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Home My WebLink AboutPACKET AUG 03 2010 RICH WITH OPPORTUNITY r T • E • % • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 3, 2010 1:30 P.M. CONSENT AGENDA * Approval of minutes - July 27, 2010 * Confirmation of committee appointments A) Authorize the City Manager to execute all documents necessary, specifically including an agreement with West Publishing Corporation for police use of their database service B) Amend Resolution No. 99-373 whereby the names of Brownstone Lane and Brownstone Street will be changed to Sterling Lane and Stephen Lane,respectively C) Amend Resolution No. 99-96 whereby the name of Taft Street will be changed to Brownstone Drive D) Authorize the City Manager to enter into an agreement with Bechtel-Jacobs agent for Motiva Enterprises, LLC,to provide temporary traffic signals on Spur 93 at a Motiva park and ride facility located North of FM 3514 E) Approve a contract for merchant card services F) Approve a contract to offer electronic payment methods to customers G) Authorize the City Manager to execute a one year Lease Agreement with Texas Military Forces A RICH WITH OPPORTUNITY I'Lo ► � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police MEETING DATE: August 3, 2010 REQUESTED ACTION: Consider a Resolution authorizing the City Manager to execute all documents necessary, specifically including an agreement with West Publishing Corporation for police use of their database service. RECOMMENDATION Administration recommends approval of a new agreement with West Publishing Corporation to add Web Analytics to the Police Department's access of the CLEAR database. BACKGROUND The Police Department contracts with a single public record database service to provide comprehensive information that's useful to investigations. A single database search yields broad results including name, address and business associations, in addition to vehicle links, public utilities and credit bureau information. Currently, the Department uses West Publishing's Consolidated Lead Evaluation and Reporting (CLEAR) service. Under the present agreement, ten users within the Department are allowed unlimited searches for a fee of$700 per month. These searches are frequently used during criminal as well as internal investigations. West recently added the Web Analytics feature to their service. Web Analytics adds internet based information to CLEAR search results such as information from social networks, blogs, chat rooms, business information sites, official watch lists of sex offenders, felons, terrorists, and terrorist organizations, along with hundreds of U.S. and international newspapers, magazines, and news wires. This added information will be equally as useful as what is provided in the standard CLEAR search. The addition of Web Analytics to our current CLEAR service contract requires a new agreement with West, and adds $93.10 per month to the current fee, for a total of $793.10 per month. BUDGETARYIMPACT Funds are available in the FY2010 Police Contract Services 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 all documents necessary, specifically including an agreement with West Publishing Corporation, substantially in the form attached hereto as Exhibit"A,"to add Web Analytics to the Police Department's access of the CLEAR database. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of August, 2010. - Mayor Becky Ames - Consolidated Lead Evaluation and Reporting WESTo (CLEAR) Services Subscriber Agreement AThomson Reuters business AGREEMENT entered into between("Subscriber")as set forth on the West Government Services order form("Order Form")and WEST PUBLISHING CORPORATION,a Thomson Reuters business("West")regarding CLEAR and associated ancillary services("Services"),as follows: 1. Services. Subscriber may subscribe to Services using West's proprietary databases and and/or various government entities may require Subscriber to identify a permissible use and may information obtained from West's suppliers by submitting a then-current Order Form. Services inquire as to Subscriber's compliance with applicable laws or this Agreement. Subscriber agrees are licensed to Subscriber subject to the terms and conditions of this Agreement, the Order to cooperate with any inquiry, subject to any attomey-client confidentiality. Subscriber shall Form,the applicable CLEAR Schedule A,or as otherwise agreed to by the parties in writing. report to West any misuse,abuse,or compromise of Data of which Subscriber becomes aware. 2. License. b. Protection of Personal Information. West and Subscriber acknowledge that both a. Grant. Subscriber is granted a non-exclusive, non-transferable, limited license to parties may be required to comply with various privacy and security requirements,including but access Services. Services consist of various West-owned and supplier databases,services, not limited to those set forth in paragraph 3.a.above, the European Union Directive on Data functions and remotely-accessed gateways,which may change from time to time. Access to Protection (95146)and all other applicable legal directives and applicable industry standards certain Services may be restricted. Subscriber is licensed to use data made available through (collectively"privacy laws")pursuant to which each party wishes to obtain certain undertakings Services("Data")solely for the permissible purposes identified herein or otherwise authorized by from the other with regard to the use and protection for the Personal Information of either party. West in writing,which takes precedence over the license granted in this paragraph. For purposes of this Agreement, "Personal Information"shall refer to,without limitation, the b. Use Limitations/End User. Subscriber may not copy, download, scrape, store, following types of information: name,address, e-mail address,age,date of birth,telephone publish,transmit,retransmit,transfer,distribute,disseminate,broadcast,circulate,sell,resell,or number,fax,drivers license number,social security number or equivalent or similar government otherwise use the information in any form or by any means,except(i)as expressly permitted by identification numbers, credit/debit card information, bank account information, logins, this Agreement,or(ii)with West's prior written permission. Downloaded information shall not passwords,or medical or health records of an identifiable human being. Each party shall be be stored or used in an archival database or other searchable database except as expressly responsible for any collection,access,use and disclosure of Personal Information subject to this permitted by this Agreement. Subscriber shall not sell, license or distribute information Agreement. Without limiting the foregoing,each party shall employ appropriate administrative, (including printouts or downloaded information)to any other parties or use information as a physical,and technical safeguards in order to sufficiently protect the Personal Information and component of or as a basis for any material offered for sale,license or distribution. Subscriber any information assets and resources in question. Each party shall promptly notify the other of shall keep confidential any information that Subscriber receives from Services, except to any event that may result in the unauthorized collection, access,use,or disclosure of Personal Subscriber employees in the United States of America whose duties reasonably relate to the Information subject to this Agreement("Information Protection Incident"). The parties shall make legitimate business purposes for which the information is requested. Subscriber warrants that it reasonable efforts to assist one another in relation to the investigation and remedy of any such is the end user of the information,and agrees to limit use and dissemination of information from Information Protection Incident and any claim,allegation,action,suit,proceeding, or litigation Services solely to the permissible uses stated by Subscriber in the application and online. with respect to the unauthorized access, use, or disclosure of Personal Information. Subscriber acknowledges that West is providing Data to support Subscriber's own processes Furthermore, any access to or use of Personal Information must be in accordance with all and decisions,and Subscriber should not deny any service or access based solely on Data or applicable law. No individual shall access records that require a permissible purpose unless results provided by West. Subscriber is responsible for any denial of services or access and such a purpose exists for such individual. For purposes of its obligations hereunder,any acts or Subscriber will not deny such service or access without first conducting an appropriate review omissions by the personnel of each party shall also be deemed to be the acts or omissions of and adjudication process.West may at its option exclude certain databases and information West and/or Subscriber,respectively. from the Services set forth herein,as the result of a modification in West policy,a modification of 4. Charges and Modification of Charges. Charges payable for access to Services will be supplier agreements,a modification in industry standards,a security event or a change in law or as stated on the Order Form and the applicable Schedule A or as otherwise agreed upon by the regulation. parties in writing. Charges shall commence on the date Subscriber first accesses Services or as c. Rights in Data. Except for the license granted in this Agreement,all rights,title and otherwise stated on the Schedule A or Order Form. Except as may be otherwise set forth herein interest in the databases and information,in all languages,formats and media throughout the or in the Order Form,charges may be modified at any time upon notice to Subscriber in writing world,including all copyrights,are and will continue to be the exclusive property of West and its or online. Subscriber will pay all invoices in full within 30 days from date of invoice. Charges suppliers. Subscriber shall use such information consistent with such rights,title and interest are exclusive of sales,use,value added tax(VAT)or equivalent,ad valorem,personal property and notify West of any threatened or actual infringement thereof. and other taxes,which are the responsibility of Subscriber. If full payment is not made, 3. Usage Restrictions and Information Protection. Subscriber may be charged up to the maximum legal interest allowed under applicable law on a. Use of CLEAR Data. Subscriber shall not use any Data and shall not distribute any unpaid balance. Subscriber is responsible for all excluded charges as incurred("Excluded any Data to any other party for use in a manner contrary to or in violation of any applicable Charges"). West may, at its option, make certain Services Excluded Charges 'd West is federal,state,or local law,rule or regulation. West is not a consumer reporting agency,and contractually bound or otherwise required to do so by a supplier of Data or if the Services are Subscriber certifies that it will not use any Data as a factor in establishing a consumer's eligibility enhanced or released after the effective date of the Subscriber Agreement and Order Form. for credit or insurance to be used primarily for personal, family, or household purposes,for Subscriber's access to and use of any such excluded databases and information shall be billed employment purposes or for any other purpose authorized under section 1681b of the Fair to Subscriber at then current rates in addition to any other applicable fees. In the event Credit Reporting Act(15 U.S.C.A.§ 1681 b). Subscriber acknowledges that access to certain Subscriber is charged a monthly guarantee for usage,West will review Subscriber's actual Data available through the Services,including but not limited to credit header data,motor vehicle monthly charges based upon the then-current monthly guarantee. In the event Subscriber's data,driver license data,and voter registration data is regulated by state or federal laws,such actual charges during a month exceed by more than three times the then-current monthly as the Gramm Leach Bliley Act("GLBAI,the Driver's Privacy Protection Act("DPPA"),or other guarantee,West may limit access to live gateways for the remainder of the month. state or federal laws and regulations,or is subject to any other restrictions. Subscriber agrees 5. Subscriber Credentials. Subscriber acknowledges and understands that West will only not to access such Data for any purpose that is not allowed by the GLBA,by the DPPA,by any allow Subscriber to access Services if Subscriber's credentials can be vehed in accordance other applicable state or federal laws or regulations,or that is contrary to any other restrictions. with West internal credentialing procedures. Subscriber shall notify West immediately of any If Subscriber is permitted to purchase motor vehicle records("MVR Data")from West,without in changes to the information on Subscriber's application for Services and, if at any time any way limiting Subscriber's obligations to comply with all state and federal laws governing use Subscriber no longer meets such credentialing requirements, West may terminate this of MVR Data,the following specific restrictions apply and are subject to change: Agreement. • Subscriber shall not use any MVR Data provided by West,or portions of information 6. Disclaimer of Warranties and Limitation of Liability. EXCEPT AS SPECIFICALLY contained therein,to create or update a file to the end that Subscriber develops its PROVIDED HEREIN, DATA AND SERVICES ARE PROVIDED "AS IS," WITHOUT own source of driving history information. WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO, • As requested by West, Subscriber shall complete any state forms that West is WARRANTIES OF PERFORMANCE,MERCHANTABILITY, FITNESS FOR A PARTICULAR legally or contractually obligated to obtain from Subscriber before serving PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. Subscriber with state MVR Data. V31W"ER-ll NOR ITS•-SUPPHERS-SHALL-SE--L+AEL-E-TG-St1MGMB•ER-OR • West(and its suppliers)may conduct reasonable and periodic audits of Subscriber's PERS05"LAIMING THROUGH SUBSCRIBER OR TO WHOM SUBSCRIB,ER,-MAf HAVE use of MVR Data. Subscriber shall maintain for a period of three (3) years a PROVIDED SERVICE-RPlzA;1=D INFORMATION FOR ANY LOSS.ORIN39RY ARISING OUT complete and accurate record,including identity and purpose,of every access to OF OR CAUSED IN WHOLE 3M e.ART BY WEST.S.-OR ITS SUPPLIERS' NEGLIGENT any Personal Information in MVR Data in its system. Further,in response to any ACTS OR OMISSIONS IN PROCUOkt�,_OMOLING, COLLECTING, INTERPRETING, audit,Subscriber must be able to substantiate the reason for each MVR Data order. REPORTING, COMMUNICATING,OR-DELIVERING>QATA OR OTHERWISE PERFORMING West retains the right to temporarily or permanently block access to certain Data if West,in its THIS AGREEMENT. SUBSCRIBER ACKN0INLEDGES'THAT EVERY BUSINESS DECISION sole discretion, believes that the Data may be used for an improper purpose or otherwise in INVOLVES ASSUMPTION OF A RISK,AND THAT NEITHER 0`NOR ITS SUPPLIERS violation of the terms of this Agreement,that a change in law or policy requires such access UNDERWRIT, I THAT RISK IN ANY MANNER WHATSOEVER.OR S SUPP ANDING THE restriction or that the terms of West's supplier agreements requires West to block such access. FOREG(1I3E IF LIABILITY CAN BE IMPOSED ON WEST OR ITS REGATE LI THEN By accessing Data, Subscriber acknowledges that from time to time,West and its suppliers SfB AGREES-IBA.T-WEST=S AND/OR,FTS=SUPPLIERS'AGGREGATE LIABIt 1 EXHIBIT "A" FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION-OF 12. Force Majeure. West's performance under this Agreement is subject to interruption and WEST AND/OR ITS SUPPLIERS IN CONNECTION WITH THIS AGREEMENT,REGARDLESS delay due to causes beyond its reasonable control, such as acts of God, acts of any OF THE CAUSE OF THE LOSS OR INJURY, INCLUDING NJ�G GENCE, AND government,war or other hostility, civil disorder, the elements,fire, explosion, power failure, RRDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE°RIGHT CLAIMED TO equipment failure,industrial or labor dispute,inability to obtain necessary supplies and the like. HAV Q,EEN VIOLATED,SHALL NEVER EXCEED THE COST OF-fkE CHARGES PAID BY 13. Notices. Except as otherwise provided herein, all notices must be in writing to West at SUBSCRIBER RELATIVE TO THE SPECIFIC DATA ORE'SERVICE (i,e., DATABASE, 610 Opperman Drive,P.O. Box 64833, St. Paul, Minnesota 55164-1803,Attention: Customer SERVICE, FONCTIQN OR GATEWAY)WHICH IS THE BASIS OF THE CLAIM(S) DURING Service,and to Subscriber at the address set forth below. THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. 14. Gene r yr ons. This Agreement will be governed by and construed under the law of SUBSCRIBER COVENANTS NO PROMISES THAI IT WILL NOT SUE WEST AND/OR ITS the state of U.S.A.without re cc cc fli Is f la) vysio�Cp irties agree SUPPLIERS FOR AN AMOUNT EATER T AN SUCH SUM EVEN IF WEST AND/OR ITS that the state and federal courts sitting I�I�WG 4, c siv on over any SUPPLIERS WERE ADVISED OF TH P SIBILITY OF SUCH DAMAGES AND THAT IT claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such WILL NOT SEEK PUNITIVE DAMAG IN ANY ACTION AGAINST WEST AND/OR ITS courts. Neither this Agreement nor any part or portion may be assigned, sublicensed or SUPPLIERS,ALL IN CONSIDERATI OF E RECEIPT BY SUBSCRIBER OF SERVICES otherwise transferred by Subscriber without West's prior written consent. Should any provision AT THE RATES CHARGED BY EST, HER NDER, WHICH ARE FAR LOWER THAN of this Agreement be held to be void,invalid,unenforceable or illegal by a court,the validity and WOULD BE AVAILABLE TO BSCRIBER ABS T THE WAIVERS AND DISCLAIMERS enforceability of the other provisions will not be affected thereby. Failure of any party to enforce CONTAINED HEREIN. 1 0 EVENT SHALL ST, ITS AFFILIATES AND/OR ITS any provision of this Agreement will not constitute or be construed as a waiver of such provision SUPPLIERS BE LIABLE SUBSCRIBER FOR ANY C IM(S)RELATING IN ANYWAY TO or of the right to enforce such provision. The headings and captions contained in this (i)SUBSCRIBER'S INN ILITY OR FAILURE TO PERFOR VESTIGATORY WORK OR TO Agreement are inserted for convenience only and do not constitute a part of this Agreement. PERFORM SUC NVESTIGATORY WORK PROPERLY COMPLETELY, EVEN IF 15. Ideas and Concepts. Any and all title, ownership rights,and intellectual property rights ASSISTED BY ST,ITS AFFILIATES OR ITS SUPPLIERS,OR Y DECISION MADE OR concerning any ideas,concepts,suggestions,materials and the like that Subscriber provides to N ACTION TA BY SUBSCRIBER IN RELIANCE UPON DATA;OR kANY LOST PROFITS West regarding Services shall become the exclusive property of West and may be used for its OR OTHPK CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR business purposes in its sole discretion without any payment, accounting, remuneration or SPECIV DAMAGES RELATING IN WHOLE OR IN PART TO SUBSCRIBER'S RIGHTS attribution to Subscriber. v UND THIS AGREEMENT OR USE OF,OR INABILITY TO USE, DATA SERVICES. e N HER WEST NOR ITS SUPPLIERS MAKE ANY WARRANTY THAT C SS TO S RVICES WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FR NOR . DOES WEST MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL OR THIRD PARTY WEB SERVICE. SUBSCRIBER ACKNOWLEDGES THAT THE PROVISION OF SERVICES ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA. 7, Subscriber Account Maintenance. Subscriber is responsible for the administration and control of passwords by its employees,and shall identify a security administrator to coordinate with West. Subscriber shall manage all passwords,and notify West promptly if any password becomes inactive or invalid. Subscriber shall follow the policies and procedures of West with respect to account maintenance as same may be communicated to Subscriber from time to time. ' ati - F--as-etherwise--preHibited-by-fevv-and-withe+:+t�waiv+n defen which it may be entitled,Subscriber hereby agrees to protect,in efend and hold harmless--WesLaad all its suppliers from and against an costs,claims,demands, damages, losses and liabi i r actua s fees) arising from or in any way related to(i)the use,access or mis o scriber(or any other party receiving such information ism okhm Subscriber),and(ii)Subscribe s warff r__stlaer-pcovisia R44+&-Agreement 9. Limitation of Claims. Except for claims relating to CLEAR charges or improper use of Services,no claim,regardless of form,which in any way arises out of this Agreement,may be made,nor such claim brought,under this Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it. 10. Term and Termination. This Agreement will become effective upon verification by West of Subscriber's credentials in accordance with this Agreement and upon approval and acceptance by West in St.Paul,Minnesota. This Agreement and each Order Form may not be terminated by Subscriber prior to a minimum term of one year after the date West processes this Agreement and the Order Form. In the event Subscriber requests a minimum term in excess of one year as set forth in the Order Form,this Agreement may not be terminated prior to the expiration of such minimum term. This Agreement shall automatically renew on a month-to- month basis unless either party provides the other with written notice of its intent not to renew 30 days prior to the end of the then-current term.West reserves the right to increase pricing during such renewal period(s)in accordance with its standard policies and practices. Upon expiration of the minimum term or any renewal term set forth in the Order Form,either party may terminate this Agreement by providing the other party 30 days prior written notice of such termination. Notwithstanding the foregoing, West may terminate this Agreement immediately upon giving written notice of termination to Subscriber if: (i)Subscriber commits a material breach of any obligation to West under any other agreement between the parties;(ii) West discovers a material violation or breach of this Agreement;(iii)West reasonably believes that Subscriber's use of Data violates any applicable law or regulation;or(iv)Subscriber's use of Data under this Agreement may result in a risk to public safety,including but not limited to the safety of private individuals. 11. Effect of Agreement. This Agreement(which includes all applicable order forms, current and future schedules,additional terms,and the like)sets forth the entire understanding and agreement between West and Subscriber regarding the subject matter herein and supersedes any prior or contemporaneous oral or written agreements or representations,except that access to and use of West's suppliers'services may be governed by terms and conditions different than or in addition to those herein. By receipt of such supplier services, Subscriber agrees to,and shall comply with,such different and/or additional terms of suppliers and such changes to this Agreement as West shall make from time to time by notice to Subscriber. Except as otherwise provided in this Agreement,West may amend the terms and conditions of this Agreement by giving Subscriber at least 30 days prior written or online notice. Any other amendment must be in writing and signed by both parties. 3/17/10 SAM I net 766.dot WEST ORDER FORM -CLEAR 610 Opperman Drive,P.O.Box 64833 WEST, St Paul,MN 55164-1803 Tel:651/687-8000 A Thomson Reuters business Check{nest account status below av qPpflcahle. Rep Name&Number 43595-Scyrkels New (NACI Form attached) Existing with no changes X Existing with changes (Permanent name change must attach a Customer Name Change Form) _------------------------------------------------------------- Aect# 1003938165 PO# Date 5/4/2010 Name/Subscriber Beaumont Police department Bill To Acct 9 C Order Confirmation Contact Name CLEAR Contact Name (for delivery of Registration Keys, Individual users will also receive their Registration Keys if their e-mail addresses are provided) E-Mail Telephone CLEARPrimary Account ContactNarne(general business contact) E-Mail Telephone Permanent Address Change One-Time Ship To Additional Ship To Additional Bill To Name Attn: Address Suitenoor City State County Zip C CLEAR Products Section fl of Users Monthly Total Monthly FullSvelf CLEAR Produtts Banded Other CLEAR Charges 41011056 CLEAR Plus Web Analytics M 1133.00 less 30% 793.10 Notes: Total Monthly CLEAR Charges 793.10 CLEAR Charges are billed on the date West processes Subscriber's order and continue for a minimum of 12 months(-Minimum Term"). Upon conclusion of the Minimum Tenn,CLEAR Charges are billed thereafter at up to then-current rates. If Subscriber elects a lorCa Minimum Term the Monthly CLEAR Charges will be billed as set forth herein. Upon conclusion of the CLEAR Minimum Term,Monthly CLEAR Charges we billed thcreafter at up to then-current rates. Excluded Charges and Monthly CLEAR Charges(after the Minimum Term)may be modified as set forth in the Subscriber Agreement(as defined herein). Subscriber is responsible for all Excluded Charges as incurred. — Subscriber's Initials for 24 Month CLEAR Minimum Tenn Subscriber agrees to commit to a Minimum Term of 24 months and the Monthly CLEAR Charges for the second 12 months not to increase by more than %over the Monthly CLEAR Charges for the initial 12 months. Subscriber's Initials for 36 Mouth CLEAR Minimum Term Subscriber agrees to commit to a Minimum Term of 36 months and the Monthly CLEAR Charges for the second 1.2 months not to increase by more than 5 %over the Monthly CLEAR Charges for the initial 12 months and Monthly CLEAR Charges for the third 12 months not to increase by more than 5— %over the Monthly CLEAR Charges for the second 12 months. Subscriber's Initials 10 CLEAR users are employed by Subscriber at the location identified above. If West leams that the number of Subscriber's +1—affiliated CLEAR users exceeds this numbrr,West reserves the right to increase Subscriber Monthly CLEAR Charges as applicable. Internal Use On!z CLEAR#Atty I BNB Gtw,y 3 XMON 3117/10 SAMInct 749.dot F- Usage Logging Type Re wired or,and app#pable to,only accounts with arrest owers. Usage Lagging Authorized law enforcement agencies may request that user input values entered in a search or report request be"blind logged",all other customers will be restricted to "standard logging". If you have questions regarding this option,you may contact your account representative,Authorized law enforcement agencies choosing Blind Lagging should initial the Blind Logging option below,all other entities should initial the Standard Logging selection. Standard Lagging Blind logging West reserves the right to change the Logging type based upon credentialing and account validation. IP Address Section ity Add ss or IP Range is required for all CLEAR Orders: Orders will not be processed without valid IF Address(es) IP Addresses assigned to jurisdictions outside the United States or Tfest designated U.S.Territories areprohibited. Permissible IPAddress(es)will be those provided below as well as any previously provided IP Address(es)for this Subscriber. Internet Service Provider IP Address M Additional page(s)may be attached ifneeded C IF Address Range Additional page(s)may be attached if needed a k If you do not know your company's external IP address(s),try the following: 1. Contact your network administration,firewall or security team 2. Contact your Internet Service Provider,ISP(Le.Cable,DSL,Satellite,etc.) 3. Go to the following URL in your browser htto-l,Itools.whois.net/yourip!or httn:lr'N�wto.what smvip.cctm to identify your external IP address (NOTE:If you have multiple Ie IP addresses this tool will only detect one IP address) q,-,7 Technical Contact for CLEAR Products(if applicable) a Name(please print) r Telephone n E-mail CLEAR Users,My Account Administrator and Authorized QuickV ew+User Last Name First Name,M.L Emali Address Phone Number IN AD AN 9'1' TC IN=Investigator if there are additional CLEAR users additional page(s)must be submitted with the order User Type Key AD=Administrator SV=Supervisor AN=Analyst TC=Technical Subscriber shall authorize which user shall be named as the My Account Administrator. Access to My Account will allow CLEAR user management,general account information and granting access to other My Account users. Authorized My Account Administrator for CLEAR Last Name First Name,Mi. E-Mall (Required) 3117(ltf SAMinet 748.dot Subscriber shalt authorize which CLEAR users(s)shall have access to Quic1,Viavvr. Actual charges bitted by West may vary from charges reported on Qui&-View^+. Subscriber shall pay charges as billed. West does not warrant and has no liability with respect to accuracy of charges or other information on QuickWiew+. Authorized QuickVicw+Password Ilotder for CLEAR Last Dame First Name,NU. Authorized Acct.p CLEAR Renewals Subscriber Certification Section must also be completed for all Subscribers that interact with, mange or house inmates or detainees. CLEAR Products Sub Materiel Humber CLEAR Product Subscriber's Initials for 12 Mouth Renewal Term*Subscriber agrees to commit to an additional 12 months and the Monthly CLEAR Charges for the such additional 12 rftMRfiball be %more than the current Monthly CLEAR Charges in effect at the end of the current lvimitnurn Teri and/or current Renewal Terms, P Subscriber's Initials for 24 Mouth Renewal Term*Subscn mr agrees to commit to an additional 24 months.The Monthly CLEAR Charges for the rust additional 12 months shall be %more than the Monthly CLEAR Charges in effect at the end of the current Minimum Teri and/or current Renewal Tartu and time Monthly CLEAR Charges for the second additional 12 months shall be %more than the Monthly CLEAR Charges for the first additioisai 12 months. Subscriber's Initials for 36 Mouth Renewal Term*Subscriber agrees to commit to an additional 36 months.The Monthly CLEAR Charges for the first additional 12 months shall be %more than the Monthly CLEAR Charges in effect at the end of the current Minimum Term and/or current Rptewal Terms and the Monthly CLEAR Charges for the seoond additional 12 months shall be %more than the Monthly CLEAR Charges for the fuss additional 12 months. The Monthly CLEAR Charges for the third additional 12 months shah be %more than the Monthly CLEAR Charges for die second additional i2 months. *Effective at the end of the current Mmmiurm Term C'Renewal Term"). Upon conclusion o6he Renewal Term,Monthly CLEAR Charges are billed theteafer at tip to then- current totes. Excluded Charges and Monthly CLEAR Charges(after the Renewal Term)may be modified as set forth in the Subscriber Agreetem Subscriber is responsible for all Excluded Charges as incurred. During the Renewal Term and thereafter,Subscriber s access to and use of CLEAR shall be governed by the Subscriber Apeement. SubscriberCertifcation Section sired for all aceounts that interact with,manage or house inmates or detainees. Subscriber Certifications must be completed for ever}order,including renewals. Subscriber by his/her initials below certifies and acknowledges understanding and acceptance of the security limits of CLEAR and Subscriber's responsibility for controlling product,intemet and network access: Subscriber's tuitiat& Functionality o€CLEAR cannot and does not limit access to non-West Internet sites. It is the responsibility of Subscriber to control access to the Intemet.By bislher initials,Subscriber acknowledges its understanding and acceptance of the security limits of CLEAR and Subscriber's responsibility for controlling Internet access. Subscriber's Initials. Subscriber certifies that it shall be responsible for controlling network access to the Wemet or internal Subscriber sites. Subscsrraw agrees to provide its own firewall,proxy servers or other security technologies as well as desktop security to limit access to the CLEAR URL and West software. Subscriber must design,configure and implement its own security configuration. Subscriber's Initials. Subscriber shall not use any Data,and shall not distribute any Data to a third party for use,in a manner contrary to or in violation of any applicable federal,state,or local law,rule or regulation or in any manner inconsistent with the SubscriberAgreernenL Subscriber's Initials. CLEAR will be accessed by Subscriber employees only for administrative or interval busiucss purposes. All such access use will Fully comply with the following restrictions: s • In no event shall anyone other than approved Subscriber employces be provided access to or control of any terminal with wee s to CLEAR or CLEAR data. 'Terminals with CLEAR access,access credentials,and CLEAR.data will be in secured locations that do not provide inmatrldetaittce access. ■ No access shall be outsouirxd or otherwise provided to third parties. Non Avaiiab€i of Funds Clause: If Beaumont Police Department fails to appropriate or authorize the expenditure of sufficient funds to provide for the continuation of this Amendment or if a lawful o r rde issued in or for any fiscal year during the Term of this Amendment reduces the funds appropriated or authorized in such amounts as to preclude making the payments set out herein,this Amendment sball terminate on the date said funds are no longer available without any termination charges or other liability Subscriber shall provide West,a Thomson Reuters businesssawith notice not ress than thirty(30)days prior to the date of cancellation, if such time is available. Otherwise Prompt notice will suffice. Print Products/Other Products Full Svc# Print Products and Other Products antlty List-Charves Other Charges Total Charges S Terms ofPsyment for Print Products. West's standard terms of payment for print products purchased are net 30 days, West may elect to accept installment payments on the,purchase price. Installment payment terms are$ per month plus tax for approximately months until the purchase price,plus any additional amounts under this Order Form,is paid in full. Thi Form will become effective upon verification by West of Subscriber's credentials in accordance with this Order Form and upon approval and acceptance by West in St"Minnesota Subscription Service and Passwords. Subscription services may consist of updates and/or supplements to the service,including but not limited to Print Products:pocket parts,pamphlets,replacement or ancillary volumes;loose leaf pages and other related supplemental materials;all ofwhich may be billed separately at up to then-current rates. Subscriber hereby requests that West provide subscription services for the hercin-described products at tip to then-current rates until such subscription services are cancelled by West or cancelled upon written request by Subscriber. Any passwords issued herein may only be used by the person to vv°hom the password is issued and sharing of passwords is STRICTLY PROHIBITED. General Provislons. This Order F g subject to approval by West,a Thomson Reuters business("West")in St.Paul,Minnesota,and is governed by�iesata law. The state and federal courts sitting in thta v4i11 have exclusive jurisdiction over any claim arising from or related to this agreement. Applicable sales,use,personal property, value added tax(VAT)or equivalent,ad valorem and other taxes are payable by Subscribcr.