HomeMy WebLinkAboutPACKET FEB 02 2010 RICH WITH OPPORTUNITY
IIEA,[11�10
T • E - X - A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 2, 2010 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
Allen Perkins would be reappointed to the Convention and Tourism Advisory Board. The
current term would expire October 8, 2011. (Councilmember W.L. Pate, Jr.)
J. Shane Howard would be reappointed to the Parks and Recreation Advisory Committee. The
current term would expire May 9, 2011. (Councilmember W.L. Pate, Jr.)
Dora Nisby would be reappointed to the Library Commission. The current term would expire
December 12, 2010. (Councilmember Alan B. Coleman)
Greg Wall-Architect would be reappointed to the Construction Board of Appeals (Building).
The current term would expire January 24, 2012. (Mayor Becky Ames)
Gene VanMeter-Electrician (Alternate) would be reappointed to the Construction Board of
Appeals (Building). The current term would expire January 24, 2012. (Mayor Becky Ames)
Tom Neild-General Contractor(Alternate) would be reappointed to the Construction Board of
Appeals (Building). The current term would expire January 24, 2012. (Mayor Becky Ames)
Angela Baker would be appointed to the Community Development Advisory Committee. The
term would commence February 2, 2010 and expire February 1, 2012. (Councilmember Alan B.
Coleman)
Dave Mulcahy would be appointed as Chairman of the Small Business Revolving Loan Fund
Board. The term would commence February 2, 2010 and expire February 1, 2011. (Mayor
Becky Ames)
Ann Reynolds would be reappointed to the Animal Health Advisory Committee. The current
term would expire December 13, 2010. (Mayor Becky Ames)
Sgt. Kelly Cole - Police Department Representative would be appointed to the Animal Health
Advisory Committee. The term would commence February 2, 2010 and expire February 1, 2012.
(Mayor Becky Ames)
A) Authorize the Mayor to execute a waiver granting permission for the Jefferson County
Mosquito Control District to operate aircraft at a low altitude over the City of Beaumont
for mosquito control purposes
B) Authorize the settlement of the lawsuit styled John Smith v. City of Beaumont, et al
C) Approve the purchase of two (2) tractors for use by the Parks and Property Services
Division
A
RICH WITH OPPORTUNITY
11cm , �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorneo�
MEETING DATE: February 2, 2010
REQUESTED ACTION: Consider a resolution authorizing the Mayor to execute a
waiver granting permission for the Jefferson County
Mosquito Control District to operate aircraft at a low
altitude over the City of Beaumont for mosquito control
purposes.
RECOMMENDATION
Administration recommends approval of a resolution granting permission for the Jefferson
County Mosquito Control District to operate aircraft at a low altitude over the City of Beaumont
ii
for mosquito control purposes.
BACKGROUND
The Jefferson County Mosquito Control District is requesting that the City of Beaumont and
other cities in their area grant authority for them to operate their aircraft at a low altitude over the
City of Beaumont for the purpose of controlling mosquito populations. The Jefferson County
Mosquito Control District operates their aircraft at a low altitude in accordance with all federal
and state rules and regulations governing this type of application.
BUDGETARY IMPACT
None.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a document furnishing a waiver
to the Jefferson County Mosquito Control District for the purpose of allowing their aircraft
to fly at low altitudes over the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
February, 2010.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
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T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attornex_--.-
MEETING DATE: February 2, 2010
REQUESTED ACTION: Consider a resolution authorizing the settlement of the
lawsuit styled John Smith v. City of Beaumont, et al
RECOMMENDATION
Administration recommends approval of a resolution authorizing the settlement of a lawsuit
styled John Smith v. City of Beaumont, et al in the amount of$10,000.
BACKGROUND
This matter was most recently presented and discussed in Executive Session held on December
22, 2009. The City Attorney is requesting authority to settle this suit for the $10,000 amount.
BUDGETARY IMPACT
There are sufficient funds in the General Fund to pay the settlement amount.
RESOLUTION NO.
WHEREAS, the lawsuit styled John Smith v. City of Beaumont, et al was discussed
in Executive Session properly called and held December 22, 2009; and,
WHEREAS, the Council desires to authorize the settlement of the lawsuit styled
John Smith v. City of Beaumont, et al;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit styled John
Smith v. City of Beaumont, et al for the sum of Ten Thousand Dollars ($10,000).
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
February, 2010.
- Mayor Becky Ames -
c
RICH WITH OPPORTUNITY
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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: February 2, 2009
REQUESTED ACTION: Council consider approving the purchase of two (2) tractors
for use by the Parks and Property Services Division.
RECOMMENDATION
The administration recommends approval of the purchase from Lansdowne-Moody Co., L.P. of
Houston in the amount of$72,665.
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 tractors will be used by the Parks and Property Services Division for mowing rights-of-way,
park cleanup and stump removal. The tractors will be replacing 1981 models with 8,000 hours of
service. The old units will be disposed of according to the City's surplus equipment disposal
policy.
The basic warranty provided is two (2)years. Warranty service is available from Oil City
Tractors of Beaumont.
Delivery is estimated at thirty (30) days.
BUDGETARY IMPACT
Funds are budgeted in the Capital Reserve Fund.
RESOLUTION NO.
