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HomeMy WebLinkAbout05/04/2021 PACKET BEAUM© NT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY,MAY 4,2021 6:00 PM CONSENT AGENDA Approval of minutes—April 27, 2021 Confirmation of board and commission member appointments A) Approve a two-year contract with Capitol Appraisal Group, LUC, for the identification of all industrial properties within the City's Extra Territorial Jurisdiction(ETJ) B) Authorize the City Manager or his Designee,to execute a Memorandum of Understanding between the Beaumont Police Department and the U.S. Immigration and Customs Enforcement Department of Homeland Security C) Authorize the City Manager to accept additional funding from the Texas Historical Grant Commission for the Jefferson Theatre A BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 4,2021 REQUESTED ACTION: Council consider a resolution approving a two-year contract with Capitol Appraisal Group, LLC,for the identification of all industrial properties within the City's Extra Territorial Jurisdiction (ETJ). BACKGROUND The Jefferson Central Appraisal District(JCAD) contracts with Capitol Appraisal Group to appraise property values for all large commercial industries within Jefferson County. Those appraised values, which are outside the City limits, are posted on JCAD's website but are not included in the City's certified tax roll since the certified tax roll is only applicable to property within the City limits. On July 11, 2017, Council approved a contract with Capitol Appraisal Group to identify all industrial properties within the City's ETJ and their related accounts to ensure that all appraised property is properly billed for PILOT payments. The City is recommending another two-year contract with Capitol Appraisal Group for these continued services at the same rate in which the original contract stated. The current contract price is $16,500 per year. A copy of the contract is attached for your review. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a two (2) year Agreement for Professional Services between the City of Beaumont and Capitol Appraisal Group, LLC, of Austin, Texas, in the annual amount of $16,500.00, for the identification of all industrial properties within the City's Extra Territorial Jurisdiction (ETJ). The Agreement for Professional Services is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of May, 2021. - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OFJEFFERSON § AGREEMENT FOR PROFESSIONAL SERVICES This agreement (the "Agreement') is made this _day of 20 , by and between the CITY of BEAUMONT, hereinafter referred to as the"City" and CAPITOL APPRAISAL GROUP, LLC, of Austin, Travis County, Texas, hereinafter referred to as the"Contractor" (collectively referred to as the"Parties" or singularly a"Party", acting by and through their respective representatives . General Recitals 1. It has been represented by the Contractor and determined by the City that the Contractor is skilled and qualified to identify industrial business properties within the Extra Territorial Jurisdiction of the City of Beaumont, hereinafter refereed to as the"ETJ", and report to City the corresponding accounts as reported by the Jefferson County Appraisal District,hereinafter referred to as the "JCAD Therefore, the City desires to employ the Contractor to perform a search and identify industrial properties within the ETJ within the JCAD jurisdiction for properties currently appraised by Capitol Appraisal Group, LLC for the Jefferson County Appraisal District. The Contractor hereby agrees to complete all necessary steps to identify industrial properties withintheproperties currently appraised by the Contractor and include in areport those properties in addition to values for properties currently under agreement with theETJ. 2. The Contractor will identify any new industrial properties within the ETJ and the jurisdiction of the JCAD within the properties currently appraised by the Contractor and provide the City with a report for the 2022 and 2023 tax years. The report shall include values as established by the JCAD for existing companies with contracts with the ETJ in addition to companies with properties located within locations currently appraised by the Contractor for the JCAD that do not have agreements with the ETJ. 3. The process of identifying properties will be performed within the context of the laws and statues in the State of Texas. All legal descriptions,values, and jurisdictional determinations will be based on the prior determinations by the JCAD. The Contractor is providing professional appraisal reporting services, limited to discovery, description, and identification and this Agreement is authorized and subject to the Professional Services Procurement Act. TEX. GOV'T CODE§2254. Term 4. The Contractor hereby agrees to commence work under this contract upon execution of this agreement and provide a fall report before die sixtieth (60th) day after certification of the 2022 tax roll by the JCAD. For the 2023 tax roll, the contractor shall I EXHIBIT "A" commence work uponthe certification ofthe 2023 tax roll by the JCAD and provide a full report before the sixtieth (60th) day after certification. The time for delivery on the fully completed report and electronic map may be amended by the agreement of the Parties hereto in writing to be attached to and incorporated into this Agreement. Scope of Services 5. The Contractor will employ electronic records, provided by the JCAD, of the territorial boundaries of the City of Beaumont and surrounding municipalities to estimate the territorial limits for the ETJ within Jefferson County and subject to the authority of the JCAD. The Contractor will rely on current available electronicjurisdictioual maps and use ESRI GIS Software to perform this task. The Contractor will limit the determination of the ETJ boundaries to the use of GIS Software. 6. The Contractor will identify new industrial business property, classified as industrial real and personal property, as added by the JCAD for the 2022 and 2023 tax years at locations within the ETJ and currently appraised by the Contractor for the JCAD. The Contractor will take the new identified properties and determine the corresponding the JCAD accounts. The Contractor will use the information as appraised, determined and certified by the JCAD on the 2022 and 2023 appraisal rolls exclusively. The Contractor will take the information from the JCAD and report the legal description,jurisdictional determinations,and market value of all property (including land). 7. The report will reflect the information for the properties as appraised,determined and certified by the JCAD on the 2022 and 2023 appraisals roll exclusively. The Contractor will comply with their duties under this Agreement by providing the City the ESRI electronic map and corresponding report meeting the specifications in Paragraph 6 through 8. Address and Notice 8. Unless otherwise specified in this contract, any notice, communication, request, reply, or advice related to performance of this contract shall be addressed as follows: City point of contact: Contractor point of contact: Todd A. Simoneaux, CPA Gregg Davis Chief Financial Officer 9300 Research Blvd Svrd SB, Ste 100 Telephone No.: 409.880.3116 Austin, TX 78759 Telephone No: 512.346.5480 Email: gdav@cagi.com Fee 9. The Contractor shall be entitled to a total fee of$16,500 (Sixteen Thousand Five Hundred Dollars)for the 2022 tax year and$16,500(Sixteen Thousand Five Hundred Dollars) for the 2023 tax year.The Contractor will be required to perform its services on or before sixty 2 (60)days from the certification of the 2022 and 2023 tax rolls by the ICAD. The City shall pay the Contractor the above-mentioned fee within thirty days(30) of the delivery of the final report and ESRI map. The City shall in good faith take all actions necessary to facilitate the payment of all sums due to the Contractor. Such payment shall constitute full payment to the Contractor for all its services under this contract. Additional travel and services may incur additional fee, which must be previously approved in writing by both Parties. Governing Law 10. The Agreement shall be governed by the laws of the State of Texas, without giving effect to any conflicts of law rule or principle that might result in the application of the laws of another jurisdiction. Termination 11. Either party may terminate this contract upon giving sixty(60) days' notice to the other party of its intent to do so. 12. The City may terminate this contract for failure by the Contractor to deliver the final report or failure to comply with the terms of the Agreement. In the event of termination, the City may request a refund less all cost of services performed prior to termination of the Agreement. 13. Disagreement with the opinions or determinations reached by the Contractor will not be basis for termination of the Agreement. Parties shall act in good faith in performance of this Agreement. In the case of a bad faith termination by the City, the Contractor shall be entitled to the full fee stated in the Agreement. Amendment 14. This Agreement may be amended by the mutual agreement of the Parties hereto in writing to be attached to and incorporated into this Agreement. Legal Construction 15. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein, Entire Agreement 16. This Agreement is the entire Agreement between the Parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written 2 Agreement between the Patties that in any manner relates to the subject matter of this Agreement, except as provided in any Exhibits attached hereto. Successors and Assigns 17. This Agreement may not be assigned without the prior written consent of the City. Recitals 18, The recitals to this Agreement are incorporatedherein. Insurance 19. The Contractor shall maintain public liability insurance, automobile liability insurance and, if applicable, worker's compensation insurance. The public liability insurance shall be in the fomr of comprehensive general liability with the inclusion of contractual liability coverage and shall provide limits not less than one million dollars ($1,000,000.00) for each person and not less than one million dollars ($I,000,000.00)for each occurrence for bodily injury liability and not less than one million dollars ($1,000,000.00) for each occurrence of property damage liability. The worker's compensation insurance shall provide employer's liability insurance in the amount of not less than five hundred thousand dollars ($500,000.00). Indemnification 20. To the fullest extent permitted by law the Company shall indemnify,hold harmless and defend the City, its officers, employees, agents, and representatives (collectively the "City indemnitees")from and against all claims,damages,losses and expenses,including but not limited to, attorneys' fees, arising out of or resulting from bodily injury or death of a person or property damage,including the loss of use of property,arising or alleged to arise out of or in any way related to this agreement or the performance of work or services of the Company,and it's subcontractors under this agreement, or the result of any negligent act or omission or any intentional act or omission in violation of the Company's standard of care by the Company, it's sub-contractor or anyone directly or indirectly employed by the Company or anyone for whose acts the Company may be liable or due to the violation of any ordinance, regulation, statute, or other legal requirement by the Company, it's sub-contractors or any of their agents and employees, but only to the extent caused in whole or in part by any intentional or negligent act or omission of the Company, it's sub-contractors or anyone directly or indirectly employed by the Company,its sub- contractors or anyone for whose acts the Company or its sub-contractor may be liable. Independent Contractor 21. It is understood and agreed by and between the parties that the Contractor in satisfying the conditions of this Agreement,is acting independently,and that the City assumes no responsibility or liabilities to any third party in connection with these actions. All services 3 to be performed by the Contractor pursuant to this Agreement shall be in die capacity of an independent contractor, and not as an agent or employee of the City. The Contractor shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. Texas Government Code§2270.002 22.The Company does not boycott Israel and will not boycott Israel during the teen of this contract. Texas Government Code§2252.152 23.The Company does not engage in any form of business with Iran, Sudan, or any other foreign terrorist organizations; under §807.051, §2252.153, or §2270.0201 (formerly §806,051) Texas Government Code. Nor will the Company enter into any such business with such organizations for the duration of this contract, or any other organizations on a list prepared and maintained by the Comptroller. The Company will notify the District immediately if the Company enters into a contract with any vendors on such list. The Company acknowledges this agreement may be terminated and payment withheld if this certification is inaccurate. (signature page to follow) 4 WITNESS our hand in duplicate,this day of , 20 CITY of BEAUMONT ATTESTED: WITNESS our hand in duplicate, this 1211 day of April, 2021. Gregg avis President B BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Charles W. Jeffcoat, Assistant Chief of Police MEETING DATE: May 4, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his Designee, to execute a Memorandum of Understanding between the Beaumont Police Department and the U.S. Immigration and Customs Enforcement Department of Homeland Security. BACKGROUND The Memorandum of Understanding is required by Homeland Security Investigations (HSI) to continue to allow specified Beaumont Police Officers to be cross-designated as U.S. Customs Officers. The designation allows for additional training of BPD officers, as well as the use of HSI equipment. The designation further enables these BPD officers to conduct investigations and file charges for violations of federal law, but does not convey authority to enforce administrative violations of immigration law. FUNDING SOURCE None. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the City Manager, or his designee, be and they are hereby authorized to execute a Memorandum of Understanding between the Beaumont Police Department and the United States Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) for the purpose of continuing to allow specific Beaumont Police Officers to be cross-designated as U.S. Customs Officers; additional training of Beaumont Police Officers; use of HSI equipment, and, enabling Beaumont Police Officers to conduct investigations and file charges for violations of federal law, but does not convey authority to enforce administrative violations of immigration law. The Memorandum of Understanding is substantially in the form attached hereto as Exhibit"A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of May, 2021. - Mayor Becky Ames - MEMORANDUM OF UNDERSTANDING between U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT HOMELAND SECURITY INVESTIGATIONS and Beaumont Police Department regarding THE DESIGNATION OF Beaumont Police Department EMPLOYEES AS CUSTOMS OFFICERS (EXCEPTED) 1. PARTIES.The Parties to this Memorandum of Understanding (MOU)are U.S. Immigration and Customs Enforcement(ICE) Homeland Security Investigations (HSI)and Beaumont Police Department 2. AUTHORITY.Title 19, United States Code (U.S.C.), Section 1401(1); 19 U.S.C. § 1589a. This MOU is also authorized under the provisions of Beaumont Police Department 3. PURPOSE. The Parties agree that effective enforcement of the laws relating to HSI jurisdiction requires close cooperation and coordination between the two Parties.The Parties have therefore entered into this MOU to govern the use of HSI designations by certain employees of Beaumont Police Department Pursuant to section 401(i), Tariff Act of 1930, as amended (19 U.S.C. § 1401(1)), the Secretary of Homeland Security is authorized to designate persons as Customs Officers(Excepted)to perform the duties of a Customs Officer. Within ICE, this authority has been delegated to the HSI Special Agents in Charge. Pursuant to 19 U.S.C. § 1589a, customs officers are authorized to enforce the full range of federal offenses. However, in designating Customs Officers(Excepted), HSI is not conveying the authority to enforce administrative violations of immigration law. There may be instances when HSI determines that it is desirable for certain sworn law enforcement employees of Beaumont Police Department to perform certain HSI duties. This MOU sets forth the agreement and relationship between the Parties with respect to this determination. 4. RESPONSIBILITIES. The Parties agree as follows: HSI agrees to: a. Designate certain employees of Beaumont Police Department as Customs Officers (Excepted),without additional compensation, to perform the duties as noted on the"Designation, Customs Officer(Excepted)—Title 19 Task Force Officer"(ICE Form 73-001).This form is attached and is hereby made part of this MOU; b. Issue a"Designation, Customs Officer(Excepted)—Title 19 Task Force Officer'(ICE Form 73-001)to each qualified and designated employee; C. Provide appropriate training in laws, policies, and procedures to each designated employee; ICE Form 73-002(5/14) EXHIBIT "A" Page 1 of 3 d. Advise the designated Customs Officers (Excepted)about court proceedings concerning seizures or arrests made by them in accordance with the authorities granted by HSI contemplated under this MOU; and e. Process, under appropriate regulations,any injury claim submitted as a result of injuries occurring to the designated Customs Officers (Excepted)while such individuals are acting pursuant to this MOU,for compensation under the Federal Employee Workers Compensation Act(5 U.S.C. §8101, of seg.). Beaumont Police Dept. agrees; a. That only sworn law enforcement officers of Beaumont Police Department who successfully complete the appropriate HSI Task Force Officer cross-designation Training Course and receive an approved "Designation, Customs Officer(Excepted)—Title 19 Task Force Officer'(ICE Form 73-001)will be designated as Customs Officers(Excepted); b. That each law enforcement officer will be bound by the Authorities Granted and the Endorsements and Restrictions as noted on the "Designation, Customs Officer(Excepted)—Title 19 Task Force Officer' (ICE Form 73-001); C. To advise HSI of each court proceeding in which the validity of a Customs Officer(Excepted)'s enforcement authority becomes an issue, and allow HSI to provide legal memoranda or other assistance as deemed necessary by HSI; d. That agency employees designated as Customs Officers(Excepted)will follow HSI directives and instructions when utilizing enforcement authority conveyed by HSI; e. To provide to HSI, before designation of each officer and on an ongoing basis, any derogatory information, or information that may call into question the officers truthfulness or ability to testify in court; and f. To return all HSI-issued equipment and identification when a cross-designated officer terminates employment or when his or her cross-designation expires. Both Parties acree a. That any abuse of HSI cross-designation authority may lead to the revocation of such cross-designations by HSI; and b. To schedule periodic meetings to review this MOU, as required. 