�Subscriber may be charged interest for overdue installments and subscriptions and for other open account charges. If any installments,subscriptions,subscription services,CLEAR Charges or open account charges remain unpaid 30 days after becoming due,all unmatured installments,including all amounts that are or would become duo and payable for the mmuining term of Subscriber Agreement,shall become immediately due and payable at the sole,option of West Interest charged may be adjusted to the then-highest current rate allowable on M400a contracts. This Ostler Form is non-transferable. All collection fees,including but not limited to attorneys fees,are payable by Subscriber, Transportation and handling(FOB origin)charges will be added for print products. West may request a current financial statement and/or obtain consumer credit report on the undersigned individual to determine creditworthiness. West will only request consumer credit information on dtc unders igned if the undersigned is applying for credit as an.individual or if the undersigned's consumer credit information is necessary for West to consider granting credit to the aforementioned company. If Subscriber inquires whether a credit report was requested,West will provide information of such,if a report was received and the name,address and telephone number of the agency that supplied the report Returns. If Subscriber is not completely satisfied with any paint product received from West,the product may be retuned within 45 days of the invoice date for a full refund or crudk in accordance with West's up to then-current returns policies. CLEAR Charges are non-refundable- CLEAR Products to be Lapsed Full Svc ti CLEAR Products 41DI1154 CLEAR Investigator The Subscriber Agreement for Consolidated Lead Evaluation and Reporting(CLEAR)Services*and the applicable Schedule A price plan,for CLEAR Products and are hereby incorporated by reference and made part of this Order form. In the event there is a conflict between the terms and conditions(if the Subscriber Agreement and the terms and conditions of this Order Form,the terms and conditions of this Order Form shall control. Subscriber by his/her signature below,acknowledges his/her understanding and acceptance of the terms and conditions of the Subscriber Agreement. Signature X Date AUTHORIZED REPRESENTATIVE FOR ORDER FORM Printed Name Title Date Signature X For Credit Card Transactions only: Yisa Master Card Am Ex Card# Expir.Date Total Amt,to Charge 3137110 SAMIurt 74SAot Schedule A to Consolidated Lead Evaluation and WEST) Reporting (CLEAR) Services® Subscriber Agreement for Commercial Subscribers Accessing CLEAR Services AThomson Reuters lousiness Any users of CLEAR Services must be credentialed prior to accessing. 1. Transactional Charges i. Search Charges Person Search $5.00 per search Business Search 4.50 per search DE Gateway Search 10.00 per search DE Gateway Detail 15.00 per search Asset Search 5.00 per search Phone Search—Public Record Phones 3.50 per search Phone Search—Real Time Reverse Phone Number Gateway 1.50 per search License Search 5.00 per search Court Records Search 4.50 per search Web Analytics Search 1.75 per search ii. Report Charges Basic Report $10.00 per report National Comprehensive Report 15.00 per report Business Comprehensive Report 15.00 per report Add Associates to Basic Report 2.00 per report Add Associates to National Comprehensive Report 2.00 per report 2. Batch Processing Person Batch Search $0.68 per row Public Records Phone Batch Search .45 per row Reverse Phone Batch Search .40 per row 3. Training Charges Training will be provided at no charge. 3/17/10 SAMlnet 758.dot B RICH WITH OPPORTUNITY [I 11EM . � 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: August 3, 2010 REQUESTED ACTION: Council consider a request for amendments to Resolution No. 99-373 whereby the names of Brownstone Lane and Brownstone Street will be changed to Sterling Lane and Stephen Lane,respectively. RECOMMENDATION The Administration recommends approval of the amendments to Resolution No. 99-373. BACKGROUND On December 14, 1999, City Council accepted the street, storm sewer, water and sanitary sewer improvements in Brownstone Estates by adopting Resolution No. 99-373. The street names were listed in the resolution as Brownstone Place, Brownstone Lane and Brownstone Street. The final plat of the subdivision lists the street names as Brownstone Place, Sterling Lane and Stephen Lane. So that the streets will be properly maintained by the City of Beaumont,Resolution No. 99-373 needs to be amended to reflect the proper street names of Brownstone Place, Sterling Lane and Stephen Lane. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS, on December 14, 1999, City Council passed Resolution No. 99-373 accepting the street, storm sewer,water and sanitary sewer improvements for Brownstone Place, Section 1, wherein the streets were identified as Brownstone Place, Brownstone Lane and Brownstone Street; and WHEREAS, the final plat of Brownstone Estates, Section One, lists the street names as Brownstone Place, Sterling Lane and Stephen Lane; and WHEREAS, to ensure that Brownstone Place, Sterling Lane, Stephen Lane and associated infrastructures are properly maintained by the City of Beaumont, Resolution No. 99-373 should be amended to reflect the correct street names; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Resolution No.99-373 is hereby amended to reflect the street names of Brownstone Place, Sterling Lane and Stephen Lane. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of August, 2010. - Mayor Becky Ames - c RICH WITH OPPORTUNITY r T - E - x - A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager l5 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 3, 2010 REQUESTED ACTION: Council consider a request for an amendment to Resolution No. 99-96 whereby the name of Taft Street will be changed to Brownstone Drive RECOMMENDATION The Administration recommends approval of the amendment to Resolution No. 99-96. BACKGROUND On March 23, 1999, City Council accepted the street, storm sewer, water and sanitary sewer improvements in Brownstone Subdivision by adopting Resolution No. 99-96. The street name was listed in the resolution as Taft Street. The final plat of the subdivision also lists the street name as Taft Street. On September 21, 1999, City Council approved a name change for that portion of Taft Street within the Brownstone and Christina Court Subdivisions. So that Brownstone Drive will be properly maintained by the City of Beaumont, Resolution No. 99-96 needs to be amended to reflect the proper street name of Brownstone Drive. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS, on March 23, 1999, City Council passed Resolution No. 99-96 accepting the street, storm sewer, water and sanitary sewer improvements in Brownstone Subdivision wherein the street name was listed as Taft Street; and WHEREAS, on September 21, 1999, City Council passed Ordinance No. 99-64 changing the name of Taft Street running west from West Lucas Drive through Brownstone Subdivision and ending in Christina Court, Beaumont, Jefferson County, Texas, to Brownstone Drive; WHEREAS, to ensure that Brownstone Drive and its associated infrastructure will be properly maintained by the City of Beaumont, Resolution No.99-96 should be amended to change the name of Taft Street to Brownstone Drive; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Resolution No. 99-96 is hereby amended to change the name of Taft Street, from existing West Lucas Drive west approximately 555 feet to 3-OM-4P end of road markers, to Brownstone Drive. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of August, 2010. - Mayor Becky Ames - D RICH WITH OPPORTUNITY 111hi[111( N City Council Agenda Item T , E • XaA , S TO: City Council FROM: Kyle Hayes, Citk Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: August 3, 2010 REQUESTED ACTION: City Council approve a resolution authorizing the City Manager to enter into an agreement with Bechtel-Jacobs agent for Motiva Enterprises, LLC. to provide temporary traffic signals on Spur 93 at a Motiva park and ride facility, located North of FM 3514. RECOMMENDATION Administration recommends the City Council to authorize the City Manager to enter into an agreement with Bechtel-Jacobs, agent for Motiva Enterprises, LLC., to purchase, place into operation, and maintain portable traffic signals at Motiva's park and ride facility, located on Spur 93. Motiva will provide the City of Beaumont funds to purchase the portable traffic signals which are estimated to cost $150,000 to $180,000. The temporary signals will be placed into operation at the Motiva park and ride facility for approximately 16 to 19 months. The City of Beaumont will retain ownership of the portable traffic signals once they are no longer needed at the facility. BACKGROUND Motiva has constructed a park and ride facility on Spur 93 just north of FM 3514. Approximately, 1700 vehicles are expected to park at this facility daily. Currently, off-duty Jefferson County Deputies provide traffic control for this facility during the AM and PM shift change. The temporary traffic signals will provide a safe ingress/egress to the park and ride facility without placing officers in danger along a high speed highway. The park and ride facility will be shut down once Motiva's expansion is complete. BUDGETARY IMPACT Motiva will provide funding for the purchase of the portable traffic signals. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby autho rized to execute an agreement with Bechtel-Jacobs, agent for Motiva Enterprises, LLC, to purchase, place into operation and maintain portable traffic signals at Motiva Enterprises' park and ride facility located north of FM 3514. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of August, 2010. - Mayor Becky Ames - E RICH WITH OPPORTUNITY 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 bL MEETING DATE: August 3, 2010 REQUESTED ACTION: Council consider authorizing the award of a contract for merchant card services. RECOMMENDATION The Administration recommends the award of a contract to Bank of America Merchant Services of Dallas. BACKGROUND Presently, the City accepts credit cards in Cash Management, Municipal Court, the Civic Center, and at the Henry Homberg Golf Course. In addition, Municipal Court and Water Customer Service collects payment by way of the internet. After some review and evaluation, it was determined that credit cards should also be accepted in the One Stop Shop, Library System, Health Services, and at the Landfill. A Request for Proposal solicited responses from twelve (12) vendors for merchant card services. Three (3) responses were received. A panel of various City departments evaluated the responses. Representatives from the three (3) companies made a presentation to the evaluation panel. After the discussion, the panel rated each responder and it was determined that Bank of America Merchant Services provided the best package of fees and services to the City. The contract term is for three (3) years with the option to renew for one (1) additional two (2) year period. Vendor Scoring is as follows: Page 2 Merchant Card Services August 2, 2010 Possible Criteria Bank of Electronic Capital One Points America Merchant Allowed Merchant Systems Services 30 Total Cost 28 25 26 25 Technical Compliance 24 20 23 25 Experience 24 22 23 20 Additional or Optional 19 17 18 Services 100 Total Points 95 84 90 The Locations which will be furnished with credit card readers and pin pads is as follows: Location Terminals Cost per Cost per Pin Deployment Total Cost per Required Terminal Pad Fee per Location Equipment Combination Cash Management- Cashier 2 $450.00 $160.00 $47.20 $1,314.40 Municipal Court 2 $450.00 $160.00 $47.20 $1,314.40 Civic Center 2 $450.00 $160.00 $47.20 $1,314.40 Community Development- 1 $450.00 $160.00 $47.20 $657.20 One Stop Shop Engineering - One Stop Shop 1 $450.00 $160.00 $47.20 $657.20 Main and RC Miller Libraries 2 $450.00 $160.00 $47.20 $1,314.40 Health Services - Vital 2 $450.00 $160.00 $47.20 $1,314.40 Statistics and Environmental Health Golf Course 1 $450.00 $160.00 $47.20 $657.20 Landfill (credit only) 1 $450.00 - $47.20 $497.20 Lot-al cost terminals/Pin 14 9 040.8 Page 3 Merchant Card Services August 2, 2010 The total cost to provide and install credit card readers and pin pads at each site is estimated at $9,040.80. BUDGETARYIMPACT Fees associated with accepting credit cards are available in each user department's operating budget. Funds are available in the Capital Reserve Fund for the purchase and installation of equipment. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves a contract with Bank of America Merchant Services of Dallas to provide merchant card services for various City departments. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of August, 2010. - Mayor Becky Ames - F 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 MEETING DATE: August 3, 2010 REQUESTED ACTION: Council consider authorizing the award of a contract to offer electronic payment methods to customers. RECOMMENDATION The Administration recommends the award of contract to Official Payments Corporation of Reston, VA. BACKGROUND Staff has been exploring ways to increase collections and convenience to the citizens of Beaumont when it comes to paying amounts owed to the City whether it is for water bills, traffic fines, license and permits, or Emergency Medical Service (EMS) charges. In doing so, the City proposes to offer a number of electronic payment choices and alternative payment methods not currently available. Official Payments Corporation offers innovative payment methods at no cost to the City. Municipal Court has had a contract with Official Payments Corporation to allow citizens to pay their fines by calling a toll-free telephone number since 1997. Water Customer Service often receives requests for payment by telephone. Through Official Payments this payment method will also be made available for water bills and EMS charges. In addition, the City currently accepts payment through the internet for traffic fines and water bills. EMS charges may be paid through the mail by check or at the cashier window by cash, check, or credit card. Staff believes offering electronic payment via the internet will increase those collections as well. The same holds true for permits. Using the telephone or internet, a citizen may pay using a credit card, electronic check, or prepaid money card. In addition, Official Payments offers walk up locations and kiosks. Once a customer makes a payment using any of the above mentioned methods, City departments will have real-time access through the internet to confirm payment. Electronic Payments August 2, 2010 Page 2 This contract shall be renewable each year. There is no cost to the City for this service. If a citizen chooses to pay a bill owed to the city with one of these methods, there will be a convenience fee assessed by Official Payments. The cost to the citizen is as follows: Payment by Electronic Check via telephone or internet Citizen Cost Each payment transaction less than or equal to $10,000.00 $5.00 Each payment transaction greater than $10,000.00 $17.00 Payment by Credit/Debit card via telephone or internet Use of Visa, Master Card, American Express and Discover $5.95 Use of Green Dot Money Pack $3.95 Use of Bill Me Later $5.95 Cash walk up payments at various locations $5.95 BUDGETARY IMPACT There is no cost to the City. 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 Official Payments Corporation of Reston, Virginia, to provide electronic payment choices and alternative payment methods to patrons of the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of August, 2010. - Mayor Becky Ames - G RICH WITH OPPORTUNITY [I 11cm A,[I 1�1 U1 11 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: August 3, 2010 REQUESTED ACTION: Council consider authorizing the City Manager to execute a Lease Agreement with Texas Military Forces. RECOMMENDATION Administration recommends authorizing the City Manager to execute a one (1) year Lease Agreement with Texas Military Forces Adjutant General's Department (AGD), for the use of property located at 3040 College Street. BACKGROUND AGD, formerly known as the Texas National Guard Armory Board, leases a 2.5 acre tract of City property, bounded by College Street on the South, and Central Park on the North. The AGD uses this location as a training facility for a unit of the Texas National Guard (the Guard). A lease agreement has existed with the Guard since 1965. The current agreement, dated November 1984, gives AGD an exclusive right to the property until 2015. Extensions of the agreement must be made in five (5) year increments. Four five-year extension options have been exercised since the initial term. The City has been informed that The Texas National Guard is being reorganized and will be affected by the Base Realignment and Closure (BRAC) that is being implemented by the federal government. It is likely that the Beaumont facility will no longer be needed in the 2008-2012 time frame. The current extension will expire November 15, 2010. AGD has submitted a request to extend the lease agreement for a one (1) year term as opposed to a new five year term, as the unit stationed at the facility currently will be moving into a new facility in Northwest Houston. It is unknown if another unit will be stationed in Beaumont, although it appears to be unlikely. Should this be the ultimate result, ASG will give notice to terminate the lease. Texas Military Forces Lease Agreement Renewal August 3, 2010 Page 2 Attached for your review is a copy of the current lease agreement and the request from AGD. BUDGETARY IMPACT The consideration paid by the Lessee for the original lease was a nominal $10. All subsequent renewals have been without a fee. A rental fee is not a prerequisite to the granting of an extension. TEXAS MILITARY FORCES Joint Force Headquarters Adjutant General's Department Post Office Box 5218 Austin, Texas 78763-5218 REPLY TO 512-782-5001 ATTENTION OF JFTX-E July 6, 2010 City of Beaumont 801 Main, Suite 300 Beaumont, Texas 77701 ATTN: Kyle Hayes, City Manager Dear Mr. Hayes: In accordance with the lease agreement, copy attached, that was entered into on November 15, 1984 we are hereby requesting a one year extension of the lease. We are only requesting a one year extension because the unit(s) that are station at this facility will be moving into a new facility in North West Houston. It is unknown at this time if another unit will be stationed at this facility. If the decision is made to move another unit in the facility we will ask for a longer extension, however, at this time we do not foresee this happening. The original agreement was with the Texas National Guard Armory Board whose name was changed by the Legislature to the Texas Military Facilities Commission(TMFC). In 2007 the Legislature merged the TMFC with the Adjutant General's Department so the new agreement, if approved, will need to be with the Adjutant General's Department. If you have any questions please contact Tina Burford at (512) 782-6910 or by email at tina.burford(a)tx.ngb.army.mil. Sincere , Ti o y enec t Di r o Facilities A` L City of Beaumont August 31, 2005 Mr. John A. Wells Executive Director Texas Military Facilities Commission 2200 West 35t' St., Bldg. 64 Austin,TX 78703-1222 Re: Lease at 3040 College St., Beaumont, Texas Texas Military Facilities Commission Dear Mr. Wells: As requested in your letter of August 17, 2005, a five year extension has been granted for the above referenced lease. The original lease agreement between the City of Beaumont and the Texas National Guard Armory Board was entered into on November 15, 1984. The current extension will commence on November 15,2005 and is granted through November 15, 2010. If we can be of further assistance please do not hesitate to contact me at(409) 880-3755. Sincerely, Kirby Ric d Internal So ices Director KR:bd C:\Documents and Sellings%rendmMy Documents\WPDOCS\Leases\TX National Guard Armory\2005 Lease-Tx Nat Guard\Itr-John Wells-extension granted 2005.wpd Internal Services Department • (409) 880-3755 • Fax (409) 880-3747 P.O. Box 3827 • Beaumont,Texas 77704-3827 THE STATE OF TEXAS § § KNOW ALL MFN P?Y THESE PRESENTS: COUNTY OF JEFFERSON § THIS LEASE AGREEMENT made this the 15th day of November , A.D. 1984, b,! and between the CITY OF BEAUPAONT, a municipal corporation of the State of Texas, actinq herein by and throuah its duly authorized Citv Manager and attesting, by its City Secretary (hereinafter referred to as "Lessor") and the TEXAS NATIONAL GIJARD ARMORY BOARD, a body politic and corporate of the State of Texas, acting herein by and throuah its duly authorized Executive Director (hereinafter referred to as "Lessee"): 1^1 I T N E S S E T H VVhereas, the parties hereto previously entered into a written indenture or lease agreement for a term which ends on the 15th day of November, 1985; and Whereas, the agreement grants to the Texas National Guard Armory Board as Lessee the oration to renew the lease for use of the subject property as a training facility of a unit of the Texas National Guard; and 11lhereas, the agreement authorizes Lessee to sublease the subject property to the Adjutant General of the State of Texas for use by the Texas National Guard and related military purposes; and Whereas, the subject property has been and continues to be leased to the Adjutant General of the State of Texas; and Whereas, Lessee complied with all obligations, duties and responsibilities imposed on it under the lease agreement; Now, Therefore, for and in consideration of the sum of TEN DOLLARS ($ 10.00 ) cash, the receipt of which is hereby acknowledged and confessed, and the covenants and conditions hereinafter recited, Lessor has leased and demised and by these presents does lease and demise unto I-essee all that certain tract or pracel of land located in the City of Beaumont, Jefferson County, Texas, and more particularly described as follows, to-wit: BEGINNING at the southwest corner of that certain 6.1601 acre tract leased by the City of Beaumont, Texas to the united States of America under supplemental agreement Rio. 1 to Lease No. DA-41-243- Eng-613, same being dated December 11, 1951; THENCE north 001 02' east along the west line of said above mentioned 6.1601 acre tract 315.75 feet to corner; THENCE south 89° 59' west 344.89 feet to corner; THENCE south 001 02' west 315.75 feet to corner; said point being 50 feet north of the present north line of College Street; THENCE north 89° 59' east along a line parallel with and 50 feet distant from the present north line of College Street 344.89 feet to the place of BEGINNING. The above described tract contains 2.50 acres, more or less. TO HAVE AND TO HOLD said premises for the period of five (5) years, commencing on the 15th day of November, A.D. 1985, and ending on the 15th day of November, A.D. 1990, and for such further periods as this lease may be extended as hereinafter provided upon the following terms and conditions: 1. It is understood and agreed by and between the parties hereto that the above described property may be sublet by the Lessee to the Adjutant General of the State of Texas according to the laws of this State, but in the event the Adjutant General should for any reason fail to pay the rent prescribed in such lease, or in the event the Legislature should fail to appropriate money for the payment of said rent, then in either of such events, Lessee may sublet the premises to any person whomsoever at the highest rental obtainable; provided, however, that the City of Beaumont, Texas, shall have the first option to sublease such premises upon the same terms and conditions that the property was subleased prior to the occurrence of the events above mentioned. 2 H. Lessee hereby agrees that at the termination of this lease, either by forfeiture or for any cause whatsoever, any and all improvements, structures and fixtures located on said demised premises shall become the sole property of the Lessor. M. The State of Texas is not and shall not be responsible for any damage or injury to said leased property regardless of how the same may occur during the existence of this lease. This contract is entered into by and between the Lessor and the Lessee upon the express condition and understanding that neither the National Guard units to occupy said premises, nor their officers, nor any member of the Texas National Guard Armory Board shall in any wise be personally liable hereunder and that Lesser is entitled to payment only out of the State appropriations lawfully applicable to payment of the rental stipulated in this lease. IV. It is expressly agreed and understood that at the expiration of the primary term of this lease, Lessee shall have the exclusive option to lease said premises for additional periods of five (5) years in five (51 year increments extending over the twenty-five (25) year period followina the expiration of the primary term of this lease. It is the intention of the parties hereto that, provided Lessee exercises any such option by giving Lessor notice thereof in writina within ninety (90) days of the expiration of the term of the then current lease, Lessor gives and grants unto Lessee such options to renew this lease at rentals to be agreed upon, at said intervals, and that the City of Beaumont as Lessor retains the right to approve any and all renewal options which may be exercised. EXECUTED this the j!"=" day of iP. l L, A.D. 1984, the CITY OF BEAUMONT signing by and through its City Manager, / ;s�::%ti/;; � duly authorized to execute the same by resolution passed by the City Council on 3 III the same hy resolution passed by the City Council on ' 19 �' ' attesting by its City Secretary' and countersigning by its City Auditor, ' and the TEXAS NAT0NAL GUARD AnMonv aoann' signing by and through its Executive Director. CITY 0resAuw0wT ATTEST: B City Manager City Secretary COUNTERSIGNED: APPROVED AST0 FORM: City Attorney City Auditor -LESSOR- TEXAS NATIONAL GUARD ARMORY BOARD Donald J. g Executive Director -LsSSss- u THE STATE OF TEXAS § COUNTY OF JFFFERSON § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared x / City Manager of the City of Beaumont, known tome to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Beaumont for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office on this the fcY=` day of = ;/;, 7984. otFi ary Pfiblic in and tor Jefferson County, Texas (Type or Print Nam My Commission Expires: THE STATE OF TEXAS s COUNTY OF TRAVIS § BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared DONALD J. KERR, Executive Director of the TEXAS NATIONAL GUARD ARDAORY BOARD, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein. expressed, and in the capacity therein, stated. Given under my hand and seal of office on this the 15th day of November 1984. Notary Pub lic in and for Travis County, Texas Kathleen B. Howell TT—vpe or Print Name, My Commission Expires: October 31, 1988 5 RESOLUTION NO. WHEREAS, Texas Military Forces Adjutant General's Department (AGD) leases a 2.5 acre tract of City-owned property located at 3040 College Street, Beaumont, Texas; and WHEREAS,the agreement provides for extensions of the agreement in five(5)year increments; and WHEREAS, the current extension will expire on November 15, 2010; and WHEREAS, the Texas National Guard is being reorganized and the unit stationed at 3040 College is being relocated to a facility in Northwest Houston; and WHEREAS, because it is unknown and appears unlikely that another unit will be stationed in Beaumont, AGD has requested a one (1) year extension of the lease agreement; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council approves a one (1)year extension of the lease agreement with the Texas Military Forces Adjutant General's Department for the use of a 2.5 acre tract of property located at 3040 College Street, Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of August, 2010. - Mayor Becky Ames - RICH WITH OPPORTUNITY T * E * % * A * S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 3, 2010 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition: * Public Comment: Persons may speak on scheduled agenda items 2-4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a street name change from Lakeside Drive to N. Lakeside Drive, E. Lakeside Drive, W. Lakeside Drive and S. Lakeside Drive 2. Consider approving an amendment to the Oil, Gas and Mineral Lease with Cimarex Energy Co. 3. Consider adopting the 2009 International Building, Fire, Residential, Energy, Plumbing, Mechanical, Property Maintenance, Existing Building and 2008 National Electrical Code, with local exceptions and consider adopting amendments to Chapter 14,Article III, Unsafe Substandard Structures and amendments to the fee schedule 4. Consider approving an annual contract for furnishing litter removal on the City rights-of-way COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 August 3,2010 Consider a request for a street name change from Lakeside Drive to N. Lakeside Drive, E. Lakeside Drive, W. Lakeside Drive and S. Lakeside Drive RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager /� 1, ) 1 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 3, 2010 REQUESTED ACTION: Council to consider a request for a street name change from Lakeside Drive to N. Lakeside Drive, E. Lakeside Drive, W. Lakeside Drive and S. Lakeside Drive. RECOMMENDATION The Administration recommends approval of the street name change from Lakeside Drive to N. Lakeside Drive, E. Lakeside Drive, W. Lakeside Drive and S. Lakeside Drive. BACKGROUND In June, 2006, the final plat for The Crescent on Walden, Phase R was recorded. The subdivision is served by Lakeside Drive, a circular street. The addressing scheme for the subdivision was to use the lot numbers as the addresses. It later became apparent that the lot numbers could not be used as house numbers, so an attempt was made to apply house numbers to the plat. Unfortunately, issues arose due to the loop street creating duplicate numbering. After much debate, it was decided the simplest solution is to change the street name. By creating four streets from the one, duplicates are more easily avoided. At a Joint Public Hearing held July 19, 2010, the Planning Commission voted 5:0 to approve the street name change from Lakeside Dr. to N. Lakeside Drive, E. Lakeside Drive, W. Lakeside Drive and S. Lakeside Drive. BUDGETARY IMPACT None ORDINANCE NO. ENTITLED AN ORDINANCE CHANGING THE NAME OF LAKESIDE DRIVE TO N. LAKESIDE DRIVE, E. LAKESIDE DRIVE, W. LAKESIDE DRIVE AND S. LAKESIDE DRIVE IN BEAUMONT, JEFFERSON COUNTY, TEXAS. THAT Lakeside Drive, a circular street located in The Crescent on Walden, Phase II Subdivision, as shown on Exhibit "A" attached hereto and made a part hereof, be and the same is hereby renamed as follows: • W. Lakeside Drive - Beginning at the north boundary line of the drainage District #6 right-of-way easement and continuing in a northerly direction to the southeastern most corner of Lot 12. • N. Lakeside Drive - Beginning at the southeastern most corner of Lot 12 and continuing in an easterly direction to an alignment with the southeast properly line of Lot 18. • E. Lakeside Drive - Beginning with an alignment with the southeast property line of Lot 18 and continuing in a southerly direction to an alignment with the south property line of Lot 34. • S. Lakeside Drive - Beginning with an alignment with the south properly line of Lot 34 and continuing in a westerly direction to the east right-of-way line of W. Lakeside Drive. