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HomeMy WebLinkAboutPACKET DEC 14 1999 (02)A) B) C) 67 .1.; Q -L City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 14, 1999 CONSENT AGENDA Approval of minutes Confirmation of committee appointments Marty Craig - Planning Commission 1:30 P.M. Approve a resolution adopting an annexation plan as required by Senate Bill 89 that was approved by the State of Texas 76th Legislature Approve a resolution to allow Hibernia National Bank to pledge a security as additional collateral for City accounts to be held at the Federal Reserve Bank effective December 14, 1999 Approve a National Pollution Discharge Elimination System (NPDES) guidance document -7 c-, D) Approve the acquisition of property for the Walden Road Improvement Project E) Approve the acquisition of properties for the Concord Road Improvement Project F) Authorize a payment for relocation expenses relating to the Concord Road Improvement Project 3 G) Accept improvements constructed in Brownstone Estates, Section One for City maintenance H) Authorize the City Attorney to file and prosecute a lawsuit • Consent Agenda Summary December 14, 1999 * Approval of minutes * Confirmation of committee appointments Marty Craig would be appointed to the Planning Commission. The term would commence December 14, 1999 and expire December 13, 2002. (CouncHmember Becky Ames) A) Approve a resolution adopting an annexation plan as required by Senate Bill 89 that was approved by the State of Texas 76th Legislature Administration recommends approval of the attached resolution adopting the annexation plan. The 76th Texas Legislature extensively revised the annexation laws in 1999. One of the major changes was to require an annexation plan before a city may annex an area. This plan must be adopted through a formal resolution by December 31, 1999 and posted on the City's website. Since the Administration does not intend to recommend the annexation of any property in 2000, the attached resolution will serve for an annexation plan. A copy of the staff memorandum is attached for your review. B) Approve a resolution to allow Hibernia National Bank to pledge a security as additional collateral for City accounts to be held at the Federal Reserve Bank effective December 14,1999 Administration recommends approval of a resolution to pledge additional collateral to cover City deposits at Hibernia Bank with a current market value of $1,809.481.81. The City maintained uncollected ledger balances at Hibernia National Bank in the amount of $2,426,779.87 on December 7, 1999. For the next month, the City's daily deposits will be larger than usual due to the receipt of property taxes. The above pledged Security plus the previously pledged collateral with a market value of $4,815,307 along with FDIC coverage is sufficient to collateralize current deposits as well as any deposits anticipated in the near future. A copy of the staff memorandum is attached for your review. C) Approve a National Pollution Discharge Elimination System (NPDES) guidance document Administration recommends approval of an NPDES guidance document which provides technical criteria for the assessment of water quality impacts from new flood control projects during the planning and design stage. The NPDES Storm Water Permit issued to the City of Beaumont and DD#6 requires the submission of certification of the formal adoption of guidance materials. A copy of the staff memorandum and guidance document is attached for your review. D) Approve the acquisition of property for the Walden Road Improvement Project Administration recommends that property located 120 feet east of Major Drive (2.9689 acres of land out of the Samuel Stivers League, Abstract 51) be purchased from Patrick Henry Phelan and Michael Arthur Phelan, Trustees for the appraised value of $85,500. The property was appraised by Bishop Real Estate Appraisers, Inc. A copy of the staff memorandum is attached for your review. • E) Approve the acquisition of properties for the Concord Road Improvement Project 1) Property located at 3710 Concord Road (0.061 acre out of the A. Williams Survey, Abstract 385) would be purchased from Norman and Patricia Hegele Morrison in the amount of $2,540. 2) Property located at 3860 Concord Road (0.046 acre out of the A. Williams Survey, Abstract 385) would be purchased from Patricia Hegele Morrison in the amount of $1,600. 3) Property located at 2375 Delaware Street (0.011 acre out of Lot 3, Block 1 of the Cousins 2nd Addition) would be purchased from John O. Cooper, Jr. and Lorene C. Cooper in the amount of $10,500. Administration recommends approval of the property acquisitions. The properties were appraised by Bishop Real Estate Appraisers, Inc. F) Authorize a payment for relocation expenses relating to the Concord Road Improvement Project Administration recommends that Mr. Warren Haynes receive a business move expense of $870 and a storage rental payment of $696. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended ensures that persons displaced as a result of an improvement project are treated fairly. Owners or tenants displaced as a result of a project shall be compensated for actual moving and related expenses. A copy of the staff memorandum is attached is for your review. G) Accept improvements constructed in Brownstone Estates, Section One for City maintenance Administration recommends accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Brownstone Estates, Section One. The improvements in the subdivision passed final inspection from all entities involved on December 8, 1999. A copy of the staff memorandum is attached for your review. H) Authorize the City Attorney to file and prosecute a lawsuit The City Attorney would be authorized to file and prosecute a lawsuit against Terry Samuel dba TJC Investments to collect on a delinquent Small Business Revolving Loan should Terry Samuel fail to remedy said default within 30 days from the date Council authorizes the filing and keep current in payments thereafter. A copy of the resolution is attached for your review. 0 City of Beaumont Im ciq K Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: December 14, 1999 AGENDA MEMO DATE: December 7, 1999 REQUESTED ACTION: Council consider a resolution adopting an annexation plan as required by Senate Bill 89 that was approved by the State of Texas 76th Legislature. RECOMMENDATION The administration recommends approval of the resolution adopting the annexation plan. BACKGROUND The 76th Texas Legislature extensively revised the annexation laws in 1999. One of the major changes was to require an annexation plan before a city may annex an area. This plan must be adopted through a formal resolution by December 31, 1999 and posted on the City's website. Exemptions to the annexation plan allow for annexations in certain circumstances, most notably if an area contains less than one hundred (100) tracts of land on which one or more residential dwellings are located on each tract. If the land is vacant, the number of tracts that can be annexed is unlimited. Areas can be added or deleted from the annexation plan at any time but do require notification of property owners, service providers and railroads. Since the administration does not intend to recommend the annexation of any property in 2000, the attached resolution will suffice for an annexation plan. BUDGETARY IMPACT None. 0 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Executive Assistant to City Manager/Economic Development Director and Planning Manager RECOMMENDED MOTION Approve/Deny the resolution adopting the annexation plan. • RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT THAT the City of Beaumont will not annex any territory that is required to be annexed under an annexation plan. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of December, 1999. - Mayor - 0 • City of Beaumont :.� Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: December 14, 1999 AGENDA MEMO DATE: December 8, 1999 REQUESTED ACTION: Council consider a resolution to allow Hibernia National Bank to pledge the following security as additional collateral for City accounts to be held at the Federal 0 Reserve Bank effective December 14, 1999. Cusip No. Description Current Value Market Value 31382LPL4 FNMA, 6.494%, Due 11/01/28 $2,000,000.00 $1,809,481.81 RECOMMENDATION The administration requests approval of a resolution to pledge additional collateral to cover City deposits at Hibernia National Bank with a current market value of $1,809,481.81. BACKGROUND The City of Beaumont maintained uncollected ledger balances at Hibernia National Bank in the amount of $2,426,779.87 on December 7, 1999. For the next month, the City's daily deposits will be larger than usual due to the receipt of property taxes. The above pledged Security plus the previously pledged collateral with a market value of $4,815,307 along with FDIC coverage is sufficient to collateralize current deposits as well as any deposits anticipated in the near future. BUDGETARYIMPACT None. PREVIOUS ACTION Council approved a pledge of collateral by Hibernia National Bank in the amount of $100,000 on May 25, 1999. SUBSEQUENT ACTION Subsequent Council action will be requested to release the additional pledged collateral when appropriate. RECOMMENDED BY City Manager and Finance Officer RECOMMENDED MOTION Approve/Deny resolution to allow Hibernia National Bank to pledge the following security as additional collateral for City accounts to be held at the Federal Reserve Bank effective December 14, 1999. Cusip No Description 31382LPIA FNMA, 6.494%, Due 11/01/28 • • Current Value 1I�X11 IN Market Value $1,809,481.81 C � 1 City of Beaumont `-- Council Agenda Item � c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: December 14, 1999 AGENDA MEMO DATE: December 10, 1999 REQUESTED ACTION: Council consider a National Pollution Discharge Elimination System (NPDES) guidance document. RECOMMENDATION Administration recommends approval of an NPDES guidance document which provides technical criteria for the assessment of water quality impacts from new flood control projects during the planning and design stage. BACKGROUND The NPDES Storm Water Permit issued to the City of Beaumont and Drainage District Six requires the submission of certification of the formal adoption of guidance materials. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, and City Engineer RECOMMENDED MOTION Approve/Deny acceptance of the guidance document. 0 npdes.j990812 990812 • 171 0 GUIDELINES FOR INCLUSION OF WATER QUALITY CONTROL STRUCTURES AND THE ASSESSMENT OF POTENTIAL WATER QUALITY IMPACTS IN FLOOD CONTROL PROJECTS For the CITY OF BEAUMONT JEFFERSON COUNTY DRAINAGE DISTRICT NO.6 To assist in the implementation of &VP A4-1: Reduce adverse water quality impacts of flood control projects undertaken or gDproved by permittee. Prepared by Carroll & Blackman Inc. Beaumont, Texas STORM WATER MANAGEMENT TABLE OF CONTENTS NARRATIVE Section P ag e 1 INTRODUCTION 1.1 Background 1.2 BMP A4 -1(d) 1.3 Responsibility 1.4 Purpose 2 TYPES OF WATER QUALITY CONTROL STRUCTURES AND USAGE IN THE DESIGN AND PLANNING OF OPEN CHANNEL FLOOD CONTROL PROJECTS 2.1 Sedimentation and Erosion Control Structures 2. 1.1 Detention Basins & Ponds 2.1.2 Concrete Revetment 2.1.3 Rip Rap 2.1.4 Concrete Liner 2.1.5 Geotechnical Fabric 2.1.6 Vegetation 2.2 Nutrient Control Structures 2.3 Floatables Control Structures 2.3.1 Siphons 2.3.2 Grates 3 TYPES OF WATER QUALITY CONTROL STRUCTURES AND PRUDENT USAGE IN THE DESIGN AND PLANNING OF STREETS DRAINAGE & FLOOD CONTROL PROJECTS 3.1 Sediment and Erosion Control Structures 3.1.2 Vegetation of Right of Ways 3.2 Floatables and Litter Control Structures 3.2.1 Grated Drop Inlets 0 4 ASSESSMENT OF POTENTIAL WATER QUALITY IMPACTS RELATED TO FLOOD CONTROL PROJECTS 4. 1.1 Open Channels 4.2 Street and Roadways 5 SOUND ENVIRONMENTAL ENGINEERING CERTIFICATION 5. 1.1 Engineer's Certification • 0 1.1 BACKGROUND The City of Beaumont (City) and Jefferson County Drainage District No. 6 (District) were issued an NPDES storm water discharge permit (TXS000501) by Region 6 of the U.S. EPA. This permit requires the City and the District to implement various programs referred to as Best Management Practices (BMP's). One such BMP (A4-1) requires the formal adoption of a guidance related to criteria for the incorporation of water quality control structures in new flood control projects and crite:-ia for retrofitting existing flood control projects with water quality control structures. Th --se water quality control structures are intended to improve the water quality of storm water run-off into the municipal separate storm sewer system (MS4). Thus, this guidance is intended to fulfill that requirement as detailed in the NPDES permit BMP A4-1 item d. 1.2 BMP A4-1 (d) BMP A4-1 is included in the Storm Water Management Program of the NPDES Storm Water Permit. This section of the program requires a structured approach for the inclusion of water quality control structures in the design of new flood control projects. The BMP requires in item (d) the following: "Develop guidance materials for incorporation of storm water quality controls into future flood control projects undertaken or approved by applicants." 1.3 RESPONSIBILTY Under the Storm Water Permit, the implementation of the BMP A4-1 is the responsibility of the Jefferson County Drainage District No. 6. 1.4 PURPOSE Storm Water Quality Control Structures that are included in the design of new flood control projects will improve the quality of storm water run-off associated with said projects. These controls will inhibit sedimentation, nutrient loading and prevent major erosion associated with uncontrolled storm water drainage. The primary objective of all flood control projects should be the safety of the citizens of Beaumont. Thus these water quality control structures should be implemented in cases where no sacrifice of public safety will result from control structure inclusion. 0 2.0 TYPES OF WATER QUALITY CONTROL STRUCTURES AND USES IN OPEN CHANNEL FLOOD CONTROL PROJECTS 2.1 Sedimentation And Erosion Control Structures The following section relates to the control of erosion through the use of storm water quality control structures. These structures include the follow: • Detention Basins & Ponds • Concrete Revetment • Rip Rap • Concrete Liner • Vegetation • Geotechnical Fabric The basis and criteria for the use of these control structures are explained in each subsection. 2. 1.1 Detention Basins & Ponds Detention Basins or Ponds are useful in flood control projects where reduced flow velocity is required for a variety of reasons. When large drainage areas with rapid runoff drain through populated areas, detention basins reduce the risk of flooding by serving as a buffering reservoir. The primary use for detention basins and ponds are flood control. Generally these control structures offer a location for storm water to slow and allow for sediments to fall out and collect. Criteria for the selection of Detention Basins & Ponds ♦ Available undeveloped land ♦ Location within the watershed which is conducive to flood protection ♦ Impacts on the flood hydrograph 2.1.2 Concrete Revetment Systems Concrete Revetment systems offer structural support to channel banks. These devices serve as effective erosion controls. Most concrete revetment systems are interlocking concrete blocks designed to have steel cable ties to bind the system together. This increases the rigidity of the channel bank and serves to protect the channel bank from serious erosion and bank slope failures. Concrete Revetment is often installed over a geotechnical fabric for support and backfilled with soil and seeded to promote vegetation growth in the joints. Criteria for the selection of Concrete Revetment Systems for erosion control 0 ♦ Slopes which are steeper than 3:1 ♦ Within Significant Channel Bends ♦ At locations of increased turbulence e.g. channel confluence, pipe entrances, invert grade changes and hydraulic dumps ♦ Bridge & Culvert crossings 2.1.3 Rip Rap Rip Rap bank protection is used to prevent erosion but is generally considered not as effective as concrete revetment. Rip Rap is generally considered to be any large crushed rock or concrete fragments. This material is often available after some construction project that involves the demolition of a larger concrete structure. The advantages of Rip Rap are cost related in many cases. Rip Rap bank protection is used in very much the same fashion as concrete revetment. Criteria for the selection of Rip Rap for erosion control ♦ Significant Channel Bends ♦ Locations of increased turbulence e.g. channel confluence, pipe entrances, invert grade changes and hydraulic jumps ♦ Bridge & Culvert crossings 2.1.4 Concrete Liners Concrete Liners offer channel bank protection in cases where right of way available for acquisition does not allow room for more gentle bank slopes. The concrete liners serve to protect the channel bank from erosion and can be applied to banks with a slope of 2:1 or steeper. Concrete liners can also be utilized around bridge crossing and near other structures to prevent erosion and destabilization. Criteria for the selection of Concrete Liners for erosion control ♦ Slopes steeper than 2:1 ♦ Significant Channel Bends ♦ Locations of increased turbulence e.g. channel confluence, pipe entrances, invert grade changes and hydraulic jumps ♦ Bridge & Culvert crossings 2.1.5 Geotechnical Fabric Geotechnical fabric is available in a diversity of styles with differing functionality. Generally it is a woven fabric composed of polyethylene. Geotechnical fabric can be used in conjunction with soil and seeding in areas where gentle slopes occur in mild bends of earthen channels. This fabric serves as a base and foundation for concrete revetment in cases where these systems are being used to prevent erosion of highly dispersive soil types, such as sand or certain clays. Criteria for the selection of Geotechnical Fabric ♦ Mild channel bends ♦ Support under concrete revetment systems ♦ Additional stability for seed beds 2.1.6 Vegetation Vegetation should be established as quickly as possible on all earthen channel and detention basin projects. The spread of vegetation is promoted generally through the broadcasting of seed and fertilizer. In general, indigenous grass and vegetation species which are disease resistant, hardy and offer favorable maintenance characteristics are specified for flood control projects. Criteria for the selection of Vegetation for erosion control ♦ Exposed earthen surfaces 2.2 Nutrient Control Structures The following section relates to the control of nutrients entering the MS4. The structures include the following: • Grassy Swales • Small Wetlands These structures are effective only if sufficient contact time is allowed and grasses of sufficient density are utilized to uptake nutrients as storm water passes through them. Since flood control projects generally deal with rapid run-off these control structures and the significance of nutrient reduction are as of yet undetermined. Grassy swales are used in conjuction with open channels to direct water to downspout systems constructed of metal or plastic pipe structures. These grassy swales are positioned along the open channels outside 10 to 25 foot grassy right of ways to form a vegetative corridor to prevent sheet flow over the channel banks. 