoration including seeding,fertilizing,
Storm Water Pollution Prevention Implementation all in
strict accordance with the plans andspecifications for,
19. 200 TON Additional Class I embedment for wet trench construction, $20.00 $4.000.00 $31.52 $6.304.00 $48.00 $9,600.00 $18.00 $3,600.00
as directed by the Engineer(but not included in other bid
items), furnished and installed, complete in place, all in
strict accordance with the plans ands specifications for.
20. 200 TON Additional Cement stabilized sand, 1-1/2 sacks of cement $30.00 $67000.00 $28.02 $5,604.00 $36.00 $7,200.00 $24.00 $4,800.00
per cubic yard sand for supplemental backfill as directed by
Engineer(but not included in other bid items), furnished
and installed, complete in place, all in strict accordance
with vlans andspecifications for.
df.Bid TabulationBid Tabulation
3/17!2009 11 28 ANI Page 3
BID TABULATION
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
23RD STREET LIFT STATION REIIABILITATION
BID OPENING DATE: THURSDAY,APRIL 16,2009
Item Qty Unit Description R&B Group,Inc. Allco,Ltd. Peltier Brothers Const Ltd SER Const Partner,Ltd.
Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total
21. 1 LS Furnish all labor, materials, and equipment to install $25,000.00 $25,000.00 $5,492.00 $5,492.00 $9,000.00 $9,000.00 $11,000.00 $11,000.00
approximately 50 ft of 12" SDR-26 PVC Gravity Sewer
line all depths, including connection to the proposed
juction box and proposed manholes,embedment,backfiIII
compaction,surface restoration,thrust blocking,and testing
all in strict accordance with the plans andspecifications for,
22. 2 EA Furnish all labor,materials and equipment to construct new $6,000.00 $12,000.00 $7,589.00 $15,178.00 $6,000.00 $12,000.00 $18,000.00
$36,000.00
48" diameter fiberglass sanitary sewer manhole, complete
in place, including connection of existing and proposed
sewer lines,backfill,standard ring and cover,stainless steel
inflow prevention devices, surface restoration,and testing,
all in strict accordance with the plans andspecifications for.
23. 1 LS Furnish all labor, materials and equipment to abandon in $1,000.00 $1,000.00 $1,915.00 $1,915.00 $3,600.00 $3,600.00 $1,000.00
$1,000M
place approximately 20ft of 12" sanitary sewer line by
plugging and filling with self leveling flowable grout,all in
strict accordance with the plans andspecifications for,
Total Base Bid Items(1-23) $1,254,743.00 $1,296,160.44 $1,487,148.00 $1,481,643.00
Additive Bid Item
1. I LS Furnish all labor, material and equipment to install the $42,000.00 $42,000.00 $29,500.00 $29,500.00 $39,000.00 $39,000.00 $38,000.00 $38,000.00
radio, radio communications antenna, antenna tower
foundation, 80 ft. tall antenna, coaxial cable, concrete-
encased conduit from control building to tower, conduit
riser at tower and all appurtenances required to make the
radio tower complete and operable,all in strict accordance
with the lans and s ecifications for
Bonding Company Information Yes Yes Yes Yes
Bid Bond Yes Yes Yes Yes
Qualification Statement/Financial Statement Yes Yes Yes Yes
Acknowledge Addendum 1,2,3,and 4 Yes Yes Yes Yes
The Bid Proposals submitted have been reviewed,and to the best of my knowledge this is an accurate tabulation of the Bids received.
Signature �. < < -, . ,�,, Date
f
df:Bid TabulanonBid Tabulation �i.;•
411U2009 1128 M9 1 c� ° ;N _° :`'.� Page 4
BID TABULATION
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
23RD STREET LIFT STATION REHABILITATION
BID OPENING DATE: THURSDAY,APRIL 16,2009
Item Qty Unit Description Brystar Coot Inc. Placo,Ltd.