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of August, 2010. - Mayor Becky Ames- File 762-0 B: Request for a street name change from Lakeside Drive to N. Lakeside Dr., E. Lakeside Dr., W. Lakeside Dr. and S.Lakeside Dr. Location: Lakeside Drive in The Crescent on Walden, Phase II, a subdivision north of Walden Rd. Applicant: City of Beaumont Planning Division 0 350 700 l Feet _ I PUD i �i I Legend �I 762OB i I ! � / --- �. `v \ N PENIaSUC°K I I rn PUDv i lE C-M R-S . I �I II j S LpKESiDEAR I I U�D�III �\ II EXHIBIT "A" 2 August 3,2010 Consider approving an amendment to the Oil, Gas and Mineral Lease with Cimarex Energy Co. RICH WITH OPPORTUNITY r T • E - X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: August 3, 2010 REQUESTED ACTION: Council consider approving an amendment to the Oil, Gas and Mineral Lease with Cimarex Energy Co. RECOMMENDATION The Administration recommends approval. BACKGROUND On September 28, 2007, the City of Beaumont executed an Oil, Gas and Mineral Lease with Cimarex Energy Co. of Tulsa, Oklahoma with a primary term of three years. The lease agreement covers 275.44 acres of land,more or less, in the Asahel Savery League, Abstract 46, Jefferson County, Texas. Since the execution of the existing lease agreement, Cimarex has drilled five wells. Cimarex has identified additional drilling opportunities and has requested a two-year extension to the existing lease agreement. BUDGETARYIMPACT As consideration for the two-year extension, Cimarex will make a one-time payment to the City of Beaumont in the amount of$137,720 ($500 per acre). AMENDMENT TO OIL, GAS AND MINERAL LEASE On September 28, 2007, The City of Beaumont ("Lessor") entered into a certain oil, gas and mineral lease with Cimarex Energy Co. ("Lessee") (the "Lease"). A Memorandum of the Lease was recorded in the Official Public Records of Jefferson County, Texas on October 10, 2007, under film code 2007041074. The Lease is hereby amended as follows: The first sentence of paragraph 22. of the Lease is hereby deleted in its entirety and the following sentence is substituted in place thereof: Two (2) years after the expiration date of the primary term and after all continuous development operations have ceased, whichever is the later date, this lease shall terminate as to all depths below 100 feet below the deepest depths drilled in any unit containing all or part of the above described lands. Except as heretofore amended and amended hereby, the Lease shall be and remain in full force and effect for all purposes. Executed at Beaumont, Texas, this day of , 2010. LESSOR: CITY OF BEAUMONT By: Kyle Hayes, City Manager City of Beaumont, Texas LESSEE: CIMAREX ENERGY CO. By: James L. Painter Attorney-in-Fact STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the day of , 2010, by Kyle Hayes, City Manager of City of Beaumont, Texas, acting in said capacity. NOTARY PUBLIC, IN AND FOR THE STATE OF TEXAS STATE OF OKLAHOMA § COUNTY OF TULSA § This instrument was acknowledged before me on this the day of , 2010, by James L. Painter, Attorney-in-Fact for Cimarex Energy Co.. NOTARY PUBLIC, IN AND FOR THE STATE OF OKLAHOMA tst: 2 @ @]@41@14 2 PGS MEMORANDUM OF 797 1056403/JH/srf OIL,GAS AND MINERAL LEASE STATE OF TEXAS § COUNTY OF JEFFERSON § This Agreement,made and entered into on the 28 day of '50PWI► 442007 by and between the CITY OF BEAUMONT,whose address is 801 Main Street,Beaumont,TX 77701,hereinafter referred to as"Lessor', whether one or more,and CIMAREX ENERGY CO.,whose address is 15 E.51 Street,Suite 1000,Tulsa,OK 74103, hereinafter referred to as"Lessee". WITNESSETH: Lessor and Lessee have this day entered into an Oil,Gas and Mineral Lease('Lease'?covering the following described lands located in Jefferson County,Texas(the"lands';to wit: 275.44 acres of land,more or less,In the Asabel Savery League,Abstract 46,Jefferson County, Texas,being more particularly described in that certain deed dated July 5,1929,from Evelyn R.Poole, Individually and as Trustee,and husband Clark L.Poole,Clarence W.Richards, Theodora R.Ellsworth,and husband Clyde L.Ellsworth and The Estate of Laura W.Zeigler, deceased, R.O.Woodard and T.R.Stam,Executors, to the City of Beaumont recorded in Volume 328;Page 477 of the Deed Records of Jefferson County,Texas to which reference is herein made for a more complete description. The Oil,Gas and Mineral Lease has a primary term of three(3)years from the effective date of said Lease,and shall continue as long thereafter as oil or gas is produced in paying quantities from the Leased Premises or land pooled therewith,or said lease is otherwise maintained,all as more particularly set out in said Oil,Gas and Mineral Lease of even date herewith to which reference is hereby made for all purposes including further description of the terns, provisions and conditions of said Lease. This Memorandum of Oil,Gas and Mineral Lease("Memorandum")is subject to the terms and conditions of that certain Lease of even date herewith between the parties hereto which,with all of its terms,covenants and other conditions,is hereby referred to and incorporated herein,the same as if copied in full herein at this point. Included within the terms,provisions and conditions of the Oil,Gas and Mineral Lease is the right of Lessee to obtain subsurface right-of-ways and easements under the-surface of and through the subsurface of the leased premises. The purpose of this Memorandum is to evidence the existence of said Lease and this Memorandum is executed and recorded solely for the purpose of affording notice of the existence of said Lease and shall not amend,alter or otherwise affect the terms,provisions and conditions of said Lease.This Memorandum is recorded in lieu-of filing said Lease for record in the Official Records of Jefferson County,Texas,so as to avoid unduly encumbering such records and to give notice to all third parties dealing with Lessor and Lessee or with the lands described herein. The Lease and this Memorandum shall be binding upon Lessor and Lessee and their respective heirs,successors,representatives and assigns. This Memorandum of Oil,Gas and Mineral Lease may be executed as one instrument or in several partially executed counterparts and the original and all counterparts shall be construed together and shall constitute one Agreement. Should less than all of the named Lessors execute this Memorandum,it shall be binding on those who sign. IN WITNESS WHEREOF,this instrument is executed on the date first above written. LESSOR: CITY OF BEAUMONT KYLE HAYES,CITY MANAGER CITY OF BEAUMONT NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. 797/056-009/JH/srf LESSEE: CIMAREX ENERGY CO. L.P ER,ATTORNEY-IN-FACT ;1MAREX ENERGY CO. ACKNOWLEDGMENT STATE OF § COUNTY OF Q 5b § This instrument was acknowledged before me on this thA gf h day of—(� 2007, by KYLE HAYES,CITY MANAGER of the CITY OF BEAUMONT,acting in said cap 9 city. TINA G.BROUSSARD Notary P ac,State of Taxes Notary Public,State of TE s A My=I9slon Eupiree My Commission Expires: a„! a Jonuory 12,2011 ACKNOWLEDGMENT STATE OF OKLAHOMA § COUNTY.OF TU LAA § This instrument was acknowledged before me on this the 1�day of ®CA A e r 2007, by JAMES L.PAINTER,Attomey-in-Fact for Cimarex Energy Co. - 5`� Tgrqp,,5Z% Notary Public,State of0-KLM0MA My Commission Expires: o20 16 #02001610 = 1 P.Ol m vio = O FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2007 Oct 18 02:14 PM 2007041074 CAROL $20.00 CAROLYN L. GUIDRY COUNTY CLERK JEFFERSON COUNTY TEXAS �e OIL AND GAS LEASE STATE OF TEXAS § COUNTY OF JEFFERSON § This AGREEMENT made and entered into this the ZAP' day of 5c&P1'c3mSo pl by and between the City of Beaumont,whose address is 801 Main Street,Beaumont,Texas 77701, hereinafter called Lessor,and Cimarex Energy Co.,whose address is 15 E.5h Street,Suite 1000, Tulsa,OK 74103,hereinafter called Lessee,whether one or more, WITNESSETH: 1. GRANTING CLAUSE:Lessor,for and in consideration of the sum of TEN AND NO 1100 DOLLARS($10.00)cash in hand paid,and other valuable consideration,reciept of which is hereby acknowledged,hereby grants,leases and lets exclusively unto Lessee for the purpose of exploring for and producing oil and gas and other liquid hydrocarbons.Upon the following terms and conditions,the following described land,to wit: As fully described in Exhibit"A"attached hereto and made a part hereof. Due to the nature of the present use of the surface of the herein leased premises Lessee shall make no surface use whatsoever without the prior written consent of Lessor and all other . governmental authorities having jurisdiction hereof, which consent shall not be unreasonably withheld. There is expressly reserved and excepted unto Lessor(except a hereinabove provided)all other mineral substances(except those expressly covered in this lease)owned by Lessor in,under; or upon the leased premises, together with the rights of ingress and egress for purposes of exploration for and production of those mineral substances and forms of energy hereby reserved and excepted unto Lessor. There is further reserved unto Lessor the right to authorize any and all geophysical and geological tests on the leased premises reasonably necessary and incident to the exploration for such mineral substances and forms of energy.Such exploration and production shall not unreasonably interfere with the operations of the Lessee herein. For the purpose of calculating payments hereinafter provided(except royalties),the land described in Exhibit"A"attached hereto is considered to constitute two hundred seventy-five and forty-four hundreths(275.44)acres,whether actually more or Iess. 2. LEASE TERM: Subject to the other provisions herein contained,this lease shall be for a term of three(3)years from this date(called primary term)and as long thereafter as oil,gas, and other liquid hydrocarbons are produced in paying quantities(herein defined)from the leased premises,or this lease is otherwise maintained in effect as hereinafter provided. 3. ANNUAL DELAY RENTAL::This lease shall terminate as to all the leased premises lying outside of a producing well tract or unit one year from this date unless on or before such anniversary date Lessee shall pay or tender to Lessor at 801 Main Street,Beaumont,Texas,77701 regardless of changes in ownership of said land or the rentals,the sum of FIFTY DOLLARS AND N01100 ($50.00)per acre (herein called rentals) for all the leased premises lying outside of a designated producing unit well tract or unit,which shall continue this lease in force and effect as to all such land for a period of twelve(12)months.In like manner and upon like payment or tender annually, such termination of all the leased premises lying outside of a designated producing unit well tract may be further deferred to successive periods of twelve(12)months each during the primary tens.The payment or tender of rental under this paragraph and of royalty under on any gas well from which gas is not being sold or used may be made by the check or draft of Lessee mailed or delivered to the parties entitled thereto on or before the date of payment. 4 � 4. ROYALTY:The royalties to be paid by Lessee to Lessor are: (i) On oil and condensate or other liquid hydrocarbons produced at the well or at an oil and gas separator of the conventional type twenty-five(25%)percent of the entire eight-eighths (8/8%)of that produced and saved from the land described herein,free of any expense to Lessor, to be,at Lessor's option either(1)delivered into the pipelines,tanks,or other receptacles to which Lessee may connect Lessee's well or wells for the purpose of storage and/or sale ofthe oil produced, (2)delivered at the well into tanks or other receptacles provided by Lessor,at Lessor's own expense, (3)purchased by Lessee or any affiliate of Lessee,at the market price being paid on the date of purchase,or(4)sold by Lessee(for Lessor's account)to the purchaser of Lessee's oil if sold by Lessee at the well or on the lease,for the price received by Lessee,or any affiliate of Lessee,for its own oil produced from said land.In no event shall the price paid be less than the market value on the date produced or the price received by Lessee or an affiliate of Lessee,whichever is greater. Provided, however, if the oil and condensate or other liquid hydrocarbons be run through or processed in a plant of the type authorized below,the royalty thereon shall be calculated and paid under the terms and provisions as herein provided. (ii) Lessee agrees that before any gas containing recoverable liquid hydrocarbons(except gas run through an absorption plant or other type of plant for the extraction of hydrocarbons products as hereinafter authorized below)produced from said land is sold or used,it will be run through an adequate oil and gas separator of the conventional type or other equipment as least as efficient,so that as much of such liquid hydrocarbons as can be reasonably recovered from the gas by such means will be recovered, without diminishing the BTU rating below the prevailing minimums of the industry for the sale of such gas in the area. (iii) If gas,casinghead gas or the gaseous substances produced from said land is sold at the well or at a delivery point on or off the leased land,the royalty on same shall be twenty-five (25%)percent of the market value of the gas at the time it is produced,provided that in no event shall the price paid be less than twenty-five(25%)percent of the amount realized therefrom by Lessee of an affiliate of Lessee. (iv) If Lessee,or an affiliate of Lessee shall themselves,or by arrangement with others, run oil,condensate,other liquid hydrocarbons,gas,casinghead gas,or other gaseous substances produced from said land through a processing absorption or extraction plant,or use such production from said land in the manufacture, extraction or separation of gasoline, condensate, distillate, butanes, propanes, chemicals, chemical compounds, or the liquid or gaseous hydrocarbons, or, products manufactured,processed,separated,or extracted therefrom,the royalty therefor shall be, at the option of Lessor,either twenty-five(25%)percent of the market value of such oil,condensate, other liquid hydrocarbons,gas,casinghead'gas,or other gaseous substances at the well or delivery point on the leased premises, or twenty-five (25%) percent of the market value of the gross production of products and components derived therefrom by such processing and manufacturing such plant,and Lessor shall be paid on residue gas twenty-five(25%)percent of the market value at the tail gate of the plant,but in no event less than the proportionate amount realized by Lessee or an affiliate of Lessee for such residue gas. The market value paid hereunder for gasoline, condensate,distillate,butanes,propanes,chemicals,chemical compounds or other liquid or gaseous hydrocarbons,or products manufactured,processed,so separated or extracted,shall be not less than the average selling price of the respective grades thereof f.o.b.at the plant for the month in which same is delivered and shall be not less than the average price quoted(if prices are quoted)in two of the leading periodicals of the industry for similar grades of the products enumerated above. (v) The royalty on any gas,casinghead gas or other gaseous substances,produced from the.land herein described and used,sold or delivered in any way other than specifically provided above shall be twenty-five(25%)percent of the market value at the well at the time it is provided, except that if the same is run through an oil and gas separator as hereinabove provided,the royalty shall be twenty-five(25%)percent of the market value at the downstream outlet of such separator, but not less than the amount realized by the Lessee,or.an affiliate of Lessee. (vi) Should Lessee or an affiliate of Lessee use,sell,deliver,or contract with others for the use, sale, delivery or processing of gas, oil, or other hydrocarbons from said land for any purposes or under any condition not specifically covered by this Paragraph 4,then Lessor shall have the option at any time,and from time to time,to elect as to the royalty thereon to(1)either receive I� the royalty herein provided for gas,oil or other liquid hydrocarbons produced and saved or sold,or (2)to be paid twenty-five(25%)percent of the amount realized by Lessee or Lessee's affiliate from the use,sale,delivery orprocessing so such gas,oil or other liquid hydrocarbons produced from said land or received by Lessee or an affiliate of Lessee in exchange for or in lieu of gas,oil or other liquid hydrocarbons produced from the said land,or any components thereof. (vii) Lessee shall not have the right to reinject or store oil,gas or other hydrocarbons produced from said land into any underground reservoir or formation in or under than the land described herein. (viii) The term"affiliate of Lessee"as herein used,-means and includes any partner,joint venturer, creditor,agent or representative of Lessee;any firm or corporation that,at the time in question, is a subsidiary or part firm of Lessee;any firm or corporation that,which has the same parent firm or corporation as or substantially the same officers,or directors as Lessee;any firm or corporation in which any officers, directors, stockholders, partners,joint venturers, agents or representatives of Lessee own controlling interest;or any person,firm or corporation which owns a controlling interest in the capital stock or interest of Lessee.In addition to the foregoing definition of"affiliate of Lessee,"it is understood and agreed that if any oil,gas or other liquid hydrocarbons or any portion thereof produced from the land described herein is delivered or sold to any person or entity and subsequently the same or any portion thereof is redelivered or resold to Lessee,or any affiliate Lessee,then within the meaning of this lease,and for the purposes of calculating the royalty hereunder,the person or entity top which such gas or other liquid hydrocarbons are delivered or sold, shall be regarded as an "affiliate of Lessee." If Lessee or an affiliate of Lessee,receives, purchases or uses all or any portion of the oil,gas or other liquid hydrocarbons which were produced from the land covered by this lease which was obtained after Lessee,or an affiliate of Lessee,has sold,transferred or delivered to a party,not an affiliate of Lessee,at such time;or if Lessee,or an affiliate of Lessee,obtains by purchase in exchange or in a trade out of exchange gas,oil or other liquid hydrocarbons of a similar nature to those produced or reasonably suite to the use to which the production from the land covered hereby could be put,then in that event,the gas,oil or other liquid hydrocarbons obtained shall be treated for all purposes under this Paragraph as if same had remained in the hands of Lessee,or an affiliate of Lessee. (ix) Notwithstanding any thing herein to the contrary contained,it is expressly stipulated that Lessor,at Lessor's option,and from time to time,upon thirty(30)days prior written notice to Lessee,may elect to take in kind any of its royalty share of gas,oil or other hydrocarbons produced hereunder,and to separately sell,use or dispose of same or any portion thereof.In the event Lessor so elects to take in kind all or a portion of its royalty share of any mineral or production,Lessor shall install the necessary additional facilities at Lessor's cost and expense.Any contract entered into by the Lessee for the sale of gas, oil or other liquid hydrocarbons produced shall be subject to and express that it is subject to Lessor's right to take in kind.Lessor may exercise such right to take in kind from time to time,and also may countermand same from time to time on like written notice. Lessee shall forthwith furnish Lessor true copies of all contracts entered into by Lessee for the sale or disposition of any gas,oil and other liquid hydrocarbons,produced under this lease. Unless and until and at all times,except when Lessor is receiving and separately disposing of Lessor's royalty portion of gas,oil and other liquid hydrocarbons,Lessee will be obligated to receive and dispose of same under the royalty provisions of this lease. (x) Lessee agrees that division order or other such documents shall not constitute a valid amendment alteration or addition to the provisions of this lease. (xi) Notwithstanding any provisions of Paragraph 4 of this lease to the contrary,it is specifically agreed that no gathering,dehydration,compression,separating,processing,treating and marketing or other charges of any kind either directly or indirectly to make the gas ready for sale or use except transportation,shall be assessed against the royalty interest of the Lessor resulting from the sale or use of minerals produced from the land covered by this lease or from land pooled therewith. In regard to transportation costs and expenses, Lessee may not, either directly or indirectly,charge Lessor's royalty for any costs or expenses of transportation where such gas is sold at the wellhead.Where gas is sold off the premises,Lessee may deduct from the gross proceeds received for the sale of such gas,a reasonable transportation fee or expense so long as the resulting price for such gas, after deduction for a reasonable transportation fee, is greater than the then prevailing price being paid for gas at the wellhead in the field.Said prevailing price shall be defined as that price published in the first issue of each month of"Natural Gas Weekly"under the heading "Gas Price Report"for"Texas Gulf Coast,On Shore,Spot Wellhead."Upon written request by Lessor,Lessee shall furnish a quote of the then current"Natural Gas Weekly"publication and any documents supporting the transportation charges,Lessee will make all reasonable efforts to obtain the highest prices for gas sales. (xii) It is expressly provided that Lessee and any affiliate of Lessee shall at all times exercise due diligence as the fiduciary agent for Lessor in the marketing of all products produced under the terms of this lease. (xiii) Royalties payable on production hereunder shall be due within sixty(60)days after the sale of such production provided,however,it is agreed that the royalty payment due on the rust sale of a product produced hereunder shall notbe due until one hundred twenty(120)days after such sale.Any royalties not paid as herein provided,including suspended royalties shall bear interest at the rate of ten percent(10%)per annum until paid. (xiv) Notwithstanding anything in this Lease to the contrary,Lessee shall never be required to pay royalties on a basis higher than the price actually received by Lessee for its share of production pursuant to an arms-length sale of oil,gas,products or other substances produced under this Lease. 5. SHUT-IN GAS PROVISION ON GAS:Notwithstanding anything to the contrary herein,it is agreed that if and while there is a gas well or wells on the leased premises(the term"gas well" shall be wells capable of producing natural gas which are classified as gas wells by the . governmental authority having jurisdiction)and such well or wells are shut-in,then Lessee shall pay Lessor monthly an amount equal to FIVE HUNDRED DOLLARS AND N01100($500.00)per well. This amount shall be paid monthly,the first payment being due not later than sixty(60)days after completion of such shut-in well or wells,and shall continue until such gas is produced and sold. Provided,however,Lessee may maintain this lease in force and effect solely by the tender shut-in payments in accordance with this paragraph for a period not to exceed twenty-four(24)consecutive months for the first and twelve(12)consecutive months for any subsequent occurrence during the term of this lease. It is expressly understood and agreed that such shut-in payments shall be considered a rental and shall not constitute advance royalty. It is understood that shut-in gas payments are additional delay rental payments and must be timely made. 6. MINIMUM ROYALTY PAYMENTS:After the end of the primary term,should the total payments made under this lease for the preceding lease year be less than SEVENTY-FIVE DOLLARS AND N01100($75.00)per acre for each acre covered by this lease on the first day of such lease year,then within 60 days after the end'of such lease year Lessee shall pay to Lessor the difference between that amount and the payments actually made.The term"lease year"shall mean each year commencing on the anniversary date ofthis lease.Should this minimum royalty payment not be timely made to Lessor or the depository bank above designated,then it shall be considered that this lease is not producing in paying quantities.A minimum royalty payment shall be allowed for no longer than two(2)consecutive years,after that time if the well is not providing production so that the actual royalty due lessor equals the minimum royalty,the this lease shall terminate. 7. PARTIAL OWNERSHIP OF M L ESTATE:It is agreed that if Lessor owns an interest is said land less than the entire mineral estate royalties and rentals or other payments herein to bepaid or delivered to Lessor shall be reduced proportionately and all outstanding royalties shall be deducted from those herein provided. 8. CESSATION OF PRODUCTION AND CONTINUOUS OPERATIONS:After discovery and production of oil,gas,or other liquid hydrocarbons on the leased premises,and after the expiration of the primary term of this lease,if production thereof should cease from any cause, this lease shall not terminate if Lessee commences operations for drilling or reworking an existing or new well within sixty(60)days thereafter.If at the expiration of the primary term Lessee is then engaged in any drilling or reworking operations thereon or shall have completed a dry hole thereon within sixty(60)days prior to the end of the primary term,this lease shall remain in force so long as operations on said well or for the drilling or reworking of any well are prosecuted with no t_. cessation of more than(60)consecutive days,and if they result in the production of oil,gas or other liquid hydrocarbons,this lease shall remain in force as hereinabove provided so long thereafter as oil,gas or other liquid hydrocarbons,is produced from said land,or on acreage pooled therewith(if so provided for this lease).In the event,and during such period of time,this lease is being continued in effect under the provisions of this paragraph,Lessee upon written request of Lessor shall render to Lessor weekly reports of all operations begun,conducted or terminated by Lessee upon the leased premises,including,but not limited to,daily progres;information regarding each well until oil,gas or other liquid hydrocarbons are produced and royalties paid thereon, or until the lease is surrendered to Lessor.Reworking operations hereunder shall be deemed to be commenced when the first work is commenced and prosecuted with reasonable diligence and drilling operations on a new well shall be deemed to be commenced on the date when the well is spudded in with a rig capable of reaching the permitted depth. 9. PARTIAL SURRENDER Should any part of this lease be pooled,as provided in Paragraph 22 hereof,with an adjoining tract of land during the primary term of this lease and a well actually drilled on said unit, then Lessee shall reasonably develop the acreage hereunder. In complying with this provision,it is agreed that in the event more than 180 days elapses between the completion of the unit well and the commencement of actual drilling operations on the next unit well =< / Lessee shall upon written demand of Lessor forthwith execute and place of record in the country of which such land is located a release of all the premises covered by this lease save and except that Lessee may retain under the terms hereof the minimum number of acres as provided in Paragraph 22. To comply with the requirement of"commencement of actual drilling operations" as used herein.Lessee shall have a drilling rig capable of drilling to the permitted depth on the location of the well and on a unit designated of record. Shall Lessee fail or refuse to place of record in the proper county the necessary release of lease as required herein Lessor shall have the right to recover from the Lessee all reasonable and necessary expenses of obtaining and filing such release including attorneys fees and costs of court. 10. OFFSET OBLIGATIONS:After discovery of oil,gas or other liquid hydrocarbons upon the leased premises,in addition to other provisions of this lease, Lessee agrees to conduct such further operations as a reasonably prudent operator would do under the same or similar circumstances in order to reasonably develop the leased premises. In the event a well or wells producing oil in.paying quantities should be brought in on adjoining lands within six hundred sixty (660)feet from the leased premises,or draining the leased premises,or in the event a well or wells producing gas in paying*quantities should be brought in on adjoining lands within one thousand three hundred twenty(1,320)feet from the leased premises,or draining the leased premises,Lessee agrees to commence actual drilling operations on the leased premises of an offset well within one hundred twenty(120)days from the date production commences from said well or wells and Lessee receives all necessary permission from the Lessor and other governmental authorities having jurisdiction over the surface and mineral use of the leased premises.In lieu of drilling such well or wells, Lessee may, at Lessee's option,pay Lessor, as compensatory royalty, a sum equal to the royalty which would be payable under this lease on the volume of production from a well or wells on other lands or covered by this lease had same been produced hereunder or tender to Lessor a release of this Lease as to the producing reservoir horizon from which such other well or wells on other Iands are producing and which is not then assigned to a producing well or unit drilled on or pooled with the herein leased land. Notwithstanding anything to the contrary herein contained, Lessee shall not be obligated to drill such well or wells or to pay such compensatory royalty if Lessee already has a producing well on these leased premises which may reasonably be held to provide drainage protection. 11. DAMAGES- Lessee will bury and maintain all pipelines a minimum of forty-eight (48)inches below the surface of the ground. Lessee will pay to Lessor actual damages to timber, to crops,to improvements and to the surface of the leased lands suffered by Lessor and any tenant of Lessor caused by or arising out of operations under this lease. Pits and excavations made during drilling operations will be filled by Lessee and the surface restored,as nearly as reasonably possible, to its original condition; and if Lessee shall fail to do so,the cost to Lessor of such filling and restoration shall be paid by Lessee,Lessee's obligations under this paragraph shall be in addition to,and shall not in any way modify of diminish its obligations under any other paragraph thereof. 12. SURRENDER: Except as herein otherwise provided, Lessee may, at anytime, V execute and deliver to Lessor,a release covering any portion of the above described premises,and thereby surrender the lease to such a portion,and be relieved of all obligations as to the acreage surrendered;provided,however;nothing herein contained shall be construed to relieve the Lessee of any obligations or payment already then assumed or incurred. 13. REMOVAL OF LESSEE'S PROPERTY• Lessee shall have the duty,during or within one hundred twenty(120)days after the expiration of this lease,to remove all property and fixtures placed by Lessee on the leased premises,including the right to draw and remove casing; Property and fixtures not removed within such one hundred twenty(120)days period will become the property of the Lessor,except that if Lessor requires that any of such property be removed. Lessee shall remove the same property,or in the event Lessee fails to do so,Lessor may remove the same at the sole cost,risk and expense of Lessee. 14. TERMINATION• Any well or wells shall be abandoned in accordance will all rules and regulations of the Railroad Commission of the State of Texas and any other environmental or regulatory governmental body having jurisdiction thereof. All Pipelines shall be removed and the surface restored and leveled. Any pipeline,pits or other excavations shall be dug using the two-step method as understood in the pipeline business. Upon abandonment top soil shall be placed on the surface to its original depth. Any ground contamination caused by Lessee shall be corrected within a reasonable time to conform with then existing environmental rules and regulations. 15. FORCE MAJE F• The covenants and agreements herein expressed or implied in this agreement shall be subject to all valid Federal and State laws, executive orders,rules or regulations, and this lease shall not be terminated, in whole or in part, nor Lessee held liable in damages for failure to comply therewith if compliance is prevented by,or if such failure is the result of any such law,order,rule or regulation. If after the primary term,from such.cause,Lessee is prevented from conducting drilling or reworking operations on,or producing oil or gas from the leased premises,the time while Lessee is so prevented shall not be counted against Lessee,and this lease shall be extended for a period of time equal to that during which Lessee is so prevented from conducting such drilling or reworking operations on, or producing oil or gas from the leased premises,notwithstanding any other provisions thereof. Similarly,when drilling or other operations are delayed or interrupted by storm, flood,or other Acts of God,fire,war rebellion,insurrection, riot, strikes, differences with workmen, or failure of carrier to transport or furnish facilities for transportation,or as a result of some order,requisition,or necessity of the government,the time of such delay or interruption shall not be counted against Lessee,anything in this lease to the contrary notwithstanding,and in such event this lease shall be extended for a period of time equal;to that during which such Lessee is so prevented from conducting drilling or reworking operations on,or producing oil and gas from such leased premises, notwithstanding any other provision hereof. Lessee shall within thirty (30) days after receiving notice of any such Federal or State Law, executive order, rule or regulations, act or event contemplated under this section,notify Lessor thereof and advise Lessor of the effect of such upon this lease. Lessee shall similarly notify Lessor promptly of the termination thereof. Provided,however,the provisions of this paragraph shall in no way abridge the right of Lessor to receive, or relieve Lessee of the obligation to pay, any minimum sums herein described and provided.Anything to the contrary notwithstanding,this lease shall not be suspended by reason of this paragraph for longer than one year per occurrence. 16. BREACH OF TERMS: Except as herein otherwise provided,the material breach by Lessee of any obligation arising hereunder shall not work a forfeiture or a termination of this lease or cause a termination or reversion of the estate hereby created nor be grounds for cancellation hereof in whole or in part unless Lessor has first given to Lessee notice in writing specifying the particulars in which,in the opinion of Lessor,Lessee has failed or breached this lease,and unless Lessee(if Lessee,in fact be in default in the particulars specified)shall fail to proceed within thirty (30)days after receipt of such notice'to comply with the obligations of said lease specified in said notice. If Lessee be of the opinion that it is not in default in the particulars specified)shall fail to proceed within thirty(30)days after receipt of such notice to comply with the obligations of said lease specified in said notice. If Lessee be of the opinion that it is not in default in the particulars specified,Lessee shall reply to Lessor in writing within thirty(30)days of the receipt of such notice U by Lessor,specifying how,in the opinion of Lessee,Lessee is not in breach of this lease. If Lessor brings suits to compel performance of,or to recover for breach of any covenant or condition herein contained,or for declaratory relief,and prevails therein,Lessee agrees to pay to•Lessor reasonable attorney and consultant fees in addition to the amount of judgment and costs. 17. WELL INFORMATION/1NSPECTION• Lessee shall furnish Lessor with true copies of each application and report made by Lessee to the governmental authority asserting jurisdiction pertaining to operations on the leased premises or on land pooled therewith simultaneously with Lessee's filing of each application and report with such governmental authority. Lessee shall promptly furnish Lessor with final and complete copies of all longs and electrical surveys run in each well located on the leased premises or on land pooled therewith, showing formations encountered and identification of such formations as determined by Lessee or Lessee's geologists or paleontologists. Lessee shall promptly furnish Lessor with copies of daily drilling reports,core analyses and paleontological reports when available and all other technical information readily available with Lessor deems necessary to be informed of the condition and status of all wells drilled,reworked,recompleted or otherwise operated on the leased premises or on land pooled therewith. Lessor shall have the right,personally or through any agent or representative authorized by Lessor,at Lessor's risk,to have derrick floor,well site and togging truck or trailer privileges during operations on the leased premises or on land pooled therewith. Upon written request,Lessee shall promptly furnish Lessor with full information on the metering of production and production runs,together with full information regarding the calculation of all royalties payable under this lease. 