0 Criteria for the selection of Grassy Swales for nutrient control ♦ Available right-of-way outside the flood control structure Criteria for the selection of Small Wetland areas for nutrient control ♦ Presence of wetland protection requirements 2.3 Floatables Control Structures The following section relates to the control of floatables entering the MS4. The structures include the following: • Siphons • Grates These structures are effective as mechanical structures for the removal of low density objects such as litter and floating vegetation. 2.3.1 Siphons Siphons are generally constructed only when a drainage channel meets and intersects a large object that is fixed and significantly inhibits the direct path of the channel. Siphons are created when drainage water is directed under these objects through a conduit which is installed below the channel invert elevation. Siphons can be useful in the reduction of floatable materials and sediment. The effectiveness of these structures are highly related to maintenance activities and the frequency at which floatable materials and sediments are removed. Criteria for the selection of Siphons ♦ Where flood project design requires siphons 2.3.2 Grates Metal gratings can be used to prevent large floatable material from entering the MS4. These structures should be maintained at some schedule determined to be effective for the removal of litter and other large floatable materials. Criteria for the selection of Grates Where flood control project design requires grates • 3.0 TYPES OF WATER QUALITY CONTROL STRUCTURES AND USAGE IN THE DESIGN AND PLANNING OF STREETS & ROADWAY FLOOD CONTROL PROJECTS 3.1 Sediment and Erosion Control Structures 3.1.2 Vegetation of Right -of -Ways All right of ways not paved with concrete should be vegetated as quickly as possible with grasses to prevent erosion and sediment deposition into the storm sewer system. Broadcast or hydromulch seeding or block sodding is required on all flood control projects within the Beaumont Municipal Limits. 3.2 Floatables and Litter Control Structures The use of grates over Drop Inlets can be effective in reducing floatable material and litter introduction into the storm sewer system. The regular cleaning of these structures is necessary for effectiveness. • 9 3.2.1 Grated Drop Inlets Grates are usually thought of in terms of safety issues for the prevention of falls into the storm sewer system. These grates also prevent large floatable materials and litter from entering the MS4. Drop inlets with surface flush mounted inlets are required to have some form of grate to secure the inlet in the Beaumont Municipal Limits. 4.0 ASSESSMENT OF POTENTIAL WATER QUALITY IMPACTS RELATED TO FLOOD CONTROL PROJECTS 4.1 Open Channels All of the water quality control structures included in Section 2.0 should be considered by the engineer at the planning and design stage for all open channel structures. The potential water quality impacts related to open drainage channels are outlined below. Erosion and Sedimentation Problems arise from the following conditions ♦ Drainage Channels with banks that have a slope of steeper than 3:1 ♦ Drainage Channels with highly dispersive soils ♦ Drainage Channels that serve as drainage of large areas with dispersive soils ♦ Drainage Channel bends ♦ Drainage Channel Areas near bridges and other crossing structures All flood control projects should include the use of vegetation in the absence of concrete coverage of any soil surface. 4.2 Street and Roadways Vegetation should be promoted on all right of ways associated with streets in the Beaumont Municipal Limits. 5.0 SOUND ENVIRONMENTAL ENGINEERING CERTIFICATION 5. 1.1 Engineer's Certification The engineer shall sign and certify for all new flood control projects that sound environmental engineering was implemented in regards to water quality control. The standardized certification form is included as Appendix B-1. 0 Appendix B -l: Sound Environmental Engineering Certification 0 Certification Of Sound Engineering Practices Related to Water Quality Control Structures for Flood Control Projects City of Beaumont, Texas This document shall serve as certification of sound engineering practices related to the below mentioned flood control project. The undersigned Designing Engineer has read and implemented to the fullest extend practicable some or all of the water quality control structures as describes in the guidance document entitled "Guidelines for the Inclusion of Water Quality Control Structures and the Assessment of Potential Water Quality Impacts in Flood Control Projects". Flood Control Project Name: Project Description: Project General Location: Designing Engineer(s): (Please Print Name and Address) Certification Signature and Date: Engineer Signature: Engineer Registration Number: Date: This document should be included as part of the application for construction permit for all flood control projects located within the Municipal City Limits of Beaumont, Texas. I* � City of Beaumont .�� Council Agenda Item • C TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: December 14, 1999 AGENDA MEMO DATE: December 7, 1999 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of Parcels IA, 1B, 1C and 1D of the Walden Road Improvement Project. RECOMMENDATION The owners of the property listed below have agreed to convey the property for the right of way for the Walden Road Improvement Project. Parcel IA, 1B, 1C, 1D: 2.9689 acres of land out of the Samuel Stivers League, Abstract 51 (120 feet east of Major Drive) Appraised Value $85,500 (Partial Taking) Appraiser: Bishop Real Estate Appraisers, Inc. Owners: Patrick Henry Phelan and Michael Arthur Phelan, Trustees Administration recommends authorization to acquire the property. BACKGROUND Construction is complete for the improvements to Walden Road from FM364 (Major Drive) to Interstate Highway 10. Council authorized the extension of the contract to include the section from Interstate Highway 10 to State Highway 124 (Fannett Road) on July 13, 1999. BUDGETARYIMPACT This project is funded under the Capital Improvement Program. PREVIOUS ACTION Seven parcels which have been acquired were approved by Council beginning in January 1999. The owners of this parcel had signed a Right of Entry and Possession to enable the City to proceed with the construction of the project. SUBSEQUENT ACTION One offer is pending on the section from FM 364 (Major Drive) to Interstate Highway 10. RECOMMENDED BY City Manager, Public Works Director, and City Engineer. RECOMMENDED MOTION Approve/Deny authorizing the acquisition of Parcels IA, IB, IC, and ID of the Walden Road Improvements Project. Is proj.walden jld 990712 9 WALDEN ROAD IMPROVEMENT PROJECT PROPOSED RIGHT-OF-WAY ACOUISITION PARCELS NO. 1A & ID 1.36073 ACRES OF LAND OUT OF SAMUEL STIVERS LEAGUE, ABSTRACT NO. 61 (PARTIAL TAKING) OWNERS: PATRICK H. PHELAN & MICHAEL A. PHELAN, TRUSTEES LEGEND, SUBJECT PROPERTY CALC CORNE� 10+0c . " . , LE+� rNo - ......... 1. PIP .......... 7 SET ( I. RY8 0 N39'58'27C 120.00* c l) SCI FNO I' -1. PIPE LOCATION MAP N.T.S. 17 PARCEL 1A PROPosm N. I (; ROW 1 1 24+00 C4LC. 2 —4—CORNER—, I I A Wy ra Z PARCEL 1D 450 Sq FT" 0.0103 ACREi----� LIFT STATION EASEMENT AMHOLE DETAIL "A" WALDEN ROADQ f. Row' 17 PARCEL 1A PROPosm N. I (; ROW 1 1 24+00 C4LC. 2 —4—CORNER—, I I A Wy ra Z � 0 • WALDEN ROAD IMPROVEMENT PROJECT PROPOSED RIGHT—OF—WAY ACQUISITION PARCEL NO. 1B 1.3377 ACRE TRACT OUT OF SAMUEL STIVERS LEAGUE, ABSTRACT NO. 61 (PARTIAL TAKING) OWNERS: PATRICK H. PHELAN & MICHAEL A. PHELAN, TRUSTEES LEGEND SUBJECT PROPERTY SUBJECT W j� n- � WILL WC3 WAY d T C3 E Q IIES cm - w PALpETT0 WALDEN RD. ours Cts N s _ - EMPER J � � EAG 2� DORAL 3 ti y� y�F 2 ERION eec; MAHO AN UN q A RI V I CA/ Z 2 a- �qo WILLOW CREeK BAYHILL LOCATION MAP N. T. S. 00 WALDEN ROAD of PROP OO'ROW EXSIT. ROW CALC. 26+00 CALC. 28+00 30+00 32+00 34+00 36+00 38+00 40+00 CORNEF CORNER 1440.Si � i:�377 aCRES::.................... SET 5 1440.59• FNO 3/4" 1. R D 7/ PROP ROW \7 787, 6 7 8 17 1. ROD0!OWILLOW \ CREEK 6 WILLOW CREEK 86 WILLOW CREEK 16 ` COUNTRY CLUB ESTATE COUNTRY CLUB ESTATE COUNTRY CLUB ESTATE 5 g PHASE Il SECTION IA 5 PHASE ll, SECTION IB PHASE II SECTION IC WILLOW CREEK 15 5 VOL. 1 MRJC 357 9 VOL. 1 G. 6 9 5 VOL. 15. C. 7 10 Q LUB ESTATE RJC PHASE 11 SECTION ID W 4 10 VOL. 15, PC. 64 j 10 4 > 10 4 11 AIRJC 14 W � 3 O 1J -> 3 O 1 1 3 1 1 3 p 12 2 2 O oG 2 ti z o m U z Z 1 Q O J U 3 00 WALDEN ROAD IMPROVEMENT PROJECT PROPOSED RIGHT—OF—WAY ACOUISITION PARCEL NO. 1C 0.2712 ACRE TRACT OUT OF SAMUEL STIVERS LEAGUE, ABSTRACT NO. 61 (PARTIAL TAKING) OWNERS: PATRICK H. PHELAN & MICHAEL A. PHELAN, TRUSTEES • • LEGEND SUBJECT PROPERTY LOCATION MAP N.T.S. �d WALDEN ROAD 7 L o/ PROP. 100' ROW 40+00 42+00 44+OC PS IT. ROW &29�.a� ::::::::•::::::::::: i%271 ACRES::*:".:*. 3 S .......... ......... FND 3/4FND 3/4' 2W•»' I. R00 aj 1. R00 PROP. ROW 17 W WILLOW CREEK COUNTRY CLUB ESTATE W PHASE 11 SECTION 0 bo 4 VOL. 15, PG. 64 p MRJC N N Z p KEMP CL ERCIRCLE 15 U 5 9 14 6 7 N.T.S. U 2 W q J a 3 11 • • City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: December 14, 1999 AGENDA MEMO DATE: December 9, 1999 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of Parcels 81, 81A and 102 of the Concord Road Improvement Project. RECOMMENDATION The owners of the property listed below have agreed to convey their property for the right-of-way of the Concord Road Improvement Project. Parcel 81: 0.061 acre out of the A. Williams Survey, Abstract 385 (3710 Concord Road) Appraised Value: $2,540 (Partial Taking) Appraiser: Bishop Real Estate Appraisers, Inc. Owners: Norman and Patricia Hegele Morrison Parcel 81A: 0.046 acre out of the A. Williams Survey, Abstract 385 (3860 Concord Road) Appraised Value: $1,600 (Partial Taking) Appraiser: Bishop Real Estate Appraisers, Inc. Owner: Patricia Hegele Morrison E Parcel 102: 0.011 acre out of Lot 3, Block 1 of the Cousins 2nd Addition (2375 Delaware Street) Appraised Value: $10,500 (Partial Taking) Appraiser: Bishop Real Estate Appraisers, Inc. Owners: John O. Cooper Jr. and Lorene C. Cooper Administration recommends authorization to acquire these properties. BACKGROUND Parcels 81 and 81A are in Phase III of the project. There are thirty parcels in this phase. Parcel 102 is in the Drainage portion of Phase II of the Concord Road Project. There are 16 parcels in this section. BUDGETARYIMPACT This project is funded under the Capital Improvement Program. PREVIOUS ACTION Three parcels have been acquired, since September of 1998 on Phase III and the owners of four parcels have accepted the appraised value. Eight parcels have been acquired since July 1999 in the Drainage Phase. The owners of four parcels in this phase have accepted the appraised values. Two parcels have been foreclosed on by the County. Council has granted authority of eminent domain for these parcels. SUBSEQUENT ACTION Two offers are pending in each of these phases. RECOMMENDED BY City Manager, Public Works Director, and City Engineer RECOMMENDED MOTION Approve/Deny authorizing the acquisition of Parcels 81, 81A and 102 of the Concord Road Improvement Project. 0 projconc2j1d • • CONCORD ROAD IMPROVEMENTS PROJECT PROP03ED RIGHT-OF-WAY ACOU131TION PARCEL NO. 81 0.061 ACRE OUT OF THE A. WILLIAM3 3UREY, A83TRACT $86 (ST10 CONCORD ROAD) (PARTIAL TAKING) OWNER= NORMAN A PATRICIA H. MORR13ON LEGEND 3UBJECT PROPERTY HOSAIN AU 0.4775 AC. F.C. 104-60-0927 J.C.R.P.R. LOCATION MAP N.T.S. N.T.S. HEARING DISTANCE Q N 7703'25' ■ 63.60' Q N 6840'24' A 43.67' Q N 01.59.25' w 25.65• Q S 61' 10'3,r E 20.40' © S 6832'55' E 60.45' Q S 71-55-14' E 25.13' Oi S 01'54'46" E 26.43' HOSAIN AU 0.4775 AC. F.C. 104-60-0927 J.C.R.P.R. LOCATION MAP N.T.S. N.T.S. � 0 CONCORD ROAD IMPROVEMENTS PROJECT PROPOSED RIGHT—OF—WAY ACOU131TION PARCEL NO. 81A 0.046 ACRE OUT OF THE A. WILLIAMS SUREY, ABSTRACT 886 (9860 CONCORD ROAD) (PARTIAL TAKING) OWNER: PATRICIA H. MORRISON LEGEND SUBJECT PROPERTY LISTING OF TREES INCLUDED IN PROPOSED R.O.W. 2-36' ,PINE TREES 16' FRUIT TREE 2-6" CEDAR TREES LOCATION MAP N.T.S. I `s, I el I R i� 3 °D N N il'1 0 \ cy 113' a \ GIS r rN Iw \ l w e z I � ,n _ O \ IN I I I \ so II I ' I I I 2 �I.l PROPOSED R.O.W. C 0 FND. 5/D' ROD r co O I d s� o I 4d N.T.S. BEARING DISTANCE Q N 01'59'25' W 24.15' ® S 59'25'05' E 94.98' Q S 01'59.25' E 25.85' Q N 5639'44' W 95.80' LISTING OF TREES INCLUDED IN PROPOSED R.O.W. 2-36' ,PINE TREES 16' FRUIT TREE 2-6" CEDAR TREES LOCATION MAP N.T.S. I `s, I el I R i� 3 °D N N il'1 0 \ cy 113' a \ GIS r rN Iw \ l w e z I � ,n _ O \ IN I I I \ so II I ' I I I 2 �I.l PROPOSED R.O.W. C 0 FND. 5/D' ROD r co O I d s� o I 4d N.T.S. I * • CONCORD ROAD IMPROVEMENTS PROJECT PROPOSED RIGHT-OF-WAY ACOU131TION PARCEL NO. 102 0.011 ACRE OUT OF LOTS 8, BLOCK 1 COUSINS 2nd ADDITION (PARTIAL TAKING) OWNER: MR. $ MRS. JOHN 0. COOPER JR. I * LEGEND SUBJECT PROPERTY / DE�WARE 51REET A t35 u•, t30 Y 1 N Single .�,_ Story Wood Frame t30 \ o \ o, 2 J COUSINS \ BRVCE E. 85251826 FC- OJ.C. ,-52-1826 1 J.C.R.P R. 26.3 3 0 O 'ECOND VOL. 6. PAGE 71 J. C. M. R. LOCATION MAP N.T.S. 1 1 1 1 'uRM J. T.rJU F.C. 102-53-02-5 J.C.R.PR 4 1 1 1 ADDITION 5/8' ]RON N.T.S. AUR"AR102 • 0 I .. ne City of Beaumont '21:11111,741"1513 M-K Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: December 14, 1999 AGENDA MEMO DATE: December 8, 1999 REQUESTED ACTION: Council consider a resolution authorizing payment of $1,566 to Mr. Warren Haynes for relocation expenses as a result of the Concord Road Improvement Project. RECOMMENDATION Mr. Warren Haynes is being displaced as a result of the Concord Road Project and qualifies for relocation assistance. The amount of assistance includes: a business move expense of $870 and a storage rental payment of $696. Administration recommends authorizing the payment for these relocation expenses. BACKGROUND The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended ensures that persons displaced as a result of an improvement project are treated fairly, consistently, and equitably so that such persons will not suffer disportionate injuries as a result of projects designed for the benefit of the public as a whole. Owners or tenants displaced as a result of a project shall be compensated for actual moving and related expenses. BUDGETARY IMPACT This project is funded under the Capital Improvement Program. PREVIOUS ACTION Property was acquired in May of 1999. SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny authorizing the payment of $1,566 to Mr. Warren Haynes for relocation expenses as a result of the Concord Road Improvement Project. 0 10%W � 1 City of Beaumont 666946 Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: December 14, 1999 AGENDA MEMO DATE: December 8, 1999 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Brownstone 0 Estates, Section One. RECOMMENDATION Administration recommends approval of Brownstone Place from existing Brownstone Place approximately 698 feet south to and including the cul-de-sac, Brownstone Lane from proposed Brownstone Place approximately 384 feet west to and including the cul-de-sac, and Brownstone Street from proposed Brownstone Place approximately 384 feet to and including the cul-de-sac. Also, recommended for approval are the Water and Sanitary Sewer Improvements for Lots 1-27. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on December 8, 1999. BUDGETARY IMPACT None PREVIOUS ACTION None SUBSEQUENT ACTION None 1-1 Page 1 of 2 • • RECOMMENDED BY City Manager, Public Works Director and City Engineer RECOMMENDED MOTION Approve/Deny the resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Brownstone Estates, Section One. Page 2 of 2 • VICINITY MAP NTS � BROWNSTONE ESTATES, SECTION ONE RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney is hereby authorized to file and prosecute a lawsuit against Terry Samuel dba TJC Investments to collect on a delinquent Small Business Revolving Loan should Terry Samuel fail to remedy said default within thirty (30) days hereof and keep current in payments thereafter. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1999. 