I
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 two
(2)tractors from Lansdowne-Moody Co., L.P., of Houston, Texas, in the amount of$72,665
I
through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program
for use by the Parks and Property Services Division.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
February, 2010.
- Mayor Becky Ames -
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RICH WITH OPPORTUNITY
[I III A. �
T - E • X - A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 2, 2010 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition: Receive a report related to the FY 2009 Audit
* Public Comment: Persons may speak on scheduled agenda items 4-6/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a request for a zone change from RS (Residential Single Family
Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium
Density) District for property located east of Concord and north of the current
dead-end of Sienna Trails
2. Consider a request for a specific use permit to allow a real estate office in an
RCR-H (Residential Conservation and Revitalization-Historic) District at 2580
North Street
3. Consider a request for a specific use permit to allow a real estate office in a PUD
(Planned Unit Development) District at 6310 Delaware
4. Consider approving an abandonment of a portion of 8th Street between Blanchette
and Milani
5. Consider authorizing the City Manager to execute Industrial District Contracts
with Koch Nitrogen Company, LLC, and Koch Nitrogen International Sarl
6. Consider amending Section 26-93 (b) of the Code of Ordinances related to
noncommercial parades and the costs for Police, cleanup and other services
provided by the city
WORKSESSION
* Review and discuss a Police Department Advisory Committee
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:
City of Beaumont v. Greg Abbott, Attorney General of Texas, et al
Clifford Teasley v. City of Beaumont
State of Texas v. James Edward Mathews, Jr.
City of Beaumont v. James Mathews
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
February 2,2010
Consider a request for a zone change from RS (Residential Single Family Dwelling) District to
RM-M (Residential Multiple Family Dwelling-Medium Density) District for property located
east of Concord and north of the current dead-end of Sienna Trails
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
C3
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: February 2, 2010
REQUESTED ACTION: Council consider a request for a zone change from RS
(Residential Single Family Dwelling) District to RM-M
(Residential Multiple Family Dwelling-Medium Density)
District for property located east of Concord and north of
the current dead-end of Sienna Trails.
RECOMMENDATION
The Administration recommends approval of a zone change from RS (Residential Single Family
Dwellin g) District to RM-M (Residential Multi le Family Dwelling-Medium Density) District
for 16.20 acres as depicted in Attachment "C".
BACKGROUND
Fittz & Shipman, Inc. has applied for a zone change.
In November, 2006, a master plan was submitted for the entire property. That plan called for
approximately 38 acres for single family development, approximately 12 acres for apartments
and approximately 12 acres for patio homes and elderly housing.
Now, Muse Limited, the developer and property owner, would like to rezone the 38+ acres
(Tract 1) that was originally zoned RS and RM-M to 16.2 acres of RM-M and 15.73 acres of
RM-H and to rezone the 3+ acres (Tract 2) from RS to RM-H.
5.17 acres of the proposed RM-H will be developed as an assisted living site for the elderly and
13.92 acres will be developed as apartments. The 16.2 acres of RM-M zoning is to be developed
with townhomes.
Staff has a concern that Concord, in its current form, would have a difficult time handling the
additional traffic that the submitted development plan would generate. Therefore, staff
recommends that only the 16.20 acres as depicted in Attachment "B" be approved for rezoning at
this time.
At a Joint Public Hearing held January 25, 2010, the Planning Commission recommended 8:0 to
approve a zone change from RS (Residential Single Family Dwelling) District to RM-M
I
(Residential Multiple Family Dwelling-Medium Density) District for 16.20 acres as depicted in
Attachment "C".
BUDGETARY IMPACT
None.
II
i
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT, TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RS (RESIDENTIAL
SINGLE FAMILY DWELLING) DISTRICT TO RM-M
(RESIDENTIAL MULTIPLE FAMILY DWELLING - MEDIUM
DENSITY) FOR PROPERTY LOCATED EAST OF CONCORD
AND NORTH OF THE CURRENT DEAD-END OF SIENNA
TRAILS, BEAUMONT, JEFFERSON COUNTY, TEXAS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned RS (Residential Single Family Dwelling) District to RM-
M (Residential Multiple Family Dwelling - Medium Density) District for property located east
of Concord and north of the current dead-end of Sienna Trails, as described in Exhibit "A"
and shown on Exhibits "B" and "C," and the official zoning map of the City of Beaumont is
hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL, of the City of Beaumont this the 2nd day of
February, 2010.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEGINNING at a point in the easterly right-of-way line of Haywood Drive for the southwest
corner of Lot 1, Block 4 of Woodland Estates, a plat recorded in Volume 11, Page 64 of the Map
Records of Jefferson County, Texas for the northwest corner of the said 62.29 and 16.20 acre
tracts,
THENCE North 89°07'35" East along the south line of said Woodland Estates and a north line of
the said 62.29 and 16.20 acre tracts a distance of 1126.57 feet to a point in the west line of
Woodlands Subdivision, a plat recorded in Volume 13, Page 2 of the Map Records of Jefferson
County, Texas for an exterior corner of the said 62.29 and 16.20 acre tracts;
THENCE South 00°38'12" West along the said west line of Woodlands Subdivision and an
interior line of the said 62.29 and 16.20 acre tracts a distance of 43.74 feet to a point for the