18. ASSIGNMENT: The rights of Lessee hereunder may be assigned only with the written consent of Lessor which consent shall not be unreasonably withheld. The rights of Lessor hereunder may be assigned as to all or any part of the land or as to any minerals thereunder,and the provisions hereof shall extend to the heirs,successors and assigns, but no change or division in ownership of the lands,rentals or royalties,however accomplished,shall operate to enlarge the obligation or diminish the rights of Lessee. Likewise,no change in ownership of the leasehold rights hereby conveyed,however accomplished,shall operate to enlarge the obligations or diminish the rights of Lessor hereunder. No sale or assignment by either party hereto shall be binding on the other party until such other party or an authorized agent thereof shall be furnished with a certified copy of recorded instrument evidencing same. 19. LIABILITY FOR DAMAGES: It is agreed that the terms and provisions of this agreement shall insure to and be binding upon the respective successors,heirs,and assigns of Lessor and Lessee.Notwithstanding that this lease may be assigned in whole or in part,it is understood and agreed that the Lessee,both the original Lessee and such assignees shall nevertheless be jointly and severally liable to Lessor,their heirs,successors,and assigns,for all damages to the surface and subsurface of the lands covered hereby,for and all pollution caused by operations hereunder,for the non-compliance with all Federal,State or other governmental or regulatory body's or agency's laws, rules and regulations,either now in effect or hereinafter enacted or promulgated,and also without Iimitation by enumeration,any and all other causes of such action which may be asserted against Lessor, their heirs, successors, and assigns, for acts or omissions caused by operations hereunder by any Lessee,and in connection with all of these,Lessee and all such assignees shall be obligated to indemnify and hold harmless the Lessor,their heirs,successors and assigns. 20. PAYMENTS.NOTICES.ETC• All payments of monies payable to Lessor under the terms and provisions hereof may be paid or tendered to Lessor or to the credit of Lessor in that bank set forth in Paragraph 3 of this lease, which bank and its successors shall continue as the depository for all monies payable hereunder,regardless of changes in ownership of said land or said minimum royalties, unless and until Lessor shall execute and deliver to Lessee a recordable instrument naming and designation another and different bank for such payments or tenders. If such bank(or any successor bank) should fait,liquidate or be succeeded by another bank or for any reason fail or refuse to accept said payments,Lessee shall immediately notify Lessor thereof and shall not be held in default for failure to make such payments or tender until thirty(30)days after Lessor shall deliver to Lessee a proper recordable instrument naming another bank to receive such payment or tender. Any notices,reports,maps logs,requests or any other communications herein provided to be made to Lessor by Lessee shall be made to the City Manager or his designee,City of Beaumont,801 Main Street,Beaumont,Texas 77701. Any notices of communications specified in this lease to be given to Lessee by Lessor be given to Cimarex Energy Co.,15 E.51h Street;Suite 1000,Tulsa,OK 74103,Attn:Gulf Coast Region Land Manager. 21. SECTION HEADINGS: Paragraph and section headings and titles are for tj convenience only,and do not represent interpretation or intent of the substance of the terms and provisions of this agreement. 22. POOLING: At the expiration of the primary term and after all continuous development operations have ceased,this lease shall terminate as to all depths 100 feet below the deepest depth drilled in any unit containing all or part of the above described lands. Lessor reserves the right of ingress and egress through all formations for the purpose of drilling to and producing oil or gas from the formations which may revert to' ,Lessor and the right to use as much of said surface as is necessary for the drilling for,production of and storage of oil and gas from such formations. It is agreed and understood that if Lessee exercises its right to pool the land described herein for oil or gas production then Lessee shall include all of the land described herein in the resulting pooled unit. It is expressly agreed and.understood Lessee is hereby granted the right,at its option, to pool or unitize any land covered by this lease,with any other land covered by this lease,and/or with any other land,lease,or leases,as to any or all minerals or horizons,so as to establish units, the size of which shall be limited in the same manner described herein below for limiting producing acreage retained after the expiration of the primary term. The size of any established unit may be changed from time to time as required by any governmental ruling or order to conform to the size required by such governmental order or ruling. There shall be allocated to the land covered by this lease within each such unit that proportion of the total production of unitized minerals from the unit, after deducting any production used m*the lease or unit operations,which the number of surface acres in the land covered by this lease that is put in the unit bears to the total number of surface acres in the unit. Lessee shall establish all such units by filing an'instrument identifying such unit for record in the Official Public Records of Real Property in Jefferson County,Texas. HOWEVER,after the expiration of the primary term,and after the discovery and production of oil,gas or other liquid hydrocarbons in paying quantities on the leased premises,Lessee shall reasonably develop the acreage retained hereunder,and in complying with this provision,it is agreed that in the event more than one hundred eighty(180)days elapse between the completion of one well and the commencement of actual drilling operations and then next well,Lessee shall upon written demand of Lessors,forthwith execute and deliver to the Lessors,or place of record in the county in which said land is located,a release of all the premises covered by this lease,save and except that Lessee may retain under the terms hereof not more than forty(40)acres surrounding each producing oil well or oil well then being reworked;not more than one hundred sixty(160)acres surrounding each producing gas well,shut-in gas well,gas well then being reworked,or the acres included in any pooled gas unit capable of producing from a depth of less than nine thousand feet (9,0001) subsurface;or not more than three hundred twenty(320)acres surrounding each producing gas well, shut-in gas well,gas well then being reworked,or the acres included in any pooled gas unit capable of producing from a depth of nine-thousand feet(9,000 or more but less than twelve thousand feet (12,000)subsurface;or not more than six hundred forty(640)acres surrounding each producing gas well,shut-in gas well,gas well then being reworked,or the acres included in any pooled gas unit capable of producing from a depth of twelve thousand feet(12,000')or more subsurface;each such tract(except the tracts in pooled gas units,if any)to be centered by said well,to be in as nearly a square form as is reasonably possible,unless otherwise agreed to by Lessors,provided that if at any time the foregoing arises,the Railroad Commission of Texas or any government authority asserting jurisdiction has prescribed a spacing pattern for the orderly development of the field or allocates a producing allowable for a well with acreage content as a factor which is in greater than or less than the above described acreage,this lease shall remain in force and effect as to the tract or tracts of land designated by Lessee in the manner herein provided containing the maximum number of acres so prescribed or allocated and in effect at the time,such tracts around each such well and in each pooled gas unit being hereinafter referred to as"well tracts". 23. Lessee shall abandon any well or wells on lands covered by this lease within 120 days after such well ceases to produce or at such time as that part of this lease containing such well or wells terminate,whichever is.the earlier date. 24. Notwithstanding anything to the contrary herein contained, this lease is granted without warranty of title of any land whatsoever,expressed or implied. The Lessor's warranty of title herein is limited to the refund to Lessee of the original per acre bonus paid for each mineral acre on which title falls. This shall be the only recourse against the Lessor in the event of any failure of title. 25. Wherever the term"Lessor"is used it shall mean the named"Lessor,its successors, or assigns." Wherever the term"Lessee"is used,it shall mean its"successors,heirs,devisees or assigns." Witness our hands on the date first above written. LESSOR: CITY OF BEAUMONT By: KYLE HAYES,CITY MANAGER CITY OF BEAUMONT,TEXAS LESSEE: CiMAREX RGY CO. By: J S L.PAINTER,ATTORNEY-IN C ENERGY CO. DV�k- ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF nz s n § This instrument was acknowledged before me on this the dAy of Se 2007,by KYLE HAYES,CITY MANAGER of the CITY OF BEAUMONT,acting in said capacity. xF::a TINA G.BROUSSARD Notary Public ....;�o _.• �' Notary Publo,Stets Of texea fate of TEXAS 3'• My commission Expires My Commission Expires: �G111 U h. (�` JCnuctty 12,2011 � ACKNOWLEDGMENT STATE OF OKLAHOMA § COUNTY OF T i.S A § This instrument was acknowledged before me on this the 2007,by JAMES L.PAINTER,Attorney-in-Fact for Cimarex Energy Co.. of �6� tNE �G ' 4NoPudblic,Sta a of OKLAHOMA #02oo161 o = My Commission Expires: EXP.01/28!10 p• F71p1C��`` ,l J EDIT"A" 275.44 acres of land,more or less,in the Asahel Savery League,Abstract 46,Jefferson County, Texas,being more particularly described in that certain deed dated July 5,1929,from Evelyn R.Poole, Individually and as Trustee,and husband Clark L.Poole,Clarence W.Richards, Theodora R.Ellsworth,and husband Clyde L.Ellsworth and The Estate of Laura W.Zeigler, deceased, R O.Woodard and T.R.Stam,Executors,to the City of Beaumont recorded in Volume 328,Page 477 of the Deed Records of Jefferson County,Texas to which reference is herein made for a more complete description. RESOLUTION NO. WHEREAS, on September 11, 2007, the City Council passed Resolution No. 07- 271 authorizing the City Manager to execute a Memorandum of Oil, Gas and Mineral Lease and an Oil and Gas Lease with Cimarex Energy Co. of Tulsa, Oklahoma,for 275.44 acres of land, Beaumont Municipal Airport, in the Asahel Savery League; and WHEREAS, the lease, executed on September 28, 2007, was for a primary term of three (3) years; and WHEREAS, Cimarex Energy Co. has identified additional drilling opportunities on the lease property and has requested a two (2) year extension to said lease; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an amendment to the Oil and Gas Lease executed on September 28, 2007, to provide a two (2) year extension to said lease. In consideration of the two-year extension, Cimarex Energy Co. will make a one time payment to the City of Beaumont in the amount of $137,500. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of August, 2010. - Mayor Becky Ames - 3 August 3,2010 Consider adopting the 2009 International Building, Fire, Residential, Energy, Plumbing, Mechanical, Property Maintenance, Existing Building and 2008 National Electrical Code, with local exceptions and consider adopting amendments to Chapter 14, Article III, Unsafe Substandard Structures and amendments to the fee schedule RICH WITH OPPORTUNITY IIEA,UMON* 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: August 3, 2010 REQUESTED ACTION: Council consider adopting the 2009 International Building, Fire, Residential, Energy, Plumbing, Mechanical, Property Maintenance, Existing Building and 2008 National Electrical Code, with local exceptions and consider adopting amendments to Chapter 14, Article III, Unsafe Substandard Structures and amendments to the fee schedule. RECOMMENDATION Administration recommends approval. BACKGROUND In the ongoing effort to ensure that the public is increasingly safer and more secure in the buildings constructed in the city, from time to time, the City considers the adoption of new construction codes. In addition, State mandates as well as periodic reviews from the Insurance Services Office(ISO)are factors in considering such code updates. The Insurance Services Office(ISO) is an advisory agency to the insurance industry, providing rankings, or ISO levels, of community's and their adherence to updated codes and training. The City currently operates under the 2003 International Building,Fire, Residential, Energy, Plumbing, Mechanical, Property Maintenance and Existing Building Codes and the 2005 National Electrical Code. We now propose to adopt the 2009 code revisions, endorsed by the International Code Conference, with some local exceptions. These recommended adoptions and exceptions are based on a review of the codes to ensure that they are compatible with local needs. In addition, staff met with representatives of The Homebuilders of Southeast Texas as well as representatives from the local architecture and engineering industry at a workshop conducted by the Southeast Texas chapter of the Association of General Contractors of America. In addition to the proposed changes to the codes, periodically, fees charged for the review of plans and inspection of work done are reviewed to determine if administrative costs for these services are being covered. Also included in these proposed changes are some increased fees to cover costs involved with review and inspection of construction activities. Also, amendments to Chapter 15, Article III, Unsafe Substandard Structures are proposed to provide a reference to the International Property Maintenance Code and provide clearer guidance for property owners as to how to abate code violations that exist in their buildings. BUDGETARYIWACT An increase in fees may provide additional revenues to the General Fund. However, increased costs of administration may offset this increase. - I ORDINANCE NO. ENTITLED AN ORDINANCE ADOPTING NEW CODES REGULATING CONSTRUCTION AND MAINTENANCE OF STRUCTURES WITHIN THE CITY OF BEAUMONT; SPECIFICALLY, THE 2009 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL EXISTING BUILDING CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL RESIDENTIAL CODE, THE INTERNATIONAL PROPERTY MAINTENANCE CODE AND THE INTERNATIONAL ENERGY CONSERVATION CODE , AND THE 2008 EDITION OF THE NATIONAL ELECTRICAL CODE; SETTING FEES; MAKING LOCAL AMENDMENTS; 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 6, Section 6-4, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 6-4. Contractor's bond requirements. No person or corporation acting as a contractor may perform construction work without first having obtained a bond from the City of Beaumont. Nothing in this code shall be construed to require a person to obtain a bond or license to do any work himself on his own residence which is owned and occupied as his homestead. This individual shall be present for all inspections by the City. The contractor's bond requirements shall be as follows: The bond shall cover all erecting, construction, enlarging, repairing, moving, improving, converting or demolishing of building and structures for the period of one (1)year from the date of approval and filing hereof and shall cover all work performed under said bond for a period of not less than two (2) years from the date of final building inspection. Page 1 GACG\AGENDA\PENDING\Ch 6 Amendmentsmpd Building contractor's bond $25,000.00 Roofing contractor's bond $15,000.00 Driveway and sidewalk contractor's bond $ 5,000.00 Section 2. That Chapter 6, Section 6-20, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 6-20 is hereby adopted to read as follows: Sec. 6-20 Adoption of code. There is hereby adopted by the city for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, that certain building code known as the International Building Code, being particularly the 2009 Edition thereof, including appendices B, C, D, F, J and K. One (1) copy of such International Building Code has been and now is filed in the office of the city clerk of the city and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this section shall take effect, the provisions thereof shall be controlling the construction, alteration, repair, removal, demolition, equipment and maintenance of all buildings and other structures within the corporate limits of the city, save and except the portions of the International Building Code which are hereby deleted, substituted, modified or amended, as set forth in this article. Section 3. That Chapter 6, Section 6-21, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 6-21 is hereby adopted to read as follows: Sec. 6-21. Amendments to code. Section 105.1 of the International Building Code is hereby amended as follows: Page 2 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd Section 105.1 Required. Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, or construct a sign of any description, or to install or alter fire extinguishing apparatus, elevators, engines, or to install a steam boiler, furnace, heater, incinerator, or other heat producing apparatus, or other appurtenances, or to install burglar bars, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit for the work. The building official is authorized to withhold inspections from and the issuance of permits to any contractor who fails to maintain the required bonds, insurance or approved master as required, or is thirty (30) days past due on permit invoice accounts with the city. Section 105.2 of the International Building Code is hereby amended as follows. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. Fences not over 6 feet (1829 mm) high. 2. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. 3. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2:1. 4. Painting, papering,tiling, carpeting, cabinets, countertops and similar finish work. 5. Temporary motion picture, television and theater stage sets and scenery. 6. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, do not Page 3 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd exceed 5,000 gallons (18 925 L) and are installed entirely above ground. 7. Swings and other playground equipment accessory to detached one- and two-family dwellings. 8. Window awnings supported by an exterior wall that do not project more than 54 inches(1372 mm)from the exterior wall and do not require additional support of Groups R-3 and U occupancies. 9. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Radio and television transmitting stations:The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. Page 4 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds(5 kg) or less of refrigerant and actuated by motors of 1 horsepower(746 W) or less. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures. Section 107.1 of the International Building Code is hereby amended as follows: Section 107.9 Submittal documents.Construction documents,special inspection and structural observation programs, and other data shall be submitted in two or more sets with each application for a permit. The design professional shall be an architect or engineer legally registered under the laws of this state regulating the practice of architecture or engineering and shall affix his official seal to said drawings, specifications and accompanying data, for the following. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. (1) All Group A, E and I occupancies. (11) Buildings and structures three (3) stories or more high. Page 5 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd (III) Buildings and structures 5,000 square feet or more in area. For all other buildings and structures,the submittal shall bearthe certification of the applicant that some specific state law exception permits its preparation by a person not so registered. Section 109.2 of the International Building Code is hereby amended as follows: 109.2 Schedule of permit fees. See City of Beaumont Code of Ordinances Section 6-178, Adoption of Fee Schedule. Section 109.4 of the International Building Code is hereby amended as follows: 109.4 Work commencing before permit issuance. Where work for which a permit is required by this code is started or completed prior to obtaining said permit, the fees herein specified shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein. Section 110.7 is hereby added to read as follows: Section 110.7 Address numbers. Temporary addresses should be posted at the beginning of construction and placed on a 2 ft. x 2 ft. wooden placard placed at the edge of the street and shall remain in place until structure is finished and permanent address has been installed. Buildings shall have approved permanent address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Section 112.2 of the International Building Code is hereby amended as follows: Section 112.2 Temporary service. Temporary electrical service may be supplied to a building that is under construction after the owner of the building and the general contractor make such request on a form provided Page 6 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd by the building official. The temporary service shall be provided for a period not to exceed three (3) months. Ten (10) days written notice shall be provided to the owner or occupant that the electrical service will be disconnected unless permanent approval or an additional temporary permit has been issued. The building official shall then issue written instructions to the electricity provider to disconnect the temporary electrical service.A letter addressed to 'occupant," at the address of the temporary service, shall be deemed as sufficient to notify the owner if the name and address of the owner is not known. Section 113.1 of the International Building Code is hereby amended as follows: Section 193.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official or the fire marshal relative to the application and interpretation of this code, there shall be and hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall office at its pleasure. The board shall adopt rules of procedure for conducting its business. The board shall consist of seven (7) members. Such board shall be composed of one architect, one engineer, one member at large from the building industry, one building contractor, one member at large from the public and two members from the fire service and fire safety professions. Section 114.4 of the International Building Code is hereby amended as follows: Section 114.4 Violation and penalties. Any person who shall violate any provision of the International Building Code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, demolish or move any structure, or who shall cause to be erected, constructed, altered, repaired, moved, or demolished a building or structure, in violation of a detailed statement or drawing submitted and approved thereunder, shall be guilty of a misdemeanor. Each such person deemed guilty of a violation shall be punished by a fine not exceeding two thousand dollars($2,000.00); provided, where such fine is for an offense for which the state law imposes a fine, the fine imposed by the municipal court shall be the same as the fine for each such like offense under the state law. Each day any violation of any provision of this code continues after due notice has been served shall constitute a separate offense. Page 7 GACGIAGENDA\PENDING\Ch 6 Amendments.wpd Section 114.5 is hereby added to read as follows: Section 114.5 Bond maybe revoked. (a) A building contractor's bond may be revoked, after notice and hearing before the city manager or his designee, for either [any] of the following reasons: (1) reoccurring incidents of work performed not in accordance with the International Building Code and the holder refuses to correct the violation after being given sufficient notice of said violations; or (2) the bond or permits were obtained or extended by fraud or deception; or (3) that one or more of the terms or conditions imposed by the bond has not been met or has been violated; or (4) failure of the bond holder to comply with the requirements of the International Building Code. (b) Prior to revocation of the bond, the city manager or his designee shall notify the bond holder in writing, stating the reasons for which the bond is subject to revocation and advising that the bond shall be permanently revoked at the end of five (5)days following the service of such notice, unless a request for a hearing is filed with the city manager or his designee by the bond holder, within such five (5)day period. A bond may be suspended for cause pending its revocation or a hearing relative thereto. If no request for hearing is filed within the five (5)day period, the revocation of the bond becomes final. The bond holder may not perform any work in the city during the period of suspension pending the outcome of the hearing. (c) Service of notices. Notice provided for in this ordinance [code] shall be deemed to have been properly served when the notice has been delivered personally to the bond holder, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the bond holder. A copy of such notice shall be filed with the records of the city manager or his designee. (d) Hearings. The hearings provided for in this ordinance shall be conducted by the city manager or his designee at a time and place designated by him. Based upon the record of such hearing, the city manager Page 8 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd or his designee shall make a final finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. (e) Application after revocation. Whenever a revocation of a bond has become final, the bond holder of the revoked bond may make written application for a new bond after a period of six (6) months. Section 903.4.1.1 is hereby added to read as follows: Section 903.4.1.1 Monitoring system. Fire sprinkler system shall be supervised by a fire alarm panel separate from any other fire alarm panel unless otherwise approved by the Fire Official. Sections 907.1.4, 907.1.5 and 907.1.6 are hereby added to read as follows: 907.1.4 System required. A total coverage, NFPA 72 compliant fire alarm system shall be installed in all non-sprinkled structures which are 2000 square feet or greater in size. 907.1.5 Tenant spaces. Individual spaces shall have an independent fire alarm system. 907.1.6 Code requirements. All systems shall meet all Federal, State and local codes. Section 1004.3 of the International Building Code is hereby amended as follows: Section 1004.3 Posting of occupant load. All assembly occupancies shall post an occupant load. Every room or space shall have the occupant load of the room or space posted in a conspicuous place, near the main entrance access doorway to the room or space. Posted sign shall be of an approved legible permanent design and shall be maintained by the owner or authorized agent. Any occupancy that derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premise consumption, any assembly occupancy that sells or provides setups for the on-premise consumption of alcoholic beverages and, any assembly occupancy that rents or leases rooms or spaces for the on-premise consumption of alcoholic beverages as determined by Chapter 3, Texas Alcoholic Beverage Code, shall keep an accurate count of the number of occupants, in the rooms or spaces with the posted occupant load, during business hours. The building official, fire marshal, or any other official authorized to enforce Section 1004.3 may require the owner or authorized Page 9 GACGIAGENDA\P END ING\Ch 6 Amendmentsmpd agent to conduct an immediate recount of the occupants, when the accurateness of the count is in question, in order to determine the actual number. Should the actual count of occupants exceed the posted occupant load, the occupancy owner or authorized agent will be ordered to immediately reduce occupant load to within the posted limit. It shall be unlawful for any person to violate or fail to comply with any provision of this code. Each such person deemed guilty of a violation shall be punished by a fine not exceeding two thousand dollars($2,000.00); provided,where such fine is for an offense for which the state law imposes a fine, the fine imposed by the municipal court shall be the same as the fine for each such like offense under the state law. Each day any violation of any provision of this code continues after due notice has been served shall constitute a separate offense. Section 1609.1.1.1 of the International Building Code is hereby amended as follows: Section 1609.1.1.1 Applicability. All construction, new commercial and additions shall comply to the provisions of the (ICC-600-2008). A (ICC-600-2008) form shall be signed by a structural engineer. All other commercial wood frame construction shall comply to the provisions of the (ICC-600-2008)and the Texas Windstorm Inspection Program. Inspections shall be performed by an engineer appointed by the commissioner of insurance to perform windstorm inspections. 