0 - Mayor - 11 • WORK SESSION ITEMS • • BARBARA LIMING �. CITY CLERK CITY CLERK'S OFFICE City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 14, 1999 1:30 P.M. AGENDA OPENING * Invocation Pledge Roll Call * Presentations and Recognition - Chamber of Commerce relating to FY 2000 funding request * Public Comment: Persons may, speak on scheduled agenda items * Consent Agenda ,STRATEGIC ISSUES Economic Development Department * Maj or/Dowlen/Gladys/Hwy. 105 Sign Overlay District 0 Discuss legal opinion from the State Bar of Texas Ethics Department Clean Community Department * Selling of landfill space * Recycling Program * Flexible Work Schedule Fire Department * Fire Department fees Central Services Department * Civic Center fees Health Department * Health Department fees EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Allen Lee et al v. David Moore et al • WORK SESSION ITEMS • • L CITY OF BEAUMONT ECONOMIC DEVELOPMENT INTEROFFICE MEMORANDUM December 8, 1999 TO: Stephen J. Bonczek, City Manager FROM: Stephen C. Richardson, Planning Manager SUBJECT: Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District COMMENTS In its desire to enhance the quality of development in the City of Beaumont and thereby beautify the City, the Planning Commission, with the consent of City Council, undertook the development of a sign ordinance that would apply to an area in the west end of Beaumont. This area extends from 100 feet west of Major to the sNth.side of Hwy. 105 to 100 feet east of Old Dowlen Road to 100 feet east of Dowlen Road to 100 feet south of Gladys. This large area is mostly vacant at this time but will be the prime development area of Beaumont in the years to come. This proposed ordinance would be applied to this area as an overlay district. The ordinance would regulate signs only. Land use, setbacks, parking, etc. would be governed by the underlying zoning districts. The proposed ordinance would require that all detached owner identification signs be monument signs. A monument sign is defined as "a sign that is an independent structure supported from grade to the bottom of the sign with the appearance of having a solid base." In addition, off -premise advertising signs (billboards) and bench advertising would be prohibited. In an effort to get all existing signage to come into compliance, a seven (7) year amortization period would be implemented for all legally nonconforming permanent signs (including billboards). In addition, signs would be removed or made to comply with these regulations when fifty percent (50%) or more structurally deteriorated or when there is a change in use, occupancy, or ownership which necessitates the altering of the sign in any manner. tephen C. Richardson 0 SIGNS Sec. 30-23.1. Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District Regulations. (a) General Purpose and Description: The Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District, in general is intended to preserve and improve the physical environment in the City of Beaumont; promote the public safety, welfare, convenience and enjoyment of travel and the free flow of traffic along the streets in this area; ensure that signage provides the essential identity of facilities along the streets and prevent needless clutter in appearance in the area. This district supplements the regulations of the underlying zoning district classifications. The Zoning Map shall reflect the designation of a Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District by the letters "MD" as a suffix to the underlying zoning district classifications. (b) Definitions: Unless the context clearly indicates otherwise, in this Ordinance: 1) SIGN, ATTACHED shall mean a sign which is attached to or painted on the outside face of a building. An attached sign is also erected parallel to the face of the building, supported by the building and does not extend more than eighteen (18) inches from the face of the building wall or above the roof line of the building to which the sign is affixed. 2) SIGN, DETACHED shall mean a sign which is wholly supported by one or more columns, uprights or braces in the ground and has no support to a building, canopy or facade. 3) SIGN, FENCE shall mean a sign attached or affixed to any type of fence. 4) SIGN, MOBILE, shall mean a business sign used to advertise an establishment or services which is on or affixed to trucks, automobiles, trailers or other vehicles used primarily to support or display such signs while parked. 5) SIGN, MONUMENT shall mean a sign that is an independent structure supported from grade to the bottom of the sign with the appearance of having a solid base. 0 6) SIGN, MOVING shall mean a sign which in whole, or part, does EJ not remain stationary at all times, regardless of the power source which affects movement. (c) Permitted Uses: The permitted uses in the MD, Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District, shall be determined by the underlying zoning district classification. (d) Boundaries: The boundaries of the Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District shall extend from one hundred (100) feet west of the west right-of-way line of North Major Drive to the south right-of-way line of Hwy. 105; along the south right-of-way line of Hwy. 105 to one hundred (100) feet east of the east right-of-way line of Old Dowlen Road; from one hundred (100) feet east of the east right-of-way line of Old Dowlen Road to one hundred (100) feet east of the east right-of-way line of Dowlen Road; from one hundred (100) feet east of the east side of Dowlen Road to one hundred (100) feet south of Gladys Avenue; from one hundred (100) feet of the south right-of-way line of Gladys Avenue to one hundred (100) feet west of the west right-of-way line of North Major Drive. (e) Area and Height Regulations: Minimum lot area, width, depth, yard and building height shall be determined by the underlying zoning district classification. (f) Sign Regulations: Signs shall not be permitted within the Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District except as specifically authorized in this section. 1) Permit Requirements. No sign, unless herein excepted, shall be located, constructed, erected, altered, posted, attached or painted until a building permit has been approved by the Building Official in accordance with the requirements of this chapter and the Standard Building Code. 2) Prohibited Signs. The following types of signs are prohibited in this overlay district: a) Off Premise Advertising Signs b) Mobile Signs C) Moving Signs d) Portable Signs - For the purpose of this section, trailer signs and signs on benches are considered to be portable signs. e) Fence Signs f) Banners, except for grand opening signs g) Pennants, decorations or other attention getting devices. OA 3) Signs in Residential -MD Districts: Signs shall not be permitted in Major/Dowlen/Gladys/Hwy. 105 Sign Overlay residential districts except as specifically authorized in this section. a) One (1) detached identification sign may be constructed at each entrance to identify a single family residential development of ten (10) acres or more. Such signs will be subject to the following conditions and restrictions: (1) Building wall signs will be prohibited. (2) The sign must be for permanent identification of a subdivision. (3) The sign shall not exceed twenty (20) square feet in area. (4) The sign shall not exceed a height of five (5) feet above the ground. (5) The sign shall not be illuminated except by reflective flood light type illumination. There shall not be any flashing or intermittent lights. (6) All parts of the sign may be located at the property line. (7) The sign shall meet the wind load requirements of the Building Code. b) One (1) detached owner -identification monument sign shall be permitted for a multiple family development, non- residential or institutional building for each abutting street, subject to the following conditions and restrictions: (1) The sign shall not exceed fifty (50) square feet in area. (2) The sign shall not exceed six (6) feet in height. (3) The sign shall not have any flashing lights, any type of intermittent illumination or revolve in any manner. (4) All parts of the sign may be located at the property line. (5) The sign shall meet the wind load requirements of the Building Code. C) One (1) attached owner -identification sign per multiple - family dwelling development or institutional building shall be permitted for each street abutting the development subject to the following conditions and restrictions: • (1) The sign shall be attached to or painted on the 0 outside of the building. (2) The attached sign shall be erected parallel to the face of the building, supported by the building and shall not extend more than eighteen (18) inches from the face of the building wall. (3) The sign shall not exceed the height of the wall of the building to which it is attached. (4) The sign shall not be lighted except by reflective flood light type illumination. There shall not be any flashing or intermittent lights. (5) No sign shall exceed 10 percent of the area of the wall to which it is attached, or 150 square feet, whichever is less. 4) Signs in Commercial and Industrial -MD Districts: Signs shall not be permitted in Major/Dowlen/Gladys/Hwy. 105 Overlay commercial and industrial districts except as specifically authorized in this section. a) One (1) detached owner -identification monument sign, and one (1) additional detached monument sign for each thoroughfare more than one (1) that abuts the property, shall be permitted subject to the following conditions and restrictions: (1) The sign shall not be greater than six (6) feet in height - the maximum height being measured from the point established by a perpendicular line connecting the crown of the roadway immediately abutting the property on which the sign is to be installed with the sign's nearest vertical support to the property line. (2) The sign shall not exceed sixty (60) square feet in area. (3) All parts of the sign may be located at the street right-of-way and shall be located a minimum of ten (10) feet from any other property line. (4) The sign shall not have flashing lights or any type of intermittent illumination. (5) The sign shall meet the wind load requirements of 4 the Building Code. b) One (1) detached owner -identification monument sign, and one (1) additional detached monument sign for each thoroughfare more than one (1) that abuts the property, shall be permitted for multi -tenant structures subject to the following conditions and restrictions: (1) The sign shall not be greater than twenty (20) feet in height - the maximum height being measured from the point established by a perpendicular line connecting the crown of the roadway immediately abutting the property on which the sign is to be installed with the sign's nearest vertical support to the property line. (2) The sign shall not exceed two hundred (200) square feet in area. (3) All parts of the sign may be located at the street right-of-way and must be located a minimum of ten (10) feet from any other property line. (4) The sign shall not have flashing lights or any type of intermittent illumination. (5) The sign shall meet the wind load requirements of the Building Code. C) One (1) attached owner -identification sign, plus one (1) additional attached sign for each thoroughfare more than one (1) that abuts the property, shall be permitted in west end overlay commercial and industrial districts , subject to the following restrictions: The sign shall be attached to or painted on the outside face of the building. The attached sign shall be erected parallel to the face of the building, supported by the building and shall not extend more than eighteen (18) inches from the face of the building wall. The sign shall not exceed the height of the wall of the building to which it is attached. The sign shall not exceed 10% of the area of the wall to which it is attached or 150 square feet, whichever is less. The sign shall not have flashing lights or any type of intermittent illumination. For multi -tenant buildings, the effective area 5 regulations apply to that portion of the building facade leased by each tenant. d) Exemptions: The following signs are exempted from the requirements of this section: (1) Changing of permitted copy of an existing bulletin board, general advertising poster or paint panel(s), display encasement, marquee, flat sign, detached sign provided no increase occurs with respect to either the area or nay such sign or the manner in which it is structurally supported. (2) Signs on trucks, buses or passenger vehicles which are used in the normal conduct of business. (3) Name plate and street address signs, less than three (3) square feet in size. (4) Non -illuminated real estate signs, temporary in nature, not exceeding more than eight (8) square feet in area, advertising real estate for sale or lease or announcing contemplated improvements of real estate; provided that only one such sign shall be permitted on each street fronting the property. (5) Construction signs, not to exceed forty (40) square feet in area and not located in any required yard, denoting the owner, architect, financial institution, general contractor, subcontractor, or any statement pertaining to the project; provided that there is only one sign for each street abutting the premises. (6) Warning, security and traffic directional signs less than eight (8) square feet in area and four (4) feet in height. (7) Election signs temporary in nature, 60 days maximum, less than eight (8) square feet in area and five (5) feet in height and not illuminated, when placed within a residentially zoned area. Election signs must be removed within 10 days after the election. (8) Grand opening signs, not exceeding twenty (20) 6 square feet in area when it is an attached sign and not exceeding twenty (20) square feet in area and five (5) feet in height when it is a detached sign. The sign shall contain the words "Grand Opening" only and must receive a fifteen (15) day building permit from the City of Beaumont. (9) Traditional and seasonal national, state and religious holiday displays erected without advertising shall not be subject to the provisions of this chapter, but shall be subject to the fire code and of the City of Beaumont. (g) Continuation of nonconforming signs 1) All legally existing nonconforming permanent signs (including off - premise advertising signs) shall be allowed to exist for a period of seven (7) years from the effective date of this Section. At the end of that time period, all nonconforming signs shall be removed or altered to comply with these regulations. However, signs which are fifty percent (50%) or more structurally deteriorated shall be either removed or altered so as to comply with this Section. Signs shall also be removed or altered so as to comply with the regulations of this Section in instances where a change in use, occupancy, or ownership occurs which necessitates the altering of the sign in any manner. • Li E-Aw— l— .wt� Z 'PROPOS '� N•�c` r,c,,.ro•ow J� �-u.eorn■■ / wc./r,>. / wawnt•o .l.wttoot JI""ro � .ww � i c•rnlrru u ar..ro .o PERL w a �a °rc• d� o.a p n.t � 4 gaY µrrl° °" •piP� � tot! u 1 w•aoa p L j1 '4 i d Itwo a w 4 r lFwrrpt �� i i 0 105 .aw.t HWY.105 7 0 � Q 1NRplY WYJ i O •�tt� 0l t . w.werat a Tv � t A "..au..wl/. d' 13 trot{ _ i NE Gk's w aw`itawri Z w ac'°t'r w r w tuatr/.// ta■ 3 w tw.ol � ta...,. i OA.K l M °'•t c nw e r.om a www{ en G w wl.p■Mw0 I Ct°t•rwo■ t COt{t.{0 M MOrrt/KR1 a ■ Man a�C"I p Y {ice a ■tDugior "me& a weu w i ruu•rt.tt p l rw. a tlnitl,al t t a �rtr �4s m ..wtw mew- s >, tulaurw rw,� R{wwrOw ) j 7! GLADYS " d i aort+tt "eww 4 \fit t M r.00N 1 I oa rows i " C0u~ w.rr gi f Wtllbp! Ilt� twtON . L I tr.wap \ C • t • u e c i u 11 Ytl u rorn." u.ri i ,i oourw I i w.n wrat{ti o �tH` u ■spas{ ,l torwi � I .r:towr q l tw•W. rgtaw tl,l.Niw �p � l.aa ■t a.ew■ts ti t • ~ 0o b a aotow. ti !EA MONT wt+• •r ` 1 MUNICIPAL "" r Ir•r/ . ca.t. AIRPORT ;.te.e: Tw ry/ a g : CA�W M T rowa/tau yY A t twrin.a t .st a n■ t.0 �— _ .o wo,wrp Mawr - •r • t.uiioa \ ao.aaa.00■ . • n.a■ai p • OrotMa u i ! lala.11 w CA -V • pWpioaw M e.wr{wtr o .orios tans{{{ rt■r r urnt.a/r yay � t ta< {unset h � .Wt1[! t/ui a t 1{M.ti lw ■aartip I . s000 � I {.w.ort C uatll ti � i Y 1 • Il � wr t i N s - •utl==t }I i1 s Li E-Aw— l— .wt� 0 0 maw. 41ar,h ill, for • 1 ITALIAN GRILL r r r The Law Office of Sam -mel and Associates ► / / \ 1l lc Park t,e r�ur sys�s Imo. �a Axel � SU«z B5,-'O- "411W scti� Beaumonr. Texa> 77701 Attorney and Counselor at Law Phone: 1409) X33-4111 Fax: (4N) ti3�,220 December 10, 1999 Stephen J. Bonczek City Hall 801 Main Street Beaumont, Texas Re: State Bar Of Texas Opinion Dear Mr. Bonczek: In an effort to safeguard the integrity of the office of Beaumont City Councilman, I requested an opinion from the State Bar Of Texas Ethics Department concerning my ability to serve in the position of City Councilman and represent clients having criminal cases that involve Beaumont Police Department Officers. ( see attached opinion ) They concluded that my representation of a client that involves a Beaumont Police Department officer while serving on the Beaumont City Council would be permissible if there is full disclosure to each party, client and the city, and both parties give consent. 1 would like to bring this matter to the attention of the full council for discussion and possible resolution as soon as possible. Thank you for your time and consideration. Sincerely, 4111�1�� Audwin M. Samuel *Opinion 497 August 1994 Tea. Comm. on Professional Ethics, Op. 497, V. 57 Tea. B.J. 1136 (1994) QUESTION PRESENTED 1. May Attorney X, while serving as a city commissioner on the city commission of a homerule Texas city, represent persons charged with criminal offenses in the county and district courts where the city police department participates in the investigation and/or arrest of the defendant? May Attorney Y, his law partner, represent such persons? 