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HomeMy WebLinkAboutPACKET SEP 25 2007 (02)City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 25, 2007 1:30 P.M. CONSENT AGENDA Approval of minutes * Confirmation of committee appointments Tony Gibson would be reappointed to the Community Development Advisory Committee. The current term would expire May 23, 2009. (Councilmember W. L. Pate, Jr.) Jon Reaud would be appointed to the Community Development Advisory Committee. The term would commence September 25, 2007 and expire September 24, 2009. (Councilmember W. L. Pate, Jr.) Marvin Brailsford would be appointed to the Community Development Advisory Committee. The term would commence September 25, 2007 and expire September 24, 2009. (Mayor Pro Tem Audwin M. Samuel) Marvin Brailsford would be reappointed to the Small Business Advisory Board. The current term would expire November 25, 2008. (Mayor Pro Tem Audwin M. Samuel) A) Approve a resolution to write-off uncollectible water accounts B) Authorize the acquisition of five (5) properties in the Van Wormer Addition for the Downtown Event Center and Lake Park C) Authorize the acceptance of two (2) twenty foot wide drainage easements to serve the proposed Vision Village Subdivision D) Authorize the acceptance of two (2) ten (10) foot wide exclusive Water Line Easements out of the J. W. Bullock Survey located at Interstate 10 and Cardinal Drive E) Authorize the City Manager to execute a wastewater service agreement with West Jefferson Municipal Utility District F) Approve change orders for the Martin Luther King, Jr. Park Project 11 a ft City of Beaumont AK1 Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer(e) MEETING DATE: September 25, 2007 lL'� AGENDA MEMO DATE: September 14, 2007 REQUESTED ACTION: Council consider approving a resolution to write-off uncollectible water accounts totaling $33,087.85 for which each individual account exceeds $1,000. RECOMMENDATION The administration requests approval of a resolution to write-off uncollectible water accounts totaling $33,087.85 for which each individual account exceeds $1,000. BACKGROUND This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off any individual account receivable identified as uncollectible when the balance due exceeds $1,000. All accounts have been terminated for at least one year and collection efforts have been unsuccessful. The termination dates for these accounts range from 4/1994 to 8/2006. A detailed report is attached. Auditors have requested that uncollectible balances be cleared from subsidiary ledgers. If at any time an account becomes collectible after having been written -off, the receivables of the City shall be adjusted accordingly. The balance of the account shall be reinstated and payments shall be applied to that balance. In addition, the customer shall not be able to obtain new water service with the City until the delinquent balance has been paid. 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All properties were appraised by Bishop Real Estate Appraisers, Inc. 1. Part of Lot 1, Block 23, Van Wormer Addition (314 Holmes Street) Appraised Value: $3,000.00 Owner: Estate of Elias de la Rosa, c/o Irma Harwell 2. Lot 12, Block 24, Van Wormer Addition (900 Crockett and Archie) Appraised Value: $11,000.00 Owner: Hugh E. O'Fiel 3. Lot 6, Block 24, Van Wormer Addition (335 Holmes) Appraised Value: $16,000.00 Owner: Warren L. Riley 4. North Part of Lot 1, Block 23, Van Wormer Addition (302 Holmes) Appraised Value: $3,500.00 Owner: Easter Anderson, Trustee 5. Part of Block: 29, Van Wormer Addition (798 Bonham) Appraised Value: $2,000.00 Owner: Ronald F. Zummo Administration recommends authorization to acquire the properties above. BACKGROUND These properties are needed for the Downtown Event Center and Lake Park Project. BUDGETARY EWPACT Funds are available in the Capital Program. mpeptemb"07-ib.wpd 19 September 2007 RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of five (5) properties in the Van WormerAddition as shown below and on Exhibit "A" attached hereto for the Downtown Lake Park: 1. Part of Lot 1, Block 23, Van Wormer Addition (314 Holmes Street) Appraised Value: $3,000.00 Owner: Estate of Elias de la Rosa, c/o Irma Harwell 2. Lot 12, Block 24, Van Wormer Addition (900 Crockett and Archie) Appraised Value: $11,000.00 Owner: Hugh E. O'Fiel 3. Lot 6, Block 24, Van Wormer Addition (335 Holmes) Appraised Value: $16,000.00 Owner: Warren L. Riley 4. North Part of Lot 1, Block 23, Van Wormer Addition (302 Holmes) Appraised Value: $3,500.00 Owner: Easter Anderson, Trustee 5. Part of Block 29, Van Wormer Addition (798 Bonham) Appraised Value: $2,000.00 Owner: Ronald F. Zummo NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the five (5) properties in the Van Wormer Addition as shown above and on Exhibit "A" attached hereto forthe Downtown Lake Park be and the same is hereby, approved: PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - . `• V 1 t 'p I . w 140 0 / - ta� �•~' .. '• .. - •• �..' 174.1 o '� C� 6111 Etc 44 j .� ��.. •.� � 3� .. .RF -., x� Ctg .� h h 140 N C . ��' . O •, �;, YS .... [. N 100 d C in p; ',Cia m Y . •acv ' .y.,:s 3.0 n b 100 li S. '`��•l<D 40 p c' 1-00 0 • v '; 91 �. i} �' a . I,iO.r+�r' _ w"i'Swr �' e�� a+ y �.'a'K� . �x - co r 16 wi d Gti n ;`,• �. x.K.� 0 2 n 140 ' 579.1 A '. • r 1 h n •160 la • R�• V, t • • �. 140 0 _ n ' -73 • 'i •., ' . 140 14c0 N o Y40' e F O �► $� in ^ 190 n 44 . ;•e.� f,. rL 140;. n �+vs. M � '• n GIG 123.1 0 !22 n i In H 0.1 to ,r • AY"" �. z{4' t4•(.'' q "~, ,' '' CNv' y �.` f '� t . S � •fix � '�..� y ,+�.� �^; r �6/�• l 994.61: ' 1 0 .. 61/1 03 4 N!G 140 g EXHIBIT "All City Council Agenda Item..„ m. ' c TO: City Council FROM: Kyle Hayes, City Manager ' f•VO . PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 14, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of two (2) twenty foot wide drainage easements to serve the proposed Vision Village Subdivision. RECOMMENDATION Administration recommends acceptance of the above named easements. BACKGROUND Phelan Investments has agreed to convey two (2) twenty foot (20') wide Drainage Easements to the City of Beaumont. The proposed Drainage Easements would serve the 42.227 acre subdivision to be known as the Vision Village Subdivision. The easements are located on adjacent properties to the subdivision and would allow the site to drain to facilities maintained by Jefferson County Drainage District No. 6. 1. 20'x 55' easement (0.0248 acre) out of C. Williams Survey Parallel to Major Drive Owners: Phelan Investments 2. 20'x 110' easement (0.0497 acre) out of Lots 28 and 29, Block 4 Willow Creek One, Section 3 off Bonney Briar Place Owners: Phelan Investments BUDGETARY IMPACT None. engvi si on_village-ib.wpd 14 September 2007 RESOLUTION NO. WHEREAS, Phelan Investments has offered to convey to the City of Beaumont two (2) twenty foot (20') wide Drainage Easements as shown below and described in Exhibit "A" and shown on Exhibit "B" attached hereto, to serve the 42.227 acre subdivision to be known as the Vision Village Subdivision: , and; 1. 20'x 55' easement (0.0248 acre) out of C. Williams Survey Parallel to Major Drive Owners: Phelan Investments 2. 20' x 110' easement (0.0497 acre) out of Lots 28 and 29, Block 4 Willow Creek One, Section 3 off Bonney Briar Place Owners: Phelan Investments WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyances is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easements conveyed by Phelan Investments as referenced above and described in Exhibit 'A" and shown on Exhibit "B" be and the same are hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - t � f MPW Fittz & Shipman INC Consulting Engineers and Land Surveyors EXHIBIT "A", PAGE 1 OF 3 FIELD NOTE DESCRIPTION IT1]1_ 0.0248 ACRE TRACT FOR A 20' DRAINAGE EASEMENT OUT OF THE CHARLES WILLIAMS SURVEY, ABSTRACT 59 JEFFERSON COUNTY, TEXAS DECEMBER 22, 2006 That certain 0.0248 acre tract out of the Charles Williams Survey, Abstract 59, Jefferson County, Texas, for a 20' drainage easement across a portion of a called 157.852 acre tract conveyed to J. H. Phelan as recorded in Volume 396, Page 321 of the Deed Records of Jefferson County, Texas, said 0.0248 acres being more particularly described by metes and bounds as follows: NOTE-: The Basis of Bearing is the north line of a called 42.227 acre tract (upon resurvey found to contain 41.64 acres) conveyed to Emmanuel Baptist Church of Jesus Christ, Inc. as recorded in Film Code 105-02-2252 of the Real Property Records of Jefferson County, Texas having been called North 87026'15" East 1558.09 feet. COMMENCING at a %" iron rod found in the south line of the said 41.64 acre tract for the northeast corner of Willow Creek One, Section 3, a plat recorded in Volume 14, Page 195 of the Map Records of Jefferson County, Texas from which a %" iron rod found for the southeast corner of the said 41.64 acre tract bears North 87°06'11" East 162.71 feet (called North 87006'25" East); THENCE South 87006'11" West along the said south line of the 41.64 acre tract a distance of 1685.83 feet (called South 87°06'25" West) to a point for the northeast corner of the said 0.0248 acre tract and the POINT OF BEGINNING; THENCE South 02040'48" East along the east line of the said 0.0248 acre tract a distance of 61.72 feet to a point in the northeasterly line of a 80' drainage easement as recorded in Volume 1584, Page. 250 of the Deed Records of Jefferson County, Texas for the southeast corner of the said 0.0248 acre tract; THENCE North 55020'15" West along the said northeasterly line of the 80' drainage easement and the south line of the said 0.0248 acre tract a distance of 25.16 feet to a point for the southwest corner of the said 0.0248 acre tract; THENCE North 02040'48" West along the west line of the said 0.0248 acre tract a distance of 46.38 feet to a point in the said south line of the 41.64 acre tract for the northwest corner of the said 0.0248 acre tract from which a '/" capped iron rod set for the southwest corner of the said 41.64 acre tract in the east right-of-way line of Major Drive (aka F.M. 364) bears South 87006'11" West 13.65 feet (called South 87006'25" West); Fittz & Shipman, Inc. Page 1 of 2 Project No. 05715Esmtl Plat & Description 1405 Cornerstone Court,* Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 EXHIBIT "A" PAGE 1 of 3 EXHIBIT "A", PAGE 2 OF 3 THENCE North 87006'11" East along the said south line of the 41.64 acre tract and the north line of the said 0.0248 acre tract a distance of 20.00 feet (called North 87006'25" East) to the POINT OF BEGINNING and containing 0.0248 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during November 2006. Nk*Walter J. Ksiaz "%'tt o�: •4 Registered Professi al Land Sury r No. 5321 * �:•Q���t*E�F���'# WALTER J. KSIAZEK x•09 5321 � �. �SURVE Fittz & Shipman, Inc Page 2 of 2 Project No. 05715Esmtl Plat & Description EXHIBIT "A" PAGE 2 of 3 «d,) iigIaxa O Z r U Wp �Zpz OO�Z QCL Cb N 3N 00 2 N U fp 0 cn me 00 of 2Nn of O a � I 2 O W U � w < L1 U " H CL M m W M OR In co > O M W N W >OHNZ a�+WWONNON_ O Z p�T2 I Ui0 J y, 1=/I�UOOi� �OON� � UNOw� am OvCOO{�4�2 () < 2 U O O W U 0 380V 94ZO'O 0 U J � _w.rUzO 1COpy o Kw 2�C) ?<HFDYm V C )n m N U m U W Z W w.OK =. O m O oN O W N O O Z r U Wp �Zpz OO�Z QCL Cb N 3N 00 2 N U fp 0 cn me 00 of 2Nn of O a � I 2 O W U � w < L1 U " H CL M m W M OR In co L £ 30 £ 30Vd '.,V., IIGIHX3 0 O Z H Z Z Z O W am — ZL-L9 3 _9t,04.ZO S- 0 380V 94ZO'O 0 apo Via. iN3W3SV3 N 30VNIVHO ,OZ 1COpy o _ _ _ )n M B4,04.ZO N 3AINO 8OrVY4 L £ 30 £ 30Vd '.,V., IIGIHX3 F'ittz & Shipman INC Consulting Engineers and Land Surveyors FIELD NOTE DESCRIPTION FORA 0.0497 ACRE TRACT FOR A 20' DRAINAGE EASEMENT ACROSS LOTS 28 AND 29, BLOCK 4 OF WILLOW CREEK ONE, SECTION 3 JEFFERSON COUNTY, TEXAS DECEMBER 21, 2006 That certain 0.0497 acre tract, for a 20' drainage easement across Lots 28 and 29, Block 4 of Willow Creek One, Section 3, a plat recorded in Volume 14, Page 195 of the Map Records of Jefferson County, Texas, said 0.0497 acres being more particularly described by metes and bounds as follows: NOTE-: The Basis of Bearing is the north line of a called 42.227 acre tract (upon resurvey found to contain 41.64 acres) conveyed to Emmanuel Baptist Church of Jesus Christ, Inc. as recorded in Film Code 105-02-2252 of the Real Property Records of Jefferson County, Texas having been called North 87026'15" East 1558.09 feet. COMMENCING at a %2" iron rod found in the south line of the said 41.64 acre tract for the northeast corner of said Lot 29 from which a %2' iron rod found for the southeast comer of the said 41.64 acre tract bears North 87°06'11" East 162.71 feet (called North 87006'25" East); THENCE South 87°06'11" West along the said south line of the 41.64 acre tract and the north line of said Lot 29 a distance of 147.25 feet (called South 87006'25" West) to a point for the northeast corner of the said 0.0497 acre tract and the POINT OF BEGINNING; THENCE South 03004'34" East along the east line of the said 0.0497 acre tract a distance of 106.16 feet to a point in the north right-of-way line of Bonney Briar Place and the south line of said Lot 29 for the southeast comer of the said 0.0497 acre tract; THENCE along the said north right-of-way line of Bonney Briar Place and a portion of the south line of said Lots 29 and 28 with a curve to the left having a chord bearing of South 69059'00" West, a chord distance of 20.91 feet and a radius of 40.00 feet, a distance along the curve of 21.15 feet to a point in the said south line of Lot 28 for the southwest corner of the said 0.0497 acre tract; THENCE North 03004'34" West along the west line of the said 0.0497 acre tract a distance of 112.32 feet to a point in the north line of said Lot 28 and the south line of the said 41.64 acre tract for the northwest corner of the said 0.0497 acre tract from which a found 1 %" iron pipe bears South 87°06'11" West 702.83 feet (called South 87°06'25" West); Fittz & Shipman, Inc. Page 1 of 2 Project No. 05715Esmt2 Plat & Description 1405 Cornerstone Courts Beaumont, Texas 77706 . (409) 832-7238 • fax (409) 832-7303 EXHIBIT "B" PAGE 1 of 3 THENCE North 87°06'11" East along the south line of the said 41.64 acre tract and a portion of the north line of said Lot 28, at 10.00 feet pass the northeast corner of said Lot 28 and the northwest comer of said Lot 29, and continuing along a portion of the north line of said Lot 29 a total distance of 20.00 feet (called North 87006'25" East) to the POINT OF BEGINNING and containing 0.0497 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during November 2006. Walter J. Ksiazek Registered Profession Land Sury or No. 5321 Fittz & Shipman, Inc. Page 2 of 2 Project No. 05715Esmt2 Plat & Description > = SOF so 0 +VASTER J. �'9�FES 4A,_ 0 EXHIBIT "B" PAGE 2 of 3 § k & �z \ 20 0.0 ErE3ova �------- I fLJ I O o &¥ O % / ` 46 Z z§ ! / 2 m I 9i'9013_�_>_=CoS����� |8 �® MOV JiQQ--2 Igms2 3,N*« - � M M.*C, � N — \ \ §« \ ® k\ I \ ® § � S ! ) 7 3b \Ctf � \ w\\ @ up La N of UJ § G \u \ 5o in » *.A @Q f \(\\( (§0 a . / f ] I G § §)/ 3 2 i q I; k 0 } q IS y ( b 0 \ i\ f / fLJ I O o &¥ O % / ` 46 Z z§ ! / 2 m I 9i'9013_�_>_=CoS����� |8 �® MOV JiQQ--2 Igms2 3,N*« - � M M.*C, � N — \ \ §« \ ® k\ I \ ® § � S ! ) 7 3b \Ctf � \ w\\ @ up La N of UJ § G \u \ 5o in » *.A @Q f D 179f City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager ?kJ. PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 17, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of two (2) ten (10) foot wide exclusive Water Line Easements out of the J. W. Bullock Survey located at Interstate 10 and Cardinal Drive. RECOMMENDATION Administration recommends acceptance of the above named easements. BACKGROUND Value Place Beaumont, L.L.C. has agreed to convey two (2) ten (10) foot wide exclusive Water Line Easements to the City of Beaumont. The easements will provide service for the Value Place Hotel located at 2375 IH 10 South. 1. 10 foot exclusive Water Line Easement 0.159 acre out of Lots 3A and 6A, J. W. Bullock Survey [Interstate 10 and Cardinal Drive Interchange] 2. 10 foot exclusive Water Line Easement 0.005 acre out of Lot 3A, J. W. Bullock Survey [Interstate 10 and Cardinal Drive Interchange] BUDGETARY IMPACT None. engval ue_place-ib.wpd 17 September 2007 RESOLUTION NO. WHEREAS, Value Place Beaumont, L.L.C., has offered to convey two (2) ten foot (10') wide water line easements as shown below and described in Exhibit "A" and shown on Exhibit "B" attached hereto, to serve Value Place Hotel located at 2375 IH -10 South: , and; 1. 10 foot exclusive Water Line Easement 0.159 acre out of Lots 3A and 6A, J. W. Bullock Survey [Interstate 10 and Cardinal Drive Interchange] 2. 10 foot exclusive Water Line Easement 0.005 acre out of Lot 3A, J. W. Bullock Survey [Interstate 10 and Cardinal Drive Interchange] WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyances is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easements conveyed by Value Place Beaumont, L.L.C., as shown above and described in Exhibit "A" and shown on Exhibit "B" be and the same are hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - W�RT E C H LAND SURVEYORS, INC. August 15, 2007 "Recognizing the landmarks of the past..... setting our foresight towards the future" EXHIBIT "A" Page 1 of 4 Richard L. Worthen. RPLS J.L. Sims, Jr., RPLS Michael S. Kethan, RPLS Surveyor's Field Note Description: 0.159 Acre Exclusive City Watermain Easement and a 0.005 Acre Exclusive City Watermain Easement BEING a 0.159 acre (6932 square feet) tract of land (Exclusive City Watermain Easement No. 1) and a 0.005 acre (Exclusive City Watermain Easement No. 2), being out of and a part of Lot 3A and Lot 6A as conveyed to Value Place Beaumont LLC by a Special Warranty Deed dated July April 26, 2007 and filed for record under Clerk's File No. 2007016367 of the Official Public Records of Jefferson County, said Lots 3A and 6A being more fully described and shown in Amended Plat of Lots 3, 4, 5, and 6, Block 2 of Executive Business Plaza dated July October 20, 2006 and filed for record under Clerk's File No. 2006041569 of said Official Public Records of Jefferson County and being situated in the J.W. Bullock Survey, Abstract No. 7, Jefferson County, Texas and being more particularly described as follows: Exclusive City Watermain Easement No. 1 — 0.159 Acre Tract COMMENCING at a 1/2" iron rod with cap found in the east right-of-way of Interstate Highway 10 and Cardinal Drive Interchange for the southwest corner of said Lot 3A and the northwest corner of called Lot 4A as conveyed to Mickey Phelan B Land L.P. and Eleven Phelan B L.L.C. by a Special Warranty Deed dated December 31, 2000 and filed for record under Clerk's File No. 2001000212 of said Official Public Records of Jefferson County, same being shown as Account No. 019650-000-000500-00000-0 of the Jefferson County Appraisal District; THENCE, South 89 deg. 34 min. 50 sec. East, a distance of 20.04 feet along the south line of said Lot 3A and the north line of said Lot 4A, to a point beginning a curve to the right, from which a 1/2" iron rod found for the southeast corner of said Lot 6A bears South 89 deg. 34 min. 50 sec. East a distance of 518.78 feet; THENCE, in a northeasterly direction along the arc of said curve to the right, having a radius of 1720.32 feet, a central angle of 00 deg. 29 min. 26 sec., an arc length of 14.73 feet, and a chord bearing North 04 deg. 28 min. 45 sec. East 14.73 feet, to a point for the southwest corner and PLACE OF BEGINNING of the herein described tract, THENCE, continuing along the arc of said curve to the right, having a radius of 1720.32 feet, a central angle of 00 deg. 20 min. 03 sec., an arc length of 10.03 feet, and a chord bearing North 04 deg. 53 min. 30 sec. East 10.03 feet, to a point for the most westerly northwest corner of the herein described tract; THENCE South 89 deg. 34 min .50 sec. East a distance of 408.74 feet to a point for corner; THENCE North 00 deg. 25 min. 10 sec. East a distance of 7.00 feet to a point for corner; 7999 Gladys Avenue, Suite 102 Beaumont, Texas 77706-3109 Tel: 409.866.9769 Fax: 409.866.7075 N:\Survey_data\PROJECTS\Projects2007\2EXHIBIT "Q„ www.wortech.com W�RT E C H LAND SURVEYORS, INC. EXHIBIT "A" Page 2 of 4 THENCE South 89 deg. 34min. 50 sec. East a distance of 10.00 feet to a point for corner; THENCE South 00 deg. 25 min. 10 sec. West a distance of 7.00 feet to a point for corner; THENCE South 89 deg. 34 min. 50 sec. East a distance of 22.16 feet to a point for corner; THENCE North 00 deg. 25 min. 10 sec. East a distance of 161.83 feet to a point for the most northerly northwest corner of the herein described tract; THENCE South 89 deg. 34 min. 50 sec. East a distance of 10.00 feet to a point for the most easterly northeast corner of the herein described tract; THENCE South 00 deg. 25 min. 10 sec. West a distance of 161.83 feet to a point for comer; THENCE South 89 deg. 34 min. 50 sec. East a distance of 66.06 feet to a point for the most easterly northeast corner of the herein described tract, same being located in the east line of said Lot 6A and said Value Place Beaumont LLP tract, and the west right-of-way of Executive Boulevard (60 feet wide public right-of-way); THENCE South 00 deg. 25 min. 29 sec. West a distance of 10.00 feet, along and with the east line of said Lot 6A and said Value Place Beaumont LLP tract, same being the west right-of-way of said Executive Boulevard, to a point for the southeast corner of the herein described tract; THENCE North 89 deg. 34 min. 50 sec. West a distance of 287.54 feet to a point for corner; THENCE South 00 deg. 25 min. 10 sec. West a distance of 2.00 feet to a point for corner; THENCE North 89 deg. 34 min. 50 sec. West a distance of 34.94 feet to a point for corner; THENCE North 00 deg. 25min. 10 sec. East a distance of 2.00 feet to a point for corner; THENCE North 89 deg. 34 min. 50 sec. West a distance of 195.26 feet to the PLACE OF BEGINNING, containing 0.159 acre of land (6932 square feet), more or less. Exclusive Citv Watermain Easement No. 2 — 0.005 Acre Tract COMMENCING at a 1" iron pipe found in the east right-of-way of Interstate Highway 10 and Cardinal Drive Interchange for the northwest corner of said Lot 3A and the southwest corner of called 6.00317 acre tract as conveyed to Beaumont Hotel Partnership, LTD. by a General Warranty Deed dated September 27, 1983 and filed for record under Film Code No. 100-33- 0640 of said Official Public Records of Jefferson County; N:\Survey_data\PROJECTS\Projects2007\2007-105\2007-105 LEGAL.doc W��,,RTECH LAND SURVEYORS, INC. EXHIBIT "A" Page 3 of 4 THENCE, South 89 deg. 34 min. 50 sec. East, a distance of 20.33 feet along the north line of said Lot 3A, same being the south line of said 6.00317 acre tract, to a point for corner beginning a curve to the left, from which a 5/8" iron rod found for the northeast corner of said Lot 6A bears South 89 deg. 34 min. 50 sec. East a distance of 494.82 feet; THENCE, in a southwesterly direction along the arc of said curve to the left, having a radius of 1720.32 feet, a central angle of 00 deg. 17 min. 57 sec., an arc length of 8.98 feet, and a chord bearing South 10 deg. 34 min. 58 sec. West 8.98 feet, to a point for the northwest corner and PLACE OF BEGINNING of the herein described tract; THENCE South 79 deg. 53 min. 20 sec. East a distance of 21.54 feet to a point for the northeast corner of the herein described tract; THENCE South 10 deg. 06 min. 40 sec. West a distance of 10.00 feet to a point for the southeast corner of the herein described tract; THENCE North 79 deg. 53 min. 20 sec. West a distance of 21.57 feet to a point for the southwest corner of the herein described tract and beginning a curve to the right; THENCE, in a northeasterly direction along the arc of said curve to the right, having a radius of 1720.32 feet, a central angle of 00 deg. 19 min. 59 sec., an arc length of 10.00 feet, and a chord bearing North 10 deg. 16 min. 00 sec. East 10.00 feet, to the PLACE OF BEGINNING, containing 0.005 acre of land (216 square feet), more or less. (This description is based upon a survey made on the ground under my direct supervision on August 8, 2007 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the South line of said Value Place BeImont LLC tract, as being called North 89 deg. 34 min. 50 sec. West.) 4rm, OF Michael Kethan K-4t� Registered Professional Land Surveyor'�F9�' CHAEL KJ a 5709 9 ,e. s s N' '0 SU N:\Survey_data\PROJECTS\Projects2007\2007-105\2007-105 LEGAL.doc D(HIBrr A EXEduTIVE BOULEVARD PAGE 4 OF 4 (60' PUBLIC R.O..) CALL S00'25'29"W 193.52' FND 1/2" FND S00'25'29"W 193.52' L ROD FND 5/8' I. ROD I G L8 a VICINITY MAP NOT TO SCALE so 1yi 0 O� w z JA1 0' 30' 60' 120' a Ln SCALE: 1"=60' o LINE TABLE FOUND L6 M; SO. FT. SOUARE FEET O.P.R.J.C. 174 LID OF JEFFERSON COUNTY aMO�o r � ao 000 J,a 0 .tea L c O dz ;Jemz 6 FOE-- ---- L2 W (L CV p O¢ U 4S a" W !n a LOT 6A Z^ _ L7 J.W. BULLOCK SURVEY UQ me �Uw ABSTRACT NO. 7 FND 1' 00 =J�WU - - _-_ OU1z" _ _POC -WATERMAIN Z Lv VALUE PLACE BEAUMONT LLC ..7 zo.oa' g CALLED LOT 3A AND 6A NO. I m N AMENDED PLAT OF EXECUTIVE BUSINESS PLAZA Op CC WZ WU �U Q v CURVE SPECIAL WARRANTY DEED di N 111 lO APRIL 26, 2007 co' C.F. NO. 2007016367 InNTEn IIANOE = m O.P.R.J.C. RADIUS W W N � ARC LENGTH O C1 00'29'26 1720.32' NO4'28'45 E 14.73' 14.73' a 7 _ LOT LINA 10.03' 00 00 C3 00'17'57 In -S -10---3-4-5-8"W-8.98' 8.98' 1- AMENDED PLAT OF 1720.32' U 10.00' LOTS 3, 4, 5 AND 6, BLOCK 2 FND C5 06'25 20' EXECUTIVE BUSINESS PLAZA N 07-24'05' E 194.97 795.07' OCTOBER 20, 2006 ..i CALL C5 1740.32' C.F. NO. 2006041569 195.07' O.P.R.J.C. a 0.159 ACRE uNi W 6932 SQ. FT. Nxa"; m;_ LOT 3A �m J� u W EXCLUSIVE CITY W WATERMAIN EASEMENT NO. 1 VALUE PLACE BEAUMONT 2375 IH10 SOUTH BEAUMONT, TEXAS 77705 01 EXCLUSIVE CITY WATERMAIN EASEMENT NO. 2 Lt7 0.005 ACRE VICINITY MAP NOT TO SCALE so 1yi 0 O� w z JA1 0' 30' 60' 120' a Ln SCALE: 1"=60' o LINE TABLE ABBREVIATIONS FND FOUND W IRON SO. FT. SOUARE FEET O.P.R.J.C. OFFICIAL PUBLIC RECORDS m 8 mW �ng OF JEFFERSON COUNTY aMO�o co ao 000 J,a 0 N_ u1 N 0 Z dz ;Jemz 6 FOE-- ---- 3 3U W (L CV p O¢ U 4S a !n a _ L7 Z Z m UQ .a �Uw 30 FND 1' - - _-_ 0 _ _POC -WATERMAIN I. PIPE POC C5 NATERMAIN ..7 zo.oa' g - EASEMENT NO. I z.0 U_m Op CC WZ WU �U Q ABBREVIATIONS FND FOUND I. IRON SO. FT. SOUARE FEET O.P.R.J.C. OFFICIAL PUBLIC RECORDS i W� W OF JEFFERSON COUNTY C.F. CLERK'S FILE No. NUMBER POC PLACE OF COMMENCING POO PLACE OF BEGINNING BEARINGS SHOWN HEREON ARE BASED AND/OR ROTATED TO THE SOUTH LINE OF THE VALUE PLACE BEAUMONT LLC TRACT CALLED N89'34'50'W IN CLERK'S FILE NO. 2006041569 OF THE OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT COMMITMENT FOR TITLE INSURANCE OR ABSTRACTOR'S CERTIFICATE AND THEREFORE EASEMENTS OR ENCUMBRANCES MAY EXIST WHICH ARE - - - 216 SQ. FT. ij---'� NOT SHOWN HEREON. - G 4 `? i W� W FOE-- ---- _ FND 1' - - _-_ - _ _POC -WATERMAIN I. PIPE POC C5 NATERMAIN zo.oa' - - EASEMENT NO. I �i o ;Z W 'dARDINAL ROD/ CURVE TABLE 111 lO co' InNTEn IIANOE = m CURVE DELTA ANGLE RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH C1 00'29'26 1720.32' NO4'28'45 E 14.73' 14.73' C2 00'20'03 1720.32 N04 53'30 E 10.03' 10.03' C3 00'17'57 1720.32 -S -10---3-4-5-8"W-8.98' 8.98' C4 00'19'59" 1720.32' N10-16 00"E 10.00' 10.00' FND C5 06'25 20' 7740.32 N 07-24'05' E 194.97 795.07' CALL C5 1740.32' 195.07' JOB NO: 2007-105 SURVEYOR'S CERTIFICATION FIELD BOOK: 650/10OF DR.BY: MWG ,`��� ST�«F.f,' THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS DATE: 8/15/07 �f O q tib SURVEY PLAT ACCURATELY REPRESENTS AN ON THE F GROUND SURVEY MADE UNDER MY DIRECT SUPERVISION ON SCALE: 1"=60' j\ D AUGUST 8, 2007, AND IS BEING SUBMITTED ALONG WITH THE SURVEYOR'S FIELD NOTE DESCRIPTION OF THE E� THAN PROPERTY SHOW N HEREON, WHICH LIES IN JEFFERSONMICHAEL KGOW RTECH 9 0 INC.LAND SURVEYORS, 7999 Gladys -e 102 Beaumot,exas 77063109 Tel: 409.866.9769 Fax: 409.866.7075 SURVEY -UR www.wortech.com Exhibit "B" mmmmmmmmmmw E UC ~- 7,,.1.JJr1 TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Dr. Hani J. Tohme, Water Utilities Director 0 September 25, 2007 September 18, 2007 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a wastewater service agreement with West Jefferson Municipal Utility District. RECOMMENDATION Administration recommends approval of executing a wastewater service agreement with West Jefferson Municipal Utility District to serve an RV park outside City limits at the corner of Hwy. 124 and Frint Drive. BACKGROUND The Texas Commission on Environmental Quality; Chapter 290, Sub -Chapter D, Rules and Regulations for Public Water Systems, require municipalities to execute service agreements with wholesalers as well as non -transient, non communities, which are not a community water system but regularly serve at least twenty-five (25) of the same persons at least six months out of the year. Once service agreements are executed with such entities, they will be required by State law to monitor and report the water quality inside of their property on a monthly basis. This procedure will prevent any possible contamination of the City of Beaumont water system and protect public health. The Water Utilities Department provides water and/or sanitary sewer service to sixteen (16) industrial customers and 4,800 commercial customers. The wastewater service agreement with West Jefferson Municipal Utility District will provide sanitary sewer service to an RV park located outside Beaumont's City limits. Phase I of the project will provide service to twenty-six (26) spots and Phase II will accommodate fifty (50) additional spots. The estimated total daily flow of 15,000 gallons will have minimal impact on the forty-seven (47) million gallons a day treatment capacity of the Wastewater Treatment Plant. The agreement is recommended for approval by the City Manager and the Water Utilities Director. BUDGETARY IMPACT Sewer line extensions and required lift station construction is funded by the owner of the RV park. The City of Beaumont will not participate with any of the construction cost, and will not be responsible for the maintenance of the new infrastructure. SAMPLE WASTEWATER SERVICE AGREEMENT IN riBEAUMONT,TEXAS STATE OF TEXAS COUNTY OF JEFFERSON CITY OF BEAUMONT City of Beaumont SERVICE AGREEMENT CONTRACT CONTRACT BETWEEN City of Beaumont ■ West Jefferson County MUD WHEREAS, West Jefferson County MUD, doing business in the State of Texas (herein "Owner"), and the City of Beaumont, a municipal corporation of the State of Texas (herein "City") entered into a Contract on , 2007, for the City to provide provisions of sanitary sewer services to Owner. WHEREAS, the City and Owner desire to adopt a Service Agreement Contract for the provision of sanitary sewer services to Owner and agree as follows: WITNESSETH Owner agrees to maintain, free of charge to the City, the sewer lines within its property. II The City shall have the right to enter on the Owner's property or premises with 24 hour prior notice, unless under an emergency situation, for any purposes reasonably incidental to or necessitated by the terms and provisions of this Contract. The City will abide by all Owner's site safety rules and other site City of Beaumont 1350 Langham Road Water Utilities Department Page I of 5 Beaumont, Texas 77707 access rules while on Owner's property. III Owner agrees to maintain its sewer collection line, and a meter to pump its wastewater for monitoring the quantity of sewage delivered to the City's collection system. Owner further agrees to test the accuracy and calibrate the meter upon installation and annually thereafter, in a manner approved by the City, with the results submitted to the City. Owner shall bear all costs associated with the maintenance of the sewer collection lines on the Owner's property, and the meter. In the event of a malfunction of the meter, Owner agrees to pay for a volume of sewage that is equivalent to previous billing actually provided to Owner for the billing period. In the event that the City questions the accuracy of the meter, the City shall have the right, at its own expense, to test the accuracy of the meter. If the meter is inaccurate by at least 5 percent, Owner agrees to repair and re -calibrate the meter at their expense. IV Owner agrees to abide by the City's code of ordinance, specifically the sewer use ordinance Prohibition of specific types of waste. Owner must notify City prior to industry or large commercial facilities discharging process wastewater to the sewer. The need for a discharge permit and inter - jurisdictional agreement will be evaluated prior to discharge. ►1 Unless approved and authorized by the City, no waste other than domestic or sanitary sewage waste shall be delivered to the City's system, and shall meet limits and prohibitions as set forth in the City sewer use ordinance (Ordinance No. 03-018). VI City of Beaumont 1350 Langham Road Water Utilities Department Page 2 of 5 Beaumont, Texas 77707 In the event of an overflow, by pass, or other noncompliance from Owner's sanitary sewage collection system to the States water ways, Owner agrees to promptly report the noncompliance as required by State and Federal authorities. Owner also agrees to promptly use its reasonable best efforts to mitigate any environmental hazard created by the noncompliance and to correct the problem that led tot he noncompliance. Owner also agrees to submit a copy of the notification and report of the mitigation to the City. VIl Owner agrees to pay to the City all charges for sewer service within Thirty (30) days from date of statement from the City. In the event of failure of Owner to so pay said charges, City shall have the right, upon thirty (30) days written notice to Owner, to refuse to provide sanitary sewer service to Owner. VIII Owner will pay the same rate for water and sewer services as established from time -to -time by the City Council for outside the City of Beaumont. In the event said rates are altered or amended by City Ordinance, Owner agrees to pay said amended rates. IX Owner agrees to: Adopt a resolution or take some other official action agreeing to the terms and conditions of this Contract, 2. Adopt a resolution or take some other official action ratifying, affirming and accepting the benefits and agreeing to the terms, conditions and requirements of this Contract; and 3. Enter into such other or additional contracts or agreements as may be reasonably required to carry out the purpose and intent of this Contract. 