1. The hill, ridge or escarpment is 60 feet (18 288 mm) or higher if located in Exposure B or 30 feet (9144 mm) or higher if located in Exposure C; 2. All commercial buildings and new residences to be moved shall comply with The Texas Industrialized Building Code Council; and 3. All commercial buildings to be moved shall be placed on a permanent foundation and shall be a poured in place concrete or masonry curtain wall. Curtain wall must cover three(3)sides of structure. Permanent foundations must meet Texas Windstorm Tie-Down methods. Page 10 GACG\AGENDA\PENDING\Ch 6 Amendmentsmpd Section 1804.6.1 is hereby added to read as follows: Section 1804.6.9 Open pit excavations. (1) Definitions. (a) Person. As defined in Section 1-2 of the Code of Ordinances. (b) Borrow pit. The pit, hole, or depression created by any excavation of dirt, sand, stone, or other earth material. (2) Except as provided in subparagraph(3)hereof, no person shall dig, excavate, remove, or cause to be dug, excavated, or removed, any dirt, clay, rock, or other material below the surface of the ground without having first obtained an excavation permit in accordance with the provisions of this subsection. Any excavations in violation of this subsection are hereby declared to be public nuisances. (3) This subsection shall not be applicable to excavation for foundation purposes, where a building permit has been properly applied for and granted in accordance with the International Building Code; provided, however, if the construction for which a building permit had been granted should be abandoned or delayed for a period longer than one hundred eighty (180) days, any pit excavated shall be required to conform to the provisions of subparagraphs (5), (6)and (10)of this subsection. This subsection shall not be applicable to excavations of drainage ditches, canals, or similar facilities. (4) Each application for an excavation permit shall be in writing,on a form provided for that purpose by the city engineer, stating the purpose of the proposed excavation of the land upon which the excavation is to be done, and the names of all owners of the land upon which the proposed excavation is to be done, and of all owners of land lying within one hundred (100) feet of the proposed excavation, and shall be accompanied by an accurate drawing showing the location of the proposed excavation, and the dimensions of the borrow pit to be created thereby. Each application shall be accompanied by a permit fee of thirty-five dollars($35.00),which shall be refunded to the applicant if the permit is not granted. The permit fee shall not be required of any governmental agency, entity, or instrumentality, but all other requirements of this subsection shall remain applicable to such bodies. Page 11 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd (5) No excavation shall be made within ten (10) feet of any property line, without the express written consent of the owner of the adjacent property. Borrow pits shall be sloped no steeper than two(2) feet horizontal for each one (1) foot vertical measurement. An excavation which is conducted adjacent to roadways, easements, drainage systems, utility lines, or other structures, shall be conducted at an adequate distance from such facilities, as determined by the building official, so as not to interfere with or cause damage to such facilities. (6) No excavation may be made upon any dedicated street or highway right-of-way or any planned or proposed street described in the master street plan of the city. (7) Trucks hauling excavated material shall, insofar as possible, use existing truck routes. Excavated materials shall not be dropped or placed upon any public street or highway. (8) Upon proper application as provided in subparagraph (3) hereof, the building official shall issue an excavation permit if he is satisfied, from competent evidence presented to him as he may require, that the proposed excavation is consistent with the public health, safety, and welfare, that the requirements of this subsection will be met, and that the excavation operations will be conducted in a manner and at a location which will supplement existing or proposed drainage facilities of the city. (9) If an application for an excavation permit is denied by the building official, the applicant may within ten (10) days appeal such denial to the building board of adjustment. (10) Upon completion of the excavation for which a permit has been granted hereunder, but not later than one hundred eighty (180) days after excavation has begun, a substantial fence, at least six (6) feet in height and otherwise being in accordance with specifications promulgated by the building official, shall be erected completely surrounding the borrow pit. Such fence shall be kept in good repair as long as the borrow pit exists, and all gates kept closed except as necessary for excavation and removal purposes. If any part of a borrow pit is situated within fifty (50) feet of a residence, the fence surrounding such pit shall be so constructed as to prevent small children from gaining access to the borrow pit. Page 12 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd Section 1810.3.9.5.1 is hereby added to read as follows: Section 1810.3.9.5.1. (a) General. (1) Foundation repairwork on all residential structures shall be accomplished only by a contractor licensed and bonded by the cityto operate as a building contractor, orfoundation repair contractor, within the corporate limits of the city. (2) A permit for each foundation repair project must be obtained from the building official prior to beginning any actual repair work. The fee shall be as that established by the city in accordance with current fee schedules. (3) A permit will be issued to the foundation repair contractor, upon approval by the building official of documents (in three [3] copies)submitted by the contractor containing the following information, and payment of the scheduled fee: a. A drawing of the complete building foundation plan, indicating the location of the foundation failure and the proposed corrective work. b. A detailed description of the proposed corrective work. C. A copy of the proposal to the property owner with the owner's signature indicating acceptance. d. A copy of the submittal documents, bearing the approval of the building official, shall be maintained at the job site for review by the city building inspector. e. Prior to the placement of any concrete, the contractor shall arrange for a job site inspection by the building inspector. (b) Minimum standards--Reinforced concrete foundation. Page 13 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd (1) Holes in earth for foundation piers and footings must be free of standing water, loose dirt, or other deleterious matter, prior to placement of concrete. (2) Each drilled shaft/(footing)must have as a minimum an eighteen (18) inch diameter shaft, or a twelve (12) inch diameter shaft with an eighteen inch (18")diameter footing. In lieu of these minimum size footings, an engineered design for this particular project may be substituted. Engineered design repair work shall be documented by drawings and specifications bearing the seal and signature of a current Texas-registered professional engineer. (3) Minimum sized shafts/(footings) shall have a maximum spacing of eight (8) feet for single story and six (6) feet for two-story structures. A minimum of two (2)footing diameters clearance shall be maintained between footings. (4) Shafts/footings shall be founded at a minimum depth of eight(8) inches and bearing on a firm soil of constant moisture content. (5) Each footing/shaft will have a maximum angle of fifteen (15) degrees from vertical. (6) Each shaft will contain a minimum of three (3) #5-A36 reinforcing bars for the full depth of the shaft. (7) Each shaft (footing) must have a minimum of five (5) days concrete (min. 2,500 psi at 28 days) curing time before imposing jacking loads. (8) A solid concrete block or poured in place concrete(min. 2,500 psi at 28 days)must be used to transfer the building load to the footing after jacking. (9) Minimum size (3" x 6" x 1/4") steel shims set in two (2) rows, a maximum of three (3) inches high, may be used to transfer the load to the solid concrete blocks. (10) Backfill of the excavation may consist of excavated material or low p.i. (10-20)clay compacted to existing adjacent Page 14 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd conditions. Sand backfill will not be permitted except for the top six (6) inches which may be used to level the grade. (c) Minimum standards--Houses on piers. (1) Minimum size concrete footing pads shall be 16" x 16" x 4" solid concrete with solid concrete block piers. (2) Maximum height of shims shall be one and one-half(1 1/2) inches, and shim width must equal the width of sill. Exception: Shims on existing masonry piers may have a maximum height of three (3) inches. (3) All new wood sills must be treated wood 4" x 6" half-lap spliced and properly nailed with two (2) treated wood splice plates. All joints must be supported by a pier with pad footing. Section 3410.1 of the International Building Code is hereby amended as follows: Section 3410.1 Conformance. Structures moved into or within the jurisdiction shall comply with the provisions of this code for new structures. A. It shall be unlawful to move a building or part of a building through or across any sidewalk, street, alley or highway within the city if the building or part of a building was designed for residential purposes and is to be placed on a lot in the city for residential purposes without obtaining a structure moving permit from the building official. A building or part of a building to be used for any purposes may not be moved through or across any sidewalk, street or alley within the city without first obtaining a moving permit from the building official. The application for a structure moving permit shall be accompanied by applications for all necessary permits required to bring these houses, buildings or structures into compliance with the applicable building codes. Included with the building permit application shall be a complete set of plans showing the changes, if any, of the structure after all contemplated improvements. B. A structure moving permit may be obtained from the building official if the structure, prior to being moved, meets the following criteria: Page 15 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd 1. A residential structure must be located in the city; commercial structures may only be moved from outside the city with prior approval from the building official. These commercial structures shall comply with The Texas Industrialized Building Code Council. 2. The appraised value of the structure, as set by the Jefferson County appraisal district, must be a minimum of fifty (50) percent of the average appraised value of all residential and or commercial structures on lots or tracts within four hundred (400)feet of the property line of the lot or tracts upon which the structure to be moved will be placed. 3. The application for a structure moving permit must be accompanied by an application for all necessary permits required to bring the structure into compliance with all applicable codes. Included with the building permit application shall be a complete set of plans showing the changes, if any, of the structure after all contemplated improvements. C. The building official, as a condition precedent to the issuance of a residential moving permit, shall require a bond or cashier's check in the amount of five thousand dollars ($5,000.00). Such bond or cashier's check shall be made payable to the City of Beaumont and shall be conditioned upon strict compliance with the terms of this ordinance. 1. The structure will be brought into compliance with all applicable codes and connected to water, sewer, electricity and gas if applicable ("utilities") within ninety (90) calendar days after relocation to the new site. Failure to connect the structure to utilities may result in forfeiture of the required security and demolition of the structure. If the security is forfeited for any reason, the city is hereby authorized to demolish the structure and clear the lot. By signing an application for a structure moving permit, the owner or agent for the owner agrees that the structure may be demolished by the city if it becomes necessary to forfeit the security required by this ordinance. 2. Failure or refusal to timely perform any one or more of the requirements of this ordinance may result in the forfeiture of the required security. Page 16 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd 3. Appeals from the denial of a structure moving permit or a decision to forfeit the required security by the building official shall be made in writing to the zoning board of adjustment within ten (10)days after the denial of such permit. The zoning board of adjustment may reverse the decision of the building official if the board of adjustment finds by the concurrence of four (4) members of the board that the structure meets the requirements set out herein for issuance of a building permit. 4. Extensions of time as deemed reasonable may be granted by the building official upon a showing of delay caused by matters beyond the control of the owner or mover. One thirty (30) day extension may be granted by the building official. 5. All new commercial buildings and new residences to be moved shall comply with the Texas Industrialized Building Code Council. Appendix D101.2 of the International Building Code is hereby amended as follows: Fire districts:There are hereby created and established within the city two (2) fire districts which shall be known and designated as the first fire district and the second fire district, and shall have the following boundaries: (a) First fire district. The first fire district shall include all the area lying within the following described boundaries: Beginning at the intersection of the center line of Magazine Street with the westerly bank of Brakes Bayou; thence west along the center line of Magazine Street and said center line of Willow Street; thence south along the center line of Willow Street to its intersection with the center line of Calder Avenue; thence west along the center line of Calder Avenue to its intersection with the center line of Forrest Street; thence south along the center line of Forrest Street and said center line extended to its intersection with the present main line of the Texas and New Orleans Railroad track; thence easterly along the present main line of the Texas and New Orleans Railroad track to its intersection with the center line of Trinity Street extended northward; thence in a southerly direction along the said center line of Trinity Street to its intersection with the center line of Crockett Street; thence westerly along the center line of Cricket Street to its intersection with the center line of Page 17 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd Holmes Avenue; thence southerly along the center line of Forsythe Street; thence easterly along the center line of Forsythe Street to its intersection with the center line of Trinity Street; thence southerly along the center line of Trinity Street to its intersection with the center line of College Street; thence easterly along the center line of College Street to its intersection with the center line of Neches Street; thence southerly along the center line of Neches Street to its intersection with the center line of Franklin Street;thence easterly along the center line of Franklin Street to its intersection with the center line of Park Street; thence southerly along the center line of Park Street to its intersection with the center line of Blanchette (formerly Austin) Street; thence easterly along the center line of Blanchette (formerly Austin) Street to its intersection with the center line of Main Street; thence northerly along the center line of Main Street to its intersection with the center line of Gilbert(formerly Washington)Street;thence easterly along the center line of Gilbert (formerly Washington) Street to its intersection with the easterly line of the original town site of Beaumont; thence northerly along the easterly line of the original town site of Beaumont to its intersection with the center line of College Street; thence westerly along the center line of College Street to its intersection with the center line of Market Street; thence northerly along the center line of Market Street to its intersection with the center line of Forsythe Street; thence easterly along the center line of Forsythe Street and said center line extended to its intersection with the westerly bank of the Neches River; thence in a northerly direction along the westerly bank of the Neches River and Brakes Bayou to the place of beginning. (b) Second fire district. The second fire district shall include all of the area of the city except that which is excluded in the first fire district. Section 4. That Chapter 6, Section 6-50, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 6-50 added to read as follows: Sec. 6-50. Adoption of code. The title of this article shall be "The Beaumont Electrical Code," and may be cited as such, and may be referred to in this article as "this code." Page 18 GACGIAGENDXP END ING\Ch 6 Amendmentsmpd There is hereby adopted by the city for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, and maintenance of electrical systems,within the corporate limits of the city that certain Electrical Code known as the National Electrical Code being particularly the 2008 Edition thereof, one (1) copy of such National Electrical Code has been and now is filed in the office of the city clerk of the city and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this section shall take effect,the provisions thereof shall be controlling the construction, alteration, repair, removal, demolition, equipment and maintenance of all electrical systems within the corporate limits of the city, save and except the portions of the National Electrical Code which are hereby deleted, substituted, modified or amended, as set forth in this article. Section 5. That Chapter 6, Section 6-92, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 6-92. Supervision of work. In the actual work of installing, maintaining, altering, or repairing of any electrical conductors or equipment for which a permit is required by this code, there shall be present and in direct supervision a qualified electrician of the proper classification. It shall be required that a master or sign electrician, as the case may be, be liable and responsible for the layout and technical supervision of any work which has required the securing of permits and a journeyman electrician shall not supervise at the job site more than three (3) unclassified workers. Should it come to the notice of the chief electrical inspectoror his assistants that such supervision and control are not being maintained, the inspector may order the work to be discontinued and the person to whom the permit has been issued shall discontinue further work until proper supervision has been employed or supplied. It shall be unlawful for any person to violate or fail to comply with any provision of this code. Each such person deemed guilty of a violation shall be punished by a fine not exceeding two thousand dollars ($2,000.00); provided, where such fine is for an offense for which the state law imposes a fine, the fine imposed by the municipal court shall be the same as the fine for each such like offense under the state law. Each day any violation of any provision of this code continues after due notice has been served shall constitute a separate offense. Page 19 GACG\AGENDAT END ING\Ch 6 Amendmentsmpd Section 6. That Chapter 6, Section 6-102, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 6-102. Fees. See Sec. 6-178,Adoption of Fee Schedule, of the Code of Ordinances of the City of Beaumont. Section 7. That Chapter 6, Section 6-104, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 6-104. Cancellation. The building official shall have the right to declare a permit null and void if there has been misrepresentation of facts or any violation of the provisions of this code. Section 8. That Chapter 6, Section 6-111, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 6-111. Installation standards generally. (a) All installations of electrical wiring and equipment shall be reasonably safe to persons and property and in conformity with the provisions of this code, the applicable statutes of the state, and any rules or regulations issued by authority thereof. (b) Due to the unusual climatic conditions prevailing in and about the city, certain exceptions to the wiring methods and materials, as set forth in the National Electrical Code herein adopted, shall be made as set forth in this division. Page 20 GACG\AGENDA\PENDING\Ch 6 Amendmentsmpd (c) Required Power Source. Electrical system shall be provided with service from the public utility company or a power source approved by the building official. Portable generators may only be used when service is not available from a public utility company or an approved power source or when approved by the building official for temporary power. Section 9. That Chapter 6, Section 6-115, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 6-115. Approved wiring methods, use thereof. Wiring methods approved by the National Electrical Code shall be used with the exceptions listed below: (1) Any approved method may be used for temporary work. (2) In all buildings and on all properties, all commercial buildings, and all buildings used for commercial purposes, the following wiring methods are excluded from the approved methods, as listed in the National Electrical Code: Article 398--Open wiring on insulators Article 394--Concealed knob and tube work Article 394--Electrical non-metallic tubing Article 334--Non-metallic sheathed cable Article 338--Service entrance cable Article 340--Underground feeder and branch circuit cable (3) The following equipment shall be installed on individual circuits: (a) Attic fan and heating unit. (b) Dishwasher. (c) Disposal. (d) Washing machine. (e) Dryer. (f) Water heaters and space heaters. (g) Ranges, built-in ranges, tops and ovens. (h) Air conditioning equipment. (i) Other types of equipment that requires special circuits. Q) Built-in microwave ovens. Page 21 G:\MAGENDXPENDING\Ch 6 Amendmentsmpd (4) Low voltage wiring. All low voltage wiring and devices shall be installed according to the requirements of the National Electrical Code. (5) The installation of A.C. or armored cable shall not be permitted in any place or places designed or intended for assembly occupancy purposes. Section 10. That Chapter 6, Section 6-116, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 6-116. Residential wiring. Service-entrance cable may be used on all one- and two-family residences where three (3) number six (6) copper conductors or larger are used. Section 11. That Chapter 6, Section 6-117, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 6-117. Branch circuit protection. It shall be unlawful for any person to bridge, tamper with or change from its original installation, except upon the approval of the chief electrical inspector, and then only after proper permit for alteration has been issued, any fuse of the plug, cartridge type or link type, installed in panel boards, main switches or switchboards, or to alter or change circuit breakers so that the original calibration will be affected, or to tie down or secure any circuit breaker so that it will not function properly. Only eight (8) devices shall be installed on #14 wire and ten (10) devices on #12 wire. Section 12. That Chapter 6 of the Code of Ordinances of the City of Beaumont is hereby amended by adding Section 6-118.1 to read as follows: Sec. 6-118.1 Service disconnect. Page 22 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd There shall be a service disconnect on the exterior of all commercial buildings. Section 13. That Chapter 6 of the Code of Ordinances of the City of Beaumont is hereby amended by adding Section 6-118.1.1 to read as follows: Sec. 6-118.1.1 Tenant spaces. Each individual tenant space within a structure shall have an independent service . Two (2) services on an individual tenant space within a structure shall only be permitted with prior approval from the building official. Section 14. That Chapter 6, Section 6-119, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 6-119. Extension cord. Extension cords shall not be used in commercial buildings for powering of accessory appliances as defined by the building official. Section 15. That Chapter 6, Section 6-130, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 6-130 added to read as follows: Sec. 6-130. Adoption of code. The 2009 Edition of the International Fuel Gas Code is hereby adopted and declared operative as the gas code of the city, save and except those portions that are deleted, modified or amended by this Code of Ordinances. A copy of such code is on file in the office of the city clerk. Page 23 GACG\AGENDA\PENDING\Ch 6 Amendmentsmpd Section 16. That Chapter 6, Section 6-131, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 6-131 is hereby adopted to read as follows: Sec. 6-131. Amendments to code. Section 106.6 of the International Fuel Gas Code is hereby amended to read as follows: Section 106.6 Fee Schedule. See Section 6-178, Adoption of Fee Schedule, of the Code of Ordinances of the City of Beaumont. Section 109.1 of the International Fuel Gas Code is hereby amended to read as follows: Section 109.1 Application for appeal. A person shall have the right to appeal a decision of the code official to the building board of appeals. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code official within twenty(20)days after the notice was served. Sections 109.2 through 109.2.6 of the International Fuel Gas Code are repealed. Section 17. That Chapter 6, Section 6-140, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 6-140 adopted to read as follows: Sec. 6-140. Adoption of code. The 2009 Edition of the International Plumbing Code, exceptfor appendices, is hereby adopted and declared operative as the plumbing code of the city, save and except those portions that are deleted, modified or amended by Page 24 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd this Code of Ordinances. A copy of such code is on file in the office of the city clerk. Section 18. That Chapter 6 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to add a new Section 6-141 to read as follows: Sec. 6-141. Definitions. As used in this code the following definitions shall apply: Approved orapproval:Approved bythe plumbing inspector. National, state, and city standards shall be the basis of such approval. Plumbing construction: All work and material used in installing, maintaining, or extending of a plumbing system and all appurtenances, apparatus, and equipment used in connection therewith, inside of or attached to any building or structure, lot, or premises. Plumbing contractor: Any person or firm engaged in the business of providing and selling plumbing services shall have a permanently established place of business with a published telephone number. He shall hold a master plumbing contractors certificate or shall employ an individual who does and carry him on his active payroll. A master plumber may not qualify more than one plumbing contractor. He shall be available to the inspection authority to answer any questions relating to plumbing work coming under the jurisdiction of this plumbing inspection authority. Journeyman plumber. Any person who is employed by a person (who is by training, experience, and education competent to lay out, design and install a plumbing system to conform to the IPC National Plumbing Code) to do plumbing work for wages and who does not furnish any materials or supplies in the performance of his work and holds a journeyman plumbing license. Maintenance and repair. The act of keeping in a state of safe operating condition any conductor or piece of equipment used inside or outside attached or connected to any building plumbing system, by replacement of units or elements thereof, but shall not include extensions of or additions to an existing system. Page 25 GACG�AGENDAIPENDINGGCh 6 Amendmentsmpd Maintenance plumber. A person is not required to be licensed under Chapter 1, Section 1301 .053, of the State plumbing license law. Master plumber. Any person who is, by training, experience, and education, competent to lay out, design, and install a system of plumbing and holds a master plumbing license. Section 19 . That Chapter 6, Section 6-142, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 6-142 added to read as follows: Sec. 6-142. Amendments to code. Section 106.6.2 of the International Plumbing Code is amended to read as follows: Section 106.6.2 Fee schedule. See Sec. 6-178, Adoption of fee Schedule, of the Code of Ordinances of the City of Beaumont. Section 109.1 of the International Plumbing Code is hereby amended to read as follows: Section 109.1 Application for appeal. A person shall have the right to appeal a decision of the code official to the building board of appeals. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code official within 20 days after the notice was served. Sections 109.2 through 109.2.6 of the International Plumbing Code are hereby repealed. Section 504.6 of the International Plumbing Code is hereby amended to read as follows: Section 504.6 Requirements for discharge piping. The discharge piping serving a pressure relief valve,temperature relief valve or combination thereof shall: Page 26 G:\MAGENDAIPENDIN&Ch 6 Amendmentsmpd 1. Not be directly connected to the drainage system. 2. Discharge through an air gap located in the same room as the water heater. 3. Not be smaller than the diameter of the outlet of the valve served and shall discharge full size to the air gap. 4. Serve a single relief device and shall not connect to piping serving any other relief device or equipment. 5. Discharge to a floor drain or to the outdoors. 6. Discharge in a manner that does not cause personal injury or structural damage. 7. Discharge to a termination point that is readily observable by the building occupants. 8. Not be trapped. 9. Be installed so as to flow by gravity. 10. Not terminate more than 6 inches (152 mm) above the floor or waste receptor. 11. Not have a threaded connection at the end of such piping. 12. Not have valves or tee fittings. 13. Be constructed of those materials listed in Section 605.4 or materials tested, rated and approved for such use in accordance with ASME All 12.4.1. Section 605.4.1 is added to read as follows: Section 605.4.1 Underground inaccessible water distribution piping under a slab shall be copper water tube minimum type "L" and K." Section 608.16.5 of the International Plumbing Code is amended and Sections 608.16.5.1 through 608.16.5.13 are added to read as follows: Section 608.16.5 Connections to lawn irrigation systems. Page 27 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd Section 608.16.5.1 Definitions. The following words and terms,when used in this ordinance, have the following meanings, unless the context clearly indicates otherwise. Airgap--A complete physical separation between the free flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel. Atmospheric vacuum breaker--An assembly containing an air inlet valve, a check seat, and an air inlet port. The flow of water into the body causes the air inlet valve to close the air inlet port. When the flow of water stops the air inlet valve falls and forms a check against back-siphonage.At the same time it opens the air inlet port allowing air to enter and satisfy the vacuum. Also known as an atmospheric vacuum breaker back-siphonage prevention assembly. Backflow prevention--The mechanical prevention of reverse flow, or back siphonage, of nonpotable water from an irrigation system into the potable water source. Backflow prevention assembly--Any assembly used to prevent backflow into a potable water system. The type of assembly used is based on the existing or potential degree of health hazard and backflow condition. Completion of irrigation system installation--When the landscape irrigation system has been installed, all minimum standards met, all tests performed, and the irrigator is satisfied that the system is operating correctly. Consulting--The act of providing advice, guidance, review or recommendations related to landscape irrigation systems. Cross-connection--An actual or potential connection between a potable water source and an irrigation system that may contain contaminates or pollutants or any source of water that has been treated to a lesser degree in the treatment process. Design--The act of determining the various elements of a landscape irrigation system that will include, but not be limited to, elements such as collecting site specific information, defining the scope of the project, defining plant watering needs, selecting and laying out emission devices, locating system components, conducting hydraulics calculations, identifying any local regulatory requirements, or scheduling irrigation work at a site. Completion of the various components will result in an irrigation plan. Page 28 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd Design pressure--The pressure that is required for an emission device to operate properly. Design pressure is calculated by adding the operating pressure necessary at an emission device to the total of all pressure losses accumulated from an emission device to the water source. Double check valve--An assembly that is composed of two independently acting, approved check valves, including tightly closed resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. Also known as a double check valve backflow prevention assembly. Emission device--Any device that is contained within an irrigation system and that is used to apply water. Common emission devices in an irrigation system include, but are not limited to, spray and rotary sprinkler heads, and drip irrigation emitters. Employed--Engaged or hired to provide consulting services or perform any activity relating to the sale, design, installation, maintenance, alteration, repair, or service to irrigation systems. A person is employed if that person is in an employer-employee relationship as defined by Internal Revenue Code, 26 United States Code Service §3212(d) based on the behavioral control, financial control, and the type of relationship involved in performing employment related tasks. Head-to-head spacing--The spacing of spray or rotary heads equal to the manufacturer's published radius of the head. Health hazard--A cross-connection or potential cross-connection with an irrigation system that involves any substance that may, if introduced into the potable water supply, cause death or illness, spread disease, or have a high probability of causing such effects. Hydraulics--The science of dynamic and static water; the mathematical computation of determining pressure losses and pressure requirements of an irrigation system. Inspector--A licensed plumbing inspector, water district operator, other governmental entity, or irrigation inspector who inspects irrigation systems and performs other enforcement duties for a municipality or water district as an employee or as a contractor. Installer--A person who actually connects an irrigation system to a private or public raw or potable water supply system or any water supply, who is Page 29 GACGIAGENDAT END ING\Ch 6 Amendmentsmpd licensed according to Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations). Irrigation inspector--A person who inspects irrigation systems and performs other enforcement duties for a municipality or water district as an employee or as a contractor and is required to be licensed under Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations). Irrigation plan--A scaled drawing of a landscape irrigation system which lists required information, the scope of the project, and represents the changes made in the installation of the irrigation system. Irrigation services--Selling, designing, installing, maintaining, altering, repairing, servicing, permitting, providing consulting services regarding, or connecting an irrigation system to a water supply. Irrigation system--An assembly of component parts that is permanently installed for the controlled distribution and conservation of water to irrigate any type of landscape vegetation in any location, and/or to reduce dust or control erosion. This term does not include a system that is used on or by an agricultural operation as defined by Texas Agricultural Code, §251.002. Irrigation technician--A person who works under the supervision of a licensed irrigator to install, maintain, alter, repair, service or supervise installation of an irrigation system, including the connection of such system in or to a private or public, raw or potable water supply system or any water supply, and who is required to be licensed under Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations). Irrigation zone--A subdivision of an irrigation system with a matched precipitation rate based on plant material type(such as turf,shrubs, or trees), microclimate factors (such as sun/shade ratio), topographic features (such as slope) and soil conditions (such as sand, loam, clay, or combination) or for hydrological control. Irrigator--A person who sells, designs,offers consultations regarding, installs, maintains, alters, repairs, services or supervises the installation of an irrigation system, including the connection of such system to a private or public, raw or potable water supply system or any water supply, and who is required to be licensed under Title 30, Texas Administrative Code, Chapter 30. Page 30 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd Irrigator-in-charge--The irrigator responsible for all irrigation work performed by an exempt business owner, including, but not limited to obtaining permits, developing design plans, supervising the work of other irrigators or irrigation technicians, and installing, selling, maintaining, altering, repairing, or servicing a landscape irrigation system. Landscape irrigation--The science of applying the necessary amount of water to promote or sustain healthy growth of plant material or turf. License--An occupational license that is issued by the Texas Commission on Environmental Quality under Title 30, Texas Administrative Code, Chapter 30 to an individual that authorizes the individual to engage in an activity that is covered by Title 30, Texas Administrative Code, Chapter 30. Mainline--A pipe within an irrigation system that delivers water from the water source to the individual zone valves. Maintenance checklist--A document made available to the irrigation system's owner or owner's representative that contains information regarding the operation and maintenance of the irrigation system, including, but not limited to: checking and repairing the irrigation system, setting the automatic controller, checking the rain or moisture sensor, cleaning filters, pruning grass and plants away from irrigation emitters, using and operating the irrigation system, the precipitation rates of each irrigation zone within the system, any water conservation measures currently in effect from the water purveyor, the name of the water purveyor, a suggested seasonal or monthly watering schedule based on current evapotranspiration data for the geographic region, and the minimum