southwest corner of said Woodlands Subdivision and an interior corner of the said 62.29 and
16.20 acre tracts;
THENCE North 89°37'26" East along the south line of said Woodlands Subdivision and a tract
conveyed to Hardin-Jefferson Exploration as recorded in Volume 2220, Page 56 of the Deed
Records of Jefferson County, Texas being a north line of the said 62.29 and 16.20 acre tracts a
distance of 1112.14 feet to a point for the northeast corner of the said 16.20 acre tract;
THENCE South 00°17'32" West along the east line of the said 16.20 acre tract a distance of
299.78 feet to a point for the southeast corner of the said 16.20 acre tract,
THENCE South 89°37'26" West along the south line of the said 16.20 acre tract a distance of
280.16 feet to a point for the PC of a curve,
THENCE continuing along the said south line of the 16.20 acre tract with a curve to the left
having a chord bearing of North 71°07'36" West, a chord distance of 94.56 feet and a radius of
50.00 feet, a distance along the curve of 123.94 feet to a point for the PT of the curve;
THENCE South 89°07'35" West continuing along the said south line of the 16.20 acre tract a
distance of 930.63 feet to a point for the PC of a curve;
THENCE continuing along the said south line of the 16.20 acre tract with a curve to the left
having a chord bearing of South 65°13'18" West, a chord distance of 243.13 feet and a radius of
300.00 feet, a distance along the curve of 250.33 feet to a point for the PT of the curve;
THENCE South 41°19'01" West along the southwesterly line of the said 16.20 acre tract a
distance of 276.38 feet to a '/2" iron rod found for an interior corner of the said 62.29 acre tract
and the southwest corner of the said 16.20 acre tract;
THENCE North 41°02'19" West along the said west line of the 62.29 and 16.20 acre tract a
distance of 386.66 feet to an angle point;
EXHIBIT "A"
THENCE North 40°54'37" West continuing along the said west line of the 62.29 and 16.20 acre
tracts a distance of 426.49 feet to the POINT OF BEGINNING and containing 16.20 acres of
land, more or less.
I
File 2007-Z: Request for a zone change from RS (Residential Single Family Dwelling)
District to RM M (Residential Multiple Family Dwelling-Medium Density)District.
Location: Concord at Sienna Trails
Applicant: Fittz & Shipman, Inc.
0 200 400 800 Feet
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2
February 2, 2010
Consider a request for a specific use permit to allow a real estate office in an RCR-H (Residential
Conservation and Revitalization-Historic) District at 2580 North Street
RICH WITH OPPORTUNITY
IIEA,UI�1011T
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
G
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: February 2,2010
REQUESTED ACTION: Council consider a request for a specific use permit to
allow a real estate office in an RCR-H (Residential
Conservation and Revitalization-Historic) District at 2580
North Street.
RECOMMENDATION
The Administration recommends denial of the specific use permit.
BACKGROUND
Alan Cramer with Alan Cramer Investments, has applied for a specific use permit.
Mr. Cramer states that the office will be staffed by 2-3 employees. Day to day business will
consist of the signing and processing of applications and leases, collecting payments and
supplying keys and work orders to maintenance crews. Hours of operation will be Monday -
Friday, 8`.00 a.m. - 5:00 p.m.
The subject property consists of a two story residence and an existing garage. The applicant
proposes to construct nine additional parking spaces at the rear of the house. As a result of a
specific use permit granted in 1988 for a child care facility, the existing driveway was expanded
to include a paved turn-around for two-way traffic. The most recent use of the property has been
single family residential.
In June, 2006, City Council denied a request for a specific use permit to allow a financial
consulting office at 2570 North. That property is adjacent to the subject property's east property
line. This denial was based upon the desire of residents of the Old Town neighborhood to restrict
further commercial encroachment into the neighborhood. This would be the only commercial
use in this particular block. The nearest commercial use is a lawyer's office at the northwest
corner of North and Tenth Streets.
This particular request would require that the back yard be paved over to provide additional
parking to serve the proposed business. There has been a tendency for residential structures,
once converted for commercial uses, to not revert back to residential uses.
At a Joint Public Hearing held January 25,2010,the Planning Commission recommended 8:0 to
deny a specific use permit to allow a real estate office in an RCR-H(Residential Conservation
and Revitalization-Historic) District at 2580 North Street.
BUDGETARYIMPACT
None.
I
i
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A REAL ESTATE OFFICE IN AN RCR-H
(RESIDENTIAL CONSERVATION AND REVITALIZATION-
HISTORIC) DISTRICT LOCATED AT 2580 NORTH STREET
IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS.
WHEREAS, the City Council forthe City of Beaumont desires to issue a specific use
permit to Alan Cramer Investments to allow a real estate office in an RCR-H (Residential
Conservation and Revitalization-Historic) District located at 2580 North Street, being Lots
15 and 16, Block 42, Averill Addition, City of Beaumont, Jefferson County, Texas,
containing 0.33 acres, more or less, as shown on Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1 .
That a specific use permit to allow a real estate office in an RCR-H (Residential
Conservation and Revitalization-Historic) District located at 2580 North Street, being Lots
15 and 16, Block 42, Averill Addition, City of Beaumont, Jefferson County, Texas,
containing 0.33 acres, more or less, is hereby granted to Alan Cramer Investments, its
legal representatives, successors and assigns, as shown on Exhibit "A" attached hereto
and made a part hereof for all purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
February, 2010.
