HomeMy WebLinkAboutPACKET NOV 03 2009 RICH WITH OPPORTUNITY
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T - E - X - A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 3, 2009 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve a contract for grounds maintenance at Tyrrell Park
B) Approve a payment of fiscal year 2010 dues to the South East Texas Regional Planning
Commission
C) Approve a resolution casting the City of Beaumont's allocated number of votes (449) to
C. L. Sherman for re-election to the Jefferson County Appraisal District Board of
Directors
D) Authorize the City Manager to execute all documents necessary, specifically including a
renewal of a contract, in order for the Southeast Texas Auto Theft Task Force to have use
of a kiosk at Parkdale Mall
E) Authorize the acceptance of a water line easement to provide water services for the
Islamic Center properties located at 1270 West Cardinal Drive
A
RICH WITH OPPORTUNITY
r
T - E - x - A - S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer bLl
MEETING DATE: November 3, 2009
REQUESTED ACTION: Council consider authorizing the award of an annual contract for
grounds maintenance at Tyrrell Park.
RECOMMENDATION
The administration recommends the award of an annual contract to Perfect Cut Lawn Care, of Beaumont,
in the estimated amount of$58,425.
BACKGROUND
Grounds maintenance at Tyrrell Park includes roadsides, ditches and recreation areas with the exception
of the Henry Homberg Golf Course and the Garden Center.
Bids were requested for approximately forty-five(45) mowing cycles per year. Weekly mowing cycles
were requested for the growing season from March through November for a total of thirty-nine (39)
cycles and two week mowing cycles for the non-growing season from December through February for a
total of six (6) cycles.
Bids were requested from eleven(11) vendors with five (5)vendors responding with bids as follow:
Contractor Price per Cycle Price per Cycle Estimated
Growing Season Non-Growing Season Annual Cost
Perfect Cut Lawn Care $1,275 $1,450 $58,425
SE Texas Lawn&Maintenance $1,565 $2,215 $74,325
Garden of Gethsemane Nursery $2,260 $2,470 $102,960
Tad 3 Enterprises, Inc. $3,225 $3,935 $149,385
North Star Unlimited $3,900 $6,630 $191,8801
Award of Tyrrell Park Grounds Maintenance Contract
November 3, 2009
Page 2
BUDGETARY IMPACT
Funds are available for this expenditure in the Parks and Property Services Division's budget.
RESOLUTION NO.
WHEREAS, bids were solicited for an annual contract for grounds maintenance at
Tyrrell Park; and,
WHEREAS, Perfect Cut Lawn Care of Beaumont submitted a bid in the amount of
$1,275 per cycle growing season (39 cycles) and $1,450 per cycle non-growing season (6
cycles) for an estimated annual cost of $58,425; and
WHEREAS, City Council is of the opinion that the bid submitted by Perfect Cut
Lawn Care of Beaumont should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Perfect Cut Lawn Care of Beaumont in the amount of$1,275
per cycle growing season (39 cycles) and $1,450 per cycle non-growing season (6 cycles)
for an estimated annual cost of $58,425 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
November, 2009.
- Mayor Becky Ames -
B
r
IT
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: November 3, 2009
REQUESTED ACTION: Council consider approving a payment of fiscal year 2010
dues to the South East Texas Regional Planning Commission
(SETRPC)
RECOMMENDATION
The administration recommends approval of the payment of fiscal year 2010 dues to the South East
Texas Regional Planning Commission in the amount of$42,702.32.
BACKGROUND
The SETRPC was established in June of 1970 under enabling legislation as a voluntary association
of local governments. Its purpose is to encourage and permit local governments to join and
cooperate with one another to improve the health and safety of their citizens, to plan for future
development and transportation efforts; and to recognize the needs of agriculture, business and
industry, among other things.
The City of Beaumont supports the SETRPC and the community projects they perform. Some of the
programs these dues will fund are the Criminal Justice Program; the Area Agency on Aging(AAA)
Program; the Homeless Coalition; the Foster Grandparents Program(FGP); and the Retired Senior
Volunteer Program (RSVP).
BUDGETARY IMPACT
Funds are budgeted in the General Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the payment of fiscal year 2010 dues to the South
East Texas Regional Planning Commission (SETRPC) in the amount of $42,702.32.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
November, 2009.
- Mayor Becky Ames -
c
RICH WITH OPPORTUNITY
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T • E • X • A • S Cit y Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: November 3, 2009
REQUESTED ACTION: Consider adopting a resolution casting the City's votes
(449) for C. L. Sherman to the Board of Directors of the
Jefferson County Appraisal District.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
C. L. Sherman is a current member of the Board of the Jefferson County Appraisal District. The
terms of the current Board members expire on December 31,2009. The City of Beaumont is entitled
to cast its votes for one nominee or distribute them in any manner among the nominees. A letter
from Roland Bieber, Chief Appraiser, is attached for your review.
f
Jefferson County Appraisal District (409) 840-9944
P. O. Box 21337 4610 S. Fourth St. (409) 727-4611
�r Beaumont, Texas 77720-1337 Beaumont, Texas 77705 Fax(409) 727-5621
CHIEF APPRAISER October 19, 2009 MEMBERS OF THE BOARD
Roland R. Bieber, RPA Charles Lankford,Chairperson
Miriam K.Johnson,Secretary
Eugene Landry
Fred L.Mitchell
C.L. Sherman
Mrs. Becky Ames
Mayor
City of Beaumont
P O Box 3827
Beaumont TX 77704
Dear Mayor Ames:
In accordance with Section 6.03(f) of the Property Tax Code, I have enclosed a copy of the ballot
of the nominees for the Jefferson County Appraisal District Board of Directors for the 20010 -
201 1 teen of office.
All five positions on the Board of Directors are up for re-election. You may cast all of your votes
for one nominee or distribute them as you wish among the nominees.
Each taxing unit entitled to vote must cast its votes in the form of a resolution adopted by its
governing body and submit it to me before December 15, 2009.
Please refer to the enclosed voting allocation to determine the number of votes your entity is
entitled to in this election. The nominee receiving the majority of the votes of the conservation
and reclamation districts will receive all of the votes cast by these districts.
Sincerely,
go
lar.d R. Bieber, RPA
Chief Appraiser
pJ b
i
Enclosures - ? _
Mr. Kyle Hayes, City Manager
Y4 ,
ELECTION BALLOT
Jefferson County Appraisal District
Board of Directors, 2010 - 2011 Term of Office
The following individuals have been nominated:
Miriam Johnson
Eugene Landry
Charles Lankford
Dr. Louis Reed
C. L. Sherman
JEFFERSON COUNTY APPRAISAL DISTRICT
Voting Allocation for 2010 - 2011 Board of Directors
Based on 2008 Tax Levies
% of Total
2008 Tax Levy Tax Levy # of Votes
Drainage District #6 $15,909,537.63 3.52% 176
Drainage District #7 $13,745,403.30 3.04% 152
Navigation and Waterways Dist $4,663,687.57 1 .03% 52
Port of Beaumont $6,074,895.13 1 .35% 67
Port of Port Arthur $7,218,134.09 1 .60% 80
Port of Sabine Pass $601 ,083.44 0.13% 7
Trinity Bay Conservation Dist $28,727.76 0.01 % 0
WCID #10 $688,654.35 0.15% 8
SUBTOTAL C & R DISTRICTS: $48,930,123.27 10.84% 542
Jefferson County $75,344,563.04 16.68% 834
Beaumont ISD $108,176,339.10 23.95% 1 ,197
Hamshire-Fannett ISD $9,422,348.02 2.09% 104
Hardin Jefferson ISD $7,596,504.21 1 .68% 84
Nederland ISD $19,574,660.72 4.33% 217
Port Arthur ISD $63,181 ,497.28 13.99% 700
Port Neches-Groves ISD $41 ,655,167.25 9.22% 461
Sabine Pass ISD $8,755,945.22 1 .94% 97
City of Beaumont $40,526,079.38 8.97% 449
City of Bevil Oaks $104,480.33 0.02% 1
City of Groves $4,217,194.76 0.93% 47
City of Nederland $4,955,411 .28 1 .10% 55
City of Port Arthur $13,697,345.48 3.03% 152
City of Port Neches $5,444,181 .46 1 .21 % 60
SUBTOTALS: $402,651 ,717.53 89.16% 4,458
TOTALS: $451 ,581 ,840.80 100.00% 5,000
I
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby casts all of its votes for C. L. Sherman to the Board of
Directors of the Jefferson County Appraisal District.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
November, 2009.
- Mayor Becky Ames -
D
RICH WITH OPPORTUNITY
C r �
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Flayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of Police
MEETING DATE: November 3, 2009
REQUESTED ACTION: Consider a Resolution authorizing the City Manager to execute all
documents necessary, specifically including a renewal of a
contract, in order for the Southeast Texas Auto Theft Task Force
to have use of a kiosk at Parkdale Mall.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
Since November 2008 the Southeast Texas Auto Theft "Task Force has had a contract with
Parkdale Mall, LLC to use a kiosk in the mall. This Kiosk consists of display cases that are used
to raise public awareness about auto theft and auto burglary. Since the kiosk went on display it is
estimated that 3,800,000 people have visited the mall.
BUDGETARY IMPACT
No budgetary impact. The kiosk was provided by the mall with no fee as a public service.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a License Agreement and all other
documents necessary for the Southeast Texas Auto Theft Task Force to maintain a kiosk
at Parkdale Mall. The agreement is substantially in the form attached hereto as Exhibit"A"
and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
November, 2009.
- Mayor Becky Ames -
LICENSE AGREEMENT
RMU
Revised: 10/2/2008
Project ID# 100-451
Lease ID#: _
Deal Type: RMU
Unit: T-92
Agreement Type: R n
THIS LICENSE is made this_day of 1200 by and between Parkdale Mall LLC byCBL&
Associates Managemen_ Inc.. its managing agent, ("Licensor') and Southeast Texas Auto Theft Task
Force.a(o) Government Entity incorporated in the state of Texas having offices at 2430 W. Cardinal
Drive Suite C Beaumont TX 77705 Attn: Authorized Signatory Phone 409-673-5447• Fax:
("Licensee").
It is understood and agreed that this Agreement is,and is intended to be a License,granting the
Licensee permission to engage in certain acts upon the Licensor's premises, subject to the terms,
conditions and limitations set forth herein. Licensor does not grant Licensee any permanent interest in
Licensor's premises,land,building or other realty whatsoever,not shall any other relationship between the
parties,including,but not limited to that of landlord and tenant be implied or created by virtue of this
Agreement. The License granted by this Agreement may not be sold, assigned,transferred,mortgaged,
pledged or transferred by Licensee.
In consideration of the agreements set forth herein the parties agree:
1. License Area: Licensee's rights,duties and obligations under this Agreement shall be limited
to the specific area containing approximately 48 square feet of floor area, as identified on Exhibit A,
attached hereto and made a part hereof("License Area', in Parkdale Mall Beaumont. TX, (The
"Shopping Centel D located at 6155 Eastex Freeway,Suite 200,Beaumont,TX 77706-6797 (Payment
remittance address: Parkdale Mail,LLC, P.O.Box 74942,Cleveland,OH 44194-4942). Licensee
shall have no right to use any other area of Licensoes premises,other than common areas open to the
general public.
2. Duration: Licensee's rights under this Agreement shall commence on the earlier o£ (a)
10/1/2009 or(b)the day Licensee opens(the"Commencement Date"),and shall end on 9/30/2010(the
"Expiration Date"), unless the License referenced in this Agreement is revoked earlier by Licensor.
Licensor shall not be liable to Licensee in damages or otherwise for any delay in the Commencement
Date,regardless of cause.
1 Use: The License Area shall be occupied and used by the Licensee as approved by mall
management solely for the purpose of Static Display of public informative material regarding Auto
Theft and for no other purpose whatsoever.
4. D B A: Licensee shall occupy and use the License Area under the trade name of
Southeast Texas Auto Theft Task Force which shall not be changed without Licensor's prior written
consent.