Unit Price Item Total Unit Price Item Total Unit Price Item Total I Unit Price Item Total
BASE BID ITEMS
I. I LS Mobilization Costs, including payment bond,performance $45,000.00 $45,000.00 $47,634.08 $47,634.08 $0.00 $0.00
bond, insurance, project communications, and moving
equipment to project, all in accordance with plans &
specifications; NOT TO EXCEED 3% OF TOTAL
PROJECT BID for,
2. 1 LS Furnish all labor, material and equipment to provide $100,000.00 $100,000.00 $130,672.54 $130,672.54 $0.00 $0.00
BYPASS PUMPING through Operation and Maintenance
of the City owned bypass pumps ;OR provide contractor
supplied electric driven pumps, hoses, electrical hookup,
power costs,controls,and all necessary appurtenances for
an operational system for the duration of the lift station
rehabilitiation. Maintenance of City Pumps shall include,
but not be limited to, relocation pumps and piping as
needed,refueling,and coordinating any other maintenance
required by the manufacturer.
3. 1 LS Furnish all labor,materials and equipment to convert the $605,000.00 $605,000.00 $545,208.88 $545,208.88 $0.00 $0.00
existing dry-pit into a submersible wet well, including
demolishing the top slab and a portion of the walls;
demolishing and abandoning the existing wet well in place;
disassembling and removing the existing pumps, piping,
valves, steel platform and ladders, electrical and controls
and miscellaneous items; sealing/plugging all wall
penetrations:constructing new RC walls,top slab and new
header piping; construct new valve vaults (2); new
submersible pumps (4), cutting hole for proposed 48"
influent line,and all required appurtenances to make the lift
station complete and operable,all in strict accordance with
the plans and specifications for,
4. 1 LS Furnish all labor, materials and equipment to construct a $180,000.00 $180,000.00 $168,043.89 $168,043.89 $0.00 $0.00
new concrete junction box including two(2)48"RCP risers
with ring and cover, cutting and removing existing 48"
diameter sanitary sewer line inside of the junction box,
grouting the junction box invert, all in strict accordance
with the plans and specifications for
5. t LS Furnish all labor, materials and equipment to abandon in $8000.00 $8,000.00 $18,040.84 $18,040.84 $0.00 $0.00
place approximately 15ft of 48" sanitary sewer line by
plugging and filling with self leveling flowable grout,all in
strict accordance with the plans andspecifications for.
d @Bid TabulationBid Tabulation(_)
4.'17^_009 11 26 A1d Page 1
BID TABULATION
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
23RD STREET LIFT STATION REHABILITATION
BID OPENING DATE: THURSDAY,APRIL 16,2009
Item Qty Unit Description Brysta r Cont.Inc. Placo,Ltd.