- Mayor Becky Ames -
ile 2018-P: Request for a specific use permit to a w areal estate office in an RCR-H
(Residential Conservation and Revitalization- District.
j Location: 2580 North Street
Applicant: Alan Cramer Investments,Inc.
0 50 100 200 Feet
I A I I
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EXHIBIT "A"
18' OF EXISTING CHAIN LINE FENCE TO
BE REMOVED AND REPLACE WITH 6' WOOD FENCE-) CALL 100.00
v r—v —v v
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EX/STINGx 6 -WOOD FENCE `-EXISTING 6' WOOD FENCE
24.30'
r ��! �X j l5na t�Rtiv fi1�J t�v`�y�.+ 1t�r4I�I ti
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EXISTING CHAIN LINK EXISTING BRICK & °o
FENCE TO BE REMOVED ° FRAME BUILDING N
AND REPLACED WITH
6' WOOD FENCE
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CALL 100.00'
LEGEND: NORTH STREET CLIENT:
ALAN CRAMER INVESTMENTS
—PROPOSED CONCRETE DR BY: CDD SCALE: SHEET No.:
VER: ACAO 2009 1 =20' I I Of I
EXISTING ASPHALT
JOB NO. F1lE: W:\2009\09-704\ REV.
SITE PLAN
1= '
- 09-704 09-704.DWG 1 0
-EXISTING CONCRETE FOR 2580 NORTH STREET MARK W. WHITELEY
LOTS 15 & 16, BLOCK 42 AND ASSOCIATES
AVERILL ADDITION CONSULTING ENGINEERS,
VOLUME 1, PG. 131, MRJC SURVEYORS. AND PLANNERS
Firm F-M
P. 0. BOX 0491 0200 BA.416R►R9Y.
BUUMORY. TEW 7r=-0492 Bmum". "m-r=
409-091-0421 trA* 4W-B9P-13U
XHIBIT "B"
3
February 2,2010
Consider a request for a specific use permit to allow a real estate office in a PUD (Planned Unit
Development) District at 6310 Delaware
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: February 2, 2010
REQUESTED ACTION: Council consider a request for a specific use permit to
allow a real estate office in a PUD (Planned Unit
Development) District at 6310 Delaware.
RECOMMENDATION
The Administration recommends approval of the specific use permit with a modification to the
landscaping/screening requirements along the north property line (no 8' tall screening fence and
i
10' wide landscape strip).
BACKGROUND
Ron Cleveland, representing DCJC Properties, LLC, has applied for a specific use permit.
The proposal calls for the construction of an 8,869 sq. ft. single story office building and related
parking for Keller Williams Realty. A 26' wide curb cut on the west side of the tract will provide
access to,the property.
Specific use permits have been approved to allow professional offices and a bank on adjacent
properties to the east. The applicant is requesting a modification to the landscaping/screening
requirements along the north property line. The subject property is separated from Barrington
Heights by a 120' wide DD#6 drainage ditch. The fencing requirement has been waived with the
adjacent specific use permits.
At a Joint Public Hearing held January 25, 2010, the Planning Commission recommended 7:0:1
to approve a specific use permit to allow a real estate office in a PUD (Planned Unit
Development) District at 6310 Delaware, with a modification to the landscaping/screening
requirements along the north property line (no 8' tall screening fence and 10' wide landscape
strip).
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A REAL ESTATE OFFICE IN A PUD
(PLANNED UNIT DEVELOPMENT) DISTRICT LOCATED AT
6310 DELAWARE IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific use
permit to DCJC Properties, LLC, to allow a real estate office in a PUD (Planned Unit
Development) District located at 6310 Delaware, as described in Exhibit"A" and shown on
Exhibit "B" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF,BEAUMONT:
Section 1 .
That a specific use permit to allow a real estate office in a PUD (Planned Unit
Development) District located at 6310 Delaware is hereby granted to DCJC Properties,
LLC, its legal representatives, successors and assigns, as described in Exhibit "A" and
shown on Exhibit "B" attached hereto and made a part hereof for all purposes subject to
a modification to the landscaping/screening requirements along the north property line (no
8' tall screening fence and 10' wide landscape strip).
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "C"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
February, 2010.
- Mayor Becky Ames -
r
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEGINNING at an iron rod/cap marking the southeast corner of the herein described
tract and the southwest corner of Stone Manor, a Planned Unit Development, plat of
which is recorded under County Clerk's File No. 2008030316 of the Official Public
Records of Real Property, Jefferson County, Texas, said corner being located in the north
line of Delaware Street, a 100 foot (100') wide public street right-of-way;
THENCE with the south line of said 3.0248 acre BNG2, Inc. tract, the north right-of-way
line of Delaware Street, and the south line of the herein described tract, South 86 degrees
41 minutes 51 seconds West (S 86°41'51"W) for a distance of 150.00 feet (150.00') an
iron rod/cap marking the southwest corner of the herein described tract',
THENCE with the west line of the herein described tract, North 03 degrees 33 minutes
37 seconds West (N 03°33'37" W) for a distance of 290.08 feet (290.08') to an iron
rod/cap marking the northwest corner of the herein described tract, said corner also being
in the most southerly line of that certain 2.6259 acre tract conveyed by Talisman
Development, Inc. to Jefferson County Drainage District No. 6 (DD6), said tract being an
ell-shaped drainage right-of-way, as recorded under County Clerk's File No. 2007006342
of the Official Public Records of Real Property, Jefferson County, Texas.