0 This Contract shall be for a period of 12 months from and after the date of execution. City of Beaumont 1350 Langham Road Water Utilities Department Page 3 of 5 Beaumont, Texas 77707 XI Owner may, from time to time, convey or assign this Contract with respect to all or any part of the land contained within Owner's property boundaries, and the assignee or assignees shall be bound by this Contract. Upon prior approval by the City Council, of the assignee or assignees, and only upon the condition that the assignee or assignees assume the liabilities, responsibilities and obligations under this Contract with respect to the land involved in the assignment or assignments, or as may be otherwise approved by the City Council. In connection with this Contract, official addresses for notification shall be: A. Hani J. Tohme, Director City of Beaumont Water Utilities Department 1350 Langham Road Beaumont, Texas 77707 B. Dennis Greene West Jefferson County MUD 7824 Glenbrook Dr. Beaumont, TX 77705 Any changes in said addresses may be made by notifying the other parties by certified mail of the new or changed contact person and/or address. XII This Service Agreement represents the entire and integrated Contract between the City of Beaumont and Customer and supersedes all prior negotiation, representatives, or agreements, either oral or written. This Contract may be amended only by written instrument signed by both the City of Beaumont's City Manger and Customer. IN WITNESS WHEREOF, the City of Beaumont Water Utilities Department has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the municipal corporate seal City of Beaumont 1350 Langham Road Water Utilities Department Page 4 of 5 Beau vont, Texas 77707 of said City to be hereunto affixed, and the said Customer, Customer, acting by hand of the President and/or Manager whereunto Authorized Representative, does now sign, execute and deliver this document. Executed in duplicate originals at Beaumont, Texas, on this day of A.D., 2007. Customer CITY OF BEAUMONT / CITY MANAGER By: By (PRINT) Authorized Representative Date By: Signature of Authorized Representative Date Attest: Attest: Date STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § Kyle Hayes, City Manager Date Date BEFORE ME, the undersigned, a Notary Public in and for the said county and state, on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instruction, and acknowledged to me that the same was the act of the said Customer, and that he executed the same as the act of such company for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , A.D. 2007. Notary Public My Commission Expires: City of Beaumont 1350 Langham Road Water Utilities Department Page 5 of 5 Beaumont, Texas 77707 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a wastewater service agreement with West Jefferson Municipal Utility District to serve an RV park outside the City limits at the corner of Hwy. 124 and Frint Drive. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - F imiCity Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works ! MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 20, 2007 REQUESTED ACTION: Council approval of Change Order Nos. 2, 3 and 4 for Martin Luther King, Jr. Park. RECOMMENDATION Administration recommends approval of Change Order Nos. 2, 3 and 4 for additional work at Martin Luther King, Jr. park in the amount of $32,607. BACKGROUND The construction contract was awarded by Council to N & T Construction, Inc. in the amount of $648,000. Construction is underway and the following improvements are recommended: Change Order No. 2 is the cost to imprint the new memorial bricks that will be placed along the walkway. The original memorial bricks installed in the boulevard on ML.K Parkway are scheduled to be replaced. Change Order No. 2 is the cost for imprinting 261 new bricks. Upon completion of the park, the original memorial bricks will be removed from the parkway and offered to the families that purchased them. The cost for imprinting is $6,635. Change Order No. 3 is the cost for furnishing and installing electrical power breakers, a concrete pedestal and an aluminum enclosure for the main electrical service that connects to the main power source. Entergy moved the overhead lines but the property owner is responsible for the service breakers and connection. A concrete pedestal and a secure aluminum enclosure was constructed to accommodate the service breakers. The cost for this change order is $8,303. Change Order No. 4 includes furnishing and installing new light fixtures in the parking lot. The high mast light fixture on the park site is sufficient lighting for the park, however, it does not provide enough lighting in the parking area. Staff requested a price from the contractor to furnish and install seven (7) light fixtures in the parking area. The cost includes all trenching, wiring and light pole bases for a complete installation. The cost for the additional lighting is $17,669. M.L.K. Park - Change Order September 20, 2007 Page 2 No additional days for completion were requested. The base bid of $648,000 was increased by Change Order No. 1 to $695,476. Change Orders No. 2, 3 and 4 increase the original contract amount by five percent (5%). Total percentage increase to date is twelve percent (12%). BUDGETARY IMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, on October 31, 2006, the City Council of the City of Beaumont, Texas, passed Resolution No. 06-335 awarding a contract in the amount of $648,000 to N & T Construction, Inc., Orange, Texas, for the construction of Martin Luther King, Jr. Park; and, WHEREAS, Change Order No. 1 was required for upgrading the specified 2 ft. x 2 ft. concrete pavers to Hanover Prest Pavers in a limestone grey and furnishing new memorial brick pavers in a charcoal finish thereby increasing the contract amount by $47,476 which increased the total contract amount to $695,476; and WHEREAS, Change Order No. 2 is required to imprint 261 new memorial bricks that will be placed along the walkway thereby increasing the contract amount by $6,635 for a total contract amount of $702,111; and WHEREAS, Change Order No. 3 is required for furnishing and installing electrical power breakers, a concrete pedestal and an aluminum enclosure for the main electrical service that connects to the main power source thereby increasing the contract amount by $8,303 for a total contract amount of $710,414; and WHEREAS, Change Order No. 4 is required for furnishing and installing new light fixtures in the parking lot thereby increasing the contract amount by $17,669 for a total contract amount of $728,083; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order Nos. 2, 3 and 4 increasing the contract amount by $32,607 for a total contract amount of $728,083 for the construction of Martin Luther King, Jr. Park. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 25, 2007 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-7 and 16 and 17/Consent Agenda * Consent Agenda GENERAL BUSINESS Consider adopting the FY 2008 Budget 2. Consider adopting the 2008 Capital Program 3. Consider ratifying the budgeted property tax increase reflected in the FY 2008 Budget 4. Consider accepting the tax roll and establishing the property tax rate for the tax year 2007 (FY 2008) EXECUTIVE SESSION * Prior to considering Agenda Item 5, the City Council will hold an Executive Session in accordance with Section 551.071 of the Government Code to: Consult with the City Attorney regarding legal issues related to the proposed Collective Bargaining Agreement between the City of Beaumont and the Beaumont Police Officers Association. 5. Consider authorizing the City Manager to execute a new labor agreement with the Beaumont Police Officers Association 6. Consider amending Section 28-50, Water Service Rates and Section 28-51, Sanitary Sewer Service Rates of the Code of Ordinances related to increasing water and sewer rates to fund water and sewer operations and recommended capital improvements 7. Consider amending Sections 28-24.1.(b)(1) and 28-24.1.(b)(2) of the Code of Ordinances related to increasing garbage and trash rates 8. Consider amending Chapter 30, Zoning Ordinance, by adding Section 30-23.2 to create the Neighborhood Design Overlay District and the regulations that would govern said overlay district 9. Consider amending Chapter 30, Zoning Ordinance, by amending Section 30-4 (b), amending Section 30-24 (b) Permitted Use Table, and adding Section 30-33 (b) 25, regulations for temporary portable storage containers 10. Consider approving a request for a zone change from GC -MD (General Commercial -Multiple Family Dwelling) to C -M (Commercial -Manufacturing) District for properties located at 715 and 745 Chamberlin 11. Consider approving a request for a specific use permit to allow retail merchandise sales in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 7130 Eastex Freeway 12. Consider approving a request for a specific use permit to allow parking for a restaurant in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located on the west side of Warren Street, approximately 467' north of W. Cardinal Drive 13. Consider approving a request for a specific use permit to allow a middle/high school in a GC -MD (General Commercial -Multiple Family Dwelling) District at 1050 Broadway 14. Consider approving a request for a specific use permit to allow a mini -warehouse self -storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located approximately 425' west of the northwest corner of College and 23'd Street 15. Consider approving a request for a specific use permit to allow a beauty shop in an RCR (Residential Conservation and Revitalization) District at 2390 Broadway 16. Consider approving a request to rename Pipkin Park to Pipkin Patriots Park 17. Consider approving an ordinance adopting local rules of the Beaumont Municipal Court 18. PUBLIC HEARING: Receive comments and requests relating to six month extensions for occupying FEMA or travel trailers Consider approving an ordinance allowing for a six month extension for occupying a FEMA or travel trailer at 5530 Thames, 1772 Grand, 3452 Grand, 680 Rhone, 1735 W. Highland, 2315 Sabine Pass, 3395 Maida, 1417 Church, 120 Langham, 2585 Linson, 3490 French, 1575 Threadneedle, 1745 Delaware and 660 Woodrow and denying an extension for 2650 Houston COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Jim R.ideaux dba JR's Automotive - Small Business Loan The City of Beaumont v. International Association of Firefighters, Local Union 399 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 September 25, 2007 Consider adopting the FY 2008 Budget BEAUMONT, TEXAS TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Max S. Duplant, Chief Financial Officer e September 25, 2007 September 17, 2007 Council consider adopting the FY 2008 Budget. RECOMMENDATION: Administration recommends Council adopt the FY 2008 Budget as submitted to Council on August 14, 2007. BACKGROUND Article VI, Section 8 of the City Charter states that "the budget shall be adopted by the favorable votes of at least a majority of all members of the Council." Section 9 states that "the budget shall be finally adopted not later than the twenty-seventh (27th) day of the last month of the fiscal year. Should the Council take no final action on or prior to such day, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council." The FY 2008 Budget was submitted to Council on August 14, 2007, and reviewed during a work session on September 4, 2007. A public hearing was held on September 4, 2007, which met the requirements of the Charter and state law. 001"WII,I.i•/IUI�IWy Proposed appropriation for all funds, net of a contingency, totals $209,621,700. Additionally, a contingency appropriation of $1,500,000 is made for the General Fund. ORDINANCE NO. ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Manager of the City of Beaumont submitted to the City Council a budget estimate for the revenues of said City and expenses of conducting the affairs thereof for the fiscal year beginning October 1, 2007, and ending September 30, 2008; and, WHEREAS, after notices and public hearings held in accordance with the requirements of the Charter of the City of Beaumont and the statutes of the State of Texas, the City Council is of the opinion that the budget, as attached hereto as Exhibit "A", should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the budget attached hereto as Exhibit "A" and made a part hereof for all purposes is hereby adopted and approved. Exhibit "A" is hereby adopted and approved as the budget of all the correct expenses as well as the fixed charges of the City for the fiscal period beginning the 1st day of October, 2007, and ending the 30th day of September, 2008, and the several amounts stated in Exhibit "A" as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. Notices given, as required for the adoption of said budget, are hereby ratified. Section 2. That the sums indicated are appropriated from the following schedule of funds: a. General $96,319,100 b. Debt Service 13,828,800 C. Water Utilities 34,823,700 d. Solid Waste Management 9,112,400 e. Hotel Occupancy Tax 2,901,200 f. Henry Homberg Golf Course 537,800 g. Municipal Transit 11,369,000 h. Other Special Revenue 5,615,200 i. Capital Reserve 10,490,500 j. Fleet Management 6,628,300 k. Employee Benefits 17,121,200 I. General Liability 874,500 Section 3. That the City Manager is hereby authorized to transfer budgeted funds from one lineitem to another line item provided the transaction is not an interfund transfer. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall in no way affect the remaining portions of this ordinance, and to such end the provisions of this ordinance are declared to be severable. Section 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - GENERAL FUND STATEMENT OF REVENUES AND EXPENDITURES REVENUES Sales and use taxes Property taxes Industrial payments Gross receipts taxes Utility fund in lieu Charges for services Fines and forfeits Licenses and permits Culture and recreation Interest earnings Miscellaneous revenues Transfers in TOTAL REVENUES EXPENDITURES Police Fire Public Works Public Health Event Facilities and Libraries Parks and Recreation Finance Technology Services Community Development Executive Office Human Resources City Attorney City Clerk Internal Services TOTAL EXPENDITURES OTHER USES Transfers out TOTAL APPROPRIATIONS EXCESS (DEFICIT) REVENUES OVER APPROPRIATIONS BEGINNING FUND BALANCE Reserved for contingency Unreserved ENDING FUND BALANCE Actual $ 36,123, 710 20,242, 920 11,491,345 6,830,089 6,279,000 3,470,410 2,612,302 1,403,390 431,918 1,162,366 1,052,745 91,100,195 24,142,266 18, 339, 874 10, 387, 571 5,882,174 3,342,531 3,477,709 1,407, 711 839,265 689,269 211,154 8,396, 858 77,116, 382 7,406,000 84,522, 382 6,577,813 13, 684, 809 1,500,000 18,762,622 $ 20,262,622 Budget FY 2007 (As Amended) $ 31,261,500 19,206,000 12,142, 800 6,220,000 6,936,000 3,396,000 1,925,400 1,300,000 504,000 1,200, 000 847,100 645,700 85,584,500 25, 525,100 19,428,400 16, 224, 000 6,503,700 3,613,800 3,688,900 3,266,600 2,530,300 1,462, 500 744,700 710,700 324,000 84, 022, 700 6,326,000 90,348,700 (4,764,200) 16,145, 572 1,500,000 9,881,372 $ 111381,372 Estimated Budget FY 2007 FY 2008 $ 34, 573, 000 19,400,000 12,081, 600 6,613,600 6,936,000 3,455,800 2,492,700 1,416,300 540,100 1,480, 000 1,147, 300 645,700 90,782,100 25,756,400 19, 344, 800 16,041,000 6,632, 300 3,339,900 3,797,500 3,184,600 2,404,300 1,539,000 701,800 725,500 229,500 83,696,600 6,326,000 90,022,600 759,500 20, 262,622 1,500,000 19, 522,122 $ 21, 022,122 $ 34,573,000 24,000,000 12,501,000 7,485,000 6,936,000 3,595,100 2,216,100 1,411,900 607,700 1,480,000 869,500 645,700 96,321,000 26,640, 800 20,235, 200 15,672,000 6,848,900 3,987,000 3,928,600 3,305,800 3,005,000 2,065,300 1,644,100 1,018,200 758,100 230,100 89, 339,100 6,980,000 96, 319,100 1,900 21, 022,122 1,500,000 19, 524, 022 $ 21,024,022 Exhibit "A" DEBT SERVICE FUND STATEMENT OF REVENUES AND EXPENDITURES REVENUES Property taxes Interest earnings Miscellaneous revenues Contributions from other funds TOTALREVENUES EXPENDITURES Principal and interest Service charges Other operating expenses TOTAL EXPENDITURES EXCESS (DEFICIT) REVENUES OVER EXPENDITURES BEGINNING FUND BALANCE ENDING FUND BALANCE Actual Budget Estimated FY 2006 FY 2007 FY 2007 2,270,220 $ 12, 540, 524 $ 12, 948, 000 $ 12,966, 000 190,957 180,000 240,000 332,265 339,300 339,300 818,707 815,400 815,400 13, 882, 453 14, 282, 700 14, 360, 700 13, 639, 935 14, 319, 500 14, 224, 500 5,258 8,000 8,000 - - 10,800 13,645,193 14,327,500 14,243,300 Budget FY 2008 $ 12,333,000 200,000 334,500 830,000 13, 697, 500 13,820,800 8,000 13, 828, 800 237,260 (44, 800) 117,400 (131, 300) 2,032,960 1,820,254 2,270,220 2,387,620 $ 2,270 $ 1,775,454 $ 2387 620 $ 2,256,320 Exhibit "A" WATER UTILITIES FUND STATEMENT OF REVENUES AND EXPENDITURES EXPENDITURES Wages 5,477,132 Budget 5,663,400 6,170,300 Benefits Actual FY 2007 Estimated Budget Operating supplies FY 2006 (As Amended) FY 2007 FY 2008 REVENUES 3,260,572 2,904,000 3,285,300 3,361,700 Water sales $ 19,756,896 $ 24,050,700 $ 23,469,000 $ 25,600,000 Sewer charges 6,905,280 5,538,600 5,847,300 6,315,100 Other fees and charges 3,635,749 1,683,000 1,730,600 1,650,000 Interest 441,505 375,000 520,000 500,000 Miscellaneous revenues 80,068 9,000 111,300 12,000 TOTAL REVENUES 30,819,498 31,656,300 31,678,200 34,077,100 EXPENDITURES Wages 5,477,132 5,826,600 5,663,400 6,170,300 Benefits 2,804,507 2,840,800 2,831,500 2,960,600 Operating supplies 927,065 953,200 958,100 961,300 Repair and maintenance 3,260,572 2,904,000 3,285,300 3,361,700 Utilities 2,561,521 2,395,100 2,421,200 2,591,800 Contract services 658,092 531,300 558,600 588,500 Capital 2,005,438 4,493,000 2,085,400 3,128,800 Debt service 8,023,914 9,022,900 8,925,100 9,160,700 Payment in lieu of taxes 4,973,000 5,630,000 5,630,000 5,630,000 Transfers to other funds 250,000 250,000 250,000 270,000 TOTAL EXPENDITURES 30,941,241 34,846,900 32,608,600 34,823,700 EXCESS (DEFICIT) REVENUES OVER EXPENDITURES (121,743) (3,190,600) (930,400) (746,600) BEGINNING FUND BALANCE 10,837,765 9,271,707 10,716,022 9,785,622 Unreserved 10,716,022 6,081,107 9,785,622 9,039,022 ENDING FUND BALANCE $ 10,716,022 $ 6,081,107 $ 9,785,622 $ 9,039,022 Exhibit "A" SOLID WASTE FUND STATEMENT OF REVENUES AND EXPENDITURES EXPENDITURES Wages 2,093,669 Budget 1,817,200 1,995,800 Benefits Actual FY 2007 Estimated Budget Operating supplies FY 2006 (As Amended) FY 2007 FY 2008 REVENUES 1,611,429 1,425,900 1,771,400 1,709,000 Residential collections $ 5,457,976 $ 5,600,000 $ 5,500,000 $ 5,796,000 Landfill fees 4,070,961 1,800,000 2,750,000 2,400,000 Interest earnings 80,837 50,000 115,000 115,000 Miscellaneous revenues 39,885 2,500 5,900 - Proceeds from sale of assets 65,478 - 1,500 1,500 TOTAL REVENUES 9,715,137 7,452,500 8,372,400 8,312,500 EXPENDITURES Wages 2,093,669 1,855,700 1,817,200 1,995,800 Benefits 1,043,269 994,500 978,300 1,051,300 Operating supplies 1,022,169 879,400 754,400 943,300 Repair and maintenance 1,611,429 1,425,900 1,771,400 1,709,000 Utilities 44,196 44,400 36,800 41,000 Contract services 103,045 231,300 177,500 168,800 Capital 1,345, 235 734,400 658,000 1,192, 500 Debt service 677,219 670,800 670,800 619,700 Payment in lieu of taxes 1,306,000 1,306,000 1,306,000 1,306,000 Transfers to other funds 75,000 75,000 75,000 85,000 TOTAL EXPENDITURES 9,321,231 8,217,400 8,245,400 9,112,400 EXCESS (DEFICIT) REVENUES OVER EXPENDITURES 393,906 (764,900) 127,000 (799,900) BEGINNING FUND BALANCE 2,206,440 2,053,736 2,600,346 2,727,346 Unreserved 2,600,346 1,288,836 2,727,346 1,927,446 ENDING FUND BALANCE $ 2,600,346 $ 1,2881836 $ 2,727,346 $ 1,9271446 Exhibit "A" HOTEL OCCUPANCY TAX FUND STATEMENT OF REVENUES AND EXPENDITURES REVENUES Gross receipts taxes Interest earnings Miscellaneous revenues TOTAL REVENUES EXPENDITURES Convention and Visitors Bureau Convention Facilities Designated Programs Transfers to Other Funds TOTAL EXPENDITURES EXCESS (DEFICIT) REVENUES OVER EXPENDITURES BEGINNING FUND BALANCE Unreserved ENDING BALANCE Actual FY 2006 $ 2,366,831 23,328 62,900 2,453, 059 1,121,045 635,786 270,000 2,026,831 Budget $ 2,078,800 7,000 21,500 2,107, 300 1,527,500 415,000 645,700 2, 588, 200 Estimated FY 2007 $ 2,425,000 37,000 153,500 2,615,500 1,559,600 295,000 645,700 2,500,300 Budget $ 2,370,000 35,000 23,500 2,428,500 1,825,500 430,000 645,700 2,901,200 426,228 (480,900) 115,200 (472,700) 288,734 722,849 714,962 830,162 714,962 241,949 830,162 357,462 $ 714,962 $ 241,949 $ 830,162 $ 357,462 Exhibit "A" HENRY HOMBERG GOLF COURSE FUND STATEMENT OF REVENUES AND EXPENDITURES Exhibit "A" Actual Budget Estimated Budget FY 2006 FY 2007 FY 2007 FY 2008 REVENUES Charges for services $ 401,168 $ 432,000 $ 455,000 $ 453,800 Interest 1,282 1,200 5,000 5,000 Miscellaneous revenues 39,716 - 2,700 - Transfers in - 35,000 35,000 35,000 TOTAL REVENUES 442,166 468,200 497,700 493,800 EXPENDITURES Wages 181,667 190,900 168,500 190,300 Benefits 46,090 56,400 54,800 58,800 Operating supplies 54,625 55,600 61,600 62,600 Repair and maintenance 45,336 50,000 42,800 53,800 Utilities 19,629 18,000 18,300 19,000 Contract services 14,262 18,100 23,200 23,200 Capital - - - 54,400 Debt service 75,645 75,700 75,700 75,700 TOTAL EXPENDITURES 437,254 464,700 444,900 537,800 EXCESS (DEFICIT) REVENUES OVER EXPENDITURES 4,912 3,500 52,800 (44,000) BEGINNING FUND BALANCE 48,477 1,772 53,389 106,189 Unreserved 53,389 5,272 106,189 62,189 ENDING FUND BALANCE $ 53,389 $ 5,272 $ 106,189 $ 62,189 Exhibit "A" MUNICIPAL TRANSIT FUND STATEMENT OF REVENUES AND EXPENDITURES Exhibit "A" Actual Budget Estimated Budget FY 2006 FY 2007 FY 2007 FY 2008 REVENUES Service charges $ 581,136 $ 675,000 $ 625,000 $ 630,000 Intergovernmental revenues 2,449,496 10,466,900 3,311,800 8,907,000 Interest 4,112 - 7,000 7,000 Miscellaneous revenues 37,731 90,000 - 90,000 Transfers in 2,196,000 1,396,000 1,396,000 1,720,000 TOTAL REVENUES 5,268,475 12,627,900 5,339,800 11,354,000 EXPENDITURES Contract services 4,200,298 3,950,000 4,165,000 4,200,000 Capital outlay 31,042 8,269,000 1,289,300 7,169,000 TOTAL EXPENDITURES 4,231,340 12,219,000 5,454,300 11,369,000 EXCESS (DEFICIT) REVENUES OVER EXPENDITURES 1,037,135 408,900 (114,500) (15,000) BEGINNING FUND BALANCE (670,751) (376,080) 366,384 251,884 Unreserved 366, 384 32,820 251,884 236,884 ENDING FUND BALANCE $ 366,384 $ 32,820 $_ 251,884 $ 236,884 Exhibit "A" SPECIAL REVENUE AND OTHER FUNDS STATEMENT OF REVENUES AND EXPENDITURES Confiscated Goods Municipal Airport Texas Motor Carrier Violations Municipal Court Security Fee Municipal Court Technology Municipal Court Juvenile Case Manager Rita Recovery Library Grants Julie Rogers Theatre Endowment Tyrrell Historical Library Expendable Trust Library Trust Library Endowment Historical Fire Museum TOTAL (1) Unexpendable endowment Balance FY 2008 Balance 10101/07 Revenues Approp. 09/30/08 $ 556,200 $ 250,000 $ 806,200 $ - 4,600 147,400 152,000 - 20,800 38,000 58,800 - 9,900 80,700 90,600 - 403,200 127,800 531,000 - 27,400 60,000 87,400 - 100,300 3,066,000 3,166,300 - - 10,300 10,300 - 116,200 5,000 21,200 100,000 (1) 116,600 5,000 121,600 - 268,700 43,400 312,100 - 144,600 8,000 152,600 - 840,900 30,000 96,000 774,900 (1) - 9,100 9,100 - $ 2,609,400 $ 3,880,700 $ 5,615.200 $ 674,900 Exhibit "A" CAPITAL RESERVE FUND STATEMENT OF REVENUES AND EXPENDITURES Exhibit "A" Budget Actual FY 2007 Estimated Budget FY 2006 (As Amended) FY 2007 FY 2008 REVENUES Fleet rental $ 1,210,300 $ 1,128,400 $ 1,128,400 $ 1,249,300 Interest earnings 85,086 50,000 300,000 200,000 Miscellaneous revenues 72,945 - 3,700 4,800 Transfers in 4,725,000 4,400,000 4,400,000 4,150,000 Proceeds from capital lease 621,623 - - - TOTAL REVENUES 6,714,954 5,578,400 5,832,100 5,604,100 EXPENDITURES Improvements 457,796 3,460,000 317,000 5,215,500 Equipment 535,771 1,696, 700 866,900 1,085, 900 Vehicles 1,877,496 2,302,600 2,211,700 3,436,500 Debt service 837,381 900,600 900,600 752,600 TOTAL EXPENDITURES 3,708,444 8,359,900 4,296,200 10,490,500 EXCESS (DEFICIT) REVENUES OVER EXPENDITURES 3,006,510 (2,781,500) 1,535,900 (4,886,400) BEGINNING FUND BALANCE 1,875,809 4,204,543 4,882,319 6,418,219 Unreserved 4,882,319 1,423,043 6,418,219 1,531,819 ENDING FUND BALANCE $ 4,882,319 $ 1,423,043 $ 6,418,219 $ 1,531 819 Exhibit "A" FLEET MANAGEMENT FUND STATEMENT OF REVENUES AND EXPENDITURES REVENUES User fees Interest earnings Miscellaneous revenues Transfers in TOTALREVENUES EXPENDITURES Wages Benefits Operating supplies Repair and maintenance Utilities Contract services Equipment Transfers out TOTAL EXPENDITURES EXCESS (DEFICIT) REVENUES OVER EXPENDITURES BEGINNING FUND BALANCE Reserved for inventory Unreserved ENDING FUND BALANCE (119,106) 633,458 350,000 164,352 $ 514,352 54,000 513,072 350,000 217,072 567,072 (251, 800) 514,352 261,752 800 262,552 61,000 262,552 322,752 nnn 323.552 Exhibit "A" Budget Actual FY 2007 Estimated Budget FY 2006 (As Amended) FY 2007 FY 2008 $ 6,134,571 5,769,700 6,222,000 6,388,800 4,428 2,000 500 500 2,858 - 800 - - - - 300,000 6,141, 857 5,771,700 6,223,300 6,689,300 1,035,485 1,139,100 1,040,500 1,175, 700 524,719 540,000 525,000 541,400 1,815,730 1,561,300 2,012,700 2,154,600 2,065,825 1,819,700 2,105, 600 1,923,700 56,771 55,400 52,300 52,300 719,426 573,100 714,500 740,400 43,007 29,100 24,500 40,200 6,260,963 5,717,700 6,475,100 6,628,300 (119,106) 633,458 350,000 164,352 $ 514,352 54,000 513,072 350,000 217,072 567,072 (251, 800) 514,352 261,752 800 262,552 61,000 262,552 322,752 nnn 323.552 Exhibit "A" EMPLOYEE BENEFITS FUND STATEMENT OF REVENUES AND EXPENDITURES REVENUES Service charges Employee contributions Interest Miscellaneous revenues Transfers in TOTALREVENUES EXPENDITURES Health Preferred Provider Organization Health Maintenance Organization Health prescriptions Dental Other benefits Total Worker's Compensation Third party administration Claims paid Excessinsurance Safety management Total General Unemployment Short-term disability Total TOTAL EXPENDITURES EXCESS (DEFICIT) REVENUES OVER EXPENDITURES BEGINNING FUND BALANCE Unreserved ENDING FUND BALANCE Actual FY 2006 $ 12,032,829 2,223,407 234,796 9,524 14,500,556 6,195,785 3,885,496 2,012,076 677,565 154,186 12,925,108 61,733 674,852 76,500 162.790 975,875 79,793 312,169 391,962 14,292,945 207,611 3,853,316 4,060,927 $ 4.060.927 Budget FY 2007 $ 12,329,500 2,350,000 175,000 14,854,500 6,435,000 4,600, 000 2,350,000 760,000 191.800 14,336,800 62,400 1,000,000 85,000 169.500 1,316,900 100,000 350,000 450,000 16,103,700 (1,249,200) 4,2564463 3,007,263 $ 3.007.263 Estimated FY 2007 $ 12,329,500 2,395,100 260,000 14,984,600 6,564,000 4,150,000 2,175,000 689,100 160.100 13,738,200 62,400 900,000 85,000 150,000 1,197,400 50,000 500,000 550,000 15,485,600 (501,000) 4,060, 927 3,559,927 $ 3.559.927 Budget FY 2008 $ 13,110,000 2,571,000 250,000 230,000 16,161,000 7,306, 500 4,680, 000 2,350,000 728,000 203.300 15,267,800 65,000 1,000,000 85,000 178.400 1,328,400 100,000 425,000 525,000 17,121,200 (960,200) 3,559,927 2,599,727 $ 21599,727 Exhibit "A" GENERAL LIABILITY FUND STATEMENT OF REVENUES AND EXPENDITURES Exhibit "A" Actual Budget Estimated Budget FY 2006 FY 2007 FY 2007 FY 2008 REVENUES Interest $ 42,721 $ 15,000 $ 55,000 $ 55,000 Transfers in 775,000 775,000 775,000 825,000 TOTAL REVENUES 817,721 790,000 830,000 880,000 EXPENDITURES Professional services 194,804 100,000 25,000 100,000 Claims paid 583,361 700,000 700,000 770,000 Otherinsurance 4,136 4,500 4,200 4,500 TOTAL EXPENDITURES 782,301 804,500 729,200 874,500 EXCESS (DEFICIT) REVENUES OVER EXPENDITURES 35,420 (14,500) 100,800 5,500 BEGINNING FUND BALANCE 964,174 1,044,974 999,594 1,100,394 Reserved for unpaid claims _ _ _ _ Unreserved 999,594 1,030,474 1,100, 394 1,105, 894 ENDING FUND BALANCE $ 999,594 $ 1,030,474 $ 1,100,394 _ 1,105,4 $ 89 Exhibit "A" 2 September 25, 2007 Consider adopting the 2008 Capital Program TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: REQUESTED ACTION: RECOMMENDATION City Council Agenda Item City Council Kyle Hayes, City Manager Max S. Duplant, Chief Financial Officer ; l� September 25, 2007 September 17, 2007 Council considering adopting the 2008 Capital Program. Administration recommends Council adopt the 2008 Capital Program as submitted to Council May 11, 2007 and revised August 14, 2007. BACKGROUND Article VI, Section 20 states that "the Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing and on or before the twenty-seventh (27`h) day of the last month of the current fiscal year." The Capital Program was originally submitted to Council on May 11, 2007. It was revised and submitted to Council on August 14, 2007, and reviewed during a work session on September 4, 2007. A public hearing was also held on September 4, 2007. BUDGETARY IMPACT In the proposed 2008 Capital Program, projects in the design or construction phase total $308,693,000 and include $185,050,000 in Public Works projects, $38,730,000 in General Improvement projects and $84,913,000 in Water and Sewer projects. Projects in the planned phase total $193,234,000 which includes $149,070,000 in Public Works projects, $10,440,000 in General Improvements and $33,724,000 Water and Sewer projects. The total capital program cost for all projects in the design or construction phase and the planned phase is $501,927,000. RESOLUTION NO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the FY 2008 Capital Program is hereby adopted. The Capital Program is substantially in the form attached hereto as Exhibit "A". A public hearing was held September 4, 2007, in the City Council Chambers, City Hall, Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - PUBLIC WORKS PROJECTS FY 2008 - 2012 Deslan or Construction Phase Babe Zaharias Drive Calder - Main to Phelan Cartwright/Corley - Ditch 100d Concord IV - E. Lucas to Hwy. 105 Dowlen - College to Walden Dowien - US 69 N to Delaware Downtown Improvements Neches - College to Laurel Willow and Park - College to North Pearl Street - Calder to North Future Improvements Fannett Road Fannin Street - 4th to 11 th Gulf - Live Oak to Delaware Hayes Gully Illuminated Street Markers Signalized Intersections - 160 Locations Laurel - IH -10 to Office Park Magnolia - Delaware to E. Lucas Main - Calder to Blanchette North Street - ML King to Twenty -Third Old Dowlen - Dowlen to Hwy. 105 Phelan - Major to Keith Regina - Howell to Thomas Rolfe Christopher - US 69 S to Virginia School Sidewalk Program Seventh Street - IH -10 to Laurel Street Rehabilitation Washington - IH -10 to ML King Washington - Langham to Major Wendelin/Keily Total Design or Construction Phase [1] Includes FEMA Funding of $23,665,180 and other potential funding of $1,950,000. The estimated cost to the City is $23,884,820. Estimated Cost 1,420, 000 49,500,000 [1] 1,200,000 [2] 16,000,000 [3] 11,840,000 [4],[5] 10,600,000 [4] 1,500,000 2,470,000 [6] 570,000 2,400,000 630,000 [4] 6,300,000 2,260, 000 2,790,000 [7] 1,000,000 4,700,000 [4] 5,240, 000 6,800,000 7,560,000 6,100,000 [8] 4,800,000 1,600,000 5,500,000 1,000,000 4,200, 000 3,000, 000 16,650,000 6,710,000 [4],[9] 710,000 185,050,000 [2] This is a joint participation project with DD06. The estimated cost to the City is $1,200,000. [3] Includes Federal Highway Administration funding of 80 percent up to $7,375,000. [4] Air Quality issues will not be determined until a later date and could effect project timeline. [5] Includes Federal Highway Administration Funding of $2,764,800. [6J Includes Federal Highway Administration Funding of $512,000 for the section of Willow between North and Crockett. [7] This is a participation project with D096. The estimated cost to the City is $700,200 [8] Includes TxDOT funding up to $4,100,000. [9] Includes Federal Highway Administration Funding of $3,080,000. Recommended Time Schedule FY 2008 - 2009 Exhibit "N' PUBLIC WORKS PROJECTS FY 2008 - 2012 Planned Protects Estimated Cost Avenue A - Washington to U.S. 69 S $ 7,350,000 Caldwood Outfall 5,500,000 College Street - IH -10 to Gofiad 7,690,000 Delaware - Concord to Dowlen 12,100,000 Dowlen - Delaware to Gladys 7,500,000 East Lucas - U.S. 69 N to Pine Street 12,600,000 Eleventh Street - Washington to US 69 15,750,000 Gladys Street - IH -10 to Dowlen 8,400,000 High School Ditch 9,130,000 Madison - Irving to Grove 2,470,000 Magnolia - Laurel to Delaware 7,860,000 Moore Street Relief 5,880,000 North Main Street - Calder to RR Tracks 1,890,000 Phelan - IH -10 to Dowlen 16,380,000 Pine Street - IH -10 to Crockett 3,780,000 Sabine Pass - Emmett to M.L. King 2,810,000 School Sidewalk Program 2,100,000 South Park Relief 7,880,000 Street Rehabilitation 12,000,000 Total Planned Projects $ 149,070,000 Total Public Works Projects $ 334,120,000 Recommended FY 2008 - 2012 Exhibit "A" GENERAL IMPROVEMENT PROJECTS FY 2008 - 2012 Desion or Construction Phase Alice Keith Park Improvements Athletic Complex Improvements Athletic Complex Tennis Center City Hall Improvements Communication Building Detention Facility Hike & Bike Trail Downtown Event Center & Lake Park Downtown Waterway Fire Station Driveway Replacements Fleet Faciltiy Improvements Martin Luther King, Jr. Park Municipal Airport Improvements 911 Operations Center Police Department Property Building Property Acquisition and Site Improvements Riverfront Park Improvements Transportation Operations Shop Tyrrell Historical Library Addition Total Design or Construction Phase Planned Projects EMS Medic Station 2 Fire Station Relocation/Administration Public Health Department Building Senior Center Tyrrell Park Improvements Total Planned Projects Total General Improvement Projects Estimated Cost $ 1,000,000 1,000,000 2,800,000 1,000,000 1,000,000 850,000 7,000,000 5,000,000 200,000 2,000,000 900,000 4,500,000 3,200,000 1,200,000 1,000,000 2,000,000 1,880,000 2,200, 000 $ 38,730,000 $ 450,000 4,590,000 2,500,000 2,300,000 600,000 $ 10,440,000 $ 49,170,000 [11 Improvements to be funded by the Federal Aviation Administration on a 80/20 and 90110 basis. The total commitment of the City is $600,000 [2] Includes insurance and funding from other sources [1j [2j Recommended Time Schedule FY 2008 - 2009 FY 2008-2012 Exhibit "A' WATER AND SEWER PROJECTS FY 2008 - 2012 Desian or Construction Phase Master Plan for Water & Sewer System Water Department Security System Water Projects: 2 MG Elevated Storage Tank on Dishman 36" Transmission Line Ammonia Addition to Loeb Well Automatic Flushing Devices Leak Detection Project Loeb Tank Rehabilitation Water Line Extension on IH -10 (between Brooks & Walden) Water Line and Fire Hydrant Installation/Replacement Water Rights Study Water Treatment Plant Generators Water Treatment Plant - Phase I Water Treatment Plant Improvements - Design Phase II West Tank Rehabilitation Sewer Projects: 54" Central Trunk Rehabilitation 54" West Trunk Outfall - Phase I & II 60" Trunk Line Rehabilitation Degritter - Wastewater Treatment Plant Dredge Ponds 1 and 2 at Wastewater Treatment Plant East Lucas Relief Project Filter Rehabilitation - Wastewater Treatment Plant Florida Avenue & Fanned Road Interceptors Grit Pump Replacement - Wastewater Treatment Plant Lift Station Repairs Primer Lift Station Sanitary Sewer Line Extension on IH -10 (Brooks to Walden) Sanitary Sewer Rehabilitation - Small Mains (Pipe Bursting) Wastewater Treatment Plant Generators Wastewater Treatment Plant Master Plan Wetlands Design & Rehabilitation Estimated Cost 400,000 250,000 3,300,000 7,800,000 250,000 100,000 350,000 230,000 680,000 3,000,000 200,000 3,300,000 5,200,000 1,300,000 150,000 5,500,000 3,800,000 3,390,000 2,700,000 1,200, 000 1,400,000 1,750,000 2,500,000 200,000 900,000 740,000 680,000 6,000,000 2,900,000 600,000 5,900,000 Recommended Time Schedule FY 2008- 2012 Exhibit "A" WATER AND SEWER PROJECTS PY 2008 - 2012 Design or Construction Phase (continued) Estimated Cost Water/Sewer for Street Projects: Calder - Main to Phelan $ 2,080,000 Concord Road - Phase IV - East Lucas to Hwy. 105 1,140,000 Dowlen Road - College to Walden 1,560,000 Dowlen Road - US 69 N to Delaware 910,000 Downtown Improvements: Neches - Laurel to College 210,000 Willow and Park - North to College 700,000 Pearl Street - Calder to North 140,000 Fannin - Fourth to IH -10 453,000 Laurel - IH -10 to Office Park 490,000 Magnolia - Delaware to East Lucas 890,000 Main Street - Calder to Blanchette 840,000 North Street - ML King to Twenty -Third 960,000 Old Dowlen - Dowlen to Hwy. 105 530,000 Pearl Street - College to Calder 410,000 Phelan Blvd. - Major to Keith 800,000 Rolfe Christopher - US 69 S to Virginia 330,000 Seventh Street - IH -10 to Laurel 510,000 Tyrrell Park Road Resurfacing 1,560,000 Washington - IH -10 to ML King 2,000,000 Washington - Langham to Major 1,730,000 Total Design or Construction Phase $ 84,913,000 Recommended Time Schedule FY 2008-2012 Exhibit "A" WATER AND SEWER PROJECTS FY 2008 - 2012 Planned Projects Estimated Cost Lift Station Repairs $ 600,000 Sanitary Sewer Rehabilitation - Small Mains (Pipe Bursting) 4,000,000 Wastewater Treatment Plant Ground Improvements 1,000,000 Water Bottling Plant 1,500,000 Water Line and Fire Hydrant Installation/Replacement 2,000,000 Water Treatment Plant Improvements - Construction Phase II 12,000,000 Water/Sewer for Street Projects Avenue A - Washington To US 69 S 650,000 College Street - IH -10 to Goliad 840,000 Delaware - Concord to Dowlen 2,730,000 Dowlen Road - Delaware to Gladys 630,000 East Lucas - US 69 N to Pine 1,920,000 Eleventh Street - US 69 N to Washington 440,000 Gladys Street - IH -10 to Dowlen 1,280,000 Guff Street - Live Oak to Delaware 424,000 Madison - Irving to Grove 110,000 Magnolia - Laurel to Delaware 1,550,000 North Main Street - Calder to Railroad Tracks 170,000 Phelan Blvd - IH -10 to Dowlen 590,000 Pine Street - IH -10 to Crockett 440,000 Sabine Pass - ML King to Emmett 850,000 Total Planned Projects $ 33,724,000 Total Water and Sewer Projects $ 118,637,000 Recommended Time Schedule FY 2008- 2012 Exhibit "A" September 25, 2007 Consider ratifying the budgeted property tax increase reflected in the FY 2008 Budget City Council Agenda Item ti .. 79ij �]Nc���NL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer, 0j MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 17, 2007 REQUESTED ACTION: Council to ratify the budgeted property tax increase reflected in the FY 2008 Budget. RECOMMENDATION Administration recommends Council take a separate vote to ratify the budgeted property tax increase reflected in the FY 2008 Budget which will raise more total property taxes than last year's budget by $4,169,000 or 13.3% and of that amount $671,683 is tax revenue to be raised from new property added to the tax roll this year. BACKGROUND Section 102 of the Local Government Code was amended and is effective for budgets being adopted after September 1, 2007. Section 102.007 was amended to include the following: "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law." BUDGETARY IMPACT The FY 2008 Budget includes $4,169,000 more in property tax revenues than was included in the FY 2007 Budget. ORDINANCE NO. ENTITLED AN ORDINANCE RATIFYING THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2008 BUDGET. WHEREAS, the proposed FY 2008 budget will raise more total property taxes than last year's budget by $4,169,000 or 13.3%; and, WHEREAS, the adoption of a budget that will raise more revenue from property taxes than in the previous year requires a vote separate from and in addition to the vote to adopt the budget; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the property tax increase reflected in the budget which will raise more total property taxes than last year's budget by $4,169,000 be and the same is hereby, by separate vote, ratified. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - 11 September 25, 2007 Consider accepting the tax roll and establishing the property tax rate for the tax year 2007 (FY 2008) clCity Council Agenda Item .. E .. ij, TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 17, 2007 REQUESTED ACTION: Council consider accepting the tax roll and establishing the property tax rate for the tax year 2007 (FY 2008). RECOMMENDATION Administration recommends that Council accept the Jefferson County Appraisal District's Certified Tax Roll and adopt a property tax rate of $0.654 for the tax year 2007 (FY 2008). The tax rate would be apportioned $0.434 to the General Fund and $0.220 to the Debt Service Fund. This distribution represents a shift of 3.9 cents of the dedicated tax rate from the Debt Service Fund to the General Fund. Section 26.05(b) of the Property Tax Code, mandates the language in the motion to adopt the tax rate if the tax rate exceeds the effective tax rate. The mandated language is shown in bold. "I move that property taxes be increased by the adoption of a tax rate of 65.4 cents." This tax rate reflects a one-half cent decrease from the 2006 tax rate. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth -in -taxation laws in adopting their tax rates. State law requires all taxing units to adopt their tax rates before the later of September 30 or the 601h day after the taxing unit receives the appraisal roll. State law also requires the adoption of the Budget before the tax rate. This same chapter of the Property Tax Code requires the following statements to be included in the City's ordinance setting the tax rate: "This tax rate will raise more taxes for maintenance and operations than last year's tax rate." "The tax rate will raise taxes for maintenance and operations on a $100,000 home by approximately $39.45." Adoption of Tax Rate September 25, 2007 Page 2 In accordance with truth -in -taxation laws, two public hearings were held on September 4, 2007 and September 11, 2007. In addition, all required notices were published in the newspaper, on the City's website, and on the municipal channel. BUDGETARY IMPACT Property tax revenue in the FY 2008 Budget is calculated at the rate of $0.654 per $100 in assessed value. This rate, applied to the certified tax roll of $5,582,328,543 plus minimum values omitted due to protests at a collection rate of 97%, generates approximately $35,413,000 for the General and Debt Service Funds combined. ORDINANCE NO. ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2007; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the Jefferson County Appraisal District has furnished to the City of Beaumont the certified tax roll for the City of Beaumont as of July 30, 2007, to be $5,582,328.543; and, WHEREAS, the City Council finds that the tax roll submitted by the Jefferson County Appraisal District should be accepted and that a tax rate in the amount of $0.654 per each $100 of value for the tax year 2007 (FY 2008) should be established based upon said roll; and WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE; AND WHEREAS, THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $39.45. NOW THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the tax roll submitted to the City Council by the Jefferson County Appraisal District, a summary of which is attached as Exhibit "A", and showing the total net taxable assessed value of all property within the City to be $5,582,328,543 is hereby approved and accepted by the City of Beaumont. Section 2. That there shall be and is hereby levied and shall be assessed and collected for the tax year 2007 (FY 2008), for municipal purposes only, an ad valorem tax rate of $0.654 on each $100 worth of property located within the city limits of the City of Beaumont made taxable by law, which said taxes, when collected, shall be for the purposes hereinafter set forth as follows: General Fund $0.434 Debt Service Fund $0.220 Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - 07/30/2007 14:58 4098409732 PAGE 03 STATE OF TEXAS ) COUNTY OF JEFFERSON ) CERTIFICATION OF 2007 APPRAISAL ROLL FOR City of $eaumont I, Roland R. Bieber, Chief Appraiser for the Jefferson County Appraisal District, solemnly swear that the attached is that portion of the approved Appraisal Roll of the Jefferson County Appraisal District that lists property taxable by and constitutes the appraisal roll for City of Beaumont. July 30.2007 Date oland R. Bieber, RPA Chief Appraiser Jefferson County Appraisal District 2007 APPRAISAL ROLL INFORMATION 2007 Gross Value X6,252,126.821 2007 Gross Taxable Value (Net Appraised) $5.844.8M223 Total Number of Accounts 4.0$2 # of Accounts with Homestead Exemption24..084 # of Accounts with Over -65 Exemption 72a # of Accounts with Disabled Exemption 1.312 # of Accounts with Veterans Exemption 678 # of,A.griculture-Use Accounts 242. # of .Exempt Accounts 482 2007 Taxable Value $5d8_2.328.543 RECEIVED BY: DATE: EXHIBIT "A" N.9 OQis 0 is 4c 6n41 # Q1 Q O OY W i*c i*L h O 6 H 441 zmk o.+'-Q* M 60 0.p•k N n 44 oz�* N n asp w w 0aIC •k `r N* N N i, F• it J 41 41HN.+M M P7MMM M MMM P1MMf,lMt7 MMA A it m k JNH w 01 ?+0+01 rn V•ad' asl�Nww 41 y 4c�Oa Ln NNNN N V'CN NNNt"Lsfp y� , H * w -p OLD1D N mOccco m N N 0 000pp0,p1 ; Y t O * HNd N l MMO m 000 0001001 O is * , Hto 01 WOmO N NNM at O'MNNN k 4c* 49=NOD v eitve w OQW IDLDLDamm tv Q it o0* A Ln N v ,rVVV d' Lf1UYa Vp<', 90 up w* O 41 NW OmOO OD NNN NhN;v LA LA LO , 0 M* Ln is. . . . . . . . . . . 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S0.W4 0. W0 1QQcgu CWwWWWWwW XnolJmNZJ 4v1 JJJ 4041 tn3* in zz m JWtnf 0. NF 1- SF F 1-000 Wxxxxxxxx Q LD►+ Qi..,►r �..0 L1UU coo* W041 WZx QOW0. Q in OmIA WOLAOJJJ WWWWWwwww I-OOOM NOS C xxZ M* F-J41 N,aw x\it J* O � CN.JCL F J62 W Nm 0` F_0 t-�++•n F•N* 4* at W ' W00 O w 2 wO Z* ♦< it Ic 41 VO 3SVd ZEL600860V 85:b1 L00Z/0E/L0 5 September 25, 2007 Consider authorizing the City Manager to execute a new labor agreement with the Beaumont Police Officers Association V0ftW� ••••.. City Council Agenda Item .1m I& TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 21, 2007 REQUESTED ACTION: Council consider authorizing the City Manager to execute a new labor agreement with the Beaumont Police Officers Association RECOMMENDATION The Administration recommends approval. BACKGROUND The existing labor agreement with the Beaumont Police Officers Association expires on September 30, 2007. The City and Association have been negotiating a new agreement since May of this year. The new labor agreement would commence October 1, 2007 and expire on September 30, 2011. The substantive parts of the new agreement include the following: The agreement provides for a 5% wage increase effective October 1, 2007; 5% on October 1, 2008; 5% on October 1, 2009 and 4% on October 1, 2010. Effective January 1, 2008, police officers will contribute the same amount in monthly premiums for medical insurance as civilian employees. Employees with one dependent will pay $140 per month effective January 1, 2008. Employees with two or more dependents will pay $190 per month. Police officers with two or more dependents currently contribute $165 per month for medical insurance. In future years, the City may increase the monthly premium rate for officers by the same percentage increase as for civilian employees not to exceed 12.5% per plan year. For example, if the City increases the monthly premium rate for civilian employees by 5% effective January 1, 2009, the monthly premium rate for officers with two or more dependents would be increased by $9.50 to $199.50. Language has been added in the Duration Article stating the City presently intends to continue the agreement each fiscal year through the end of its term, and to fully perform all of the obligations of the City. It further states "all obligations of the City shall be paid only out of current revenues or any other funds lawfully available therefor and appropriated for such purpose by the City Council, in compliance with the Texas Constitution, Article XI, Sections 5 and 7. A copy of the tentative agreement between the City and Association is attached for your review. New language is in bold print and language that will be deleted in the new contract has been lined through. The new labor agreement is recommended by the City Manager, Police Chief and CFO. BUDGETARYIMPACT Funds are available in the proposed FY 2008 Budget to fund the 5% wage increase effective October 1, 2007. LABOR AGREEMENT BETWEEN THE CITY OF BEAUMONT & THE BEAUMONT POLICE OFFICERS ASSOCIATION OCTOBER i, 2007 [2-0"] -SEPTEMBER 30,201, [2$o7] TABLE OF CONTENTS Article Provision Pa.e 19 PREAMBLE 20 INTENT AND PURPOSE 21 DEFINITIONS 1 RECOGNITION 2 DISCRIMINATION 3 MANAGEMENT RIGHTS 4 MAINTENANCE OF STANDARDS 5 NO STRIKE - NO LOCK -OUT 6 UNION REPRESENTATIVES 7 UNION BUSINESS LEAVE 8 PAYROLL DEDUCTION OF DUES 9 GRIEVANCE PROCEDURE 10 PROBATION AND SENIORITY 11 PROMOTIONS 12 WORKING OUT OF CLASSIFICATION 13 HOURS OF DUTY AND WORK SCHEDULES 14 SHIFT EXCHANGE 15 CLOTHING 16 LEAVE 17 HOLIDAYS 18 WAGES 19 SHIFT DIFFERENTIAL 20 OVERTIME, CALL-BACK AND STAND-BY PAY 21 LONGEVITY PAY 22 INSURANCE 23 GENERAL PROVISIONS 24 CIVIL SERVICE 25 SELECTION 26 COPIES OF AGREEMENT ['2 Q A 17TNTfICIiT7Lj v. ,1c 22 STABILITY OF AGREEMENT 28 POLICE OFFICER'S BILL OF RIGHTS 29 IMPASSE PROCEDURE 3v RETIREMENT 3-11-331 DURATION OF AGREEMENT 332 SAVINGS CLAUSE APPENDIX "A" — SCHEDULE OF WAGES [APPENDIX PPENDIX "B" -PROMOTIONAL 1r X A AIP L'l APPENDIX "B" [° — Ten Hour Shifts J 2 THE STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement is made and entered into by and between the City of Beaumont, a municipal corporation domiciled in the State of Texas, herein referred to as the "Employer," and the Beaumont Police Officers Association (BPOA), hereinafter referred to as the "Union." INTENT AND PURPOSE It is the general purpose of this agreement to promote the mutual interests of the Employer and its employees; to provide for equitable and peaceful adjustment of differences which may arise; to establish proper standards of wages, hours and other conditions of employment which will provide and maintain a sound economic basis for the delivery of public services; and to provide for the operation of the services delivered by the Employer under methods which will further, to the fullest extent possible, economy and efficiency of operation, elimination of waste, realization of maximum quantity and quality of output, cleanliness, protection of property and avoidance of interruptions of service. The parties to this agreement will cooperate fully to secure the advancement and achievement of these purposes. DEFINITIONS For the purposes of this Agreement, the following definitions shall apply: A. "Chief' means the Chief of Police of the Beaumont Police Department or his designee. B. "City" means the City of Beaumont. C. "CLEAT" means the Combined Law Enforcement Associations of Texas. D. "Department" means the Beaumont Police Department. E. "Director" means Director of the Beaumont Fire and Police Civil Service Commission. F. "Employee" means a sworn police officer who is a member of the bargaining unit. G. "Employer" means the City of Beaumont. H. "Officer" means any sworn officer who is a member of the bargaining unit. I. "Union" means the Beaumont Police Officers Association. Pronoun Use Unless otherwise stated, it is understood and mutually agreed that masculine and feminine pronouns refer to, and include, both genders equally. ARTICLE 1 RECOGNITION Section i. The Beaumont Police Officers Association, hereinafter referred to as the "Union," having qualified for exclusive recognition and having been designated by a majority of the employees in the unit as their representative, is hereby recognized by the Employer as the sole and exclusive bargaining agent for the employees in the bargaining unit in matters concerning wages, rates of pay, hours of employment, or conditions of work affecting police officers in the unit. Section 2. It is agreed that the bargaining unit, covered by the terms of this agreement, shall consist of all full time police officers with the exception of the Chief of Police [_ ,.� r ,-.. l ; + , tAs ] of the .`�£z-<`.�caiis��ae�tr�-Iiiczac��zrca � y Department. Recognizing that legislative proposals relating to public employee labor relations may be under consideration at both State and Federal levels, the Employer and the Union agree that membership in the bargaining unit may be adjusted as new legislation may become applicable. Section 3. The Union recognizes the City Manager or his designated representative or representatives as the sole representative or representatives of the Employer for the purpose of collective bargaining. Section 4. The rights of the Union, as sole and exclusive bargaining agent, include sole and exclusive payroll deduction of dues from employees paychecks for Union membership; sole and exclusive access and use of the Union bulletin boards; and sole and exclusive representation rights under the grievance procedure herein. ARTICLE 2 DISCRIMINATION The Employer agrees not to interfere with the rights of police officers to become members of the Union and to maintain such membership. The Employer shall not discriminate against any employee because of his lawful Union activity. The Union agrees that it will not interfere with, coerce or intimidate any employee into joining the Union. The Union recognizes that no employee is required to join the Union, but that each employee has the right to choose of his own free will as to whether or not he will or will not join the Union. The Union further agrees that there will be no interference with the free right of any employee of the Employer to enter and leave its premises and property unmolested and without harassment. It is the mutual obligation of the Employer and the Union to assure that no employee shall be subject to any discrimination because of race, religion, color, sex, or national origin. 4 ARTICLE 3 MANAGEMENT RIGHTS Except as otherwise specifically provided herein, the direction of the work force and the management of the Department, including, but not limited to, the right to hire, the right to discipline or discharge for just cause, the right to decide job qualifications for hiring, the right to lay off for lack of work or funds, the right to abolish positions, the right to make rules and regulations governing conduct and safety, the right to determine the methods, processes and manner of performing work of employees, the determination of policy affecting the selection of new employees, the right to establish work performance measurements and standards and to implement programs to increase the cost effectiveness of departmental operations if research dictates the need for such programs, are vested exclusively in the Employer. Except in situations of emergency, it is agreed and understood that whenever the Employer intends to exercise its contractual managerial prerogatives in a manner which will have impact upon employees covered under this agreement, the Employer shall notify the Union at least thirty (30) calendar days in advance of its intent to change, modify, rescind or institute any new policy or order which affects the employees and take into consideration any written responses made by the Union prior to implementation of any such change and afford the Union an opportunity to confer with the Employer. ARTICLE 4 MAINTENANCE OF STANDARDS Nothing contained in this Agreement shall be construed as repealing any lawful, recognized benefit provided through the Department for employees of the Department, and no employee shall inadvertently suffer any loss of wages, or hours by reason of the signing of this Agreement. ARTICLE 5 NO STRIKE - NO LOCK -OUT Section 1. The Union agrees that, during the term of this Agreement, it will not authorize, ratify, encourage, or otherwise support any strikes, slow -downs, picketing, or any other form of work stoppage or interference with the business of the Employer, and will cooperate with the Employer in preventing and/or halting any such action. Employer agrees that it will not authorize, ratify, encourage, or otherwise support any lockout during the term of this Agreement. Section 2. The Employer may discipline and/or discharge any employee who instigates, participates, or gives leadership to any act or conduct prohibited by Section 1 of this Article. The Employer may also invoke any remedies authorized by Section 174.205, Local Government Code, in the event of any strike, work stoppage, or slow -down. ARTICLE 6 UNION REPRESENTATIVES Section 1. A written list of Union executive officers shall be furnished to the Employer immediately after their designation and the Union shall notify the Employer of any changes. The Union shall designate not more than nine [eight- .] executive officers. The Union officers and the Union President or his designee shall be granted reasonable time off during working hours without loss of pay to investigate and settle grievances, consider and prepare responses to management initiated proposals, participate in arbitration or court actions involving the Union, and represent unit employees in formal disciplinary action proceedings, provided that the officer(s) advise their commanding officer. Permission may be withheld due to emergency operating requirements by the commanding officer, but will not be unreasonably withheld. Section 2_ Union officers, board members, committee members and stewards will be given reasonable time off to attend a reasonable number of Union [beaf-d] meetings held on Employer's premises or within the corporate limits of the City. Section g. Grievance Committee members will be given reasonable time off to attend Grievance Committee meetings. Section 4. Management agrees to allow the Union to have space in any [fhe] police [stati$n] facili for board meetings, grievance committee meetings, other committee meetings and general meetings subject to space availability. The Union shall give the Chief of Police three (3) calendar days written notice of its intent to use any police facility. The Chief of Police may not unreasonably deny such use. Section 5. To enable the Union to expedite the preparation of contract proposals, the Employer agrees to allow the Union President reasonable time off for such purpose and to allow reasonable time off to other members to assist subject to the approval of the Chief. ARTICLE 7 UNION BUSINESS LEAVE Section 1. All employees covered by the terms of this Agreement who are members of the collective bargaining team, not to exceed four (4), shall be allowed time off to negotiate if they are scheduled to work at that time. Section 2. [Three - (o] Elected Union officials shall be allowed to attend the monthly BPOA meeting without loss of pay or benefits if said meeting occurs during the official's regular tour of duty. The Union shall make a reasonable effort to conduct its C7 meetings within three (3) hours. No overtime shall result relating to the officials attending the meeting. Officials may be called back to duty in an emergency. Section 3. Up to three (3) Union officials, shall be granted time off without loss of pay or benefits to attend the semi-annual CLEAT board meeting, for a total aggregate of not to exceed fifteen (15) working days per year. Section 4. Union officials may be granted time off without loss of pay or benefits to attend a reasonable amount of labor orientated training sessions or seminars subject to approval of the Chief. Approval by the Chief shall not be unreasonably withheld. The Union [ter"Tz�ti�] will be responsible for the payment of travel expenses and training fees. ARTICLE 8 PAYROLL DEDUCTION OF DUES Section i. The Employer agrees to deduct, once each month, dues and assessments in an amount certified to be current by the Secretary -Treasurer of the local union from the pay of those employees who individually request, in writing, that such deductions be made. The total amount of deduction shall be remitted, each month, together with the names of the employees from whom dues have been collected, by the Employer to the Secretary - Treasurer of the Union. This authorization shall remain in full force and effect during the term of this Agreement. Section 2. In the interest of harmonious and stable relations between parties, at the time of employment, the Union will inform each new employee that the employee may voluntarily execute an authorization of voluntary salary allotments for the payments of dues, should the employee desire to join the Union. Section 3. The Union shall forward to the Employer a copy of all authorizations or cancellations of voluntary deduction of union dues by employees in the unit. Section 4. Employer agrees no charge will be assessed for deduction of dues from employee pay. Section 5. The Employer agrees to continue said deductions during the term of this Agreement and will do so until a new agreement is put into effect, even if this Agreement expires. Section 6. The Union shall indemnify, defend and hold harmless the Employer from any claim or cause of action brought by any employee resulting from the operation of this Article. Section 7. Unless there are exigent circumstances, payroll checks will be made available on Thursday prior to payday at 4: oo p.m. in the Finance Office to be picked up by the Police Department representative. 7 ARTICLE 9 GRIEVANCE AND DISCIPLINARY APPEALS PROCEDURE Section 1. The purpose of this grievance and disciplinary appeals procedure is to establish effective machinery for the fair, expeditious and orderly adjustment of grievances and disciplinary appeals. A grievance is defined as any dispute involving the interpretation, application or enforcement of a specific clause of this Agreement. [; ] The disciplinary appeals procedure shall include any demotion, suspension or termination for disciplinary purposes of any employee. Employees who are members of the bargaining unit may bring disciplinary appeals, but only the Union and the Employer may bring contract grievances. [(" ri ,,- _nees may be filed by the k -i fl:� the ► I ;-oi=ftny-e itAieyee.-1 Management agrees to allow the Union grievance committee access to a suitable location for grievance committee meetings. Section 2. Disciplinary Appeals [Grie ane s]. In the original written statement and charges and in any hearing conducted under this Agreement, the Chief may not complain of an act that occurred earlier than the 180th calendar day preceding the date the Chief suspends the officer unless the act is discovered after the 160th calendar day following its occurrence, in which case, the Chief has an additional thirty (30) calendar days to suspend the officer. The Chief shall certify the date of his discovery of the act in question to the employee (-Uni-(�n I in writing. o�nt« s1ift11-��k-� {.., rracrcic,-sciice-cac�rrsT�s-c�rr,,�, srcacci=nc�aau� sccrtclari�—r-cc, " days of the date uponwhieh the ernp.lovee knew or- sl-loulff-I known of the eeeE+tv-nee 014. A. [B-.] Any employee who is [aggfieved--bet tee- 4- j demoted, suspended or terminated as a result of a disciplinary action or his attorney [terminal -ion.. shall.] may file a written appeal that includes the basis for the appeal and a request for arbitration. The appeal must also contain a statement denying the truth of the charge as made, a statement taking exception to the legal sufficiency of the charge, a statement alleging that the recommended action does not fit the offense or alleged offense, or a combination of these statements (repoi the nature an'. deia ] with the Chief within fifteen (15) calendar days of the date the employee was served written notice of the disciplinary action [apon IONYR Of the ������rc-�-�-eve-ri;�e--ts�--t#�e---g�ienfie � • � I-f-��f�t---rex-1r � ite �riev�te--:Tl��rll-tae fc"s'r•`s�ur�`, i tv tiit i,aic" ivr,.,"��] M B. [C.] A disciplinary appeal [ ievanee] not filed [1 3 gl t tl matt io �f the TUnion rie - ittee] within the time limit described shall not be considered timely and shall be void. C. [�] The time limitations described herein may be waived by mutual agreement in writing by the aggrieved employee or his attorney and the appropriate management official. [ tit} L if yef= 1 ltial-Hnit-d:te-gfievanee - Gspeeified above to the Union's g itl int# i e-1 ati m t t rog i Ava ref ; tl e �ittee gl all flfltera int�if l i e, mwe i��ts ....lf; i r he opinion7oTf -1-s of the Union vlll not-pepfe� the It f abfee � s Ian -Clic-+*A reit . 41, () ealehhc ar -days' /ut- chic: p!mployee, presen D. [G. II The Chief shall render a written decision regarding grievances of demotion, suspension or termination within seven (7) calendar days of the date said grievance was filed with the Chief. If the grievance remains unresolved, said grievance, if submitted, must be filed with the office of the City Manager. Said grievance must be filed within seven (7) days of the date the Chief rendered or should have rendered a written decision. E. [ H-: j The City Manager shall render a written decision regarding grievances of demotion, suspension or termination within seven (7) calendar days of the date the employee filed said grievance with the City Manager. F. [C. is t f� vanc in tm ,,(Avc The employee [ef mrt ittee] or his attorney [Ats fepresenticitive] may request that the disciplinary action [gfievanee] be submitted to arbitration.at tax gf ie an �febe itted to ad re ` - eih,,z�.