2. May Attorney X represent persons charged with criminal offenses in the county and district courts where members of the city police department are victims (i.e., assault on a peace officer)? May Attorney Y represent such persons? 3. May Attorney X represent persons charged with criminal offenses in the county and district courts where the arrest and/or search warrant in the case is issued by the city judge? May Attorney Y represent such persons? FACTS Attorney X is a partner in a two -person firm in a small Texas city. Attorney X also serves as a city commissioner on the city commission of this same homerule Texas city. The city has a city manager form of government. The city commission hires only the city manager, city judge, and city attorney. All other city positions are filled by the city manager under the city's charter. The city commission does set the police department budget and appoint members to the civil service commission who hear police disciplinary appeals, but has no control or input into the police disciplinary appeals process other than the confirmation of appointments to the civil service commission. Attorney X and his partner Attorney Y have a criminal and civil trial practice and take criminal cases both on a retained and court appointed basis. DISCUSSION The applicable rules of the Texas Disciplinary Rules of Professional Conduct which govern this situation are Rules 1.06(b)(2), 1.06(c)(2) and 1.06(f). Rules 1.06(b)(2) prohibits the representation of a person if the representation reasonably appears to be or becomes adversely limited by the lawyer's or law firm's responsibilities to another client or to a third person or by the lawyer's law firm's own interests. Although Attorney X does not exercise control over the day to day operations of the city police department, as a City commissioner, he appoints the city manager, who does ultimately direct the activities of the police department. Certainly, the actions of police officers within a city reflect upon the city commissioners. By representing a person charged with criminal offenses where the city police department participates in the investigation and/or arrest of the defendant, or where the police officers are victims of a crime, Attorney X places himself in a conflict between protecting the city's (and since he is a commissioner, his) interests and in protecting the interests of his client. This situation would also place the police officers in the awkward position of performing their job duties while dealing with a city commissioner who is acting as an attorney in the case. As a city commissioner, Attorney X exercises even more control over the city judge than he does over the police officers. The city commission actually hires the city judge. The actions of the city judge in executing the arrest and/or search warrant, and any other action taken by the judge would necessarily affect the welfare of the Attorney X's client. However, if the judge did not perform his job properly, the welfare of the city, and hence that of the city commission which is the personal interest of Attorney X, would be affected. A similar issue was addressed in Ethics Opinion 429, wherein it was decided that a parttime associate city judge may not represent a person accused of a crime where the police in that city are or may be potential witnesses in the trial of that case. Attorney X is a public officer, and, or such, is held to a high standard of integrity (Comment 7, Rule 8.04). Having an attorney who is a city commissioner involved in representation of criminal defendants in which employees of the city are involved creates a conflict between the client's interests and city's interests as well as the attorney's own interests. Such representation violates Disciplinary Rule 1.06(b)(2). Further, since Attorney X may not represent these criminal defendants, neither can his partner, Attorney Y. See Rule 1.06(f). However, Rule 1.06(c) provides for the affected parties to consent to such representation. If lawyer X believes that the representation of his client will not be materially affected by his service as a city commissioner (and vice versa), and both the client and the city consent to such representation after full disclosure of the existence, nature, implications, and possible adverse consequences of the common representation and the advantages involved, if any, such representation would not be in violation of the Disciplinary Rules. CONCLUSION The representation of a private client by Attorney X, who is also a city commissioner, and Attorney Y, the law partner of Attorney X, in any of the three proposed situations would be a violation of Disciplinary Rule 1.06(b), unless all parties give appropriate consent after consultation and full disclosure pursuant to Rule 1.06(c). • • WORK SESSION ITEMS CLEAN COMMUNITY DEPARTMENT • • A • • INTER -OFFICE MEMORANDUM City of Beaumont, Texas TO: Stephen J. Bonczek, City Manager FROM: John Labrie, Clean Community Director SUBJECT: FLEXIBLE WORK SCHEDULE - REVISED 12/02/99 DATE: NOVEMBER 24, 1999 COMMENTS: The Clean Community Department has targeted February 7, 2000 to begin a flexible work schedule that provides for four ten (10) hour work days per week for most employees. The flexible schedule will provide incentive for employees, improve morale, increase productivity, and improve quality while providing the same quantity of service to citizens. All employees have enthusiastically endorsed the flexible schedule. The change will affect some citizens because waste collection days will change for some. Preparations are underway to notify all customers of collection day changes. We are planning a direct mailout, news media coverage, and use of the City of Beaumont T.V. station (Channel 4). This change will also allow us to do efficiency routing that is needed due to the population shifts from one area to another since the last routing change in February 1992. We have developed a work schedule for all divisions in the department as follows: Garbage, Bulky Waste, Small Yard Waste, and Recycling All employees Monday through Thursday 7:00 a.m. to 5:30 p.m. 10 hour days Half ('/2) hour lunch • • • Page 2 Interoffice to Stephen J. Bonczek November 24, 1999 Landfill Neighborhood Services Landfill Superintendent • Monday through Friday • 7:00 a.m. to 4:00 p.m. • One (1) hour lunch Supervisor, 50% of Equipment Operators and Gate Attendant • Monday through Thursday • 7:00 a.m. to 5:30 p.m. 4ervisor, Half ('/z) hour lunch 50% of Equipment Operators and Gate Attendant • Tuesday through Friday • 7:00 a.m. to 5:30 p.m. �wo Half ('/2) hour lunch (2) Compost Equipment Operators • Wednesday through Saturday • 7:00 a.m. through 5:30 p.m. • Half ('/2) hour lunch Superintendent and one (1) Clerk • Monday through Friday • 8:00 a.m. through 5:00 p.m. �ode One (1) hour lunch Enforcement Officers, Sub -Standard Housing personnel, Grass Maintenance personnel • Monday through Thursday • 7:00 a.m. through 5:30 p.m. • Half ('/2) hour lunch Field Supervisor and Clerical Staff (3) employees) • Monday through Thursday • 7:00 a.m. to 6:00 p.m. • One (1) hour lunch • CJ • Page 3 Interoffice to Stephen J. Bonczek November 24, 1999 Administrative Department Director, Operations Manager, Clerical Supervisor, and Clerk • Monday through Friday • 8:00 a.m. to 5:00 p.m. • One (1) hour lunch Administrative Assistant II • Monday through Thursday • 7:00 a.m. to 6:00 p.m. • One (1) hour lunch Section 28-21.4 of the Code of Ordinance (attached) is the only ordinance that will require a change. I would suggest that we notify the City Council of the proposed flexible schedule at the December 7, 1999 Workshop and request the ordinance change at a later date. If you have questions or need clarification, please notify me. ohn Labrie JL:Ijw cc Glenda Lundy, Human Resources Director Rosa Thomas, Human Resources 11 City of Beaumont ww_ 1 .. K. � Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: John Labrie, Clean Community Director MEETING DATE: December 14, 1999 AGENDA MEMO DATE: December 8, 1999 REQUESTED ACTION: Amend the last sentence of Article H (Solid Waste Disposal) Section 28-21.4 of the Code of Ordinances to read: During weeks containing observed holidays, collections shall be moved back one day after the holiday necessitating F,4�*AA i Friday collection. RECOMMENDATION The administration recommends that Council approve the amendment of Article H, Section 28-21.4 of the Code of Ordinances. BACKGROUND The administration is proposing to change the solid waste residential collection schedules from Monday through Friday to Monday through Thursday beginning February 7, 2000. The purpose of the change is to create a four (4) day, forty (40) hour work week that will improve employee morale, reduce absenteeism, improve operating efficiency, and eliminate the need to work Saturdays during weeks when holidays are observed by City employees. This change will not affect the frequency or level of service to citizens. Weekly collections of waste will continue on a weekly basis. Collection days for some citizens will change due to reducing the schedule from five (5) days to four (4) days. Four (4) ten (10) hour workdays is the most common schedule in the solid waste management industry across the country. BUDGETARY IMPACT None. PREVIOUS ACTION None SUBSEQUENT ACTION A comprehensive notification program will be conducted during January 2000 to advise all citizens of collection schedule changes. RECOMMENDED BY: City Manager and Clean Community Department Director RECOMMENDED MOTION: Approve/Deny amendment of Article H, Section 28-21.4 of the Code of Ordinances. • • • V1 October 13, 1999 0 INTER -OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS TO: Stephen J. Bonczek, City Manager FROM: John Labrie, Clean Community Director SUBJECT: PROPOSAL TO INCREASE REVENUES BY SELLING LANDFILL SPACE COMMENTS: The Clean Community Department has been deficit budgeting for the past two (2) years. To increase revenue without rate increases, we could sell landfill space to others. Currently only 18% of the waste entering the landfill is charged disposal fees. The remaining 82% is hauled by city trucks and non-paying customers such as citizens, Drainage District 6, and Goodwill Industries. Landfill revenue and expense data follows: E.Y. M ACTUAL EY M PROJECTED Revenues $589,000 $644,000 Expenses 951,000 927,00 Revenue Shortage <$362.000> <$283.000> If the waste hauled by paying customers is increased by 100,000 cubic yards per year, it would generate $500,000 annually without any additional operating expenses. However, the life of the Landfill will be reduced from 21.5 years to 18.7 years. During F.Y. 1999, the landfill received 850,000 cubic yards of waste and $644,000 of revenue. An additional 100,000 cubic yards would be a 12% increase in waste resulting in a 78% increase in revenue. An additional $500,000 a year for 18 years represents $9,000,000 in exchange for three (3) years of life. Page 2 Interoffice to Stephen J. Bonczek October 13, 1999 To address the question of "what happens after the Landfill reaches full capacity," the City currently owns 250 acres of land adjacent to the southern boundary of the Landfill. This 250 acres would be proposed as the next landfill site. It would be the most cost effective site since the City owns the property and it would be the easiest to permit since it would be located adjacent to an operating permitted landfill without residential housing, schools, churches or other public facilities in the immediate area. It is my recommendation that we solicit contracts for waste disposal for a maximum of 100,000 cubic yards annually. In effect, we would be selling three years of space for $9,000,000. 1 feel that this direction would be in the best interest of the City and a prudent business decision. Please notify me if you would like to discuss this proposal or would like additional information. hn Labrie JL:Ijw • ,%`��o, A IL INTER -OFFICE MEMORANDUM City of Beaumont, Texas October 13, 1999 TO: Stephen J. Bonczek, City Manager FROM: John Labrie, Clean Community Director SUBJECT: REPORT ON CURBSIDE RECYCLING COMMENTS: City wide curbside recycling began in February 1992. Since that time the program has experienced ups and downs in participation by residents, volume of materials recycled, and market conditions. Over the years the department has addressed those ups and downs by implementing program changes to address the various situations. Following is a brief history of curbside recycling: 11/90 Began pilot curbside recycling program that served 1,500 homes or 5% of total residential customers. Began once -a -week garbage collection in pilot program areas. 02/92 Began citywide curbside recycling program. Contracted with BFI to provide the collection at $1.335 per household per month. Annual contract cost of $525,000. 08/93 Selected by the State as one of five cities to be designated as a "Clean Cities 2000 City". With this designation came $400,000 of unsolicited cash. Selection was made based upon research by TNRCC personnel into SWM programs. • • Page 2 Interoffice to Stephen J. Bonczek October 13, 1999 02/94 Per BFI contract, cost escalated to $1.43 per household per month. Annual contract cost $550,000. 02/95 Collection changed to bi-weekly. Entered into new contract with BFI at $25,000 per month for six months. BFI retained 100% of proceeds from the sale of product. 07/95 City Council approved collection of recyclables by City employees. Estimated annual cost of $300,000 per year. 09195 Contract awarded to BFI for one month's collection at $27,200. BFI to continue collection through 10/30/95. City retains 100% of the proceeds from sale of product estimated to be $13,000. 11/95 City employees began collection using modified equipment. 01/96 Official kick-off curbside recycling program totally operated by the City with recycling trucks. Dropped colored glass from the program, added paperboard/cardboard. 05/96 Returned to weekly collection in an effort to increase participation and volume. 07/97 $90,000 contract awarded to Haynes and Associates, a public relations firm, to do a comprehensive recycling promotion and education campaign that included radio, t.v., and newspaper advertising and direct mailouts to all customers. Grant funds were used to pay for the contract. Page 3 Interoffice to Stephen J. Bonczek October 13, 1999 10/98 Dropped glass, plastic, and steel/tin cans from the program. Reduced collection crew by two (2) employees and moved recycling coordinator into administration budget. 07/99 $93,700 awarded to Media Management, Inc. A public relations firm, to do a omprehensive recycling promotion and education campaign that included radio, t.v., and newspaper advertising and a direct mailout to all customers. Grant funds 0 were used to pay for the contract. Followingis recycling data b fiscal year: Y 9 Y Y Fiscal Year Set out Rate Volume (Tons) Cost ($) Revenue ($) Net Cost ($) ' Collection By 1993 33% 2,042 674,000 10,000 664,000 BFI 1994 33% 2,344 659,000 18,000 641,000 BFI 1995 27% 2,289 565,000 23,000 542,000 BFI 1996 24% 2,068 370,000 86,000 284,000 City 1997 20% 2,325 388,000 90,000 298,000 City 1998 18% 2,328 360,000 105,000 255,000 City 1999 15% 1,620 273,000 30,000 243,000 City As shown above the cost of recycling was dramatically reduced when the City took over collections. However, the cost/benefit is still of concern to the department. 1,620 tons of F.Y. '99 recycled waste disposed in the landfill would use 2,593 cubic yards of landfill space. During F.Y. '99, total landfill space used was 230,000 cubic yards. If 1,620 tons Page 4 Interoffice to Stephen J. Bonczek October 13, 1999 of recycled waste was put into the garbage cans, 100% of recycling cost would be saved and landfill space usage would increase by 1.1 %. To put it another way, it would take 89 years of recycling to use one (1) year of landfill space at the current volumes of waste disposal and recycling. SUMMARY OF ABOVE PARAGRAPH • F.Y. '99 recyclables collected 1,620 tons • Recycling collection cost $273,000 • Revenue from the sale of curbside recyclables $30,000 • Net curbside recycling cost $243,000 • Additional garbage collection cost if recyclables were in garbage cans 0 • Additional landfill space consumption if recyclables were in garbage cans 2,592 cubic yards • Total landfill space consumption - F.Y. 99 230,000 • % of landfill space recyclables would use 1.1 % • Years of recycling to consume one year of landfill space 89 years Since 1990, we have done numerous promotional and educational programs to improve citizen participation with little success. Whenever there is a change in the recyclable products that are collected, the State (TNRCC) and end users of the products voice concern about "taking -a -step backwards." However, these entities are not concerned with the collection cost because this collection cost is usually paid by local governments. Collection cost is by far the most expensive component of recycling. The collection of recyclables cost the City of Beaumont approximately $150 per ton, garbage collection cost approximately $20 per ton, and heavy trash/yard waste collection cost approximately $23 per ton. The Clean Community Department is providing this information to seek direction for the future of the Recycling Program considering the department's budgeted expenditures exceed budgeted revenues. Following are alternatives for consideration: 1. Continue the program as is at a net cost of approximately $250,000 annually. Page 5 Interoffice to Stephen J. Bonczek October 13, 1999 2. Continue the program as is and increase the monthly solid waste fee by $.65 to cover the cost of recycling. The current fee of $10.85 per month would increase to $11.50 per month. 