Unit Price Item Total Unit Price I Item Total Unit Price Item Total Unit Price Item Total
6. 1 LS Furnish all labor,materials and equipment to remove and $12,000.00 $12,000.00 $12,398.63 $12,398.63 $0.00 $0.00
dispose of approximately 70 linear feet of 36"spirolite pipe
( 1/2 under concrete drive, 1/2 outside of concrete),all in
strict accordance with the plans andspecifications for,
7. 1 LS Furnish all labor,materials and equipment to remove and $14,000.00 $14,000.00 $193,300.85 $193,300.85 $0.00 $0.00
dispose of existing 12" and 30" force main piping under
concrete, all in strict accordance with the plans and
specifications for,
S. 1 EA Furnish all labor,materials and equipment to construct new $12,000.00 $12,000.00 $23,914.38 $23,914.38 $0.00 $0.00
72"diameter fiberglass sanitary sewer manhole,complete in
place,including connection of existing and proposed sewer
lines,backfill,standard ring and cover,stainless steel inflow
prevention devices, surface restoration, and testing, all in
strict accordance with the plans and specifications for
9. 1 LS Furnish all labor, materials, and equipment to install $25,000.00 $25,000.00 $34,048.70 $34,048.70 $0.00 $0.00
approximately 45 ft of 30"diameter DI Force Main from the
east side valve vault to the proposed 72" manhole, all
depths,including embedment,backfill,compaction,surface
restoration, thrust blocking, and testing all in strict
accordance with the plans andspecifications for
10. 1 LS Furnish all labor, materials, and equipment to install $42,000.00 $42,000.00 $49,170.72 $49,170.72 $0.00 $0.00
approximately 60 ft of 30"diameter DI Force Main from the
west side valve vault to the existing 30" force main, all
depths,including connection to the existing 30"force main,
embedment,backfill,compaction,surface restoration,thrust
blocking,and testing all in strict accordance with the plans
and specifications for,
Il. I LS Furnish all labor, materials, and equipment to install $65.000.00 $65,000.00 $38,722.81 $38,722.81 $0.00 $0.00
approximately 30 It of 48"diameter DI Gravity Sewer line
all depths,including connection to the existing dry-pit wall
(new wet well),embedment, backfill,compaction, surface
restoration,thrust blocking,testing all in strict accordance
with the plans and specifications for,
12. 1 LS Furnish all labor,material and equipment to construct an 14' $100,000.00 $100,000.00 $109.719.21 $109,719.21 $0.00 $0.00
x 20' pre-fabricated concrete control building including
excavation and backfill foundation, electrical
appurtenances, air conditioning, trim, and painting, all in
strict accordance with the plans and specifications for,
dEBid TabulationBid Tabulation(2)
4 173009 1126 AM Page 2
BID TABULATION
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
23RD STREET LIFT STATION REHABILITATION
BID OPENING DATE: THURSDAY,APRIL 16,2009
Item Qty Unit Description Brystar Coot Inc. Placo,Ltd.
Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total
13. 1 LS Furnish all labor materials and equipment to construct new $170,000.00 $170,000.00 $162,839.63 $162,839.63 $0.00 $0.00
electrical underground service, service equipment,manual
transfer switch, standby generator receptacle, lightning
protection system, motor control center, site and control
building lighting, wiridevices, outlet and junction boxes,
ductbanks,conduit,conductors,cable and lift station stilling
well all in strict accordance with the pains and
specifications for:
14. 1 LS Furnish all labor,material and equipment to provide System $95,000.00 $95,000.00 $102,532.81 $102,532.81 $0.00 $0.00
Integrator, CP-100, LE-100, LE-101, variable frequency
drives, all in strict accordance with the plans and
specifications for,
15. 1 ALLOW Bid allowance for electrical service installation charges by $30,000.00 $30,000.00 $30,000.00 $30,000.00 $0.00 $0.00
Enter
16. 4528 SF Special shoring,as required for trench safety,furnished and $1.00 $4,528.00 $5.64 $25,537.92 $0.00 $0.00
installed,complete in place,all in strict accordance with the
tans andspecifications for,
17. 215 LF Trench Safety system,trench protection for all excavation $5.00 $1,075.00 $10.26 $2,205.90 $0.00 $0.00
over 5 feet deep,designed,furnished and installed,complete
in place,including shoring,trench boxes or other approved
means and ways,all in strict accordance with the plans and
specifications for,
18. 1 LS Furnish all labor,material and equipment for proposed site $30,000.00 $30,000.00 $6,956.04 $6,956.04 $0.00 $0.00
improvments including a new sliding chain link gate,
construct a new concrete driveway and sidewalk,repair of
existing driveway, install a new drainage culvert,relocate
existing water line including water faucet and backflo
preventer,surface restoration including seeding,fertilizing,
Storm Water Pollution Prevention Implementation all in
strict accordance with the plans and specifications for,
19. 200 TON Additional Class I embedment for wet trench construction, $40.00 $8.000.00 $57.38 $11,476.00 $0.00 $0.00
as directed by the Engineer(but not included in other bid
items), furnished and installed. complete in place, all in
strict accordance with the plans ands ecifications for,
20. 200 TON Additional Cement stabilized sand, 1-1/2 sacks of cement $25.00 $5.000.00 $46.57 $9,314.00 $0.00 $0.00
per cubic yard sand for supplemental backfill as directed by
Engineer(but not included in other bid items), furnished
and installed,complete in place,all in strict accordance with
plans andspecifications for.