THENCE with the southerly line of said 2.6259 acre DD6 tract, and the north line of the
herein described tract, North 86 degrees 26 minutes 23 seconds East (N 86°26'23" E) for
a distance of 150.00 feet (150.00') to an iron rod/cap marking the northeast corner of the
herein described tract, said corner also marking the northwest corner of Stone Manor, A
Planned Unit Development,
THENCE with the west line of said Stone Manor and the east line of the herein described
tract, South 03 degrees 33 minutes 37 seconds East (S 03°33'37" E) for a distance of
290.76 feet (290.76') to the PLACE OF BEGINNING.
CONTAINING IN AREA 1.0001 acres (43,563 square feet) of land, more or less.
EXHIBIT "A"
File 2019-P: Request for a specific use permit to allow a real estate office in a PUD
Tanned Unit Development) District.
Location: 6310 Delaware
Applicant: DOC Properties, LLC
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4
February 2,2010
Consider approving an abandonment of a portion of 8" Street between Blanchette and Milam
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ILI All
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
L)�
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: February 2, 2010
REQUESTED ACTION: Council consider an abandonment of a portion of 80' Street
between Blanchette and Milam.
RECOMMENDATION
The Administration recommends approval subject to the following condition:
• A 60' wide general utility easement shall be retained.
BACKGROUND
The Beaumont Independent School District (BISD) has requested the abandonment.
BISD has demolished the old Fehl Elementary School and is building a new school as part of the
BISD bond program. Eighth Street, between Milam and Blanchette, is unimproved. However,
over the years, BISD has used the right-of-way for bus parking and a parking lot for Fehl
Elementary School.
Now that the new school is being built and wishes to utilize a portion of the right-of-way, BISD
is asking that the entire length of 8" Street, between Milam and Blanchette be abandoned.
This item was sent to all interested parties. AT&T has an aerial pole lead and underground
conduit run in the right-of-way. AT&T objects to the abandonment unless the entire right-of-
way is retained as a general utility easement.
At a Public Hearing held January 25, 2010, the Planning Commission recommended approval
8:0 of an abandonment of a portion of 8`' Street between Blanchette and Milam, subject to the
following condition:
• A 60' wide general utility easement shall be retained.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLEDAN ORDINANCE VACATING AND ABANDONING
A 60' x 860' PORTION OF 8TH STREET BETWEEN
BLANCHETTE AND MILAM STREETS, BEAUMONT,
JEFFERSON COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT a portion of 8th Street between Blanchette and Milam Streets, being a 60' x 860'
portion of 8th Street, beginning atthe north right-of-way line of Blanchette Street, continuing
in a northerly direction and ending at the south right-of-way line of Milam Street, City of
Beaumont, Jefferson County, Texas, containing 1.18 acres, more or less, as shown on
Exhibit "A" attached hereto, be and the same is hereby vacated and abandoned and that
title to such property shall revert to and become the property of the persons entitled
thereto, as provided by law, subject to the retention of a 60' wide general utility easement.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
February, 2010.
- Mayor Becky Ames -
File 752-OB: Request for the abandonment of a portion of Eighth Street.
Location: Between Blanchette and Milam
Applicant: Beaumont Independent School District
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EXHIBIT "A°
5
February 2,2010
Consider authorizing the City Manager to execute Industrial District Contracts with Koch
Nitrogen Company, LLC, and Koch Nitrogen International Sarl
I
RICH WITH OPPORTUNITY
Cr , �
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: February 2, 2010
REQUESTED ACTION: Council consider authorizing the City Manager to execute
Industrial District Contracts with Koch Nitrogen Company,
LLC, and Koch Nitrogen International Sari.
RECOMMENDATION
The Administration recommends approval of a resolution authorizing the City Manager to
execute Industrial District Contracts with Koch Nitrogen Company, LLC, and Koch Nitrogen
International Sari.
BACKGROUND
Industrial District Contracts enable the City to collect payments in lieu of taxes from industries
located outside the city limits.
Koch Nitrogen Company, LLC, and Koch Nitrogen International Sari, store inventory in tanks on
the site of Martin Gas Sales on Gulf States Road. The City is entering into initial industrial
contracts with both companies that will be effective January 1, 2010. The in-lieu of tax payment
will be based on a ratio of 80% of property taxes due to the City as if the industry were located
within the city limits in 2010 and 2011 and 75% of property taxes due to the City in 2012
through 2015. The 2010 payment by each company will be calculated based on 80% of the
assessed value multiplied by the tax rate effective on October 1, 2009. Payments for 2010 will
be due to the City on March 1, 2010.
A copy of the agreements are attached for your review.