5. REPORTING AND DOCUMENTATION. HSI SAC offices will maintain the original signed "Designation, Customs Officer(Excepted)—Title 19 Task Force Officer" (ICE Form 73-001). Copies of this form will be held by the Contraband Smuggling Unit at HSI Headquarters, the designated Customs Officer(Excepted), and Beaumont Police Department If applicable, the HSI office will maintain documentation of designated Customs Officers(Excepted)approved to use HSI vehicles and certification that the designated Customs Officers (Excepted) have completed the ICE Fleet Card Training in Virtual University and any other fleet related training. ICE Form 73-002(5/14) Page 2 of 3 6. POINTS OF CONTACT. HSIOffice: HSI Houston Beaumont Police Dept. Name: Jennifer Havies Name: Mike Mills Title: TFO Coordinator Title: Lieutenant Address: 4141 N Sam Houston Pkwy E Address: 255 College St. Houston, Texas 77032 Beaumont TX. ,77701 Telephone Number: +1 (281) 985-0583 Telephone Number: +1 (409) 832-1234 Fax Number: Fax Number: E-mail Address: Jennifer.Hs,es@ICE.DHS-GOV E-mail Address: mike.mills@beaumonttexas.gov 7. OTHER PROVISIONS.This MOU is an internal agreement between the Parties and does not confer any rights, privileges,or benefits to any other party or public. Nothing in this MOU is intended to conflict with current laws, regulations,or policies of either Party. If a term of this MOU is inconsistent with such authority,that term shall be invalid but the remaining terms and conditions of this MOU shall remain in full force and effect. Nothing in this MOU is intended or shall be construed to require the obligation, appropriation,or expenditure of any money from the U.S.Treasury in violation of the Anti-Deficiency Act,31 U.S.C.§§ 1341-1519. The forms and authorities referenced herein may be renamed or replaced by HSI without prejudice to this MOU. 8. EFFECTIVE DATE.The terms of this MOU will become effective on the date the last Party signs the MOU.The Designation Form of each Customs Officer(Excepted)a effective per the date on that document. 9. MODIFICATION.This MOU may be amended by the written concurrence of both Parties. 10. TERMINATION.This MOU may be terminated by either Party upon a 30-day written notification to the other Party. APPROVED BY: Mark B. Dawson James Singletary Name of HSI Official Name of BPD 's Official Special Agent in Charge Chief of Police Title of HSI Official Title of BPD 's Official Homeland Security Investigations Name of BPD 's Agency U.S.Immigration and Customs Enforcement Date: Date: ICE Form 73-002(5/14) Page 3 of 3 C BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 4, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept additional funding from the Texas Historical Grant Commission for the Jefferson Theatre. BACKGROUND Texas was awarded a Hurricanes Harvey, Irma, and Maria Emergency Supplemental Historic Preservation Fund grant from the National Park Service (NPS). The funding is earmarked to assist with repairs to historic properties impacted by various storms. The Jefferson Theatre, built in 1927, and the Robert Morton Organ installed at that time were damaged during Hurricane Harvey, making it eligible for this funding since this facility was previously designated as a National Register of Historic Places (NRHP) landmark. FEMA covered items damaged by Hurricane Harvey which were not covered by insurance and is paying for some mitigation costs to seal and repair mortar on a small portion of the exterior wall; however, some additional damages from prior weather events and non-Harvey related restoration remained. The original grant amount, $140,336.14, approved in Resolution 19-124 covered the insurance deductible, the remaining portion of the exterior brick wall needing mortar sealing and repair, organ restoration costs and management and administration costs for the grant application being charged by the contractor. Additional funding in the amount of$29,342.86 was approved by the Texas Historical Commission. FUNDING SOURCE No local match is required. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the City Manager be and he is hereby authorized to accept additional funding from the Texas Historical Commission (THC) for the Emergency Supplemental Historic Preservation Fund Grant in the amount of $29,342.86 for repair of weather related damages to Jefferson Theatre; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary to accept additional funding from the Texas Historical Commission (THC) for the Emergency Supplemental Historic Preservation Fund Grant in the amount of$29,342.86. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of May, 2021. - Mayor Becky Ames - BEAUM© NT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, MAY 4,2021 6:00 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda items 1 and 2/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for amendments to the Zoning Ordinance concerning signage, Sections 28.01.004, 28.03.018, 28.03.020, 28.03.021, 28.04.003, 28.04.005, 28.04.006, and 28.04.008(22) 2. Consider a resolution authorizing a contract for property insurance coverage for various city owned buildings and assets COMMENTS * Public Comment(Persons are limited to 3 minutes) * Councilmembers/City Manager/City Attorney comment on various matters Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. I May 4, 2021 Consider a request for amendments to the Zoning Ordinance concerning signage, Sections 28.01.004, 28.03.018, 28.03.020, 28.03.021, 28.04.003, 28.04.005, 28.04.006, and 28.04.008(22) BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: May 4, 2021 REQUESTED ACTION: Council consider a request for amendments to the Zoning Ordinance concerning signage, Sections 28.01.004, 28.03.018, 28.03.020, 28.03.021, 28.04.003, 28.04.005, 28.04.006, and 28.04.008(22). BACKGROUND As a result of court cases such as Reed v. Town of Gilbert, Arizona and Reagan National Advertising v. City ofAustin, Texas, most city sign ordinances and many state statutes regulating signs are now subject to challenges of being unconstitutional. The decisions relate to the heavy burden that cities have to justify regulating speech. 'The courts have essentially said that if a city or state has to read a sign to enforce their ordinance,it is probably unconstitutional. The issue for Beaumont and most cities' sign ordinances is that being able to read a sign is critical to their enforcement. In an attempt to comply with these decisions, the Planning Staff is recommending amendments to Sections 28.01.004, 28.03.018, 28.03.020, 28.03.021, 28.04.003, 28.04.006 and 28.04.008(22) of the Zoning Ordinance. The proposed amendments offer new language that will allow a reasonable number, size and design of signs for differing uses in differing zoning districts while substantially retaining the established regulatory schemes of citywide sign rules as well as special sign rules specific to the historic and overlay districts. In addition, new definitions of advertising signs and on-premise signs will allow for the ongoing enforcement of billboards without the need to rely on the content of the sign to do so. At a Joint Work Session of the Planning Commission and City Council conducted on April 7", a consensus was reached to make the proposed changes. Some of these changes included amending existing ordinance language to allow the City to continue regulating billboards as well as exempting the following temporary signs from permitting: • An unlimited number of temporary signs sixty(60) days prior to and ten(10) days after an election; • Allowing additional temporary signs for properties that are being offered for sale or lease; . Allowing additional temporary signs for properties that are under construction; . Allowing additional temporary signs for garage sales; and, . Allowing additional temporary signs for large "Congratulations"-type yard signs At a Joint Public Hearing held on April 19,2021, the Planning Commission recommended 3:2 to deny the request for amendments to the Zoning Ordinance concerning signage, Sections 28.01.004,28.03.018,28.03.020, 28.03.021,28.04.003, 28.04.005, 28.04.006, and 28.04.008(22). FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ARTICLE 28.01 GENERAL PROVISIONS` u Sec.28.01.001 Title This chapter shall be known and may be cited and referred to as the "Zoning Ordinance of the City of Beaumont, Texas." (Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-1) Q, u See.28.01.002 Adoption of statutes authorizing zoning ordinances The statutes of the state authorizing and empowering cities to zone their cities and regulate and restrict the height, number of stories, and size of buildings and other structures; the percentage of lots that may be occupied, the size of yards, courts, and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes; and in the case of designated places and areas of historical and cultural importance, to regulate and restrict the construction, alteration, reconstruction or razing of buildings and other structures; and authorizing and empowering the local legislative body to divide the municipality into districts of such numbers, shapes and areas as may be deemed best suited to carry out the purposes set out in such statutes, and within such districts to regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land, the same being chapter 211 Local Government Code are hereby adopted for and on behalf of the city; and the city, acting through its duly authorized officials, shall have all of the rights, powers, privileges and authority authorized and granted by and through such statutes. (Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-2) 9, u Sec 28.01.003 Purpose The zoning regulations and districts as herein established have been made for the purpose of promoting the health, safety, morals, and general welfare of the community, and for the protection and preservation of places and areas of historical and cultural importance and significance. The zoning regulations and districts have been made in accordance with a comprehensive plan and are designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of lands; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. The zoning regulations and districts have been made with reasonable consideration of the character of the district and its peculiar suitability for the particular uses, and with a view of conserving the value of building and encouraging the most appropriate use of land 1 i throughout the community. (Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-3) 9, it See.28.01.004 Definitions (a) Interchange. Words in the present tense include the future; words in the singular number include the plural number and words in the plural number include the singular number; the word "building" includes the word "structure'; the word "lot' includes the words "parcel," "plot," or "tract'; the word "shall" is mandatory and not discretionary. (b) Definitions. In the interpretation of this chapter, the following words and terms are to be used and interpreted as defined hereinafter: Accessory buildine. A subordinate building, located on the same lot as the main building, or a portion of the main building, the use of which is clearly incidental to and customarily found in connection with the main building or principal use of the land. Accessory use. A use which is clearly incidental to and customarily found in connection with the principal use of the premises and which is located on the same lot as the principal use. Adult bookstore. Any establishment which has as a substantial portion of its stock in trade, books, magazines or periodicals that contain material which, under the Penal Code of the state, may not be displayed or sold to a minor unless such minor is accompanied by a consenting parent, guardian or spouse. Adult motion picture theater. Any establishment in which motion pictures, slides or similar photographic reproductions are shown and which regularly, under the Penal Code of the state, excludes minors by virtue of age, unless such minor is accompanied by a consenting parent, guardian, or spouse. Apartment house. Any building or portion thereof used as a multiple dwelling for the purpose of providing three (3) or more separate dwelling units which may share means of egress and other essential facilities. Brewpub. A retail establishment that manufactures, brews, bottles, cans, packages and labels malt liquor, ale and beer for sale or offer without charge, on the premises of the brewpub, to ultimate consumers for consumption on or off those premises, malt liquor, ale or beer produced by the holder, in or from a lawful container, to the extent 2 i use existing at the time of the adoption of this chapter shall not become nonconforming as a result of a specific use permit requirement. Open space. Area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices, eaves, porches and plant material. Planned unit development. A district with development characterized by a unified site development plan which may provide for a mixture or combination of residential, recreation and open space, and commercial uses. Registered child care home. A home-based child care facility where the caregiver cares for up to six (6) children under the age of fourteen (14); they may also take in up to six (6) more school-age children. The number of children allowed in a home is determined by the ages of the children. No more than twelve (12) children can be in care at any time, including children of the caregiver. Shopping center. A group of commercial establishments which is planned, developed, owned, and managed as a unit related in its location, size and type of shops to the trade area that the unit serves. Sign. Any permanent, temporary, or portable structure or part thereof, or any device attached to, painted on, or represented on a building, fence, or other structure, upon which is displayed or included any letter, word, mode, banner, flag, pennant, insignia, decoration, device, or representation used as, or which is in the nature of, an announcement, direction, advertisement, or other attention-getting device. Sign, advertising. n sign, othef!ham an ,.,.,,o... ery owner ia,...«fieatian ..•gn, 'whieh EliFeets attention a business, nods.,. A sign, often referred to as a billboard intended to be leased or for which payment of any type is intended to be or is received for the display of any good, service, brand, slogan, commercial message, product or company, except that the term does not include a sign that is leased to a business entity and located on the same property on which the business is located or a sign located on property owned or leased for the sole purpose of displaying a sign Sign banner. A type of sign that is generally constructed of lightweight plastic, fabric or a similar non-rigid material and that is mounted/tethered to a _pole(s), building or other structure at one (1) or more edges. Sign area. The sign area shall be the area of rectangular enclosures of the entire sign other than structural supports. 8 i Sien electronic reader board. A sign or portion thereof that uses changing lights to form a sign message or messages in text form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes which is attached to or a part of a detached owner identification sign. A sign en which the a«ly e r that changes : an eleett:anie o eeha«:sal :«d'eetion E)£tim or tempefatufe small bps «idde.ad_� a."time4eem a.d c PeF'iofl of" sign and not eemmereia1 Riessage or an electronir reade.. heads « for purposes of this t ehap Siva mobile Signs which are on or, otherwise affixed to, trucks, automobiles, trailers or other vehicles used primarily to support or display such signs while parked. Sign, owner identification. A sign other than an advertising sign which is located on the same lot or development as the good or service for which the sign is intended and is not intended to be leased, or for which payment of any type is intended to be or is received for the display of any good, service, brand, slogan, commercial message, product, or company. and pe..a'«a a«I.,to the use of that «.emises and which eantains infeffnation pertaining to the name of the awnef oceapant, of management associated with he use F h.. « the kind of bus:«ess of the h«and .,a«.e of the princ.ipaleamma `V d'ty old the ses, .aha «Fa....atia« «elaA. e of eti.dty involved in the ee«d .et of the business, but not including the names of subsidiary ..ed ets m being sold. Sign portable. Any sign that is not permanently attached to the ground or any other structure and is designed to be moved from place to place. Sien temporary. A nonilluminated poster or display constructed of Vaper, cloth plastic sheet cardboard, plywood, or other like materials that appears to be intended to be displayed for a limited period of time. Structural alterations. Any change in the supporting or structural members of a building, including but not limited to bearing walls, columns, beams or girders, or any substantial change in the roof or in exterior walls. Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having permanent location on the ground. Temporary Portable storage container. A purpose-built, fully enclosed, box-like container that is designed for the temporary storage of furniture, clothing or other personal or household belongings as part of the process of household renovation or moving or the relocation of household belongings to an off-site commercial storage location. Such containers shall not be used to store solid waste, business inventory, commercial e would otherwise not permit the historical use. Accessory uses, including fundraising activities, may be approved as a part of the specific use permit. (e) Area and height regulations. The area and height regulations shall be determined by the underlying zoning district classification. (d) Supplemental regulations. Buildings, structures, sites and areas zoned "HC-L" shall be subject to the following regulations and to the regulations set forth in section 28.02.007 of this chapter. (1) Exterior alterations and changes. No person or entity shall construct, alter, change, restore, remove, demolish, or obscure any exterior architectural feature of a building or structure located in an HC-L, Historic- Cultural Landmark Preservation designation, unless first applying to and receiving from the historic landmark commission a certificate of appropriateness as set forth in section 28.02.007. (2) Demolition or removal of a building or structure. No building or structure awarded an HC-L, Historic-Cultural Landmark Preservation designation, shall be demolished or removed without the approval of the historic landmark commission or the city council as set forth in section 28.02.007. (3) Omission of necessary repairs. Buildings and structures awarded an HC- L, Historic-Cultural Landmark Preservation designation, shall be maintained so as to ensure the structural soundness and integrity of the building or structure and its exterior architectural features as set forth in section 28.02.007. (Ordinance 93-28, sec. 1, adopted 6/29/93; 1978 Code, sec. 30-21.1) Sec.28.03.018 Historic-Cultural Landmark Preservation Overlay District (a) Definitions. Unless the context clearly indicates otherwise, in this section: Attention-eettine device. Any device, except for permitted signs and flags, that is used for the purpose of attracting the attention of the public to a commercial establishment. An attention-getting device shall include, but not be limited to, streamers, flags (other than U.S. or state), balloons, pennants or decorations. Banner. A sign madeff..brie ,.F arry nonrigid Riatef al with no enelasinb ffranewofk A type of sign that is generally constructed of lightweight plastic, fabric or a similar 43 i non-rigid material and that is mounted/tethered to a pole(s), building or other structure at one (1) or more edges. Bloc ace. All of the lots on one side of a block. Certificate ofapprooriateness. A certificate issued by the city to authorize the alteration of the physical character of real property in a district, or any portion of the exterior of a structure on the property, or the placement, construction, alteration, nonroutine maintenance, expansion, or removal of any structure on or from the property. Column. The entire column including the base and capital, if any. Contributing structure. A structure which physically or historically contributes to the historic value of an historic district. Corner side facade. The main building facade facing the side street. Director. The director of the planning division or his/her representative. Educational land uses. (See "Institutional land uses.") Exterior architectural feature. Means, but shall not be limited to, the kind, color and basic texture of all exterior building materials and such features as windows, doors, lights, signs and other exterior fixtures. Fluorescent color. Colors defined (Mansell Book of Color) as having a minimum chroma value of eight(8) and a maximum of ten (10). Front facade. The main building facade facing the street upon which the main building is addressed. Furniture street. Man-made, above-ground items that are usually found in street rights- of-way, including benches, kiosks, plants, canopies, shelters and phone booths. Institutional land uses. Those properties owned or otherwise administered by organizations of higher education, vocational training centers and museums. Churches, synagogues, social, civic, fraternal and professional organizations, specialty schools, residential care facilities, day care centers, nursing homes, clinics and hospitals and all other uses not specifically excluded are bound by the terms of this section. Masonry pave r. A solid brick or block of masonry material used as a paving material. 