3. Implement a citizen drop-off program at a specified site or multiple sites. Citizens would be required to bring materials to the site and a City employee would receive the material and provide assistance to citizens. The cost of this type operation would be approximately $35,000 per year per site. Drop- off sites usually collect only a small amount of material because of inconvenience to citizens. 4. Citizen drop-off sites without an employee. These sites usually end up with materials contaminated with garbage and trash resulting in everything going to the landfill. The cost of an un -manned site(s) would be approximately $10,000 per year. 5. Eliminate the program and save approximately $250,000 annually. This would probably result in public outcry from environmentally conscious citizens. If the curbside program is eliminated and a recycling program is to be maintained, the department would recommend alternative three (3) above because it would provide an opportunity for citizens to recycle although much more effort would be required by citizens. The drop-off center(s) could be operated for a one (1) year period and evaluated to determine if it should continue. Records would be kept to track the number of users and the volume of materials. It is also recommended that only the items currently collected, paper products and aluminum cans, be included in the program due to poor market conditions for other products. Any of the five (5) alternatives is acceptable to the department. As in the past, we will continue to do the best that we can to maximize the effectiveness of all that we do. n Labrie 0 JL:Ijw • WORK SESSION ITEMS FIRE DEPARTMENT • INTER -OFFICE MEMORANDUM --------------------- City of Beaumont, Texas Fire/Rescue To: Stephen J. Bonczek, City Manager From: Michel G. Bertrand, Fire Chief Subject: Revenue Generation COMMENTS: Date: December 10, 1999 A number of fire service areas have been evaluated for potential revenue generation. This memo does not reflect the potential impact upon public relations and economic development. The following areas could be considered for the generation of revenue: Spill/Leak Control/Hazard Mitigation • situations involving a washdown or cleanup of minor spills. The Fire Department responded to 153 calls for spills involving a washdown with bioremediation substances in the past 12 months. A large number of these were the result of leaks caused by auto accidents. A fee can possibly be charged to the auto insurance company. Billing contractors have no written recommendations for fees for this service. The Fire Department recommends $200 for this service. • response fee for patching or plugging leaks on vehicle fuel tank. Statistics are not currently available for number of responses to these situations. Billing contractors have no written recommendations for fees for this service. The Fire Department recommends $200 for this service. Standby Situations situations involving the potential release of hazardous materials. The Section 2201.3.2.1 of the Fire Code of the City of Beaumont allows the city to recover costs associated with responses to releases of hazardous materials. An ordinance can be developed to address charging a fee for standby at incidents involving the potential for release of hazardous materials. The Department currently charges a fee for services provided at incidents involving releases of hazardous materials. The Fire Department responds to less than five serious calls annually with fees ranging from several hundred to several thousand dollars per incident. • situations involving downed power lines where the utility company has an excessively long response time. Responses by Entergy to incidents involving downed energized electrical lines may be 10 to 30 minutes in length when experienced after normal business hours. The response times can greatly increase during periods of inclement weather. The Fire Department responded to 26 calls in the past 12 months. Of the 26 calls, approximately 16 resulted in response times for utility companies exceeding 30 minutes in length. The number of calls indicated reflects only downed power lines; other situations requiring a Fire Department standby and response by Entergy are not reflected in this data but should be considered. Billing contractors have no written recommendations for fees for these standby services. Stephen J. Bonczek, City Manager December 10, 1999 Page 2 • situations involving ruptured or leaking pipelines where the owner has an excessively long response time. Entex has been providing a reasonable response time for requests for assistance. Pipeline companies also have been providing a rapid response even if it is questionable about the line ownership. Statistics are not currently available for number of responses to these situations. Fees can be established for billing when response times exceed a reasonable length. Inspection and Certificate Fees • fee for businesses requiring Fire Marshal approval before licensing by a state regulatory agency. Although no data is currently available, a large number of businesses in the City require annual inspection by the Fire Marshal prior to issuance of this license. Although inspections are currently conducted at these businesses on an annual basis, no fees are being charged for this service. The Department recommends $50 per occurrence. • fee for inspection of facilities that have "in lieu of tax" agreements with the City. Although the City provides fire protection to these facilities there are no requirements for an annual inspection to reduce fire hazards at these locations. The contracts between the City and these facilities can be amended to require an annual inspection followed by a fee for this inspection. The Department has no recommendation for this fee. • fee for fire flow tests conducted by the Department for construction or fire protection systems as a requirement for certificate issuance. The Fire Marshal's office estimates that approximately 50 tests are conducted by the Department annually. There is currently no fee charged for this service. Fire Suppression Activities • fee for responses to vehicle and structure fires located outside the city. Although data is not readily available, the Fire Alarm office estimates approximately 10 calls per year. Contract billing services recommend $500 per incident. • fee for fire department services provided to nonresidents, tax exempt properties, or businesses located outside the city. Although the Fire Department responded to approximately 12,000 calls in 1998 it is unknown how many fires, medical emergencies, rescue situations, public assistance calls, etc. involved nonresidents. • fee for salvage work or water evacuation. The Fire Department responded to 14 water evacuation calls in the past 12 months. The contract billing services have no written recommendations on fees to charge for this service. The Department may be competing with some area businesses if a fee is charged for this service. This service may compete with some area businesses. The Department has no recommendation for this fee. • fee for equipment standby of extended duration to fires involving unauthorized burning. This fee would be charged in addition to any fines levied against the responsible party. The Fire Department responds to less than five substantial calls annually. Contract billing services recommend $500 for the first hour and $250 dollars for each additional hour per apparatus at each incident. Stephen J. Bonczek, City Manager December 10, 1999 Page 3 Alarm Systems fee for excessive responses to residential and commercial occupancies for false fire alarm activations. The Fire Department responded to approximately twenty three -hundred false fire alarm activations in the past 12 months. Although statistics are not currently available, a portion of these are recurring responses. A fee of $150 per false call exceeding three per month is currently being charged by the West I-10 Fire Department (Houston) for residential alarms and $500 per call for commercial alarms. The size and complexity of the facility should be considered when determining fees for these excess false alarms. • fee for excessive responses to medical alert alarms. These responses are to private residences where an individual has contracted with a monitoring company to automatically notify Fire and EMS if the alarm is activated at the residence. The Fire Department frequently responds to these alarms and arrives to discover that the resident is away and has failed to adjust the device for their absence. Data for this type of response and associated fees is not currently available. • fee for agencies that inspect alarm systems, sprinkler systems, or other similar devices, place them out -of -service and neglect to notify the Fire Marshal's office. Although data is not readily available, the Fire Marshal's office estimates 30 to 50 situations per year and recommends a fee of $500 per occurrence. Heavy Rescue Services • extrication of persons entrapped in vehicles which require the use of the "jaws of life." This fee may be charged against the vehicle owners auto insurance and can vary with the amount of equipment used in the extrication. The standard response to extrication calls is two Engine Companies and a Chief Officer. The Fire Department responded to 16 calls requiring the use of extrication tools in the past 12 months. Contract billing services recommend fees ranging from $500 to $1200 per call. extrication of persons in confined spaces or elevated structures which require the use of rope rescue systems. Although infrequent, confined space or elevated rescues require a substantial amount of resources and require replacement of equipment damaged during the rescue. The Fire Department may respond to less than five calls annually. Contract billing services advise that fees ranging from several hundred to several thousand dollars, depending upon the situation, have been collected per incident. C�` • WORK SESSION ITEMS CENTRAL SERVICES DEPARTMENT .7 • mBEAUMONT, TEXAS INTER -OFFICE MEMORANDUM City of Beaumont, Texas Central Services Department To: Stephen J. Bonczek, City Manager From: Kirby Richard, Central Services Director Subject: Beaumont Civic Center Complex Rental Rate Revisions COMMENTS Date: December 10, 1999 Article II. Civic Center Complex of the City's Code of Ordinances stipulates the rental fees for use of complex facilities. The facilities include Beaumont Civic Center, Julie Rogers Theatre, Fair Park Coliseum, • Harvest Club, North and South Exhibit Buildings, Fair Park Patio and Riverfront Park. Your consideration of revising this ordinance to increase the rental fees charged for the use of these facilities is requested. • The combined FY 2000 operating budget (Table 1) for the Beaumont Civic Center Complex (BCCC) is $1,312,500. Approximately 34% of the expenditure budget is funded from Hotel Occupancy Tax (HOT) receipts. State law provides for HOT funds to be expended in a manner directly enhancing and promoting tourism and the convention and hotel industry. The remainder of the operating budget is funded by community facilities income, and by a subsidy from other General Fund revenue sources. Revenue from facility operations is estimated at $533,000 for the fiscal year. According to current expenditure and revenue projections, an operating shortfall of $338,000 must be funded from General Fund balances. Tnhly I- FY 2000 F..vtimated Expenditures Description General Fund Hotel Occupancy Tax Fund Total Expenditure Budget Wages/Benefits $ 726,000 $ 90,000 $ 816,000 Operating/Repair/Maintenance 91,800 94,000 185,800 Utilities/General Services 50,300 255,000 305,300 Fixed Assets 2,900 2,500 5,400 Total $ 871,000 $ 441,500 $ 1,312,500 Beaumont Civic Center Complex Rental Rate Revisions • December 10, 1999 Page 2 In an effort to reduce the demands on General Fund dollars, and to more accurately recoup actual expenses, it is recommended that consideration be given to increases in the rental fees charged. The increased fee is more reflective of the actual costs incurred to operate the public facilities and the expenses associated with the preparation and cleaning for each rental. The proposed rates are not sufficient to recover the total expenses incurred from operations in order to allow citizens access to an affordable facility rental alternative. Attachment "A" provides the current rental rate schedule and the proposed new rates for your review. The rate structure currently in use was established in 1983. City Council amended the rates in 1995 by adding a fee schedule for the newly constructed barns adjacent to the Fair Park Coliseum and by increasing the Coliseum rental fee. The rate schedule presented lists the facilities that are available for public rental with rates divided by type of facility use. There are three types of facility uses or events for which different rates have been established: commercial, noncommercial, and conventions. Convention uses are events sponsored by organizations which are registered with the Convention and Visitors Bureau (CVB) and utilize the local hotel industry for overnight accommodations. Noncommercial events are those sponsored by the following • organizations, where the entire net proceeds from the event are retained by the sponsoring organization: ♦ Local nonprofit civic organizations; ♦ Local nonprofit fraternal organizations; ♦ Local nonprofit educational institutions; ♦ Local nonprofit religious organizations; ♦ Local charitable organizations. Rates are also determined by the length of facility use. There are three time durations for which different rates are charged. They are defined as follows: Matinee - Use of a facility beginning after 8:00 a. in. and ending before 6:00 p.m. Evening_- Use of a facility beginning after 6:00 p. in. and ending at midnight. All D - Use of a facility beginning before noon and ending after 6:00 p. in. In addition, overtime rates are charged for use of a facility after midnight. Along with the proposed rate increase, it is recommended that the overtime rate be imposed for rental activities between the hours of 12:00 a. m. and 7:00 a. m. Often, BCCC staff is required to perform required activities prior to an early morning rental. At this time, there is no defined policy for charging for the additional services prior to the event. By instituting the proposed rate schedule, it is estimated that $58,500 in additional annual rental income will • be generated. This estimate is based on the same level of rental demand as in FY 1999. The additional revenue represents a 17.4% increase in the $337,000 event income budget for FY 2000. Total annual BCCC revenue, including rental/event income, concessions, parking, and box office charges is estimated at $533,000. Beaumont Civic Center Complex Rental Rate Revisions December 10, 1999 Page 3 Attachments `B" through "E" represent industry rates for facility rentals throughout Texas. Various facilities were polled to provide a comparison of rental fees charged with those currently in effect at the BCCC. Due to the complexity of facility comparisons (i.e., size, seating capacity, and length of use), it is often difficult to make an apples -to -apples fee correlation. However, the information presented demonstrates that current BCCC fees are generally less than those charged at comparable facilities throughout the state. If you require any additional information, please call. 40 I* 0 • I • ATTACHMENT A RENTAL RATES CIVIC CENTER COMPLEX FACILITI' f' TIlViE : �T PROPOSED 1. CIVIC CENTER Commercial, except trade shows, etc. $1,000/10% $1,500 / 10%i Non -Commercial, except trade shows, etc. Matinee $600 $700 Non -Commercial, except trade shows, etc. Evening $800 $950 Non -Commercial, except trade shows, etc. All Day $1,000 $1,200' Conventions 500 _6001 Trade Shows, etc. (Commercial) $800 /.06 / 10% $950 /.08 / 10%I Trade Shows, etc. (Non -Commercial) Matinee $600 $700 Trade Shows, etc. (Non -Commercial) Evening $800 $950 Trade Shows, etc. (Non -Commercial) All Day $1,000 $1,200 2. CIVIC CENTER MEETINGROOMS Commercial Matinee $50 $75 Commercial Evening $100 $125 Commercial All Day $150 $2001 Non -Commercial Matinee $25 $50 Non -Commercial Evening $50 $75 Non -Commercial All Day $75 $100 3. JULIE ROGERS THEATRE Commercial $600/10% $750/10% Non -Commercial Matinee $200 $400 Non -Commercial Evening $400 $500 Non -Commercial All Day $600 $700 Conventions $200 $3001 4. JULIE ROGERS THEATRE' MEETING ROOMS Commercial Matinee $50 $75 Commercial Evening $100 $125 Commercial All Day $150 $200 Non -Commercial Matinee $25 $50 Non -Commercial Evening $50 $75 Non -Commercial All Day $75 $100 5. FAIR PARK COLISEUM Commercial, except trade shows, etc. $1,000/10% $1,100/10% Non -Commercial, except trade shows, etc. Matinee $300 $350 Non -Commercial, except trade shows, etc. Evening $400 $450 Non -Commercial, except trade shows, etc. All Day $500 $550 Conventions $500 $550 Trade Shows, etc. (Commercial) $800 /.06 / 10% $900 /.07 / 10% Trade Shows, etc. (Non -Commercial) Matinee $300 $350 Trade Shows, etc. (Non -Commercial) Evening $400 $450 Trade Shows, etc. (Non -Commercial) All Day $500 $550 6. BARN A Without Coliseum Matinee $100 $125 Without Coliseum Evening $100 $150 Without Coliseum All Day $100 $175 With Coliseum Matinee $50 $100 With Coliseum Evening $50 $125 With Coliseum All Day $50 $150 • 10 10 7. BARN B Without Coliseum Without Coliseum Without Coliseum Matinee • $150 Evening $200 All Day $300 $175 $225 $350 With Coliseum Coliseum With Coliseum Matinee 1 $100 Evening $150 All Day $200 $1251 $175'1 With $225' 8. BARN C Without Coliseum Without Coliseum Without Coliseum Matinee $100 Evening $100 All Day $100 $125' $150 $175 With Coliseum With Coliseum With Coliseum Matinee $50 Evening $50 All Day $50 $100 $125 $1501 9. HARVEST CLUB Commercial Commercial Commercial Matinee $500110% Evening $500/10% All Day $500110% $650/10% $650 / 10 $650/10% Non -Commercial Non -Commercial Non -Commercial Matinee $200 Evening $250 All Day $400 $300 $350 $500 Conventions $200 $400 10. NORTH & SOUTH EXHIBIT BUILDINGS Commercial All Day $100 $200 Non -Commercial Per Building $100 $200 11. PATIO ercial All Day 0 Non -Commercial All Day $150 12. 