5. Fees: Licensee shall pay Licensor,without notice,demand or setoff,at the property
office or such other location as Licensor may specify,by certified check or money order,on or before the
start date and the first day of each month,thereafter:
unit Start Date End Date Fee Total Fee
(i)Minimum Fee(s): T-92 10/1/2009 9/30/2010 $0.00 $0.00
Description Fee Frequency Start Date End Date
Additional
Fees
6. Damage Deposit: Licensee deposits herewith the sum of , due upon Licensee execution
unless otherwise noted, (Waived), as a damage deposit which shall be applied towards fees and other
charges due under this Agreement and as a surety for the performance by Licensee of the terms of this
License under which Licensee may be in default or for any sum which Licensor may expend by reason of
Licensee's default in respect of any of the terms of this License including any damages which may result to
the License Area. Within thirty(30)days after the expiration of the term of this License there shall be an
accounting with payment to Licensor or reimbursement to Licensee,as the case may be,of the aforesaid
sum. In the event this License is terminated, the damage deposit will be returned to Licensee after
deducting any sums due Licensor.
If Licensee shall fail to make any payment to Licensor when due,Licensee shall pay Licensor a
late charge of$100.00 per day for so long as the failure continues.
1
EXHIBIT"A"
7. ,
8. Relocation: Licensor reserves the right to move,relocate,adjust or substitute the License
Area,in Licensoe's sole discretion. Licensor shall make every reasonable effort to do so in such a way as
to be least disruptive to Licensee's business operations.
9. Revocation: The License granted by virtue of this Agreement may be revoked by Licensor,in
Licensor's sole discretion for any reason,including,but not limited to the Specific Grounds for Revocation
as set forth in Paragraph 13 hereof,upon not less than twenty-four(24)hours notice to Licensee. Licensee
shall not be entitled to reimbursement or compensation for any purported damages or losses sustained as
the result of any such revocation by Licensor.
Licensee is self insured.
F-ieensee
against ag elmimar,aetiBas,liens,4emands,ejiVeo6e6,aad judgments f�t Wss,damage,ot inj�to proper
hieensee,
12. Liability of Licensor: Licensor shall not be responsible or liable for,and Licensee
hereby expressly waives, all claims against Licensor for injury to persons or damage to Licensee's
property on the License Area,regardless of the cause. Licensee's property in the License Area or the
Shopping Center shall be there at Licensee's sole risk. Licensor,its agents,and employees shall not be
liable for,and Licensee waives,all claims for loss or damage to Licensee's business or damage to person
or property sustained by Licensee or any person claiming by,through or under Licensee resulting from
any accident or occurrence in,on,or about the License Area or any other part of the Shopping Center,
including, without limitation, claims for loss, theft, or damage resulting from (i) equipment or
appurtenances becoming out of repair;(ii)injury done or occasioned by wind or weather;(iii)any defect in
or failure to operate, for whatever reason,any sprinkler,heating,or air-conditioning equipment,electric
wiring or the installation thereof,gas,water,or steam pipes,stairs,porches,railings,or walks;(iv)broken
glass;(v)the backing up of any sewer pipe or downspout;(vi)the bursting,leaking,or running of any tank,
tub,washstand,water closet,waste pipe,drain,or other pipe;(vii)the escape of steam or water;(viii)water,
snow,or ice being upon or coming through the roof,skylight,trap door,stairs,doorways,windows,walks,
or any other place upon or near the Shopping Center,(ix)the falling of any fixture,plaster,tile,stucco,or
other material;(x)any act,omission,or negligence of other licensees or any other persons or occupants of
the Shopping Center or of adjoining or contiguous buildings,of owners of adjacent or contiguous property,
or the public,or by operations in the construction of any private,public,or quasi-public work;or(xi)any
other cause of any nature. To the maximum extent permitted by law,Licensee agrees to use and occupy
the License Area and to use such other portions of the Shopping Center as Licensee is herein given the
right to use,at Licensee's own risk.
13. Specific Grounds for Revocation: If,(a) Licensee fails to perform any of the terms,
conditions,or covenants of this License;or(b)in the event there shall be filed by,or against,Licensee in
any court pursuant to any statute,either of the United States or any State,a petition(i)in bankruptcy,(ii)
alleging,insolvency, (iii) reorganization, (iv) appointment of a receiver, (v) any arrangement of the
bankruptcy acts, or a similar type of proceeding; or (c) Licensee fails to pay,when due, any payment
required hereunder;or(d)Licensee abandons or vacates the License Area;or(e)in the event of any other
default by Licensee;then in any such event Licensee's rights hereunder shall cease and,Licensor may at
its option(1)have the right to immediately revoke and terminate this License,and upon demand Licensee
2
agrees to immediately surrender possession of the License Area to the Licensor; (2)make demand for
immediate payment of all current and future rent and any other monetary obligations due hereunder;(3)re-
enter the License Area and remove all persons and/or any property therefrom,by any suitable action or
proceeding at law. All rights and remedies of Licensor herein or at law and in equity are cumulative. If
Licensor,at its sole discretion,determines it is necessary to engage attorneys to enforce Licensors rights
hereunder,Licensee will reimburse Licensor for reasonable attorney's fees and court costs. With respect
to any litigation arising out of this License Agreement,Licensee hereby expressly waives the right to a trial
by jury and the right to file noncompulsory countersuit or cross claim against Licensor.
14. Obligations Upon Revocation: Upon service of the notice required by above Paragraph 9,
Licensee shall: (a)remove all of Licensee's property,including,but not limited to inventory and trade
fixtures from Licensor's premises within the time period set forth in the notice; (b) upon demand of
Licensor,pay all current and future charges due under this Agreement; (c) reimburse Licensor for all
reasonable attorney fees and court costs incurred as the result of Licensor enforcing its rights under this
Agreement. Licensor's rights and remedies under this Agreement are cumulative and Licensor's failure to
assert any claim allowed under this Agreement at any time shall not be construed as a waiver of the same.
15. Damage: This License shall be revoked automatically if any portion of the License Area
is damaged by fie or other peril,regardless of the cause. Licensee shall have no recourse against Licensor
as a result of damage due to fire or any other peril.
16. Liability: There shall be no personal liability of Licensor with respect to this License. If
a breach by Licensor occurs,Licensee shall look solely to the equity of Licensor in the Shopping Center
for the satisfaction of Licensee's remedies.
17. Provisions: Licensor is or may be a party to certain documents,as amended from time to
time, with a mortgagee or beneficiary of Licensor, department stores, mall tenants, and others. This
License is subject and subordinate to all the provisions in those documents,as amended from time to time.
18. Terms of Agreement: This License contains all the covenants, promises, agreements,
conditions, and understandings between Licensor and Licensee. There are no other, either otal or
written,between them other than those set forth in this License.
19. Obligation upon Expiration: Upon the Expiration Date of this Agreement,Licensee shall
immediately remove all of Licensee's property,including,but not limited to inventory and trade fixtures
from Licensor's premises and otherwise return the License Area to the same condition as it existed at the
Commencement Date hereof. If Licensee shall fail to do.so,Licensor shall be entitled to additional fees
equivalent to one hundred twenty-five percent(125%)of the total Minimum Fee specified in Paragraph 5
hereof,assessed in daily increments as one-thirtieth(1/30) of the total monthly amount. Licensee shall
also reimburse Licensor for any court costs and reasonable attorney fees incurred as the result of
Licensee's failure to vacate the License Area upon the Expiration Date as set forth in Paragraph 2 hereof.
20. Liability of Licensor: The term "Licensor" means only the owner or mortgagee
in possession for the time being of the building in which the License Area is located or the owner of a
leasehold interest in said building and/or the land thereunder so that in the event of sale of said building
and/or an assignment of this License by Licensor, and/or a demise of said building and/or the land,
Licensor shall be and hereby is entirely freed and relieved of all obligations of Licensor hereunder and it
shall be deemed without further agreement between the parties and such purchaser(s), assignee(s), or
lessee(s) that the purchaser, assignee, or lessee has assumed and agreed to observe and perform all
obligations of Licensor hereunder.
It is specifically understood and agreed that there shall be no personal liability of Licensor(nor
Licensor's agent,if any)in respect to any of the covenants,conditions,or provisions of this Agreement;in
the event of a breach or default by Licensor of any of its obligations hereunder,Licensee shall look solely
to the equity of the Licensor in the Shopping Center for the satisfaction of Licensee's remedies.
In addition hereto, it is specifically understood and agreed that Licensor's rights, privileges,
duties, and obligations may be administered by Licensor's designee, including, but not limited to,
Licensor's agent,and that such designee shall have the full authority of Licensor hereunder to perform all
of Licensor's functions hereunder including,but not limited to, the execution of this License and any
other related documentation.
21. Non-Waiver Provision: The failure of Licensor to insist upon performance of any of the
terms,conditions,and covenants hereof shall not be deemed to be a waiver of any rights or remedies that
Licensor may have and shall not be deemed a waiver of any subsequent breach or default in the terms,
conditions,and covenants herein contained.
22. Binding Agreement: This Agreement may not be modified in any manner other
than by a written agreement signed by Licensee and Licensor,or any successor,designee,or assignee of
Licensor. The terms,conditions and covenants set forth herein shall inure to the benefit of and be binding
upon Licensee and Licensor,or any successor,designee or assignee of Licensor.
23, Design Requirements: All costs and expenses(including permits or licenses)attributable to
the construction of the License Area by Licensee shall be borne by Licensee. Licensee shall not
commence construction of the License Area without first obtaining Licensor's approval of the location
and design,nor prior to the execution of this License. Design criteria for the construction of the License
Area are:
3
Licensee shall prepare its plans and perform all work to comply with all applicable governing statutes,
ordinances, regulations, codes, and insurance rating boards, and shall apply for all necessary permits.
Licensoe's approval of Licensee's plans shall not relieve Licensee of its obligation to complete the
development in accordance with this License,nor does it relieve Licensee from complying with laws,rules,
regulations,and requirements of local governing authorities. Certificates of occupancy and waivers of lien
from Licensee's contractor, all subcontractors and material men shall be filed with Licensor upon
completion of work.
24. Permits: If there are any licenses, authorizations, or permits required by any
governmental agency or authority for the type of activity to be carried on at or for the use of the License
Area,Licensee shall be responsible for obtaining such. No unlawful activities shall be permitted in the use
of the License Area. The consumption or sale of alcoholic beverages on or from the License Area shall
not be permitted.
25. Operating Requirements: Licensee shall observe all Operating Rules for the Shopping
Center and Licensee's occupancy therein which Licensor may promulgate from time to time,including
but not limited to:
a. Licensee shall use and occupy the License Area in a careful, safe,and
proper manner and shall keep the License Area in a clean and safe condition in
accordance with this License,local ordinances,and the directions of public officers.
L The outside areas immediately adjoining the License Area shall be kept
clear at all times by Licensee, and Licensee shall not place nor permit any
obstructions,garbage,refuse,merchandise,or displays,or racks,in such areas.
C. All loading and unloading of goods shall be done only at such times,in the
areas,and through the entrances designated for that purpose by Licensor.
d. All garbage and refuse shall be kept in the kind of container specified by
Licensor,and shall be placed and prepared for collection in the manner and at the
times and places specified by Licensor. If Licensor shall provide.or designate a
service for picking up refuse and garbage,Licensee shall use same at Licensee's
cost. Licensee shall pay the cost of removal of any of Licensee's refuse and
garbage,and maintain all common loading areas in a clean manner satisfactory to
the Licensor. Licensee shall use any trash compactor Licensor provides for the
general use of Licensee or licensees in a designated area of the Shopping Center.
Notwithstanding the foregoing provision, if Licensee qualifies as a generator of
medical waste, then Licensee shall be solely responsible for causing compliance
with all federal, state and local laws, whether existing now or established in the
future, relating in any way to the storage, containment, treatment, transfer,
transportation and disposal of medical waste(including the use of licensed medical
waste management companies),and shall hold Licensor harmless for Licensee's
noncompliance or violations thereof. For purposes hereof,"medical waste"means
any solid,semisolid or liquid waste,which is generated in the diagnosis,treatment
(e.g.,provisions of medical services)or immunization of human beings or animals,
in research pertaining thereto, or in the production or testing of biologicals.