BUDGETARY IMPACT
The estimated FY 2010 payments for Koch Nitrogen Company, LLC, and Koch Nitrogen
International Sari, are $23,208 and $53,112, respectively. These payments were not included in
the FY 2010 Budget.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT.-
THAT the City Manager be and he is hereby authorized to execute Industrial District
Contracts with Koch Nitrogen Company, LLC, and Koch Nitrogen International Sarl
effective January 1, 2010. The agreements are substantially in the form attached hereto
as Exhibits "A" and "B" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
February, 2010.
- Mayor Becky Ames
DRAFT
"THE STATE OF "TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This Agreement is made under the authority of Section 42.044 of the Texas Local
Government Code.
The parties to the Agreement are The City of Beaumont, a municipal corporation and a
home-rule city located in Jefferson County, Texas, hereinafter called "CITY," and Koch
Nitrogen Company, LLC, hereinafter called "COMPANY."
PREAMBLE
WHEREAS, Company owns inventory which is stored on the site of Martin Terminal
Company. The City has established an industrial district comprising a certain part of the extra-
territorial jurisdiction of the City, such industrial district being known as the City of Beaumont
Industrial District.
WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to
contribute to the revenue needs of said City in an amount commensurate with the burdens placed
upon the City and benefits derived by the Company by reason of being located immediately
adjacent to said City.
WHEREAS, the Company and the City desire to base the industrial district payment on
assessed value to ensure equity among the companies.
In view of the above and foregoing reasons, and in consideration of the mutual
agreements herein contained, Company and City hereby agree as follows:
1
S AGENDA',AGENDA i rFM MEMOSVDraft Koch Nitrogen Company 2010-Feb Mtg doc
EXHIBIT "A"
DRAFT
ARTICLE I
COMPANY'S OBLIGATION
Annual Payment on Company's Property
1. Commencing with the calendar year 2010 and each calendar year thereafter for the
duration of this Contract, the Company will pay the City a certain sum which will be computed
on the assessed value of the Company's inventory located on the site owned by the Martin
Terminal covered by this contract. (Herein "the properties")
2. By the term "Assessed Value" is meant the 100% valuation of the Company's
properties, as determined by the Jefferson County Appraisal District for the previous tax year.
3. The term "assumed City taxes due" shall be calculated by the following formula:
Assumed City Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
4. Payment Procedures
The procedures for determining and making such payments shall be as follows:
(a) The payment for 2010 shall be due and payable on or before March 1, 2010, and
calculated as follows:
2
DRAFT
Assumed City Taxes Due:
Assessed Value/ 100 X Current City Tax Rate = Assumed City Tax Due
Year 1 80% of Assumed City Taxes Due = 2010 Payment
Each October thereafter, the Chief Financial Officer shall obtain the most recent
assessed values as set by the Jefferson County Appraisal District for the Company's inventory,
having taxable situs within the areas described in this agreement; for example, in October, 2009,
the 2009 assessed values shall be used for the March 1, 2010 payment.
If the assessed values for the period required are in question and/or under
litigation with the Jefferson County Appraisal District, payment shall be computed on the most
recent certified values from the Jefferson County Appraisal District. The Company shall notify
the City following resolution of the appraised value question and an adjustment for the payment,
without interest, will be made within thirty (30) days following such resolution.
(b) After the assessed value of the Company's properties has been determined, the
payments due hereunder shall be calculated in accordance with the following schedule:
The 2011 payment shall be 80% of assumed City taxes due.
The 2012 - 2015 payments shall be 75% of assumed City taxes.
(c) City hereby agrees to bill Company for its payments due hereunder on or before
January 1 each year. Company shall pay to City the amount billed on or before February 1 each
year, beginning in 2011. Upon receiving the final payment, the Chief Financial Officer shall
issue an official receipt of said City acknowledging full, timely, final and complete payment due
S'.AGEN U A,A GENID A ITEM MEMOSdhnB Kuch Nivngen Company^010-Feb 2 Mlg doc
i
DRAFT
by said Company to City for the property involved in this Agreement for the year in which such
payment is made. If payment is not made on or before any due date, the same penalties, interest,
attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in
the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments
which otherwise would have been paid to the City had Company been in the City limits of City
will be recaptured and paid to the City within 60 days of any such event.
ARTICLE II
PROPERTY COVERED BY AGREEMENT
This instrument will reflect the intention of the parties hereto that this instrument shall
govern and affect the inventories of Company located on the site of Martin Terminal as shown
on the records of the Jefferson County Appraisal District which are within the extra-territorial
jurisdiction of the City of Beaumont.
ARTICLE III
TERMINATION OF BREACH
It is agreed by the parties to this Agreement that only full, complete and faithful
performance of the terms hereof shall satisfy the rights and obligations assumed by the parties
and that, therefore, in addition to any action at law for damages which either party may have,
Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter
amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled
to obtain such other equitable relief, including specific performance of the Agreement, as is
necessary to enforce its rights. It is further agreed that should this Agreement be breached by
Company, the City shall be entitled, in addition to any action at law for damages, to obtain
4
DRAFT
specific performance of this Agreement and such other equitable relief necessary to enforce its
rights.
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be for six (6) years, commencing January 1, 2010, and
ending on December 31, 2015.