44 i Metallic color. A paint color which has pigments that incorporate fine flakes of bronze, aluminum, or copper metal. Move-in building. A building that has been moved onto an existing lot. Preservation criteria. The standards considered by the director and the historic landmark commission to determine whether a certificate of appropriateness should be granted or denied. Rehabilitation. The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values. Sin fence. Signs attached or affixed to any type of fence. Sign. mobile. Business sSigns uged to ady,.ac. . An establishment or sen,ice which are on or, otherwise affixed to, trucks, automobiles, trailers or other vehicles used primarily to support or display such signs while parked. Sin moving. Signs which in whole, or part, do not remain stationary at all times, regardless of power source which effects movement. Sign portable. Any sign that is not permanently attached to the ground or any other structure and is designed to be moved from place to place. Trim color. A paint color other than the dominant color. Stain is not a trim color. Trim color does not include the color of screen and storm doors and windows, gutters, downspouts, porch floors and ceilings. (b) Reconciliation with other ordinances. All city codes, as amended, apply to all historic districts unless expressly modified by ordinance. (e) Enforcement. (1) Certificate of anproonateness required. A person commits an offense if (s)he is responsible for an alteration of the physical character of any real property located in an historic district, or any portion of the exterior of a structure on the property, or the placement, construction, maintenance, expansion, or removal of any structure on or from the property, unless the act is expressly lawfully authorized by a certificate of appropriateness. 45 I (D) Structured parking. Vehicular access to parking structures with a vehicle storage capacity of three (3) or more is not permitted to or from the street on which the main building fronts, unless the lot abuts no other street or alley. (E) Screening. Screening of off-street parking for multiple-family, commercial and industrial uses must comply with standards established in the Code of Ordinances (section 28.04.006). (F) Surface materials. The only permitted off-street parking surface materials are brushed or aggregate concrete, hot mix asphalt, masonry pavers or pervious parking surface materials capable of accommodating vehicles up to five thousand (5,000) pounds of gross vehicle weight and that allow the growth of lawn. Grass, caleche, dirt, gravel, shell, slag and clay surfaces are not permitted. (G) Driveways. Driveway widths shall not exceed the following dimensions: (i) Residential: a. Single-family: 20 feet. b. Two-family: 20 feet. c. Multiple-family: 24 feet. (ii) Commercial: 24 feet. (iii) Industrial: 35 feet. (8) Signs. Signs must not obscure significant architectural features, windows or doors of the building. The shape, materials, color, design, and letter style of signs must be typical of and compatible with the style and period of the architecture of the building and complement the district. Signs shall only be allowed where permitted by section 28.04.003 of this code or exempt from permitting as outlined in 28.04.003(e) of this chapter. In addition, all signs within the district must comply with the following standards: (A) Detached signs. Only one (1) detached sign is permitted on each lot and subject to the following restrictions: 48 i (i) The structural support of the sign must be located at least five (5) feet from any public right-of-way or property line dividing properties of different ownership. No part of any sign shall overlay any property line. (ii) The sign must be six (6) feet or less in height; (iii) The sign shall not be illuminated; and (iv) The sign shall not exceed twelve (12) square feet in area. (B) Attached signs. No more than two (2) attached signs are permitted on each building. Each sign must: (i) Not be illuminated, except by one external floodlight not to exceed one hundred fifty (150) watts in power; (ii) Not exceed six (6) square feet in area; and (iii) Not be located in or in front of any window or doorway. (C) Prohibited signs. The following types of signs are prohibited in an historic district: (i) Advertising signs; (ii) Illuminated signs; (iii) Neon or fluorescent signs; (iv) Signs affixed, either permanently or temporarily, to street furniture; (v) Portable Portable &signs exeluding politieal a a Fealty agfis as defined in section 28.04.003 28.01.004, sign regulations, as outlined in the city Code of Ordinances; (vi) Mobile signs; (vii) Moving signs; and (viii) Fence signs. 49 I (ix) Banners for eammeFeial use to _ elude one (1) U.S and o (1) state flag neither to exceed f..« (4) feet b six (6) feet 4Z,L (x) Other attention-getting devices used by commercial establishments. (9) Litter/trash and iurilc. Section 12.07.001 [article 12.07], litter control and sections 22.05.051 through 22.05.061, solid waste collection by the city, as outlined in the city Code of Ordinances, applies to all properties within any historic district. In addition, an approved container as defined by same must be located in the rear yard of the subject property with exception allowed for pickup and disposal of said litter not to exceed a twenty-four- hour period. All fixed or otherwise immobile trash containers must be set back from the property line no less than twenty-five (25) feet or be completely screened from view from any street via landscaping and fencing. (10) Outdoor furniture. Furniture or appliances which are constructed of materials which are intended for indoor use only or would otherwise be susceptible to water damage, rot or destruction must not be placed on an open porch or outdoors. (11) Outdoor merchandising. No business shall display any merchandise outdoors within a historic district. (f) Rehabilitation guidelines. The following standards for rehabilitation shall be employed by the director and the historic landmark commission to evaluate a certificate of appropriateness. (1) Every reasonable effort should be made to provide compatible uses for properties mandating minimal alteration of the building, structure, or site and its environment. (2) The distinguishing original qualities or character of a building, structure, or site and its environment should not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. (3) All buildings, structures, and sites should be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance will be discouraged. 50 i (3) Amortization of nonconforming structures and gravel and shell parking lots. With exception provided for main and accessory structures and fences, all structures and gravel and shell parking lots which are not erected under the terms of this section at the time of the adoption of same must be removed or otherwise made to conform with the terms of this section within four (4) years of the effective date of this section. There shall be granted no exceptions or extensions. Q) Designation as a contributing structure. For the purposes of this section, a property owner may wish to have a structure within an historic district to be singularly distinguished as a contributing structure. To obtain this designation, a property owner must follow the standard procedure set forth in section 28.02.007 (HC-L, Historic- Cultural Landmark Preservation designation). (Ordinance 93-28, sec. 1, adopted 6/29/93; Ordinance 93-50, sec. 1, adopted 8/24/93; Ordinance 95-50, sec. 1, adopted 8/29/95; Ordinance 98-27, sec. 1, adopted 3/24/98; Ordinance 00-83, sec. 1, adopted 9/26/00; Ordinance 01-018, sec. 1, adopted 3/6/01; Ordinance 02-008, sees. 1-3, adopted 1/29/02; 1978 Code, see. 30-21.2; Ordinance 10-040, sec. 1, adopted 6/8/10; Ordinance 13-003, secs. 1-2, adopted 1/15/13) '+- Sec. 28.03.019 PD,Port Development District regulations (a) General purpose and description. The PD, Port Development District, is intended to accommodate the port or port-related development of property owned by the Port of Beaumont Navigation District. This district is located in close proximity to the Port of Beaumont in the area which is bordered generally on the west by Cypress, Main, Blanchette, Sabine Pass and Carroll Streets, on the north by the Neches River, and on the south by Buford and Grant Streets. (b) Permitted uses. Any use which is not otherwise prohibited by applicable local codes or ordinances. (c) Area and height regulations. There shall be no area and height regulations in the PD, Port Development District. (Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-22) q u Sec.28.03.020 UC,Urban Corridor Overlay District regulations (a) General purpose and description. 62 i (1) The UC, Urban Corridor Overlay District, in general is intended to preserve and improve the physical environment along Martin Luther King Parkway; promote the public safety, welfare, convenience and enjoyment of travel and the free flow of traffic along this corridor; ensure that signage provides the essential identity of facilities along this roadway; and prevent needless clutter in appearance along this corridor. (2) This district supplements the regulations of the underlying zoning district classifications. The zoning map shall reflect the designation of an Urban Corridor Overlay District by the letters "UC" as a suffix to the underlying zoning district classifications. (b) Definitions. Unless the context clearly indicates otherwise, in this section: Sign attached. 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. Sign banner. A type of sign that is generally constructed of lightweight plastic, fabric or a similar non-rigid material, and that is mounted/tethered to a nole(s), building or other structure at one (1) or more edges. Sign detached. A sign which is wholly supported by one (1) or more columns, uprights or braces in the ground and has no support to a building, canopy or facade. Sign electronic reader board. A sign or portion thereof that uses changing lights to form a sign message or messages in text form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes which is attached to or a part of a detached owner identification sign. A - ige anwhieh the only copy that ahanges is an eleetfenie aF meellAnisai indication of time eammefeial .............e of an electronic Feade« 1.. aFd sign for purposes of this ..hapten Sin ence. A sign attached or affixed to any type of fence. Sign mobile. A a..,�se,,s sign used t,. .., veftise an eslahl:..l,ment ,.. sep :pes which are is on or affixed to trucks, automobiles, trailers or other vehicles used primarily to support or display such signs while parked. Sign moving. A sign which in whole, or part, does not remain stationary at all times, regardless of the power source which affects movement. 63 i Sign portable. Any sign that is not permanently attached to the ground or any other structure and is designed to be moved from place to place. Sign temporary A nonilluminated poster or display constructed of paper, cloth plastic sheet cardboard plywood, or other like materials that appears to be intended to be delayed for a limited period of time. _(c) Permitted uses. The permitted uses in the UC, Urban Corridor Overlay District, shall be determined by the underlying zoning district classification. (d) Boundaries. The boundaries of the Urban Corridor Overlay District shall extend a distance of two hundred (200) feet from the street right-of-way of Martin Luther King Parkway from I-10 East to Cardinal Drive. (e) Area and height reputations. The area and height regulations shall be determined by the underlying zoning district classification. (f) Sign regulations. Signs shall not be permitted within an Urban Corridor Overlay District except as specifically authorized in this section. (1) Permit requirements. No sign, unless herein excepted or where permitted by section 28.04.003 (e) of this chapter., shall be located, constructed, erected, altered, posted, attached or painted until a building permit has been approved by the chief building inspector in accordance with the requirements of this chapter and the International Building Code. (2) Prohibited signs. The following types of signs are prohibited in this Urban Corridor Overlay District: (A) Off-premises 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 f_ .._and epen:..� ..:,..... 64 i (3) Signs in residential-UC districts. Signs shall not be permitted in urban corridor overlay residential districts except as specifically authorized in this section as well as section 28.04.003 of this chapter. (A) One (1) detached identification sign may be constructed to identify- at the entrance of a single-family residential development of ten (10) acres or more. Such signs will be subject to the following conditions and restrictions: (i) Building wall signs will be prohibited. 11 lii) The sign must be for p t ide itifie.tion of .. men. The content of the sign may not be regulated. (ii+) The sign shall not exceed twenty (20) square feet in area. (iv) The sign shall not exceed a height of five (5) feet above the ground. (v) The sign shall not be illuminated except by reflective floodlight type illumination. There shall not be any flashing or intermittent light. (viyi) The sign shall be placed within a landscaped setting containing not less than one hundred twenty (120) square feet. (viii) All parts of the sign shall be located a minimum of fifteen (15) feet from the property line. (viiii) The sign shall meet the wind load requirements of the building code. (B) One (1) detached owner identification sign shall be permitted for a multiple-family development, nonresidential, or institutional building for each abutting street subject to the following conditions and restrictions: (i) The sign shall not exceed twenty (20) square feet in area. (ii) The sign shall not exceed five(5) feet in height. 65 i (iii) Except for electronic reader board signs, no sign shall be lighted except by reflective floodlight type illumination. There shall not be any flashing lights or any type of intermittent illumination, except as allowed below: a. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. b. The Fnessage eepy-fin face may change no more than once every forty-five (45) seconds. C. Messageco3 Sign face shall not include any flashing, flowing, alternating or blinking lights or animation. d. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. e. As measured at the property line, the maximum light emanation from a sign shall not be no greater than 0.2 footcandles. f. Electronic reader board signs shall not be permitted in an historic district. (iv) All parts of the sign shall be located a minimum of twenty- five(25) feet from the property line. (v) The sign shall meet the wind load requirements of the building code. (vi) The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. (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: 66 i (i) The sign shall be attached to or painted on the outside face of the building. (ii) 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. (iii) The sign shall not exceed the height of the wall of the building to which it is attached. (iv) The sign shall not be lighted except by reflective floodlight type illumination. There shall not be any flashing or intermittent lights. (v) No sign shall exceed ten (10) percent of the area of the wall to which it is attached, or one hundred fifty (150) square feet, whichever is less. (D) One (1) detached owner identification sign shall be permitted for each commercial use with a specific use permit in the RCR, Residential Conservation and Revitalization District, subject to the following conditions and restrictions: (i) The sign is included in the site plan approved in the specific use permit. (ii) The sign shall not exceed twenty-five (25) square feet in area. (iii) The sign shall not exceed fifteen (15) feet in height. (iv) The sign shall not have any flashing lights, intermittent illumination nor revolve nor rotate in any manner, except as allowed below: a. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached identification sign. b. The Message eepy sign face may change no more than once every forty-five (45) seconds. 67 C. Message .-..ffSign face shall not include any flashing, flowing, alternating or blinking lights or animation. d. Electronic reader board signs that are part of a detached identification sign shall be allowed to have multiple colors. e. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. f. Electronic reader board signs shall not be permitted in a historic district. (v) All parts of the sign shall be set back at least fifteen (15) feet from any property line. (vi) The sign shall meet the wind load requirements set forth in the building code. (vii) The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. (E) One (1) attached owner identification sign shall be permitted for each commercial use in the RCR, Residential Conservation and Revitalization District, for each street abutting the lot upon which the use is located, subject to the following conditions and restrictions: (i) The sign shall be attached to or painted on the outside face of the building. (ii) 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. (iii) The sign shall not exceed the height of the wall of the building to which it is attached. (iv) The sign shall not exceed ten (10) percent of the area of the wall to which it is attached or one hundred fifty (150) square feet, whichever is less. 68 i (v) The sign shall not have flashing lights or any type of intermittent illumination. (4) Signs in commercial and industrial—UC districts. (A) One (1) detached owner identification sign, and one (1) additional detached sign for each thoroughfare more than one (1) that abuts the property, shall be permitted in the NC, Neighborhood Commercial District, and OP, Office Park District for each commercial or office park establishment subject to the following conditions and restrictions: (i) The sign shall not exceed twenty-five (25) square feet in area. (ii) The sign shall not exceed fifteen (15) feet in height. (iii) No portion of the sign shall have flashing lights, intermittent illumination, nor shall it revolve nor rotate in any manner, except as allowed below: a. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. b. The message eopy- sien face may change no more than once every forty-five (45) seconds. C. Message capy Sign face shall not include any flashing, flowing, alternating or blinking lights or animation. d. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. e. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. (iv) The sign shall not be located in any required yard. 69 i (v) The sign must meet the wind load requirements of the building code. (vi) The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. (B) One (1) attached owner identification sign, and one (1) additional attached sign for each thoroughfare more than one (1) that abuts the property, shall be permitted in the NC, Neighborhood Commercial District, and OP, Office Park District for each commercial or office park establishment subject to the following conditions and restrictions: (i) The sign shall be attached to or painted on the outside face of the building. (ii) 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. (iii) The sign shall not exceed the height of the wall of the building to which it is attached. (iv) The sign shall not exceed ten (10)percent of the area of the wall to which it is attached or one hundred fifty (150) square feet, whichever is less. (v) The sign shall not have flashing lights or any type of intermittent illumination. (C) One (1) detached owner identification sign, and one (1) additional detached sign for each thoroughfare more than one (1) that abuts the property, shall be permitted per establishment, located in the NSC, GC-MD, CM, LI and III Districts subject to the following conditions and restrictions: (i) 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. 70 i (ii) The sign shall not exceed sixty (60) square feel in area. (iii) All parts of the sign shall be set back at least ten (10) feet from any property line or street right-of-way. Where a structure existing at the effective date of this section precludes locating a sign in compliance with the setback regulations, the board of adjustment shall be authorized to grant a variance to the setback requirement. (iv) The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. (v) The sign not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: a. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. b. The message eapy- sign face may change no more than once every forty-five (45) seconds. C. Message copy Sign face shall not include any flashing, flowing, alternating or blinking lights or animation. d. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. e. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. (D) One (1) attached owner identification sign, and one (1) additional attached sign for each thoroughfare more than one (1) that abuts the property, shall be permitted per establishment, in the NSC, CSC, GC-MD, CM, LI and HI district subject to the following conditions and restrictions: (i) The sign shall be attached to or painted on the outside face of the building. 71 i (ii) 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. (iii) The sign shall not exceed the height of the wall of the building to which it is attached. (iv) The sign shall not exceed ten (10) percent of the area of the wall to which it is attached or one hundred fifty (150) square feet, whichever is less. (v) The sign shall not have flashing lights or any type of intermittent illumination. (5) Exemptions. The following signs are exempted from the requirements of this section: (A) Changing of permitted eep}- sign face of an existing bulletin board, general advertising poster or paint pane](s), display encasement, marquee, flat sign, projecting sign, detached sign, or roof sign, provided no increase occurs with respect to either the area or [of] any such sign or the manner in which it is structurally supported. (B) Signs on trucks, buses, or passenger vehicles which are used in the normal conduct of business. (C) Signs permitted by section 28.04.003 (e) of this chapter. -(C) Naffieplate and street address signs, less than three (3) square feet in gi,p yestate e« ...Je e« lease .. announeing eentemplated impFavements a real estate; . :ded that t , my e e (1) .. eh sign shall be « wed An (9) !`onstrurtion signs, not to a eed art (40) square feet :« RFen AM not laeated in any required yard, denoting the awnef, a.-ehiteet, peftaining to !he prejeet; provided that there is only one (1) sign fe eaeI4 stfeet abutting the premises. 72 i c\ Warning, �� and traffie diFeetional signs, less thaf. eig f height. t (8) re et in area and four (4) foot ina ` . nature, si�a�, (60) days mini 1 1eight (8) square feet area and de (5) feet in height and net illuminated, hplaced thin e es:dentielly -. ned e e Election t be ..eme, ed within ten (I0) days efts..the eleet........ �,....,..�.. signs Grand opening signs, not exceeding twentj (28) s^q'•^ e feet.affea. vilien it is an attached sign and not exceeding twenty (20) :.. squat feet in affea and five (5) feet in height when it is a detaehed sign. The sign shall otartam the vffiFd-s "Gi,and Opening" only and must receive fifteen day building permit Item the e't., /11 T d' ' 1 A s «el national stet.. and ..eligious holiday displays efeeted without out advertising shall not be subjest to tl. pitevisions ,.f this chaplet but shall be subject to the fife eerie and: [other regulet onsl of the e:ty u l (Ordinance 93-62, sec. 1, adopted 10/26/93; 1978 Code, sec. 30-23; Ordinance 08- 021, secs. 3-5, adopted 3/18/08; Ordinance adopting Code; Ordinance 12-031, secs. 1-4, adopted 6/26/12; Ordinance 12-074, sec. 8, adopted 9/25/12) 9 at Sec.28.03.021 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 recognizes that this area will be the major growth area of the city and is therefore intended to provide for the essential identity of facilities along the streets and prevent needless clutter in the area through uniform signage; to preserve and improve the physical environment in the city; and promote the public safety, welfare, convenience and enjoyment of travel and the free flow of traffic along the streets in this 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 section: Attention-eettinr device. Any device, other than a permitted sign, that is used to attract the attention of the public to a particular business, location, product or service. 73 i Frontage. That portion of any tract of land which abuts a public street right-of-way, measured along the street line. Multi-tenant business development. A development under the same ownership consisting of two (2) or more business establishments separated by a tenant separation wall, using common driveways and on-site parking facilities, including, but not limited to, shopping centers, office complexes, office buildings and business parks. Retail co- branding shall not be considered a multi-tenant business development. Sign advertising. Sign advertising A sign intended to be leased, or for which payment of any type is intended to be or is received for the display of any good service brand slogan message product or company, except that the term does not include a sign that is leased to a business entity and located on the same property on which the business is located or a sign located on property owned or leased for the sole purpose of displaying a sign. A s ,.the.than an aaaes r identilleation sigH .. h:ah di.eets attention to s business,, , u vu vvw «,w..vv.. ... �. Sign banner. A type of sign that is generally constructed of lightweight plastic, fabric or a similar non-rigid material, and that is mounted/tethered to a pole(s), building or other structure at &ne-(1}two 2 or more edges. A panne_t5Tieall, .-.hibi'a a tex message Ah a a ymbel(s) f for r the business leeated an the pfapea as a nfedue of seFviee provided by that business. National, state not n local government flags a eansidered-bafr �AeE Sign detached. A sign which is wholly supported by one(1) or more columns, uprights or braces in the ground and has no support to a building, canopy or facade. Sign double-faced. A single sign with two (2) parallel sign faces back-to-back. Sign electronic reader board. A sign or portion thereof that uses changing lights to form a sign message or messages in text form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes which is attached to or a part of a detached owner identification sign. A-sign an whieh the only cop), that ehanges is an @lPGtFmiiP, or meehaniea i indka"ties ef time or temperature shall be sids ed a e4e «at, w portion of a sign and not a eoFrAnefe:al message ar an electronic Feadef heard sign feF p Moses of this ..hap u Sign acin . The facing of any sign upon, against, or through which the a message 1, ogo or design is displayed or illustrated; provided however, for signs in which the words, letters or symbols are independently mounted, the sign facing, for the purpose of 74 i measuring the size of the sign, shall mean the smallest regular geometric form containing all of the individual words, letters and symbols. Size of the sign shall be determined by the lettering. However, if there is background in addition to the lettering, background material shall be included if the background is uniquely associated with the letters. Sin ence. A sign attached or affixed to any type of fence. Sign mobile. Sign mobile signs which are on or, otherwise affixed to, trucks, automobiles trailers or other vehicles used primarily to support or display such signs while parked. A business sign used to RdveFtise an establishment of sefviees whieh is on or af&ke to I. ataemebiles, trade% or other veh:eles used primarily t.. ..uppe.d e.. display seeh signs while parked-. Sign monument. A sign that is an independent structure supported from grade to the bottom of the sign with the appearance of having a solid base. Sign moving. A sign which in whole, or part, does not remain stationary at all times, regardless of the power source which affects movement. «Ly to the use a f that promises and .. h:eh eef4ains in feFf,et:e pertaining t he aame Afthe e...«e.. ..eetipant, of management associated with tl.e ....e sftl.e propefty, the kind a f b or_the h«««d name „f the p fineipal commodity sold a the premise.. o :« «...etherFe« t: ..«elet: e to a service of aefivit�, involved in the canduet a ftlie business, but not including the names of s bsid:.,.. «..educts Le:., ` ld. Sign owner identification. A sign other than an advertising sign which is located on the same lot or development as the good or service for which the sign is intended and is not intended to be leased, or for which payment of any type is intended to be or is received for the display of any good, service, brand, slogan, message, product, or company. Sign Pennant. A sign consisting of a series of flags constructed of cloth or other limp material. Sign portable. A sign not permanently affixed to the ground or to a building, which is designed to permit removal and reuse. 75 i Sign temporary. A nonilluminated poster or display constructed of paper, cloth plastic sheet cardboard wood or other like materials that appears to be intended to be displayed for a limited period of time. Single-tenant business establishment. A project or undertaking which involves the use of any property, building or structure, permanent or temporary, for the primary purpose of conducting on said property a legitimate commercial enterprise, or other nonresidential use, in compliance with all ordinances and regulations of the city. Multiple services and/or goods offered by a business establishment shall be considered a single-tenant business establishment for the purposes of this section. This definition shall include, but not be limited to, retail co-branding such as convenience stores with gas pumps and restaurants, grocery stores with banks and discount stores with other incidental uses. Tenant separation. A partition or floor/ceiling assembly or both constructed between tenants as per the adopted building code. (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. For place of beginning, begin at a point in the north right-of-way line of Tolivar Road, a 60-foot-wide street right-of-way, said point also being in the southwest corner of Lot 7 and the same being the southeast comer of Lot 8, Neches Terrace Addition, an unrecorded subdivision out of the Daniel Easley Survey, Abstract No. 20, Beaumont, Jefferson County, Texas; Thence in a northerly direction along the common side lot lines of said Lots 7 and 8, a distance of 322.4 feet, more or less, to a point in the south right-of-way line of State Highway 105; thence continuing north a distance of 50 feet to the centerline of said State Highway 105 to a point for corner; thence west along the centerline of State Highway 105 a distance of 200 feet, more or less, to a point for corner; thence north a distance of 50 feet to a point in the north right-of-way line of State Highway 105; Thence north 750 feet to a point for corner; thence east 870 feet to a point for corner in the west right-of-way line of Major Drive (FM 364); thence continuing east a distance of 60 feet to a point in the centerline of Major Drive (FM 364); thence south a distance of 200 feet, more or less, to a point for corner; thence east a distance of 60 feet to a point in the east right-of-way line of Major Drive (FM 364); 76 Valley Authority Canal); thence in a southwest direction along the northerly line of the L.N.V.A. Canal a distance of 800 feet, more or less, to a point for corner; Thence north 1,400 feet, more or less, to a point at the southeast comer of Western Hills, Unit 2, mobile home subdivision recorded in the J.C.M.R.'s in Vol. 11, Page 42; thence continuing north along the east line of Western Hills, Unit 2 a distance of 810 feet to a point for corner in the south right-of-way line of the 60-foot-wide Tolivar Road right-of-way; thence north 32' east a distance of 70 feet to the place of beginning, containing an area of 2,613 acres or 4.08 square miles, more or less. (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 or where permitted by section 28.04.003 (e) of this code. (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 International Building Code. (2) Prohibited signs. In addition to the prohibited signs listed in section 28.04.003(f), the following types of signs are prohibited in this overlay district: (A) 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) Pennants, decorations or other attention-getting devices. (3) Sight distance. No sign shall be located within a 30-foot by 30-foot triangular shaped portion of land established at street intersections and driveway/street intersections in such a manner as to limit or obstruct the 79 i sight line of motorists entering or leaving the intersection. A two (2) square foot in area directional sign may be located within the required sight triangle. (4) 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. Such signs will be subject to the following conditions and restrictions: (i) Building wall signs will be prohibited. (ii) T6 sign Faust be f.. permanent idei4i4ea.:,, ef ,. subdivision:The content of the sign may not be re ulg ated. (iii) The sign shall not exceed twenty (20) square feet in area. (iv) The sign shall not exceed a height of five (5) feet above the ground. (v) The sign shall not be illuminated except by reflective floodlight type illumination. There shall not be any flashing or intermittent lights. (vi) All parts of the sign may be located at the property line. (vii) The sign shall meet the wind load requirements of the building code. (B) One (1) detached HvffleF sign shall be permitted for a multiple-family development, nonresidential or institutional building for each abutting street, subject to the following conditions and restrictions: (i) The sign shall not exceed fifty (50) square feet in area. (ii) The sign shall not exceed six (6) feet in height. (iii) The sign shall not have any flashing lights, any type of intermittent illumination or revolve in any manner, except as allowed below: 80 a. Electronic _ adef bR.,.a signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. b. The message eepy sien face may change no more than once every forty-five (45) seconds. C. The sien face Message eepy—shall not include any flashing, flowing, alternating or blinking lights or animation. d. Electronic Feader boafd signs that are part of a detached owner identification sign shall be allowed to have multiple colors. e. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. f. Electronic reader--beafd signs shall not be permitted in historic district. (iv) All parts of the sign may be located at the property line. (v) The sign shall meet the wind load requirements of the building code. (vi) The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. (C) One (1) attached moo_ 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: (i) The sign shall be attached to or painted on the outside of the building. (ii) 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. 81 i (iii) The sign shall not exceed the height of the wall of the building to which it is attached. (iv) The sign shall not be lighted except by reflective floodlight type illumination. There shall not be any flashing or intermittent lights. (v) No sign shall exceed ten (10) percent of the area of the wall to which it is attached, or one hundred fifty (150) square feet, whichever is less. (5) Signs in commercial and industrial-MD districts. Detached signs shall not be permitted in Major/Dowlen/Gladys/Hwy. 105 Overlay commercial and industrial districts except as specifically authorized in this section. (A) Single-tenant business establishment. (i) Developments with less than eighty thousand (80,000) square feet in gross building area shall be permitted one (1) detached ^—nodes monument sign per street frontage that abuts the property. Developments with eighty thousand (80,000) square feet of gross building area or greater or developments with six hundred (600) feet or more of street frontage shall be permitted two (2) detached owner identifioatio signs per street frontage that abuts the property. (ii) These signs shall be permitted subject to the following conditions and restrictions: a. The sign shall not be greater than six (6) feet in height, the maximum height being measured from twenty-four (24) inches above the curb height adjacent to the property. b. The sign shall not exceed seventy (70) square feet in area with the sign facing not to exceed sixty (60) square feet. C. 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. 82 i d. The sign shall not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic FFadeF 13oafd signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. The sign face fnessage-eepy-may change no more than once every forty-five (45) seconds. 3. The sign face Message copy shall not include any flashing, flowing, alternating or blinking lights or animation. 4. Electronic fendef board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. 5. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. e. The sign shall meet the wind load requirements of the building code. f. The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. (B) Multi-tenant business development. (i) Developments with less than eighty (80,000) square feet in gross building area shall be permitted one (1) detached ewnee idea. n-monument sign for each street frontage that abuts the property. Developments with eighty thousand (80,000) square feet of gross building area or greater or developments with six hundred (600) feet or more of street frontage shall be permitted two (2) detached o _. identifieatiasrsigns per street frontage that abuts the property. (ii) These signs shall be permitted subject to the following conditions and restrictions: 83 i a. The sign shall not be greater than twenty (20) feet in height, the maximum height being measured from twenty- four (24) inches above the curb adjacent to the property. b. The sign shall not exceed two hundred forty (240) square feet in area with the sign facing not to exceed two hundred (200) square feet. C. 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. d. The sign shall not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic FeadeF bRaFd signs shall not be permitted, except as an attachment to or a part of a detached ewnee identi€jeatian sign. 2. No more than sixty (60) square feet shall be dedicated to electric changeable copy. 3. The Sian face may change no more than once every forty-five(45) seconds. 4. Message Sign face copy shall not include any flashing, flowing, alternating or blinking lights or animation. 5. Electronic ^^aeF beaFa signs that are part of a detached owner identification sign shall be allowed to have multiple colors. 6. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. e. The sign shall meet the wind load requirements of the building code. f. The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. 84 i (C) Gasoline retailers owner identification/pricing board signs. One (1) detached owner :aerdi fi ation. fief g board sign for each street frontage that abuts the property shall be permitted subject to the following conditions and restrictions: (i) Dowlen Road, Hwy. 105 and Major Drive. a. The sign shall not be greater than fifteen (15) feet in height, the maximum height being measured from twenty- four (24) inches above the curb height adjacent to the property. b. The sign shall not exceed one hundred (100) square feet in area with the sign facing not to exceed eighty-five (85) square feet. C. 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. d. The sign shall not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. No more than sixty (60) square feet shall be dedicated to electric changeable copy. 3. The message eepy Sign face may change no more than once every forty-five (45) seconds. 4. Message eefy Sign face shall not include any flashing, flowing, alternating or blinking lights or animation. 5. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. 85 i 6. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. e. The sign shall meet the wind load requirements of the building code. f. The sign shall be placed in a landscaped setting of not less than one hundred twenty (120) square feet. (ii) All other streets in the MD Sign Overlay District. a. The sign shall not be greater than six (6) feet in height, the maximum height being measured from twenty-four (24) inches above the curb height adjacent to the property. b. The sign shall not exceed seventy (70) square feet in area with the sign facing not to exceed sixty (60) square feet. C. 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. d. The sign shall not revolve or rotate in any manner nor shall it have flashing lights or any type of intermittent illumination, except as allowed below: 1. Electronic .,...a . _a signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. 2. The sign face -may change no more than once every forty-five (45) seconds. 3. The sign face Message-eep), shall not include any flashing, flowing, alternating or blinking lights or animation. 4. Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. 86 i 5. As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. C. The sign shall meet the wind load requirements of the building code. f. The sign shall be placed in a landscaped setting of not less than one hundred twenty(120) square feet. (g) Exemptions. The following signs are exempted from the requirements of this section: (1) Changing of permitted sign face eepy-of an existing bulletin board, general advertising poster or paint panel(s), display encasement, marquee, flat sign, [or] detached sign provided no increase occurs with respect to either the area or [of] such sign or the manner in which it is structurally supported. (2) Signs mounted or on or applied to trucks, buses or passenger vehicles which are used in the normal conduct of business. (3) Signs permitted by section 28.04.003 (e) of this chapter. (3) Nameplate and street uadse68 signs, e951ml-tmfeB-(3) sqcnac-feet :.. ... 4ze: (4) Nan illuminated F al estate signs, tempo.m� n .mtufe i of exeeedn�^ move than sixty foul (64) s e feet area, adye ..eal estate for al .. e of lease AF a« auffleing contemplated :m ends 4reel e pre. :ded `that eel., e e (1) s .eh sign shall be tied a each street Fenting the pFe..end.. The sign must he located n the property s„h:eet to sale a impoavernelit. (5) Construction signs, net toeed C rty (40) square feet in area and net leeetedan), red and denoting the ownef, reh:teet financial «stit.d:en gene..al eentFaetaF, subeantFaetaf, statement pei4ainina to 87 i he pfajvet pfeyWed that there is only n e (1) sign f. eash street eh..ttin.. the premises. (6) {1 P.... ing seeLiFity and tFaffic directional signs less than eight (8) square feet is afe and Fur (4) Cot in height Ivy) Election signs to upe" n na o ix& C60) days-mwEiEn less than eight (8) s feet etnrsn nd 4y (5) feet n height and net illuminated, when nlaepd .. :tl.'n a ..esidentielly zoned area Eleetien sign he Fe-m-e, ed .. :thin ten /1M days after the nleetien e neff eleetion i -muste. (84) Banner signs, on properties with institutional, commercial or industrial uses, when attached to a building. Detached banner signs, on properties with institutional, commercial or industrial uses, not exceeding twenty-one (21) square feet in area and five (5) feet in height, shall be allowed for each individual establishment or entity. Detached banner signs shall not be placed on any one (1) property more than five (5) times per calendar year and shall not be displayed for longer than thirty (30) consecutive days at any one (1) time with one (1) 30-day extension allowed for a total of sixty (60) days. Under no circumstances shall banner signs on any one property be allowed for more than one hundred fifty (150) days per calendar year. A banner permit of fifty dollars ($50.00) shall be required from the building codes division of the city for each display period. No banner sign shall be placed on city right-of-way. Banner signs shall be supported by non-permanent supports that are not permanently set in the ground. These supports shall be removed with the sign at the expiration of each allowed time period. (9),. Tfedition„l end seasonal national e and «eligious holiday display ted .. :tliaut advertising hell not be .object to the pfevisionqof thig ehe«te« bw shall be e, bjeet to the C.«e eade of the eit.. (4-05) Attached advertising signs located on nonprofit recreational facilities. (h) Continuation of nonconforming signs. (1) All lawful nonconforming an premise o _ identi4eation signs, other than advertising signs (billboards) shall be allowed to exist in the MD Sign Overlay District except as provided for herein. Provided however, when a nonconforming sign falls into disrepair, or is damaged by fire, 88 i area. The percentage of the landscaped open space area in excess of the landscaped open space required in section 28.04.006(c) [28.04.006(h)] shall determine the maximum percent reduction which will be permitted in the total number of off-street parking spaces. (b) Off-street loading regulations. The intent of this section is to ensure that an adequate off-street loading area is provided with the construction, alteration, or change of use of any business building or structure, or with any change in land use. (1) The owner and the occupier of any property upon which a business is located shall provide loading and unloading areas of sufficient number and facility to accommodate on such business premises all vehicles that will be reasonably expected to simultaneously deliver or receive materials or merchandise, and of sufficient size to accommodate all types of vehicles that will be reasonably expected to engage in such loading or unloading activities. (2) Any person desiring a building permit for the construction, alteration, or change of use of the land or any business building or structure shall submit a plot plan to the building official designating the number, dimensions and locations of all loading areas and all proposed avenues of ingress and egress to the property from adjacent public thoroughfares. The building official shall not issue such permit if it is determined that the proposed loading and unloading facilities will present a direct or indirect hazard to vehicular or pedestrian traffic. (3) Buildings and land uses within the CBD, Central Business District, and the PD, Port Development District, shall be exempt from the off-street loading requirements of this chapter unless, in the CBE), Central Business District, an owner or occupier or business property elects to provide off- street loading facilities, in which event, such facilities shall be approved as provided in these regulations. (Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 81-79, secs. 1, 3, adopted 10/6/81; Ordinance 82-134, sec. 7, adopted 12/14/82; Ordinance 87-33, secs. 4, 11, adopted 4/28/87; Ordinance 91-67, sec. 1, adopted 8/27/91; Ordinance 93-69, sec. 2, adopted 11/23/93; 1978 Code, sec. 30-27; Ordinance 14-067, sec. 1, adopted 12/9/14) 9, at Sec.28.04.003 Sign regulations (a) Permit requirements. No sign, unless herein excepted, shall be located, constructed, erected, altered, posted, attached, or painted until a building permit has 126 i been approved by the chief building inspector in accordance with the requirements of this chapter and the 24W current edition of the International Building Code, as adopted. (b) Signs in residential districts. Signs shall not be permitted in residential districts except as specifically authorized in this section. (1) One detached owner identification sign shall be permitted for a multiple-family dwelling development, nonresidential or institutional building for each abutting street, subject to the following restrictions: (A) The sign shall not exceed fifty (50) square feet in area; (B) The sign shall not exceed fifteen (15) feet in height; (C) The sign shall not have flashing lights, any type of intermittent illumination or revolve in any manner, except as allowed below: (i) Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. (ii) The message sign facemay change no more than once every forty-five (45) seconds. (iii) Message eefly Sign face shall not include any flashing, flowing, altemating or blinking lights or animation. (iv) As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. (v) Electronic reader board signs shall not be permitted in an historic district. (vi) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. (D) The sign shall be located a minimum of fifteen (15) feet from any property line; (E) The sign shall meet the wind load requirements of the building code. 127 i (2) One attached owner identification sign for a multiple-family dwelling development or institutional building may be attached flat against the wall of a building in the complex for each street abutting the development subject to the following restrictions: (A) The sign shall not exceed the height of the wall of the building to which it is attached; (B) The sign shall not be lighted except by reflective floodlight type illumination; (C) The sign shall not exceed forty (40) square feet in area. (3) One detached owner identification sign shall be permitted for a commercial use with a specific use permit in the RCR, Residential Conservation and Revitalization District, subject to the following conditions and restrictions: (A) The sign is included in the site plan approved in the specific use permit. (B) The sign shall not exceed forty(40) square feet in area. (C) The sign does not exceed fifteen (15) feet in height. (D) The sign shall not have any flashing lights, intermittent illumination, or revolve or rotate in any manner, except as allowed below: (i) Electronic reader board signs shall not be permitted if approved as part of the specific use permit. (ii) The message eeyy- si¢n face may change no more than once every forty-five (45) seconds. (iii) Message-copy Sign face shall not include any flashing, flowing, alternating or blinking lights or animation. (iv) As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. (v) Electronic reader board signs shall not be permitted in an historic district. 128 i (vi) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. (E) The sign shall be located a minimum of fifteen (15) feet from any property line or at the building setback line, whichever is less. (F) The sign shall meet the wind load requirements in the building code. (4) One (1) detached owner identification sign shall be permitted for a commercial use with a specific use permit in the RCR-H, Residential Conservation and Revitalization District, subject to section 28.03.018(e)(8)(A) of this chapter. (5) Two (2) attached owner identification signs shall be permitted for a commercial use with a specific use permit in the RCR-H, Residential Conservation and Revitalization District, subject to section 28.03.018(e)(8)(B) of this chapter. (6) One (1) detached identification sign may be constructed at the entrance of a single-family residential development of ten (10) acres or more. Such signs will be subject to the following conditions and restrictions: (i) Building wall signs will be prohibited. ii) The content of the sign may not be regulated. (iii) The sign shall not exceed twenty (20) square feet in area. (iv) The sign shall not exceed a height of five (5) feet above the ground. (v) The sign shall not be illuminated except by reflective floodlight type illumination. There shall not be any flashing or intermittent light. NO The sign shall be placed within a landscaped setting containing not less than one hundred twentv (120) square feet. (vii) All parts of the sign shall be located a minimum of fifteen (15) feet from the property line. (viii) The sign shall meet the wind load requirements of the building code. 129 i (c) Owner identification signs in commercial and industrial districts. Signs shall not be permitted in commercial or industrial districts except as specifically authorized in this section. (1) One detached owner identification sign, and one additional detached sign for each thoroughfare more than one that abuts the property, shall be permitted in the NC, Neighborhood Commercial District, and the OP, Office Park District, subject to the following conditions and restrictions: (A) The sign shall not exceed forty (40) square feet in area. (B) The sign shall not exceed fifteen (15) feet in height. (C) The sign shall not have any flashing lights, any type of intermittent illumination or revolve in any manner, except as allowed below: (i) Electronic reader board signs shall not be permitted, except as an attachment to or a part of a detached owner identification sign. (ii) The message eegy sign face may change no more than once every forty-five (45) seconds. (iii) Message copy—Sign face shall not include any flashing, flowing, alternating or blinking lights or animation. (iv) As measured at the property line, the maximum light emanation from a sign shall be no greater than 0.2 footcandles. (v) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colors. (D) The sign shall not be located in any required yard. (E) The sign shall meet the wind load requirements in the building code. (2) One (1) attached owner identification wall sign, plus one (1) additional attached sign for each thoroughfare more than one (1) that abuts 130 i the property shall be permitted in the NC, Neighborhood Commercial District, and OP, Office Park District, subject to the following restrictions: (A) The sign shall be attached flat against the wall of the building; (B) The sign shall not exceed the height of the wall of the building to which it is attached; (C) The allowable sign area may be equal to one (1) square foot for each one (1) lineal foot of store frontage with the sign area not to exceed seventy (70) square feet. (3) Owner identification signs shall be permitted for establishments located in NSC, GSG-GC-MD, GC-MD-2, C-M, L-1, H-1 Districts; provided that such signs shall not be greater than fifty (50) feet in height. The maximum height is 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, and provided further that the structural supports for such signs shall be set back not less than ten (10) feet from any property line or street right-of-way. No part of any sign shall overlay the street right-of-way. Where a structure existing at the effective date of this chapter precludes locating a sign in compliance with the setback regulations, the board of adjustment shall be authorized to grant a variance to the setback requirement. There shall be no restrictions or limitations on on-premise owner identification signs in the CBD, Central Business District, or the PD, Port Development District. Owner identification signs shall be permitted in PUD, Planned Unit Development District, with the location, height and number thereof being determined in accordance with the sign regulations for the zoning district which permits the designated use of the property. 54) Electronic reader board signs shall be permitted in the GC-MD. GC- MD-2 CBD -M LI HI and PD Districts suboect to t II conditions: A) The electronic reader board is to be attached to or a part of a detached owner identification sign (B) The ffig , sign face may change no more than once every forty-five(451 seconds 131 i (C) M s*,.,.e ���.. Sign face shall not include any flashing, flowing, la ternat pp or blinking lights or animation (D) As measured at the property line the maximum light emanation from a sign shall be no greater than 0 2 footcandles (E) No more than sixty (60) square feet or fifty (50) percent of the maximum sign area whichever is less shall be dedicated to electrical changeable cony (F) Electronic reader board signs that are part of a detached owner identification sign shall be allowed to have multiple colt (45) Sins in PUD Districts. (A) [Sign chart.] Use Type(B) Maximum Height(C) Maximum Area(C) Front Setback (in feet) (in square feet) (in feet) Multiple-family 15 20 25 Prof/med.services 15 40 20 Wholesale/retail trade 40 50 10 Industrial 50 50 10 (B) The city council may approve a sign which exceeds the maximum area and height where the planning commission has determined that the sign is compatible with abutting development. (C) The maximum area for owner identification signs in a PUD district having mixed land uses will be determined by the regulations for each use type as it appears in the chart in subsection (4)(A) above. L IT 'r GBI) n T.1 r r Llr and nil Wistpiets subj e.=t@ 132 i ...L:,1.�...... :,, i...,.. 814&11 130 d,.d:.....,.d .,. ,.1..,..