"Generator" means any person or entity whose act or process produces medical
waste as hereinbefore defined.
e. No loudspeakers, televisions, phonographs, cd players, DVD players,
cassette players,radios,flashing lights,or other devices shall be used in a manner so
as to be heard or seen outside of the License Area. No electronic or
communication devices shall be used in the License Area or in connection
therewith which interrupt or interfere with the use and enjoyment of electronic or
communication devices of other occupants of the Shopping Center or of the
neighborhood in which the Shopping Center is located.
f Licensee shall not carry on any trade or occupation or operate any
instrument or equipment,which emits an odor or causes a noise discernible outside
of the License Area.
g. Licensee shall not permit loitering at the License Area.
h. Licensee shall furnish Licensor with emergency telephone numbers and a
forwarding address.
i. Licensee shall be solely responsible for policing its location against theft,
loss, or damage. Under no circumstance shall Licensor be held liable for such
theft,loss,or damage.
26. Removal: Licensee shall at the Expiration Date or earlier revocation of this License
remove its goods and effects, repair any damage caused by such removal, and peaceably yield up the
License Area clean and in good order,repair,and condition. Personal property of Licensee not removed
within two(2)days of such Expiration Date or earlier revocation shall become the property of Licensor,at
Licensoe's option without liability to Licensee therefore.
4
27. Conduct and Alterations: Licensee shall not harm the License Area,commit waste,
create nuisance,make any use of the License Area which is offensive in Licensor's sole opinion,nor do
any act tending to injure the reputation of the Shopping Center. Licensee shall not make alterations or
additions to the License Area,nor permit the making of holes in the walls,partitions,ceilings,or floors,
nor permit the painting or placing of exterior signs,placards,or other advertising media,banners,pennants,
awnings,aerials, antennas, or the like in or on the License Area,without the prior written consent of
Licensor which may be withheld in Licensor's sole discretion. Licensee shall comply with all laws,
ordinances,orders,and regulations affecting the use or occupancy of the License Area.Licensee shall not
violate applicable federal and state laws prohibiting the sale or display of products,which infringe on the
trademarks or copyrights of others.
28. Condition of License Area: Licensee has inspected the License Area, and
accepts it"as is"with no representation or warranty by Licensor regarding the condition of the License
Area or its suitability for Licensee's use or occupation thereof Licensor has no obligation to repair the
License Area unless the obligation is set forth in this License.
29. Hazardous Material: Licensee shall not cause or permit any hazardous material to
be brought upon,stored,kept,used,or discharged on or about the License Area.
30. Access to License Area: Licensor may enter the License Area at any time.
31. Condition of License Area: Licensee shall maintain, at its sole cost and
expense, the License Area in good condition and make all necessary replacements and repairs to the
License Area except for structural repairs. In addition to all other remedies of Licensor,if Licensee does
not complete its obligations to repair and maintain the License Area,or if Licensor,in the exercise of its
sole discretion,determines that emergency repairs are necessary,or repairs or replacement of any portion of
the License Area or the Shopping Center are made necessary by any act, omission, or negligence of
Licensee or its agents,employees,contractors,or assignees,then in any such event,Licensor may make
such repairs,maintenance,or replacements without liability to Licensee for any loss or damage that may
accrue to Licensee,its merchandise,fixtures,or other property,or to Licensee's business by reason of
such repair, maintenance, or replacement. Upon completion of any such repair, maintenance, or
replacement Licensee shall pay upon demand,as additional fees,Licensor's costs for making such repairs,
maintenance,or replacements together with Licensor's administrative costs related thereto which amount
shall equal 1.5 times the total cost of the repair,maintenance,or replacement. Furthermore,Licensee shall
immediately notify Licensor of any defects or unsafe conditions in the common areas immediately adjacent
to the License Area.
3.q. GennQ-_deli-.. Lieensee sad its agents a d employees shali kee
c
Eee(-, 'c-irscvr
33. Nonprohibited Transaction Representation: Licensee hereby represents and warrants
to Licensor that Licensee is not,and shall not become,a person or entity with whom Licensor is restricted
from doing business with under regulations of the Office of Foreign Asset Control ("OFAC") of the
Department of the Treasury(including,but not limited to,those named on OFAC's Specially Designated
and Blocked Persons list)or under any statute,executive order(including,but not limited to,the September
24,2001,Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit,
Threaten to Commit,or Support Terrorism),or other governmental action and is not and shall not engage
in any dealings or transaction or be otherwise associated with such persons or entities.
IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year first
above written,each acknowledging receipt of an executed copy hereof.
LICENSOR:
Parkdale Mall b_y CBL&Associates
Management Inc. its mana& agent
By:
Print Name:Kurt Lundgreen
Its:Authorized Signatory
Date:
LICENSEE:
Southeast Texas Auto Theft Task Force
FIN: 74-W000278
By:
Print Name:Authorized Signatory
Date:
5
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RICH WITH OPPORTUNITY
[117EA,[11�IC11114(
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: November 3, 2009
REQUESTED ACTION: Council consider authorizing the acceptance of a water
line easement.
RECOMMENDATION
The Administration recommends acceptance of a water line easement to provide water services
for the Islamic Center properties located at 1270 West Cardinal Drive.
BACKGROUND
The Islamic Society of Triplex, Inc. has agreed to convey a ten (10) foot wide water line
easement to the City of Beaumont. The easement is out of City Plat B-20, Block 102, Tracts
17 E & F and Block 103, Tract 18 of the Gladys City Oil, Gas and Manufacturing Company
Subdivision, in the J. A. Veatch Survey and will provide water service for the Islamic Center
located at 1270 West Cardinal Drive.
BUDGETARY IMPACT
None.
engislamic-ib.wpd
26 October 2009
RESOLUTION NO.
WHEREAS, The Islamic Society of Triplex, Inc., has offered to convey a ten foot
(10')wide water line easement out of City Plat B-20, Block 102, Tracts 17 E & F and Block
103, Tract 18 of the Gladys City Oil, Gas and Manufacturing Company Subdivision, in the
J. A. Veatch Survey, as described in Exhibit"A"and shown on Exhibit"B" attached hereto,
to the City of Beaumont for the purpose of providing water services to property located at
1270 West Cardinal Drive; 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 Islamic Society of Triplex, Inc., 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 3rd day of
November, 2009.
- Mayor Becky Ames -
Water Line Easement
Legal Description: 0.2097 (9,134 sq. ft.) Acre Tract of Land
John A Veatch Survey, Abstract No. 55
Jefferson County, Texas
BEING a 0.2097 (9,134 sq. ft.) acre tract or parcel of land situated in the John A Veatch Survey,
Abstract No. 55, Jefferson County, Texas and also being out of and part of that certain called
4.2873 acre tract of land as described in a "Special Warranty Deed" to Islamic Society of
Triplex, Inc. as recorded in Clerk's File No. 95-9515862 Official Public Records of Real
Property, Jefferson County, Texas, said 0.2097 (9,134 sq. ft.) acre tract being more particularly
described as follows:
NOTE.- All bearings are based on the most Northerly Northeast line of the above
referenced 4.2873 acre Islamic Society of Triplex, Inc. as NORTH 27°36'00"
WEST.
BEGINNING at a 1/2" iron rod found for the North corner of the tract herein described, the
same being the East corner of that certain called 0.53 acre tract of land, also being identified as
Tract I and Tract 11, as described in a "General Warranty Deed" to Caroline Bennett as recorded
in Clerk's File No. 2002012322 Official Public Records of Real Property, Jefferson County,
Texas, and being located on the Southwest right of way line of Avenue A (based on a width of
45 feet);
THENCE SOUTH 62°44'19" WEST, along the boundary line between the tract herein described
and said 0.53 acre Bennett tract, that certain called 75'x 150' tract of land as described in a
"General Warranty Deed" to Joseph Brown and Caroline Brown as recorded in Clerk's File No.
206039476 Official Public Records of Real Property, Jefferson County, Texas, and that certain
tract of land as described in a "Deed" to Vito Rizzo and Concetta Grillo Rizzo as recorded in
Volume 1139 Page 151, Deed Records, Jefferson County, Texas, a distance of 356.19 feet to a
point for corner;
THENCE SOUTH 27 015'41" EAST, over and across the said 4.2873 acre Islamic Society of
Triplex, Inc. tract, a distance of 52.02 feet to a point for corner;
THENCE SOUTH 62 028'12" WEST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 261.59 feet to a point for corner;
THENCE SOUTH 19°11'19" WEST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, passing at a distance of 49.75 feet to an interior ell corner of the
said 4.2873 acre Islamic Society of Triplex, Inc. tract and the East corner of that certain called
0.67 acre tract of land as described in a "Special Warranty Deed" to Anna Elizabeth Chamberlain
as recorded in Clerk's File No. 2004046052 Official Public Records of Real Property, Jefferson
County, Texas, and continuing for a total distance of 189.75 feet to a point for the South corner
of the said 0.67 acre Chamberlain tract, the most Southerly West corner of the said 4.2873 acre
Islamic Society of Triplex, Inc. tract, and in the North right of way line of Cardinal Drive ( also
known as Highway 287, 69, & 96);
EXHIBIT "A"
Page 1 of 2
MARK W. WHITELEYAND ASSOCIATES,INC.
THENCE SOUTH 70 048'41" EAST, along the North right of way line of Cardinal Drive, a
distance of 10.00 feet to a point for corner;
THENCE NORTH 19011'l9" EAST, over and across the said 4.2873 acre Islamic Society of
Triplex, Inc. tract, a distance of 185.78 feet to a point for corner;
THENCE NORTH 62 028'12" EAST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 257.57 feet to a point for corner;
THENCE SOUTH 27°15'41" EAST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 30.02 feet to a point for corner;
THENCE SOUTH 62 044'19" WEST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 20.66 feet to a point for corner;
THENCE SOUTH 27 015'41" EAST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 10.00 feet to a point for corner;
THENCE NORTH 62°44'19" EAST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 30.35 feet to a point for corner;
THENCE NORTH 27°15'41" WEST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 92.04 feet to a point for corner;
THENCE NORTH 62 044'19" EAST, continuing over and across the said 4.2873 acre Islamic
Society of Triplex, Inc. tract, a distance of 346.54 feet to a point in the Southwest right of way
line of Avenue A;
THENCE NORTH 27 029'41" WEST, along the Southwest right of way line of Avenue A, for a
distance of 10.00 feet to the POINT OF BEGINNING and containing 0.2097 (9,134 sq. ft.)
ACRES, more or less.
This legal description is being submitted along with a plat based on this description that is
compiled from previous work performed on this tract dated October 2003.
EY
Mark W. Whiteley, PE, RPLS #36
W:\2009\09-295\09-295WATERLINE EASEME ...U��
EXHIBIT"A"
Page 2 of 2
MARK W. WHITELEYAND ASSOCIATES,INC
LINE BEARING DISTANCE POL7 �p
L 1 S27-1 5'41"E 52.02' FND 1
L2 S70'48'41"E 10.00' I. R c
D T,
L3 27-15'41-E 30.02'
L4 S62'44'19"W 20.66' TRACT I & TRACT II
L5 S27'15'41°E 10.00' CALLED 0.53 ACRES TRACT 1
' ���
L6 N62'4419"E CAROLINE BENNETT y� _ _ 6
30.35' CF. NO. 2002012322 ;' FND 1/2' �(0!
L7 N27-1541W 92.04' OPRJC . ROD ti���. --- -ti ---- -
N27'29'41"W
LB 10.00' Op,
TRACT II %Q11
0&
s s0� q
0 0 ti
o ti,s ti �, `c �,o o oo° 1 s���6, VICINITY MAP
Go,TO P'/0 0 P� \ �° 004` /1°� ��\��`�T�� ,�hRr r�.�b.
SCALE 1"=100' y�'! p�q�0 s GJ� 1sl6 c �`���'� i���� NOTE:
o
1�y
�°� yi'%�b�k o�
g� ARDNHT PREFORMED D
00 �� + BASED ON AN ASSOCIATES
no
DATED OCTOBER 2003.
1?��b• ;/��PROPOSED 0.2097 ACRE 00•F,
(9,134 S . FT)
WATERLINE EASEMENT
CALLED 4.2873 ACRES
ISLAMIC SOCIETY OF TRIPLEX,•INC.
CF. NO. 95-9515862 515862 v
TO THE OWNERS OF THE PREMISES SURVEYED H
��/�' CALLED 1.9427 ACRES AS OF THE DATE OF THE SURVEY:
�s v THE ISLAMIC SOCIETY MARK W WHITELEY DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY
OF TRIPLEX INC.
,�,// FC. N0. 101-$2-1389 MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
�0fi�4J� OPRJC HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME W
�jc O, OF THE SURVEY.