ARTICLE V
NOTICES
Any notice provided for in this Contract, or which may otherwise be required by law
shall be given in writing to the parties hereto by Certified Mail addressed as follows:
TO CITY TO COMPANY
City Manager
City of Beaumont Koch Nitrogen Company, LLC
801 Main PO Box 2900
Beaumont, Texas 77704 Wichita, KS 67201-2900
ARTICLE VI
CONTINUATION
If this Agreement shall be held invalid by any court of competent jurisdiction, such
holding shall not affect the right of City to any payment made or accruing to City hereunder prior
to such adjudication, and this provision is intended to be an independent and separable provision
not to be affected by such adjudication.
5
S,1G[7NDA',AGENDA 11F.M M[MOSDrafl Koch Nitrogen Companv 2010-Feb 2 Mig doc
DRAFT
IN WITNESS THEREOF, this Agreement, consisting of 6 pages, is executed in duplicate
counterparts as of this _ day of , 2010.
CITY OF BEAUMONT, TEXAS
By:
Kyle Hayes
City Manager
ATTEST:
Tina Broussard
City Clerk
KOCH NITROGEN COMPANY, LLC
By:
ATTEST:
6
DRAFT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This Agreement is made under the authority of Section 42.044 of the Texas Local
Government Code.
The parties to the Agreement are The City of Beaumont, a municipal corporation and a
home-rule city located in Jefferson County, Texas, hereinafter called "CITY," and Koch
Nitrogen International Sari, hereinafter called "COMPANY."
PREAMBLE
WHEREAS, Company owns inventory which is stored on the site of Martin Terminal.
The City has established an industrial district comprising a certain part of the extra-territorial
jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial
District.
WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to
contribute to the revenue needs of said City in an amount commensurate with the burdens placed
upon the City and benefits derived by the Company by reason of being located immediately
adjacent to said City.
WHEREAS, the Company and the City desire to base the industrial district payment on
assessed value to ensure equity, among the companies.
In view of the above and foregoing reasons, and in consideration of the mutual
agreements herein contained, Company and City hereby agree as follows:
1
S`AGENDA,AGENDA ITEM MEMOSVDraft Koch Nitrogen International 2010-Feb 2 Nltg doc
EXHIBIT "B"
DRAFT
ARTICLE I
COMPANY'S OBLIGATION
Annual Payment on Company's Property
1. Commencing with the calendar year 2010 and each calendar year thereafter for the
duration of this Contract, the Company will pay the City a certain sum which will be computed
on the assessed value of the Company's inventory located on the site owned by the Martin
Terminal covered by this contract. (Herein "the properties")
2. By the term "Assessed Value" is meant the 100% valuation of the Company's
properties, as determined by the Jefferson County Appraisal District for the previous tax year.
3. The term "assumed City taxes due" shall be calculated by the following formula:
Assumed Citv Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
4. Payment Procedures
The procedures for determining and making such payments shall be as follows:
(a) The payment for 2010 shall be due and payable on or before March 1, 2010, and
calculated as follows:
S AGENDA AGENDA ITEM MEMOS.Draft Koch Nit rogen Intematlon at 2010-Fcb 2 Mtg A;
DRAFT
Assumed City Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
Year 1 80% of Assumed City Taxes Due = 2010 Payment
Each October thereafter, the Chief Financial Officer shall obtain the most recent
assessed values as set by the Jefferson County Appraisal District for the Company's inventory,
having taxable situs within the areas described in this agreement; for example, in October, 2009,
the 2009 assessed values shall be used for the March 1, 2010 payment.
If the assessed values for the period required are in question and/or under
litigation with the Jefferson County Appraisal District, payment shall be computed on the most
recent certified values from the Jefferson County Appraisal District. The Company shall notify
the City following resolution of the appraised value question and an adjustment for the payment,
without interest, will be made within thirty (30) days following such resolution.
(b) After the assessed value of the Company's properties has been determined, the
payments due hereunder shall be calculated in accordance with the following schedule:
The 2011 payment shall be 80% of assumed City taxes due.
The 2012 - 2015 payments shall be 75% of assumed City taxes.
(c) City hereby agrees to bill Company for its payments due hereunder on or before
January 1 each year. Company shall pay to City the amount billed on or before February 1 each
year, beginning in 2011. Upon receiving the final payment, the Chief Financial Officer shall
issue an official receipt of said City acknowledging full, timely, final and complete payment due
S VAGENDAVAGENDA ITEM MEMOSVDraft Koch Nitrogen International 1010-Feb 2 Mtg doc
DRAFT
by said Company to City for the property involved in this Agreement for the year in which such
payment is made. If payment is not made on or before any due date, the same penalties, interest,
attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in
the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments
which otherwise would have been paid to the City had Company been in the City limits of City
will be recaptured and paid to the City within 60 days of any such event.
ARTICLE II
PROPERTY COVERED BY AGREEMENT
This instrument will reflect the intention of the parties hereto that this instrument shall
govern and affect the inventories of Company located on the site of Martin Terminal as shown
on the records of the Jefferson County Appraisal District which are within the extra-territorial
jurisdiction of the City of Beaumont.