water requirements for the plant material in each zone based on the soil type and plant material where the system is installed. Major maintenance, alteration, repair, or service--Any activity that involves opening to the atmosphere the irrigation main line at any point prior to the discharge side of any irrigation zone control valve. This includes, but is not limited to, repairing or connecting into a main supply pipe, replacing a zone control valve, or repairing a zone control valve in a manner that opens the system to the atmosphere. Master valve--A remote control valve located after the backflow prevention device that controls the flow of water to the irrigation system mainline. Matched precipitation rate--The condition in which all sprinkler heads within an irrigation zone apply water at the same rate. Page 31 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd New installation--An irrigation system installed at a location where one did not previously exist. Pass-through contract--A written contract between a contractor or builder and a licensed irrigator or exempt business owner to perform part or all of the irrigation services relating to an irrigation system. Potable water--Water that is suitable for human consumption. Pressure vacuum breaker--An assembly containing an independently operating internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. Also known as a pressure vacuum breaker back-siphonage prevention assembly. Reclaimed water--Domestic or municipal wastewater which has been treated to a quality suitable for beneficial use, such as landscape irrigation. Records of landscape irrigation activities--The irrigation plans, contracts, warranty information, invoices, copies of permits, and other documents that relate to the installation, maintenance, alteration, repair, or service of a landscape irrigation system. Reduced pressure principle backflow prevention assembly--An assembly containing two independently acting approved check valves together with a hydraulically operating mechanically independent pressure differential relief valve located between the two check valves and below the first check valve. Static water pressure--The pressure of water when it is not moving. Supervision--The on-the-job oversight and direction by a licensed irrigator who is fulfilling his or her professional responsibility to the client and/or employer in compliance with local or state requirements. Also a licensed installer working under the direction of a licensed irrigator or beginning January 1, 2009, an irrigation technician who is working under the direction of a licensed irrigator to install, maintain, alter, repair or service an irrigation system. Water conservation--The design, installation, service, and operation of an irrigation system in a manner that prevents the waste of water, promotes the most efficient use of water, and applies the least amount of water that is required to maintain healthy individual plant material or turf, reduce dust, and control erosion. Page 32 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd Zone flow--A measurement, in gallons per minute or gallons per hour, of the actual flow of water through a zone valve, calculated by individually opening each zone valve and obtaining a valid reading after the pressure has stabilized. For design purposes, the zone flow is the total flow of all nozzles in the zone at a specific pressure. Zone valve--An automatic valve that controls a single zone of a landscape irrigation system. Section 608.16.5.2 Valid license required. Any person who connects an irrigation system to the water supply within the City must hold a valid license, as defined by Title 30, Texas Administrative Code, Chapter 30 and required by Chapter 1903 of the Texas Occupations Code, or as defined by Chapter 365, Title 22 of the Texas Administrative Code and required by Chapter 1301 of the Texas Occupations Code. Exemptions: A property owner is not required to be licensed in accordance with Texas Occupations Code, Title 12, §1903.002(c)(1) if he or she is performing irrigation work in a building or on a premises owned or occupied by the person as the person's home. A home or property owner who installs an irrigation system must meet the standards contained in Title 30, Texas Administrative Code, Chapter 344 regarding spacing, water pressure, spraying water over impervious materials, rain or moisture shut-off devices or other technology, backflow prevention and isolation valves. The city may, at any point, adopt more stringent requirements for a home or property owner who installs an irrigation system. See Texas Occupations Code §1903.002 for other exemptions to the licensing requirement. Section 608.16.5.3 Permitrequired. Any person installing an irrigation system within the jurisdiction of the city is required to obtain a permit from the city. Any plan approved for a permit must be in compliance with the requirements of this chapter. Exemptions: (1) An irrigation system used on or by an agricultural operation as defined by Section 251.002, Texas Agriculture Code. Section 608.16.5.4 Backflow prevention methods and devices. Page 33 GAMAGENDA\PENDING\Ch 6 Amendmentsmpd (a) Any irrigation system that is connected to the potable water supply must be connected through a backflow prevention method approved by the Texas Commission on Environmental Quality (TCEQ). The backflow prevention device must be approved by a laboratory that has equivalent capabilities for both the laboratory and field evaluation of backflow prevention assemblies.The backflow prevention device must be installed in accordance with the laboratory approval standards or if the approval does not include specific installation information, the manufacturer's current published recommendations. (b) If conditions that present a health hazard exist, one of the following methods must be used to prevent backflow: (1) An air gap may be used if: (A) there is an unobstructed physical separation; and (B) the distance from the lowest point of the water supply outlet to the flood rim of the fixture or assembly into which the outlet discharges is at least one inch or twice the diameter of the water supply outlet,whichever is greater. (2) Reduced pressure principle backflow prevention assemblies may be used if: (A) the device is installed at a minimum of 12 inches above ground in a location that will ensure that the assembly will not be submerged; and (B) drainage is provided for any water that may be discharged through the assembly relief valve. (3) Pressure vacuum breakers may be used if: (A) no back-pressure condition will occur; and (B) the device is installed at a minimum of 12 inches above any downstream piping and the highest downstream opening. Pop-up sprinklers are measured from the retracted position from the top of the sprinkler. (4) Atmospheric vacuum breakers may be used if: Page 34 GACGWGENDATENDING\Ch 6 Amendmentsmpd (A) No back-pressure will be present. (B) There are no shutoff valves downstream from the atmospheric vacuum breaker. (C) The device is installed at a minimum of six (6) inches above any downstream piping and the highest downstream opening. Pop-up sprinklers are measured from the retracted position from the top of the sprinkler. (D) There is no continuous pressure on the supply side of the atmospheric vacuum breaker for more than 12 hours in any 24-hour period. (E) A separate atmospheric vacuum breaker is installed on the discharge side of each irrigation control valve, between the valve and all the emission devices that the valve controls. Backflow prevention devices used in applications designated as health hazards must be tested upon installation and annually thereafter. (F) If an existing irrigation system without a backflow-prevention assembly requires major maintenance, alteration, repair, or service, the system must be connected to the potable water supply through an approved, properly installed backflow prevention method before any major maintenance, alteration, repair, or service is performed and shall comply with Sec. 28-57, Cross-connection control and prevention, of the Code of Ordinances of the City of Beaumont and Texas Commission on Environmental Quality rules and regulations. (G) If an irrigation system is connected to a potable water supply through a double check valve, pressure vacuum breaker,or reduced pressure principle backflow assembly and includes an automatic master valve on the system, the automatic master valve must be installed on the discharge side of the backflow prevention assembly. (H) The irrigator shall ensure the backflow prevention device is tested by a licensed backflow prevention Page 35 GAMAGENDATENDING\Ch 6 Amendments.wpd assembly tester prior to being placed in service and the test results provided to the city of Beaumont water utilities director within ten (10) business days of testing of the backflow prevention device. (1) Back flow prevention assemblies are required to be tested on a annual basis with test results provided to the water utilities director within ten (10) business days of testing of the backflow prevention device. Specific Conditions and Cross-Connection Control: (a) Before any chemical is added to an irrigation system connected to the potable water supply, the irrigation system must be connected through a reduced pressure principle backflow prevention assembly or air gap. (b) Connection of any additional water source to an irrigation system that is connected to the potable water supply can only be done if the irrigation system is connected to the potable water supply through a reduced-pressure principle backflow prevention assembly or an air gap. (c) Irrigation system components with chemical additives induced by aspiration, injection, or emission system connected to any potable water supply must be connected through a reduced pressure principle backflow device. (d) If an irrigation system is designed or installed on a property that is served by an on-site sewage facility, as defined in Title 30, Texas Administrative Code, Chapter 285, then: (1) all irrigation piping and valves must meet the separation distances from the on-site sewage facilities system as required for a private water line in Title 30, Texas Administrative Code, Section 285.91(10); (2) any connections using a private or public potable water source that is not the city's potable water system must be connected to the water source through a reduced pressure principle backflow prevention assembly as defined in Title 30, Texas Administrative Code, Section 344.50; and I Page 36 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd (3) any water from the irrigation system that is applied to the surface of the area utilized by the on-site sewage facility system must be controlled on a separate irrigation zone or zones so as to allow complete control of any irrigation to that area so that there will not be excess water that would prevent the on-site sewage facilities system from operating effectively. Section 608.16.5.5 Water Conservation.All irrigation systems shall be designed, installed, maintained, altered, repaired, serviced, and operated in a manner that will promote water conservation as defined in the Definitions section of this ordinance. Section 608.16.5.6 Irrigation Plan Design: Minimum Standards. (a) An irrigator shall prepare an irrigation plan for each site where a new irrigation system will be installed. A paper or electronic copy of the irrigation plan must be on the job site at all times during the installation of the irrigation system. A drawing showing the actual installation of the system is due to each irrigation system owner after all new irrigation system installations. During the installation of the irrigation system, variances from the original plan may be authorized by the licensed irrigator if the variance from the plan does not: (1) diminish the operational integrity of the irrigation system; (2) violate any requirements of this ordinance; and (3) go unnoted in red on the irrigation plan. (b) The irrigation plan must include complete coverage of the area to be irrigated. If a system does not provide complete coverage of the area to be irrigated, it must be noted on the irrigation plan. (c) All irrigation plans used for construction must be drawn to scale. The plan must include, at a minimum, the following information: (1) the irrigator's seal, signature, and date of signing; (2) all major physical features and the boundaries of the areas to be watered; (3) a North arrow; Page 37 G:1CG\AGENDAIPENDING\Ch 6 Amendmentsmpd (4) a legend; (5) the zone flow measurement for each zone; (6) location and type of each: (A) controller; and (B) sensor (for example, but not limited to, rain, moisture, wind, flow, or freeze); (7) location, type, and size of each: (A) water source, such as, but not limited to, water meter and point(s) of connection; (B) backflow prevention device; (C) water emission device, including, but not limited to, spray heads, rotary sprinkler heads, quick-couplers, bubblers, drip, or micro-sprays; (D) valve, including, but not limited to, zone valves, master valves, and isolation valves; (E) pressure regulation component; and (F) main line and lateral piping. (8) the scale used; and (9) the design pressure. Section 608.16.5.7 Design and Installation: Minimum Requirements. (a) No irrigation design or installation shall require the use of any component, including the water meter, in a way which exceeds the manufacturer's published performance limitations for the component. (b) Spacing. (1) The maximum spacing between emission devices must not exceed the manufacturer's published radius or spacing of the Page 38 G:1CGIAGENDAIPENDING\Ch 6 Amendmentsmpd device(s). The radius or spacing is determined by referring to the manufacturer's published specifications for a specific emission device at a specific operating pressure. (2) New irrigation systems shall not utilize above-ground spray emission devices in landscapes that are less than 48 inches not including the impervious surfaces in either length or width and which contain impervious pedestrian or vehicular traffic surfaces along two or more perimeters. If pop-up sprays or rotary sprinkler heads are used in a new irrigation system, the sprinkler heads must direct flow away from any adjacent surface and shall not be installed closer than four(4)inches from a hardscape, such as, but not limited to, a building foundation,fence, concrete,asphalt, pavers,or stones set with mortar. (3) Narrow paved walkways, jogging paths, golf cart paths or other small areas located in cemeteries, parks, golf courses or other public areas may be exempted from this requirement if the runoff drains into a landscaped area. (c) Waterpressure. Emission devices must be installed to operate at the minimum and not above the maximum sprinkler head pressure as published by the manufacturer for the nozzle and head spacing that is used. Methods to achieve the water pressure requirements include, but are not limited to,flow control valves,a pressure regulator,or pressure compensating spray heads. (d) Piping. Piping in irrigation systems must be designed and installed so that the flow of water in the pipe will not exceed a velocity of five (5) feet per second for polyvinyl chloride (PVC) pipe. (e) Irrigation Zones. Irrigation systems shall have separate zones based on plant material type, microclimate factors, topographic features, soil conditions, and hydrological requirements. (f) Matched precipitation rate. Zones must be designed and installed so that all of the emission devices in that zone irrigate at the same precipitation rate. (g) Irrigation systems shall not spray water over surfaces made of concrete, asphalt, brick, wood, stones set with mortar, or any other impervious material, such as, but not limited to, walls, fences, sidewalks, streets, etc. Page 39 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd (h) Master valve. When provided, a master valve shall be installed on the discharge side of the backflow prevention device on all new installations. (i) PVC pipe primer solvent. All new irrigation systems that are installed using PVC pipe and fittings shall be primed with a colored primer prior to applying the PVC cement in accordance with the Uniform Plumbing Code (Section 316) or the International Plumbing Code (Section 605). 0) Rain or moisture shut-off devices or other technology. All new automatically controlled irrigation systems must include sensors or other technology designed to inhibit or interrupt operation of the irrigation system during periods of moisture or rainfall. Rain or moisture shut-off technology must be installed according to the manufacturer's published recommendations. Repairs to existing automatic irrigation systems that require replacement of an existing controller must include a sensor or other technology designed to inhibit or interrupt operation of the irrigation system during periods of moisture or rainfall. (k) Isolation valve. All new irrigation systems must include an isolation valve between the water meter and the backflow prevention device. (1) Depth coverage of piping. Piping in all irrigation systems must be installed according to the manufacturer's published specifications for depth coverage of piping. (1) If the manufacturer has not published specifications for depth coverage of piping, the piping must be installed to provide minimum depth coverage of six (6) inches of select backfill, between the top of the pipe and the natural grade of the topsoil. All portions of the irrigation system that fail to meet this standard must be noted on the irrigation plan. If the area being irrigated has rock at a depth of six (6) inches or less, select backfill may be mounded over the pipe. Mounding must be noted on the irrigation plan and discussed with the irrigation system owner or owner's representative to address any safety issues. (2) If a utility, man-made structure, or roots create an unavoidable obstacle, which makes the six (6) inch depth coverage requirement impractical, the piping shall be installed to provide a minimum of two (2) inches of select backfill between the top of the pipe and the natural grade of the topsoil. Page 40 GACGIAGENDA\PENDING\Ch 6 Amendmentsmpd (3) All trenches and holes created during installation of an irrigation system must be backfilled and compacted to the original grade. (4) Underground electrical wiring that connects an automatic controller to any electrical component of the irrigation system must be buried with a minimum of six (6) inches of select backfill. (m) Water contained within the piping of an irrigation system is deemed to be non-potable. No drinking or domestic water usage, such as, but not limited to, filling swimming pools or decorative fountains, shall be connected to an irrigation system. If a hose bib (an outdoor water faucet that has hose threads on the spout) is connected to an irrigation system for the purpose of providing supplemental water to an area, the hose bib must be installed using a quick coupler key on a quick coupler installed in a covered purple valve box and the hose bib and any hoses connected to the bib must be labeled "Non-Potable, Not Safe for Drinking." An isolation valve must be installed upstream of a quick coupler connecting a hose bib to an irrigation system. (n) A licensed irrigator or a licensed irrigation technician shall be on-site at all times while the landscape irrigation system is being installed. When an irrigator is not onsite, the irrigator shall be responsible for ensuring that a licensed irrigation technician is on-site to supervise the installation of the irrigation system. Section 608.16.5.8 Completion of Irrigation System Installation. Upon completion of the irrigation system, the irrigator or irrigation technician who provided supervision for the on-site installation shall be required to complete four (4) items: (1) A final "walk through" with the irrigation system's owner or the owner's representative to explain the operation of the system. 2 The maintenance checklist on which the irrigator or irrigation technician shall obtain the signature of the irrigation system's owner or owner's representative and shall sign, date, and seal the checklist. If the irrigation system's owner or owner's representative is unwilling or unable to sign the maintenance checklist,the irrigator shall note the time and date of the refusal on the irrigation system's owner or owner's representative's signature line. The irrigation system owner or owner's representative will be given the original maintenance checklist and a duplicate copy of the maintenance checklist shall be maintained Page 41 GA AGENDATENDING\Ch 6 Amendmentsmpd by the irrigator. The items on the maintenance checklist shall include, but are not limited to: (A) the manufacturer's manual for the automatic controller, if the system is automatic; (B) a seasonal (spring, summer, fall, winter) watering schedule based on either current/real time evapotranspiration or monthly historical reference evapotranspiration (historical ET)data, monthly effective rainfall estimates, plant landscape coefficient factors, and site factors; (C) a list of components, such as the nozzle, or pump filters, and other such components; that require maintenance and the recommended frequency for the service; and (D) the statement, "This irrigation system has been installed in accordance with all applicable state and local laws, ordinances, rules, regulations or orders. I have tested the system and determined that it has been installed according to the Irrigation Plan and is properly adjusted for the most efficient application of water at this time." (3) A permanent stickerwhich contains the irrigator's name, license number, company name, telephone number and the dates of the warranty period shall be affixed to each automatic controller installed by the irrigator or irrigation technician. If the irrigation system is manual, the sticker shall be affixed to the original maintenance checklist. The information contained on the sticker must be printed with waterproof ink. (4) The irrigation plan indicating the actual installation of the system must be provided to the irrigation system's owner or owner's representative. Section 608.16.5.9 Maintenance, Alteration, Repair, or Service of Irrigation Systems. (a) The licensed irrigator is responsible for all work that the irrigator performed during the maintenance, alteration, repair, or service of an irrigation system during the warranty period. The irrigator or business owner is not responsible for the professional negligence of any other irrigator who subsequently conducts any irrigation service on the same irrigation system. Page 42 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd (b) All trenches and holes created during the maintenance, alteration, repair, or service of an irrigation system must be returned to the original grade with compacted select backfill. (c) Colored PVC pipe primer solvent must be used on all pipes and fittings used in the maintenance, alteration, repair, or service of an irrigation system in accordance with the Uniform Plumbing Code (Section 316) or the International Plumbing Code (Section 605). (d) When maintenance, alteration, repair or service of an irrigation system involves excavation work at the water meter or backflow prevention device, an isolation valve shall be installed, if an isolation valve is not present. Advertisement Requirements (a) All vehicles used in the performance of irrigation installation, maintenance, alteration, repair, or service must display the irrigator's license number in the form of"LI " in a contrasting color of block letters at least two (2) inches high, on both sides of the vehicle. (b) All forms of written and electronic advertisements for irrigation services must display the irrigator's license number in the form of "LI " Any form of advertisement, including business cards and estimates, which displays an entity's or individual's name other than that of the licensed irrigator must also display the name of the licensed irrigator and the licensed irrigator's license number. Trailers that advertise irrigation services must display the irrigator's license number. (c) The name, mailing address, and telephone number of the commission must be prominently displayed on a legible sign and displayed in plain view for the purpose of addressing complaints at the permanent structure where irrigation business is primarily conducted and irrigation records are kept. Section 608.16.5.90 Contracts. (a) All contracts to install an irrigation system must be in writing and signed by each party and must specify the irrigator's name, license number, business address, current business telephone numbers, the date that each party signed the agreement, the total agreed price, and must contain the statement, "Irrigation in Texas is regulated by the Texas Commission on Page 43 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd Environmental Quality (TCEQ), MC-178, P.O. Box 13087, Austin, Texas 78711-3087. TCEQ's website is: www. tceq.state.tx.us." All contracts must include the irrigator's seal, signature, and date. (b) All written estimates, proposals, bids, and invoices relating to the installation or repair of an irrigation system(s) must include the irrigator's name, license number, business address, current business telephone number(s), and the statement: "Irrigation in Texas is regulated by the Texas Commission On Environmental Quality (TCEQ) (MC-178), P.O. Box 13087, Austin, Texas 78711-3087. TCEQ's web site is: www.tceq.state.tx.us." (c) An individual who agrees by contract to provide irrigation services as defined in Title 30, Texas Administrative Code, Section 344.30 (relating to License Required)shall hold an irrigator license issued under Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations)unless the contract is a pass-through contract as defined in Title 30, Texas Administrative Code, Section 344.1(36)(relating to Definitions). If a pass-through contract includes irrigation services, then the irrigation portion of the contract can only be performed by a licensed irrigator. If an irrigator installs a system pursuant to a pass-through contract, the irrigator shall still be responsible for providing the irrigation system's owner or owner's representative a copy of the warranty and all other documents required under this chapter. A pass-through contract must identify by name and license number the irrigator that will perform the work and must provide a mechanism for contacting the irrigator for irrigation system warranty work. (d) The contract must include the dates that the warranty is valid. Section 608.16.5.11 Warranties for Systems. (a) On all installations of new irrigation systems, an irrigator shall present the irrigation system's owner or owner's representative with a written warranty covering materials and labor furnished in the new installation of the irrigation system. The irrigator shall be responsible for adhering to terms of the warranty. If the irrigator's warranty is less than the manufacturer's warranty for the system components, then the irrigator shall provide the irrigation system's owner or the owner's representative with applicable information regarding the manufacturer's warranty period.The warranty must include the irrigator's seal, signature, and date. If the warranty is part of an irrigator's contract, a separate warranty document is not required. (b) An irrigator's written warranty on new irrigation systems must specify the irrigator's name, business address, and business telephone Page 44 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd number(s), must contain the signature of the irrigation system's owner or owner's representative confirming receipt of the warranty and must include the statement: "Irrigation in Texas is regulated by the Texas Commission on Environmental Quality (TCEQ), MC-178, P.O. Box 130897, Austin, Texas 78711-3087. TCEQ's website is: www.tceq.state.tx.us." (c) On all maintenance, alterations, repairs, or service to existing irrigation systems, an irrigator shall present the irrigation system's owner or owner's representative a written document that identifies the materials furnished in the maintenance, alteration, repair, or service. If a warranty is provided, the irrigator shall abide by the terms. The warranty document must include the irrigator's name and business contact information. Section 608.16.5.92 Items not covered by this ordinance. Any item not covered by their ordinance and required by law shall be governed by the Texas Occupations Code, the Texas Water Code, Title 30 of the Texas Administrative Code, and any other applicable state statute or Texas Commission on Environmental Quality rule. Section 608.16.5.13 Enforcement. (a) The City shall have the power to administer and enforce the provisions of this chapter as may be required by governing law. Any person, firm, corporation or agent who shall violate a provision of this code, or fails to comply therewith, or with any of the requirements thereof, is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of the ordinance codified in this chapter is declared to be a nuisance. (b) It shall be unlawful for any person to violate or fail to comply with any provision of this code. Each such person deemed guilty of a violation shall be punished by a fine not exceeding two thousand dollars ($2,000.00); provided, where such fine is for an offense for which the state law imposes a fine, the fine imposed by the municipal court shall be the same as the fine for each such like offense under the state law. Each day any violation of any provision of this code continues after due notice has been served shall constitute a separate offense. (c) Nothing in this chapter shall be construed as a waiver of the city's right to bring a civil action to enforce the provisions of this chapter and to seek remedies as allowed by law, including, but not limited to, the following: Page 45 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd (1) injunctive relief to prevent specific conduct that violates the ordinance or to require specific conduct that is necessary for compliance with the ordinance; and (2) other available relief. Section 702.2 of the International Plumbing Code is hereby amended to read as follows: Section 702.2. All sanitary drainage and vent piping for building drain or building sewer to be schedule 40 PVC or better, cast iron, or copper tube. Section 909.1.1 of the International Plumbing Code is hereby amended to read as follows: Section 909.1.1 Wet Venting. Wet venting shall only be permitted with approval from the chief plumbing inspector. Section 917.1 of the International Plumbing Code is hereby amended to read as follows: Section 917.1 General. Air admittance valves will only be allowed with approval from the building official. Section 20. That Chapter 6 of the Code of Ordinances of the City of Beaumont be and the same is amended to add Section 6-143 to read as follows: Sec. 6-143. Supervision of work. In the actual work of installing, maintaining, altering, or repairing of any plumbing system or equipment for which a permit is required by this code, there shall be present and in direct supervision a qualified plumber of the proper classification. It shall be required that a master or journeyman , as the case may be, be liable and responsible for the layout and technical supervision of any work which has required the securing of permits and a journeyman plumber shall not supervise at the job site more than three (3) unclassified workers. Should it come to the notice of the chief plumbing inspector or his assistants that such supervision and control are not being maintained, the inspector may order the work to be discontinued and the Page 46 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd person to whom the permit has been issued shall discontinue further work until proper supervision has been employed or supplied. Section 21. That Chapter 6, Section 6-170, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 6-170 adopted to read as follows: Sec. 6-170. International Mechanical Code adopted; on file. There is hereby adopted by the city, for the purpose of establishing rules and regulations for air conditioning, heating and ventilating equipment, refrigeration, ducts and duct systems, piping, incinerators and electrical requirements for same, that certain code known as the International Mechanical Code, being particularly the 2009 Edition, except for appendices, of which one (1) copy has been and now is filed in the office of the city clerk for the city and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this article shall take effect, the provisions thereof shall be controlling in the construction of air conditioning, heating, and ventilating equipment, refrigeration equipment, ducts and duct systems, piping, incinerators and the electrical requirements for same, save and except the portions of the International Mechanical Code which are hereby deleted, substituted, modified or amended as set forth in this article. Section 22. That Chapter 6, Section 6-171, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 6-171 is hereby adopted to read as follows: Sec. 6-171. Amendments to code. Section 106.5.2 of the International Mechanical Code is hereby amended to read as follows: Section 106.5.2 Fee schedule. See Sec. 6-178, Adoption of Fee Schedule, of the Code of Ordinances of the City of Beaumont. Page 47 GACG\AGENDA\PENDING\Ch 6 Amendmentsmpd Section 301.7 of the International Mechanical Code is amended to read as follows: Section 301.7. Electrical. All electric connections between fuel-fired appliances, mechanical equipment,etc.,and the building wiring shall conform to N.F.P.A. 70 and the currently adopted National Electrical Code. Sections 301.7. 1 and 301.7.2 are added to read as follows: Section 301.7.1 For new construction, a disconnecting means and one hundred fifteen-volt outlet shall be installed within sight and easy reach in the ungrounded leads of each power circuit to electrically operated components. The disconnecting means shall in no case be installed farther than six (6) feet from the service side of the equipment. Section 301.7.2 For existing construction,disconnecting means(shall be installed) within sight, not more than a fifty (50) foot distance from the equipment, and within easy reach to the ungrounded leads of each power circuit to electrically operated components. Section 306.3 of the International Mechanical Code is amended to read as follows: Section 306.3 Appliances in attics. Attics containing appliances shall be provided with an opening and unobstructed passageway large enough to allow removal of the largest appliance. The passageway shall not be less than 30 inches (762 mm) high and 22 inches (559 mm) wide and not more than 20 feet (6096 mm) in length measured along the centerline of the passageway from the opening to the appliance. The passageway shall have continuous solid flooring not less than 24 inches (610 mm) wide. A level service space not less than 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be present at the front or service side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), and large enough to allow removal of the largest appliance. Exceptions: 1. The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening. Page 48 G:\CG\AGENDA\PENDING\Ch 6 Amendments.wpd 2. Where the passageway is unobstructed and not less than 6 feet (1829 mm) high and 22 inches(559 mm)wide for its entire length, the passageway shall be not greater than 50 feet (15 250 mm) in length. 