THE ISLAMIC SOCIETY 1 '0'•"1R'V ^1yye�
OF TRIPLEX, INC. \� �p ���0 '� �1 0F,TIC
CF. NO. 2004020910
OPRJC
1O ...........
/c�yo �`' �' ` �° . •M. ,. .ITELEY•
—V VA) Y V • 36
1 I F O •O
MARK W. WHITELEY - REGISTERED PROFESSIONAL LAND
��3 J i I! FND S70 55 01 E 100.57055'00'E 100.90') ISLAMIC CENTER
��c\,o• ;I W ..L_ o DR BY: S4W SCALE: SHEET No.:
i ^ go vER: Aa0 2009 1 t 00' i of 1 0.2097 ACRE
,I., I JOB NO. FlLE: W\2009\09-295\ REV.
<1)O�QQ� oo a ile o 0 09-295 09-295 WATERLINE ELSEUENi.Owc p 9,134 SQ. FT)
ARK W. WHITELEY WATERLINE EASEMENT
Q'�� o`er ,..•, I ,� °oa M
QGF � U' iIz I s°b AND ASSOCIATES JOHN A VEATCH SURVEY
;' INCORPORATED ABSTRACT N0. 55
0
Hilt I � CONSULTING ENGINEERS,
SURVEYORS, AND PLANNERS
FND 51055'QO'E 195.70' "_ _ FIND 570'5501 E 110.00' ,. T� � g m JEFFERSON COUNTY, TEXAS
(CALL SAY5500 E 195.70') " " "(CALL S70'55'00'E 110.00) -yv_"-"- -"- Fi„a F-2633
CARDINAL DRIVE(ALSO KNOWN AS HIGHWAY 88,96,287) auullolir.a•ri•6'm�ae-362 euuOiroM •telusrr'ros
+�- -a4z1 pu0 �-sR-1346
RICH WITH OPPORTUNITY
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C .11 1�1[I I*
T - E - X - A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 3, 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 1-5/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider accepting the Grand Recap of the tax roll for the tax year 2009 (Fiscal
Year 2010)
2. Consider approving the purchase of twenty-three patrol vehicles for use by the
Police Department
3. Consider approving a contract for the roof replacement on the Police Property
Building, formerly known as the Goodwill Building
4. Consider amending Section 11-1.1 of the Code of Ordinances related to the
definition of Food Sale Permit
5. Consider authorizing the City Manager to execute a contract for the Proposed
Tram Road Lift Station Rehabilitation Project
WORKSESSION
* Review and discuss a request from Jefferson County relating to the Southeast
Texas Regional Airport
* Review and discuss proposed amendments to the Tow-Truck Ordinance
* Review and discuss a Severe Repetitive Loss Grant Program
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:
Crockett Street Development, Ltd.
* Consider matters related to employment, evaluation and duties of a public officer
or employee in accordance with Section 551.074 of the Government Code:
Kyle Hayes, City Manager
"Tyrone E. Cooper, City Attorney
Tina Broussard, City Clerk
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
1
November 3, 2009
Consider accepting the Grand Recap of the tax roll for the tax year 2009 (Fiscal Year 20 10)
[111EA,[11�lcl
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Office
MEETING DATE: November 3, 2009
REQUESTED ACTION: Council consider accepting the Grand Recap of the tax
roll for the tax year 2009 (Fiscal Year 2010).
RECOMMENDATION
Administration recommends the acceptance of the Grand Recap of the tax roll for the tax year
2009 with a taxable value of$6,556,908,133.
BACKGROUND
Pursuant to the Texas Property Tax Code, Section 26.09, this recap must be approved by the
City Council.
On September 22, 2009, Council approved the tax roll as certified by the Jefferson County
Appraisal District with a taxable value of$6,556,908,133. There is no change in the taxable
value of the Grand Recap.
BUDGETARYIMPACT
Property tax revenues in the FY 2010 Budget were calculated based on this taxable value at a
collection rate of 97% and the amount of$28,003,000 is budgeted in the General Fund and
$12,703,000 is budgeted in the Debt Service Fund.
10/12/2009 21:27:56 SEQUENCE: 747898 TAX COLLECTION SYSTEM PAGE: 13
TC501 C E R T I F I E D R 0 L L J U R I S D I C T I O N S U M M A R Y
PROCESSING FOR TAX YEAR: 2009
JURISDICTION: 0021 CITY OF BEAUMONT
TOTAL PARCELS: 64,486 TAX RATE:00.640000
MARKET VALUE: 7,226,477,990 STATE HOM: 0 OPT HOM: 0.00000
EXEMPT PARCELS: 3,085 STATE 065: 0 OPT 065: 17,500
EXEMPT VALUE: 398,304,870 DISABLED: 17,500
AG PROPERTIES: 226 AG EXCLUSION: 37,809,190
HS CAPPED CNT: 6,663 HS CAPPED AMT: 53,877,110
POLLUTION CNT: 3 POLLUTION VALUE: 4,949,600
HISTORICAL CNT: 7 HISTORICL VALUE: 3,346,930
PRORATED CNT: 11 PRORATED VALUE: 176,824
VET FULL XMP CNT: 32 VET FULL EXEMPTION: 2,993,570
GROSS TAXABLE: 6,725,019,896
STATE HOMESTEAD 0 HOMESTEAD AMT: 0
LOCAL HOMESTEAD 0 HOMESTEAD AMT: 0
OVER65 7,778 OVER 65 AMT: 0
LOCAL OVER65 7,778 OVER 65 AMT: 134,983,213
SURVIVING SPOUSE: 108 AMOUNT: 1,870,550
# OF DISABLED: 1,455 DISABLED AMT: 25,085,100
VET O $5000 0 VETERAN AMT: 0
VET Cw $7500 1 VETERAN AMT: 0
VET ,& $10000 1 VETERAN AMT: 0
VET n $12000 673 VETERAN AMT: 6,172,900
TOTAL VET 675 VETERAN AMT: 6,172,900
TOTAL PART XMP: 168,111,763
TAXABLE VALUE: 6,556,908,133
FROZEN ACCTS: 0
LEVY LOSS: 0.00
TOTAL LEVY: 41,964,212.59
LATE RENDPEN CNT: 1,559 LATE RENDPEN AMT: 48,505.39
FROZEN HOMESITE: 0
FROZEN TAXABLE: 0
UNFROZEN LEVY: 0.00
FROZEN LEVY: 0.00
TIF CAPTURED: 0
TOTAL NON-EXMT PARCELS: 61,401
RESOLUTION NO.
WHEREAS, on September 22, 2009, City Council, by Ordinance No. 09-052,
approved the tax roll as certified by the Jefferson County Tax Appraisal District with a
taxable value of$6,556,908,133; and
WHEREAS, it has been determined and the Council so finds there is no change in
the taxable value of the Grand Recap;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Council, pursuant to the Texas Property Tax Code, Section 26.09, hereby
approves the Grand Recap of the tax roll for the tax year 2009 (FY 2010) with a taxable
value of $6,556,908,133.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
November, 2009.
- Mayor Becky Ames -
2
November 3, 2009
Consider approving the purchase of twenty-three patrol vehicles for use by the Police Department
r
C �
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: November 3, 2009
REQUESTED ACTION: Council consider approving the purchase of twenty-three
(23)patrol vehicles for use by the Police Department.
RECOMMENDATION
The administration recommends approval of the purchase from Philpott Motors of Nederland in
the amount of$570,333.
BACKGROUND
Pricing for this purchase is obtained through the Houston-Galveston Area Council (H-GAC)
Cooperative Purchasing Program. H-GAC is a cooperative purchasing association providing
cities and political subdivisions with the means to purchase specialized equipment at volume
pricing. H-GAC complies with the State of Texas procurement statutes. The purchase price
includes the H-GAC administrative fee of$600.
All twenty-three (23)patrol vehicles requested will replace units that are used in daily operations
by the Patrol Division. The vehicles to be replaced are on a scheduled replacement cycle in
order to keep serviceable vehicles available at all times. The replaced vehicles may be disposed
of according to the City's surplus property disposal policies or relocated to other divisions.
The new vehicles are 2010 Ford Crown Victorias with the police package. These vehicles will
include a Safe Stop vehicle anti theft system. The Safe Stop system allows an officer to leave a
vehicle running while simultaneously disabling it from being moved by anyone but that officer.
Standard warranties of 36,000 miles or three (3) years are provided for each new vehicle. The
warranty service is provided by the local authorized dealership. Delivery is expected within
thirty (30) days.
BUDGETARYIMPACT
Funds are budgeted in the Capital Reserve Fund.
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 approve the purchase of
twenty-three (23) patrol vehicles for use by the Police Department from Philpott Motors in
the amount of $570,333 through the Houston-Galveston Area Council (H-GAC)
Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
November, 2009.
- Mayor Becky Ames -
3
November 3,2009
Consider approving a contract for the roof replacement on the Police Property Building, formerly
known as the Goodwill Building
RICH WITH OPPORTUNITY
-M(
C r
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
i�
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: November 3, 2009
REQUESTED ACTION: Council consider the roof replacement on the Police
Property Building, formerly known as the Goodwill
Building, located at 790 Orleans.
RECOMMENDATION
Administration recommends a contract with The Garland Company, Inc., dba Design-Build
Solutions, Inc. of Cleveland, Ohio in the amount of$285,430 for the roof replacement on the
Police Property Building through the Texas Multiple Award Schedule (TXMAS) contract.
BACKGROUND
The TXMAS Program, established by State of Texas Procurement and Support Services office,
adapts existing competitively awarded federal government contracts to the procurement needs of
the State and other government entities within Texas. The contracts meet all state bidding
requirements. The Garland Company, Inc. dba Design-Build Solutions, Inc. is a contracted
vendor for the TXMAS building material services and supplies contract.
In 2006, Council approved the purchase of the former Goodwill Building in order to provide
storage space for Police Department property and evidence. The minimum required renovations
that will render the building fit for the intended purpose include a roof replacement, elevator and
A/C repairs, and the installation of a security system. Upon the completion of these renovations,
Police Property will be moved to the second floor of the facility while Surplus Property will be
moved to the first floor as well as emergency food and equipment. Police Property and Surplus
Property are currently housed in the rapidly deteriorating Lamb's Building, located at the confer
of Pearl and College.
The contract with The Garland Company, Inc., dba Design-Build Solutions, Inc. includes all
labor, materials, and equipment to replace the asphalt roof which has experienced extensive
failures and has deteriorated beyond repair. The contract also provides a 20-year labor and
material weather tightness warranty.
BUDGETARY IMPACT
Funds for the roof replacement are budgeted in the Capital Program.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a contract to The Garland Company,
Inc., dba Design-Build Solutions, Inc., of Cleveland, Ohio, in the amount of $285,430 for
roof replacement on the Police Property Building located at 790 Orleans to include all
labor, materials, and equipment, through the Texas Multiple Award Schedule contract.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
November, 2009.
- Mayor Becky Ames -
4
November 3, 2009
Consider amending Section 11-1.1 of the Code of Ordinances related to the definition of Food
Sale Permit
RICH WITH OPPORTUNITY
rk
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T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Ingrid Holmes, Public Health Director
MEETING DATE: November 3, 2009
REQUESTED ACTION: Council consider amending Section 11-1.1 of the Code of
Ordinances relating to the definition of Food Sale Permit.
RECOMMENDATION
Administration recommends Council approval.
BACKGROUND
On February 10, 2009, City Council approved an ordinance requiring Mobile Food Unit vendors
to receive a Food Sale Permit each time the unit was opened for business. The definition for
Food Sale Permit failed to identify the distinction between non-potentially hazardous foods and
potentially hazardous foods. The purpose for the creation of the Food Sale Permit was to reduce
the risk of food borne illnesses in mobile food units because of the limited ability of the vendors
to control the hot/cold storage of food in these such units. The definition change will allow
vendors that sell items such as popcorn, snow cones, and prepackaged food items to operate by
securing a yearly permit.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 11,
ARTICLE I, SECTION 11-1.1, OF THE CODE OF
ORDINANCES PROVIDING FOR MOBILE FOOD UNIT
REGULATION; PROVIDING AN EFFECTIVE DATE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 11, Article I, Section 11-1.1, be and the same is hereby amended to
read as follows:
Sec. 11-1.1. Same--Amendments.