ARTICLE III
TERMINATION OF BREACH
It is agreed by the parties to this Agreement that only full, complete and faithful
performance of the terms hereof shall satisfy the rights and obligations assumed by the parties
and that, therefore, in addition to any action at law for damages which either party may have,
Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter
amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled
to obtain such other equitable relief, including specific performance of the Agreement, as is
necessary to enforce its rights. It is further agreed that should this Agreement be breached by
Company, the City shall be entitled, in addition to any action at law for damages, to obtain
S.AGENT)A'AGFNDA FIFN9 WNIOSIDrA Koch N1Irogen I wernation n 1 2010-Feb 2 Mtg doC
DRAFT
specific performance of this Agreement and such other equitable relief necessary to enforce its
rights.
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be for six (6) years, commencing January 1, 2010, and
ending on December 31, 2015.
ARTICLE V
NOTICES
Any notice provided for in this Contract, or which may otherwise be required by law
shall be given in writing to the parties hereto by Certified Mail addressed as follows:
TO CITY TO COMPANY
City Manager
City of Beaumont Koch Nitrogen International Sarl
801 Main PO Box 2900
Beaumont, Texas 77704 Wichita, KS 67201-2900
ARTICLE VI
CONTINUATION
If this Agreement shall be held invalid by any court of competent jurisdiction, such
holding shall not affect the right of City to any payment made or accruing to City hereunder prior
to such adjudication, and this provision is intended to be an independent and separable provision
not to be affected by such adjudication.
5
S AGFND-AAAGENDA I FEM MEMOSVDrafl Koch Nitrogen International 2010-Feb 3 Mtg doc
DRAFT
IN WITNESS THEREOF, this Agreement, consisting of 8 pages, is executed in duplicate
counterparts as of this day of , 2010.
CITY OF BEAUMONT, TEXAS
By:
Kyle Hayes
City Manager
ATTEST:
Tina Broussard
City Clerk
KOCH NITROGEN INTERNATIONAL SARI.
By:
ATTEST:
S AGENDA AGENDA ITEM NIFN10SlDrA K-h N:t-gen International 2010-Feb'_Mw fil
6
February 2,2010
I
Consider amending Section 26-93 (b) of the Code of Ordinances related to noncommercial
parades and the costs for Police, cleanup and other services provided by the city
RICH WITH OPPORTUNITY"
[I 17C
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: February 2, 2010
REQUESTED ACTION: Consider amending Section 26-93 (b) of the Code of
Ordinances related to noncommercial parades and the costs
for Police, cleanup and other services provided by the city.
RECOMMENDATION
The Administration recommends approval of amending Section 26-93 (b) of the Code of
Ordinances.
BACKGROUND
In the existing Ordinance related to a noncommercial parade permit, it states "Police, cleanup
and other services will be paid by the city." The Administration recommends changing the
sentence to "Police, cleanup, and other services may be paid by the city." This change will allow
the Administration the flexibility to deny various requests for Police and cleanup services when
staffing and financial resources are not available to meet the needs of a particular request. A
copy of the existing ordinance is attached.
Franklin Legal Publishing - Document Page 1 of 1
Sec.26-93.Permit fees;reimbursement of costs.
(a) An application for a permit to conduct a commercial parade shall be accompanied by a
nonrefundable permit fee of two hundred fifty dollars ($250.00) to reimburse the city for
administrative costs incurred as a result of the conduct of such parade. The applicant for a
commercial parade permit will also be responsible for police costs, cleanup expenses, and other
service costs identified by the city. An estimate of these costs will be provided when the permit is
secured.
(b) An application for a permit to conduct a noncommercial parade shall be accompanied by a
nonrefundable permit fee of two hundred fifty dollars ($250.00) to reimburse the city for
administrative costs incurred as a result of the conduct of such parade. Police, cleanup, and other
services will be paid by the city. Parades sponsored or co-sponsored by the City of Beaumont, as
determined by the City Manager, will not be subject to permit fees or the reimbursement of costs as
stated above. Examples of city-sponsored or co-sponsored parades presently include the Christmas
Parade, MLK Parade and Neches River Parade.
http://codes.franklinlegal.net/beaumont-flp/lpext.dll/Infobase/heading%20100109.htm/hea... 1/26/2010
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 26,
ARTICLE IV, PARADES, SECTION 26-93(b) OF THE CODE
OF ORDINANCES OF THE CITY OF BEAUMONT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 26, Section 26-93(b) of the Code of Ordinances of the City of Beaumont be
and the same is hereby amended to read as follows:
Sec. 26-93. Permit fees; reimbursement of costs.
(b) An application for a permit to conduct a noncommercial parade shall
be accompanied by a nonrefundable permit fee of two hundred fifty dollars
($250.00) to reimburse the city for administrative costs incurred as a result
of the conduct of such parade. Police, cleanup, and other services may be
paid by the city. Parades sponsored or co-sponsored by the City of
Beaumont, as determined by the City Manager, will not be subject to permit
fees or the reimbursement of costs as stated above. Examples of city-
sponsored or co-sponsored parades presently include the Christmas Parade,
MLK Parade and Neches River Parade.
Section 2.
THAT if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason
held to be invalid, such invalidity shall not affect the remaining portions of this ordinance,
and to such end the various portions and provisions of this ordinance are declared to be
severable.
Section 3.
THAT all ordinances or parts of ordinances in conflict herewith are repealed to the extent
of the conflict only.
Section 4.
THAT any person who violates any provision of this ordinance shall, upon conviction, be
punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
February, 2010.
- Mayor Becky Ames -