df.Bid TabulauonBid Tabulation(2)
4/172009 1126 AM Page 3
BID TABULATION
CITY OF BEAUMONT
JEFFERSON COUNTY,TEXAS
23RD STREET LIFT STATION REHABILITATION
BID OPENING DATE: THURSDAY,APRIL 16,2009
B star Cont.Inc. Placo,Ltd.
Item Qty Unit Description
Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total
21. 1 LS Furnish all labor, materials, and equipment to install $10,000.00 $10,000.00 $14,451.49 14451.49 $0.00 $0.00
approximately 50 ft of 12"SDR-26 PVC Gravity Sewer line
all depths,including connection to the proposed juction box
and proposed manholes,embedment,backfill,compaction,
surface restoration,thrust blocking,and testing all in strict
accordance with the plans and specifications for;
22. 2 EA Furnish all labor,materials and equipment to construct new $12,000.00 $24,000.00 $32,589.46 $65,178.92 $0.00 $0.00
48"diameter fiberglass sanitary sewer manhole,complete in
place,including connection of existing and proposed sewer
lines,backfill,standard ring and cover,stainless steel inflow
prevention devices, surface restoration, and testing, all in
strict accordance with the plans and specifications for,
23. 1 LS Furnish all labor, materials and equipment to abandon in $1,000.00 $1,000.00 $3,124.97 $3,124.97 $0.00 $0.00
place approximately 20ft of 12" sanitary sewer line by
plugging and filling with self leveling flowable grout,all in
strict accordance with the plans and specifications for,
Total Base Bid Items 1-23 $1,586,603.00 $1,804,493.211 $0.00 $0.00
ADDITIVE BID ITEM
1. I LS Furnish all labor, material and equipment to install the $32,000.00 $32,000.00 $39,303.54 $39,303.54 $0.00 $0.00
radio, radio communications antenna, antenna tower
foundation, 80 ft. tall antenna, coaxial cable, concrete-
encased conduit from control building to tower, conduit
riser at tower and all appurtenancrequired to make the radio
tower complete and operable,all in strict accordance with
the plans andspecifications for.
Bonding Company Information Yes Yes
Bid Bond Yes Yes
Qualification Statement/Financial Statement Yes Yes
Acknowledge Addedum 1,23,and 4 Yes Yes
The Bid Proposals submitted have been reviewed,and to the best of my knowledge this is an accurate tabulation of the Bids received.
lt,al M� 41zolog
Signature �3�Z, Date
1.1�FE O F rp" nq
* o ew �Y
df:Bid TabulationBid iabulafion(2) Page 4
4%17/2009 11 26 AM
CITY OF BEAUMONT
SCHEDULE OF MBE PARTICIPATION
_ ot5 C-0z00f t•�G.
NAME
CERTIFIED MBE CONTRACTOR ADDRESS TYPE OF WORK AGREED PRICE
CAttp•r+AL- Fc.�tE co. So?.a F0,r-J6-tTT RA. V�PNta N(n
Caioc.�t�4vJ ?ENE �'+•ctivpw,�lsT t+-�'Lt5 crte�w.PioeJ i1JtA't'�ER.iy.�.
�•vG. Ott
t pa
roo t1t'p. ►le.,sTCN,T?�• '�'�ot g AArgtZtt-�ATtt7t� t0,
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.