The Texas Department of Health Bureau of Food and Drug Safety, "Texas Food
Establishment Rules," are hereby amended as follows:
Section 229.162 Definitions is hereby amended by changing the following definition
to read as follows:
Food Sale Permit. A permit issued to a mobile food unit owner allowing operation
of the unit for a maximum of seventy-two (72) hours and limited to two (2) permits per
month except that vendors selling non-potentially hazardous foods will not be required to
secure this permit.
Section 2.
This Ordinance shall be effective from and after publication in accordance with the
Charter of the City of Beaumont.
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 3rd day of
November, 2009.
- Mayor Becky Ames -
i
5
November 3, 2009
Consider authorizing the City Manager to execute a contract for the Proposed Tram Road Lift
Station Rehabilitation Project
RICH UITH OPPORTUNITY
r �
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 444�'
MEETING DATE: November 3, 2009
REQUESTED ACTION: Council approval of a resolution authorizing the City
Manager to execute a contract for the Proposed Tram Road
Lift Station Rehabilitation Project.
RECOMMENDATION
Administration recommends approval of a contract with T. Johnson Industries, Inc., Lumberton,
Texas, in the amount of$132,673.69 for the Proposed Tram Road Lift Station Rehabilitation
Project. This project shall provide for the rehabilitation of the existing Tram Road Lift Station,
located on Tram Road, 0.25 miles west of Major Drive. The proposed project will remove the
existing single self priming pump and controls and replace it with two (2) submersible pumps,
electrical controls, 867 linear feet of four(4") inch force main and all associated site work.
The MBE participation will be with Rural Pipe of Jasper, Texas. The amount of the subcontract is
for $12,500 which represents 9.42 percent of the total bid.
BACKGROUND
The existing Tram Road lift station was built in 1970 and has deteriorated and requires major
rehabilitation. The lift station was cited for deficiencies during the last state inspection. The
primary goals of the project are to restore the integrity of the sanitary sewer lift station, increase
the lift station capacity, provide customers with uninterrupted and adequate service and meet the
Texas Commission on Environmental Quality requirements.
This Contract 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.
BID TABULATION
CITY OF BEAUMONT
PROPOSED TRAM ROAD LIFT STATION REHABILITATION
BID OPENING DATE: THURSDAY,OCTOBER 22,2009
T.Johnson Ind.,Inc Williamson Construction& Allco Placo,Ltd Brystar Contracting W)aec
dba Johnson Backhoe Service Equipment Post Office Box 3684 Post Office Box 8120 8385 Chemical Road 1901 Hollister
Post Office Box 8009 180 Lee Street Reaumont,Texas 77704 Lumberton,Texas 77657 Beaumont,Texas 77705 Houston,Texas 77080
Item Qtv Unit Description Lumberton,Texas 77657 Lumberton,Texas 77657 409.860.4459 It 409.7553878 p 409.7553667 f 409.842.6768 p 713.957.4003 p
409.246.2440 p 409.755.7445 p
Unit Price Item Total Unit Price T Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total
BASE BID ITEMS
1. 1 LS Mobilization cost, including payment bond, performance $3,980.00 $3,980.00 $4,000.00 1 $4,000.00 $3,500.00 $3,500.00 $4,292.DO $4.'_9'_.00
$2,500.00 $2,500.00 $5,50000 1 $5,500.00
TO EXCEED 3%OF TOTAL PROJEC"I BIDS,all in strict
accordance with plans and specifications for,
LS Furnish all labor and equipment to Demolish Existing Site $12,832.00 $12,832.00 $7,200 00 $7,200 00 $5,096 00 $6,096 00 $14779 68 $14,779.68 $Q.600
00 $9,00000 $14.000 00 $14,000.00
including removal of pump, piping, electrical, controls,
concrete top,fence,and all items as shown on the plans and
specifications for,
3. ] LS Furnish all labor and equipment to CLEAN & COAT $5,778.00 $5,778.00 $10,20000 $10,200.00 $5,030.00 $5,030.00 $16,935.83 $16,935.83 $18,000.00
$18,000.00 $8,000.00 $8,000.00
EXISTING WET WELL, inlcuding pressure wash,
removal and disposal of solids, grouting existing wall
penetrations, and all items as shown on the plans and
4. 1 LS Furnish and install Teo (2) Submersible Pumps into $23,948.00 $23,948.00 $23,000.00 $23,000.00 $28,139.00 $28,139.00 $26,42485 $'_6,424.85
$33,000.00 $33,000.00 $26,000.00 $26,000.00
existing wet well,complete and operational, including all
pumps, motors, brackets, rails, cables, and necessary
appurtenances, all in strict accordance with plans and
specifications for,
5. 1 LS Furnish and install all Pump Discharge Header Piping, $15,352.00 $15,352.00 $16,500.00 $16,500.00 $18,535.00 $18,535.00 $17,031.83 $17,031.83
$24,000.00 $24,000.00 $34,000.00 $34.000.00
including pipe, valves, fittings, mise pipe brackets and
stands, ARV, and necessary appurtenances, all in strict
accordance with plans and specifications for,
6. 1 LS Fumish and install Reinforced Concrete top slab, $8,40000 S8,400.DO $12,500.00 $12,500.00 $6,057.00 $6,057.00 $10,36245 $10,36245 $8,500.00
$8,500.00 $1000.00 $10,000.00
including connection to existing wet well, including vent,
access hatch,all labor and materials,all in strict accordance
with plans and specifications for,
i. 1 LS F and install all site improvements, including $8219.00 $8,219.00 $13,000.00 $13.00000 $5,985.00 $5,985.00 $5.70817 $5,708.27 $20.000
DO $20,000.00 $15,OD0.00 $15,000.00
fencing,gates,limestone d-eways,culverts,and SWPPP
all in strict accordance with plans and specifications for,
8. 1 LS Fumish and install all electrical and controls for proposed $10440.00 $10,440.00 $15,400.00 $15,400.00 $16,700.00 $16,700.00 $12137.15 $12,237.15
$11,000.00 $11 OD0.00 $22.000 00 $22,00000
pumps,complete and operational,all in strict accordance
+with plans and specifications for.
Page 1
BID TABULATION
CITY OF BEAUMONT
PROPOSED TRAM ROAD LIFT STATION REHABILITATION
BID OPENLNG DATE: THURSDAY,OCTOBER 22,2009
T.Johnson lad.,Inc. Williamson Construction& Allco Mae.,Ltd Brystar Contracting Reytee
dba Johnson Bacl:hoe Service Equipment Post Office Box 3684 Post Office Bax 8120 8385 Chemical Road 1901 Hollister
Post Office Box 8009 180 Lee Street Beaumont,Texas 77704 Lumberton,Texas 77657 Beaumont,Texas 77705 Houston,Texas 77080
Item Qty Unit Description Lumberton,Texas 77657 Lumberton,Texas 77657 409.860.4459 p 409.7553878 p 409.7553667 f 409.842.6768 p 713.957.4003 p
409.246.2440 p 409.755.7445 p
Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total
9- 1 LS Furnish and maintain all necessary bypass pumping $12,000.00 $12,000.00 $9,00000 $9,00000 $2450.00 $2425000 $17,55331 $17 X53.31 $18.000.00
$18,00000 $14,000.00 $14,00000
operations during construction, including all necessary
pumps, piping, electrical service/fuel, controls, and
necessary appurtenances,all in strict accordance with plans
and specifications for,
10 1 EA Fumish and install 48 inch diameter manholes,including $6,50000 $6,500.00 $8,000.00 $8 000.00 $8,208.00 $8,208.00 $7,748.93 $7,748.93
$5,500.00 $5,500.00 $6,000.00 $6,000.00
rings and covers, excavation, back-fill, compaction,
connection to lines, and surface restoration, all in strict
accordance with plans and specifications for,
11- 1 LS Allowance - Electrical Service installation charges by $10,000-00 $10,000-00 $10,000.00 $10,000-00 $10,000.00 $10,000.00 $10,000.00 $10,000.00
$10,000.00 $10,00000 $10,000.00 $10000.00
Entergy and lightning protection review of electrical
equipment installation by Bonded Systems,Ltd.or approved
equivalent.
TOTAL.BASE BID ITEMS $117,449.00 $128,800.00 $132,500.00 5143,074.30 $159,500.00 $164,500.00
ADDITIVE BID ITEMS
12. 867 LF 4" PVC SDR-26 Class 160 Force Main, all depths, $11.21 $9,719.07 $9.00 $7,803.00 $23.65 $20.504.55 $18.:3 $15,805.41 $16.00 $13,872.00
$17.00 $14,T,900
including fittings,excavation,backfill,compaction,testing,
detector tape, and surface restoration, all in strict
accordance with plans and specifications for,
13. 34 LF Bore Steel Casing under pavement,including all bore pits, $]25.18 $4,_56.1: $140.00 $4,760.00 $155.81 $5,297.54 $7635 $_.59>.90 $17000
$5,780.00 $2'_0.00 $7,480.00
spacers, end seals, excavation, baclfill, compaction, and
surface restoration,all in strict accordance with plans and
specifications for,
14. 833 LF Trench Safety,Per Specification 2101,for S1 30 $1^_49.50 $1.00 $83300 $025 $20825 $1.14 $949.62 $1.00 $833.00 10 10 $fi3.30
TOTAL BASE BID ITEMS+ADDITIVE BID ITEMS $132,673.69 5142,196.00 $158,510.34 $162,425.23 5179,985.00 $186,802.30
Bondlna Company Information YES YES YES YES YES YES
Bid Bond_ ___ YES YES YES YES YES YES
Qualification StatementTinancial Statement Y'ES YES YES YES YES YES
Vendor Compliance YES YTS 1-ES YES ITS ES
Non-Collusion Affidavit YES _ 1 ES YES YES YES
Acl:nowlcK AddendtunNo.1-2 YES _ YES YES YES I
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 i.....a ,....i 8�.......:....s
»°1U d
BTab fs �G
��
CITY OF BEAUMONT
SCHEDULE OF MBE PARTICIPATION
NAME
CERTIFIED AI E'CON7I?ACTOIi ADDRESS TYPE OF TFORK 4G.RFFn.PRA-,'k-
The undersigned will enter into a fun nal agreement vdth MBE Contractors for work-fisted in this schedule conditioned U1)011 eXeCULiOn of contract
with the City of Bcatunont-
NOTE: 1. This schedule should be submined with your bid.
SIGNATURE,
.,E
---
TIT]
",ktt,
ad-Bilent I
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with T.
Johnson Industries, Inc., Lumberton, Texas, in the amount of $132,673.69 for the
proposed Tram Road Lift Station Rehabilitation Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
November, 2009.
- Mayor Becky Ames -
WORKSESSION
* Review and discuss a request from Jefferson
County relating to the Southeast Texas Regional
Airport
SON C\
Jeff R. Branick �� 1 ,'���
First Assistant To Beaumont (409) 835-8469
. Arthur 409 727-2191 Ext. 8469
County Judge / Court Master Pt
�� -=� / ( )
�EXA/
RONALD L. WALKER
County Judge
Honorable Kyle Hayes
City Manager
City of Beaumont
801 Main Street Suite 300
Beaumont, Texas 77701
Re: Southeast Texas Regional Airport
Dear Kyle:
As you know, Jefferson County and the cities of Beaumont, Nederland and Port Arthur
executed an agreement in the 1950's providing that no municipality would exercise
annexation authority over any portions of the airport property. Over the last several
months we have had discussions with the City of Nederland and their EDC. There is
economic development money available to stimulate the development of the property
adjacent to Highway 69, provided that a limited tract of the property can be annexed by
the City of Nederland.
Today the Commissioner's Court authorized Judge Walker to execute a limited waiver
to the original agreement so as to accomplish this purpose. It will likewise need to be
executed by each of the cities to carry it into effect. I enclose for your review the limited
waiver together with a metes and bounds description of the tract to be annexed and an
aerial photograph with graphic delineation of the area. Also included as an exhibit is the
original agreement.
I am hopeful that you will be able to place this issue on the City Council's agenda for
November 3, 2009. Of course, Commissioner Domingue and I will be happy to attend
should there be any questions.
Thank you for your cooperation and assistance in this endeavor.