3. In all Type R construction a pull down stairway shall be installed for appliance access. Section 23. That Chapter 6, Section 6-172, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 6-172 adopted to read as follows: Sec. 6-172. Adoption of code. The 2009 Edition of the International Existing Building Code is hereby adopted and declared operative as the existing building code of the city. A copy of such code is on file in the office of the city clerk. Section 24. That Chapter 6, Article VIII, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding Section 6-172.1 to read as follows: Sec. 6-172.1. Amendments to code. Section 113.4ofthe International Existing Building Code is herebyamended to read as follows: Section 113.4. Violation penalties. It shall be unlawful for any person to violate or fail to comply with any provision of this code. Each such person deemed guilty of a violation shall be punished by a fine not exceeding two thousand dollars ($2,000.00); provided, where such fine is for an offense for which the state law imposes a fine, the fine imposed by the municipal court shall be the same as the fine for each such like offense under the state law. Each day any violation of any provision of this code continues after due notice has been served shall constitute a separate offense. Page 49 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd Section 25. That Chapter 6, Section 6-173, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 6-20 is hereby adopted to read as follows: Sec. 6-173. Adoption of code. The 2009 Edition of the International Residential Code for One and Two Family Dwellings (IRC), including Appendices G and J, is hereby adopted and declared operative as the residential building code of the city, save and except those portions that are deleted, modified, or amended by this Code of Ordinances. A copy of such code is on file in the office of the city clerk. Section 26. That Chapter 6, Section 6-174, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 6-21 is hereby adopted to read as follows: Sec. 6-174. Code amendments, modifications and deletions. Section R105.2 of the International Residential Code is hereby amended to read as follows: R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Building: 1. Fences not over 6 feet (1829 mm) high. 2. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. Page 50 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd 3. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 4. Prefabricated swimming pools thatare lessthan 24 inches(610 mm) deep. 5. Swings and other playground equipment. 6. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. Electrical: 1. Listed cord-and-plug connected temporary decorative lighting. 2. Reinstallation of attachment plug receptacles but not the outlets therefor. 3. Replacement of branch circuit overcurrent devices of the required capacity in the same location. 4. Electrical wiring, devices, appliances, apparatus or equipment operating at less that 25 volts and not capable of supplying more than 50 watts of energy. 5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Gas: 1. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 2. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Mechanical: 1. Portable heating appliances. 2. Portable ventilation appliances. Page 51 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd 3. Portable cooling units. 4. Steam, hot-or chilled-water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. Portable evaporative coolers. 7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less. 8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe,water, soil,waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, of fixtures. Section R108.2 of the International Residential Code is hereby amended to read as follows: Section R108.2 Schedule of permit fees. See Sec. 6-178,Adoption of Fee Schedule, of the Code of Ordinances of the City of Beaumont. Section R112.2.2 of the International Residential Code is hereby repealed. Section R113.4.1 is hereby added to read as follows: Section R113.4.1 It shall be unlawful for any person to violate or fail to comply with any provision of this code. Each such person deemed guilty of a violation shall be punished by a fine not exceeding two thousand dollars ($2,000.00); provided, where such fine is for an offense for which the state Page 52 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd law imposes a fine, the fine imposed by the municipal court shall be the same as the fine for each such like offense under the state law. Each day any violation of any provision of this code continues after due notice has been served shall constitute a separate offense. Section R301.2.1.1 of the International Residential Code is hereby amended to read as follows: R301.2.1.1 Design criteria. In regions where the basic wind speeds from Figure R301.2(4) equal or exceed 100 miles per hour (45 m/s) in hurricane-prone regions, or 110 miles per hour (49 m/s) elsewhere, the design of buildings shall be in accordance with one of the following methods. The elements of design not addressed by those documents in Items 1 through 3 shall be in accordance with this code. 1. American Forest and Paper Association(AF&PA)Wood Frame Construction Manual for One-and Two-Family Dwellings(WFCM); or 2. All new residential and additions, construction and reroofs, shall comply to the International Code Council Standard for Residential Construction in High wind Regions (ICC-600-2008) and the Texas Windstorm Inspection Program. Inspections shall be performed by an engineer appointed by the commissioner of insurance to perform windstorm inspections. 3. American Iron and Steel Institute AISI , Standard for Cold- Formed ) Formed Steel Framing--Prescriptive Method for One-and Two-Family Dwellings (AISI S230). 4. Concrete construction shall be designed in accordance with the provisions of this code. 5. Structural insulated panel (SIP) walls shall be designed in accordance with the provisions of this code. Section R313.2 of the International Residential Code is hereby repealed. Section R314.3 of the International Residential Code is hereby amended to read as follows: R314.3 Location. Smoke alarms shall be installed in the following locations: Page 53 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd 1. In each sleeping room. 2. In hallways adjacent to sleeping areas. 3. On each additional story of the dwelling, including basements and habitable attics but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. When more than one smoke alarm is required to be installed within an individual dwelling unit, the alarm devices shall be interconnected in such a manner that the actuation of one alarm will activate all of the alarms in the individual unit. Section R319.1 of the International Residential Code is hereby amended to read as follows: Section R 319.1 Address numbers. Temporary addresses shall be posted at the beginning of construction, and placed on a 2 ft x 2 ft wooden placard placed at the edge of the street, and remain in place until structure is finished and permanent address has been installed. Buildings shall have approved permanent address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches(102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Section R322 of the International Residential Code is hereby repealed. Section R403.1.3.2 of the International Residential Code is hereby amended to read as follows: Section R403.1.3.2. Slabs-on-ground with turned down footings. Slabs-on-ground with turned down footings shall have a minimum of Five(5) No. 5 bars in the footing, minimum footing width for a one (1) story is 15 inches. Minimum footing width for a two (2) story is 18 inches. Minimum footing depth is 20 inches,footing shall be placed at least 6 inches below the Page 54 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd undisturbed ground surface. All slabs on grade shall have a clear vapor barrier. Minimum elevation shall be 12 inches above the crown of the street. Section M1O52.4.1 of the International Residential Code is hereby amended to read as follows: Section M1052.4.1. Material and size. Exhaust ducts shall be 4 inches (102 mm) nominal in diameter, constructed of minimum 0.016 inch thick rigid metal ducts, or schedule 40 PVC when used in concrete slabs. Section M13O5.1.3 of the International Residential Code is hereby amended to read as follows: Section M13O5.1.3 Appliances in attics. Attics containing appliances shall be provided with an opening and a clear and unobstructed passageway large enough to allow removal of the largest appliance, but not less than 30 inches (762 mm) high and 22 inches (559 mm) wide and not more than 20 feet (6096 mm) long measured along the centerline of the passageway from the opening to the appliance. The passageway shall have continuous solid flooring in accordance with Chapter 5 not less than 24 inches(610 mm)wide. A level service space at least 30 inches ((762 mm) deep and 30 inches (762 mm) wide shall be present along all sides of the appliance where access is required. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches(508 mm by 762 mm)and large enough to allow removal of the largest appliance. Exceptions: 1 . The passageway and level service space are not required where the appliance can be serviced and removed through the required opening. 2. Where the passageway is unobstructed and not less than 6 feet (1829 mm) high and 22 inches(559 mm)wide for its entire length, the passageway shall be not more than 50 feet (15 250 mm) long. 3. In all Type R construction a pull down stairway shall be installed for appliance access. Section P28O3.6.1 of the International Residential Code is hereby amended to read as follows: Page 55 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd P2803.6.1 Requirements for discharge pipe. The discharge piping serving a pressure-relief valve, temperature relief valve or combination valve shall: 1. Not be directly connected to the drainage system. 2. Discharge through an air gap located in the same room as the water heater. 3. Not be smaller than the diameter of the outlet of the valve served and shall discharge full size to the air gap. 4. Serve a single relief device and shall not connect to piping serving any other relief device or equipment. 5. Shall discharge to the outdoors. 6. Discharge in a manner that does not cause personal injury or structural damage. 7. Discharge to a termination point that is readily observable by the building occupants. 8. Not be trapped. 9. Be installed to flow by gravity. 10. Not terminate more than 6 inches (152 mm)above the floor or waste receptor. 11. Not have a threaded connection at the end of the piping. 12. Not have valves or tee fittings. 13. Be constructed of those materials listed in Section P2904.5 or materials tested, rated and approved for such use in accordance with ASME Al 12.4.1. Section P2902.5.3 of the International Residential Code is hereby repealed. Section P2903.8.6 of the International Residential Code is hereby repealed. Section P2908.4 is hereby added to read as follows: Page 56 G:\CG\AGENDA\PENDING\Ch 6 Amendments.wpd Section P2908.4 Under concrete slabs. Inaccessible water distribution piping under concrete slabs shall be copper water tube minimum Type L. Section P3002.1 of the International Residential Code is hereby amended to read as follows: Section P3002.1. Piping within buildings. Drain, waste and vent piping in buildings shall be schedule 40 PVC DWV pipe and fitting, cast iron, or copper pipe and fitting. Section P3002.2 of the International Residential Code is hereby amended to read as follows: Section P3002.2. Building sewer. Building sewer piping shall be a minimum of four (4) inches and conform to P3002.1. Six (6) inch and larger sewer may be SDR 26 or better. Section P3108.1 of the International Residential Code is hereby amended to read as follows: Section P3108.1. Wet Venting. Wet Venting shall only be permitted with approval from the building official . Section E3601.1.2 of the International Residential Code is hereby added to read as follows: E3601.1.2 Required Power Source. Electrical system shall be provided with service from the public utility company or a power source approved by the building official. Portable generators may only be used when service is not available from a public utility company or an approved power source or when approved by the building official for temporary power. Section 27. That Chapter 6, Article IX, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding Section 6-174.1 to read as follows: Sec. 6-174.1 Driveway Required for All New Residential Construction. It is the duty of all persons owning property abutting on paved streets in the city to construct or cause to be constructed, at their own cost and Page 57 GACGIAGENDAIPENDING\Ch 6 Amendments.wpd expense, driveways leading from the curb line to the property line on such lots as may be necessary to enter with any vehicle from the street. Section 28. That Chapter 6, Section 6-175, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 6-175 is hereby adopted to read as follows: Sec. 6-175. Adoption of code. There is hereby adopted by the city for the purpose of establishing rules and regulations attendant to the use and occupancy of residential buildings and accessory structures that certain code known as the 2009 Edition of the International Property Maintenance and Appendix A. One (1) copy of such International Property Maintenance Code has been and now is filed in the office of the city clerk of the city and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this section shall take effect, the provisions thereof shall be controlling concerning the matters set out in said code. Section 29. That Chapter 6, Article X, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding Section 6-176 to read as follows: Sec. 6-176. Amendments to code. Section 106.4 of the International Property Maintenance Code is hereby amended to read as follows: Section 106.4 Violation Penalties. It shall be unlawful for any person to violate or fail to comply with any provision of this code. Each such person deemed guilty of a violation shall be punished by a fine not exceeding two thousand dollars ($2,000.00); provided, where such fine is for an offense for which the state law imposes a fine, the fine imposed by the municipal court shall be the same as the fine for each such like offense under the state law. Each day any violation of any provision of this code continues after due notice has been served shall constitute a separate offense. Page 58 G:1CGIAGENDAIPENDING\Ch 6 Amendmentsmpd Sections 110 and 111 of the International Property Maintenance Code are hereby repealed. Section 304.1.1 of the International Property Maintenance Code is hereby amended to read as follows: 304.1.1 Unsafe substandard conditions.The following conditions shall be determined as unsafe substandard and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects; 3. Structures or components thereof that have reached their limit state; 4. Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather resistant or water tight; 5. Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects; 6. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects; 7. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects; 8. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or Page 59 G:\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd without proper anchorage and incapable of supporting all nominal loads and resisting all load effects; 9. Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration orfatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects; 10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; 11. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; 12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or 13. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. Exceptions 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted when approved by the code official. Section 305.1.1 of the International Property Maintenance Code is hereby amended to read as follows: 305.9.1 Unsafe substandard conditions. The following conditions shall be determined as unsafe substandard and shall be repaired or replaced to comply with the International Building Code, the International Existing Page 60 GACG\AGENDA\PENDING\Ch 6 Amendmentsmpd Building Code as required for existing buildings and the 2009 International Residential Code: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects; 3. Structures or components thereof that have reached their limit state; 4. Structural members are incapable of supporting nominal loads and load effects; 5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails,are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects; 6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks,are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. Exceptions 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted when approved by the code official. Section 604.1.1 is hereby added to read as follows: 604.1.1 Required Power Source. Electrical system shall be provided with service from the public utility company or a power source approved by the building official. Portable generators may only be used when service is not available from a public utility company or an approved power source or when approved by the building official for temporary power. Page 61 G\CG\AGENDA\PENDING\Ch 6 Amendmentsmpd Section 30. That Chapter 6 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding Article XI, International Energy Conservation Code, Sections 6-176 and 6-177 to read as follows: ARTICLE XI. INTERNATIONAL ENERGY CONSERVATION CODE Sec. 6-177. Adoption of code. There is hereby adopted by the city for the purpose of establishing rules and regulations attendant to the use and occupancy of residential buildings and accessory structures that certain code known as the 2009 Edition of the International Energy Conservation Code. One (1)copy of such International Energy Conservation Code has been and now is filed in the office of the city clerk of the city and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this section shall take effect, the provisions thereof shall be controlling concerning the matters set out in said code. save and except those portions that are deleted, modified, or amended by this Code of Ordinances. Sec. 6-177. Amendments to code. Section 409.3 of the International Energy Conservation Code is hereby amended to read as follows: Section 401.3 Certificate. A permanent certificate shall be posted at the attic opening. The certificate shall not cover or obstruct the visibility of the circuit directory label, service disconnect label or other required labels. The certificate shall be completed bythe builderor registered design professional. The certificate shall list the predominant R-values of insulation installed in or on ceiling/roof,walls,foundation(slab, basementwall,crawlspace wall and/or floor) and ducts outside conditioned spaces; U-factors for fenestration and the solar heat gain coefficient (SHGC) of fenestration. Where there is more than one value for each component, the certificate shall list the value covering the largest area. The certificate shall list the types and efficiencies of heating, cooling and service water heating equipment. Where a gas-fired unvented room heater, electric furnace, or baseboard electric heater is installed in the residence, the certificate shall list "gas-fired unvented room heater," "electric furnace" or"baseboard electric heater," as appropriate. An Page 62 G\CGIAGENDA\PENDING\Ch 6 Amendmentsmpd efficiency shall not be listed for gas-fired unvented room heaters, electric furnaces or electric baseboard heaters. Section 402.4.2.1 of the International Energy Conservation Code is hereby repealed. Section 403.2.2 of the International Energy Conservation Code is hereby amended to read as follows: Section 403.2.2 Sealing (Mandatory). All ducts, air handlers, filter boxes and building cavities used as ducts shall be sealed. Joints and seams shall comply with Section M1601.4.1 of the International Residential Code. Section 404 of the International Energy Conservation Code is hereby repealed. Section 31. That Chapter 6 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding Article XI I, Fee Schedule, Section 6-178 to read as follows: ARTICLE XII. FEE SCHEDULE Sec. 6-178. Adoption of Fee Schedule. Fee Description Fee Administrative Fees Usage Fee $2.00 Minimum Permit Fee $35.00 Certificate of Occupancy $75.00 Temporary Certificate of Occupancy $45.00 Reinspection Fee $25.00 Overtime Inspections (minimum 4 hrs at $140.00 $35.00 per hour) New Address or Address Changes: Single Address $35.00 Two or more per address $10.00 Page 63 GACGIAGENDA\PENDING\Ch 6 Amendmentsmpd Building Permit Fee - Commercial Building Permit Fee First $1,000 $35.00 Each additional $1 ,000 up to $50,000 $6.25 Building Permit Fee First $50,000 $293.00 Each additional $1,000 up to $100,000 $5.20 Building Permit Fee First $100,000 $500.00 Each additional $1 ,000 up to $500,000 $4.15 Building Permit Fee First $500,000 $2,000.00 Each additional $1 ,000 $3.10 Building Permit Fee - Residential New $70.00 sq.ft. Construction Building Permit Fee - Residential Additions $35.00 sq.ft. and Remodeling Construction Moving Permit Fee $200.00 Demolition Permit Fee - Residential Demolition $75.00 Demolition permit Fee - Commercial $150.00 Demolition Plan Review Fees: Commercial Plan Review Fees for permits 65% of permit fee $25,000 and over Revision - Commercial Plans $50.00 Parking Lots/Paving First 1,000 sq.ft. $40.00 Each additional sq.ft. $2.00 Driveways Residential $35.00 Commercial $75.00 Page 64 G:\CG\AGENDA\PENDING\Ch 6 Amendments.wpd Electrical Permits: Pre-Final Service $35.00 Reconnection $35.00 Additional Meters $35.00 Move Meter $35.00 Service for Meter $35.00 Temporary Pole $35.00 Increase Service $35.00 Permanent Pole $35.00 Motors Up to 5HP $5.20 Over 5HP $6.75 A/C Outlet $2.50 Ceiling Fans $1.60 Bells, Buzzers and Chimes $2.10 Dishwasher $2.10 Disposal $2.10 Dryer $2.50 Elevators $35.00 Fixtures $0.50 Floodlight Poles $15.00 Furnaces/Heater $7.50 Gasoline Pumps $35.00 Power Panels not at Service $8.50 Outlets/Switches/Receptacles $0.50 Range $2.50 Rectifiers/Transformer $5.70 Page 65 GACG\AGENDA\PENDING\Ch 6 Amendments.wpd i Reground $15.00 Water Heater $2.50 Welding Machine $2.50 Yard Lamps $2.50 Signs/Electrical $35.00 Swimming Pool/Above-Ground $16.50 Swimming Pool/In-Ground $75.00 Plumbing Fees: Air Conditioning Drain $3.00 Dental Chair $7.50 Dishwasher $3.75 Drinking Fountain $3.75 Floor Drain $3.00 Garbage Disposal $3.75 Grease Trap/Wash Rack $50.00 Laundry Tray $3.00 Lavatories $3.00 Service Sink $3.00 Sewer Line First Line $35.00 Each Additional Line $10.00 Showers $3.00 Single Sink/Restaurant $5.75 Three Compartment Sink $8.40 Toilet $3.00 Tub $3.00 Two Compartment Sink $5.40 Page 66 G:\CG\AGENDA\PENDING\Ch 6 Amendments.wpd Urinal $8.00 Washing Machine $3.00 Water Heater $25.00 Water Line First Line $35.00 Each Additional Line $10.00 Gas Permits: Gas Permits $35.00 Each Additional Opening Over Four (4) $2.10 Yearly Gas Inspection Commercial $50.00 Mechanical Permit First $1,000 $35.00 Each Additional $1,000 $3.20 Section 32. 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 33. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 34. That any person who violates any provision of this ordinance shall, upon conviction, be punished by a fine not exceeding Two Thousand Dollars ($2,000). Page 67 GACG\AGENDA\PENDING\Ch 6 Amendmentsmpd PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of August, 2010. - Mayor Becky Ames - Page 68 GACG\AGENDA\PENDING\Ch 6 Amendments.wpd ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADOPT THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE AND MAKING LOCAL AMENDMENTS TO SAME; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 10, Section 10-1, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 10-1 is hereby adopted to read as follows: Section 10-1. International Fire Code Adopted. That a certain document, one copy of which is on file in the office of the City Clerk of the City of Beaumont, being marked and designated as the International Fire Code, 2009 Edition, including Appendix Chapters A through J, as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Beaumont, in the State of Texas regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City of Beaumont are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance. Pagel Section 2. That Chapter 10, Section 10-2, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 10-2 is hereby adopted to read as follows: Sec. 10-2. Amendments to code. Section 101.1 of the International Fire Code is hereby amended as follows: Section 101.1 These regulations shall be known as the Fire Code of the City of Beaumont, Texas, hereinafter referred to as "this code." Section 108.1 of the International Fire Code is hereby amended as follows: Section 108.1 In order to hear and decide appeals of orders, decisions or determinations made by the building official or the fire marshal relative to the application and interpretation of this code, there shall be and hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall office at its pleasure. The board shall adopt rules of procedure for conducting its business. The board shall consist of seven (7) members, such board shall be composed of one architect, one engineer, one member at large from the building industry, one building contractor, one member at large from the public and two members from the fire service and fire safety professions. Section 109.3 of the International Fire Code is hereby amended as follows: Section 109.3 Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directives of the fire code official, or of a permit or certificate used under provisions of this code, shall be fined not less than $50.00 nor more than $2000.00. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 111.4 of the International Fire Code is hereby amended as follows: Section 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as Page 2 that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $50.00 or more than $2000.00. Section 901.5.2 is hereby added to read as follows: Section 901.5.2 Re-inspection fee. Any company installing a fire detection and alarm system, a fire-extinguishing system, a fire sprinkler system, a fire standpipe system, or any other fire protection system, shall test the installation for proper operation and code compliance prior to scheduling an acceptance test with the fire marshal's office. Failure to meet these requirements will result in a re-inspection fee of$100.00. Section 903.4.1.1 of the International Fire Code is hereby amended as follows: Section 903.4.1.1 Monitoring Systems. The sprinkler system shall be supervised by a fire alarm panel separate from any other fire alarm panel unless otherwise approved by the fire official. Sections 907.1.4, 907.1.5 and 907.1.6 are hereby added to read as follows: 907.1.4 System required. A total coverage, NFPA 72 compliant fire alarm system shall be installed in all non-sprinkled structures which are 2000 square feet or greater in size. 907.1.5 Tenant spaces. Individual spaces shall have an independent fire alarm system. 907.1.6 Code requirements. All systems shall meet all Federal, State and local codes. Section 1004.3 of the International Fire Code is hereby amended as follows: Section 1004.3 Posting of occupant load. All assembly occupancies shall post an occupant load. Every room or space shall have the occupant load of the room or space posted in a conspicuous place, near the main entrance access doorway to the room or space. Posted sign shall be of an approved legible permanent design and shall be maintained by the owner or authorized agent. Any occupancy that derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premise consumption, any assembly occupancy that sells or provides setups for the on-premise consumption of alcoholic beverages and, any assembly occupancy that rents or leases rooms or spaces for the on-premise Page 3 consumption of alcoholic beverages as determined by Chapter 3, Texas Alcoholic Beverage Code, shall keep an accurate count of the number of occupants, in the rooms or spaces with the posted occupant load, during business hours. The building official, fire marshal, or any other official authorized to enforce Section 1004.3 may require the owner or authorized agent to conduct an immediate recount of the occupants, when the accurateness of the count is in question, in order to determine the actual number. Should the actual count of occupants exceed the posted occupant load, the occupancy owner or authorized agent will be ordered to immediately reduce occupant load to within the posted limit. It shall be unlawful for any person to violate or fail to comply with any provision of this code. Each such person deemed guilty of a violation shall be punished by a fine not exceeding two thousand dollars($2;000.00); provided,where such fine is for an offense for which the state law imposes a fine, the fine imposed by the municipal court shall be the same as the fine for each such like offense under the state law. Each day any violation of any provision of this code continues after due notice has been served shall constitute a separate offense. Section 2702.1 of the International Fire Code is hereby amended by adding definitions to read as follows: BEAUMONT TERMINAL - A freight terminal of a porter or motor carrier that handles shipments of materials destined to or from the City of Beaumont so long as the terminal is within the city limits. REQUIRING PLACARDS - Any vehicle transporting hazardous materials in sufficient quantity to require placarding as set forth in the Department of Transportation Hazardous Materials Regulations. HAZARDOUS MATERIALS ROUTE - The following streets and highways and segments of streets and highways: (1) Cardinal Drive (US Hwys. 69, 96, 287) from IH-10 to east city limits. (2) IH-10 from west city limits to east city limits. (3) Eastex Freeway (US Hwys. 69, 96, 287) from IH-10 to north city limits. (4) Martin Luther King Parkway(Spur 380)from Cardinal Drive to IH-10 East. Page 4 (5) State Highway 105 from Eastex Freeway to west city limits. (6) College Street (Hwy 90) from IH-10 to west city limits. (7) From City Limits West to Hwy 124 to Cardinal Drive. (8) Major Dr. (Hwy 364) from Hwy 124 to Hwy 105. (9) In other areas specifically designated by the fire official. Section 2704.14 is hereby added to read as follows: Section 2704.14 Storage of Plastic and Rubber Material. The storage of plastic and rubber material within the city limits shall meet the following conditions: (1) Such storage shall be accordance with the zoning laws of the city. (2) The location of such storage shall be equipped with a fire sprinkler system meeting the requirements of NFPA 13 for hazardous occupancy. (3) The location of such storage shall be equipped with an automatic fire alarm system meeting the requirements of NFPA 72. (4) All offices, mechanical, maintenance and electrical rooms shall be separated from the location of such storage by at least a one-hour fire separation. (5) A one-hour fire and smoke partition shall be in place dividing all open areas of such storage into sections no larger than twenty-five thousand (25,000) square feet. (6) Such storage shall only be allowed in type I, II, III, or IV structures as the same are defined by the International Building Code. Section 2706 is hereby added to read as follows: Section 2706 Transporting Hazardous Materials Page 5 Section 2706.1 Hazardous Material Route. No person shall haul or transport any hazardous materials as defined in this chapter in a tank vehicle as defined in this chapter, except upon the streets or highways designated in the Hazardous Materials Route as defined in this chapter. (1) When it becomes necessary to leave the Hazardous Material Route for the purpose of going directly to or from a commercial or industrial establishment, said vehicle shall: (a) Take the shortest route between the Hazardous Material Route and the point of pickup and/or delivery. (b) Use the established "truck routes" as defined in section 26-13 of the Code of Ordinances of the City of Beaumont to the maximum extent possible. Section 2706.2 Placards Required. The operator of a vehicle used to transport hazardous materials requiring placards shall: (1) Apply and display appropriate placards meeting Department of Transportation specifications on each end and each side of the vehicle; and (2) Before operation, inspect the vehicle and determine that: (a) The brakes are in good working condition; (b) The steering mechanism is in good working condition; (c) The electrical wiring is well insulated and firmly secured; and (d) The vehicle is in a condition adequate to safely transport hazardous materials. Section 2706.3 Prohibited Hazardous Materials Area. No operator of a motor vehicle transporting hazardous materials as defined in the chapter shall transport those materials on any street or highway, or segment of a street or highway, now or hereafter designated as a "prohibited hazardous materials area." Section 3301.1.3 of the International Fire Code is hereby amended as follows: Page 6 Section 3301.