SIGNATURE --
�j2s� `D• J�ci�22R�.S o r`1
TITLE
Attachment 3
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with R & B
Group, Inc., Houston,Texas, in the amount of$1,296,743.00 forthe 23rd Street Lift Station
Rehabilitation Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April,
2009.
- Mayor Becky Ames -
7
April 28, 2009
Consider approving a resolution authorizing the City Manager to execute a contract for the
Sanitary Sewer System Improvements 16-Inch Force Main Florida Avenue Project
RICH WITH OPPORTUNITY
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director 4V
MEETING DATE: April 28, 2009
REQUESTED ACTION: Council approval of a resolution authorizing the City
Manager to execute a contract for the Sanitary Sewer
System Improvements 16-Inch Force Main Florida Avenue
Project.
RECOMMENDATION
Administration recommends approval of a contract with Allco, Ltd., Beaumont, Texas, in the
amount of$119,293.60. The Sanitary Sewer System Improvements 16-Inch Force Main Florida
Avenue Project will install approximately 1,840 linear feet of 16-inch(16") PVC C906 sanitary
sewer force main, remove and replace the existing manhole at Cardinal Drive, tie into the
existing force main, and abandon and fill with flowable grout the existing 30 linear feet of force
main.
The MBE participation will be with Chris Gobert Trucking of Beaumont, Texas for$16,812.00
which represents 14.09 percent of the total project.
BACKGROUND
The existing Florida Lift Station rehabilitation project was completed in January 2008. The
existing force main transfers the sanitary sewer from the lift station across the drainage ditch and
into the sewer line built in the 1950's. The primary goal of the project is to install the sanitary
sewer force main to a large diameter main, utilize the pumping capacity of the lift station,
provide customers with uninterrupted and adequate service and meet the Sanitary Sewer
Overflow Initiative agreement requirements with the State.
This r
Cont act is recommended for approval by the City Manager and the Water Utilities Director.
BUDGETARY IMPACT
Funds for the project are available in the Capital Program.
OF Ttt11I
2t
BID TABULATION * �• .,% lilt
SANITARY SEWER SYSTEM IMPROVEMENTS 16-INCH FORCE MAIN FLORIDA AVENUE
BID OPENING DATE:THURSDAY,April 9,2009 at 2:00 P.M. ••••�•••�•�•••••••"••••••••••"••'•�
r PATRICK DONART r
The Bid Proposals submitted have been reviewed and to the best of my f••••••••••......••••••......•,i••••
�knowledge this is an accurate tabulation of the bids received. l 0 100036 •;@,r
Patrick Donart,P.E.Water Utilities Engineer Date:4/09/2009 liit�
JERRY WALLEY •,/' WILLIAMSON
ITEM
ALLCO,LTD. CONSTRUCTION, L.P. CONSTRUCTION&
NUMBER QUANTITY DESCRIPTION BEAUMONT,TEXAS LUMBERTON,TEXAS EQUIPMENT,INC.
T.W.HARRISON JERRY,WALLEY LUMBERTON,TEXAS
RONALD WILLIAMSON
UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL
ITEM NO. 1 i Mobilization costs. $3,000.00 $3,000.00 $4,000.00 $4,000.00 $5,100.00 $5,100.00
ITEM NO.2 1,840 Furnish and install 16-inch sewer force main pipe. $51.79 $95,293.60 $66.00 $121,440.00 $71.50 $131,560.00
At station 0+00 remove and replace existing manhole with a precast
ITEMN0.3 1 $11,200.00 $11,200.00 $18,000.00 $18,000.00 $29,960.00 $29,960.00
manhole and tie proposed force main into the new manhole.
ITEM NO.4 1 At station 0+45 install a 22 1/2 degree bend. $950.00 $950.00 $1,200.00 $1,200.00 $5,232.00 $5,232.00
ITEM NO.5 1 At station 18+40 tie the proposed force main to the existing force main. $5,100.00 $5,100.00 $6,800.00 $6,800.00 $16,999.00 $16,999.00
ITEM NO.6 1 At station 18+00 fill the abandoned section of the existing 18-inch force $2,000.00 $2,000.00 $2,500.00 $2,500.00 $6,000.00 $6,000.00
main with flowable grout.