�1 (6) Prohibition. Portable signs which are illuminated by any flashing, intermittent or moving lights shall be prohibited in all districts. (d) Advertising signs. Advertising signs shall not be permitted except as noted: (1) Permits. The city shall not issue permits for the construction of new advertising signs except under the following conditions: (A) All outdoor advertising companies shall provide to the city a complete list of all signs it owns or maintains within the limits and the extraterritorial jurisdiction (ETJ) of the city. This list shall include the location, size (area and height) and type of construction. (B) To reconstruct or replace an existing conforming advertising sign at the same location. Any sign that is reconstructed or replaced at the same location shall be the same size or smaller than the original sign. (C) To replace and relocate an existing advertising sign at one location with an advertising sign at another location. 133 i (i) Size of the replacement sign shall be one (1) square foot for one (1) square foot. Square footage may be cumulative as to each outdoor advertising company. (ii) Regardless of the size of the advertising sign to be replaced, the replaced advertising sign shall not exceed the height or area listed under subsection (d)(1) of this section. Area calculations shall exclude cutout extensions and apron trim without copy. The cumulative area of all extensions on any one sign shall not exceed twenty (20) percent of the area of the sign, excluding extension and apron trim without copy. Height shall be measured from the crown of the adjacent roadway to which the sign is oriented; provided that the board of adjustment may grant a special exception for a sign not to exceed ten (10) additional feet in height when, in its judgment, the sign will, at a lower height, block an existing sign or structure from view or be so blocked from view. Sign spacing, height and area shall be as follows: Sign Spacing Maximum Sign Maximum Sign Area Height 300 feet 20 feet 75 square feet 500 feet 25 feet 76 - 300 square feet 750 feet 30 feet* 301 - 672 square feet *Advertising signs fronting on an interstate highway or a federal-aid primary highway may not exceed forty (40) feet in height. (iii) Spacing. Sign spacing shall be as follows: a. The spacing of all advertising signs within 660 feet of an interstate highway (IH-10), a federal-aid primary highway (Hwys. 69, 96, 287), or a non-freeway federal-aid primary highway (Hwy. 90) shall be in accordance with the Texas Civil Statutes, article 4477-9a, as amended. As of March 3, 1986, the state regulations required the following spacings: On interstate freeways (I13-10) and on federal-aid primary highways (Hwys. 69, 96 and 287) the required spacing is one thousand five hundred (1,500) feet between advertising signs on the same side of the freeway. On non-freeway federal-aid 134 primary highways (Hwy. 90) the required spacing is 300 feet between advertising signs on the same side of the freeway. b. The following requirements shall be in effect for signs farther than 660 feet from a federal-aid primary highway or interstate highway. No advertising sign shall be located nearer than the spacing listed under this section to any other advertising sign, property zoned single-family residential, or property used as a public school, church, courthouse, city hall or public museum which fronts on the same street the sign fronts on. Spacing shall be based on the maximum height or area of the sign being erected, whichever is greater. (iv) Advertising signs shall be set back not less than twenty-five (25) feet from the right-of-way of the street, measured on a line perpendicular to the property line of the property on which the sign is to be installed, and not less than ten (10) feet from interior side yard property lines. (v) Shall be allowed a period not to exceed one (1) year from the time the original advertising sign is removed to the time that the replacement advertising sign must be installed. (vi) Replacement advertising signs shall only be permitted in those areas of the city that are zoned GC-MD, CM, LI and HI. (vii) No new advertising signs shall be constructed in the city's extraterritorial jurisdiction (ETJ) with the exception of state and federally controlled highways. (viii) The total number of advertising signs within the city limits and ETJ of the city shall not exceed the total number existing at the time of the adoption of the ordinance from which this subsection is derived. (ix) Advertising signs shall not be permitted on the following streets: a. Dowlen Road Extension; b. Walden Road from 1,370 feet west of the west right-of- way line of IH-10 west to the ETJ boundary; 135 i c. Concord Road from Gulf Street to Hwy. 105; d. Washington Blvd. from Langbam Road to Major Drive; e. Phelan Blvd. from Major Drive to Keith Road. (D) Prohibition. An outdoor advertising sign shall not be placed within three hundred (300) feet of the property line of any property which is zoned residential or used as a public park, public school, church, courthouse, city hall or public museum. (2) Traffic control conflicts. No advertising sign shall resemble an official marker erected by a governmental agency, nor shall an advertising sign obstruct from clear view any traffic signal or sign. (3) Illumination. Except for digital billboards as provided herein, advertising signs may be illuminated only by indirect lighting subject to the following conditions: (A) Signs which contain, include or are illuminated by flashing, intermittent or moving lights are prohibited, except for digital billboards, as defined in this chapter. Signs giving public service information such as, but not limited to, time, date, temperature, weather or similar information shall be permitted. (B) Lighting shall be shielded to prevent beams or rays from being directed at any portion of a traveled roadway or an occupied residential area and shall not be of such intensity or brilliance as to cause or impair vision. (C) Digital billboards that are illuminated shall be subject to the following restrictions: (i) The image or message sien face shall be static or fixed and lasting no _less than ten (10) seconds. Each screen message is to contain a single advertisement; (ii) The image or n3essage-sign face shall change to another image or message in a period of two seconds or less; (iii) The image or faessage-sien face shall not be animated, flashing, scrolling or contain video imagery; 136 i (iv) The image or ttte%age-sign face shall adjust its brightness as ambient light levels change so as not to be visually distracting; and (v) The digital billboard shall contain a default design that will freeze the sign's image or rnessage- sign face if a malfunction occurs. (4) Motion. Advertising signs shall not revolve or rotate or otherwise move in any manner. (5) Roof-mounted sign. Roof-mounted advertising signs are prohibited. (6) Structure. Advertising signs shall be constructed in accordance with the building code and electrical code. Signs shall be engineered to withstand a wind load of thirty (30) pounds per square foot. (7) Maintenance. (A) Advertising signs shall be maintained in good appearance and safe structural condition. The general area in the vicinity of any advertising sign shall be kept free and clear of sign materials, weed, debris, trash and litter. Maintenance or replacement of sign copy or structural repairs shall be conducted in a manner to protect adjacent properties from debris and litter. Signs shall be reposted regularly, and torn or ragged posters shall be repaired or covered promptly. (B) When a nonconforming advertising sign falls into disrepair or is damaged by fire, explosion, act of God or other calamity to the extent that the cost of reconstruction or repair exceeds fifty (50) percent of the replacement cost of the sign such nonconforming sign shall no longer be permitted. A nonconforming sign may be changed or altered or upgraded only to the extent that when the change, alteration or upgrade is complete, it is made to conform, in all aspects, to the sign regulations of the city. (e) Exemptio❑s. The following signs are exempted from the permit requirements of this chapter-seefien: (1) Changing of permitted sign face eepy-of an existing bulletin board, general advertising poster or paint panel(s), display encasement, marquee, flat sign, projecting sign, detached sign, or roof sign, provided no increase 137 i occurs with respect to either the area of any such sign or the manner in which it is structurally supported. (2) Signs on mounted on or applied to trucks, buses, or passenger vehicles which are used in the normal conduct of business. (3) In order to allow a Namepla4e and street address signs, an attached or detached sign ;egs-'�::r not more than three (3) square feet in size and less than five (5) feet in height shall be permitted. The content of the sign may not be regulated. (Al N illufn ted «eal estate .. eed:na t�7 , e e Fnef a ihan eight (8) sEluafe feet in area, advertising real estate for sale o lease or announeing eentemplated improvements of ..sal eswe; provided that a«ly one such sign shall he peFmitted on each street ffenting the (5) GenstFuction signs not to e.,eeed C.a., (40) square feet :n area and not leeated in any FeEluiFed . afd .Jena«:«g the owner, rch:teet f:naneial al aontraotor, ubr ,ate. of any statement peftaining to the pfe. idea that three :s on!), o sign for eaeh street ah .sting the (64) Window signs hung on the inside of the window or painted on the window glass. (7) Tempa..aFy deee«at, a Flags exel ding banners (95) Warning, security, and traffic directional signs, less than eight (8) square feet in area and four (4) feet in height. (9) EleeCa sign sixty (60) days m m leas than eight (8) squ—a feet iii. an,l six Ill feet :n height and net illufHinated when plaeed within a resident-ally .. ned a a Eleetions signs temp@Fmy in nature planed within a other zone. Eleetian signs must he Femoved within ten (10) der..s aAe.. the eleetten (4-06) Signs in the PD, Port Development District, and the CBD, Central Business District. (7) Election Season Supplementary Signs. The following additional temporary signs are exempt from permitting for a period of sixty (60) days 138 i prior and ten (10) days after an election involving candidates or measures for a federal, state or local election that involves a measure on the ballot of an election within the area. The content of the sign shall not be regulated. provided they are not located within the rights-of-wax (A) Properties with Single-Family or Two-Family Residential Uses: Unlimited number of temporary signs that are not more than sixteen (16) square feet in area and six (6) feet in height. (B) Properties with Institutional, Multi-Family, Commercial and Industrial Uses: Unlimited number of temporary signs: Unlimited number of temporary signs that are not more than forty (40) square feet in area and eight (8) feet in height. (8) Properties for Sale or Lease. The following temporary signs are exemp from permitting during the time in which a property is for sale or lease, provided they are removed within seven (7) days following the sale or lease of the property. Signs may not be located within the rights-of-way and content shall not be regulated. (A) Additional Temporary Signs on Properties with Single-Family or Two-Family Residential Uses: one additional nonilluminated temporary sign per street frontage, not more than eight (8) square feet in area and six (6) feet in height ($)Additional Temporary Signs on Properties with Institutional, Multi-Family. Commercial and Industrial Uses: Unlimited number of temporary signs, not more than fifty (50) square feet in area, not more than fifteen (15) in height. (9) Properties Under Construction. Properties that are actively under construction and for thirty (30) days after the issuance of a Certificate of Occupancy shall have no restrictions as to number and size of temporary signs, provided signs are not located within the rights-of-way. The content shall not be regulated. (10) Garage Sales. One additional nonilluminated temporary sign, not exceeding six (6) square feet in area and five (5) feet in height and not located within the right-of-way is permissible in all districts for ten (10) consecutive days in a calendar year prior to a garage sale, as allowed under section 28.04.008 (b)(21). 139 i (11) In the fifteen (15) days prior to and fifteen (15) days following the "Grand Opening" of a new business or institution, an additional temporary sign not exceeding twenty (20) square feet in area and five (5) feet in height is allowed. (12) Temporary Yard Lettering. One additional temporary sign not greater than sixty (60) square feet in area and five (5) feet in height for no more than seven (7) consecutive days. (13) Banner signs Other than those Banner sign restrictions specified in the Maior/Dowlen/Gladys/Hwy 105 Sign Overlay District, Attached Banner signs are exempt from permitting when located on properties with institutional commercial or industrial uses, attached to a building for not more than thirty (30) days. Detached banner signs on properties with institutional commercial or industrial uses, not exceeding twenty-one (21) square feet in area and five (5) feet in height, shall be allowed for no more than thirty (30) consecutive days. No banner sign shall be placed on city right-of-way. Detached Banner signs shall be supported by non-permanent supports that are not permanently set in the ground. These supports shall be removed with the sign at the expiration of each allowed time period. (f) Prohibited signs. No sign shall be attached or applied to trees, utility poles or trash receptacles or located within any public right-of-way. Signs with flashing lights or intermittent illumination shall be prohibited, except those signs that cannot be seen from the public right-of-way or as allowed under section 28.03.020(f)(3), section 28.03.020(f)(4), section 28.03.021(f)(4), section 28.03.021(f)(5), section 28.04.003(b)(1), section 28.04.003(b)(3), section 28.04.003(c)(1) and section 28.04.003(c)(5). Signs shall not revolve, of-rotate or move. No private sign shall resemble an official sign or marker erected by a governmental agency. Signs affixed to vehicles trailers or storage containers not used in the normal conduct of business. No sign shall be placed on any property in such a manner as to obstruct the view from the left or right of a vehicle from other traffic on the public right-of-way when lawfully entering the roadway. The city transportation manager shall have the right to order the removal of such signs by the property owner or by city crews, subject to a 10-day right of appeal by the owner to the board of adjustment, prior to removal. (g) Continuation and discontinuation of nonconforming signs. All nonconforming permanent signs, legally existing on the effective date of this chapter, may continue to exist; provided that signs which are fifty (50) percent or more structurally deteriorated shall be either removed or altered so as to comply with this chapter. Signs which are 140 i structure, complies with the yard and height regulations and the off-street parking requirements for the use of said building or structure. (3) No nonconforming building or structure shall be moved in whole or in part to another location on the lot on which it is located unless every portion of said building or structure is made to conform to all of the regulations of the district in which it is located. (4) A lawful nonconforming building or structure that is damaged by fire, explosion, act of God or other calamity may be repaired and reconstructed, provided there is no increase whatsoever in the degree or extent of the previously existing nonconformity. (5) A conforming building shall not be changed to a use which would result in the building becoming nonconforming. (d) Exemptions. (1) The limitations on nonconforming uses in this section shall not apply to any residential use existing at the time of the adoption of this chapter. (2) The limitations and restrictions of this section shall not apply to conforming uses lawfully existing at the time of the adoption of this chapter when the use has been changed in the district from a permitted use to a use permitted with a specific use permit, or when the use which was permitted by right prior to any district change has, after a change in districts, been changed to a use which requires a specific use permit. (Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 82-19, sec. 1, adopted 3/9/82; Ordinance 82-134, secs. 4, 5, adopted 12/14/82; Ordinance 85-21, sec. 1, adopted 2/26/85; Ordinance 93-28, sec. 1, adopted 8/24/93; Ordinance 98-7, sec. 9, adopted 2/3/98; 1978 Code, sec. 30-30) 4A u Sec.28.04.006 Landscaping and screening requirements (a) Purpose. The provisions of this section for the installation and maintenance of landscaping and screening are intended to protect the character and stability of residential, commercial, institutional and industrial areas, to conserve the value of land and buildings of surrounding properties and neighborhoods, to enhance the aesthetic and visual image of the community, to encourage the preservation of large trees which once removed can be replaced only after generations, and to assist with clean air. In no case shall these provisions restrict ADA requirements. 