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited. Exceptions: 1. The use of fireworks for fireworks displays as allowed in Section 3308. Section 3404.2.9.6.1 of the International Fire Code is hereby amended as follows: Section 3404.2.9.6.1 Locations where above-ground tanks are prohibited. (A) Storage of flammable and combustible liquids, liquefied petroleum gas and propane in tanks of ten thousand (10,000) gallons or less may be established within the zoning districts designated Heavy Industrial(H-1), Light Industrial (L-1) and Commercial Manufacturing (C-M) as defined in Chapter 30 of the Code of Ordinances and as found in the zoning map of the City of Beaumont, and in accordance with NFPA 30. (B) Bulk storage of flammable and combustible liquids, petroleum gas and propane in tanks larger than ten thousand (10,000) gallons or as bulk storage in which the materials are distributed either at wholesale or retail to customers may be established within the zoning districts designated Heavy Industrial (H-1) and Light Industrial (L-1) only after the issuance of a specific use permit as provided in the zoning ordinance of the City of Beaumont and in accordance with NFPA 30. (C) The storage of flammable and combustible liquids in tanks of six-hundred sixty(660) gallons or less may be established within the zoning districts designated General Commercial-Multiple Family Dwelling(GC-MD) Districts providing that the following requirements are met: (1) All tanks must be labeled. (2) Tanks shall be double walled, installed at grade level. (3) Tanks shall not be installed within 100 feet of the property line of any established school, hospital, nursing home, day care center, nursery school, or residential property. Page 7 (4) Guard posts or other approved means must be provided to protect tanks from motor vehicle damage. (a) Posts must be at least 4 inches in diameter and filled with concrete. (b) Posts must be at least 3 feet from the tank and spaced not more than 4 feet apart. (c) Posts must be at least 30 inches above grade and 33 inches below grade. (5) Tanks must be enclosed in a chain link fence at least 6 feet high. The enclosed area must be secured, i.e.: gates locked. (Exception: Tanks in vaults or located on property with a perimeter security fence.) (6) Tanks, accessories and installation shall comply with the fire prevention code including amendments, NFPA codes, ANSI publications, ASTM and other applicable codes. (D) The storage of flammable and combustible liquids for use in emergency power systems can be located in all zoning districts providing that the following conditions are met: (1) The tanks are attached to and part of the power system. (2) The tanks are of double wall construction. (3) The tanks are labeled by a nationally recognized testing lab. (4) The tanks shall have a capacity of no greater than 72 hours of operation. (5) Guard posts or other approved means must be provided to protect tanks from motor vehicle damage. (a) Posts must be at least 4 inches in diameter and filled with concrete. (b) Posts must be at least 3 feet from the tank and spaced not more than 4 feet apart. Page 8 (c) Posts must be at least 30 inches above grade and 33 inches below grade. (6) Tanks must be enclosed in a chain link fence at least 6 feet high. The enclosed area must be secured, i.e. gates locked. (Exception: Tanks in vaults or located on property with a perimeter security fence.) (7) There will be no more than one tank on any tract of property. (8) Tanks, accessories and installation shall comply with the fire prevention code including amendments, NFPA codes, ANSI publications, ASTM and other applicable codes. Section 3404.2.11.3.1 is hereby added to read as follows: Section 3404.2.11.3.1 Foundation required. Underground storage tanks with a capacity of ten thousand (10,000) gallons or more shall be installed on a twelve-inch thick, firm concrete foundation and attached by means of not less than three (3) steel anchor straps, each of which having a minimum dimension of one-quarter(1/4)inch thickness and two(2) inches width, or by means of other approved straps and strapping methods, and fastened taut around the tank by turnbuckles or other adjustable fittings which are capable of withstanding at least as much stress as the straps. Section 3406.2.4.4 of the International Fire Code is hereby amended as follows: Section 3406.2.4.4. Locations where above-ground tanks are prohibited. (A) Storage of flammable and combustible liquids,liquefied petroleum gas and propane in tanks of ten thousand (10,000) gallons or less may be established within the zoning districts designated Heavy Industrial(H-1), Light Industrial (L-1) and Commercial Manufacturing (C-M) as defined in Chapter 30 of the Code of Ordinances and as found in the zoning map of the City of Beaumont, and in accordance with NFPA 30. (B) Bulk storage of flammable and combustible liquids, petroleum gas and propane in tanks larger than ten thousand (10,000) gallons or as bulk storage in which the materials are distributed either at wholesale or retail to customers may be established within the zoning districts designated Heavy Industrial (H-1) and Light Industrial (L-1) only after the issuance of a specific Page 9 use permit as provided in the zoning ordinance of the City of Beaumont and in accordance with NFPA 30. (C) The storage of flammable and combustible liquids in tanks of six-hundred sixty(660) gallons or less may be established within the zoning districts designated General Commercial-Multiple Family Dwelling(GC-MD) Districts providing that the following requirements are met: (1) All tanks must be labeled. (2) Tanks shall be double walled, installed at grade level. (3) Tanks shall not be installed within 100 feet of the property line of any established school, hospital, nursing home, day care center, nursery school, or residential property. (4) Guard posts or other approved means must be provided to protect tanks from motor vehicle damage. (a) Posts must be at least 4 inches in diameter and filled with concrete. (b) Posts must be at least 3 feet from the tank and spaced not more than 4 feet apart. (c) Posts must be at least 30 inches above grade and 33 inches below grade. (5) Tanks must be enclosed in a chain link fence at least 6 feet high. The enclosed area must be secured, i.e. gates locked. (Exception: Tanks in vaults or located on property with a perimeter security fence.) (6) Tanks, accessories and installation shall comply with the fire prevention code including amendments, NFPA codes, ANSI publications, ASTM and other applicable codes. (D) The storage of flammable and combustible liquids for use in emergency power systems can be located in all zoning districts providing that the following conditions are met: (1) The tanks are attached to and part of the power system. Page 10 (2) The tanks are of double wall construction. (3) The tanks are labeled by a nationally recognized testing lab. (4) The tanks shall have a capacity of no greater than 72 hours of operation. (5) Guard posts or other approved means must be provided to protect tanks from motor vehicle damage. (a) Posts must be at least 4 inches in diameter and filled with concrete. (b) Posts must be at least 3 feet from the tank and spaced not more than 4 feet apart. (c) Posts must be at least 30 inches above grade and 33 inches below grade. (6) Tanks must be enclosed in a chain link fence at least 6 feet high. The enclosed area must be secured, i.e. gates locked. (Exception: Tanks in vaults or located on property with a perimeter security fence.) (7) There will be no more than one tank on any tract of property. (8) Tanks, accessories and installation shall comply with the fire prevention code including amendments, NFPA codes, ANSI publications, ASTM and other applicable codes. Section 3506.2 of the International Fire Code is hereby amended as follows: Section 3506.2 Limitations (A) Storage of flammable cryogenic liquids in tanks of ten thousand (10,000) gallons or less may be established within the zoning districts designated Heavy Industrial (H-1), Light Industrial (L-1) and Commercial Manufacturing (C-M) as defined in Chapter 30 of the Code of Ordinances and as found in the zoning map of the City of Beaumont, and in accordance with NFPA 30. (B) Bulk storage of flammable cryogenic liquids in tanks larger than ten thousand (10,000) gallons or as bulk storage in which the materials are Page 11 distributed either at wholesale or retail to customers may be established within the zoning districts designated Heavy Industrial (H-1) and Light Industrial (L-1) only after the issuance of a specific use permit as provided in the zoning ordinance of the City of Beaumont and in accordance with NFPA 30. (C) The storage of flammable cryogenic liquids in tanks of six-hundred sixty (660) gallons or less may be established within the zoning districts designated General Commercial-Multiple Family Dwelling(GC-MD)Districts providing that the following requirements are met: (1) All tanks must be labeled. (2) Tanks shall be double walled, installed at grade level. (3) Tanks shall not be installed within 100 feet of the property line of any established school, hospital, nursing home, day care center, nursery school, or residential property. (4) Guard posts or other approved means must be provided to protect tanks from motor vehicle damage. (a) Posts must be at least 4 inches in diameter and filled with concrete. (b) Posts must be at least 3 feet from the tank and spaced not more than 4 feet apart. (c) Posts must be at least 30 inches above grade and 33 inches below grade. (5) Tanks must be enclosed in a chain link fence at least 6 feet high. The enclosed area must be secured, i.e. gates locked. (Exception: Tanks in vaults or located on property with a perimeter security fence.) (6) Tanks, accessories and installation shall comply with the fire prevention code including amendments, NFPA codes, ANSI publications, ASTM and other applicable codes. Page 12 Section 3804.2 of the International Fire Code is hereby amended as follows: Section 3804.2. Maximum Capacity within Established Limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons and may only be established within the zoning districts designated Heavy Industrial (H-1), Light Industrial (L-1) and Commercial Manufacturing (C-M) as defined in Chapter 30 of the Code of Ordinances and as found in the zoning map of the City of Beaumont, and in accordance with NFPA 30. Section D103.6 of the International Fire Code is hereby amended as follows: D103.6 Signs. Where required by the fire code official ,fire apparatus access roads shall be marked with permanent NO PARKING—FIRE LANE signs complying with Figure D103.6. Signs shall have a minimum dimension of 12 inches(305 mm)wide by 18 inches(457 mm) high and have red letters on a white reflective background. Signs shall be posted on one or both sides of the fire apparatus road as required by Section D103.6.1 or D103.6.2. Approved signs are to be spaced at twenty-five foot intervals. Section D103.6.3 is hereby added to read as follows: Section D103.6.3 Curb Markings. As an alternative to signs, where the premises have curbs, the words "FIRE LANE, NO PARKING" may be painted: (a) in four inch white letters; (b) on a red background; (c) at twenty-five foot intervals. Section 3. That Chapter 10, Section 10-3, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 10-3 is hereby adopted to read as follows: i Page 13 Sec. 10-3. Fire Service Fees. (1) The fire chief is hereby authorized to calculate fees for the following hazardous material instances and other fire related services based on the equipment, materials, and labor utilized by all responding city departments in each instance. Fees will be assessed using equipment, material and labor rates set forth by city policy and includes a 15% administrative fee on the total cost of the response. The person in control of the property or the person owning the property, real or personal, involved shall be responsible to pay the amount charged for such services upon receipt of a bill. (a) Response to and mitigation of a spill or release into the environment of a hazardous material as defined in chapter 27 of the International Fire Code. (b) Response to and standby exceeding one(1) hour at the scene of a potential release of a hazardous material as defined in chapter 27 of the International Fire Code. (c) Response to and mitigation of an unauthorized open burning associated with land clearing or demolition activities. (2) The following fees are hereby set for the following fire services or occurrence: Service Fee (a) Annual inspection fee required for target hazards including but not limited to hospitals, nursing homes, assisted living centers, and other such properties which require multiple inspections within the year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $250.00 (b) Annual inspection fee required for state licensed properties which require a single inspection per year . . . . $ 50.00 (c) Fee schedule for installation and/or removal of fuel storage tanks and dispensing units: First tank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200.00 Each additional tank . . . . . . . . . . . . . . . . . . . . . . . . $ 75.00 Each dispensing unit . . . . . . . . . . . . . . . . . . . . . . . . $ 50.00 Page 14 (d) Failure to immediately notify the fire official of any disconnection and/or interruption of any fire protection system. This shall also include any fire protection system found to be unsafe, impaired, or inoperable . . . . . . . . . . . $500.00 Section 4. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 7. That any person who violates any provision of this ordinance shall, upon conviction, be punished by a fine not exceeding Two Thousand Dollars ($2,000). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of August, 2010. - Mayor Becky Ames - Page 15 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 14,ARTICLE III, 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 14, Article III, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to retitle Article III as follows: ARTICLE III. UNSAFE SUBSTANDARD STRUCTURES Section 2. That Chapter 14, Section 14-50, of the Code of Ordinances of the City of Beaumont be and the same is amended to read as follows: Sec. 14-50. Unsafe substandard structures defined. All vacant structures, dwellings, dwelling units, and accessory structures which have any or all of the following defects shall be deemed unsafe substandard structures. Determination of unsafe substandard structures shall be governed by the 2009 International Property Maintenance Code. Section 3. That Chapter 14, Section 14-51, of the Code of Ordinances of the City of Beaumont be and the same is amended to read as follows: Sec. 14-51. Unsafe substandard structures declared nuisances. All unsafe substandard structures within the terms of section 14-50 are hereby declared to be public nuisances and shall be repaired, removed or demolished as hereinafter provided. Page 1 Section 4. That Chapter 14, Section 14-52, of the Code of Ordinances of the City of Beaumont be and the same is amended to read as follows: Sec. 14-52. Standard for repair or demolition. The following standards shall be followed by the building official or designated enforcing officer and the city council in ordering repair or demolition of an unsafe substandard structure within the terms of section 14-50: (1) If, after inspection by the building official or designated enforcing officer and support inspections from other concerned departments or divisions, if necessary, a determination is made that the structure is an unsafe substandard structure, the building official or designated enforcing officer shall tag the structure and the owner shall be ordered by a certified letter to contact the building official or designated enforcing officer within fifteen (15)days from the date of said letter. The owner shall be ordered, by letter, to enroll in an official work program to repair the structure or demolish said structure within thirty (30) days. (2) If a permit to repair or demolish said structure is not obtained from building codes and repairs or demolition are not completed within forty-five (45) days of the date of the letter provided for in subsection (1) above, the building official or designated enforcing officer shall give notice, by letter, to the owner of said structure to appear before the city council to show cause why said structure should not be demolished and at the cost of the owner. Building permits issued to repair a structure under an official work program shall have the same expiration date as the work program. (3) If a structure is to be repaired such that it is no longer an unsafe substandard structure under the terms of this article, said structure shall be brought into compliance with the provisions of the 2009 International Property Maintenance Code adopted by the city. Except as outlined in (9), repairs to such structures shall be completed and a certificate of occupancy issued within a period not exceeding one hundred fifty (150) days from the date of initiating a work program. Failure to obtain substantial completion, as defined in the work program,within ninety(90)days from the date of initiating said program or failure to obtain a certificate of occupancy within the one hundred fifty (150) day period, the structure may be brought before the city council for a condemnation order without further notice to the owner. Owner Page 2 who initiates a work program hereunder shall agree that unless the structure is brought into compliance with the 2009 International Property Maintenance Code it may be immediately brought before city council for condemnation order without further notice. (4) Any vacant structure found to be an unsafe substandard structure,as defined herein or substandard under article III, shall be posted as provided in section 14-50 to prevent occupancy. It shall be unlawful for any person to occupy, or allow others to occupy, a structure that has been tagged as an unsafe substandard structure in accordance with this section. It shall be unlawful for any person to violate or fail to comply with any provision of this code. Each such person deemed guilty of a violation shall be punished by a fine not exceeding two thousand dollars($2,000.00); provided,where such fine is for an offense for which the state law imposes a fine, the fine imposed by the municipal court shall be the same as the fine for each such like offense under the state law. Each day any violation of any provision of this code continues after due notice has been served shall constitute a separate offense. (5) All notices, as provided herein, shall be served by delivering same to the owner or agent in person, or by mailing the same certified to the residence or business address, if known, of such owner or agent, or by posting the same in a prominent place upon such structure. (6) If, upon hearing, the city council finds that the structure is in violation of section 14-50 hereof, the city council shall order the structure to be razed or repaired at such time and under such conditions as the city council may, in its discretion, stipulate at said hearing. Such owner or his/her agent shall forthwith comply with said order of the city council. Any owner or his/her agent who fails to comply with such order within the time therein stipulated shall be deemed guilty of a misdemeanor and punished as provided in this code. If the owner obtains a permit and voluntarily demolishes his/her structure under this program, such owner shall be exempt from payment of the landfill disposal fee for the debris resulting from such demolition. (7) If any such structure condemned by the order of the city council, as provided herein, is not razed or repaired within the time and under the condition specified in such order, the council may, at its discretion, proceed to have the same razed and charge the actual expense to the owner of the real estate or lot as shown on the tax roll. A statement of expenses incurred by the city in the demolition and removal of such structure under this section shall be mailed to the property owner shown on the tax roll at the time of service. The statement of expenses shall, in addition to giving the amount of Page 3 such expense, provide the date upon which such work was done, and description of the lot or premises upon which such work was done. Payment is due and is considered delinquent if not received by the city within thirty (30) days. If payment is not made within ninety (90) days, the city's authorized agent is hereby authorized to charge such costs and expenses as a lien against the property upon which such structure was situated, and upon all other property situated in the city belonging to the owner of such structure. a. The lien obtained by the city is security for the expenditures made and interest shall accrue at the rate of ten(10)percent annually on the unpaid balance due from the date of payment by the city. b. The city may bring a suit for foreclosure in the name of the city to recover the expenditures and interest due. C. The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city in doing the work or making the improvements and of proper notices as required by this article. d. The governing body of a city may foreclose a lien on property under this section in a proceeding relating to the property brought under subchapter E, chapter 33, Texas Tax Code. (8) Judicial review of council's order shall be governed by sec. 214 of the Texas Local Government Code. (9) Structures that have been tagged as an unsafe and/or substandard structure, which may be of historical significance, shall be provided reasonable time for repairs and/or restoration. In order to qualify under the historical structure requirement, the structure must meet one (1) of the following criteria: a. Existing or proposed recognition as a national historic landmark, or state historic landmark, or entry, or proposed entry into the national register of historic places. b. Identification as the work of a designer, architect or builder whose work has influenced the growth or development of the city. C. Embodiment of elements of architectural design, detail, materials or craftsmanship which represents a significant architectural Page 4 innovation or an outstanding example of a particular historical, architectural or other cultural style or period. d. The determination if a structure meets criteria b or c shall be determined by the historic landmark commission. e. The process for obtaining a historical designation will include the submittal of an application to the planning division. An application for an amendment to the zoning ordinance shall also be submitted with the historical designation application. A letter to be included with the application shall provide the necessary documentation that supports at least one (1) of the above criteria. Additional information may be submitted or requested by the city that may be appropriate to support or verify the historical designation. f. The property owner of a tagged structure that meets one (1)or more of these criteria will be provided one (1) year from the date the structure is tagged to substantially complete repairs, as currently defined by the city, and one (1) additional year to obtain a certificate of occupancy(CO), provided the city's historic landmark commission approves a detailed work program outlining the work to be preformed and a timeline for completion. If either one of these time frames is not met, the structure may be razed. Section 5. That Chapter 14 of the Code of Ordinances of the City of Beaumont is hereby amended by adding Section 14-52.1 to read as follows: Sec. 14-52.1. Standard for repair -- residential structure. Standard for repair of a residential structure shall comply with Appendix J, Existing Buildings and Structures,of the 2009 International Residential Code. Section 6. That Chapter 14 of the Code of Ordinances of the City of Beaumont is hereby amended by adding Section 14-52.2 to read as follows: Page 5 Sec. 14-52.2. Commercial unsafe substandard structures. All commercial unsafe substandard structures shall be repaired or replaced to comply with the 2009 International Building Code and the 2009 International Existing Building Code as required for existing buildings. Section 7. That Chapter 14, Section 14-53, of the Code of Ordinances of the City of Beaumont be and the same is amended to read as follows: Sec. 14-53. Abatement of structures constituting a clear and present danger to the public safety. Notwithstanding all other provisions of this article, nothing herein shall be deemed a limitation on the duty of the city to summarily order the demolition of any vacant structure where it is apparent that the immediate demolition of such structure is necessary for the preservation of life and property in the city. Section 8. That Chapter 14, Section 14-54, of the Code of Ordinances of the City of Beaumont be and the same is amended to read as follows: Sec. 14-54. Enforcing officer--Powers and duties. The building official or his or her designee, hereinafter referred to as "enforcing officer," is charged with the duty of enforcing this article. (1) Neither the enforcing officer nor any employee of his division shall be financially interested in the furnishing of labor, material or appliances for the construction, alteration or maintenance of unsafe substandard structure or in the making of plans and specifications for a profit unless such person is the owner of such structure. (2) Neither the enforcing officer nor any employee of his division shall engage in any work which is in conflict with his duties or the interest of the department. Page 6 (3) The enforcing officer shall enforce this article in the following manner: (a) The enforcing officer shall inspect or cause to be inspected,when necessary,all structures of any kind which are unoccupied or apparently abandoned, for the purpose of determining whether any condition exists which renders such place an unsafe substandard structure within the terms of section 14-50. (b) The enforcing officer shall inspect any structure about which a complaint is filed by any person to the effect that a structure is or may be existing in violation of this article. (c) The enforcing officer shall notify in writing, by certified mail,the owner and/or all persons having an interest, as shown by the tax rolls of the city, in any structure found by the enforcing officer to be an unsafe substandard structure within the standards set forth in section 14-50. Said notice shall state (i) a description of the structure; (ii) a statement of the particulars which make the structure an unsafe substandard structure; (iii) that the owner must repair or demolish said structure; (iv)that any person notified under this subsection to repair or demolish any structure shall be given reasonable time, as provided in this code of ordinances, to do or have done the work required by the notice; and (v)that the owner of said structure shall appear before the city council to show cause why said structure should not be repaired, removed or demolished. (d) The enforcing officer shall also file a notice of declaration of unsafe substandard structure in the deed records of Jefferson County, Texas. Such notice will provide lawful notice to any proposed purchaser of the property that the structure thereon has been declared an unsafe substandard structure, may not be lawfully occupied, is subject to demolition and may not be eligible for building permits necessary to rehabilitate the structure. Page 7 Section 9. That Chapter 14, Section 14-55, of the Code of Ordinances of the City of Beaumont be and the same is amended to read as follows: Sec. 14-55. Assistance by other departments. The enforcement officer is to seek the assistance of the fire department, the health department, and the police department in order to effectively enforce the terms of this article, and said departments are to assist the enforcing officer in any way possible in said enforcement. Section 10. That Chapter 14, Section 14-56, of the Code of Ordinances of the City of Beaumont be and the same is amended to read as follows: Sec. 14-56. No utilities to vacant dwellings. No water, gas, electricity, or sewer services shall be provided to any dwelling unit or rooming unit found to be an unsafe substandard structure which is or becomes vacant until such dwelling unit or rooming unit has been brought into compliance with the provisions of this article. Section 11. That Chapter 14, Section 14-57, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed. Section 12. That Chapter 14, Section 14-58, of the Code of Ordinances of the City of Beaumont be and the same is amended to read as follows: Sec. 14-58.Securing of unoccupied structures and method of securing. (1) An owner or person in control of an unoccupied structure shall insure that the building is in such condition that an unauthorized person cannot enter into it through missing or unlocked doors or windows, or through other Page 8 openings into the building. The City of Beaumont may secure unoccupied, unsecured structures after the owner(s)fail to do so after reasonable notice. A lien may be filed on the structures to assure recovery of the cost of securing. (2) An unsecured, unoccupied building is hereby defined to be any structure that currently has no legitimate occupant or tenant and which has missing or unlocked doors orwindows, or other unsecured openings into the building through which unauthorized persons can enter. Any unoccupied, unsecured building is hereby declared to be a danger to the public health and safety. (3) Whenever it is found that an unoccupied building is in such condition that an unauthorized person can enter it through missing or unlocked doors or windows or other openings, the city shall cause a written notice or"Notice to Secure" to be given to the owner of the property as such owner appears on the tax rolls of the City of Beaumont or to the person having the control over the property. Such notice shall be in writing and shall be given by depositing the notice in the United States mail addressed to the owner at the owner's post office address. If notice cannot be obtained by United States mail or the owner's post office address is unknown, notice may be given by publishing such notice at least twice within a ten (10) day period in a newspaper of general circulation in Jefferson County. If notice cannot be obtained by mail or the owner's post office address is unknown, notice may be obtained by posting the notice on or near the front door of the structure The notice must contain the following information: (a) An identification which is not required to be a legal description of the structure and property on which it is located; (b) The description of the violation of the municipal standards that are present at the building; (c) A statement that the municipality may secure the building within thirty (30) days of the date of notice; and (d An explanation that the owner is entitled to request a hearing within such thirty(30)day period concerning any matter relating to the municipality's proposed securing of the building. (4) Compliance with the provisions concerning the securing of unoccupied structures does not relieve the owner or occupant of the structure from the Page 9 requirement to comply with other provisions of the "Unsafe Substandard Structure" ordinance. (5) If the owner requests a hearing about the structure, the municipality shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the proposed securing of the structure by the city. The hearing shall be conducted within twenty (20) days after the day the owner files a written request for such hearing. The hearing shall be before a hearing officer designated by the city manager for such purpose. (6) An owner who fails to timely comply with a notice to secure as set out herein shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two thousand dollars ($2,000.00). Each day's failure to comply after the expiration of the notice period shall constitute a separate offense. (7) If the owner fails to comply with a notice to secure, the city may order the boarding up of all openings so as to prevent entry or the reasonable securing of the structure by any other reasonable fashion and may assess the expenses of such securing as a lien on the property as allowed by section 214.0011(f) of the Texas Local Government Code. (8) Method of securing unoccupied structures shall be governed by the 2009 International Property Maintenance Code Appendix A. Section 13. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 14. 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 Page 10 ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 15. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 16. That any person who violates any provision of this ordinance shall, upon conviction, be punished by a fine not exceeding Two Thousand Dollars ($2,000). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of August, 2010. - Mayor Becky Ames - Page 11 4 August 3,2010 Consider approving an annual contract for furnishing litter removal on the City rights-of-way RICH WITH OPPORTUNITY IIEA,111�1011�9( T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager ) PREPARED BY: Laura Clark, Chief Financial Officer U — MEETING DATE: August 3, 2010 REQUESTED ACTION: Council consider award of an annual contract for furnishing litter removal on City rights-of-way. RECOMMENDATION Administration recommends the award of an annual contract with Beaumont Products and Services, Inc., (BPS), of Beaumont in the estimated amount of$135,407. BACKGROUND BPS is defined as a private not-for-profit State Certified Workshop. State Certified Workshops encourage and assist disabled persons to achieve maximum personal independence by engaging in useful and productive activities. Job programs are designed for disabled individuals and marketed throughout the community. The State exempts political subdivisions from competitive bidding requirements when contracting with a certified workshop. BPS has been furnishing biweekly litter removal services on specified arterial streets since 1987. BPS provides a crew of four(4) collection personnel and one(1) supervisor/driver, five(5) days per week, excluding City holidays. BPS will be paid $14.08 per hour,per person worked. This cost includes all labor, transportation, equipment, insurance, and litter disposal fees. The hourly rate provides the City with the option of using the crews only when and where needed. During the past twelve months, BPS has worked approximately 9,617 labor hours,removing about 1,609.03 cubic yards of litter, at an estimated cost of$135,407. The requested rate of$14.08 per hour is the same rate as for the previous year. A$1.00 per hour increase was granted in July, 2009 due to the increased minimum wage. BUDGETARY IMPACT Funds are available in the Code Enforcement Division's operating budget. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves an annual contract with Beaumont Products and Services, Inc.(BPS)for furnishing litterremoval serviceson arterial street rights-of-wayand other specific areas at a rate of $14.08 per person, per hour worked. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of August, 2010. - Mayor Becky Ames - i