�c, 1Rager with dai=s--rf1n� tlf..fi�tc��E� Citi= Maeger€►�#cue s}t�ifi lie G. Any employee who is passed over for promotion may file a written appeal with the Chief of Police within fifteen (i5) calendar days of the date the employee was served written notice of being passed over for promotion The written appeal by the employee may be filed by an attorney of the employee's choice. The Union and the Employer agree that while a "promotional Passover" does not constitute discipline, the procedure for addressing such appeals shall be the same as that of a disciplinary appeal H. The Chief of Police and the employee can enter into a written negotiated agreement regarding discipline with written approval of the City Manager. Section 3. Contract Grievances. A. A grievance involving the interpretation, application or enforcement of a specific clause of this Agreement by one or more employees shall be brought to the attention of the Union grievance committee in writing within thi o calendar days of when the employee knew or should have known of the grievance. The Union may bring a grievance that is an on-going practice by the City which affects the bargaining unit as a whole ("Class Action") within thirty (go) calendar days of when the Union knew or should have known of the grievance. Within thirty (no) calendar days of receipt of the grievance, the grievance committee shall determine if a valid grievance exists If, in the opinion of the grievance committee, no grievance exists or the Union denies the grievance, the grievance committee shall notify the employee If the Union accepts the grievance, the Union shall, within seven (7) calendar days of accepting the grievance, present written notice of the grievance to the Chief of Police for adjustment. It is the intent of the parties to attempt to resolve disputes and grievances over the application, interpretation and enforcement of the Agreement at the lowest level. Nothing herein shall prevent the Union from meeting and conferring with the City Manager, Chief of Police or their designees in an attempt to resolve the alleged grievance before the time limits expire. The Union grievance committee may invite the City Manager, Chief of Police, or their designees to submit for the grievance committee's consideration any evidence that the grievance has been addressed or resolved in a previous grievance or an arbitrator's award eftntig g the off E?i: £��iiE3�'E�£'�I�E'i�� H�x�-ipeeifit--P�z` :tse--of14ii iAgT-E',E:',ment-,,+hull he RgN 'Lin ea e C in -1 �rw of-tl ttr.3 i e er oeeufrcl��s diat gi+t e iism tothe gr-iovan] B. The Chief shall render a written decision to the Union President or his designee within seven (7) calendar days of the date the Union filed said grievance with the Chief. C. If the grievance remains unresolved, the Union [eemmittee] may submit said grievance to the [ c4ie-of-the ] City Manager. Said grievance, if submitted, must be filed within seven (7) calendar days of the date the Chief rendered or should have rendered a written decision. 10 D. The City Manager shall render a written decision within seven (7) calendar days of the date the Union filed said grievance with the City Manager. E. If the grievance remains unresolved, the Union [ ' ' j may request that the grievance be submitted to arbitration. If the Union requests that the grievance be submitted to arbitration, said request must be submitted in writing to [the of tee- fl the City Manager within seven (7) calendar days from the date the City Manager rendered or should have rendered a written decision. F. A grievance and/or a written request for arbitration not filed within the time limitations specified herein shall not be considered timely and shall be void. G. The time limitations described herein may be waived by mutual agreement in writing by the Union or their attorney and the appropriate management official. Section 4. Arbitration. A. Either party may request the Federal Mediation and Conciliation Service (FMCS) or American Arbitration Association (AAA) to provide a list of arbitrators in accordance with its selection rules. Either party shall have the right to reject the list submitted by FMCS or AAA once only or by mutual agreement of the parties. In that event, the FMCS or AAA will be requested to submit another list. The parties shall select an arbitrator from the list. The parties, by mutual agreement, may select to use AAA expedited rules. B. The powers of the arbitrator shall be limited as follows: 1. He shall have no power to add to, subtract from, or modify any of the terms of this Agreement. 2. The arbitrator shall deal only with the disciplinary appeals, promotional passovers or contractual grievance or grievances that occasioned the arbitrator's appointment. C. The decision of the arbitrator, if within the scope of the arbitrator's authority, shall be final and binding upon the parties. D. The Union and the Employer shall equally share the costs and expenses for the arbitrator's services. Either party desiring a transcript of the arbitration hearing shall be responsible for the cost of such transcript. E. Except as otherwise provided for in Article 9 Grievances, with respect to appeals of suspensions, indefinite suspensions, promotional passovers and demotions, the Employer and Union hereby agree that the administrative procedures for arbitration hearings and the respective rights of employees in such proceedings shall be governed by the Texas Local Government Code, Section 143.057• 11 F. The powers and duties of the designated arbitrator or hearing examiner in such proceedings are as prescribed by the Texas Local Government Code, Section 143•057(fl, which shall include, but are not limited to, the right to subpoena witnesses. G. The Union agrees that, on behalf of its members individually and collectively, with the adoption of this grievance procedure herein, the employee hereby relinquishes the right to appeal to the Civil Service Commission and/or appeal the designated arbitrator's final decision to the District Court except as provided by the Texas Local Government Code, Section 143.057(1)• (H) The arbitrator shall be empowered to determine whether an issue is subject to arbitration pursuant to this Agreement. ARTICLE io PROBATION AND SENIORITY Section i. Probation. A. Employees shall be considered to be probationary for a period of twelve (12) consecutive months from the date of commission as a Beaumont police officer. The Chief may extend the probationary period one time for an additional ninety (go) calendar days upon notification in writing to the Union and the employee of the reasons. A probationary period may be extended in excess of ninety (go) calendar days due to extenuating medical circumstances not to exceed one (1) year. B. The Union may accept probationary employees as members at -large, but they are not to be considered as protected by this agreement. The Union may provide advice, or representation, to the probationary employees only as allowed by law. C. During the probationary period, an employee may be disciplined for any reason, without recourse to the grievance procedure. D. Article 1o, Seniority, Section 2, shall not apply to a probationary employee. E. Article 14, Shift Exchange, shall not apply to a probationary employee. F. Duty hours and work schedules of probationary employees maybe altered at any time deemed appropriate by the Chief of Police or his designee. Section 2. Seniority. A. Seniority in grade or rank shall be the determining factor in vacation leave, splitting of vacation, days off, and annual personnel shift assignments. The Employer may make job assignments based on job skills and qualifications. In the event applicants have comparable skills, seniority in grade or rank shall be the determining factor. The Chief shall 12 determine which officers will attend the training schools. Seniority from the date of commission as a Beaumont police officer shall be the determining factor in all layoffs or recalls. B. The Union President (if desired) shall be assigned to the day shift to permit said officer to attend to Union business. This assignment shall at no time adversely affect any other employee with respect to shift and days off. [Slttklno pesft-itm g , l t ll swap a ig then t' j ate t"--(Itffifig the (htfs ti rt 11 1 t1 -of Pfesi "t: tis (. ei! eefs C. For the purpose of this Agreement, seniority shall be considered to be continuous service from the last date of appointment as a commissioned police officer with the Department. Continuous service shall include periods of leave without pay, which have been approved by the Chief and City Manager. D. Layoff and recall shall be pursuant to Section 143.085, Local Government Code. ARTICLE ii PROMOTIONS Section i. Except as provided for in this Article, all written promotional examinations shall be made in accordance with Municipal Civil Service, Chapter 143, Local Government Code. Written promotional examinations shall be given between the ninetieth (90th) and one hundred and twentieth (120th) day of the effective date of the vacancy. [The Br pl br- ��t#re �e ;e c tt 1 tet=l f>et -as c th In Seetion 8-btit f:�rrk tf l e Umployef stipulates its intention to do so when pos-li-H.- +-I,- fo +t £iiaptt t4>:._.:Fr{ani{>tit>tt frex t1r �..:teast:tltit eligi rli 1i ll e e cl as s� : t} as p ,s. ible after the elig bilit . list has been eerti fieri.] Except for review and appeal of promotional examination questions pursuant to Section 143. 034, all other promotional grievances shall be determined by arbitration pursuant to provisions of Article 9 of this Agreement. Section 2. Promotional Examinations. Promotional examinations for Grade II (Sergeants) shall be open to all employees who have held a continuous sworn position with the Department for five (5) years or more (immediately prior to the effective date of the vacancy). For purposes of this paragraph, "continuous " shall include any term of service in an appointed position pursuant to 14.j.014 of the Texas Local Government Code. Promotional examinations for Grade III (Lieutenants) and Grade IV (Captains) shall be open to all employees who have held a continuous position for three (3) years or more (immediately prior to the effective date of the vacancy) in the classification immediately below the classification for which the examination is given. 13 a. All seniority points given for promotions shall be based on continuous service in ��, the Tlep tfn-,,,T u to a maximum of ten to ears of service for grade [;��it�-C��-����z�rr��,a��] p ( ) Y Grade II. b. Seniority points for Grade III and Grade IV promotions shall be up to a maximum of five (5) years of continuous service in grade. The effective date of vacancy shall be the last day of employment by the individual who is leaving the position that will be made vacant. Section 3. Test material for all promotional examinations may include all or any combination of the following: a. Texas Penal Code; b. Texas Code of Criminal Procedures; c. Texas Traffic Laws; d. Texas Family Code; e. Texas Drug Laws; f. Beaumont City ordinances; and g. Rules, regulations and written directives of the Department. Section 4. Test material for Grade II (sergeant), Grade III (lieutenant), and Grade IV (captain) promotional examinations may also include up to four (4) outside sources of reading material chosen by the Civil Service Director. The sources must pertain to the respective duties of the position being sought. Section 5. If more than two (2) outside sources of reading material are selected, reduction of the sources shall be accomplished by limiting the number of chapters from which test questions may be derived to approximately fifty percent (50%) of the total volume of sources. Section 6. An eligibility list established as a result of the examination shall expire one (1) year from the date of the written examination unless the examination is held to be invalid. �who�-tl�°aserlt4..wt'teec�tihti.1=..tl.Ea._C�;il'f�~vietnisslf�]. Section 7. The Chief may appoint from the rank of Grade II with io years or more of seniority as a Grade II, Grade III and Grade IV [staff of the Dep tmeRfl, at the Chief s sole discretion, two (2) positions below the rank of Chief. Those appointed shall serve at the pleasure of the Chief and may be demoted to their previously held civil service rank without cause. In no event shall any demoted appointee cause another employee to be demoted because of their returning to a civil service position. The Employer shall authorize additional staffing positions in order to avoid such "bumping"; however, the Employer may reduce the extra staffing positions later by attrition in order to return to the previous authorized number of positions. [ ee i -If4h E pk)N-ei eh t lc3pt z s es nt,eentei, p ees,Yffw )mfAk* examinations +,,, i` . a� TT TTT it? +1, 11 .—Owing .,1,,11 .11, 14 � O 3tioni teandi i 'fl3 'E' +, 4-1 the Nvfitt.en. r examination, pr leis ._ b examination,fee oints (83) on the wfitten the employee��� fffR ed «. ai S pa's"ll „lr„-ter,.- ha-ving.n.laann+; ,1 oFe +„ +h, t,,,,+1, i,r,t�+1 position shall 1,, eligible to at. t-�-:-1�����--�1rfs.����_.�.,�f3.��f��--�--���fl�l-e--���t�a}��i;�-...4�1-���---�r•���ft�ic�-a�-1--�f���-f-�--���-1- detef nined by an assessme. entef seleetion proeess eonsistingfoll- i. A -,.;++ ise NYil flf jf r 1 c f if � men(A LiF. t,,, -si:t Ae f ttef the exefeise and the ti me 1 ifl w44� we— titermi tiff 2 -A, A,.e fbal exereise shall be +i-niste -assessof s -.-T xis-srh � nsist o rtttfaff-mial neat ii f'i7 f'fl t'?ff'fE'isf'; eii f a f E)�e }laic f',?ff'fE'& iE'followed--4vf 1lE' it3ons fit3ft3-the assessofs . alAf exefe-is ' niaPNI R I iia f1- e lf: to e+-pleyee;-lif -we, _ °. - 3. 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ARTICLE 13 HOURS OF DUTY AND WORK SCHEDULES Section 1. Other than as set forth in this Article, work schedules and hours of work for employees during the term of this Agreement shall be those in effect on the date that this agreement is signed by the parties hereto. The four (4) shifts (9:0o p.m. to 7:3o a.m., 6•0o a.m. 10 4:30 P.M., 11.00 p.m. to 9:�o p.m., 4:00 p.m. to 2::;o a.m. 14"- o (thirty (30) minutes of which is a meal break) for employees assigned to uniform patrol activities. [and] As determined by the Chief, shifts for some or all employees assigned to the Criminal Investigation Division may consist of four (4) 10 hour shifts per week or five (5) 8 hour shifts per week from (8:0o a.m. to 5:00 p.m. (one (1) hour of which is a meal break) [s g The Chief may alter the duty hours and work schedule if the Chief notifies the Union in writing at least forty-five (45) calendar days prior to the proposed change. Duty hours and work schedules may also be altered without the notice requirement by mutual agreement between the Employer and the Union. In the event of an emergency, duty hours and work schedules may be altered at the sole discretion of the Chief. Section 2. The Chief may set a temporary work schedule or change duty hours for sergeants assigned to the uniform patrol division, not to exceed two (2) hours prior to their regularly assigned shift, for such reasons related to shift and report preparation. Section 3. Employees assigned to the below listed specialized units may have flexible schedules and duty hours to accommodate the needs of the community or to accomplish specific tasks related to their assignment. However, employees will not be required to work split shifts. The Employer shall advise employees of this flexibility upon application to said units and employee agreement shall be a condition of acceptance into said units. Employees currently assigned to such units shall be given the opportunity to acknowledge acceptance. The designated specialized units include: Community Oriented Policing, Police - Community Relations, Housing Unit, Auto Theft Task Force, [`' '•' Taeties and 17 Respo s' K-9 Unit, Street Crimes Unit, [Pf:)1-iee +,z-;+� T., 'U if-'-zAI ;] Traffic Unit [: r'otif'---11111; and Narcotics and Vice Unit. If an employee is called out, the city agrees not to reduce his hours for the purposes of avoiding the payment of overtime. Section 4. Employees shall be paid overtime based upon a forty (40) hour workweek in a seven (7) day cycle. This includes officers assigned to work in specialized units. ARTICLE 14 SHIFT' EXCHANGE Section i. No employee will be forced to change shifts on a rotation basis. Section 2. Employees shall have the right to exchange shifts temporarily no more than six (6) times per calendar year when the exchange does not interfere with the operation of the Department, and with permission of their respective commanding officers. Section g. This article is not intended to curtail the right of staff officers to change the shifts of individual employees insofar as it involves matters of individual work performance. Section 4. Recognizing that zone assignments may require the assessment of a number of factors that may vary depending upon the particular zone involved, the Employer maintains the right to make all assignments in accordance with its determination of what is in the best interest of the Department. In making such assignments, consideration shall be given to preferences of employees based upon seniority. Should an employee feel that a misapplication of this provision has occurred, the employee may file an informational complaint with the Union Grievance Committee for review. Should the committee concur with the employee, the union shall forward the complaint to the Chief and the City Manager for their review and information. Section 5. Except in the case of an emergency, or unless operational circumstances require otherwise, job vacancies will be brought to the attention of employees so that those interested in a vacant position may express their interest to the Division Commander who is responsible for selection. Notice of vacant positions will be in the form of a staff memorandum or email to all staff officers. Each staff officer will make a reasonable effort to assure that all eligible employees under his command are aware of the vacancy. Employees who are interested in a vacant position should contact the appropriate Division Commander in writing. Before the vacancy is filled, employees will be allowed a reasonable amount of time to apply. Skills, knowledge, abilities, training, previous experience and seniority shall be considered by the Employer. Although not subject to the grievance procedure, should an employee feel that a misapplication of this provision has occurred, he may file an informational complaint with the Union Grievance Committee for review. Should the committee concur with the employee, the union shall forward the complaint to the Chief and the City Manager for their review and information. 18 ARTICLE 15 CLOTHING Section i. All uniforms, five (5) uniform shirts and five (5) uniform pants, protective clothing or protective devices, hats, jackets, raincoats, and all leather and web gear except holsters and footwear now provided employees shall be furnished without cost to the employees by the Employer. Section 2. If the Employer orders employees to purchase leather and web gear different from what they are wearing as of the execution of this Agreement, the Employer shall reimburse the employee or supply the leather and web gear. Section 3. The Employer shall repair or replace all uniforms and reasonable personal equipment lost or damaged in the line of duty by employees. Section 4. Each plainclothes employee shall receive a clothing allowance of $67 per month. Section 5. Each employee shall receive a clothing maintenance allowance of $25.00 per month. Section 6. Each newly appointed employee may submit a reimbursement request in [the] an amount up to [of] $boo for the purchase of a new protective/ballistic vest. An employee may submit a reimbursement request in [the] an amount up to [] $60o for the purchase of a new protective/ballistic vest if his vest is over five (5) years old. The reimbursement request will be on a form(s) approved by the Chief. After the execution of this Agreement, officers who request reimbursement under this section for the purchase of a new protective/ballistic vest shall be required to wear the vest when on duty and in uniform, unless exempted by the chief. Additionally, in special circumstances that may involve officer safety, the Chief reserves the right to require any reimbursed officers, whether plain -clothed on duty or off duty in uniform, to wear their vest while performing police -related duties. ARTICLE 16 LEAVE Section i. Vacation. A. Full-time regular employees shall accumulate vacation in accordance with the following schedule: Completed Years of Consecutive Service After 1 year After 5 years After 8 years Accumulated Hours Per Pay Period 19 3.08 4.62 5 After 11 years 5.5 After 14 years 6 After 17 years 6.5 After 20 years 7 After 23 years 7.5 After 26 years 8 After 29 years 8.5 After 32 years 9 After 35 years 9.23 B. Employees with nine (9) years or more consecutive service who do not use more than forty (40) hours of sick leave in a calendar year will have eight (8) hours of vacation time added to their normally accrued vacation time. C. In computing the length of time during which an employee may be absent from work for vacation, only those calendar days during which the employee would be required to work if the employee were not on vacation shall be counted as vacation days. D. Any employee with more than one (1) year's service as a commissioned police officer with the Department who is separated from service by reason of resignation, death, retirement, or discharge shall be compensated in cash for all accumulated unused vacation hours at the regular rate of pay at the time of separation. E. Vacation leave begins to accrue upon employment, but may not be used by an employee until that employee has completed one (1) year of service with the Employer. Thereafter, upon proper approval, those accrued hours may be used. F. An employee shall be able to carry over a maximum of one hundred and sixty (160) hours of vacation hours into the next calendar year. G. Any employee who has not used more than forty (40) hours of accrued sick leave in the calendar year will be eligible to sell back unused vacation accrued in the previous year. After the employee has used at least 8o -hours of such vacation leave, the employee may sell back up to 8o -hours of such vacation leave, the employee may sell back 8o -hours of the remaining vacation accrued in the previous year for cash at their current rate of pay. Written notification of the employees' desire to sell vacation must be submitted to payroll on or before June [Jamiaryj 15 of the following year and payment will be made in the first full pay period after October [F f -d 15. Payments made under this provision do not become part of the base wage, nor will such payments be used to calculate any other benefit unless required by law. Section 2. Sick Leave. A. Employees shall accrue ten (10) hours of sick leave for each month of service during the fiscal year. 20 B. Any employee incurring a non -duty sickness or disability shall be eligible to use their accrued sick leave with full pay. C. Each employee shall accumulate sick leave from their first day of employment and shall continue to do so as long as they are employed. D. The Employer shall provide injury leaves of absence with full pay for periods of time commensurate with the nature of injuries received while in line of duty for at least one (1) year. At the expiration of said one (1) year period, the City Council or governing body may extend such injury leave at full pay, reduced pay, or leave without pay. The Employer shall retain its subrogation rights under existing state law. E. In the event that an employee with two (2) or more years of service for any reason leaves the classified service, they shall receive, in a lump sum payment, the full amount of their salary for the period of accumulated sick leave, provided that such payment shall not be based upon more than seven hundred twenty (720) hours of accumulated sick leave. F. An employee who retires may elect to have the compensation associated with accrued vacation and sick leave applied towards payment of the employee's share of costs associated with the employee's retirement health insurance. G. After an employee has accrued the maximum of 72o -hours of sick leave that city would pay out upon termination of employment or retirement, the employee may participate in the sick leave buy-back program. If an employee does not use more than 40 - hours of accrued sick leave in a calendar year, the employee will be eligible to sell back up to 40 -hours of accrued sick leave from the 720 -hour bank for cash at their current rate of pay. Once the employee opts to sell back sick leave, the 72o -hour bank is reduced by the number of hours sold back to the city each calendar year. Sick leave hours accrued after participation in the sick leave buy-back program will be placed in the employee's sick leave bank for hours that are not reimbursable upon termination of employment or retirement. The purpose of this sick leave buy-back section is two -fold: first, to reward employees who do not use more than 4o -hours of accrued sick leave per year; and second, to reduce the city's unfunded liability when an employee terminates employment or retires. Written notification of the employee's desire to sell accrued sick leave must be submitted to payroll on or before January 15 of the following year and payment will be made in the first full pay period after February 15. Payments made under this provision do not become part of the base wage, nor will such payments be used to calculate any other benefit unless required by law. H. The Chief of Police may not discipline an employee for the legitimate use of sick leave without just cause. 21 Section 3. Death in Family Leave. In the event of a death in the immediate family of an employee, the employee shall be granted up to forty (40) work hours off with pay. Immediate family is defined as the spouse and children of the employee, the mother, father, brother, sister, grandmother and grandfather of the employee or those of the employee's spouse, grandchildren of the employee, stepparents, and any domiciliary residing in the residence of the employee. Section 4. Leave Without Pay. With the permission of the Chief, each employee may be allowed a leave of absence without pay, up to eighteen (18) work weeks.. -,t,•'- ° • ] _ r Section 5. Personal Leave. Employees will earn eight (8) hours of personal leave for each calendar quarter of perfect attendance. In reference to personal leave only, use of any sick leave shall constitute non- attendance. The employee may use such leave for any purpose subject to the advance approval of the employee's commanding officer. The employee may not carry across contract or fiscal years more than thirty-two (32) hours. An employee may not accrue more than fifty-six (56) hours of personal leave at any given time. Section 6. Family and Medical Leave Act. The Family and Medical Leave Policy set out in the City of Beaumont Policies and Procedures Manual shall apply to employees in the Department. ARTICLE 17 HOLIDAYS Section 1. The following holidays shall be recognized and observed: New Year's Day Labor Day Good Friday Easter Sunday Thanksgiving Day Day after Thanksgiving Memorial Day Christmas Day Independence Day A "floating" holiday is hereby granted to every employee during the fiscal year; scheduling of time off must be approved by the Chief or the Chiefs designee. Holiday pay is defined as eight (8) hours pay at the employee's hourly rate of pay. 22 Section 2. Any employee who works on a holiday in a regular tour of duty shall be paid a premium rate of twice the employee's regular rate of pay in addition to holiday pay. Section 3. Any employee who is required to work on a holiday not within the employee's regular tour of duty shall be paid at the time and one-half rate for that day in addition to regular pay and in addition to holiday pay. Section 4. If any holiday specified in Article 17, Section 1, of the Agreement is on an employee's regular day off and said employee does not work on said holiday, the employee shall receive eight (8) hours off with pay or eight (8) hours pay in addition to his regular pay. If a holiday specified in Article 17 of the Agreement falls during an employee's vacation, said holiday shall not be charged to said employee's vacation time. Section 5. The Chief may designate which employees are essential and adjust work schedules during holidays to avoid requiring unneeded personnel having to work during a designated holiday. Section 6. The "call back pay" provisions of this Agreement shall not apply to this Article. Section 7. An officer shall not be eligible to receive holiday pay if the officer is on leave without pay or absent without leave. ARTICLE 18 WAGES Section i. Wages and Rates of Pay: The Employer will adopt the wage schedule attached as Appendix "A" based on consecutive years of service. In regard to consecutive years of service, the Employer agrees that benefits, wages, rates of pay or leave accrual currently received by an employee hired or rehired prior to the execution of this agreement shall not be reduced. Section 2. Certification Pay. In addition to the wage rates established by this Agreement, the Employer shall pay premium pay as follows for the following: 1. To the holder of an intermediate certificate issued by the Texas Law Enforcement Commission on standards and education. $50 per month 2. To the holder of an advance certificate (the holder of an advance $loo per month certificate shall not be entitled to the premium pay of $50.00 per month as the holder of an intermediate certificate). 3. To the holder of a master certificate (the holder of a master $150 per month certificate shall not be entitled to the premium pay of $1oo.00 per month as the holder of an advanced certificate). 23 4. Licensed breathalyzer operator in patrol (if the employee is $5o per month engaged as a breathalyzer operator. No more than 3o employees shall be entitled to premium pay as breathalyzer operators and no more than 5 employees, who are not already receiving breathalyzer operator premium pati, are entitled to premium pay as a Drug Recognition Experts(DRE) during the term of this Agreement) 5. Licensed polygraph examiner (if actively engaged during the term $50 per month of this Agreement as a polygraph operator). 6. Any employee qualifying as an expert latent fingerprint witness $40 per month and who is assigned to the identification bureau 7. Field Training Officers and the Field Training Officer (17170) Sergeants assigned to each patrol shift 100 P$75,1 per month 8. Bilingual officer (must pass proficiency certification and re -certify at least every two [2] years) Spanish,Vietnamese, or Sign Language [$2,5 per- m *.] Maximum payment is $5o per month $50 per month .lo Maximum officers for Spanish l.,l 11 llldl Cii [$25 _ of month] 5 Maximum officers for Vietnamese or Sign Language 9. SWAT Team Members $25 per month Educational Incentive. In lieu of receiving certification pay (1, 2, or 3) in Section 2 above, an employee with a bachelor's degree may elect to receive an educational incentive Of 200 t-84001 per month or $250 f-8- o] per month for a post graduate [muter s] degree. Section 3. Supervisory Pay. In addition to the wage rate established by the current labor agreement, the Employer shall pay supervisory pay at a rate of $200 per month to sergeants who are assigned to supervise five (5) or more sworn personnel. Section 4. Supervisory Training Incentive. In addition to the wage rate established by the current labor agreement, the Employer shall pay a one-time bonus of $750 to any sergeant, lieutenant or captain who successfully completed the Law Enforcement Management Institute of Texas (LEMIT), Southern Police Institute (SPI) or FBI National Academy after October 1, 1997• Section 5. Police Specialist Incentive. Grade I officers with three (3) or more years of service with the Department shall be eligible to compete for advancement to Police Specialist. Police Specialist is not a rank or classification under Chapter 143 or this Agreement, but a non -supervisory position within the Grade I classification and rank 24 designed to recognize employees with superior skills, initiative, education, and knowledge of police work. a. The Employer shall follow Chapter 143 only in regard to posting a notice of the written examination and a list of any study materials needed to prepare for the examination. The written examination shall be designed to test the knowledge of Grade I officers in such areas as patrol skills, initiative, criminal laws and procedures, preparing reports and related documents, Department rules and regulations, city ordinances and other job-related areas. This written examination is not a "civil service" examination requiring a civil service certification. The written examination shall be based upon a maximum score of one hundred (loo) points. A passing score will be seventy percent (70%). additiont Re i stf:'clfi c3€ � e i�tal ma nage fl-teflt ex.eipisYR--ffiid--EmJA0Yef-ffifty-tliettial1 a�,ree to i . , nassessops c. Employees in Grade I who are selected to become Police Specialists will receive incentive pay of $200 per month. d. The Chief may select in his discretion any employee who is a Police Specialist to be assigned to or reassigned from the Criminal Investigation Division or Narcotics Division as a criminal investigator. Such assignments as a criminal investigator shall be on a voluntary basis only. Any officer who is designated as a Police Specialist from an eligibility list certified after the execution of this Agreement maybe assigned as a criminal investigator at the discretion of the Chief of Police The Chief shall make a reasonable effort to accommodate Police Specialists who are reassigned from a criminal investigator position back to a patrol position with obtaining the shift and days off they would be eligible for by seniority. Such employees shall not receive Grade II pay. If a vacancv occurs in the Criminal Investigation Division and no Police Specialist applies, the Chief of Police may Select any appl ijng Grade I officer for the position. e. The Chief may remove for just cause the Police Specialist designnation of any employee who is designated a Police Specialist. The employee may grieve the removal pursuant to Article 9 of this Agreement. f. Between October 1, 2007 [`2"I and September 30, 2011 [2-0071, the Employer shall maintain and fill at least thirty-five (35) Police Specialist positions. g. [I f l ..;++ , ] Seniority [a ] points i only n ix „rexamination A4� Ui.]l.iL� Lril-ii will be added for each year of service as a Beaumont police officer up to lo years to the written test score [in *ejzP­,* �' •� ^ �n] to determine a final eligibility score.