144 i Common Name Latin Name American Holly Ilex opaca Cherry Laurel Prunus caroliniana Chinese Fan Palm Livistona chinensis Chinese Fringe Tree Chioanthus virginicus Chinese Pistachio Pistacia chinesis Crape Myrtle Lagerstroemia indica and hybrid Flowering Pear Pyrus Calleryana `Bradford', `Aristocrat' Savannah Holly Ilex attenuate `Savannah' Golden Rain 'free Koelreuteria bipinnata Japanese Evergreen Oak Quercus glauca Loquat Eriobotrya japonica Mexican Plum Prunus mexieaaaMexicana Parsley Hawthorn Crataegus marshallii Pindo Palm Butiaeapitatacaoitate Purple Leaf Plum Prunus cerasifera River Birch Betula nigm Sweet Bay Magnolia Magnolia virginiana Texas Redbud Cercis canadensis `Texensis' Tree Ligustrum Ligustrum lucidum Tulip Magnolia Magnolia soulangiana Vitex V itex agnus-castus Wax Ligustrum Tree Ligustrum japconicum Yaupon Tree Ilex vomitoria SHRUBS FOR SCREENING REQUIREMENTS Shrubs: Maintain throe-foot beight or greater. Must be evergreen. Common Name Latin Name Banana Shrub, Magnolia Fuscata Michelia figo 158 i (Ordinance 81-17, sec. 1, adopted 3/10/81; 1978 Code, sec. 30-32) 9, u Sec.28.04.008 Special conditions (a) General. The following sections describe the special conditions under which certain uses are permitted in a zoning district when reference is made to one or more of said sections in the chapter. A building permit or certificate of occupancy shall not be issued for any permitted use with "special conditions" until all of the required conditions have been met. (b) Special conditions by use. (1) Cluster housing developments. Cluster housing developments shall meet each of the following conditions: (A) Area. The site shall contain two (2) or more acres of land. (B) Density. The minimum average net land area per dwelling unit shall be governed by section 28.03.024(b), but shall not include public and private streets in the development. (C) Yards. A minimum twenty-five-foot yard or open space area shall be required from all public street rights-of-way and from the boundary of the development. A minimum yard of ten (10) feet shall be established between all unattached dwellings. (D) Lot area aid yards. Individual lots are exempt from the minimum lot area and yard regulations otherwise imposed in this chapter. (E) Common open space. There shall be a minimum of one thousand (1,000) square feet of usable common open space per dwelling unit in the development. Common open space must be usable for recreational activities and must be assembled in contiguous areas of not less than ten thousand (10,000) square feet. (F) Final plat. A recorded final plat covering all the area of a cluster housing development shall be required before a building permit shall be issued. (G) Development phases. A description of planned development phases shall be included in the application for, and made a part of the approval of, the final plat for cluster housing development. Each 164 (B) No more than two (2) garage sales per calendar year per premises shall be allowed; (C) Hours of operation shall be limited from sunrise to sunset; (D) No merchandise shall be displayed or placed on the public right- of-way; and (E) Only one unlit sign, no larger than six (6) square feet, and set off of the public right-of-way shall be allowed. (F) Garage sales conducted out of a dwelling unit are exempt from the parking requirements. (22) Bed and breakfast facility. (A) General purpose and description. The establishment of bed and breakfast facilities has been found to not only provide an alternative type of lodging for visitors to Beaumont, but the income for such facility provides incentives from [for] maintaining Beaumont's older homes. This subsection is enacted on the basis of the public policy that supports the city as a tourist destination of persons interested in the architectural and historic significance of the city's older residential structures. This subsection focuses on the need to provide an incentive for owners of Beaumont's older homes to continue occupancy and maintenance of historic structures. (B) Definition. An owner-occupied private home built prior to 1950 and located within an historic district or awarded an HC-L designation and/or of historic significance which offers lodging for paying guests, which serves food to only those guests and which allows for limited social functions as regulated in this article [this subsection]. (C) Special regulations for bed and breakfast facilities. (i) Structure. The bed and breakfast facility shall be operated within the principal structure and not in any accessory structure. The owner shall live in the main structure. The structure to be used as a bed and breakfast facility shall have been constructed prior to 1950 and be located in an historical district or awarded an HC-L designation and/or of historic significance. 173 i Specific use pennit required. a. A specific use permit granted by city council is required for the establishment of a bed and breakfast facility, the granting of which is provided for in the city Code of Ordinances (section 28.02.008). b. An application for a specific use permit shall be filed with the director of planning, who shall prepare a report for review by the planning commission and city council. C. Issuance of a specific use permit by the city council, after recommendation by the planning commission, is conditioned on whether the proposed bed and breakfast facility will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents and buildings or structures. d. The specific use permit for a bed and breakfast facility shall expire once the applicant ceases to occupy the premises. Any subsequent occupant must apply for and be granted a new specific use permit prior to the continuation of use of the premises as a bed and breakfast facility. (iii) Size. A bed and breakfast facility shall not be less than two thousand five hundred (2,500) square feet in floor area. (iv) Number of guest rooms. A maximum number of five(5) guest rooms is allowed. (v) Management. The facility shall be owner occupied. (vi) Length of stay. Maximum length of stay is limited to fourteen (14) consecutive days in any thirty-day period of time. The resident owner shall keep a current guest register including names, addresses and dates of occupancy of all guests. (vii) Signage. Signs shall be permitted upon approval of a building permit by the chief building inspector and in accordance with the city Code of Ordinances (section 28.04.003). In those zoning districts that prohibit signs, a nameplate, not to exceed two (2) square feet in size and eensisting of 'up, name of th 174 i •a"'�y, shall be permitted. The nameplate shall be nonilluminated and shall be attached either to the structure or to the fence surrounding the property. The nameplate shall be compatible with the style and detailing of the house. (viii) Parkin. One (1) off-street parking space per guest room and for the owner is required. The maximum number of permitted spaces shall not exceed seven (7). The front yard shall not be used for off-street parking. All off-street parking must be screened from the street and from adjacent lots containing residential uses. Screening from the street and adjacent lots containing residential uses must comply with the standards established in the city Code of Ordinances (section 28.04.006). (ix) Additions and alterations. No exterior additions or alterations shall be made for the express purpose of maintaining or adding to a bed and breakfast facility, other than those required to meet health, safety and sanitation requirements. Minimal outward modification of the structure or grounds may be made if such changes are deemed compatible with the character of the area or neighborhood. Such alterations and additions must meet all zoning standards and building code requirements and must be approved by the historic landmark commission (when such property is located in a historic district, awarded an HC-L designation and/or of historic significance). (x) Other uses. a. The sale and/or display of merchandise or other commodities is prohibited. b. Weddings, receptions, luncheons, cocktail parties, or any other such function for which the owner receives payment for the use of the facility, and which is not a function for the personal use of the owner, their friends or relatives, may be allowed if sufficient off-street or satellite parking is provided and documented. The number of functions shall not exceed twenty-four (24) events per year nor more than two (2) events per month. The planning division is to be notified of the functions taking place. Notification shall be filed with the planning division on a quarterly basis, indicating the type of function, the date, and 175 2 May 4, 2021 Consider a resolution authorizing a contract for property insurance coverage for various city owned buildings and assets BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: May 4, 2021 REQUESTED ACTION: Consider a resolution authorizing a contract for property insurance coverage for various city owned buildings and assets. BACKGROUND Higginbotham, of Port Arthur, is the City's broker of record for securing the City's property insurance. The proposed annual premium for Property, Equipment Breakdown, Terrorism and Agency Fee is based on a total insured value of$240,244,396. The cost of the policy for this year is $1,710,642.77, a $167,600.51 increase from last year's premium of$1,543,042.26. The net rate(per$100 valuation) increased by 14.46%, from $0.57 to $0.65. The increase in rate is attributed to a hardening commercial property market and losses incurred by the City over the past few years. The policy renewal will be in effect from May 1, 2021 to May 1, 2022. Companies providing insurance are layered with exposure limited to the amount of damage incurred. All risk coverage, including Flood and Earth Movement, is provided by AmRisc, LP, Velocity Risk Underwriters (Lloyds), Swiss RE/First Specialty, AXIS Surplus Lines Insurance Company, Lloyds of London (Insurisk, LP), RSUI Indemnity Insurance Company, and Arrowhead Insurance Risk Managers. Boiler and Machinery coverage is provided by Liberty Mutual Fire Insurance Company. Terrorism coverage is provided by Lloyd's of London. The deductibles per occurrence for the new policy are as follows: Deductibles $50,000 Per Occurrence as respects to All Other Perils, Except as noted below: Named Storm Wind & Hail: 2%of the Sum of the Stated Values for each Location (affected by loss) identified in the Statement of Values subject to $250,000 minimum Per Occurrence Wind Driven Precipitation: 2%of the Sum of the Stated Values for each Location(affected by loss) identified in the Statement of Values subject to $250,000 minimum Per Occurrence All Other Wind &Hail: $50,000 Per Occurrence Flood: $50,000 Per Occurrence, Except as noted below: MAXIMUM NFIP, whether purchased or not, for Locations in Zones prefixed with A or V; plus $100,000 Per Occurrence; Except 2%of the total insurable values at each location in the loss or damage in any one Occurrence, subject to a minimum deductible of$100,000 in any one Occurrence for Flood caused by, resulting from, or associated with a Named Windstorm. Earth Movement: $50,000 Per Occurrence FUNDING SOURCE General Fund RECOMMENDATION Approval of resolution. t ?u v F P i x INSURANCE PROPOSAL Prepared for: r� City Of Beaumont r ,r w 1 � HIGGINB0THAM° Global Reach.Local Touch.Single Source. 500 W.13th Street Fort WaCh,TX 76102 (817)336-2377 1 iww hlaglnhothan.net TABLE OF • CoreService Team ..............................................................................................................................................3 RiskManagement Team......................................................................................................................................4 Supplemental......................................................................................................................................................5 HIGService24 Flyer.............................................................................................................................................6 PremiumSummary.............................................................................................................................................7 MarketList and Response...................................................................................................................................9 Property............................................................................................................................................................13 EquipmentBreakdown ................................................................................................................................................19 Terrorism..........................................................................................................................................................................21 Recommendations............................................................................................................................................23 E,b,rhi ,are in general(enne and do not change or replace th terms, rnd,t,r,,of(he oaliciesAd YOUR - Core Service Team Joe Bass,CIC Vice President, Business Insurance (409)736-7939 jbass@higgibotham.net Eric Sims Associate Producer (409)782-4922 esims@higginbotham.net Jill Forsythe,CISR Account Monager/Unit Supervisor (409)736-7923 jforsythe@higginbotham.net PJ Hawthorne Customer Service Representative (936)755-5919 pjhawthorne@higginbotham.net Explmabow ore in general terms nnAda no[cha;ige or replace!be 1 rnus or con Ai(io;is of the palicles RISK MANAGEMENT TEAM Managing Director of Risk Management Director of Claims Operations n (214)346-4122,vlae@hiMiabotham.net (817)347-7013,tkoonsman@higginbotham.oet 1Jordan Zobel g+ Director of Contract Review Associate Operations Manager Risk Technology a (817)349-2306,mjones@higginbotham.net (817)349-2303,jzobel@higginbotham.net 1 Directorof Coverage&Litigation RegionalOaims Leader (817)349-2503,apalmer@hiMinbotham.net (817)349-2210,pwolfe@higginbotham.net WS ttenior ContractAnalyst SeniorClaimsExecutive 817)349-211,cgeise@hininbotham.net (214)868-5757,jreed@higginbotham.net Alan Ponder, CSP A.V P.—Senior Loss Control Consulton t Senior Claims Executive (713)439-5224,aponder@higglnbotham.net (903)434-4750,p6vers@higginbotham.net Laura Lesher Senior Loss Control Consultant C/almSConsu/tont (903)434-4■■799,mbarley@higginbotham.net (903)434-4742,liesher@higginbotham.net Claims Coordinator ` . . % Available24/7 at(844)857-5899 (409)723-5906,nhoward@higginbotham.net "`•/// And reportaclaim@hiMinbotham.net weekdays Explaaalions me!n general tenus and do rmt chmige u�reprom the�erm5 m condillons of ure paPcie. SUPPLEMENTALTO PROPOSAL This insurance document is furnished to you as a matter of information for your convenience. It only summarizes the listed proposed policy(ies)and is not intended to reflect all terms and conditions or exclusions of each proposed policy(ies). Moreover, the information contained in this document reflects proposed coverage as of the effective dates)of the proposed poIicy(ies)and does not include subsequent changes. This document is not an insurance policy and does not amend, alter or extend the coverage afforded by the listed proposed policy(ies). The insurance afforded by the listed proposed policy(ies) is subject to all terms, exclusions and conditions of such proposed policy(ies). All coverages, coverage forms, rates, rating procedures, rating plans, deductibles and other provisions will apply in conformance with those used by the various Insurance Companies and authorized by the State Regulatory Authorities. Any provision contained herein which conflicts with State Regulations will be amended as required to conform. Higginbotham receives a commission based on a percentage of the premium from insurance companies for placement of insurance and service of our clients. Higginbotham may be eligible for additional compensation, bonuses or awards based on volume and profitability of business placed with some insurance providers. F"I, m""",are In genernl rerms and do norchn,qecrreptore,he terms or",),t,,of Ne polities „xr x ' s You know the saying—time is your most valuable asset. At Easy Access Higginbotham, we help you make the most of it with HIG Service24.With this software, you have a resource that To get started,go to https://portal.csr24.corVmvc/7282374 streamlines service, empowering you to communicate with to create a unique login ID and password that gives you your account team and take action on your insurance policies access to your insurance policies and keeps your information 2417. You get immediate fulfillment by logging into a secure protected.Or,contact your account team to get set up.Either online portal or mobile app. way you choose,you'll receive a user manual with step-by- step instructions so you can make the most of all the ways HIG Service Anytime, Anywhere Service24 makes the most of your time. HIG Service24 conveniently makes your insurance information immediately available to you so you'll never have to search for your policy documents again.And, you can act upon your policies for real-time service whenever the need arises on your computer or mobile device. Time-Saving Capabilities EN HIG Service24 is simple to use,letting you: - • Obtain Certificates of Insurance instantly. lim • Print auto ID cards on demand. — • Print lists of vehiclesr drivers or certificate holders. • Request policy changes,like updating your address or adding vehicles/drivers. • View your policy information. • Share documents with us. • Pay bills. • Report claims. PREMIUM SUMMARY - COMPARISON Renewal Expiring Coverage Exposure Premium Exposure Premium $240,244,396 $246,367,823 Total Insured Total Insured Commercial Property Value $1,649,360.80 Values $1,482,460.75 Rate: $0.6543 Rate:$0.5716 $240,244,396 $246,367,823 Equipment Breakdown Total Insured $22 343.00 Total Insured $21,188.00 Values Values $50,000,000 Limit $50,000,000 Limit Terrorism $100,000,000 $18,938.97 $100,000,000 $19,393.51 Limit Limit Agency Fee $20,000.00 $20,000.00 Total $1,710,642.77 $1,543,042.26 COMPANY BILL PAYMENT OPTIONS Commercial Property,Vacant Property, Equipment Breakdown,Terrorism and Agency Fee Premium of$1,710,642.77 due in full at time of binding—Premium Finance Available PAY ON-LINE https.Ilhigginbotham.epaypolicy.com Explonntlons ore in genaol terms ono ao not 0onge of.eploce ite Penns of conditiom of the rw""n Aj HISTORICAL RATES Historical Property Rate Historical • r • Terre TIV Bound Rate Increase Decrease from Premium Expiring 2013- $221,177,705 $1,427,823.00 $0.65 2014 2014 $221,380,040 $1,142,330.00 $0.52 -20,07% 2015 2015- $228,523,319 $1,130,372.00 $0.49 -4.14% 2016 2016- $239,287,919 $922,000.00 $0.39 -22.10% 2017 2017 $240,326,185 $886,033.00 $0.37 -4.32% 2018 2018 $238,759,793 $974,703.00 $0.41 10,73% 2019 2019 $246,306,390 $1,080,672.00 $0.44 7.47% 2020 2020- $246,367,823 $1,408,164.00 $0.57 29.55% 2021 2021 2022 $240,244,396 $1,649,360.80 $0.65 14.00% Total Decrease over the past 6 years 29.292% Explanations are In general temrs and do not chonge or replace the termso r con di rions of the policies MARKET REPSONSES Carrier Response AmRisc '. Lead Quote-$100M Per Occurrence—40%Participation '.. Velocity Risk Underwriters $100M Per Occurrence—15%Participation Swiss Re $25M Per Occurrence—15%Participation AXIS Surplus Lines Insurance Company '. $2SM Per Occurrence—15%Participation Lloyds of London $25M per Occurrence—15%Participation RSUI Indemnity Insurance Company $25M Per Occurrence in Excess of$25M Per Occurrence— 45%Participation Arrowhead Insurance Risk Managers $50M Per Occurrence in Excess of$50M Per Occurrence— 45%Participation RSUI Indemnty Insurance Company $146 3M Per Occurrence in Excess of$100M Per Occurrence '.. —100% Participation Explanations ore In general renns and do not cbanye or repiam me Kenos nr conditions of ine pofcies MARKET REPSONSES 12020 Market List and Response Unable to compete with the currant pricing;unable to quote with ACE Not Comgtitiw an open loss ftft QUOTED Incumbent Required Minimum Attachment of$SOM due to the frame ARCH Not Compotirdws Construction Arrowhead QUOTED Incumbent A.pen Not Competitive Excess Only;Unable to Compete with the Incumbents "is QUOTED Incumbent Buslay Dedioe Unable to quota due to the location Berkshire Decline Unable to meetn the targeted toes due to the construction and location Catalytic Decline Unable to compete with the Incumbents due to the loss Colony Not Clons"I ass Eacus Only;Unable to Compete with the Incumbents Ethoe Decline Lu cation of Risk Everest Not Competitive Excess Only;Unable to Compete with the Incumbents General Starr Not Comgtitiw Unable to compete,limited flood/CAT c.padty Hallmark Not Competitive Excess Only;Unable to Compete with the Incumbents HI c -Terrorism QUOTED Incumbent HAT Decline Due to occupancy and loss history I tiak QUOTED New Capacity lame.River Not Competitive Excess Only;Unable to Compete with the Incumbents laxington Not ComgtitWe Unable to meet the targeted terms due to the construction and location Uberty Equip QUOTED Incumbent !Mgh,D, Not Competitive Excess Only;Unable to Compete with the Incombenta Markel Incumbent,however needed W%more than Arrowhead who Not Competitive was able to expand their capacity Not Compedtiw Excess Only;Unable to Compete with the Incumbenta Munich Not Competitive Does not meet Minimum TIV Requirements Ona Beacon Not Competitive Exoess Only;Min Attachment of$IOOM-Unable to Compete with the Incumbent. Byinam Not Competitive Excess Only;Unable to Compete with the Incumbents RSUI QUOTED Incumbent Scottsdale Not Competitve Exuu Only;Unable to Compete with the Inctrmbenta Staff Seel lty Not Competittw Unable to meet the targeted terms