ITEM NO.7 1 Trench Safety Plan sealed by a Texas Registered Engineer. $750.00 $750.00 $1,000.00 $1,000.00 $1,750.00 $1,750.00
ITEM NO.8 1 Trench Safety System according to Specification Item Number 712. $1,000.00 $1,000.00 $2,000.00 $2,000.00 $2,200.00 $2,200.00
TOTAL BID $119,293.60 $156,940.00 $198,801.00
Page 1 of 2
BID TABULATION
SANITARY SEWER SYSTEM IMPROVEMENTS 16-INCH FORCE MAIN FLORIDA AVENUE
BID OPENING DATE:THURSDAY,April 9,2009 at 2:00 P.M.
DEEPSOUTH BRYSTAR REYTEC
ITEM CONSTRUCTION CONTRACTING,INC. CONSTRUCTION
NUMBER QUANTITY DESCRIPTION ALVIN,TEXAS BEAUMONT,TEXAS RESOURCES,INC.
JAMES WHITE,IV BRYAN PHELPS HOUSTON,TEXAS
GREGG T.REYES
UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL
ITEM NO. I 1 Mobilization costs. $3,600.00 $3,600.00 $6,000.00 $6,000.00 $7,000.00 $7,000.00
ITEM NO.2 1,840 Fumish and install 16-inch sewer force main pipe. $71.50 $131,560.00 $92.00 $169,280.00 $118.00 $217,120.00
At station 0+00 remove and replace existing manhole with a precast
ITEMN0.3 1 $30,127.00 $30,127.00 $24,500.00 $24,500.00 $13,000.00 $13,000.00
manhole and tie proposed force main into the new manhole.
ITEM NO.4 1 At station 0+45 install a 22 1/2 degree bend. $3,783.00 $3,783.00 $2,500.00 $2,500.00 $1,500.00 $1,500.00
ITEM NO.5 1 At station 18+40 tie the proposed force main to the existing force main. $21,762.00 $21,762.00 $8,500.00 $8,500.00 $9,000.00 $9,000.00
ITEM NO.6 1 At station 18+00 fill the abandoned section of the existing 18-inch force $13,429.00 $13,429.00 $1,500.00 $1,500.00 $2,000.00 $2,000.00
main with flowable grout.
ITEM NO.7 1 Trench Safety Plan sealed by a Texas Registered Engineer. $3,791.00 $3,791.00 $800.00 $800.00 $1.00 $1.00
ITEM NO.8 1 Trench Safety System according to Specification Item Number 712. $3,159.00 $3,159.00 $5,000.00 $5,000.00 $1.00 $1.00
TOTAL BID $211,211.00 $218,080.00 $249,622.00
Page 2 of 2
CITY OF BEAUMONT
SCHEDULE OF MBE PARTICIPATION
ALLOO CITY OF BEAUMONT 16"
NAME FORCE MAIN PROJECT
CERTIFIED MBE CONTRACTOR ADDRESS TYPE OF WORK AGREED PRICE
CHRIS GOBERT TRUCKING BEAUMONT TEXAS TRUCKING $16,812.00
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.
SIG14ATURE ,W, HARRISON
PRESIDENT
TITLE
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with Allco,
Ltd., Beaumont, Texas, in the amount of $119,293.60 for the Sanitary Sewer System
Improvements 16-Inch Force Main Florida Avenue Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April,
2009.
- Mayor Becky Ames -
8
April 28, 2009
Consider authorizing an application for, and acceptance of, new funding for the Southeast Texas
Auto Theft Task Force
RICH WITH OPPORTUNITY
111'EmA,111�IC11114(
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr.