[i# 1}otl - r t exp{n ine}tic�t :d...ai+- 1 ei E �r a- c�cl t F iii--ikit-iele--i - ] The eligibility list shall expire after 12 months from the date of the written examination, or when exhausted, whichever occurs first. ARTICLE i9 SHIFT DIFFERENTIAL Effective October 1, 2007, shift differential will be paid as follows: ist Watch $.45 per hour 2nd Watch $.00 per hour 3rd Watch $.25 per hour 4th Watch $..m per hour [Employees assigned to Fegulafly c iz l try-c�# r h rt=. .. rt t y wfx eta -.m. 733, o- . Shift differenGal shall net, be paid foF vaeations, siek leave an I b i nj a r -y 1 e ave.4 ARTICLE 20 OVERTIME, CALL-BACK AND STAND-BY PAY Section jL. "Hourly rate of pay" shall be an employee's annual salary divided by 2080 hours. Section 2. Overtime Pay. A. All work performed by an employee in excess of forty (40) hours in any given week shall be deemed overtime and shall be compensated on the basis of time and one-half the employee's regular hourly rate of pay in salary or compensatory time as is now the practice. Excused absences with pay shall be deemed as days worked. All employees shall be allowed to accumulate and accrue up to 240 -hours of compensatory time. B. No schedules, tours of duty or days off shall be changed in order specifically to avoid the payment of overtime. C. If an employee performs police duties on off-duty hours, the employee is entitled to overtime compensation for time actually spent. An employee shall be entitled to insurance coverage that the employee would have had if on duty at the time. In addition, the employee shall be entitled to any reasonable expenses incurred in performing such duty if approved by the Chief. Should the Chief deny the claim, the employee may grieve pursuant to the Grievance Procedure. This section shall not apply to any employee who receives remuneration of any type from any other employer for performing such duties. This section applies only to inadvertent disruptions of an employee's off-duty time. 26 Section 3. Call Back Pay. All employees who are called back to work from off-duty shall be paid at least two (2) hours minimum one and one-half times the basic rate of pay. All hours in excess of two (2) hours shall be paid at one and one-half times the basic rate of pay. Section 4. Stand-by Pay. When an employee is on officially designated stand-by duty and such designation is made at least forty-eight (48) hours prior the commencement of that duty, the employee shall receive one (1) hour of pay (at straight time) for eight (8) hours of duty or any fraction thereof. If the assignment is made within forty-eight (48) hours of the commencement of the duty, the employee shall receive two (2) hours of straight pay for eight (8) hours, or ten (io) hours, respectively, of duty or any fraction thereof. Section 5. Court Time. Any employee not on duty [o 7; or- oil -va^ a'ip Of oil n day -4 fl who attends as a witness or in any other capacity in the performance of their duty in a criminal matter or in a civil matter in any case pending in the District Court, Juvenile Court or in a County Court, or before any Grand Jury proceedings or in conferences with the District Attorney or Assistant District Attorney, or at any pre-trial conference or any other related hearings, or any proceedings by any City, County, Town, State or Federal government or any of the subdivisions or agencies thereof, shall be entitled to two (2) hours minimum overtime compensation at the rate of time and one-half. On those occasions when employees are scheduled to work between the hours of 3:00 p.m. to 7:3o a.m., and they are in Court for eight (8) hours the same day, they may, with the permission of their shift commander, notify the Department that they are waiving their court pay and not going to work their shift. Conversely, they may choose to accept the court pay and report for work. This provision shall not apply to those employees who attend court during their regularly scheduled work hours. Section 6. Evacuation/Disaster Policy. Unless it creates a lesser benefit the Employer shall apply the same policy for evacuation/disaster policy for non - sworn employees to sworn police officers. ARTICLE 21 LONGEVITY PAY In addition to all other monies paid for services rendered, the Employer agrees to pay each employee the sum of Four and No/loo Dollars ($4.00) per month longevity pay for each consecutive year of service in the department up to and including twenty-five (25) years of service. ARTICLE 22 INSURANCE Section i. The Employer shall provide basic life and accidental death and dismemberment insurance to all employees equal to the employee's annual base salary up to a maximum of $50,0oo at no cost to employee. 27 Section 2. Liability Protection. The Employer shall not reduce during the term of this agreement liability protection as is presently afforded employees by the Employer. In the event that employees are not covered by liability protection when driving prisoners' vehicles, the Employer will not require employees to drive such vehicles. Section 3. Medical Plan. A. Employees shall be offered the same medical insurance plan choices as provided to civilian employees except in -network major medical benefits shall not be less than 80/20 and out -of -network major medical benefits shall not be less than 70/30. Contributions to the plan by employees with dependents shall be a monthly premium rate of [-, tq .. n#=fe :i °f�- r ar �..,.._2OO � ;3�3 t o- flt�e3tive teary ;200 ; and effee--vc $`ynuary i,, `L' o7] $i9o.00 effective January,20o8. Effective January 1, 2009, January, 2010 and January 1, 2011, the City may increase the monthly premium rate of officers by the same percentage increase of the monthly premium rate of non -sworn employees in a plan year, not to exceed twelve -and -one-half percent (12.5%) per plan year. For example, if the City increases the monthly premium rate of non -sworn employees by 5% effective January 1, 2009, the monthly premium rate for officers shall be increased by $9.50 to $199.50. At no time will an employee's monthly contribution to the plan exceed that of a civilian employee with the same number of dependents as the employee. Married couples who are both covered by the city insurance and who have no dependents will not be charged any dependent premium. Married couples with one or more dependents shall be charged only one time for the increase. The Employer shall give notice to the Union at least forty-five (45) calendar days in advance of any cost increase in dependent insurance premiums. The Union shall be entitled to examine all documents, records, statistics, and relevant data used by the Employer to determine a rate increase. B. Employees may utilize the prescription drug plan under the same terms and conditions as civilian employees. Section 4. Retiree Medical Insurance Program. A. During the term of this Agreement, Employer will provide medical coverage for employees and their dependents retiring or becoming disabled after April 1, 1984, subject to the provisions of Sections 4(B) through 4(H) hereof inclusive. B. Employer is authorized to receive from each retiree, as a condition of receiving retiree medical coverage, a signed statement acknowledging that both the contribution rate (premium) and hospital/ medical coverages of the retiree insurance may change in the future. 28 C. Retired or disabled employees may participate in the program only if they are eligible for retirement or disability benefits under the Texas Municipal Retirement System (TMRS). Only those individuals who are considered eligible dependents of the disabled/ retired employee at the time of retirement shall be eligible for continued medical coverage. The disabled/ retired employees shall not add or change (except drop a dependent while covered under this medical plan. Any employee who retires or becomes disabled and has a spouse who is employed with the City may become a dependent of the spouse along with other eligible dependents under the Employer's group medical plan. However, the retired or disabled employee shall make application at least thirty-one (31) days prior to the spouse's termination date to the Employer to institute his/her eligibility for retiree coverage. The spouse and eligible dependents will be allowed to become dependents of the retiree in accordance with the provisions of this amendment. Upon retirement, the retiree will be required to complete and sign a "Delayed Participation in Retiree Medical Coverage" form. If a participant's contribution rate status as set out in 4(G) hereof changes, the new rate will be put into effect on the first day of the month following the month in which the contribution rate status change. D. Coverage provided shall be the same as that provided employees. However, if the Employer, the Union and retirees and disabled employees and their dependents agree, alternative medical insurance programs at different rates and at different levels of coverage may be provided. E. Retired or disabled employees and their dependents participating in the plan created herein are required on or before age 65, if eligible, to enroll for both Part A, Hospital Insurance, and Part B, Supplementary Medical Insurance, under the U.S. Government Medicare Program. Upon qualification for the Medicare Program, the participant will be excluded from the program herein established. If a participant is not eligible for Medicare, the participant may continue coverage under this medical plan. Failure to become a subscriber as required herein will result in the participant's immediate exclusion from the program herein established. Eligible dependent children may continue coverage under this medical plan after their parents are no longer eligible in accordance with the definition of dependent as listed in the summary plan document. F. A participant who would otherwise be required to leave the program herein established as provided by 4(E) above may remain on the program if supplemental Medicare insurance without proof of insurability is not available at that time. Such participants must, however, leave the program when such supplemental Medicare insurance for which they are qualified is available. Employer will make its best efforts to obtain and provide information to retirees concerning the availability of such supplemental insurance. The cost of any such supplemental insurance will be paid for by the participant. G. The participant's monthly contribution rate for medical insurance will be as follows: 29 "Single Rate --$150 "Single + 1 dependent --$200 "Family --$250 Those participants who retired between the dates of April 1, 1984 and January 31, 1992, shall pay the rates listed above and shall have no increase in contributions until such time as they leave the plan. H. Those who retired on or after February 1, 1992, may be subject to an annual increase in contribution. The increase will be effected in accordance with the labor agreement. The single rate will be established at 69% of the COBRA rate on January 1st annually. The single + 1 dependent rate will be established at 58% of the COBRA rate and the family rate will be established at 54% of the COBRA rate. Subject to paragraph 4(E) hereof, eligible spouses and dependents may remain on the plan at the above -established rates. Section 5. Dental Insurance. The Employer shall provide dental insurance coverage through the CLEAT Benefit Trust for each employee at a maximum monthly cost of $_15 { "9 1. If the employee elects to add dependents to the dental insurance, the Employer shall pay a maximum monthly cost of 61] for both the employee and eligible dependents. Each employee shall pay any additional cost. The Employer shall deduct the employee's cost from the employee's paycheck. Plan I I of the CLEAT Benefit Trust includes employee and family dental insurance coverage. In addition, the trust plan provides accidental death and dismemberment insurance coverage for the employee and the employee's family, and a blood insurance plan that covers the employee and the employee's family. The trust document and plan benefits will be provided to the Union and the Employer, and to any employee upon request. The Union shall indemnify, defend and hold harmless the Employer from any claim or cause of action brought by any employee or affected family member resulting from the operation of this Section. The Employer shall make payments to the CLEAT Benefit Trust on or before the first day of each month. Section 6. Retirement Health Savings Plan. Employees shall be offered the ICMA's Retirement Health Savings Plan as offered to civilian employees. 30 ARTICLE 23 GENERAL PROVISIONS Section i. Parking. The Employer shall provide, without cost to employees on duty, adequate parking space adjacent to Police Department facilities. Section 2. Bulletin Boards. The Employer agrees to furnish and install one (1) bulletin board on each of the three (3) floors to be affixed in the first floor hallway, uniform squad assembly room, and detective squad room at the police station to be used by the Union for the following notices: A. Union meetings; B. Union elections; C. Reports of Union committees; D. Rulings or policies of international association; E. Recreational and social affairs of Union. The Union agrees that there shall be no other general distribution, or posting, by the Union or its members upon City property, provided, however, the Chief may permit other material not provided for above at the Chiefs discretion to be posted or distributed. The Union agrees to maintain such bulletin boards in a neat and orderly manner. The Association shall be allowed to utilize Department email to disseminate bulletin board information under the same rules and regulations as adopted for bulletin boards. Section 3. Mileage Allowance. Employees required to use their private automobiles for duly authorized Department business shall be compensated at the current Employer rate. If an increase is given to other City employees during the term of this Agreement, the rate stated herein shall be increased accordingly. Section 4. Residency. Residency shall not be a condition of employment for employees; each employee must be a legal resident of the United States and reside within its boundaries. Section 5. Safety Program. In the best interest of the Department and to promote the safety of the employees, patrol cars shall be manned by two (2) officers during periods of high criminal activity and in high crime areas. Whenever one (1) officer units are in use, the Employer will use its best efforts to maintain sufficient staffing to provide for employees' safety. 31 ARTICLE 24 CIVIL SERVICE In the event that any provision of this Agreement conflicts or is inconsistent with any provision of Chapter 143 of the Local Government Code, this Agreement shall prevail notwithstanding any such provision of the Local Government Code. It is understood by the parties hereto that Section 143.013 of the Local Government Code relating to civil service rights of the Chief shall in no way be affected by the terms of this Agreement. ARTICLE 25 SELECTION The Union agrees that the Employer shall have the right to establish selection procedures for Grade I police officers. Modifications in existing selection procedures shall be brought to the attention of the Union ten (10) days prior to implementation. In establishing a selection procedure for Grade I, the Employer shall not be bound by or subject to the provisions of Chapter 143 of the Local Government Code. ARTICLE 26 COPIES OF AGREEMENT The Employer agrees to furnish a co [eopies] of this agreement to the Union President ARTICLE 27 [28] STABILITY OF AGREEMENT No agreement, understanding, alteration or variation of the agreement, terms or provisions herein contained shall bind the parties unless made and executed in writing by the parties hereto. The failure of the Employer or the Union to insist in any one or more instance, upon performance of any of the terms or conditions of this Agreement, shall not be considered as a waiver or relinquishment of the right of the Employer or the Union to future performance of any such term or condition, and the obligations of the Employer and the Union to such future performance shall continue in full force and effect. ARTICLE 28 [-29] POLICE OFFICERS' BILL OF RIGHTS In the event of a complaint filed with Internal Affairs concerning the conduct of an employee, this Bill of Rights shall serve as the basic guideline to offer protection to the employee. Every employee shall be required to cooperate in any investigation regarding complaints of employee misconduct arising from citizen complaints. 32 Section i. Procedures. A. The interrogation shall be conducted at a reasonable hour. B. The interrogation should take place at the Department when possible. C. The employee under interrogation shall be informed of the names of the persons present during interrogation. D. All questions directed to the employee under interrogation shall be asked in an orderly fashion. E. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such necessities and rest periods as reasonably necessary. F. If the employee under interrogation is under arrest, or is likely to be placed under arrest as a result of the interrogation, he shall be informed of his rights prior to the commencement of the interrogation. G. The Chief or the Chief s designee may employ as an investigative aid a polygraph examination from licensed polygraph examiners who are not employed by the Employer nor any public employer. This Agreement shall not preclude the use of polygraph examination results as evidence in a disciplinary proceeding. The Department shall [ '-May elet to] require the complaining citizen to first submit to a polygraph examination before requiring the employee to submit to a polygraph examination. Nothing herein prohibits the Chief from ordering an employee to submit to a polygraph examination where there is no complaining citizen. [ Shot:tkl he -ems Mt:tse-tFi t 1 i -I -P% - _V iI $ Offer e_o tr ti,r {; tis r rir t�riaarr r � r, + +nizrt n —e DepYTnL- Hent i%T1G TY'C—C�-Ci.L4 Tei Citi., 6 IIiFT�7II+..,-VL-CIC i=-C�LC7 LLFd'lCLL Ix1ralk -ot ittatim--lull-x�-seg-�ttl=ism.] This Agreement shall not preclude the admission of such information as evidence in a disciplinary proceeding. H. The Chief or the Chief s designee shall use the polygraph examination in a fair and reasonable manner. I. The refusal of the employee to answer all questions fully and truthfully and to submit reports shall be grounds for disciplinary action. J. An employee may have a Union representative with them as an observer only so long as the representative does not delay or impede the investigation. The observer may not relay any information obtained as a representative to any third person except to a lawyer retained by the employee to represent them in the grievance. Section 2. Disclosure. No employee shall be required or requested to disclose any item of property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any 33 member of his family or household) unless required by law. Nothing in this section shall be construed to prohibit the Chief or the Chiefs designee from requiring that employees submit requests for approval of off-duty employment. Section 3. Rules and Regulations. If the investigation or interrogation of the employee results in any disciplinary action, the Employer shall follow the Department's Rules and Regulations. Effective upon execution of this Agreement and subject to the Records Retention Act, only sustained formal complaints filed after the execution of this Agreement shall be retained by the Employer in the employee's personnel file and Internal Affairs file. ARTICLE =1 ["I IMPASSE PROCEDURE Section 1. In the event that an impasse, as defined in Chapter 174, Local Government Code (herein referred to as the "Act"), is reached in the collective bargaining process after submission of the unresolved issues to mediation under Section 174.151 of the Act, either party to the dispute, after written notice to the other party containing specifications of the issues in dispute, may request appointment of a fact finder as provided herein; provided, however, a party shall not request a fact finding more than once during any fiscal year. Prior to invoking fact finding, the parties shall make every reasonable effort to settle their differences. The request for fact-finding shall be initiated within seven (7) calendar [five {�)] days following the expiration of the sixty (6o) calendar day pre -impasse period or within seven (7) calendar [cA $51] days of any agreed extension thereof. The members of the fact-finding panel shall be appointed in the manner provided in Section 174.154 of the Act for an arbitration panel. Section 2. The parties shall enter into a written agreement specifying the issues to be submitted to fact finding. Each party may submit an unlimited number of issues to the fact finding panel; provided, however, that all economic issues (i.e., those issues involving cost or expense to the Employer) shall be combined into a "total economic package" and shall be submitted as a single issue. Non -economic issues may be submitted separately. Each party shall submit in writing to the fact finders its position on each issue at or prior to the hearing. Section 3. The fact finding panel shall, acting through its chairperson, call a hearing to be held within a reasonable time after appointment of the chair, and shall give the parties at least fifteen (15) calendar days notice in writing of the time and place of such hearing. The hearing shall be informal. After hearing all evidence offered by the parties, the panel shall render a written decision making findings of fact and recommendations as to all matters in dispute. In its written decision, the panel shall state its reasons for its finding of fact and recommendations. In making such findings and recommendations, the panel shall select the final position of one of the parties on each issue presented and shall not attempt to "split the difference." 34 Section 4. In making its findings of fact and recommendations, the panel shall consider only the following: 1. The total compensation, including wages and benefits, and conditions of employment provided by the Employer to members of the bargaining unit. 2. The total compensation and terms and conditions of employment of police officers employed by Texas cities with populations between go,00o and 250,00o according to the 200o Federal decennial census. 3. The rate of increase or decrease in the cost of living for the Houston area determined by the Consumer Price Index for the period beginning with the effective date of the current contract and ending with the most recent published report at the time of the commencement of the hearing. 4. The revenues available to the Employer and the demands upon such revenues. 5. Any current Federal policies or guidelines concerning wages and other compensation. 6. Labor agreements from the Texas cities defined by "2" above. Section 5. The fee and expenses, including stenographic charges, of the neutral fact finder shall be split equally between the Employer and the Union. All other expenses, including copies of transcripts, witness fees, and fees and expenses of the member of the panel appointed by each party, shall be paid by the party incurring the expense. Section 6. The findings and recommendations of the fact finder shall not be made public for fifteen (15) calendar days, unless extended by mutual agreement in writing. Once the findings and recommendations are released to the public, the parties shall have seven (7) calendar days to either accept or reject the findings and recommendations. Section 7. In the event that either parry rejects one or more recommendations of the fact finding panel, the rejected party may request submission of each rejected recommendation to a referendum; provided, however, that neither party may request submission to referendum of more than three (3) non -economic issues. If either party requests a referendum hereunder, it shall be the duty of the City Council to call such referendum at the earliest date permitted by law. The cost to the Employer of conducting the referendum shall be borne on a pro rata basis based on issues by the parry or parties requesting that the issues be submitted to referendum. The City Clerk's determination of the cost of the election shall be conclusive. Each issue shall be submitted separately on the ballot and the voters shall cast their ballots "for" or "against" the position of the party rejecting the fact-finding panel's recommendation. The results of the referendum shall be binding on the parties. The conduct of the election shall be handled in an efficient manner. 35 ARTICLE 30 [ 11 RETIREMENT The Employer agrees not to decrease the matching ratio or any other benefit under the Texas Municipal Retirement System (TMRS) during the term of this Agreement. The Employer agrees to maintain the CPI annuity at no less than seventy percent (70%). t[013 I I AW, :3E34 itio , ARTICLE 31 [] DURATION OF AGREEMENT This Agreement shall be effective upon execution of this Agreement [on Oeteber LN)o4] and shall remain in full force and effect until the 3oth day of September, 2011 [ oo7l. This Agreement shall continue in effect after September 30, 2011 [200 ], until superseded by a new agreement; provided that, unless agreed to in writing by the parties, this Agreement shall not continue in effect after September 30, 2012 [� 008]. The City presently intends to continue this Agreement each fiscal year throu the end of its term, to pay all payments due, and to fully and promptly perform all of the obligations of the City under this Agreement. All obligations of the City shall be paid only out of current revenues or any other funds lawfully available therefor and appropriated for Such purpose by the City Council, in compliance with the Texas Constitution, Article XI, Sections i and 7. ARTICLE 32 SAVINGS CLAUSE Should any provision of the Agreement or anv supplement thereto be held invalid by any court or tribunal of competent jurisdiction, or if compliance with or enforcement of any such provisions of the Agreement and anv supplement thereto should be restrained by any court, all other provisions of the Agreement and any amendment thereto shall remain in force and the parties shall negotiate immediatelv for a satisfactory replacement for any such provision. 36 IN WITNESS WHEREOF, the Beaumont Police Officers Association has caused this Agreement to be signed by its President, by order of its membership, and the City of Beaumont has caused this Agreement to be signed by its City Manager on the day of , 200Z [42W- 4] • BEAUMONT POLICE OFFICERS ASSOCIATION By: President Witness 37 CITY OF BEAUMONT By: City Manager Witness APPENDIX A ARTICLE 18 - SCHEDULE OF WAGES GRADE I - POLICE OFFICER EFFECTIVE YEARS 10/01/07 5% 10/01/08 5% 10/01/09 5% 10/01/10 4 Start to 1 year $3,539 $3,715 $3,901 $4,057 1-2 $3,754 53,941 $4,139 $4,304 2 - 3 $3.873 $4,067 $4,270 $4,441 3-4 53,994 841194 84,404 $4,580 4 - 5 $4,110 54,315 $4,531 84,712 5 - 8 $4,232 $4,443 $4,665 $4,852 8 -lo $4,314 $4,530 54,757 54,947 10-12 $4,443 $4,665 $4,898 $5,094 12-15 $4,532 $4,758 $4,996 $5,196 15-20 $4,671 54,905 $5,150 55,356 20 or more $4,811 $5,052 $5,304 1 $5,516 GRADE II - POLICE SERGEANT 0-5 $5,084 55,338 $5,605 $5,829 5-10 55,360 $5,628 55,910 $6,146 10 or more $5,468 55,742 56,029 $6,270 GRADE III - POLICE LIEUTENANT 0-5 $5,961 S6,259 $6,572 $6,835 5 or more $6,o81 56,385 $6,704 $6,972 GRADE IV - POLICE CAPTAIN o - 5 $6,462 $6,785 $7,124 $7,409 5 or more 56,592 56,921 $7,268 57,558 38 APPENDIX B [C] The Union and the Employer agree at this time that should the Employer adopt ten (1o) hour shifts in the department or in any division of the department that they will amend this agreement and the following will apply: Any employee who is assigned to work a ten-hour shift and is off on sick time shall be charged 10 hours sick time. Any employee who is assigned to work a ten-hour shift and is off on vacation time shall be charged 10 hours vacation time. Holiday pay for employees assigned to work 10 hours shifts is defined as 10 hours pay at the employee's hourly rate of pay. If the employee who is assigned to work a 10 -hour shift takes off or is required to take off on a Holiday that falls on his regular day to work shall receive 10 hours pay. Any employee who is assigned to work a 10 -hour shift and attends a school or any other city business during his regular shift shall be paid for 10 hours. Any disciplinary actions involving suspensions taken against an employee who is assigned to work a 10 -hour shift shall be listed in hours rather days. M Di September 25, 2007 Consider amending Section 28-50, Water Service Rates and Section 28-51, Sanitary Sewer Service Rates of the Code of Ordinances related to increasing water and sewer rates to fund water and sewer operations and recommended capital improvements I EAUMONT.TEXAS TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Max S. Duplant, Chief Financial Officer September 25, 2007 September 19, 2007 REQUESTED ACTION: Council consider an ordinance amending Section 28-50, Water Service Rates and Section 28-51, Sanitary Sewer Service Rates of the Code of Ordinances. The amendment would provide increases in the water and sewer rates to fund water and sewer operations and recommended capital improvements. RECOMMENDATION Administration recommends approval of an increase in the water and sewer rates by eight (8) percent effective November 1, 2007 to raise the necessary funds for water and sewer operations and capital improvements. Current and proposed rates are attached. BACKGROUND The revenues generated by the proposed increase will fund the operations of the Water Utilities Department and the Capital Program for the water and sewer system. Operating costs in the Water Utilities Department are largely impacted by inflation and market demands. A wage increase of 4% is included in the FY 2008 Budget. Many of the capital improvement projects are required to meet State and Federal regulations. The City's infrastructure is aging and many parts of the system are in need of rehabilitation and replacement. Approximately $85 million of water and sewer system improvements are needed to meet these regulations and to rehabilitate the systems and are in the design or construction phase in the 2008 Capital Program. In addition, there are $33.7 million in planned water and sewer system projects in the 2008 Capital Program. BUDGETARY IMPACT The proposed rate increase is projected to increase water and sewer revenues by $2.3 million for Fiscal Year 2008. Water/Sewer Rate Increase October 1, 2007 Minimum Monthly Rates Water Inside City Outside Cit Meter Current Proposed Current Proposed Size/Inches Rate Rate Rate Rate 5/8 $ 7.81 $ 8.43 $ 11.71 $ 12.65 1 8.64 9.33 12.95 13.99 1 1/2 9.47 10.23 14.20 15.34 2 11.82 12.77 17.74 19.16 3 24.03 25.95 36.05 38.93 4 29.13 31.46 43.69 47.19 6 52.50 56.70 78.74 85.04 8 72.21 77.99 108.31 116.97 10 99.38 107.33 149.07 161.00 12 123.89 133.80 185.84 200.71 Usage Rate First 1,000 Gallons Minimum Minimum Minimum Minimum Over 1,000 Gallons $ Per 1,000 Gallons $ 2.64 $ 2.85 $ 3.96 $ 4.28 Sewer Inside City Outside City Meter Current Proposed Current Proposed Size/Inches Rate Rate Rate Rate 5/8 $ 4.98 $ 5.38 $ 7.47 $ 8.07 1 5.07 5.48 7.60 8.21 1 1/2 5.15 5.56 7.72 8.34 2 5.60 6.05 8.39 9.06 3 6.33 6.84 9.49 10.25 4 9.28 10.02 13.93 15.04 6 15.20 16.42 22.79 24.61 8 18.58 20.07 27.88 30.11 10 25.34 27.37 38.01 41.05 12 32.09 34.66 48.13 51.98 Usage Rate First 1,000 Gallons Minimum Minimum Minimum Minimum Over 1,000 Gallons $ Per 1,000 Gallons $ 2.39 $ 2.58 $ 3.59 $ 3.88 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SUBSECTIONS 28-50(a) and 28-51(a), OF THE CODE OF ORDINANCES TO INCREASE WATER AND WASTEWATER RATES EFFECTIVE NOVEMBER 1, 2007; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28, Subsection 28-50(a) of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: 28.50. Water Service Rates. (a) Effective November 1, 2007, as shown below, the following rates per month shall be the rates charged for water service furnished to customers within and outside of the corporate limits of the City except as provided in paragraph (b) of this section. Water/Sewer Rate Increase November 1, 2007 Minimum Monthly Rates WATER Meter Size/Inches Inside City Rate Outside City Rate 5/8 $ 8.43 $ 12.65 1 9.33 13.99 1 1/2 10.23 15.34 2 12.77 19.16 3 25.95 38.93 4 31.46 47.19 6 56.70 85.04 8 77.99 1 116.97 10 107.33 161.00 12 133.80 200.71 Usage rate first 1,000 gallons Minimum Minimum Over 1,000 gallons $ per 1,000 gallons $ 2.85 $ 4.28 Section 2. That Chapter 28, Section 28-51(a) of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: 28-51. Wastewater Service Rates (a) Effective November 1, 2007, in each year as shown below, the following rates per month shall be the rates charged for wastewater services furnished to customers within and outside of the corporate limits of the City where the wastewater produced by such customers is a normal strength wastewater (150 mg/1 Ib) except as provided in paragraph (b) of this section. Water/Sewer Rate Increase November 1, 2007 Minimum Monthly Rates SEWER Meter Size/Inches Inside City Rate Outside City Rate 5/8 $ 5.38 $ 8.07 1 5.48 8.21 1 1/2 5.56 8.34 2 6.05 9.06 3 6.84 10.25 4 10.02 15.04 6 16.42 24.61 8 20.07 30.11 10 27.37 41.05 12 134.66 51.98 Usage rate first 1,000 gallons Minimum Minimum Over 1,000 gallons $ per 1,000 gallons $ 2.58 $ 3.88 Section 4. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - September 25, 2007 Consider amending Sections 28-24.1.(b)(1) and 28-24.1.(b)(2) of the Code of Ordinances related to increasing garbage and trash rates TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: REQUESTED ACTION: RECOMMENDATION City Council Agenda Item City Council Kyle Hayes, City Manager Max S. Duplant, Chief Financial Office I- A % September 25, 2007 September 19, 2007 Council consider amending Ordinance 28-24.1. (b)(1) and 28- 24. L(b)(2) increasing the garbage and trash rates. Administration recommends Council amend Ordinance 28-24.1. (b)(1) and 28-24.1. (b)(2) to increase the garbage and trash rates. The base fee will increase from $13.50 to $14.00. BACKGROUND The revenues generated by the proposed increase will fund the operations of the Solid Waste Fund. Operating costs in this fund are largely impacted by fuel costs. In addition, a wage increase of 4% is included in the FY 2008 Budget. The 50 cent increase in the garbage and trash rates equates to a 3.7% increase in the base fee. The proposed rates follow: SOLID WASTE MANAGEMENT SERVICES CURRENT RATES PROPOSED RATES Garbage and Trash Collection $13.50 $14.00 Litter Removal Fee 0.50 0.50 $14.00 $14.50 The new monthly rate for standard solid waste management services per household will be $14.50. The litter removal service is a function of Code Enforcement in the General Fund. This portion of the service fee will remain the same. Garbage and Trash Rates September 19, 2007 Page 2 The monthly garbage and trash rate for senior citizens, after a ten (10) percent discount, will be $12.60 per household, up from $12.15, resulting in a new monthly rate for services of $13.10. The new rates will be effective November 1, 2007. BUDGETARY IMPACT The increase in the base fee for solid waste management services from $13.50 to $14.00 will generate approximately $200,000 in additional revenues. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28, DIVISION 5, SUBSECTIONS 28-24.1(b)(1) AND (2) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE GARBAGE AND TRASH RATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 28, Division 5, Subsections 28-24.1 (b) (1) and (2) are hereby amended to read as follows: Sec. 28-24.1. Collection and removal charges --Residential service. (b) Garbage and trash rates. No rate adjustment will be made for temporary nonuse of service. Nonpayment of the solid waste management fee shall be sufficient grounds for discontinuance of city water service. The rate for collection outside the city limits shall be one hundred fifty (150) per cent of the rate established for service inside the city limits. No type of service will be offered residences exempted under section 28-20.9(c) or for vacant lots except as provided in section 28-21.12. If a business is located in a part of a residence a solid waste management fee shall be charged for each connection to the city's water system. The following monthly rates shall be collected for solid waste management services. (1) The monthly rate for standard solid waste management services per household unit shall be fourteen dollars and fifty cents ($14.50) and shall consist of the following elements: Garbage and trash collection ... $14.00 Litter removal ... 0.50 The monthly fee for an additional container is two dollars and fifty cents ($2.50) per month. Single-family and owner -occupied residential units will be charged a litter removal fee at a rate of fifty cents ($0.50) per unit. Multifamily dwellings and/or rented properties of two (2) or more units will be charged a litter removal fee at a rate of twenty-five cents ($0.25) per unit. (2) The monthly solid waste management fee for senior citizens shall be thirteen dollars and ten cents ($13.10) and shall consist of the following elements: Senior citizen garbage and trash collection ... $12.60 Litter removal fee ... 0.50 The senior citizen garbage and trash collection fee shall apply to customers residing in single-family residences who are sixty-five (65) years of age or older. To obtain the senior citizen garbage and trash collection rate, eligible persons must file a sworn application on a form provided therefor with the central collections division. The rate shall remain in effect so long as the customer residing in the single-family residence is sixty-five (65) years of age or older. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - September 25, 2007 Consider amending Chapter 30, Zoning Ordinance, by adding Section 30-23.2 to create the Neighborhood Design Overlay District and the regulations that would govern said overlay district TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Tom Warner, Public Works Director September 25, 2007 September 18, 2007 REQUESTED ACTION: Council consider a request for an amendment to Chapter 30, Zoning Ordinance, by adding Section 30-23.2 to create the Neighborhood Design Overlay District and the regulations that would govern said overlay district. RECOMMENDATION The Administration recommends approval of a request for an amendment to Chapter 30, Zoning Ordinance, by adding Section 30-23.2 to create the Neighborhood Design Overlay District and the regulations that would govern said overlay district. BACKGROUND During the summer of this year, staff met several times with the Calder Place 1929 neighborhood. The purpose of these meetings was to address concerns that a number of residents have brought up over infill development and parking in the front yards. More specifically, the residents have noticed that some new development within the neighborhood has not been compatible with the existing homes with regard to setbacks and scale. This issue has become more common as bigger houses are being built in inner -ring suburbs in many cities. At the neighborhood meetings, staff presented a number of alternatives for the residents to consider. These alternatives included addressing setbacks, scale and style only, creating a conservation district or creating an historic district. It was the desire of the neighborhood to initially address the setbacks, scale and parking in the front yard. The Neighborhood Design Overly District will include the 500 - 800 Blocks of I SP St., the 500 - 800 Blocks of 2& St., the 500 - 800 Blocks of 21s` St., the 500 - 800 Blocks of 22nd St., the 500 - 800 Blocks of 23rd St., unknown North, 3925-3997 North and 3920-3990 North_ The overlay district will maintain the underlying zoning while adding additional provisions for controlling size, height and shape. The most significant aspect of this overlay would be the creation of a new type of building setback known as a setback plane. This plane would essentially create a tent that would restrict upper stories of a house from towering over adjacent properties. The tent would have 15' high sides with the top of the tent angled upward at 45 degrees. In addition to the new side and rear yard setback planes, a new type of front yard setback would be established requiring that the front yard would be determined by the average front yard setback of neighboring lots. Parking in the front and side yards would not be allowed on grass or unpaved areas. At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 8:0 to approve a request for an amendment to Chapter 30, Zoning Ordinance, by adding Section 30- 23.2 to create the Neighborhood Design Overlay District and the regulations that would govern said overlay district. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD A NEW SECTION 30-23.2 CREATING THE NEIGHBORHOOD DESIGN OVERLAY DISTRICT AND THE REGULATIONS GOVERNING SAID DISTRICT; 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 30, Section 30, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding a new section 30-23.2 to read as follows: Section 30-23.2 Neighborhood Design Overlay District (a) General Purpose and Description. The purpose of the ND, Neighborhood Design Overlay District, is to provide for the protection, preservation and design compatibility of buildings, sites and areas within the overlay district. More specifically, this district has the following expressed purposes: 1. To encourage neighborhood conservation; 2. To stabilize property values; 3. To prevent the construction of buildings of a size and scale not compatible with the established built character of the district. This district supplements the regulations of the underlying zoning district classification. The zoning map shall reflect the designation of a Neighborhood Design Overlay Designation by the letters "ND" as a suffix to the underlying zoning district classification. (b) Reconciliation with other Ordinances. All City of Beaumont codes, as amended, apply to all Neighborhood Design Districts unless expressly modified by this ordinance. (c) Applicability and Boundaries. This ordinance shall apply to all lands zoned as Neighborhood Design (ND) as described below and as shown on the adopted Zoning Map: Being Lots 1-13, Block 1, Lots 1-13, Block 2, Lots 1-26, Block 3, Lots 1-26, Block 4, Lots 1-26, Block 5, Lots 1-26, Block 6, Lots 1-26, Block 7, Lots 1-26, Block 8, Lots 1-26, Block 9, Lots 1-26, Block 10, Lots 1-14, Block 11, Lots 1-13, Block 12, Lots 2-12, Block 13, Lots 1-10, Block 14, Calder Place Addition, City of Beaumont, Jefferson County, Texas, containing 47.58 acres, more or less. (d) Use Regulations of Neighborhood Design Districts. All previous uses legally permitted by the underlying zoning district receiving Neighborhood Design Designation shall remain so upon adoption of this Ordinance. (e) Definitions. Unless the context clearly indicates otherwise, in this Ordinance: Buildable Area: means the area in which development subject to this Subchapter may occur, and which is defined by the side and rear setback planes required by this Subchapter, together with the area defined by the front, side, and rear yard setbacks and the maximum height limit. 2. Height: in this Subchapter, the height of a building or setback plane shall be measured as follows: Height shall be measured as the vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs. (f) Nonconforming Uses and Structures. Except as otherwise provided in this Ordinance, Section 30-30 of the City of Beaumont Code of Ordinances relating to nonconforming uses and structures, applies to all Neighborhood Design Districts. (g) Review Procedures, Modifications and Appeals. Compliance with the provision of this Subchapter shall be the responsibility of the Planning Manager. Appeals of the provisions of this Subchapter shall be made to the Board of Adjustment as outlined in Section 30-37 of this Zoning Ordinance. (h) Supplemental Regulations. Parking in Front or Side Yards. Within front or side yards, off-street surface parking is not permitted on grassed and non -paved areas. (i) Development Standards for Neighborhood Design Districts. Building Height: Except where these regulations are superseded, the maximum building height for development subject to this Subchapter is thirty-five (35) feet. Section 30-25(c) (Height Limit Exceptions) does not apply to development subject to this Subchapter, except for allowances for belfries, ornamental towers or spires, antennas and flagpoles. Building height shall be measured under the requirements defined in Section 30- 23.2(e)2. 2. Front Yard Setback: (a) Minimum Setback Required: The minimum front yard setback required for development subject to this Subchapter is the average front yard setback, as provided in subsection (b) below. (b) Average Front Yard Setback (i) An average front yard setback is determined based on the setbacks of each principal residential structure that is built within 50 feet of its front lot line. (ii) Except as provided in paragraph (iii), the four structures that are closest to the subject property on the same side of the block shall be used in the calculation of average front yard setback. If there are less than four structures on the same side of the block, the lesser number of structures is used in the calculation. (iii) If there are no structures on the same side of the block, the four structures that are closest to the subject property and across the street are used in the calculation. If there are less than four structures across the street, the lesser number is used in the calculation. See Figure 1. 25 50, A B C D E 50'+ Figure 15, 20' 25' 20' --------- ------- Figure 1: Average Front Yard Setback In this example, the minimum required front setback in the underlying zoning district is 25 feet. However, because of the variety of existing setbacks of buildings on the same block face, new development on lot C may be located with a setback of only 20 feet, which is the average of the setbacks of lots B, D, and E. The building on lot A is not included in the average because it is located more than 50 feet from the property line. 3. Rear Yard Setback: The minimum rear yard setback in a Neighborhood Design district shall be twenty-five (25) feet. 4. Side Yard Setback: The minimum side yard setback in a Neighborhood Design district shall be as follows: (a) For an interior lot the setback shall be five (5) feet for one story buildings and seven and one-half foot (7.5) for multi -story buildings (b) For a corner lot backing up to an abutting side yard: fifteen (15) feet. (c) For a corner lot backing up to an abutting rear yard: ten (10) feet. 5. Setback Planes: This subsection prescribes side and rear setback planes in order to minimize the impact of new development and rear development on adjacent properties. A structure may not extend beyond a setback plane except as authorized by subsection 7. below. The height of a setback plane shall be measured under the requirements defined in Section 30-23.2(e)3. (a) Side Setback Plane: Except as provided in subsection 7 below, an inwardly sloping 45 -degree angle side setback plane begins at a horizontal line fifteen (15) feet directly above the side property line. See Figure 2. Side/Rear Property Line Figure 2: Side and Rear Setback Planes Measured from Side/Rear Property Line In this illustration, the Side or Rear Setback Plane is shown as a lined extending 15 feet above the side or rear property line and then angled inward at a 45° angle. (b) Rear Setback Plane: Except as provided in subsection 7 below, an inwardly sloping forty-five (45) degree angle rear setback plane begins a horizontal line fifteen (15) feet directly above the rear property line. 6. Buildable Area: The buildable area, as defined in Section 30-23.2. (e)1., consists of the smallest area within the front, side, and rear yard setbacks; maximum height limit; and the combined side and rear setback planes. Buildable Area Figure 3: Side Setback Plane Measured from Side Property Line In this illustration, the Side and Rear Setback Planes are shown as lines extending 15 feet above the side and rear property lines and then angled inward at a 45° angle. 7. Exceptions: A structure may not extend beyond a yard setback line or a setback plane, except for: (a) A roof overhang or eave, up to eighteen (18) inches beyond the setback plane; (b) A chimney, vent, antenna, or energy conservation or production equipment or feature not designed for occupancy; and (c) Gable roof and dormer exceptions (See Figure 4): (i.) Side -Gabled Roof Exception: A side -gabled roof structure on each side of the building, with a total horizontal length of not more than eighteen (18) feet on each side of the building, measured along the intersection with the setback plane; (ii.) Dormers Exception: Dormers, with a total horizontal length of not more than fifteen (15) feet on each side of the building, measured along the intersection with the setback plane. Gable Roof Dormer Exception: Exception: Max. 18' lAhAfh Max. 15' Width Figure 4: Gable and Dormer Exception In this illustration, a side -gabled roof may encroach into the setback plane for not more than 18' in width. Also shown are dormers which may encroach into the setback plane not more than a total width of 15'. Section 2. This ordinance shall be and become effective and be in force from and after publication pursuant to the Charter of the City of Beaumont. All applications for building permits in this district filed after the effective date shall be processed in accordance with the provisions of this ordinance. Section 3. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 25th day of September, 2007. - Mayor Becky Ames - PI September 25, 2007 Consider amending Chapter 30, Zoning Ordinance, by amending Section 30-4 (b), amending Section 30-24 (b) Permitted Use Table, and adding Section 30-33 (b) 25, regulations for temporary portable storage containers BEAUMONT, TEXAS rq TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE City Council Agenda Item City Council Kyle Hayes, City Manager Tom Warner, Public Works Director September 25, 2007 September 18, 2007 REQUESTED ACTION: Council consider a request for an amendment to Chapter 30, Zoning Ordinance, by amending Section 30-4 (b), amending Section 30-24 (b) Permitted Use Table, and adding Section 30-33 (b) 25, regulations for temporary portable storage containers. RECOMMENDATION The Administration recommends approval of an amendment to Chapter 30, Zoning Ordinance, by amending Section 30-4 (b), amending Section 30-24 (b) Permitted Use Table, and adding Section 3 0-3 3 (b) 25, regulations for temporary portable storage containers. BACKGROUND In August, 2007, the Planning Commission held a workshop to discuss temporary portable on demand storage units. A temporary portable storage container is not currently defined in the Zoning Ordinance. Given that the Zoning Ordinance does not recognize a distinction between storage containers that are designed for portable use and other accessory storage structures (sheds), portable storage containers are currently regulated in the same manner as sheds. Under current Zoning Ordinance regulations, an accessory storage structure is not permitted within a front yard building setback. Due to the unique nature of portable storage container use, staff believes that it is appropriate to clearly distinguish these uses from other accessory storage uses. Accordingly, staff is proposing new regulations to address the conditional use of temporary portable storage containers on any lot within a residential zoning district. Staff recommends the following amendments to the Zoning Ordinance: Sec. 30-4 (b) 49. TEMPORARY PORTABLE STORAGE CONTAINER: A purpose-built, fully enclosed, box -like container that is designed for the temporary storage of furniture, clothing or other personal or household belongings as part of the process of household renovation or moving or the relocation of household belongings to an offsite commercial storage location. Such containers shall not be used to store solid waste, business inventory, commercial goods or any illegal or hazardous materials, nor shall such containers be used for human or animal occupation. Such containers are uniquely designed for ease of loading to and from a transport vehicle. Sec. 30-24 B, Permitted Use Table ACCESSORY RESIDENTIAL USES SEC 30-24 B PERMITTED USE TABLE ZONING DISTRICT Parldng Special PERMITTED PRIMARY USES Group Cond. SIC A -R R -S RM -M RM-11RCR NC NSC GC -MD GC -MD -2 CBD C -M LI III PUD GROUP AccEs..so>t�#I�stu�arr�F. uses P P P P P P P P _ !P Accessory Building, Structure or Use 714 S P P P S Garage Apartment 1 5 P P P P P P Home occupation 14 S S S S S P S P P Servants or caretakers Quarters 1 6 P P P P P P P P P Private Recreational Facility 8 P P P P P P P P P Swimming Pool 3 P P P P P P P P P Solar Collectors P P P P P P P P IP Temporary Portable Storage Containers 25 Sec. 30-33 (b) 25 Temporary portable storage containers may be located as a temporary structure on property within the City of Beaumont for a period of no more than thirty (30) days. No more than two temporary portable storage containers may be located on a specific piece of property within the city at any one time. Such temporary container shall not be located on a specific property more than two (2) times in any given thirty (30) calendar day period. Such temporary container shall be located no closer than five (5) feet to the property line unless placed on an existing impervious driveway. No container shall be placed on public right-of-way. Such container shall not exceed eight (8) feet in height, eight (8) feet in width or twenty (20) feet in length. No advertising other than the name of the company, its phone number and its website shall appear on the container. It shall be the obligation of the owner or user of such temporary container to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary container. In the event of high winds or other inclement weather conditions in which such structure may become a physical danger to persons or property, the appropriate code enforcement officers may require the immediate removal of such temporary container. In the event of fire, hurricane or natural disaster causing substantial damage to the dwelling structure, the property owner may apply to the Planning Manager for permission to extend the time that a portable on demand storage container may be located as a temporary structure on the property. Extensions shall be for periods of thirty (30) days with no more than two (2) grants of extensions allowed. At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 8:0 to approve an amendment to Chapter 30, Zoning Ordinance, by amending Section 30-4 (b), amending Section 30-24 (b) Permitted Use Table, and adding Section 30-33 (b) 25, regulations for temporary portable storage containers with the conditions that the company's website be permitted on the container and the maximum length of the container shall not exceed 20 feet. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTIONS 30-4(b) AND 30-24(b), PERMITTED USE TABLE, ACCESSORY RESIDENTIAL USES, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, AND ADDING SECTION 30-33(b)25; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 30, Section 30-4(b), of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding the following definition to read as follows: Sec. 30-4. Definitions. (b) Definitions: In the interpretation of this chapter, the following words and terms are to be used and interpreted as defined hereinafter: Temporary Portable Storage Container. A purpose-built, fully enclosed, box -like container that is designed for the temporary storage of furniture, clothing or other personal or household belongings as part of the process of household renovation or moving or the relocation of household belongings to an offsite commercial storage location. Such containers shall not be used to store solid waste, business inventory, commercial goods or any illegal or hazardous materials, nor shall such containers be used for human or animal occupation. Such containers are uniquely designed for ease of loading to and from a transport vehicle. Section 2. THAT Chapter 30, Section 30-24(b) Permitted Use Table (Table Inset), Accessory Residential Uses, of the Code of Ordinances of the City of Beaumont be and the same is hereby to read as follows: Sec. 30-24. Permitted uses. (b) Permitted use table. The permitted uses in each specific zoning district are shown by means of symbols in the permitted use tables on the following pages. The letter "P" in the zoning district column opposite the listed permitted use means the use is permitted as a use of right in that district subject to (1) providing of off-street parking in the amounts required by reference to the "parking group" column, and (2) subject to compliance with all of the requirements specified in the section or sections whose number appears in the "special conditions" column opposite the permitted use. The letter "S" in the zoning district column opposite the permitted use means the use is permitted in that zoning district only after (1) providing off-street parking in the amounts required by reference to the "parking group" column, (2) subject to compliance with all of the requirements specified in the section or sections whose number appears in the "special conditions" column opposite the permitted use and (3) obtaining a specific use permit as set forth in Article III, section 30-26. No primary use shall be permitted in any district other than a use shown in the following tables and no primary use shall be permitted in any district unless the letter "P" or the letter "S" appears opposite the listed permitted use. PERMITTED USE TABLE Section 3. x THAT Chapter 30, Section 30-33, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding Subsection 30-33(b)(25) to read as follows: Sec. 30-33. Special conditions. (b) Special conditions by use. (25) Temporary portable storage containers may be located as a temporary structure on property within the City of Beaumont for a period of no more than thirty (30) days. No more than two temporary portable storage containers may be located on a specific piece of property within the city at any one time. Such temporary container shall not be located on a specific property more than two (2) times in any given thirty (30) calendar day period. Such temporary container shall be located no closer than five (5) feet to the property line unless placed on an existing impervious driveway. No container shall be placed on public right-of- way. Such container shall not exceed eight (8) feet in height, eight (8) feet in width or twenty (20) feet in length. No advertising other than the name of the company, its phone number and its website shall appear on the container. It shall be the obligation of the owner or user of such temporary container to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary container. In the event of high winds or other inclement weather conditions in which such structure may become a physical danger to persons or property, the appropriate code enforcement officers may require the immediate removal of such temporary container. In the event of fire, hurricane or natural disaster causing substantial damage to the dwelling structure, the property owner may apply to the Planning Manager for permission to extend the time that a portable on demand storage container may be located as a temporary structure on the property. Extensions shall be for periods of thirty (30) days with no more than two (2) grants of extensions allowed. Section 4. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 6. That any person who violates any provision of this ordinance shall, upon conviction be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 25th day of September, 2007. - Mayor Becky Ames - 10 September 25, 2007 Consider approving a request for a zone change from GC -MD (General Commercial -Multiple Family Dwelling) to C -M (Commercial -Manufacturing) District for properties located at 715 and 745 Chamberlin OL TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Tom Warner, Public Works Director September 25, 2007 September 18, 2007 REQUESTED ACTION: Council consider a request for a zone change from GC -MD (General Commercial -Multiple Family Dwelling) to C -M (Commercial -Manufacturing) District for properties located at 715 and 745 Chamberlin. RECOMMENDATION The Administration recommends approval of a zone change from GC -MD (General Commercial - Multiple Family Dwelling) to C -M (Commercial -Manufacturing) District for properties located at 715 and 745 Chamberlin. BACKGROUND Robert Peavey, representing PumpTex, Inc., has requested a zone change from GC -MD (General Commercial -Multiple Family Dwelling) District to HI (Heavy Industrial) District or more restrictive district. The properties are located at 715 and745 Chamberlin. Mr. Peavey states that PumpTex purchased 715 Chamberlin in 2001. They have since outgrown that property and have purchased 745 Chamberlin to house the company's future expansion. He is therefore requesting that both properties be rezoned to HI or C -M. This portion of Chamberlin is a mix of uses. CM zoning is immediately to the north and west and HI zoning is to the east. At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 8:0 to approve a request for a a zone change from GC -MD (General Commercial -Multiple Family Dwelling) to C -M (Commercial -Manufacturing) District for properties located at 715 and 745 Chamberlin. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT TO C -M (COMMERCIAL -MANUFACTURING) DISTRICT FOR PROPERTY LOCATED AT 715 AND 745 CHAMBERLIN, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as GC -MD (General Commercial -Multiple Family Dwelling) District to C -M (Commercial -Manufacturing) District for property located at 715 and 745 Chamberlin, being Lot 8 and Lots 9-10, Tract 2, Block 4, Caldwood Acres, City of Beaumont, Jefferson County, Texas, containing 1.60 acres, more or less, as shown on Exhibit 'A" and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - )04-Z: Request for a zone change from GC -MD (General Commercial -Multiple Y Dwelling) District to H1 (Heavy Industrial) District or more restrictive district. ion: 715 and 745 Chamberlin plicant: Pump Tex, Inc. 0 100 200 300 400 Feet I i I I I I Legend ® 1904Z MAITLAND ST U C -M M r D C1 70 a H1 A r Z GC -MD COLLEGE ST v G A.M0 GC. a EXHIBIT "A" 11 September 25, 2007 Consider approving a request for a specific use permit to allow retail merchandise sales in a GC - MD -2 (General Commercial -Multiple Family Dwelling -2) District at 7130 Eastex Freeway TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Tom Warner, Public Works Director September 25, 2007 September 18, 2007 REQUESTED ACTION: Council consider a request for a specific use permit to allow retail merchandise sales in a GC -MD -2 (General Commercial - Multiple Family Dwelling -2) District at 7130 Eastex Freeway. RECOMMENDATION The Administration recommends approval of a specific use permit to allow retail merchandise sales in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 7130 Eastex Freeway subject to the following conditions: 1. No direct access to Concord Road. 2. Provide a vegetative screen along Concord Road. 3. Direct lighting away from Concord Road. BACKGROUND Carl Penland, representing Academy Sports + Outdoors, has requested a specific use permit to allow parking, two driveways and landscaping within a 25' wide strip of GC -MD -2 zoning along the west side of Concord. The property is located at 7130 Eastex Freeway. Academy is constructing a 98,155 sq. ft. store on the subject property. In addition to the store, related parking, dock facilities for receiving merchandise and a storm water detention structure will be constructed. In February, 2000, City Council approved a zone change for the subject property. The property was rezoned to GC -MD with the exception of a 25' wide strip of GC -MD -2 zoning along the west side of Concord. This 25' wide strip was approved to provide protection for the residential properties on the east side of Concord. Nearby property owners stated that Concord Road, north of Highway 105 was not of sufficient width to handle the additional traffic that would be generated by commercial development. In addition, they did not want to look at the back of a commercial building. According to the site plan, two 35' wide driveways onto Concord will be constructed. In addition, a 20'6" wide landscape strip will installed. At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 8:0 to deny a request for a specific use permit to allow retail merchandise sales in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 7130 Eastex Freeway. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW RETAIL MERCHANDISE SALES IN A GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT LOCATED AT 7130 EASTEX FREEWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Academy Sports & Outdoors to allow retail merchandise sales in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District located at 7130 Eastex Freeway, as described in Exhibit "A" and shown on Exhibit "B" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow retail merchandise sales in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District located at 7130 Eastex Freeway, as described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof for all purposes, is hereby granted to Academy Sports & Outdoors, its legal representatives, successors and assigns, subject to the hereinafter described conditions: • No direct access to Concord Road; • Provide a vegetative screen along Concord Road; and 0 Directing lighting away from Concord Road. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - LEGAL DESCRIPTION continued of the Jefferson County Deed Records, the east corner of the residue of said called 1 acre tract, and the most easterly corner hereof; THENCE, South 43 degrees 00 minutes 24 seconds West, a distance of 25.03 feet, leaving the southwest right-of-way line of said Concord Road, to a corner of said 25 -foot zone GC -NM -2 area; THENCE, along a line parallel to and 25 feet southerly of the southwesterly right-of-way line of said CONCORD ROAD, as follows: North 49 degrees 46 minutes 33 seconds West, a distance of 570.03 feet to an angle point; North 50 degrees 22 minutes 17 seconds West, a distance of 288.86 feet to a corner, THENCE, North 32 degrees 03 minutes 50 seconds East, a distance of 25.22 feet, along the northwest line of said 10.604 acre tract, to the POINT OF BEGINNING and containing a computed area of 0.4943 acres (21, 532) square feet of land being in ZONE GC -NM -2. EXHIBIT "A" 05-P: Request for a specific use permit to allow retail merchandise sales in a (General Commercial -Multiple Family Dwelling) District. 7130 Eastex Freeway : Carl Penland 4D �sr F+� F�Ah + 4 �s 447. 10 0 100 200 300 400 Feet I i I I I i HWY 105 k\Legend ® 1905P ROSEDALt UK ; Exhibit "B" EXHIBIT "C” Himal HIMM3111 12 September 25, 2007 Consider approving a request for a specific use permit to allow parking for a restaurant in a GC - MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located on the west side of Warren Street, approximately 467' north of W. Cardinal Drive TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Tom Warner, Public Works Director September 25, 2007 September 18, 2007 REQUESTED ACTION: Council consider a request for a specific use permit to allow parking for a restaurant in a GC -MD -2 (General Commercial - Multiple Family Dwelling -2) District for property located on the west side of Warren Street, approximately 467' north of W. Cardinal Drive. RECOMMENDATION The Administration recommends approval of a specific use permit to allow parking for a restaurant in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located on the west side of Warren Street, approximately 467north of W. Cardinal Drive. BACKGROUND Lionel Arsement has requested a specific use permit to allow parking for the Rockin' A Restaurant at 3520 W. Cardinal Drive. In August, 2007, City Council approved a zone change from RM -H (Residential Multiple Family Dwelling -Highest Density) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District. The proposed use of the property is for parking for the restaurant. Mr. Arsement is expanding his business to include an additional 11,900 sq. ft. of open and enclosed structures. At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 7:0 to approve a request for a specific use permit to allow parking for a restaurant in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located on the west side of Warren Street, approximately 467' north of W. Cardinal Drive. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW PARKING FOR A RESTAURANT IN A GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING -2) DISTRICT FOR PROPERTY LOCATED ON THE WEST SIDE OF WARREN STREET, APPROXIMATELY 467' NORTH OF W. CARDINAL DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Lionel Arsement to allow parking for a restaurant in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located on the west side of Warren Street, approximately 467' north of W. Cardinal Drive, as described in Exhibit "A" and shown on Exhibit "B" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow parking for a restaurant in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located on the west side of Warren Street, approximately 467' north of W. Cardinal Drive, as described in Exhibit "A" and shown on Exhibit "B," attached hereto and made a part hereof for all purposes, is hereby granted to Lionel Arsement, his legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 1.6 acre portion of Block 20, M.C. Cartwright Addition, beginning at said tract's southeast corner which is located approximately 467.56 feet north of the northwest corner of the intersection of Warren Street and W. Cardinal Drive, thence in a westerly direction for a distance of approximately 323 feet to said tract's southwest corner, thence in a northerly direction for a distance of approximately 205.28 feet to said tract's northwest corner, thence in an easterly direction for a distance of approximately 323 feet to said tract's northeast corner, thence in a southerly direction for a distance of approximately 205.56 feet to the point of beginning, City of Beaumont, Jefferson County, Texas, containing 1.6 acres, more or less. EXHIBIT "A" 109-P: Request for a specific use permit to allow parking for a restaurant in a G( (General Commercial -Multiple Family Dwelling -2) District. on: West side of Warren Street, approximately 467' north of W. Cardinal Drive Lionel Arsement ARD1NqI- pR W Was 0 100 200 Feet I i I I WORCESTER ST I Legend a X W rn z ca -{ Exhibit "B" GC -MD NAM SC: I I' = 30' 5YM6OL CHART A 1)(15TNG RTTCHEN / DINING ROOM / ENR 9rx5TING CONERENCE ROOM C ER15TING HALL D CA5TING WL E EX15nNG COVERED AREA, P- NM'ADO!noN G NEW RE5TROOM5 (MEN / WOMEN) NEW COV. AREA OOAR TREES (C A55'A-) ® 25'-0' APART ® CREPE MYRTLE (C:A55 V) GREEN AREA C= 'JGUVRUM JAPONICA SHRUBS G'-0- MGI'. WOOD FENCE -'^- CNA,4 UNR EENCE UGHT5 GENERAL NOTE i DSCAMNG SPRINKLER 515TEM-A5 51 CITY OP 9EAUMONT, TOMS REGULADONS TER49 NUR_ ERYMAN5 MANUAL ( SEC. 30-31 ) LANDSCAPNG, 5CRMS GREQUIREMMTS SEC. 30-3. PLANNING DIV1510N.� PARKING SPACES 259 PUBLIC PARKING SPACES 15 EMPLOYEE SPACES 9 HANDICAP SPACES 283 TOTAL SPACES 323.00' EXHIBIT ILC" Ix September 25, 2007 Consider approving a request for a specific use permit to allow a middle/high school in a GC -MD (General Commercial -Multiple Family Dwelling) District at 1050 Broadway City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 18, 2007 REQUESTED ACTION: Council consider a request for a specific use permit to allow a middle/high school in a GC -MD (General Commercial - Multiple Family Dwelling) District at 1050 Broadway. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a middle/high school in a GC -MD (General Commercial -Multiple Family Dwelling) District at 1050 Broadway. BACKGROUND Debra Sias, Ph.D., has requested a specific use permit to allow a Christian -based middle/high school in a GC -MD (General Commercial -Multiple Family Dwelling) District. The property is located at 1050 Broadway. Dr. Sias states that the grades served will be 6 - 12. Regular classes will run from 8 a.m.-3:30 p.m. Extended classes will finish at 5:00 p.m. The approximate number of students will be 50. Staff will include three teachers and three aides. Much of the teaching will be through video instruction. Dr. Sias says that the curriculum will be based on the A Beka system. The school will consist of an existing 8,000 sq. ft. building and related parking. 35 parking spaces are in a lot immediately adjacent to the school building. Another 62 parking spaces are located in a lot across Broadway. At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 7:0 to approve a request for a specific use permit to allow a middle/high school in a GC -MD (General Commercial - Multiple Family Dwelling) District at 1050 Broadway. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MIDDLE/HIGH SCHOOL IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 1050 BROADWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Debra Sias, Ph.D., to allow a middle/high school in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 1050 Broadway, being Lots 9-12, Block 6 and Lots 6-8, Block 17, Calder Addition, City of Beaumont, Jefferson County, Texas, containing 1.12 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a middle/high school in a GC -MD (General Commercial - Multiple Family Dwelling) District located at 1050 Broadway, being Lots 9-12, Block 6 and Lots 6-8, Block 17, CalderAddition, City of Beaumont, Jefferson County, Texas, containing 1.12 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby granted to Debra Sias, Ph.D., her legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - e 1908-P: Request for a specific use permit to allow a school in a GC -MD (General mmercial-Multiple Family Dwelling) District. cation: 1050 Broadway plicant: Debta Sias, PhD GC -M O 70 70 M Cn -4 CO 4 100 200 Feet I i I I CALDER AVE BROADWAY ST Legend •0:- LIBERTY AVE XHIBIT "All 3 a G) z O r a M n4-4 44 I a 'L Jo 41 N)TIG -? '9 9 L SIM 9 MDOIS '21 v 'IT '01 6 3101 ONI.k2M!-IS -2 DNTHaaNJD.N(H IsfivIl TOLLI SVX3,L 1NOK,1VZF1 .o; scJ Biu c3s:ae AVACIMIE 090T � 6f-01 CHM.-iskavC.M., 109 /vLTv i% n4-4 44 I Exhibit "B" Z; 7 Exhibit "B" September 25, 2007 Consider approving a request for a specific use permit to allow a mini -warehouse self -storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located approximately 425' west of the northwest corner of College and 23' Street City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 18, 2007 REQUESTED ACTION: Council consider a request for a specific use permit to allow a mini -warehouse self -storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located approximately 425' west of the northwest corner of College and 23`d Street. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a mini -warehouse self - storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located approximately 425' west of the northwest corner of College and 23`d Street, subject to the following conditions: 1. Aisle width must meet city requirements. 2. A 6' wide landscape strip along the parking lot frontage must be installed. BACKGROUND John Holm, representing Fittz & Shipman, Inc., has requested a specific use permit to allow a mini - warehouse self -storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District. The property is located approximately 425' west of the northwest corner of College and 23`d Street. The mini -warehouse facility will consist of a 60,000 sq. ft. building and related parking. The proposed use is similar to other uses in the area. Surrounding properties are all commercial and/or industrial. At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 7:0 to approve a request for a specific use permit to allow a mini -warehouse self -storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located approximately 425' west of the northwest corner of College and 23rd Street, subject to the following conditions: Aisle width must meet city requirements. A 6' wide landscape strip along the parking lot frontage must be installed. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MINI -WAREHOUSE SELF -STORAGE FACILITY IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) FOR PROPERTY LOCATED APPROXIMATELY 425' WEST OF THE NORTHWEST CORNER OF COLLEGE AND 23RD STREETS, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to American Builders to allow a mini -warehouse self -storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) located approximately 425' west of the northwest corner of College and 23dStreets, as described in Exhibit "A" and shown on Exhibit "B" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a mini -warehouse self -storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District located approximately 425' west of the northwest corner of College and 23 d Streets, as described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof for all purposes, is hereby granted to American Builders, its legal representatives, successors and assigns, subject to the hereinafter described conditions: 0 Aisle width must meet City requirements; and • A 6' wide landscape strip along the parking lot frontage must be installed. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES That certain 2.626 acre tract out of the David Brown Survey, Abstract 5, Jefferson County, Texas, and begin out of that called 19.28 acre tract conveyed to Toccoa, Ltd. as recorded in Clerks File No. 2004043569 of the Official Public Records of Jefferson County, Texas, said 2.626 acres being more particularly described by metes and bounds as follows: Basis of Bearings is the west line of the said 19.28 acre tract having been called North 00° 04' 00"East. BEGINNING at a 1/2" capped iron rod found in the north right-of-way line of College Street for the southeast corner of a tract conveyed to Murphy 1992 Trust as recorded in Clerks File No. 9817429 of the Official Public Records of Real Property of Jefferson County, Texas and the southwest corner of the said 19.28 and 2.626 acre tracts; THENCE North 00° 04' 00" East along the east line of the said Murphy 1992 Trust tract and the west line of the said 19.28 and 2.626 acre tracts a distance of 404.64 feet (called North 00:::i' 00"East) to a point for the northwest corner of the said 2.626 acre tract from which 1/2" capped iron rod set in the south line of the Fannin Street Ditch for the northwest corner of the said 19.28 acre tract bears North 00° 04' 00" 847.46 feet (called North 00° 04' 00"East); THENCE South 89° 40' 10" East along the north line of the said 2.626 acre tract a distance of 479.99 feet to a point for the northeast corner of the said 2.626 acre tract; THENCE South 00'19'50" West along the east line of the said 2.626 acre tract a distance of 67.02 feet to a 1/2" capped iron rod set in the north line of a called 3.27 acre tract (the Penske Tract), a plat recorded in the File #2005008064 of the Official Public Records of Jefferson County, Texas for an exterior corner of the said 2.626 acre tract from which a 1/2" capped iron rod set for the northeast corner of the said 3.27 acre tract bears South 89°58'00" East 195.08 feet (called South 89° 58' 00" East); THENCE North 89° 58' 00"West along the said north line of the 3.27 acre tract and an interior line of the said 2.626 acre tract a distance of 229.53 feet (called North 89° 58' 00" West) to a 1/2" capped iron rod set for the northwest corner of the said 3.27 acre tract and an interior corner of the said 2.626 acre tract; THENCE South 00° 14'50" West along the west line of the said 3.27 acre tract and an interior corner of the said 2.626 acre tract a distance of 335.16 feet (called South 000 14' 50" West 335.16 feet) to a 1/2" capped iron rod set in the said north right-of-way line of College Street and the south line of the said 19.28 acre tract for the southwest corner of the said 3.27 acre tract and the southeast corner of the said 2.626 acre tract from which a 1/2" capped iron rod set at the intersection of the west right-of-way line of S. 23rd Street and the north right-of-way line College Street for the southeast corner of the said 19.28 and 3.27 acre tracts bears South 89° 58' 00" East 424.60 feet (called South 8911 58' 00" East); EXHIBIT "A" LEGAL DESCRIPTION continued THENCE North 89° 58'00" West along the said north right-of-way line of College Street and the south line of the said 19.28 and 2.626 acre tracts a distance of 224.10 feet (called North 89° 58'00" West) to the POINT OF BEGINNING and containing 2.626 acres of land more or less. e 1907-P: Request for a specific use permit to allow a mini -warehouse self -storage facil a GC -MD (General Commercial -Multiple Family Dwelling) District. c .tion: Approximately 425' west of the northwest corner of College and 23d Street iplicant: Fittz & Shipman, Inc. 0 100 200 Feet I i I I Legend ® 1907P N W N N COLLEGE ST Exhibit "B" { Br�yny NI EIN tI. g U f _COLLEGE ^STREET EXHIBIT `tC" SELF STORAGE 14 N 8 ry r 9XALT 35 ,. r 5 M1 • EE i asn.uo 6lCt�K • ... ' .itXce ... A2ty0 ..urc'.. •.. •{ tAAwWnt. •' . • c 1 el .' I •� i' •fyl A y •1 .. • � •' '.., .... . o' .1', eat. ,'. { Br�yny NI EIN tI. g U f _COLLEGE ^STREET EXHIBIT `tC" SELF STORAGE 14 N 8 ry r 9XALT 35 ,. r 5 M1 •.. dAwuac • v_z .' • � •' '.., .... . o' eat. ,'. $ ' •Ill . ENTIRE SITE PLAN N , " I Fittz&Shiprnan tuc { Br�yny NI EIN tI. g U f _COLLEGE ^STREET EXHIBIT `tC" SELF STORAGE 14 N 15 September 25, 2007 Consider approving a request for a specific use permit to allow a beauty shop in an RCR (Residential Conservation and Revitalization) District at 2390 Broadway E MONT ,TEXASS TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Tom Warner, Public Works Director September 25, 2007 September 18, 2007 REQUESTED ACTION: Council consider a request for a specific use permit to allow a beauty shop in an RCR (Residential Conservation and Revitalization) District at 2390 Broadway. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a beauty shop in an RCR (Residential Conservation and Revitalization) District at 2390 Broadway. BACKGROUND Judith Rich has applied for a specific use permit to allow a beauty shop in an RCR (Residential Conservation and Revitalization) District. The property is located at 2390 Broadway. In October, 2001, City Council approved a specific use permit to allow three apartment units on the subject property. At that time, the specific use permit was approved with parking in the rear yard. Ms. Rich, a licensed beautician, would now like to convert the rear first floor apartment into a three chair beauty shop. The beauty shop will be open from 9 a.m. - 7 p.m., Tuesday - Saturday. Two of the apartments, with access on Broadway, will remain. Parking for the apartments is provided at the front and side of the property. At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 6:0 to approve a request for a specific use permit to allow a beauty shop in an RCR (Residential Conservation and Revitalization) District at 2390 Broadway. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BEAUTY SHOP IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2390 BROADWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Judith Rich to allow a beauty shop in an RCR (Residential Conservation and Revitalization) District located at 2390 Broadway, being Lots 15-16, Block 22, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.306 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a beauty shop in an RCR (Residential Conservation and Revitalization) District located at 2390 Broadway, being Lots 15-16, Block 22, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.306 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby granted to Judith Rich, her legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - N Request for a specific use permit to allow a beauty shop in an RCR al Conservation and Revitalization) District. 2390 Broadway plicant: Judith Rich 0 100 200 Feet I i I I Legend G EC— 1906P CALDER AVE C- G -M R R ,n RC t BROADWAY ST t:,&NlblI "A" ,,g,, I!q!4x3 Qj CL AYM-3AIHG rL; o , L ino IJI. --f 16 September 25, 2007 Consider approving a request to rename Pipkin Park to Pipkin Patriots Park City Council Agenda Item �ri c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Parks and Recreation Director MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 17, 2007 REQUESTED ACTION: Council consider renaming Pipkin Park to Pipkin Patriots Park. RECOMMENDATION Administration recommends approval of renaming the park. BACKGROUND The local chapter of the Daughters of the American Revolution (DAR) is requesting that Pipkin Park be renamed Pipkin Patriots Park to recognize and honor all veterans. This request coincides with the 75`h anniversary of the dedication of the Temple to the Brave, which was constructed on the park in 1932 as a memorial to Texas soldiers who had fought in all wars. The DAR, in cooperation with the City, has worked to renovate and restore the building and plans to rededicate the Temple later this year on November 1 lth. Pipkin Park was developed on property purchased by the City in 1919. It was later divided into two separate parts with the construction of Pennsylvania Avenue in 1971. The main area of the park is where the Temple is located, and the other part was approved for sale at the City general election held on May 12, 2007. Staff has no objections and supports the intent of this action. BUDGETARYIMPACT The cost for a new sign is about $2,400. The DAR is financially able to pay one-half of the cost; the balance is available in the operating budget of the Parks and Recreation Department. LINDA C. CANSLER ATTORNEY AT LAW P.O. BOX 693 BEAUMONT. TEXAS 77704-0693 (409) 835-5920 FAX: (409) 835-4105 �uet�st > 1, 2007 Mr. Kyle Hayes, City Manager, City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 RE: Pipkin Park and Temple to the Brave Dear Mr. Hayes: �a'Dor c I"m writing to you as the Regent of the Col. George Moffett Chapter, NSDAR about renaming the portion of Pipkin Park in which the Temple to the Brave is located to Pipkin Patriots Park. As you may know the Temple was built as a project of the Col. George Moffett Chapter. Construction started in 1931, during the term of pest Regent Lelia Tatum Pipkin. The entire community helped in raising the money to build the -Temple. It was dedicated on October 19, 1932. as a memorial to Texas soldiers who had nought in all wars. This year marks the 75"' Anniversary of that dedication. Several organizations have kept a loving, watchful eye on the Temple. Some of these are the Col. George Moffett Chapter, NSDAR, the Jefferson County Sheriffs Department Benefit Association, and the Jefferson County Historical Commission. Volunteers opened it up for visitors. In the 1980s, the Temple became a museum for military relics, artifacts, documents and history paying tribute to military veterans. In recent years it has been opened up on patriotic holidays for visitors. In 2003" through the efforts of past Regent Carleen Reese Faucett, the Texas State Regent visited and placed a DAR Historical Marker on the Temple. Time and Hurricane Rita were net kind to )1e Temple. Our Chapter noticed this fact. With the help and cooperation of the City of Beaurnont and the efforts of Major Dennis White, our Chapter, under the guidance of past Regent Betty Terrell Owens and committee chair, Ida McFaddin Pyle, worked to renovate and restore the Temple. We request that the part of Pipkin Park where our Temple stands be renamed PIPKIN PATRIOTS PARK" in honor and remembrance of all our veterans - most especially our local heroes. We ask that this request be presented to City Council as soon as possible and that the Col. George Moffett Chapter be notified so that we may appear and speak on behalf of this proposal. Please contact me ifvk)u have any questions or suggestions. S1nccaYy yours, Linda C. Cansler RESOLUTION NO. WHEREAS, the local chapter of the Daughters of the American Revolution (DAR) wishes to recognize and honor all veterans; and WHEREAS, the DAR has requested the renaming of Pipkin Park to Pipkin Patriots Park to so honor all veterans; and WHEREAS, it has been deemed appropriate to rename Pipkin Park to Pipkin Patriots Park to recognize and honor all veterans; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Pipkin Park is hereby renamed to Pipkin Patriots Park in recognition and honor of all veterans. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - 17 September 25, 2007 Consider approving an ordinance adopting local rules of the Beaumont Municipal Court City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 21, 2007 REQUESTED ACTION: Consider an ordinance adopting local rules of the Beaumont Municipal Court. RECOMMENDATION These rules are recommended for Council's consideration by Councilmembers Beaulieu and Samuel, designated liaison members to the Municipal Court. BACKGROUND The Charter of the City of Beaumont establishes a municipal court for the trial of misdemeanor offenses with such powers and duties as are given and prescribed by the laws of the State of Texas. It also gives to the City Council the authority to appoint one or more magistrates of the court. Judges James McNicholas, Theodore Johns and Craig Lively are the appointed magistrates to the court. Judge James McNicholas is presently the Chief Magistrate. Article 45.203 of the Texas Code of Criminal Procedure authorizes the governing body of a municipality to prescribe by ordinance rules, not inconsistent with any law of the state, as may be proper to enforce the collection of fines imposed by the municipal court. The Code also grants authority to adopt such rules and regulations concerning the practice and procedures in the court as the Council may consider proper. Rules have been drafted for Council consideration and adoption consistent with your authority to do by law. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ADOPTING LOCAL RULES OF THE BEAUMONT MUNICIPAL COURT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, Article 45.203 of the Texas Code of Criminal Procedure authorizes the governing body of a municipality to adopt rules and regulations concerning the practice and procedures in its municipal court; and, WHEREAS, the City Council is of the opinion that the Local Rules of the Municipal Court should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the Local Rules of the Municipal Court attached hereto as Exhibit "A" and made a part hereof for all purposes are hereby adopted and approved. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall in no way affect the remaining portions of this ordinance, and to such end the provisions of this ordinance are declared to be severable. Section 3. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - Page 1 of 22 Draft revised 9-20-07 EXHIBIT "A" City of Beaumont - Rules of the Court LOCAL RULES OF THE MUNICIPAL COURT CITY OF BEAUMONT It is intended that these Rules be construed consistent with Article 45.001 of the Texas Code of Criminal Procedure. Furthermore, these Rules may be amended from time to time so as to be consistent with State and Federal law and the Ordinances of the City of Beaumont. BE IT KNOWN that on this day, , 2007, the Municipal Court of Beaumont, Texas has adopted its LOCAL RULES OF THE MUNICIPAL COURT, in order to provide efficiency, uniformity and fairness in conducting the business of this Court. James D. McNicholas Chief Magistrate Theodore J. Johns Associate Judge Craig R. Lively Associate Judge Page 2 of 22 TABLE OF CONTENTS RULE ONE: APPEARANCE AND ENTRY OF A PLEA RULE TWO: COURTROOM DECORUM RULE THREE: NOTICE RULE FOUR: MOTIONS FOR CONTINUANCE RULE FIVE: OTHER PRE-TRIAL MOTIONS RULE SIX: PRE-TRIAL DOCKET RULE SEVEN: OTHER DOCKETS AND ORDERS RULE EIGHT: TRIAL SETTINGS RULE NINE: POST TRIAL RULE TEN: PAYMENT OF FINES RULE ELEVEN: DISMISSALS RULE TWELVE: JUVENILES RULE THIRTEEN: WARRANTS Page 3 of 22 RULE ONE: APPEARANCE AND ENTRY OF A PLEA RULE 1.1 - APPEARANCE The Court appearance date that appears on a citation or summons is the initial appearance setting to inform the defendant of the charges pending. RULE 1.2 — INITIAL APPEARANCE DOCKET AND TRIAL REQUEST RULE 1.2.1 The purpose of the initial appearance setting is to determine the defendant's plea to the offense charged and for the Court to apprise defendants of their Constitutional Rights. At the initial appearance setting, the defendant may enter a plea of guilty, not guilty, or nolo contendere (no contest). If the plea is guilty or nolo contendere, the defendant may give an explanation in mitigation of any fine or punishment to be assessed prior to the Judge assessing such fine or punishment. If a not guilty plea is entered, the case will be set for a trial at a later date. If the defendant wishes to have a trial by jury, a jury trial request should be made at the initial appearance. RULE 1.2.2 The appearance setting for those persons detained in the Jefferson County Jail for criminal offenses within the jurisdiction of the City of Beaumont Municipal Court shall be held each weekday at times prescribed by the Chief Magistrate. RULE 1.2.3 Failure of the defendant to timely appear on or before the initial appearance date will result in the issuance of a warrant for the defendant's arrest. RULE 1.2.4 Upon making a request for trial, the attorney of record shall provide the attorney's name, office address, bar card number, and telephone number. A defendant representing himself/herself and requesting a trial shall provide the Court with current work and home address and telephone numbers. RULE 1.2.5 Until a matter is finally concluded and the case file is closed, the defendant is responsible for keeping the Court informed of any change in the defendant's address or telephone number. RULE 1.3 - WRITTEN PLEA All pleas shall be in writing, except for pleas entered in open Court before a Judge. A fine payment shall constitute a plea of nolo contendere (no contest) as allowed by law. RULE 1.4 — PLEA BY MAIL The date of the postmark shall be designated as the date of filing of any plea received by mail. Page 4 of 22 RULE 1.5 — PLEA BY FAX The date of receipt of a FAX by the Court Clerk's office shall be designated as the date of filing of any plea. RULE 1.6 — DEFENDANT'S APPEARANCE A defendant who is not represented by an attorney must appear in person at all Court settings of his/her case(s). RULE 1.7 — PREFERENTIAL TRIAL SETTINGS To receive a preferential setting, subject to the Court's approval, a party must meet one of the following criteria: a. reside more than fifty (50) miles outside of the city; b. have a circumstance, condition, illness, or injury that would necessitate an expedited or specially set disposition of the case; C. have a non -defendant witness who has appeared on at least two prior trial settings without their case having been reached, or d. present evidence to the Court of other sufficient good cause noted by the Court in the case file to warrant a preferential setting. Page 5 of 22 RULE TWO: COURT DECORUM RULE 2.1— COURTROOM ORDER RULE 2. 