Yours truly ,
(lVranick
Jefferson County Courthouse, P.O. Box 4025, Beaumont, "Texas
Facsimile (409) 784-5806
LIMITED WAIVER AGREEMENT
WHEREAS, Jefferson County and the cities of Beaumont, Port Arthur and Nederland,
acting by and through their respective governing bodies,jointly sponsored a Resolution
effective September 9, 1960; and,
WHEREAS, such Resolution embodied an agreement by and between the signatories
covenanting that none of the parties would annex or seek control over any of the lands
then or thereafter constituting County Airport property; and,
WHEREAS, the parties now find it desirable to agree to a limited waiver of the terms
of the prior Resolution (a copy of which is attached hereto and labeled Exhibit "A") to
provide an opportunity for the City of Nederland to annex a portion of the lands
constituting the Southeast Texas Regional Airport (a description of said portion of
property being attached hereto and labeled Exhibit "B");
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS, that the Resolution of
September, 1960, is hereby reaffirmed and remains in full force and effect, the parties
hereto agreeing , for and in consideration of the mutual covenants herein , that a limited
waiver is granted to the City of Nederland allowing it the right to exercise its power of
annexation over and against the portion of the Southeast Texas Regional Airport
identified by metes and bounds in the property description contained in Exhibit "B",
hereto. Nothing herein shall be construed to divest Jefferson County of its continued
ownership in and to said property or its right to develop said property for airport or other
purposes. The remainder of the agreement embodied in the Resolution of September,
1960 shall continue in full force and effect. This agreement represents the entire
agreement of the parties hereto and may not be contradicted by any parol statements
made prior to or contemporaneously with its execution.
This agreement shall become effective on the date executed by the final signatory to
this agreement.
For Jefferson County j For the City of Port Arthur
By: By:
County Judge Mayor
Date: Date:
For the City of Beaumont For the City of Nederland
By: By:
Mayor Mayor
Date: Date:
� ARCENEAUX & GATES
ARCENEAUX Consulting Engineers, Inc.
&
GATES J Engineers • Surveyors • Planners
EXHIBIT "B"
METES AND BOUNDS DESCRIPTION
OF 116.82 ACRES OF LAND SITUATED IN THE
WILLIAM CARROLL LEAGUE, ABSTRACT NO. 13
AND THE T.&N.O.RR. SURVEY, SECTION 15,
ABSTRACT NO. 240,JEFFERSON COUNTY, TEXAS
Being a 116.82 acre tract or parcel of land, a portion of that certain 185.12 acre tract of land
as conveyed by deed dated July 22, 1941 from C. Doornbos to Jefferson County, recorded in
Volume 499, Page 136 and also being a portion of that certain 31.57 acre tract of land as
conveyed by deed dated July 21, 1941 from Mary E. Young, et al to said Jefferson County,
recorded in Volume 499, Page 138, all in the Deed Records, County Clerk's Office, Jefferson
County, Texas, as situated in and a part of the William Carroll League, Abstract No. 13 and
the T.&N.O.RR. Survey, Section No. 15, Abstract No. 240, Jefferson County, Texas and
being more particularly described by metes and bounds as follows;
BEGINNING at a point located at the intersection of the Westerly line of U.S. Highway No.
69, 96 and 287 (Right of Way width varies) with the Southeasterly line of Viterbo Road
(based on a width of 60 feet) marking the Northeast corner of the herein described tract of
land, this point also being located on the Northwesterly line of said 185.12 acre tract and the
City Limit line of the City of Nederland, Texas by Ordinance No. 1997-14, said beginning
point having a coordinate value of North 13,932,168.25 and East 3,545,132.31;
(1) THENCE North 87 deg. 15 min. 04 sec. East along the said Westerly Right of Way line a
distance of 98.80 feet to an angle point for corner;
(2) THENCE South 44 deg. 19 min. 43 sec. East continuing along said Westerly Right of Way
line a distance of 69.10 feet to a TxDOT concrete monument found marking an angle point
for corner;
(3) THENCE South 29 deg. 14 min. 49 sec. East continuing along said Westerly Right of Way
line a distance of 420.64 feet to a 4"x4" concrete monument found marking an angle point
for corner;
(4) THENCE South 42 deg. 42 min. 50 sec. East continuing along said Westerly Right of Way
line a distance of 487.16 feet to a %" steel rod found located at the intersection of the said
Westerly Right of Way line with the Northwesterly line of Jerry Ware Drive (this portion
lying within TxDOT Right of Way) marking an angle point for corner;
Page 1 of 5
ZAA&G\A&G SUAVEyrNG\NMTES&B0UNDS\2G09\JEF-130 EXHIBIT A.doc
One Turtle Creek Square 3501 Turtle Creek Drive, Suite 102 Port Arthur,Texas 77642 (409)724-7888 FAX(409)724-1447
EXHIBIT "B"
(5) THENCE South 01 deg. 37 min. 53 sec. West along the northwesterly line of Jerry Ware
Drive and said Westerly Right of Way line a distance of 116.66 feet to an angle point for
corner;
(6) THENCE South 43 deg. 00 min. 17 sec. East over and across said Jerry Ware Drive and said
TxDOT Right of Way a distance of 211.71 feet to a point located on the Southeasterly line of
said Jerry Ware Drive and Westerly line of said U.S. Highway No. 69, 96 and 287 marking
an angle point for corner;
(7) THENCE North 87 deg. 00 min. 54 sec. East along said Westerly Right of Way line a
distance of 103.76 feet to an angle point for corner;
(8) THENCE South 42 deg. 36 min. 36 sec. East continuing along said Westerly Right of Way
line a distance of 330.17 feet to a TxDOT concrete monument found (broken) marking an
angle point for corner;
(9) THENCE South 49 deg. 45 min. 34 sec. East continuing along said Westerly Right of Way
line a distance of 928.97 feet to an angle point for corner;
(10)., THENCE South 45 deg. 48 min. 03 sec. East continuing along said Westerly Right of Way
line a distance of 265.73 feet to an angle point for corner;
(11) THENCE South 46 deg. 19 min. 41 sec. East continuing along said Westerly Right of Way
line a distance of 204.57 feet to an angle point for corner;
(12) THENCE South 46 deg. 45 min. 18 sec. East continuing along said Westerly Right of Way
line a distance of 297.07 feet to an angle point for corner;
(13) THENCE South 47 deg. 22 min. 56 sec. East continuing along said Westerly Right of Way
line a distance of 295.55 feet to an angle point for corner;
(14) THENCE South 47 deg. 49 min. 35 sec. East continuing along said Westerly Right of Way
line a distance of 265.77 feet to an angle point for corner;
(15) THENCE South 49 deg. 06 min. 18 sec. East continuing along said Westerly Right of Way
line a distance of 265.46 feet to an angle point for corner;
(16) THENCE South 41 deg. 15 min. 31 sec. East continuing along said Westerly Right of Way
line a distance of 153.92 feet to a '/2" steel rod found located on the Southeasterly line of said
31.57 acre tract and a 150 feet wide Jefferson County Drainage District No. 7 Drainage
Page 2of5
Z:\A&G\A&G SURVEYINGMETES&BOUNDS0009VEF-130 EXHIBIT A.doe
4
EXHIBIT "B."
Easement marking the Southeast corner of the herein described tract of land, this point also
marks the Northeast corner of the Airport Business Park Subdivision as recorded in Volume
15, Page 184 of the Map or Plat Records of said County, same point also being located on the
Northerly line of the City Limits for the City of Port Arthur,Texas;
(17) THENCE South 37 deg. 10 min. 37 sec. West along the Southeasterly line of said 31.57 acre
tract, and 150 feet wide drainage easement with the Northerly line of said Airport Business
Park Subdivision and said City Limit for the City of Port Arthur a distance of 646.21 feet to a
point marking the Southwest corner of the herein described tract of land;
(18) THENCE North 61 deg. 25 min. 00 sec. West along the Westerly line of this tract and
Easterly line of an unnamed street (based on a width of 80 feet) located within the property
of Jefferson County (known as the Southeast Texas Regional Airport property) a distance of
983.52 feet to an angle point for corner and Point of Curvature of a curve to the left;
(19) THENCE continuing along said Easterly Right of Way line with said curve to the left having
a radius of 150.00 feet, a delta angle of 45 deg. 05 min. 07 sec., an arc distance of 118.03
feet, a chord distance of 115.01 feet and a chord bearing of North 83 deg. 57 min. 33 sec.
West to an angle point for corner and Point of Tangency of said curve;
(20) THENCE South 73 deg. 29 min. 53 sec. West continuing along the Northeasterly Right of
Way line of said unnamed street a distance of 1115.63 feet to a point located at the
intersection of the Northeasterly Right of Way line of said unnamed street with the Easterly
line of Airport 3rd (third) Street (based on a width of 60 feet), this point marks an "Ell"
corner of the herein described tract of land;
(21) THENCE North 16 deg. 30 min. 07 sec. West along the said Easterly Right of Way line of
Airport 3`d Street a distance of 209.86 feet to an angle point for corner and Point of Curvature
of a non-tangent curve to the left;
(22) THENCE continuing along the Easterly Right of Way line of Airport 31d Street with said
curve to the left having a radius of 300.00 feet, a delta angle of 89 deg. 55 min. 43 sec., an
arc distance of 470.87 feet, a chord distance of 424.00 feet and a chord bearing of North 61
deg. 28 min. 30 sec. West to an angle point for corner and Point of Tangency of said curve;
(23) THENCE South 73 deg. 33 min. 38 sec. West continuing along the Easterly Right of Way
line of Airport 3`d Street a distance of 133.87 feet to an angle point for corner and Point of
Curvature of a non-tangent curve to the right;
Page 3 of 5
Z:\A&G\A&G SURVEYINGNETES&BOUNDS\2009UEF-130 EXHIBIT A.doc
EXHIBIT "B"
(24) THENCE continuing along said Easterly Right of Way line of Airport 3rd Street and said
curve to the right having a radius of 232.50 feet, a delta angle of 113 deg 48 min. 19 sec., an
arc distance of 461.81 feet, a chord distance of 389.55 feet and a chord bearing of North 49
deg. 32 min. 12 sec. West to an angle point for corner located at the intersection of the said
Easterly Right of Way line of Airport 3rd Street with the Southeasterly Right of Way line of
Jerry Ware Drive (based on a width of 100 feet), this portion of Jerry Ware Drive located
within the Southeast Texas Regional Airport and Jefferson County property;
(25) THENCE North 28 deg. 01 min. 45 sec. East along the said Southeasterly Right of Way line
of Jerry Ware Drive a distance of 1437.57 feet to a point marking the Southwest corner of
said TxDOT Right of Way for Jerry Ware Drive and U.S. Highway No. 69, 96 and 287, this
point also marks an"Ell" corner of the herein described tract of land;
(26) THENCE North 61 deg. 57 min. 06 sec. West along the West line of said TxDOT Right of
Way a distance of 100.00 feet to a point marking the Northwest corner of said TxDOT Right
of Way and an"Ell" corner of the herein described tract of land;
(27) THENCE North 39 deg. 00 min. 07 sec. East along the Northwesterly line of said TxDOT
Right of Way distance of 7.75 feet to a point located on the Easterly line of First Street
(based on a width of 60 feet) marking an "Ell" corner of the herein described tract of land;
(28) THENCE North 54 deg. 02 min. 34 sec. West along the Easterly Right of Way line of First
Street a distance of 235.31 feet to an angle point for corner and Point of Curvature of a curve
to the right;
(29) THENCE continuing along the Easterly Right of Way line of First Street with said curve to
the right having a radius of 290.00 feet, a delta angle of 27 deg. 24 min. 11 sec., an arc
distance of 138.70 feet, a chord distance of 137.38 feet and a chord bearing of North 40 deg.
20 min. 28 sec. West to an angle point for corner and Point of Tangency of said curve;
(30) THENCE North 26 deg. 38 min. 23 sec. West continuing along said Easterly Right of Way
line of First Street a distance of 174.25 feet to an angle point for corner and Point of
Curvature of a curve to the left.
(31) THENCE continuing along said Easterly Right of Way line of First Street with said curve to
the left having a radius of 350.00 feet, a delta angle of 26 deg. 11 min. 32 sec., an arc
distance of 160.00 feet, a chord distance of 158.61 feet and a chord bearing of North 39 deg.