'OVERTIME HOURS (AFTER MIDNIGHT OR PRIOR TO TAM.) 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M M� M M� M M� M M p p O p � bq 44. 64 64 et v1 OO 00 .. 6 ,.,,, 64 00 U \O 0000 \�O 0000 "0 0000 �.O 00 \�O 00 6A 64 ^ O N 0 N N N" CAU) N" �" H U) y y N N N N O O O It 110 00 qT 0 "O ON [- �o M 00 O W N O O O v1 M p en � N M v) O Q •0 ani U > v y UU °� U 0 o o a � o a � w z N � w w a ' z U a � U a � F z z o d I• •Sl w A A U W z O 0 O O_ N d O 0 o �' ------- U ----------------------------------------------------------------------------------------------- 00ooo000o0 p p p p ER w C:o 0 ONI0en NN0Nopo �r 64 " 6A 6NA M 69 � a) 69 6f9 r- 6604 664 fio� 66 z ) c6 ,GOCas , o,aZ's , aa. , acs, Q Vii M M M M \W) M M- M M \� M M 00 z ------- ----------------------------------------------------------------------------------------------- Oo000OOOOOO o O M_ Cp o CN Qci O IRTN O 0�0 O p O > > _ _ 00 64 69 M 6A 6A 0000 6A64 'n 6A 6A M 64 6A681 ,�, ,� O O O O en 64 Z aa� as as ca. o, aa. aQ aQ Vot-000 0 0 O o O O O O O O O O O-4 ^.4 N M M 0. 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O O zW dd u O O O 0 O � O A4 a 2 � 5� O o c 6464 -v -v k V, M6� p 'C O 00 E9 N �� y�q ------- ---------------------------------------------------------------------- w 2 "2"2 00 a a rTp►►[�� a� E..� o ° as a" N � ul1-4 CA U W e O y O N N N N p O O en ------- ---------------------------------------------------------------------- IDID � U U c u • lu CO,o WO O o O 4? � a o 0 0 0 0 E-+ O 00 OO p N l 01 O C) O 00 69 O kn O 69 b4 64 64 Ems!? r7 fR R - N O1 ~ F� jA 69 64 bA -------- ------------------------------------------------------------------------- 00 o O o o 1.4 b OO �CD O oo +�tno �-00 0 o o 00 0 0 aHooNO oW) O zo 0 0m06q� ofAo 0 o� o 0� U �U U rus 00 110 t— M N O O N N 00 N r V O OLnO Lw c A ;9 .4, „ O v cid O n • 79 z moo o 64444 z -------- --------------------------------------------------------------------------------------- fi y yf"r Gi CD O O 0 .y 'O V V ..yi V V •� .rA U "O ev C O O UV Q � � i ao t' U C 69 O 0 C �O t� Oc i O- 0 ovo,0000000voi C� 6A 64 O O O N 64 604 N M 69 6964 (04 ------- --------------------------------------------------------------------------------------- L) E"Cc T E N ON H C O N al .� 0 it i! r ` y M 00 --i N .-� ` O E iG k k N o 00 N m i� N N kn 000 k N N V U 0o N cc h W) -------- --------------------------------------------------------------------------------------- H p p U w v y �'' o p Qq O w rw r� • • a � o 1 O � a d H z x w w a • U U r�4 z 0 z ------ --------------------------------------- y H N MJA C) cc O N O O O O 0 0 O O C te) V ^ M U t- 6013, 601� 604 V) ------ --------------------------------------- ca G �o s COO � � cc OLn O N o N rOn w U3 O Q 00 °O i 00 N u0 00 U O "4 O c`1 N O O ------ b9 --------------------------------------- hry h U F- O to W C7 0 9 ATTACHMENT F CODE OF ORDINANCES ARTICLE H. CMC CENTER COMPLEX Sec. 20-20. Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this • article shall be as follows: All day: Use of a facility beginning before noon and ending after 6:00 p.m. Civic center complex: The Beaumont Civic Center and within the civic center, meeting rooms numbered 1 through 5; the Julie Rogers Theatre for the Performing Arts, and within the theatre, meeting rooms numbered 1 through 5; Fairpark Coliseum; the Harvest Club; the North and South Exhibit Buildings; Riverfront Park; and grounds contiguous to those facilities. event." Commercial event: Any event which does not meet the definition of a "noncommercial Evening: Use of a facility beginning after 6:00 p.m. and ending at midnight. Gross receipts: All monies received from the sale of tickets less admission taxes, excise taxes or sales taxes levied by the city, county, state, or federal government. Lease: The written, typewritten or printed document, with any amendments or supplements, signed by the lessee and the city under the authority and conditions as herein provided, which document grants permission to use a facility of the civic center complex. Local: Within the city. An organization will be considered "local" for purposes of this • article if a majority of its members are residents of the city. . Matinee: Use of a facility beginning after 8:00 a.m. and ending before 6:00 p.m. Net square feet: That space occupied by exhibits and exhibitors, not including aisles. Noncommercial event: An event sponsored by any of the following organizations, where the entire net proceeds from said event are retained by the sponsoring organization: (a) Local nonprofit civic organizations; (b) Local nonprofit fraternal organizations; (c) Local nonprofit educational institutions; (d) Local nonprofit religious organizations; (e) Local charitable organizations. Event staff. All employees necessary for any use of a facility other than management and operation staff, specifically including, but not limited to, security personnel and stagehands. (Code 1958, § 913-1; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83) . Sec. 20-21. Use rate schedule. The following rates will apply to the use of the civic center complex facilities: (a) The Civic Center: (1) Events other than conventions, trade shows, exhibitions and sales displays: a. Commercial: Minimum rental shall be one thousand dollars ($1,000.00) per all day or ten (10) per cent of gross receipts, whichever is greater; however, in consideration for city participation in furnishing facilities and other assistance, higher percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. b. Noncommercial (minimum rental): 1. Matinee .... $ 600.00 2. Evening .... 800.00 3. All day .... 1,000.00 0 I* However, in consideration for city participation in furnishing facilities and other assistance, higher minimum rentals or percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the City Manager. (2) Conventions, all day .... $500.00 (3) Trade shows, exhibitions and sales displays: a. Commercial: Per event day rental is eight hundred dollars ($800.00) or six cents ($0.06) per net square foot or ten (10) per cent of the gross receipts, whichever is greater. b. Noncommercial: 1. Matinee .... $ 600.00 2. Evenings .... 800.00 3. All day .... 1,000.00 (4) The use of incidental space within the civic center, i.e., dressing rooms, meeting rooms, etc., when used in connection with a rented use of the main room in the civic center, may be permitted without additional rental charge when said space is available and with the approval of the city manager or his designee. (b) Meeting rooms in the civic center: (1) Commercial: a. Matinee, per room .... $ 50.00 b. Evening, per room .... 100.00 C. All day, per room .... 150.00 (2) Noncommercial: a. Matinee, per room .... $ 25.00 b. Evening, per room .... 50.00 C. All day, per room .... 75.00 9 I* (c) The Julie Rogers Theatre for the Performing Arts: (1) Commercial: Minimum rental shall be six hundred dollars ($600.00) per all day or ten (10) per cent of gross receipts, whichever is greater; however, in consideration for city participation in furnishing facilities and other assistance, higher percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (2) Noncommercial (minimum rental): a. Matinee .... $200.00 b. Evening .... 400.00 C. All day .... 600.00 However, in consideration for city participation in furnishing facilities and other assistance, higher minimum rentals or percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (3) Conventions, all day .... $200.00 (d) Meeting rooms in the Julie Rogers Theatre: (1) Commercial: a. Matinee, per room .... $ 50.00 b. Evening, per room .... 100.00 C. Event day, per room .... 150.00 (2) Noncommercial: a. Matinee, per room .... $ 25.00 b. Evening, per room .... 50.00 C. Event day, per room .... 75.00 (e) Fairpark Coliseum and barns at the fairgrounds: (1) Fairpark Coliseum: 0 1• a. Commercial: Minimum rental shall be one thousand dollars ($1,000.00) per all day or ten (10) per cent of gross receipts, whichever is greater; however, in consideration for city participation in furnishing facilities and other assistance, higher percentage rates may be negotiated. Any deviation from minimum rental shall be approved by the city manager. b. Noncommercial (minimum rental): 1. Matinee .... $ 300.00 2. Evening .... 400.00 3. Event day .... 500.00 However, in consideration for city participation in furnishing facilities and other assistance, higher minimum rentals or percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (2) Livestock barns: a. Per day rental (without Coliseum) .... $ 100.00 b. Per day rental (with Coliseum) .... 50.00 (3) Multi-purpose barn: a. Without Coliseum: 1. Matinee .... $ 150.00 2. Evening .... 200.00 3. All day .... 300.00 b. With Coliseum: 1. Matinee .... $ 100.00 2. Evening .... 150.00 3. All day .... 200.00 (f) Harvest Club: • (1) Events other than conventions: a. Commercial: Minimum rental shall be five hundred dollars ($500.00) per all day or ten (10) per cent of gross receipts, whichever is greater; however, in consideration for city participation in furnishing facilities and other assistance, higher percentage rates may be negotiated. Any deviation from minimum rental shall be approved by the city manager. b. Noncommercial (minimum rental): 1. Matinee .... $200.00 2. Evening .... 250.00 3. Event day .... 400.00 However, in consideration for city participation in furnishing facilities and other assistance, higher minimum rentals or percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (2) Conventions, all day .... $200.00 (g) North and South Exhibit Buildings: Per all day, rental is one hundred dollars ($100.00) per building. (h) Riverfront Park: (1) Events other than conventions: a. Commercial: Minimum rental shall be five hundred dollars ($500.00) per all day or ten (10) per cent of gross receipts, whichever is greater; however, in consideration for city participation in furnishing facilities and other assistance, higher percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. b. Noncommercial (minimum rental): 1. Matinee .... $100.00 2. Evening .... 200.00 3. Event day .... 250.00 • However, in consideration for city participation in furnishing facilities and other assistance, higher minimum rentals or percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (2) Convention, all day, one hundred dollars ($100.00). (3) Pavilion only: Per all day, rental is fifty dollars ($50.00). (i) After midnight: When any of the facilities of the civic center complex are used after midnight, said use shall be at the following hourly rates plus additional charges equal to the cost of operating a staff: Civic Center, per hour .... $300.00 Civic Center Meeting Rooms, per hour .... 50.00 Julie Rogers Theatre, per hour .... 150.00 Theatre Meeting Rooms, per hour .... 50.00 Fairpark Coliseum, per hour .... 300.00 • Harvest Club, per hour .... 50.00 North/South Exhibit Buildings, per hour .... 50.00 (Code 1958, § 9B-2; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 79-85, § 1, 10-9-79; Ord. No. 83- 121, § 1(Exhibit A), 9-27-83; Ord. No. 95-60, § 1, 9-19-95) Sec. 20-22. Computation of rates for trade shows, exhibitions and sales displays; scope of services provided for fees. (a) Rates quoted for trade shows, exhibitions and sales displays are daily and based on net square feet. A set up and move out charge will be fifty (50) per cent of the daily rental. (b) All rates include the use of normal janitorial services for one performance per day, heat and air conditioning, overhead illumination and water as installed on the premises. Rates do not include special employees, license fees, booth equipment, electrical outlets and service and any other special equipment necessary for the presentation of a show. Arrangements for all special employees must be made with the director of the community facilities department. (Code 1958, § 9B-4; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83) Sec. 20-23. Additional charge if broadcast involved. Every applicant for a lease of any civic center facility shall, in such application, state whether he intends to broadcast or telecast any event, program or speech in any civic center complex facility. An additional broadcast fee may be charged at the discretion of the city manager or his designee. (Code 1958, § 913-14; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 78-44, § 3, 11-11-78; Ord. No. 83- 121, § 1, 9-27-83) Sec. 20-24. Times of payment of rental and charges. Fifty (50) per cent of the total rental is payable at the time of execution of the lease of any civic center facility. The balance of all rentals and fees must be paid seven (7) days prior to the final use of any of the facilities. If more than one request is received for the same facility on the same date, the city may require full payment in advance upon demand. All payments shall be nonrefundable in the event of cancellation by the lessee. Should any lessee fail to make the necessary payments as provided herein, all monies previously paid by the lessee shall become the property of the city and shall not be refunded. (Code 1958, § 913-9; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83) Sec. 20-25. Food and beverage concessionaire approval. • Any food and beverage served at the civic center complex facilities shall be served only by a concessionaire who has been approved by the city or with whom the city has a concession contract. (Code 1958, § 913-6; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83) Sec. 20-26. Use for convention. The director of the community facilities department may grant permission to use any of the facilities of the civic center complex to any corporation, association, club or society during an international, national, state or regional convention, seminar or meeting thereof which is a convention of record as recorded by or in the files of the International Association of Convention Bureaus or with the Convention and Tourism Bureau of the city, in accordance with the rental rates as set out herein. (Code 1958, § 913-7; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83) Sec. 20-27. Bond of commercial user. The city may require a bond of any person as a prerequisite to the rental of any civic center complex facility for commercial use if said person has failed to perform in accordance • with its contract with any facility in the United States within the last forty-eight (48) months, or has never entered into and performed successfully under a contract with any facility in the United • WORK SESSION ITEMS HEALTH DEPARTMENT • • :i BEAUMONT, TEXAS Health Department INTER -OFFICE MEMORANDUM City of Beaumont, Texas To: Stephen J. Bonczek, City Manager From: Ingrid Holmes, Public Health Director/ Subject: Proposal for Health Fee Increases COMMENTS Background Date: December 10, 1999 The Public Health Department has an annual operating budget of approximately $4,770,000. Resources available to fund its programs include about $870,000 in grant funds from the Texas Department of Health and $1,302,500 in . program fees. The program fees include about $960,000 for EMS activities and $342,500 for other services. The Health Department charges fees for a number of health related services. This includes annual permit fees for approximately nine hundred and fifty (950) food and beverage establishments including restaurants, retail grocery stores, school cafeterias, vending machines and temporary food establishments. Fees are also generated for Food Manager Certification courses offered by the Health Department. In addition, fees are generated by the department for a number of direct services including STD treatment, immunizations, flu shots, issuance of birth and death certificates, etc. As part of our Animal Control Program, fees are also collected for services such as impoundment and boarding of animals, dead animal removal and vaccinations for strays. Many of the fees collected by the Health Department have not increased since 1991, although the cost of providing services has steadily increased. In some instances, health related fees have not been increased for an even longer period of time. For example, food permit fees generally have not been increased since 1985. In reviewing our current fee structure, staff surveyed health departments in six (6) other cities or counties in Texas, comparable in size (based on population served), to Beaumont. Those surveyed included: Amarillo, Brazos County, Mesquite, Laredo, Waco -McClennan County and Abilene -Taylor County. Health fees collected by the City of Beaumont were compared to the respective fees collected by each of the cities or counties surveyed. (See the attached "Fee Survey" chart for comparisons). As indicated by the chart comparisons, recommendations for fee increases are comparable to fees generated by the agencies surveyed. Staff Recommendations Based on our review, staff recommends increases in a number of fees generated by the department. (See the attached • "Fee Schedule") Specifically, we recommend that the current fees for all licensed food establishments be increased by approximately 100%. This will increase annual revenues generated by this program from approximately $82,000 • December 10, 1999 Page 2 to $164,000. The full impact of increased fees for food permits will not be realized until the year 2001. This is due to the fact that all food permits are renewable on January 1 of each calendar year and the majority of existing food establishments have already renewed their 2000 permits. However, the increased fees would be applicable to all new food establishments opened during the year. Staff is also proposing a 25% increase in fees generated for STD treatment and a 50% increase in immunization fees. This will increase annual revenues generated for health fees from $52,500 to $71,000. Additionally, we recommend an overall increase of approximately 55% for Animal Control impound and observation fees. -Proposed increases have been reviewed and approved by the Animal Control Advisory Board. We also propose an increase in boarding fees from $3.00/day to $12.00/day. This would increase annual revenues generated for animal control fees from $15,500 to $24,000. The increases proposed will bring Beaumont Health Department fees in line with those of comparable health departments. New Program The Health Department is scheduled to begin a new educational program (Adolescent Tobacco Cessation Program) in January 2000. This program, which is mandated by law for those youth caught possessing and/or using tobacco, consists of four two hour sessions. We anticipate approximately fifteen (15) participants per class and propose a $40.00 fee per student. We have surveyed several other agencies that offer this class and have found that $40.00 is the average fee charged for the class. We project that these classes will be held monthly and will generate is approximately $7,200 in annual revenues. Deleted Fees As part of our review, a number of fees for services that are no longer provided by the Health Department are being deleted from the updated ordinance. These obsolete fees are listed on the attached fee schedule for general information. Summary With the proposed fee increases, overall Health Department program fees (exclusive of EMS fees) will increase approximately 38%. This will result in additional annual revenues of approximately $117,500. Attachments 0 12 N O m N y U cLi n n `o O 75 �, E E d p N .y > > LO LO LO 0 0 O C O O O O � q, O Q 69 64 to � 69 ! 