MEETING DATE: April 28, 2009
REQUESTED ACTION: Council consider authorizing an application for, and acceptance of,
new funding for the Southeast Texas Auto Theft Task Force.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
The Southeast Texas Auto Theft Task Force is a multi jurisdiction agency comprised of seven
personnel from the Beaumont Police Department, and one each from Jefferson County Sheriff's
Office, Pt. Arthur Police Department and the Hardin County Sheriff's Office. Since the inception of
the Task Force, motor vehicle thefts have decreased in Beaumont by 81% from 1721 in 1992 to 317
in 2008. The Task Force currently covers Jefferson, Orange, Hardin, and Jasper Counties. The
Task Force focuses efforts in two areas: investigations, which target vehicle burglaries and vehicle
thefts, and public awareness, which uses media campaigns, training and public presentations to
promote prevention techniques and awareness.
As a result of Title 43, Part III, Chapter 57 of the Texas Administrative Code, local government
agencies may apply for one year funding for a State Grant through the Texas Automobile Burglary
and Theft Prevention Authority. The City of Beaumont has been the grantee of the Southeast Texas
Auto Theft Task Force since 1993. The Task Force is presently operating on $494,650 funded by
the Texas Automobile Theft Prevention Authority. Participating agencies are also providing
$195,587 in cash match, and $296,779 in "in-kind" match for a total project cost of$ 987,016.
BUDGETARY IMPACT
The application for FY2010 is in the amount of$1,083,107. State funds in the amount of$575,240
are being requested from the Automobile Burglary and Theft Prevention Authority. The Beaumont
Police Department will provide $139,562 on a cash match in the form of personnel benefits, fuel,
and maintenance for vehicles, while other agencies will provide an additional $ 43,598 in cash
match. An "in-kind" match of$324,707 will also be provided in the form of salaries for personnel.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby authorizes the City Manager to apply for funding in the
amount of $1,083,107 for FY 2010 operations of the Southeast Texas Auto Theft Task
Force.
BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized
to execute the necessary documents for acceptance of the funding and to receive and
disburse funds related to the operation of the Southeast Texas Auto Theft Task Force.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April,
2009.
- Mayor Becky Ames -
9
April 28, 2009
Consider amending Section 21-75 of the Code of Ordinances related to authorized positions in
the Police Department
RICH WITH OPPORTUNITY
BEAUMON*
T • E ,. x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: April 28, 2009
REQUESTED ACTION: Council consider amending Section 21-75 of the Code of
Ordinances related to authorized positions in the Police
Department.
RECOMMENDATION
Administration recommends amending Section 21-75 of the Code of Ordinances to reduce the
number of Grade III Lieutenant positions by one to 15 and increase the number of Grade I Officer
positions by one to 205.
BACKGROUND
Lieutenant Dave Sample recently retired from the Police Department resulting in a vacancy. By
deleting this position and adding an additional Grade I Officer, a new police officer would be
hired to work on the streets of Beaumont. The total number of authorized positions in the Police
Department will remain at 265.
BUDGETARY IMPACT
There would be an annual savings of approximately$30,000.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING SECTION 21-75 OF
THE CODE OF ORDINANCES TO AMEND THE NUMBER OF
GRADE I AND GRADE III POSITIONS IN THE BEAUMONT
POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY
AND PROVIDING FOR REPEAL.
Section 1.
That Chapter 21, Section 21-75, of the Code of Ordinances of the City of Beaumont
be and the same is hereby amended to read as follows:
Sec. 21-75. Grades and Classifications - Police Department.
The following grades and classifications are hereby established within
the Police Department:
Grade Classification Positions
I Officers 205
II Sergeants 41
III Lieutenants 15
IV Captains 3
Assistant Chief 1
Total 265
Section 2.
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.
i
I
Section 3.
All ordinances or parts of ordinances in conflict herewith, including conflicting
portions of the City Budget, are repealed to the extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April,
2009.
- Mayor Becky Ames -