44 min. 09 sec. West to an angle point for corner and Point of Tangency of said curve;
Page 4 of 5
Z.\A&G\A&G SURVEYB4G\ME.TES&BOUNDS\2009UEF-130 EXHIBIT A.doc
EXHIBIT "B"
(32) THENCE North 52 deg. 49 min. 55 sec. West continuing along the Easterly Right of Way
line of First Street a distance of 370.27 feet to a point located at the intersection of the said
Easterly Right of Way line of First Street with the said Southeasterly Right of Way line of
Viterbo Road and the City of Nederland City Limit line marking the Northwest corner of the
herein described tract of land;
(33) THENCE North 36 deg. 14 min. 07 sec. East along the said Southeasterly Right of Way line
of Viterbo Road with the City of Nederland City Limit line a distance of 656.21 feet to the
Northeast corner and POINT OF BEGINNING and containing in area 116.82 acres of land,
more or less.
Surveyed: October, 2009
Of
�:•Q�G�F9�o.'N
JOHN R. B0
....- .
..... .. .. .
"0 4583 .: .. ..4
D y.'OPT
ti�SURV�O
Jo . (Bob) Hodges R.P. . #4583
Notes:
Coordinates, bearings and distances referenced to the Texas State Plane Coordinate System,
South Central Zone, NAD 83 Grid Scale Factor: 0.99992277
Acreage expressed in Surface Area.
An Exhibit of even date is being submitted with this metes and bounds description.
Page 5 of 5
Z:\A&G\A&G SURVEYING\N1ETES&BOUNDS\2009\JEF-130 EXHIBIT A.doc
NEDERLAND CITY LIMIT VITERBO RD
ORD.#1997-14 (60'R/W) POB
— - - - ( 3)1 (1)
LEASE TRACT
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EXHIBIT A C
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LEASE TRACT ���° COUNTY
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EXHIBIT A co rn
AND VOL. 74, PG. 374 J�,
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X O I C. DOORNBOS
TO
Q ?3J JEFFERSON COUNTY Y o TxOOT MONUMENT
U) 185.12 ACRES (BROKEN)
Q Q VOL. 499 PG. 136
jW Z 7/22/1941 F- a
OGj ^N' D.R.J.C. � I �� OF o
rn 90 4s
116. AC. � �'C S ... ..®�..
P RV
Ilao,'LiF
®C,AQ®� ®e
/ MARY E. YOUNG, et al
J.C.D.D. #7 / TO
150' DRAINAGE JEFFERSON COUNTY
— EAS MENT - 31.57 ACRE TRACT
TRACT ONE
VOL. 499, PG. 138
- - -
`"' 7/21/1941
�-- D.R.J.G. EXHIBIT "B"
PORT ARTHUR CITY LIMIT FNO.
S.R.
� AIRPORT BUSINESS PARK SUBDIVISION
EXHIBIT SHOWING PAGE
VOL. 15, PG. 184 116.82 AC. TRACT FOR PROPOSED ANNEXATION
M.R.J.C.
ARCENEAUX & GATES JEFFERSON COUNTY COMMISSIONER'S COURT OF
A conewtins mswafty, Inc. /'�En(lnaer. Surveyors Pliers JEFFERSON COUNTY, TEXAS L
0 9601 Turtle Creak Drt-, Suite 102
Port Arthur.Tau""2
00H
FM WHA MVS (+09)724,-78aa DATE: OCTOBER 2009 SCALE: 1"=600' DRAWN: JDG
3 TEXAS REGISTERED ENGINEERING FIRM F-30 PROD. No.: JEF-130 VERSION: AUTOCAD 2010 CHECKED: JRH
EXHIBIT "B"
LINE TABLE DATUM CURVE TABLE
NUMBER DIRECTION DISTANCE NUMBER I ARC DELTA RADIUS CHORD I CHORD BRG.
(1) N 87°15'04"E 98.80' (19) 118.03' 45°05'07" 150.00' 115.01' N 83°57'33"W
(2) S 44°19'43"E 69.10' (22) 470.87' 89°55'43" 300.00' 424.00' N 61°28'30"W
(3) S 29°14'49"E 420.64' (24) 461.81' 113°48'19" 232.50' 389.55' N 49°32'12"W
(4) S 42°42'50"E 487.16' (29) 138.70' 27°24'11" 290.00' 137.38' N 40°20'28"W
(5) S 01°37'53"W 116.66' (31) 160.00' 26°11'32" 1 350.00' 158.61' N 39°44'09"W
(6) S 43°00'17"E 211.71'
(7) N 87°00'54"E 103.76'
(8) S 42°36'36"E 330.17' POINT OF BEGINNING COORDINATE
(9) S 49°45'34"E 928.97' NORTHING 13,932,168.25
(10) S 45°48'03"E 265.73' EASTING 3,545,132.31
(11) S 46°19'41"E 204.57'
(12) S 46°45'18"E 297.07'
(13) S 47°22'56"E 295.55'
(14) S 47°49'35"E 265.77'
(15) S 49°06'18"E 265.46'
(16) S 41°15'31"E 153.92'
(17) S 37°10'37"W 646.21'
(18) N 61°25'00"W 983.52'
(19) SEE CURVE TABLE
(2,-)) S 73°29'53"W 1115.63'
(21) N 16°30'07"W 209.86'
(22) SEE CURVE TABLE
(23) S 73°33'38"W 1 133.87'
(24) SEE CURVE TABLE
(25) N 28°01'45"E 1437.57'
(26) N 61°57'06"W 100.00'
(27) N 39"00'07"E 7.75'
(28) N 54°02'34"W 235.31'
(29) SEE CURVE TABLE
(30) N 26°38'23"W 1 174.25'
% (31) SEE CURVE TABLE
v
(32) N 52°49'55"W 370.27'
(33) N 36°14'07"E 656.21'
" EXHIBIT SHOWING PAGE
116.82 AC. TRACT FOR PROPOSED ANNEXATION
x
® ARCENEAUX & GATES JEFFERSON COUNTY COMMISSIONER'S COURT OF
ARCENEAUX C*-U'tnt Engineers, Ina /1
GATES ffiglneen Su yore Planner JEFFERSON COUNTY, TEXAS L
9 3601 TurUs Creek Drl",SWU 102
MNU ,90N31G W- Port J=)W,Teas 77642
wm MNA mu (aoo)7u-7e66 DATE: OCTOBER 2009 SCALE: N.T.S. DRAWN: JDG
3 TEXAS REGISTERED ENGINEERING FIRM F-30 PROD. No.: JEF-130 VERSION: AUTOCAD 2010 CHECKED: JRH
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WORKSESSION
* Review and discuss proposed amendments to the
Tow-Truck Ordinance
Chapter 29 VEHICLES FOR HIRE
Art. t. In General, §§29-1--29-19
Art. II. Ambulances, §§29-20--29-39
Art. III. Taxicabs,§§29-40--29-69
Art. IV. Tow Trucks,Towing Companies, and Tow Truck Operators, §§29-70--29-76
ARTICLE IV. TOW TRUCKS, TOWING COMPANIES AND TOW TRUCK
OPERATORS*
*Editor's note: Ord. No. 98-64, § 1, adopted October 6, 1998, amended the Code by
repealing former Art. IV, §§ 29-70--29-91, in its entirety. Former Art. IV pertained to wreckers,
and derived from Ord. No. 88-15, adopted February 9, 1988; and Ord. No. 93-6, adopted
February 2, 1993.
Sec. 29-70. Definitions.
As used in this article, the following terms shall have the respective meaning
ascribed to them:
T♦ _th e Consent tow means IIa__n__��y to/w�l�Y 11 ith +�rM 066 , llr -A+ the ,_,ro,tiE),
„����
representative. EXGep+ _, . 4-�- defiRitiOR , .a-tew will be
. .where the ll,l Rer Q able to giVe l+en6ent of a motor vehicle
initiated bV the owner or operator of the vehicle or by a person who has possession,
custody, or control of the vehicle. The term does not include a tow of a motor vehicle
initiated by a peace officer investigating a traffic accident or a traffic incident that
involves the vehicle.
Drop fee means the fee charged for a non-consent tow which is disengaged at
the request of the vehicle's owner or operator while the towed vehicle is still at the
location from which it is being removed.
Missed call means the towing company was called and no contact made with a
representative of the company or the towing company's tow truck did not respond to the
scene within thirty (30) minutes of notification.
Motor-Vvehicle means a motor vehicle subject to registration under Chapter 501,
Texas Transportation Code or any other device designed to be self-propelled in, on or
by which a person or property may be e-F transported on a public high vayroadway.
Non-consent tow means any tow
�.__of y4e4owe4-1 \ie ,'C �ega of-Fegi `tered !1WRer' autherized
repre6eetative. I egaFdIG66�_ T4�AT pT C/�v
a-R-aGGideRt -+R-+ham-man manner-4 .of a
motor vehicle that is not a consent tow.
Operate means to drive or cause to be driven a tow truck on a public roadway.
Operator means any person operating a tow truck on a public roadway of this
state.
Owner means a person owning, leasing or otherwise using either directly or
indirectly a tow truck on a public roadway of this state.
Person means an individual, corporation, organization, business trust, estate,
trust, partnership, association or other legal entity.
Public roadway means a public street, alley, road, right-of-way, or other public
way, including paved and unpaved portions of the right-of-way.
Tow truck means a motor vehicle, including a wrecker, equipped with a
mechanical device used to tow, winch or otherwise move another motor vehicle.
Towing company means an individual, 1-9a4ncrsh'p or ether
association, corporation, or other legal entity that controls, operates, or directs the
operation of one or more tow trucks over a public roadway in this state but does not
include a political subdivision of the state. 414e husiness,-e#
en--a-may#er-- epsatiE)er with the eXpestatiee e#- 49-r- 13e g
�sterage--Gf_ 4e. Veh� hils 4Pd--++fides 44e oWRer, ep t emgleyee-Gr-ageRt Gf a
W4Rg-sGMpany;-het does n Pel+t6Gal subdivi6lo .-444e state,
1 ehiG e r eaRs-a m vehiGle 6ebfeGt to peg 6tratiof WRdeF Chapter 501 , Texas
TragCaert;4ep beds-,9-rtFelherde viGe-doc�Ted
tn -if_prri cr{
a-publiG highway
Vehicle storage facility means a garage, parking lot or any other type of facility
owned by a person other than a governmental entity for storing or parking ten (10) or
more vehicles a year.
(Ord. No. 98-64, § 1, 10-6-98)
Sec. 29-71. Operation of tow truck.
(a) It shall be unlawful for any person to operate a tow truck in the city for the
purpose of; participation in or execution of any non-consent tow, unless the tow
truck is:
(1) Licensed and permitted as a tow truck pursuant to Texas statutes; and
(2) Owned by a towing company registered and permitted by the city.
(b) No person, operating a tow truck who performs a non-consent tow, may tow any
motor vehicle to any location other than:
(1) A vehicle storage facility located in the city `"'hinh hnlyds a G irreRt linens° to
operate a y iol° storage n�c_ faGility issued by The Texas Departm°n+ of
TFaRGP rtatienoperated under a permit for same issued by the Texas
Department of Licensing and Regulation; or
(2) With the consent of the towing company, Aa specific location in the city
designated by ane or by the owner er
eperat-er of tha-v-e s the vehicle's owner.
(c) No person shall stop or park any tow truck within three-k one
thousand (1000) feet of the scene or site of any vehicle accident or collision while
any vehicle disabled, damaged or wrecked in such accident or collision remains
at such scene or site unless:
(1) It is licensed and permitted as a tow truck pursuant to state statutes and
has been directed by or received the consent of a police officer at the
scene to stop or park the tow truck within the three h.ipd- one thousand-
foot area; or
(2) It is a tow truck which has been summoned to the scene or site of a
vehicle accident by the owner of a vehicle involved in the accident and
does not, in the opinion of any police officer investigating the accident,
constitute a safety hazard to vehicles or persons at the scene or obstruct
or interfere with the activities of the officers investigating the accident or
scene.
(d) No person, while on any public roadway or public property, may solicit in any
manner, directly or indirectly, the business of towing, removing, repairing, storing,
wrecking or buying any vehicle which is wrecked or disabled and on a public
roadway.
(Ord. No. 98-64, § 1, 10-6-98)
Sec. 29-72. Permits for towing companies; required; procedure; fee; term.