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Said bond shall be.in a penal amount as determined by • the city manager or his designee, and shall guarantee that the principal shall well and faithfully perform every term and condition of his lease and shall comply with all the laws of the state and ordinances and regulations of the city. Said bond shall be written by an insurance company licensed to do business in the state and shall be subject to the approval of the city. (Code 1958, § 9B-8; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83) Sec. 20-28. Box office rates. Box office rates shall be as follows: (1) Civic center or arena: Two hundred dollars ($200.00) per week or three (3) per cent of the gross receipts, whichever is greater. (2) Auditorium or Harvest Club: One hundred dollars ($100.00) per week. (Code 1958, § 9B-10; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83) Sec. 20-29. Prohibited uses. Any use of the civic center complex facilities which is contrary to the public health, • safety, welfare, or morals, or not in the best interest of the city as determined by the city manager or his designee, shall be prohibited, and any lease previously executed may be revoked for such cause and any unearned deposits may be refunded. Any performer or any other person whose conduct is disorderly or disruptive to facility use, shall be refused entrance or shall be ejected from the premises as necessary. (Code 1958, § 9B-11; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83) Sec. 20-30. Advertising. No person shall advertise a performance or attraction to be held in any civic center complex facility until the lease for said facility has been properly executed and all contracts between all parties involved have been executed and exhibited to the director of the community facilities department. All advertisements for performance or attractions for which an admission is to be charged, must state the total admission prices. Failure to comply with this section will result in forfeiture of all monies paid the city, and may result in refusal by the city to lease any facilities to said person in the future. (Code 1958, § 9B-12; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83) Sec. 20-31. Denial of rental request. 0 The city manager may deny rental of any of the facilities for bookings of a similar nature • in the same promotional period of time. (Code 1958, § 913-12; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83) Sec. 20-32. Promulgation of rules, regulations and documents; execution of documents. The city manager is hereby authorized to promulgate rules, regulations and rental documents, concerning the use and operation of the civic center complex. The city manager or his designee is hereby authorized to execute all documents necessary for the rental or lease of the civic center complex facilities. (Code 1958, § 9B-15; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83) Sec. 20-33. Parking lot rates adjacent to Fair Park Coliseum. The rate for parking in the three (3) fenced parking lots adjacent to the Fair Park Coliseum for events in the facility shall be one dollar ($1.00) per vehicle. The city will not charge for parking for noncommercial events in any Fair Park facility unless requested by the sponsor of the noncommercial event. (Ord. No. 78-44, § 4, 4-11-78; Ord. No. 83-121, § 1, 9-27-83) . Sec. 20-34. Convention and tourism advisory board. (a) Created; composition; terms; vacancies; compensation. There is hereby created a convention and tourism advisory board to be composed of sixteen (16) members who are resident citizens and qualified voters of the city. The members of the convention and tourism advisory board shall be appointed by the city council from the following occupational specialties or agencies as well as from the community at large: (1) Hotel/Motel; (2) Restaurant; (3) Museum -attraction; (4) Travel; (5) Advertising; (6) Media; (7) Chamber of commerce; and 0 (8) Lamar University. P The term of office of each member of the convention and tourism advisory board shall be • for two (2) years or until a successor is appointed. Vacancies shall be filled by the city council for the unexpired term. Members of the convention and tourism advisory board shall serve without compensation. All members of the convention and tourism advisory board shall be subject to removal at the will and pleasure of the council. (b) Duties; officers; bylaws. The duties of the convention and tourism advisory board shall be advisory in nature to the city council and the city manager. It shall participate with the director of the CVB department or his or her designee, in developing convention and tourism goals and objectives; in devising marketing strategies for accomplishment of those goals and objectives, and in monitoring the results of implementation of those strategies. It shall participate in the formulation of the annual budget for convention and tourism activities. The city council shall select from the membership of the board a chairman, and vice-chairman and such other officers as may be deemed appropriate. (Ord. No. 86-75, § 1, 7-29-86; Ord. No. 86-94, § 1, 9-9-86; Ord. No. 90-61, § 1, 10-9-90) 0 40 � Economic Development Division BEAUMONT CHAMBER OF COMMERCE1 1 1 Presentation to City of Beaumont City Council December 14, 1999 1 BER OF COMMERCE AND READY FOR BUSINESS P.O. Box 3150 • Beaumont, TX 77704 • (409) 838-6581 • 0 NA MW BEROLJ ND .6__ fOR BUSINESS December 14, 1999 The Honorable David Moore, Mayor of the City of Beaumont and Members of City Council 801 Main Street Beaumont, Texas 77704-3827 Dear Mayor Moore and Council Members: On behalf of the Beaumont Chamber of Commerce and the Economic Development Council, I would appreciate your consideration of renewing the partnership and funding assistance from the City of Beaumont toward our community's 2000 economic development endeavors. We cordially request economic development funding of $57, 500 from the City of Beaumont. This includes the traditional $50,000 in economic development funding and an additional $7,500 to fund our small/minority business economic development program. The 2000 fiscal year's funding campaign also includes underwriting by private contributions made from Beaumont Chamber of Commerce members and area employers. The funding goals for this private source economic development fund-raiser campaign are $167,467. We will earmark the $7500 funds for the small/minority economic development program as a separate budget project under our Minority Affairs Division. We appreciate your continued support and look forward to working with you in the future. Sincerely, John Breier, President An Accredited Member Of The United States Chamber Of Commerce 450 Bowie Post Office Box 3150 Beaumont, Texas 77704 409.838.6581 Fax 409.833.6718 • • 171 1999 Annual Report 0 Economic Developmen This was a year of transition for the economic development division with the hiring of new staff and a renewed focus on economic development by the Chamber of Commerce. The hiring of a president with a strong background as an economic development professional was a major initiative to lead a more aggressive and innovative economic development program. Other staff changes include a new director of economic development. The initial efforts include some exciting and ambitious goals including the development of a Beaumont Strategic Economic Development Plan for the next five years (1999-2004) which is ready for publication. The plan contains recommendations and a road map to guide area industrial growth and retention programs, recruitment efforts, and strengthen our overall economy. A new industrial growth and retention program has begun with meetings scheduled with key business and industrial leaders to express appreciation and identify business opportunities for growth in which the Chamber may be of assistance. Meetings were held at the Port of Beaumont, Mobil Oil, Entergy, Memorial Hermann Baptist Hospital, and with the New Orleans chief executive officer of Hibernia Bank so far. The Beaumont Strategic Economic Development Plan will include a marketing plan to focus efforts on industries and industry clusters that best fit our business and industrial environment. It •will include new multi -media promotional materials including a video on Beaumont, which was produced this past summer. The economic development program will further focus on small businesses, recognizing that significant job creation occurs with small ventures, which grow and expand over time. The Chamber intends to support small business by identifying market opportunities, relationships and contacts to help small businesses grow. The economic development division was represented by a twenty-four member council with the mission to enhance the economic vitality of Beaumont through partnerships with the City of Beaumont, Entergy, government entities throughout Jefferson County, and the Partnership of Southeast Texas, the regional economic development corporation. The division sponsors regular economic analysis panels who gather and share information about Beaumont and Southeast Texas. Community areas represented on the panel include real estate, transportation, workforce, and government. Other panelists include convention and tourism, retail, and downtown redevelopment. Regular press conferences were held at the City Council chambers to report on economic activity. The announced projects for Beaumont and Southeast Texas during the 1998-1999 fiscal year total $1.7 billion in capital investment and the creation of 948 new jobs and over 3000 construction jobs. Chamber staff responded to over 1000 companies and individuals interested in information about or doing business in Beaumont. The ability to respond to requests for demographics, trends, and resource information about the area is the cornerstone of any economic development program. The continuous updating of materials and the web -site, www.bmtcoc.org is vital to stay competitive with other communities. The division publishes its • Good News About Southeast Texas and other publications highlighting current economic trends, new development and expansions, and business prospects. A Manufacturers Directory has been updated and prepared for publication. The economic development division welcomes the proposed Entertainment Complex and has offered staff and volunteers to participate in the planning for the 50 -acre site. Several new development prospects and projects are underway including call centers, manufacturers, and a response to the expected bid for a Texas State Veterans Home. A transportation focus was re-established to insure the continued development of a first class transportation system for the City of Beaumont, realizing that transportation is an integral part of economic development. The emphasis began when railroad problems caused by the merger of the Union Pacific and Southern Pacific Railroads were a source of concern to area businesses. The impact of the mergers was monitored throughout the year. Support was given to the submission of a transportation grant request for a new visitor's center at the Gladys City/Spindletop Museum. Approval of this project is urged to coincide with the Spindletop Anniversary commemoration. Chamber staff participated in the request for highway funds and road access to the proposed Southeast Texas Entertainment Complex. The major emphasis in the,.area of transportation has been the Port of Beaumont and the need to find matching funds for a proposed Corps of Engineers study of navigation improvements to the Sabine -Neches waterway. The Chamber has led the efforts to create attention and educate local leaders and the public on this importance of the project. A meeting of area Chambers of Commerce was organized on May 10 to emphasis the importance of the study as a regional economic development issue. The Chamber further spearheaded efforts to establish a fund raising committee composed of representatives from chambers of commerce, industry, port authorities, economic development organizations and other entities. The County Judge appointed •an ad hoc committee in July. A series of meetings, press conferences and fund raising efforts are underway. The Southeast Texas Economic Development Foundation serves Jefferson and Orange Counties and is expanding this year to Hardin County. A twenty-eight member board of directors will expand to thirty-three with the addition of Hardin County. The foundation is a certified development corporation for the Small Business Administration's 504 -loan program and provides growing businesses with long term fixed rate financing for acquisition of land, building purchase and improvements to construct new facilities. Since December 1998, a record number of loans were approved for financing which will double the loan portfolio of the foundation. The new loans will create 74 new jobs and retain 107. The foundation is staffed by chamber of commerce staff with the director of economic development serving as executive director. IMinority Affairs The minority affairs division received renewed emphasis with committee members placed in each of the other divisions and a concerted effort to enhance all of the Chamber committees and divisions with minority representation. The division provided support to the Urban Education Summit held by the Beaumont Independent School District. Twenty (20) scholarships were awarded between Lamar Institute • of Technology and the Associated Builders and Contractors of Southeast Texas. The division requested and received from the City of Beaumont funds that will assist the development of the Fast Trac Entrepreneurial Training Program and other business development activities. Fast Trac is aimed at providing education to potential entrepreneurs, assist them in developing strong and growing companies, increase job creation, and stimulate economic development. The plan is to develop new small and minority businesses and provide the training and mentoring to help these businesses succeed. An orientation session concerning Fast Trac was held at the John Gray •Center on July 28 with 38 individuals in attendance. This group will serve as the beginning point for additional training and mentoring activities. Another major initiative was a bus trip to Austin, which occurred on September 22. A total of 65 local area businesses representing areas of Beaumont designated as historically underutilized businesses (HUB) met with the staff of several state agencies and the University of Texas system to learn how they can take advantage of the state's procurement opportunities. • b o vo o � 0 • 0 0 2000 Program of Work MISSION STATEMENT: The Beaumont Chamber of Commerce serves its members and community as a catalyst to have a positive impact on the economic well-being of Beaumont and the surrounding region. ECONOMIC DEVELOPMENT DIVISIO MISSION STATEMENT: To enhance the economic vitality of Beaumont, Texas, through a process of "averaging up" the factors that affect the growth of the economy. • Focus on retention and job creation within existing industry and business. iContact corporate offices of top 10 businesses and industries to express appreciation and identify growth opportunities. • Identify locally owned businesses with potential for expansion and provide assistance in growing their businesses. • Continue to utilize FastTrac to enhance small and minority business. • Target business groups for direct solicitation to aggressively market Beaumont through trade shows, direct mail, market missions and trade allies to attract new industry. • Maintain a co-operative marketing effort with Texas Department of Economic Development, Partnership of Southeast Texas, Entergy, area realtors and other trade allies. • Host a "get to know" Beaumont for site selection consultants. • Participate in 4 trade shows of specific industrials with the most potential for locating in Beaumont • Actively support the proposed Southeast Texas Entertainment Complex, downtown Beaumont, and funding for the Neches River navigational improvement study. • Cooperate with City of Beaumont, Jefferson County, Port of Beaumont, Entergy, Partnership of Southeast Texas, Texas Department of Economic Development and appropriate state and federal, agencies to accomplish Chamber economic development mission. • The economic analysis panel will meet quarterly to disseminate economic information to leaders from the Beaumont area. • Accountability Measures -Unemployment below 7.0 Average 12 months -Ad valorem tax base increase 3.5% -Job growth increase 2.0% MINORITY AFFAIRS DIVISIO MISSION STATEMENT: This division shall work to create an inclusive atmosphere in all of the Chamber's activities, to encourage membership and participation by minorities, and to actively recruit, mentor, and champion the development of historically underutilized businesses in the Beaumont community, i.e. ethnic minority businesses, women owned businesses, and small businesses. • • Recruit ethnic minority businesses and professional persons for Chamber membership and board service. • Develop initiatives to make ethnic minorities feel included in activities and develop a support system within the Chamber of Commerce. • Identify and communicate capital sources for entrepreneurs and existing businesses, i.e. 504, city section 108, banks, abatement programs, etc. • Develop the FastTrac Program. The program will provide training and educate new and existing businesses. • Develop strong mentor/incubator program by December 2000. 