1.1 The Court is charged with the responsibility of maintaining proper order and decorum. Order shall be maintained at all times. Violation of this rule can result in a reprimand by the Court, expulsion from the Courtroom or a contempt citation. All litigants, jurors, witnesses, lawyers, and others with whom the Court deals in an official capacity are to conduct and dress themselves in a manner deemed fitting and respectable. Courtroom dress and attire must conform to Local Rule 2.2 RULE 2.1.2 Unless a party/attorney is making an objection, only one person may speak at a time. No one may talk while the Judge is talking. All participants will address others respectfully. RULE 2.2 - COURTROOM DRESS/ATTIRE Part of Courtroom decorum is Courtroom attire. No one shall be permitted in the Courtroom in shorts, flip-flops or thong type footwear, tank tops, muscle shirts, halter tops, or T-shirts with indecent words or graphics. Pants are to be worn at the waist with no exposed undergarments. No hats, caps, head coverings or sunglasses shall be worn in the Courtroom, except for medical reasons with permission of the Court. Any person not dressed in appropriate Courtroom attire is subject to removal from Court by the bailiff. RULE 2.3 — ELECTRONIC DEVICES All electronic devices including cell phones and pagers must be turned off or set to silent mode before entering the Courtroom unless you have received express prior approval from the Court. Failure to comply will result in the person's removal from the Courtroom. RULE 2.4 — WEAPONS Absolutely no weapons of any sort shall be allowed in the Courtroom except those on the person of commissioned peace officers. The Judge shall have the discretion to have any object removed from the Courtroom. Any persons entering the Courthouse are subject to search. RULE 2.5 — FOOD/DRINK In order to maintain cleanliness and decorum in the Courtroom, no food, chewing gum, candy or drinks of any type shall be consumed in or brought in to the Courtroom. RULE 2.6 — SEATING All persons in the Courtroom shall be seated except when addressing the Judge or jury, when a seat is not available, when directed to rise by a Court officer, or with permission of the Judge. Page 6 of 22 RULE 2.7 — UNSCHEDULED ATTORNEY APPEARANCES Attorneys seeking to discuss cases with the City Prosecutor should contact the prosecutor about the case and about having the case files brought from the Clerk's Office. Attorneys are not authorized to hold case files unless authorized by a Judge. Attorneys wanting to see a Judge or City Prosecutor may call ahead and have the case(s) brought from the Clerk's Office. Cases will be held in the Judge's office or City Prosecutor's office no longer than 24 hours. RULE 2.8 — CASE FILES Defendants and their attorneys have access to defendant files only in the presence of Court personnel. Clerks shall not release files to anyone except Court personnel. Files shall not be removed from the Courtroom except with authorization by the Judge. Page 7 of 22 RULE THREE: NOTICE RULE 3.1— RESPONSIBILITY It is the responsibility of all persons with business before the Court to a) determine the date, time and nature of each setting of case(s): and b) update or notify the Court of any change of address. RULE 3.2 — ATTORNEY REPRESENTATION Notice of attorney representation of a defendant shall be made in writing and filed with the Court Clerk. A copy of such notice shall be included in the papers of the case. RULE 3.3 — NOTICE OF SETTINGS Notice of the date, time and nature of each setting shall be given to each party in writing, in person or by mail, to the last known address of a party or counsel. A copy of each notice shall be included in the papers of the case. RULE 3.4 - VERBAL REPRESENTATIONS Reliance upon verbal representation from any Court personnel concerning any matter shall not be considered grounds for continuance, setting aside of a warrant or any other relief. Reliance upon Court personnel or a police officer's verbal statement regarding disposition of an offense is not binding upon the Court. RULE 3.5 COMPLAINT A copy of the complaint will be made available to the defendant or counsel upon request to the Court Clerk. Page 8 of 22 RULE FOUR: MOTIONS FOR CONTINUANCE RULE 4.1 - MOTIONS FOR CONTINUANCE RULE 4. 1.1 Continuances are governed by Chapter 29, Texas Code of Criminal Procedure. These Local Rules augment but do not replace that Code. RULE 4.1.2 Upon oral or written motion of the State or the defendant or his attorney, the Court may grant a continuance upon a showing of good cause noted by the Court in the case file. RULE 4.1.3 All motions for continuances should be advanced at least five (5) days prior to the trial or hearing date and may be heard at such time as the Court may specify. Any motions for continuance advanced less than the five (5) days may be granted, as deemed necessary by the Court. RULE 4.2 - FORM OF MOTIONS FOR CONTINUANCE RULE 4.2.1 All written motions for continuance shall be filed with the Court Clerk. Such motions should be filed upon discovering the necessity for a continuance but no less than five (days) before the scheduled event. RULE 4.2.2 Motions filed less than five (5) days prior to the scheduled event will be ruled on at the call of the docket. RULE 4.2.3 Each motion shall contain: 1) the cause number; 2) the name of the defendant; 3) the date and time of the setting to be continued; 4) the specific facts justifying the continuance; RULE 4.3 - EMERGENCY MOTIONS FOR CONTINUANCE Motions made and filed less than five (5) days prior to the scheduled event will be ruled on at the call of the docket. RULE 4.4 - FACTORS FOR MOTIONS FOR CONTINUANCE Except in cases where constitutional or statutory continuances are sought, the following factors will be among those considered in determining a motion for continuance: 1. The specific nature of the conflict (illness, higher Court schedule including Court and case number, out of town, etc.) 2. The number of continuances previously granted to each party. Page 9 of 22 3. The timeliness of the filing of the motion, including the date on which the conflict became known to Movant. RULE 4.5 - DENIED MOTIONS If a motion is denied, in order to avoid an arrest warrant, a bond in the amount set by the Court shall be posted unless determined otherwise by the Court to be in the interest of justice. It is the responsibility of the defendant to determine whether the motion was granted or denied. Page 10 of 22 RULE FIVE - OTHER PRE-TRIAL MOTIONS RULE 5.1 - MOTIONS TO WITHDRAW Any attorney who makes an appearance on behalf of a defendant or represents to the Court that he/she is the attorney of record shall remain the attorney of record until a motion to withdraw as counsel or substitute other counsel is granted. RULE 5.2 - HEARING REQUIREMENTS: MOTION TO WITHDRAW RULE 5.2.1 WITHOUT HEARING - A motion to withdraw as attorney of record will be granted without a hearing only if the moving attorney: A. files a certificate stating the last known mailing address of the defendant, AND B. files a written consent to the withdrawal signed by the client, C. or includes in the motion a specific statement: 1) of the circumstances that prevent the moving attorney from obtaining the client's written consent and 2) that the client has been notified of the attorney's intent to withdraw by forwarding a copy of the motion to said client. RULE 5.2.2 WITH A HEARING - If all requirements of Rule 5.2.1 are not satisfied, a motion to withdraw must be presented at a hearing before the Court after notice to the defendant and to all other parties. RULE 5.3 - SUBSTITUTION If a motion to substitute another attorney includes an appearance by another attorney, that appearance will satisfy the requirements of Rule 5.2.1. Page 11 of 22 RULE SIX: PRE-TRIAL DOCKET RULE 6.1— JURY PRE-TRIAL DOCKETS RULE 6. 1.1 Cases in which defendants have pleaded "not guilty" and requested a trial by jury will be set for a jury pre-trial docket prior to being set for trial. RULE 6.1.2 The pre-trial docket for jury trial cases shall be set at 1:30 p.m. on the Friday four weeks immediately preceding the scheduled Tuesday jury trial date. At the jury pre-trial docket, the defendant and/or his attorney will be given an opportunity to speak with the prosecutor and be made aware of options in lieu of trial. RULE 6.2 — NON -JURY PRE-TRIAL DOCKETS RULE 6.2.1 Cases in which defendants have pleaded "not guilty" and requested a trial by Judge will be set for a jury pre-trial docket on the day of trial. RULE 6.2.2 At the non jury pre-trial docket, the defendant and/or his attorney will be given an opportunity to speak with the prosecutor and be made aware of options in lieu of trial. RULE 6.3 — PRE-TRIAL MOTIONS RULE 6.3.1 Pretrial Motions shall be filed in writing in all cases where the defendant alleges there are legal issues involving the sufficiency of the criminal complaint or the law from which the complaint is drawn. These issues shall include, but not be limited to, any factual situations that would invalidate the premise upon which a law or ordinance has been promulgated. RULE 6.3.2 All pretrial motions will be heard prior to the commencement of the trial on the merits. RULE 6.3.3 At the discretion of the Court, pretrial motions may be set for a hearing upon written request of either party, as governed by Chapters 27 and 28 of the Rules of Criminal Procedure, and all other applicable rules regarding the hearing of pretrial motions. RULE 6.3.4 No more than one pretrial hearing shall be set per case without leave of the Court. Failure to file pretrial motions as indicated herein shall constitute a waiver of having those issues heard before trial. RULE 6.3.5 Unless leave of Court has been granted, all pretrial motions shall be filed at least seven (7) days prior to the pre-trial hearing docket. Such motions shall be heard no later than the pre-trial hearing docket. RULE 6.3.6 It shall be the responsibility of the party filing any pretrial motion to serve opposing counsel or party with a copy of the motion within three (3) days of the filing of said motion. Service may be made by hand delivery, certified mail, or FAX. Page 12 of 22 RULE 6.3.7 It shall be the responsibility of the party filing any pretrial motion to obtain a hearing from the Clerk of the Court. RULE 6.4 — FAILURE TO APPEAR FOR PRE-TRIAL HEARING If the Defendant fails to appear in person or by counsel of record and announce ready for trial at the time the case is called for pre-trial hearing without showing good cause noted by the Court in the case file, the Court shall issue a warrant for the defendant's arrest and shall require that the defendant post a bond. Page 13 of 22 RULE SEVEN - OTHER DOCKETS AND ORDERS RULE 7.1 - ANCILLARY DOCKETS The Chief Magistrate may create Ancillary Dockets at such times and dates as may be deemed necessary including but not limited to bond dockets, show cause dockets, probation dockets, community service dockets, code enforcement dockets or any other dockets needed for the orderly disposition of pending matters. RULE 7.2 — STANDING ORDERS The Chief Magistrate as needed may issue general standing orders, written or oral, to facilitate the orderly disposition of pending matters. Page 14 of 22 RULE EIGHT: TRIAL SETTINGS RULE 8.1 - TRIAL DOCKET ANNOUNCEMENT All cases set on the trial docket will be called at the time for which they are set, whereupon the State and the defendant are expected to announce ready for trial subject to the hearing on any properly filed pretrial motions. RULE 8.2 - DEFENDANT'S FAILURE TO APPEAR FOR TRIAL RULE 8.2.1 If the Defendant fails to appear in person and announce ready for trial at the time the case is called for trial without showing good cause noted by the Court in the case file, the Court shall issue a warrant for the defendant's arrest and will require that the defendant post a bond in order to have the case reset, unless waived by a Judge for good cause shown and noted by the Court in the case file. RULE 8.2.2 A defendant who requested a jury trial but fails to appear for the trial will be ordered to pay the costs incurred for impaneling the jury absent a showing of good cause noted by the Court in the case file. RULE 8.3 - STATE'S FAILURE TO APPEAR FOR TRIAL If the State fails to appear and announce ready for trial at the time a case is called for trial, without showing good cause noted by the Court in the case file, the Court may proceed to trial. If the State's witness is not present, the State shall show good cause for the witness's absence, or proceed to trial. RULE 8.4 - SUBPOENA/EVIDENCE The State is responsible for the appearance of all necessary witnesses in response to a defendant's motion to suppress evidence. In all other cases, each party shall be responsible for subpoenaing its own witnesses and physical evidence. A party's failure to subpoena a witness shall not constitute good cause to continue the case. RULE 8.5 - VISUAL/AUDIO AIDS A defendant who wishes to use visual or audio aids in their defense must notify the Court at least one (1) week prior to trial so that arrangements can be made for the proper equipment to be available. The Judge shall make the final decision on what audio or video recordings, if any, are to be admitted into evidence. Page 15 of 22 RULE NINE: POST TRIAL RULE 9.1— MOTION FOR NEW TRIAL Motions for New Trial must be made within one day after the rendition of judgment and sentence. RULE 9.2 — APPEALS The appeal bond must be filed not later than the 10th day after the date the judgment was entered by the trial Court. RULE 9.3 — APPEAL BONDS The amount of the appeal bond shall be two times the amount of the fine and costs adjudged against the defendant but in no case less than $50. RULE 9.4 — INABILITY TO POST APPEAL BOND If a defendant is found by the Court to be indigent or otherwise too poor to pay the appeal bond, she\he may file an Affidavit of Indigency with the Court and a Motion to Waive Costs within the ten (10) day period to file an appeal bond. A hearing on the motion to waive costs shall then be scheduled by the Court. Page 16 of 22 RULE TEN - PAYMENT OF FINES RULE 10.1- PAYMENT DUE AT TIME JUDGMENT IMPOSED All fines and fees are due and payable at the time the sentence is imposed. No deferred adjudication will be granted without full payment of the assessed Court costs and bond at the time deferred adjudication is granted. RULE 10.2 - TIME PAYMENT PLAN RULE 10.2.1 If the defendant is not indigent but provides sufficient evidence that defendant is unable to pay all fines and fees due at the time sentence is imposed, defendant who has some form of income must apply for a Court approved time payment plan at the time sentence is imposed. If the defendant qualifies, the Court may allow the defendant to pay the fine in periodic installments and issue a binding Court order granting such time payment. RULE 10.2.2 Failure to complete the required time payment plan application and financial statement timely, truthfully and in full will result in the denial of a time payment plan and shall result in the issuance of a warrant which will subject the defendant to arrest. RULE 10.2.3 If the defendant provides inaccurate information, incomplete information and/or defaults on any payments agreed to and ordered under the time payment plan, a warrant will be issued which will subject the defendant to arrest. RULE 10.2.4 Providing false information on any time payment plan application or financial statement shall result in an immediate default on the time payment plan and may result in additional criminal charges against the defendant. RULE 10.2.5 Defendants who have defaulted on a time payment plan shall not be allowed to modify existing or establish any future time payment plans until all such past due time payment plans, and any related fees and expenses, have been fully satisfied or paid in full. RULE 10.2.6 No time payment plan may be modified except upon a hearing in open Court and a showing by the defendant by a preponderance of the evidence that there is good cause noted by the Court in the case file to modify such plan. RULE 10.2.7 Inaccurate or incomplete information provided with the time payment application and financial statement shall not constitute good cause to modify the time payment plan. RULE 10.2.8 In order to insure the orderly disposition of cases subject to time payment plans, the Court may issue from time to time standing orders regarding the processing of such plans. RULE 10.2.9 In addition to the issuance of a warrant for defendant's arrest, any time payment plan in default will be turned over to a collection agency for further civil processing and collection without further order of the Court. Page 17 of 22 RULE 10.2.10 Any time payment plan in default may be sua sponte converted to community service by order of the Court in the interest of justice. RULE 10.3 — COMMUNITY SERVICE RULE 10.3.1 If a defendant is found by the Judge to be too poor to pay the fine and costs, upon the finding of other good cause noted by the Court in the case file, or upon default on a time payment plan, the Court in the interest of justice may order the defendant to discharge the fine and costs by performing community service. RULE 10.3.2 In the interest of justice, the Court may order sua sponte any defendant to discharge the fine and costs by performing community service. RULE 10.3.3 Absent a written acceptance letter presented by defendant in a timely fashion to perform community service at an approved non-profit organization of defendant's choice, the Court shall order defendant to perform community through the City of Beaumont. RULE 10.3.4 Any community service ordered by the Court not specified by location in the Court's order is presumed to be order to be performed through the City of Beaumont. RULE 10.3.5 Absent a showing of good cause noted by the Court in the case file, failure to complete the required community service application timely, truthfully and in full shall result in the denial of community service and result in the issuance of a warrant which will subject the defendant to arrest. RULE 10.3.6 If the defendant provides inaccurate information, incomplete information and/or without a showing of good cause noted by the Court in the case file, defaults on the performance of community service ordered, a warrant will be issued which will subject the defendant to arrest. RULE 10.3.7 Providing false information on any community service application may result in an immediate default on the community service plan and may result in additional criminal charges against the defendant. RULE 10.3.8 Absent a showing of good cause noted by the Court in the case file, defendants who have defaulted on community service shall not be allowed to modify existing or establish any community service plans until all such past due plans, and any related fees and expenses, have been fully satisfied or paid in full. RULE 10.3.9 No community service plan may be modified except upon a hearing in open Court and a showing by the defendant by a preponderance of the evidence that there is good cause to modify such plan. RULE 10.3.10 Inaccurate or incomplete information provided with the community service application shall not constitute good cause to modify the community service plan. Page 18 of 22 RULE 10.3.11 In order to insure the orderly disposition of cases subject to community service plans, the Court may issue from time to time standing orders regarding the processing of such plans. RULE 10.4 - FAILURE TO SATISFY FINES AND FEES If a defendant does not pay the fine, timely meet all obligations of a time payment plan, or discharge the fine by performing community service as ordered by the Court, a warrant shall be issued which will subject the defendant to arrest. The defaulting defendant may be confined to jail until such time as all fines and fees are paid in full or satisfied by time in jail credited at the prevailing rate established at law. RULE 10.5 — INDIGENTS In the event a defendant alleges that defendant is too poor to pay the fine and costs and is unable to perform any manner of community service to discharge the fine and costs without undue hardship on the defendant, upon notice to the defendant and the city prosecutor, the Court may set a hearing to determine defendant's ability to pay or perform community service. Upon a finding by the Court that the defendant is too poor to pay the fine and is unable to perform any community service, the Court may waive payment of a fine or cost imposed on said defendant. RULE 10.6 — JAIL TIME CREDIT Credit for time served in jail may be granted by the Court in accordance with the Texas Code of Criminal Procedure subject to sufficient documentary proof to the Court of the actual jail time served for convictions related to citations issued through the City of Beaumont. Consideration of credit for time served in any other jurisdictions or for any convictions other than those imposed through the City of Beaumont may be granted or denied at the discretion of the Court in the interest of justice. Page 19 of 22 RULE ELEVEN - DISMISSALS RULE 11.1 —JUDICIAL DISMISSALS Judicial dismissals of any charge, whether mandatory or discretionary, may be granted in accordance with the specific common law, constitutional or statutory authority vesting the trial Court with such dismissal power. RULE 11.2 — PROSECUTORIAL DISMISSALS Absent specific statutory authority to the contrary, the prosecutor may, upon motion, dismiss a charge with judicial consent or approval. RULE 11.3 — OTHER DISCRETIONARY DISMISSALS Absent specific statutory authority to the contrary, the prosecutor and Court may agree to the entry of standing orders granting the dismissal of a charge upon proof of defendant's correction of the cited defect or violation prior to answer date or in the interest of justice. Page 20 of 22 RULE TWELVE - JUVENILES RULE 12.1— APPEARANCE IN OPEN COURT WITH PARENT A person who is considered a juvenile (10-17 years of age) must appear in person in open Court before a Judge accompanied by a parent or legal guardian at all appearances. No action will be taken unless the juvenile is so accompanied by such parent or legal guardian. However, the Court may hear the case if satisfied that due diligence has been used to obtain the presence of the parent or legal guardian. RULE 12.2 - ALCOHOL RELATED OFFENSES A minor (under 21 years of age) charged with an alcohol related offense under Chapter 106 of the Alcoholic Beverage Code must be present in person in open Court before a Judge to enter a plea of guilty or no contest. Furthermore, no person under 18 years of age may be convicted of an alcohol- related offense without the parent or legal guardian present. However, the Court may hear the case if satisfied that due diligence has been used to obtain the presence of the parent or legal guardian. RULE 12.3 - FAILURE TO APPEAR OR COMPLY WITH ORDER Any juvenile who fails to appear for her/his Court setting or fails to comply with any order of Court will have their driver's license suspended or will not be able to obtain their driver's license until compliance is achieved. RULE 12.4 - JUVENILE COMMUNITY SERVICE The Court may sua sponte order any person convicted of an offense committed as a juvenile to satisfy payment of the fine and costs owed by performing community service. Credit for community service performed for convictions of juvenile offenses shall be set by the Court at a rate of $50 to $100 per eight hours of community service performed, or in accordance with the current statutory rate. Page 21 of 22 RULE THIRTEEN - WARRANTS RULE 13.1— ISSUANCE OF ARREST WARRANTS The Judge shall order the issuance of warrants for the arrest of a defendant who fails to timely appear for any Court setting in accordance with Article 45.014, Texas Code of Criminal Procedure. RULE 13.2 — ISSUANCE OF CAPIAS PRO FINE WARRANT If a defendant fails to satisfy the judgment according to its terms, the Judge shall order a capias pro fine issued for the arrest of a defendant in accordance with Article 45.045, Texas Code of Criminal Procedure. RULE 13.3 — TEMPORARY SERVICE OF WARRANT Upon appearance in open Court of a defendant subject to a warrant for arrest, the Judge may order the defendant to post a bond and the warrant to be temporarily served subject to the posting of the bond. Warrants shall remain active if the defendant fails to post bond in accordance with the Court's order. RULE 13.4 — TEMPORARY SERVICE OF CAPIAS PRO FINE AND COMMITMENT RULE 13.4.1 Except in cases of Court determined indigence or where other good cause noted by the Court in the case file is presented to the Judge in open Court by the defendant subject to a capias pro fine warrant for arrest, the fine and costs owed must be paid in full by defendant or a partial payment and time payment plan determined to be acceptable by the Court must be made before any warrant can be temporarily served. Otherwise, the warrant shall remain active and a non -indigent defendant will be committed to jail until such fines and fees are satisfied in full. RULE 13.4.2 Except on a Court finding of indigence, no capias pro fine warrants will be temporarily served without a partial payment determined to be acceptable by the Court. RULE 13.5 — OTHER WARRANTS The Judge may order the issuance of any other warrants in accordance with the requirements of the Texas Statutes, the Texas Constitution and United States Constitutions. Page 22 of 22 is September 25, 2007 PUBLIC HEARING: Receive comments and requests relating to six month extensions for occupying FEMA or travel trailers Consider approving an ordinance allowing for a six month extension for occupying a FEMA or travel trailer at 5530 Thames, 1772 Grand, 3452 Grand, 680 Rhone, 1735 W. Highland, 2315 Sabine Pass, 3395 Maida, 1417 Church, 120 Langham, 2585 Linson, 3490 French, 1575 Threadneedle, 1745 Delaware and 660 Woodrow and denying an extension for 2650 Houston TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Tom Warner, Public Works Director September 25, 2007 September 18, 2007 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance allowing for a six month extension for occupying a FEMA or travel trailer at 5530 Thames, 1772 Grand, 3452 Grand, 680 Rhone, 1735 W. Highland, 2315 Sabine Pass, 3395 Maida, 1417 Church, 120 Langham, 2585 Linson, 3490 French, 1575 Threadneedle, 1745 Delaware and 660 Woodrow and denying an extension for 2650 Houston. RECOMMENDATION The Administration recommends the following approvals and denials for a six month extension for occupying a FEMA or travel trailer: Approvals 1772 Grand 2585 Linson 1745 Delaware 680 Rhone 3452 Grand 3490 French 5530 Thames 3395 Maida 120 Langham 1735 W. Highland 1575 Threadneedle 1417 Church 660 Woodrow 2315 Sabine Pass Rebecca Payne Ursula Washington Florence James Goltis Lazard Jr. Lynda Winn Albert Brazle John Wallace Mary Melvo Harry Deitz Dwight Harrison James Lewis Hattie Rubin Albert McDonald Joseph Gallien Denials 2650 Houston Glen Simpson BACKGROUND On August 21, 2007, City Council approved an ordinance allowing any homeowner that needs to occupy a travel trailer while Hurricane Rita repairs are being made to their home can do so until October 20, 2007. Anyone needing additional time to repair or rebuild their homes must apply to to City Council for a six month extension. In determining eligibility for a six month extension, an applicant must prove one of three criteria: 1. Actively working on home 2. Applied for Disaster Recovery 3. In litigation with insurance carrier. The Planning Manager recommends approval of the fourteen listed based upon the fact that each one met at least one of the three criteria. The Planning Manager recommends denial of Glen Simpson's request because he is not eligible for the Hurricane Rita Disaster Recovery Program because he did not get the necessary documentation to Housing Services in the allotted time. Recommended by City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE EXTENDING FOR A PERIOD OF SIX (6) MONTHS THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES OR TRAVEL TRAILERS AS TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY LOCATED AT 1772 GRAND, 2585 LINSON, 1745 DELAWARE, 680 RHONE, 3452 GRAND, 3490 FRENCH, 5530 THAMES, 3395 MAIDA, 120 LANGHAM, 1735 W. HIGHLAND, 1575 THREADNEEDLE, 1417 CHURCH, 660 WOODROW AND 2315 SABINE PASS DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE RITA AND DENYING SAID EXTENSION FOR PROPERTY LOCATED AT 2650 HOUSTON; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. WHEREAS, on October 11, 2005, City Council approved Ordinance No. 05-078 allowing for a period of six (6) months the parking, use and occupancy of recreational vehicles or travel trailers as temporary housing during the period of repair or reconstruction of hurricane -damaged properties; and, WHEREAS, on April 4, 2006, City Council approved Ordinance No. 06-021 granting a six (6) month extension; and, WHEREAS, on September 25, 2006, City Council approved Ordinance No. 06-064 granting a six (6) month extension; and, WHEREAS, on August 21, 2007, City Council approved Ordinance No.07-082 granting an additional six (6) month extension to those citizens occupying FEMA or travel trailers on residential property who are able to establish that they are either actively working on repairing their homes, have applied for disaster recovery or are in litigation with insurance carriers; and WHEREAS, the following property owners have made application for an extension to occupy a FEMA trailer or travel trailer on the residential properties listed below: and, 1772 Grand 2585 Linson 1745 Delaware 680 Rhone 3452 Grand 3490 French 5530 Thames 3395 Maida 120 Langham 1735 W. Highland 1575 Threadneedle 1417 Church 660 Woodrow 2315 Sabine Pass 2650 Houston Rebecca Payne Ursula Washington Florence James Goltis Lazard Jr. Lynda Winn Albert Brazle John Wallace Mary Melvo Harry Deitz Dwight Harrison James Lewis Hattie Rubin Albert McDonald Joseph Gallien Glen Simpson WHEREAS, the City Council has determined that it is in the best interest of the City of Beaumont to extend to certain property owners the privilege for an additional six (6) month period to allow recreational vehicles or travel trailers to be occupied on residential property as temporary housing during the period of repair or reconstruction of hurricane - damaged properties: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT it is hereby permitted for an additional period of six (6) months from the effective date of this ordinance the parking, use, and occupancy of recreational vehicles or travel trailers on residential property as temporary living quarters by property owners listed below while the damage to these properties caused by Hurricane Rita is being repaired, disaster recovery relief has been applied for or litigation with insurance companies is being pursued: 1772 Grand 2585 Linson 1745 Delaware 680 Rhone 3452 Grand 3490 French 5530 Thames 3395 Maida 120 Langham 1735 W. Highland 1575 Threadneedle 1417 Church 660 Woodrow 2315 Sabine Pass Rebecca Payne Ursula Washington Florence James Goltis Lazard Jr. Lynda Winn Albert Brazle John Wallace Mary Melvo Harry Deitz Dwight Harrison James Lewis Hattie Rubin Albert McDonald Joseph Gallien Section 2. THAT the property owner listed below is unable to establish that the property damaged by Hurricane Rita is being repaired, that he has applied for disaster recovery relief, or is in litigation with an insurance company and is, therefore, denied an extension for the parking, use, and occupancy of recreational vehicles or travel trailers on residential property as temporary living quarters: 2650 Houston Glen Simpson Section 3. It shall be unlawful for any person to park any such recreational vehicle or travel trailer used for purposes of occupancy as temporary living quarters on any street, highway, alley, sidewalk, or other public place in the City of Beaumont. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - RECOMMENDING APPROVAL 1. Address: 1772 Grand Applicant: Rebecca Payne We recommend approval of an extension as the applicant qualifies for a hurricane Rita Disaster Recovery Program and the home is under construction. 9/18/07 2. Address: 2585 Linson Applicant: Ursula Washington We recommend approval of an extension as the applicant has made application to a Rita Recovery Program through United Methodist Church 9/18/07 3. Address: 1745 Delaware Applicant: Florence James We recommend approval of an extension as the applicant has applied for assistance through Grant Works, Inc. HOME Program. 9/18/07 4. Address: 680 Rhone Applicant: Goltis Lazard, Jr. We recommend approval of an extension as the applicant is actively working on the home. 9/18/07 5. Address: 3452 Grand Applicant: Lynda Winn We recommend approval of an extension as the applicant is actively working on the home. 9/18/07 6. Address: 3490 French Applicant: Albert Brazle We recommend approval of an extension as the applicant Qualifies for the Hurricane Rita Disaster Recovery Program and has made application through United Methodist Church. 9/18/07 7. Address: 5530 Thames Applicant: John Wallace We recommend approval of an extension as the applicant qualifies for the Hurricane Rita Disaster Recovery Program. 9/18/07 8. Address: 3395 Maida Applicant: Mary Melvo We recommend approval of an extension as the applicant is actively working on the home. 9/18/07 9. Address: 120 Langham Applicant: Harry Dietz We recommend approval of an extension as the applicant is actively working on the house. 9/18/07 10. Address: 1735 W. Highland Applicant: Dwight Harrison We recommend approval of an extension as the applicant qualifies for the Hurricane Rita Disaster Recovery Program. 9/18/07 11. Address: 1575 Threadneedle Applicant: James Lewis We recommend approval of an extension as the applicant has applied for funds from a Nehemiah's Vision Disaster Recovery Program. 9/18/07 12. Address: 1417 Church Applicant: Hattie Rubin We recommend approval of the extension as the applicant is in litigation with his insurance company. 9/18/07 13. Address: 660 Woodrow Applicant: Albert McDonald We recommend approval of an extension as the applicant is actively working on the house and is in litigation with his insurance company. 9/18/07 ,� vY 'oA. 'tit' ♦ 4 .� w� f.�" > �} •� � • ° � d ' +.,ter: toA r ?. a€ cr ^ori 'ani 1 k v RECOMMENDING DENIAL Address: 2650 Houston Applicant: Glen Simpson We recommend denial of the request for an extension as the applicant did not qualify for Hurricane Rita Disaster Relief Program. 9/18/07