(a) Required. It shall be unlawful for any person to operate or cause to be operated
any towing company in the city, without having first obtained a towing company
permit from the city issued under this article to such person to operate a towing
company within the city. [The following is being moved to subsection (g)]. T-4e
trUGk
1 r a n Y 'tittitiC
a+�cl -+e -YA#- .-TG--prase
tust-Khe owner mu6t agree to the. FegulatieR6 premulgated by the
—_ I
i -k.
(b) Application generally. The chief of police shall develop necessary forms to enact
these provisions. Any person desiring to operate a towing company in the city
shall make application with the police department for the issuance of a towing
company permit. 96IGh
-The applicants shall furnish all required information and
supporting documents noted on the application form. A towing company permit
shall not be issued by the chief of police unless the applicant meets all the
required provisions of this article, including but not limited to:
(1) All information on the submitted application is true and accurate and all
required supplemental documents or information has been furnished.
(2) The towing company operates a vehicle storage facility in the city which is,
at all times, licensed pursuant to the Texas Vehicle Storage Act, as it may
be amended, and which is in compliance with all provisions of the Texas
Vehicle Storage Facility Act and any provisions of the Texas
AdM'RiStFAfiW �—Occupations Code relevant to operation of a vehicle
storage facility.
(3) The physical facility to be operated by the towing company meets the
following requirements:
a. The facility is in compliance with all zoning requirements of the city;
and
b. The physical facility to be operated by the towing company is not a
part of any other business which performs towing services and is
not located at the same physical location as any other towing
company; aed
C. e-
less th,RR MG hLARGIFed-Q-Q�square feet; and
d-----The towing company has an active telephone number that is
different from any other towing company and is not answered by an
electronic answering device; and
de. The towing company has a sign on the business premises
identifying the towing company by the name as it appears on the
license application, street address, telephone number, hours of
business, and any vehicle storage facility license number issued for
that location. Said sign shall be of a size that may be read from a
distance of not less than one hundred fifty (150) feet.
(c) Denial/suspension/revocation. An individual identified as an owner of a towing
company on the application who has a felony conviction within the previous five
(5) years that, in any fashion, relates to the duties and responsibilities involved in
the operation of a towing company or which directly effects such person's fitness
to perform as a towing company owner may have their application for permit
denied or have any permit suspended or revoked by the chief of police. In
determining whether an individual's criminal conviction (which includes the entry
of a deferred judgement) relates to the performance of a towing company owner,
the chief may consider the following factors:
(1) The nature, seriousness and frequency of a crime;
(2) The relation of the crime to the purpose for requiring the permit;
(3) The extent to which a permit may offer an opportunity for the individual to
engage in further criminal activity of the same or similar type as that in
which the individual has previously been involved; and
(4) The relationship of the crime to the ability, capacity or fitness required to
perform the duties and discharge the responsibilities of a towing company
owner.
(d) Fee. The permit fee to operate a towing company under the terms and conditions
of this article shall be payable as follows:
At the time of the original or renewal application for a towing company permit, the
applicant shall pay a fee of one hundred dollars ($100.00) as a nonrefundable
application fee. If the application is approved by the chief of police, the applicant
will be issued a permit to operate a towing company in the city.
(e) Term. A permit issued pursuant to this section shall be valid for one (1) year from
the date issued.
(f) Notwithstanding the provisions of this section to the contrary, towing companies
who were sharing vehicle storage facilities and business locations on December
20, 2000, 5:00 p.m., may continue to share vehicle storage facilities and
business locations.
(g) Rotation. The chief of police shall devise a rotation system for
and eperated by the ,,~mooed towing companies that wish to be used in non-
consent tows. A tow truck company may be placed into the system by paying a
fifty dollar ($50) annual fee. To participate in this program the owner must agree
to the regulations promulgated by the chief for such.
(Ord. No. 98-64, § 1, 10-6-98; Ord. No. 00-104, § 1, 12-19-00)
Sec. 29-73. Nonsense t-owing fees.
(a) The maximum fees which may be charged by a towing company which performs
non-consent tows pursuant to this article are as follows:
(1) All size yehiGies �- sks-$95.Q0.Vehicles
J 10,000 pounds or less: $150.00
epefa#er� $25.00
43 --Vehicles in excess of 10,000 pounds: $200.00 per hour.
(43) �eew+tk� ."Drop" fee to release a vehicle which
has been "hooked up" by a tow truck: $45 0_$60.00.
(�}--€xtraE)FdiRa4:y--s4uatiE)RS naay-ems VehiGfes-F
-MiiGka be ma-de.
(4) A daily storage fee of not more than that allowed by state law.
(b) All towing companies performing tows pursuant to this ordinance must accept
manor credit cards as payment for the fees provided for services rendered.
(c) The chief of police will undertake a general review and survey of towing fees
every two (2) years.
A towing company may request that a rate study be performed by requesting
same in writing to the city manager accompanied by a payment of $2,500. A
towing company may submit any documentation or rate-related information along
with that request. The findings of said study will be considered in the rates
adopted by the city council.
(Ord. No. 98-64, § 1, 10-6-98)
Sec. 29-74. Denial, suspension or revocation of any permit or license.
(a) Investigation. The police department shall investigate all complaints arising from
reported violations of this article. Upon completion of the investigation, the chief
of police shall determine if a violation occurred. If the chief of police determines
that a significant violation of this article occurred, the chief may suspend or
revoke the permit or license according to the following standards:
(1) Violation of any provision of this article, the Texas Transportation Code,
Texas Vehicle Storage Facility Act, as it may be amended or section of
the Texas A4f:R'Ristra#+ue-Occupations Code regarding operation of tow
trucks, towing companies or vehicle storage facilities by owners, agents or
employees of a towing company shall subject the towing company to the
following administrative action regarding their towing company permit:
a. First offense: Suspension of towing company permit for thirty (30)
days.
b. Second offense: Suspension of towing company permit for sixty
(60) days.
C. Third offense: Revocation of towing company permit for two (2)
years.
(b) Penalties independent and may be in addition to other penalties. The
administrative penalty set forth in this section shall be independent of and may
be in addition to any other penalties assessed pursuant to any violation of any
ordinance of the city or statute or administrative code of the state. The
determination of whether a violation is significant shall be within the sole
discretion of the chief of police.
(c) Time. Time limitations for computation of penalties regarding suspension or
revocation of permits or licenses for repeat offense shall be calculated based on
a two-year period from the date of the first offense for which a permit is
suspended or revoked. The holder of a permit that was revoked may not, for a
period of two years from the date of the revocation, apply for any new permits of
the type that was revoked.
(d) Notice. The chief shall provide written notice of any suspension, revocation or
denial setting out the basis for the decision, giving the effective date for the
suspension, revocation or denial and providing the appeal procedure. A
suspension, revocation or denial shall become effective seven (7) days from the
date that the chief of police notifies the permit holder of the suspension,
revocation or denial unless an appeal is filed as provided herein.
(e) Appeal procedure. Any appeal of a decision by the chief of police regarding a
towing company permit must be in writing and must be submitted to the city
manager's office prior to the effective date of the suspension, revocation or
denial. The written request for appeal must set forth the basis for the appeal and
specifically identify any error or misapplication of information or of this article by
the chief of police regarding the decision to deny, suspend or revoke the permit
or license. The city manager shall submit the appeal to the city council and city
council may either hear the appeal or select a hearing officer to preside at any
appeal hearing and the decision of the city council or such hearing officer shall
be final. The appellant may appear at any hearing and it shall be the burden of
the appellant to establish that the decision by the chief of police is incorrect. The
chief of police shall be entitled to present any information or evidence which
would support the chief's decision. The city council or hearing officer shall
assess the evidence presented at the hearing and affirm, reverse or modify the
decision of the chief by a suspension of the towing permit for up to thirty (30)
days for a first offense, up to sixty (60) days for a second offense or revocation of
the permit for up to two (2) years for a third offense.
(Ord. No. 98-64, § 1 , 10-6-98)
Sec. 29-75. Responsibilities--Tow truck operator; towing company.
(a) Tow truck operator. All tow truck operators shall:
(1) Obey all lawful orders given by any police officer and not in any manner
interfere with any police officer in the performance of his/her duty.
(2) Not remove any wrecked, disabled or illegally parked vehicle from any
public roadway without authorization from a police officer; provided,
however, that the driver of a stalled or disabled vehicle not involved in an
accident may authorize a tow truck operator to remove his/her vehicle
when no police officer is present.
(3) Prior to performing any non-consent tow or related service or on request
of the owner or operator, furnish in writing to the owner or operator of the
vehicle to be towed, a list of all charges that pertain to any towing services
to be performed, including but not limited to:
a. The fee schedule to be charged for the towing of a vehicle within
the city limits. Fees related to towing of a vehicle outside of the city
limits shall be by agreement between the tow company and the
owner or operator of the vehicle to be towed.
b. The method of payment of the fee.
C. The name of the tow company picking up the vehicle.
d. The telephone number(s) at which the tow company may be
contacted.
e. The location to which the vehicle will be towed, if not specified by
the owner, operator or agent of the owner of the vehicle.
(4) Remove from the site from which any vehicle is removed all resulting
wreckage or debris, including all broken glass unless otherwise directed
by a police officer. "Resulting wreckage or debris" does not include the
towed vehicle's load or cargo.
(b) Towing company. The towing company shall:
(1) Ensure that their tow truck arrives at the requested scene within thirty (30)
minutes of notification.
(2) Keep full and complete books or records in accordance with sound
business practices related to each and every non consent vehicle tow
pursuant to this article.
(23) Permit any inspector or officer designated by the chief of police to, during
normal business hours, inspect the premises, tow equipment, storage
facilities, records of vehicles towed and records of fees and charges of
each non-consent tow.
(Ord. No. 98-64, § 1, 10-6-98)
Sec. 29-76. Penalties; fines.
(a) Any person violating any of the provisions of this article shall be deemed guilty of
a misdemeanor and, upon conviction thereof, shall be fined not less than one two
hundred dollars ($4-200.00) nor more than f"� edone thousand dollars
($61,000.00). Each day such violation is permitted or continued to exist shall be
and is deemed to constitute a separate offense.
(b) Any violation charged pursuant to this section shall be independent of and may
be in addition to any administrative penalties which may be imposed regarding
the suspension, revocation or denial of any permit or license granted under this
article.
(c) Missed call penalties:
(1) Two (2) missed calls in a calendar month will result in a seven (7) day
suspension from the rotation list.
(2) Three (3) missed calls in a calendar month will result in a fifteen (15) day
suspension from the rotation list.
(3) Four (4) missed calls in a calendar month will result in a thirty (30) day
suspension from the rotation list.
(4) Five (5) missed calls in a calendar month will result in a one (1) year
suspension from the rotation list.
(Ord. No. 98-64, § 1, 10-6-98)
WORKSESSION
* Review and discuss a Severe Repetitive Loss
Grant Program
HIGH WITH OPPORTUNITY
City Council Work Session
T • E • X • A S
TO: City Council
FROM: Kyle Hayes, City Manager
65
PREPARED BY: Christopher S. Boone, Community Development Director
MEETING DATE: November 3, 2009
SUBJECT: Severe Repetitive Loss Grant Program.
COMMENT:
Recently, City Council considered whether or not to apply for funds from the Severe Repetitive
Loss (SRL) Flood Buyout Program. The advantages of providing relief to homeowner's with
recurring flooding was weighed against the disadvantages of having permanently vacant lots
within various neighborhoods. Many of the homes on FEMA's SRL list were then shown to be
within areas of improved drainage, due to recent and planned improvements by Drainage District
#6 and the City of Beaumont.
As any buyout program is voluntary, a survey was sent out to all of the owners on the SRL list to
determine the level of interest in a buyout program. Of the surveys sent out, twenty-one(22)
responses were returned. Ten (11) owners were interested in the program, eight(8)might be
interested, and three(3) are not interested in participating in a buyout program. Attached is a
map showing the original properties on the SRL list, the drainage improvement project areas, and
the responses from the survey. As you can see from the map, the majority of respondents are or
might be interested in the program.
Severe Re petitve Loss R L )
Dist with DD Improvements
And Survey Res u Its
[East
Folsom
•
Phelan
i
C:rl y
—�
Washington t
Cardinal ,
O Drainage Improvement N
0 No Response to Survey W E
Yes, Interested in Buyout s
RICH WITH OPPORTUNITY
Might be Interested in Buyout BEAU MON*
• No, Not Interested in Buyout T . E . x • A . 8
Community Development Department