0 U • 4D Economic Development Council 2000 Eddie Arnold Southwestern Bell Telephone 555 Main Street, Room 434 Beaumont, TX 77701-3212 PHONE: (409) 839-6000 FAX: (409) 839-6002 Gene Arnold Small Business Development Center 855 Florida Beaumont, TX 77705 PHONE: (409) 880-2367 FAX: (409) 880-2201 Larry Beaulieu KFDM-TV Freedom Corporation P. O. Box 7128 • Beaumont, TX 77726-7128 PHONE: (409) 895-4606 FAX: (409) 895-4712 Stephen Bonczek City Of Beaumont P. O. Box 3827 Beaumont, TX 77704-3827 PHONE: (409) 880-3716 FAX: (409) 880-3112 Tom Burger Mobil Oil Corporation P. O. Box 3311 Beaumont, TX 77704-3311 PHONE: (409) 757-3407 FAX: (409) 757-3840 George W. Gardner G.A.J. Investments & Associates, Inc. 4110 Washington Boulevard Beaumont, TX 77705 — 1038 0 PHONE: (409) 842-0007 FAX: (409) 842-2226 •Tom Gober Entre Business Technology Center 229 Dowlen Road Beaumont, TX 77706-5962 PHONE: (409) 860-3333 FAX: (409) 860-5387 Carl R. Griffith Jefferson County P. O. Box 4025 Beaumont, TX 77704-4025 PHONE: (409) 835-8466 FAX: (409) 839-2311 Dan S. Hallmark Hibernia - Beaumont P. O. Box 2751 Beaumont, TX 77704-2751 PHONE: (409) 880-1210 FAX: (409) 880-1247 Bill Kimbrough Port of Beaumont • 5720 Pickwick Beaumont, TX 77706-2626 PHONE: (409) 892-7927 FAX: (409) 835-0512 Robert Krienke Lamar Institute of Technology P. O. Box 10043 Beaumont, TX 77710-0043 PHONE: (409) 880-8185 FAX: (409) 880-8219 Charles Mason Mason Construction, Inc. 6285 Walden Road Beaumont, TX 77707-5505 PHONE: (409) 842-4455 FAX: (409) 842-4586 David Moore City Of Beaumont P. O. Box 3827 • Beaumont, TX 77704-3827 PHONE: (409) 880-3716 FAX: (409) 880-3112 • Gary A. Moore Lamar University P.O. Box 10059 Beaumont; TX 77710-0059 PHONE: (409) 880-8603 FAX: (409) 880-8088 Ed Myers Christus St. Elizabeth Hospital P.O. Box 5405 Beaumont, TX 77726-5405 PHONE: (409) 899-7102 FAX: (409) 899-8191 J. Milton Prewitt J. M. Prewitt Company P. O. Box 528 Beaumont, TX 77704-0528 PHONE: (409) 892-3000 FAX: (409) 892-3044 Ron Reed Lamar Bank • P. O. Box 6007 Beaumont, TX 77705-6007 PHONE: (409) 838-4781 FAX: (409) 866-9808 Greg Shepard Entergy -Texas P.O. Box 2951 Beaumont, TX 77704-2951 PHONE: (409) 981-3814 FAX: (409) 981-2317 R. E. Wells E. I. du Pont de Nemours & Company P. O. Box 3269 Beaumont, TX 77704-3269 PHONE: (409) 722-3451 FAX: (409) 727-9673 0 � Minority Affairs Division Sam Bean NAACP P.O. Box 1612 Beaumont, TX 77704-1612 PHONE: (409) 842-0294 FAX: (409) 840-6303 A. B. Bernard BGI Enterprise, Inc. P. O. Box 22077 Beaumont, Tx 77720-2077 PHONE: (409) 833-0303 FAX: (409) 833-0744 Paula Bothe Four Alarm Productions, Inc. P. O. Box 3546 Beaumont, TX 77704-3546 • PHONE: (409) 839-4475 FAX: (409) 833-6963 Gayle Botley Gayle W. Botley & Associates 550 Fannin Street, Suite 417 Beaumont, TX 77701-3102 PHONE: (409) 833-8757 FAX: (409) 833-8851 Tom Burger Mobil Oil Corporation P. O. Box 3311 Beaumont, TX 77704-3311 PHONE: (409) 757-3407 FAX: (409) 757-3840 Johnny Casmore Mobil Oil Corporation P.O. Box 3311 Beaumont, TX 77704-3311 PHONE: (409) 833-9411 FAX: (409) 757-3840 Ll Bessie F. Chisum Chisum Resource Management 595 North 19th Street Beaumont, TX 77706-5014 PHONE: (409) 832-4466 FAX: (409) 832-4469 Christina Delgadillo Bernsen, Goodson, Mann & Rothman, L.L.P. 550 Fannin, Suite 700 Beaumont, TX 77701 PHONE: (409) 839-4444 FAX: (409) 839-4540 Sharon D. Evans Law Office of Sharon D. Evans 985 IH -10 North, Suite 104B Beaumont, TX 77706-4815 PHONE: (409) 896-2929 FAX: (409) 896-5022 George W. Gardner • G.A.J. Investments & Associates, Inc. 4110 Washington Boulevard Beaumont, TX 77705-1038 PHONE: (409) 842-0007 FAX: (409) 842-2226 Tom Gober Entre Business Technology Center 229 Dowlen Road Beaumont, TX 77706-5962 PHONE: (409) 860-3333 FAX: (409) 860-5387 Edna Gonzalez Golden Triangle Hispanic Chamber of Commerce P.O. Box 3432 Port Arthur, TX 77642-3432 PHONE: (409) 983-1510 FAX: (409) 983-2031 Georgine Guillory Revues 3690 South 11th Street • Beaumont, TX 77705 PHONE: 409 842-1577 FAX: 409 840-9143 Jessie Haynes Haynes & Associates- Advertising, Public Relations & Marketing P.O. Box 4062 Beaumont, TX 77704-4062 PHONE: (409) 838-2222 FAX: (409) 835-1119 Adrian Hudspeth Hibernia - Beaumont P.O. Box 2751 Beaumont, TX 77704-2751 PHONE: (409) 880-1226 FAX: (409) 880-1492 Delores Lungs Community Bank P.O. Box 3883 Beaumont, TX 77704-3883 r PHONE: (409) 981-7000 FAX: (409) 981-7035 Ed Moore 1 . Jefferson County Commissioner Precinct 4 2040 Nora Beaumont, TX 77705-3327 PHONE: (409) 835-8443 FAX: (409) 784-5803 Herman F. Rogers Entergy -Texas P.O. Box 2951 Beaumont, TX 77704-2951 PHONE: (409) 839-2133 FAX: (409) 981-2865 R E. Wells E. I. du Pont de Nemours & Company P. O. Box 3269 Beaumont, TX 77704-3269 PHONE: (409) 722-3451 FAX: (409) 727-9673 • 0 • • IA is Relative Employment Performance (1991=100) 130 120 im 100 90 80 85 86 87 88 89 90 91 92 93 94 U.S. Beaumont 98 99 00 01 02 03 8.7 8.5 8.9 9.1 9.4 9.7 10.2 Gross Metro Product, C$B 10.4 10.6 11.1 11.4 11.7 -2.4 -2.3 5.2 2.2 2.4 3.4 4.9 % Change 2.1 2.0 4.6 2.9 2.5 150.5 149.1 148.8 150.8 151.2 157.1 161.3 Total Employment (000) 164.2 167.3 173.1 176.7 179.4 0.1 -0.9 -0.3 1.4 0.2 3.9 2.6 % Change 1.8 1.9 3.5 2.1 1.5 9.3 11.4 10.1 9.8 9.1 8.0 7.2 Unemployment Rate 8.5 9.5 9.8 10.2 10.5 6.7 1.3 3.7 4.5 3.1 7.0 6.2 Personal Income Growth 5.6 7.0 8.0 7.5 6.9 369.2 373.0 373.6 374.8 374.1 374.5 375.6 Population (000) 377.4 380.8 384.9 389.0 392.6 893 1,212 692 531 640 603 857 Single -Family Permits 1,043 960 970 908 889 9 76 142 61 40 12 323 Multifamily Permits 111 133 142 134 137 61.9 63.2 64.9 62.6 68.4 69.2 74.1 Existing Home Price ($Ths) 79.9 83.1 87.0 90.8 94.4 296 381 350 277 357 348 564 Mortgage Originations ($Mil) 516 411 422 425 447 1.7 1.7 -1.3 -0.5 -2.2, -1.3 -0.6 Net Migration (000) 0.1 1.5 2.3 2.3 1.8 709 648 617 767 1,054 1,383 1,280 Personal Bankruptcies 1,307 1,375 1,416 1,453 1,487 STRENGTHS ■ Low living costs. ■ Strong income growth. ■ Petrochemicals have favorable outlook. ■ Low business costs. ■ Economic development efforts are successfully attracting new businesses. WEAKNESSES ■ �ish population growth and migration trends. ■ Economic base not diversified. ■ Low per capita income. June 1999 Employment Growth % Change Year Ago Total Construction Manufacturing Trade FIRE Services Trans/Ulil Govt -4 -2 0 2 4 6 8 10 UPSIDE • Asia rebounds, increasing international chemical demand. • Port improvements boost economy. • Should the Gulf Coast High -Speed Corridor come to fruition, BEA would benefit greatly from improved passenger access to Gulf markets. DOWNSIDE • nd for chemicals from U.S. slows. • New commercial investment too concentrated in retail and not in core economic activities. Recent Performance. Beaumont's job growth is steady despite weakness in its core energy industry. The jobless rate has risen two percent- age points, though part of the rise reflects acceler- ated labor force growth Credit conditions contin- ued to improve with personal bankruptcy fil- ings derlinin steadily through mid -year. Transportation. One of BEA's competitive advantages is good transportation access. This advantage has been strengthened in recent months by a new shipping service route that originates in Port Arthur. Following acquisi- tions and joint ventures, rail freight can now travel from BEA to the East Coast in four days rather than six and at less cost than before. By improving the market access of BEA produc- ers, the new shipping method allows existing BEA firms to compete better in the large east- ern markets and serves as an important induce- ment to potential relocating firms. Construction. One of the strongest BEA in- dustries by far is construction. Many of the most recently announced projects will expand the MSA's retail and entertainment options. Among the most notable, a S50 million 250 - acre entertainment park will be developed here. The facditywillbe able to accommodate the South Texas state fair as well as provide rodeo, con- cert pavilion, museum center and public park space. The MSA's location on a major interstate and the recent uptick in development in this area were cited as reasons for the site's selec- tion. A number of national chains have entered the market or expanded strongly since January. REIT activity. Local developers are not alone in their positive assessment of BEA's outlook Among the 26 smaller Texas MSAs, the metro area has attracted one of the largest shares of real estate investment trust (REIT) interest. Ac- cording to data from SNL REIT Quarterly, 21 sepa- rate investments were held by these outside in- vestors last year. Retail properties are the most popular type, followedby apartments. This type of investment activity indicates Wall Street's in - terest in and confidence about BEA's potential. Spillovers. Much of BEA's economy is benefit- ing from a significant turnaround in investor ex- pectations. At least part of the metro area's popu- larity with investors is driven by conditions out- side of BEA. National retailers searching for heretofore untapped markets late in the busi- ness cycle arse now moving into BEA. The MSA was not a first choice, but is now assessed as one of the best of the remaining markets. The MSA's location in a rapidly growing area is cited as a reason for investing in BEA. Particularly in retailing, growth is justifying more growth, cre- ating significant risk Some developments are improving the BEA's prospects and are expanding its core economic activities, but these projects have had little ef- fect on its current environment. BEA's job growth is tracking the national average. Exclud- ing construction, the remaining economy's growth is sub -par. Per capita income is well be- low the U.S. and state averages. Population growth has improved in recent years, but at 0.3% it is one- third the U.S. average and one-sixth the state av- erage pace. BEA's prospects are improving; it is not, however, having a major expansion. Beaumont's economy is heavily dependent on the energy industry, but unlike most other energy dependent metro areas, the MSA is much more dependent on refining and petro- chemicals than it is on production. Though demand for these downstream energy prod- ucts is currently weak, longer term, chemicals and petrochemicals are poised to experience robust demand, indicating that BEA's main in- dustry will prosper. The MSA's position as an intermodal distribution center, proximity to larger metro areas, lowbusiness costs and sig- nificant economic development incentives are attracting commercial investment to the area. Despite sluggish population trends, BEA will be a solid performer for long-term growth. Toni Horst July 1999 Make-A-Prbcis O 1999 Dismal Sciences, Inc. • 600 Willowbrook Lane, Suite 600 • West Chester, PA 19382.610-6-%4700.610.696-0875 fax • www.rfa.com For the confidential use of subscribers. Although the information in this report has been obtained from sources that Dismal Sciences, Inc. believes to be reliable, we do not guarantee its accuracy, and such information may be Incomplete or condensed. 1.8 7.2 -0.7 2.2 1.9 1.2 o.o 1s -4 -2 0 2 4 6 8 10 UPSIDE • Asia rebounds, increasing international chemical demand. • Port improvements boost economy. • Should the Gulf Coast High -Speed Corridor come to fruition, BEA would benefit greatly from improved passenger access to Gulf markets. DOWNSIDE • nd for chemicals from U.S. slows. • New commercial investment too concentrated in retail and not in core economic activities. Recent Performance. Beaumont's job growth is steady despite weakness in its core energy industry. The jobless rate has risen two percent- age points, though part of the rise reflects acceler- ated labor force growth Credit conditions contin- ued to improve with personal bankruptcy fil- ings derlinin steadily through mid -year. Transportation. One of BEA's competitive advantages is good transportation access. This advantage has been strengthened in recent months by a new shipping service route that originates in Port Arthur. Following acquisi- tions and joint ventures, rail freight can now travel from BEA to the East Coast in four days rather than six and at less cost than before. By improving the market access of BEA produc- ers, the new shipping method allows existing BEA firms to compete better in the large east- ern markets and serves as an important induce- ment to potential relocating firms. Construction. One of the strongest BEA in- dustries by far is construction. Many of the most recently announced projects will expand the MSA's retail and entertainment options. Among the most notable, a S50 million 250 - acre entertainment park will be developed here. The facditywillbe able to accommodate the South Texas state fair as well as provide rodeo, con- cert pavilion, museum center and public park space. The MSA's location on a major interstate and the recent uptick in development in this area were cited as reasons for the site's selec- tion. A number of national chains have entered the market or expanded strongly since January. REIT activity. Local developers are not alone in their positive assessment of BEA's outlook Among the 26 smaller Texas MSAs, the metro area has attracted one of the largest shares of real estate investment trust (REIT) interest. Ac- cording to data from SNL REIT Quarterly, 21 sepa- rate investments were held by these outside in- vestors last year. Retail properties are the most popular type, followedby apartments. This type of investment activity indicates Wall Street's in - terest in and confidence about BEA's potential. Spillovers. Much of BEA's economy is benefit- ing from a significant turnaround in investor ex- pectations. At least part of the metro area's popu- larity with investors is driven by conditions out- side of BEA. National retailers searching for heretofore untapped markets late in the busi- ness cycle arse now moving into BEA. The MSA was not a first choice, but is now assessed as one of the best of the remaining markets. The MSA's location in a rapidly growing area is cited as a reason for investing in BEA. Particularly in retailing, growth is justifying more growth, cre- ating significant risk Some developments are improving the BEA's prospects and are expanding its core economic activities, but these projects have had little ef- fect on its current environment. BEA's job growth is tracking the national average. Exclud- ing construction, the remaining economy's growth is sub -par. Per capita income is well be- low the U.S. and state averages. Population growth has improved in recent years, but at 0.3% it is one- third the U.S. average and one-sixth the state av- erage pace. BEA's prospects are improving; it is not, however, having a major expansion. Beaumont's economy is heavily dependent on the energy industry, but unlike most other energy dependent metro areas, the MSA is much more dependent on refining and petro- chemicals than it is on production. Though demand for these downstream energy prod- ucts is currently weak, longer term, chemicals and petrochemicals are poised to experience robust demand, indicating that BEA's main in- dustry will prosper. The MSA's position as an intermodal distribution center, proximity to larger metro areas, lowbusiness costs and sig- nificant economic development incentives are attracting commercial investment to the area. Despite sluggish population trends, BEA will be a solid performer for long-term growth. Toni Horst July 1999 Make-A-Prbcis O 1999 Dismal Sciences, Inc. • 600 Willowbrook Lane, Suite 600 • West Chester, PA 19382.610-6-%4700.610.696-0875 fax • www.rfa.com For the confidential use of subscribers. 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