due to the construction and Issas history Swiss Re QUOTED Incumbent THB/Ucyds QUOTED Incumbent Trawlers Not Competitive Unable to quote due to the location Velocity QUOTED Incumbent Zurich Not Competitive Would requirement a Min of a S%NS Deductible E.:ulanatlons are u,generoi t,,,and do no;0unge or+rpbce;he terms or mndtnons of the oalicies MARKET REPSONSES Market List and Response 2019 ACE Incunbem Not Competitive;Required a 20%Increase met Expirire Incumbent Quoted Required Minimum Attachment of$50M Due to Frame ARCH Not ConnWitive Construction Arrowhead Inmmbent Quoted Asset, NonCoMpettive Excess Onl �Unable to Com to with Incumbents AXIS Incumbent Quoted Beazley, Detl'med Unable to Qume due to Location Unable to Mee Me Targeted Terms due to the Construction and Berkshire Declined Locatldn Catalytic Declined Unable M Compete with incumbents due to the,lass Indicated Me same layer as Markel and Arrowhead,however Colony Indicated could not improve on Meir micang Indicated the same layer as Markel,however could not improve Ethos Indicatetl on their priang Unable to Men the Targeed Terms due to the Construction and Everest Decllned Location General Starr Not Com edtlVe beeas Only;Unable to CDTpHe With nNTMems Hallmark NotCompecitive Incumbent Quoted-Temodsm ICAT Dedined Due to Occupancy and Lass History busumik NewCapacry Quoted Wove River NatC m etitWe Evoess Oniv Unable to Comone with Incumbents Unable to Meet the Targeted Terms due to the Construction and LdAhgwn Not Compedlve tomuon. Uberry Incumbent Quoted Breakdown Ju 1C..Mftive hiveUnable Markel bent Quoted bliull etitive Excess Only;Unable to Con wth Incumbents MuniM etRive Does trot M en Mlnhnum TNP uirements Unable to Meet Me Targeted Terms due to the Construction and Navi tars etmve Luta iu One Beacon Net hive Excess On -Unable to Cam to with lnundal Pioneer ed Unable M oner Wmd Ca at Mis Time ed Excess On Unabl t m M1 nRSUI bent QuotedScoMcale ' we Excess On Unable to Currant whM1 Incumbents Starr Unable to Meet Me Targeted Terms due to Me Construction And SpetWlry Nat C0mPedt:S Loss History Incumbent Primary Market;Required a 20%Increase over Swiss Re Not Com Ex irin Explmmtlo.0 ore i,,genrrol mans antl Ao not thonye,replace the terms or tnndrions of me politics Ad MARKET REPSONSES t THB Incumb Wed T.v . Nofa.ac%iwe Unableta uotee tN l VelwW Incumbent quo d Zuticb Not Com MIH Unable to Guote due tone LocMion Exulmrations are!n general[eons and a'a rto[cFonge of repincc the leans ar candiGons of(Fe ooliciez PROPERTY AmRisc, LP; Non-Admitted; Rated AM Best A VIII or better Velocity Risk Underwriters; Not Rated Swiss Re; Rated AM Best A+XV Superior CARRIER AXIS Surplus Insurance Company, Rated AM Best A+XV Superior Lloyds of London; Non-Admitted; Rated AM Best A VIII or better RSUI Indemnity Insurance Company; Rated AM Best A+XIV Superior Arrowhead Insurance Risk Managers; Not Rated POLICY PERIOD 05/O1/2021 to 05/O1/2022 COVERAGE Property NAMED INSURED • City Of Beaumont PERILS INSURED Risks of Direct Physical Loss, Including Theft of Contents and Limited Transit Subject to Policy Terms, Conditions and Exclusions. Flood and Earthquake are specifically excluded. Please advise if quote for Flood and/or Earthquake are desired. COVERED LOCATIONS As per the Schedule of Values on File with the Company TOTAL INSURED VALUE $240,244,396—Breakdown As Follows Real Property: $167,635,044 Contents: $ 30,645,652 Other: $ 39,963,700 Business Income: $ 2,000,000 LIMIT OF LIABILITY $240,244,396 per Occurrence—Blanket per Location, Except Business Income is Blanket Across All Locations CARRIER LIMIT As Per The Carrier Participation Schedule E"),abons ore in 9eneml[eons antl de em cb..nge or rzGlom Ile leans o,cand,t,o,o/(he oa Pciea PROPERTY EXTENSIONS AND SUBLIMITS Form Type Iunlm oUterwise identified!: Compass Standard Endorsements Uclusion of Certified Acts of Terrerism(AA TRIA UCL 0215) Standartl forms/entlts,avail upon red. Extensions And Suhlinits praerem Suilinils firth Movement per etc&son Aar for all Locations combined:subject to: $15,00111000 Earth Movementperocc&annaggr: f ,AK&HI Not Covereed Earth Movement per occ&son aggr: OR&WA Not Covered Earth Movement perocc&ann aWL New Madrid Not Covered NooL,par ou&ann aggr roar all Laations combinetl:subject to: smiAW.aB0 Flood,per acc&ann q0: Zone,A&V SSOA00.W0 Accounts Rxeivabha $1,W0,000 Civil or Military A sim,nW,the lesser of Not Covered Contingent Time Elamem;the I.,of NotE aree Con Vectors E,,nor 1,unxhetluled:owned,leased rented or borrowed $1W,OW Any One hero S2S," Course of Construction SI,WO,OW Course of Construction Soh Costs SIW,WO Debris Removal:the lesser of 25%J sminsi W Electronic Dau and Media 55,0WAW 6ron or Omissions $11000400 Fnended Period of Indemnity Not Covered E aEapeme/E,pedaing Expense SI,WO,WO Fine Arta $SWAW Fin Bn,de Gagaa $100,000 Fungus,Molds,Mildew,Spores,Yeast(par ocr/ann aW) $15,000 Ingress/EQess Not covered Leasehold Interest SIOOAW 6maed pollution Coverage,(Annual Aggregate) MIKIG Lock Replacement $25,000 Mil.lienaoua Unnamed Loratiom $SW.000 Newly Acquired property W days mad$sAW Ordinance or Law: e .,A: Incl In Bldg limit Coverage B: 2o%par bidg,ma,$IBM per not Coverage C: nclvaed with Co.,B Coverage D: Inc!an the TE,KcxWd I Explanations arc L:genernl terms ontl tlo not 0opoe o.rapl<:ce use potties PROPERTY EXTENSIONS AND SUBLIMITS Cpyerepe E Included in km RYRaind limit Oran.,Paymll Not Covered Plants,lawns,trees or shrubs 5lal My one plan[,Imi tree or shrub $25,000 Profassional F.Mmul Appeepate) S100,000 Resli iminp nundme,dr repi in,land improvements S10,000 Reward R•imbunem mt $25,000 Itm ahles Not covered Service len rruption(72 hr 9.Ir in,period) $1A00A00 spoRMe siWA00 Time Element Monthly l'enitation N/A remit $1A00.000 UnderpomM pipes,Elum&drum $100,1100 Valuable Papers and ReroMs $1,000,t100 Sinkhole Loss Extension M Per Sa undule Wind Driven P,d,,,m i•n Per Occ and Mn AU $SOO,tx10 Muskat hntrumenul Equipment S2SO."/Mmimum$10,0M per hem DEDUCTIBLES Note: Per occurrence unless stated otherwise. $50,000 Per Occurrence as respects All Other Perils, EXCEPT as noted below: • Named Storm Wind&Hail: 2%of the Sum of the Stated Values for each Location (affected by loss) identified in the Statement of Values subject to$250,000 minimum per occurrence • Wind Driven Precipitation: 2%of the Sum of the Stated Values for each Location (affected by loss) identified in the Statement of Values subject to$250,000 minimum per occurrence • All Other Wind& Hail: $50,000 per occurrence • Flood: $50,000 per occurrence, Except MAXIMUM NFIP,whether purchased or not,for Locations in Zones prefixed with A or V; plus $100,000 per Occurrence; Except 2%of the total insurable values at each location involved in the loss or damage in any one Occurrence,subject to a minimum deductible of$100,000 in any one Occurrence for Flood caused by, resulting from, or associated with a Named Windstorm. • Earth Movement:$50,000 per occurrence Explanatiaru are I,,yenem!terms"d ao not change or replace the terms orroudRims of the oalicies PROPERTY CO-INSURANCE • Waived • 1/121h Monthly Limitation—Time Element VALUATION • Replacement Cost as respects to Property Damage • Actual cash Value as respects motor vehicles and roof coverings if originally installed or last fully replaced prior to 2006. • Actual Loss Sustained as respects Time Element PREMIUM $1,571,906.00 Premium $ 9,250.00 Fees $ 68,150.90 Surplus Lines Tax $ 1,053.90 Stamping Fee $1,649,360.80 Note This insurance contract is with an insurer not licensed to transact insurance in this state and is issued and delivered as a surplus lines coverage pursuant to the Texas Insurance statutes. The State Board of Insurance does not audit the finances or review the solvency of the surplus lines insurer providing this coverage,and this insurer is not a member of the property and casualty insurance guaranty association created under Texas Insurance Code §462. Texas Insurance Code§225.004, requires payment of 4.85 percent tax on gross premium. E,wr,11111n5 arc in ernaral I1rt19 and da ool Change of replace the leans or ronditions c f the polios EQUIPMENT . • CARRIER Liberty Mutual Fire Insurance Company(Admitted) BEST'S RATING A%V Excellent POLICY PERIOD 05/01/2021-05/01/2022 COVERAGE Equipment Breakdown NAMED INSURED e City of Beaumont TOTAL INSURED VALUE $240,244,396—Breakdown As Follows Real Property: $167,635,044 Contents: $30,645,652 Other: $ 39,963,700 Business Income: $ 2,000,000 COVERED LOCATIONS As per the Schedule of Values on File with the Company Insurance applies only to a coverage for which a Limit of Insurance,a number of Days/Hours or the word INCLUDED is shown. If INCLUDED is shown,then fire limit fartivitcmeragets part of the Limit Per Breakdown Coverage Limit Of Insurance Or Da Houm Limit Per Breakdown $50,000,000 1. Pm Dama a. Included 2. Expodkina Ez rises 9250000 0. Busimss Income 92000000 a. Extra Expense Combined with Business Income b. Extended Period Of Restoration g Of Days Of Coverage) 90 days e. Data Or Metlia $250 000 4. Spoilage Dama a $250000 5. Utility interruption $2,000 000 (The maximum limit for Utility Imenuptlon,snd)ecl to any applimble lower coverage limits,including business income, extra expense an&ar imoilag. res a. it the vManglun of severs lasts al least 24 Hours 6. 1 Aci uked Promises $2000000 a. Number Of Days Of Cove 90 Da 7. Ordinance Or Law 62,000 000 6. Enron Ant!Omisslons Included 9. Bramis AM LaGls Induded 10. Comin I Buskuss InoomNEttra Ez nsa 92 000 000 a. Coveretl Pnemses: Dfmct Su rem aM Reu Tents b. I of Services or Mmenals;or Sales: All Services 8 Materials ExUlana tion5 are in aenernl terms and do not change or replace the'emu or mndlnm¢of❑"polices EQUIPMENT . • Unless a higher IYN1«INCLIAED is gloen,the most"w it pay for eirecl dangge to Coveredi property 5 425.000 fW each of the fcl wng 1 hndds an,partof,not n add ron to "Property DamWage or Lunt Per Bleakdovn. Coverage Limitations LknH Of Insurance Ammonia Contamination $250 000 Consequential Loss $250 000 Data And Media $250 000 Haaardous Substance $250.000 Water Dama $250 000 Limited Coverage for Fungus,Wet Rot and Dry Rot Limit $15000 Business Income and/or Extra Expense—Number of Days witays Increased Cost of Loss and Reiaud Ex nses for"Green"U rodes Pro DamageLimk s100000 Business Income and/or Extra Ex nse—Number of Das 30 Da Conditions And Optional Con,eragent Business Income Report Date Business Income Annual Value Business Income Coinsurance Percentage Waived Diagnostic E ui ment Included Or Excluded Included Equipment Breakdown Enhancement Endorsement(See attached Included form for full details)—Key enhancements Include: Civil Authority extension within 100 miles/4 weeks Ingrass/Egrns-s250,000 sublimit - Claim Preparation Fees-$250.000 sublimh Dependent Location extension for Contingent BNEE - 150%replacement cost for Safety Improvements Other ConditionsfAdditional Coverage Extensiens/Rstrictions: e Limit of Insurance OR Premises Equipment Coverage: $50,000 DEDUCTIBLES e $25,000 Property Damage e 24 Hours Business Income • Included in BI—Extra Expense • Included in PD-Spoilage PREMIUM $22,343.00 �ul0notions ore Li 9enerzJ terms mid d0 not change of replace the:erne o,rondLmns of No policies TERRORISM CARRIER Lloyds of London (Admitted) BEST'S RATING A%V Excellent POLICY PERIOD 05/01/2021-OS/01/2022 COVERAGE Terrorism NAMED INSURED City of Beaumont TOTAL INSURED VALUE $240,244,396—Breakdown As Follows Real Property: $167,635,044 Contents: $30,645,652 Other: $ 39,963,700 Business Income: $ 2,000,000 COVERED LOCATIONS As per the Schedule of Values on File with the Company PERILS COVERED Coverage Part Layer Limit of Liability Hiscox Parocipatio $100,000,000 Per Occurrence Terrorism and Sabotage $100,000,000 Aggregate 100% $1,000,000 Each Claim/ Terrorism and Sabotage Liability $2,000,000 Aggregate 100% LIMIT OF LIABILITY $100,000,000 Per Occurrence and in the aggregate for all coverages combined enia�aaons ore m ge�emi reran,o�d do„o�rno�ee or revmre me rer,osor ro�mro�s of n,�oor�e. TERRORISM SUBLIMITS Municipalities Terrorism and Sabotage Coverage Part:TRS P0005 CW(0749) Hiscoz Paniupalim: t00% Hiscoe municipalities Tenons n and Sabotage Lima of Liabdity S 100,000,000 Per Occurrence I$100,000,000 Aggregate Total Insumd Value: $240244,396 Business Imern pticn Sublynt $2.001 Civil a Nattily Au dionty Sueimit $1,000,000,30 Day(s),and 1 hie(s) Debris Rernwat EVenses S birnt $10.000,000 Decontaminabon Costs Excluding HCBR Sul $2,500,00D Demolition and Increased Cost or Construction Suiting $5,000,000 Erors and Omissions Sub unit $10,000,000 Eledronc Data Processing Melia Subledt $1,000,000 Extended!Period of Indern ily Subldrit S 0 and IN Day(5) Fine An Sublimd $1,000,000 IngresslEgrees Sublimit $1000,000,30 Day(s),and 1 Weis) Preservation or Property Sublime $250,000 Professional Fees Sublirrtt It 1,1)00,000 Relocation Erperse Sublirryt $250,000 Service lnteruptim S19ynyt $10,000,000,30 Day(s),and I l$le(s) Transit Sueimt $2,500,000 Valuable Papers Sublimt $1,000,000 Accounts Receivable Subliod $2,500,()W Asbestos Sutin tt $500.000 Automatic Coverage SuUan1 $25,000,000 and 90 Day(s) Concussions,Profits,and Royalties Snblmtt $250.000 Contingent Business Interruption—Nwed S�ppl M Cnsloners $2,000,000 Sublimes Contingent Busyness Intemption—Unnamed SuyplatilCuustamas $0 SWUi rid Delay in Sarti Cents SuDiyna $250,001) Fire Protective Systems Suelmtt $10,000 Green Building Additional Expense Subllmd $250,000 Key and Lock Bpeiee Subla d $250,000 Landscaping Subli rid $10.000 Leasehold Merest Sbenrt $2,00),000 ......9eneml renns and do rim,hung,of reploce tie terra o; f ibe parities TERRORISM SUBLIMITS Loss of AOraolbn Sudimil $D.0 Day(s),and 0 Miles) Miscellaneous Unnamed Locations Slmlimt $10,000,000 and 30 Day(s) NeMy Acquired Locations Sudrcrit $1,W0000 and 90 Day(s) Property In Course of Castmction Slltirint $1,000,00D Rental Inane Suomi $2,000,000 Soft Cents SW" $250,000 Deducttte'. $50.000 Waiting Period: 0 Hour(s) Mwldpalllles Terrorism and Sabotage Premium: $16.050 Endorsements: NONE Unless ovxvwtse spe ,all subllnali lismcl above apply on a per oocunenxe Oasts and are a part or,and nor In admtiorr to,the Munio'paNaes Terrmsrn and sab age Nrrvf orhaway Terrorism and Sabotage I-lability Coverage Part:TR6 P0011 CW(1148) -sax Participation 10096 FAsax Ten imun and Sabotage Uablidy Unit of L Idy $1000,0W Can Clalm I$2,00 ,000 Aggrega* Total Irl9Jmd value: $2402M,3% DetlrxltlYe: $50,000 Walling Period 0 HDuns) Terrorism and Sabotage liabli y Premium: $?000 Erxlorserlenl5: NONE TERMS&CONDITIONS • No Flat Cancellations; • 30 Day Notice of Cancellation,except 10 days for nonpayment of premium or material misstatement; • Fees are fully earned and nonrefundable; • Nonpayment of premium(s) is considered insured's request to cancel-Requested cancellations are subject to short-rate calculations and severe penalties; • Limits are specific per the Schedule of Values on file with the Company; NOT blanket; • This insurance is subject to the terms,conditions, limitations of the policy(ies) in current use by the Insurance Company and the endorsement(s) required by the Underwriter. PREMIUM $18,050.00 Premium (Included non-admitted&admitted premiums) $ 875.43 State Tax 13.54 Stamping Fee $18,938.97 TOTAL Exylanntians are in general le�ms and do no[[nnngc or replace IFe terms or rond,tlons of the policies Ad RECOMMENDATIONS PROPERTY&CASUALTY COMMON INSURANCE COVERAGE RECOMMENDATIONS • Property Coverages • Liability Coverages • Cyber/Identity Theft/Crime • Automobile Coverage • Workers'Compensation Coverages • Umbrella • Directors&Officers Liability/Employment Practices Fiduciary • Foreign Coverages BOND RECOMMENDATIONS • Contract • Court • Fidelity • Financial Institution • License&Permit • Probate • Public Official • Surety EMPLOYEE BENEFITS RECOMMENDATIONS • HR Services • Group Medical • Group Dental • Group Life and Accidental Death&Dismemberment • Long Term Care • Section 125 Cafeteria Plans • Short Term Disability • Vision • Individual Medical/Dental LIFE DEPARTMENT RECOMMENDATIONS • Business Planning • Estate Planning RETIREMENT PLAN SERVICES RECOMMENDATIONS • Qualified Plans • Non-Qualified Plans PERSONAL LINES INSURANCE RECOMMENDATIONS • Automobile • Home • Flood/Earthquake • Umbrella • Farm&Ranch • Watercraft/Recreational Vehicles • Personal Articles Floater Expfonatiaru are in genemllerms ,,d nnr chmipe or replace[he terms or ronditions of the policies RECOMMENDATIONS INSURANCE CERTIFICATE MANAGEMENT RECOMMENDATIONS CertCon Services(an affiliate of Higginbotham) • Reviews Certificates of Insurance to ensure that the requirements in Master Service Agreements,leases, subcontracts and other agreements are met • Provides web access to the compliance status of any vendor,tenant or subcontractor • Controls insurance costs by avoiding unnecessary claims payments under the policy • Helps reduce premiums and keeps clients insurable Certificate Processing • Helps to implement industry-specific agreements • Requests and receives certificates from vendors,tenants,subcontractors,suppliers and others • Analyzes certificates for compliance with agreements • Mails or emails non-compliance reports requesting corrections • Monitors expiration dates and requests renewal certificates • Re-analyzes certificates upon renewal of insurance • Updates clients of the insurance status(e.g.compliance standing,contract information,requirements,etc.)via website login CertCon Services Contact Rick Carson, Director of Operations 8 -D8 SERVICES rcarsonrson@certcon.com ExPlmiatlmo ore 11 general ranns and do nor change or replace 0e leans or nndd,on,of the uof,, AA RECOMMENDATIONS RISK MANAGEMENT INFORMATION SYSTEMS MyWave Portal® MyWave is a personalized Web site that allows you to click,connect and communicate with Higginbotham.It's designed to offer you time-saving resources that build convenience into managing your everyday work tasks—whether you want to collaborate with our agency online,quickly access timely news,information and resources,or connect with more than 100,000 peers in your industry. • Collaboration Center • Survey Benchmarking • Community MYWaveRM® Whether you're looking for flyers to help support your employee safety programs or searching for Workers' Compensation information, MyWave's Risk Management Center combines efficiency with user-friendly tools and resources you will use time and time again. • Safetyzone • Documents on Command • Resources • Online Services MyWaveOSHA® To help you simplify and manage your OSHA reporting,we've gathered the occupational safety resources you need into one easily-accessible spot, with functionality and content designed to help you efficiently meet your OSHA reporting needs. • Local and Resourceful • OSHA Log Forms • Reports and Analyses • FAOs SUCCEED RISK MANAGEMENT CENTER" The Risk Management Center is a repository of tools that empowers you to proactively manage your risk exposures and reduce claims, losses and associated costs. Too, importing your claims data into the Center reveals the root causes of your losses through vivid reports. This information assists in determining the effectiveness of your overall property and casualty insurance programs and provides vital information for making loss control and risk management program changes. Nearly every exhibit contains brilliant charts to make the data easier to comprehend. • Online Training Library • IncidentTracking/Trending and Claims Reporting • Employee Training Management • Safety Data Sheet Management • Behavior Based Safety Track • Job Description Track • Certificate of Insurance Management Explanations are rn tJPnP1➢I ICnns Und d0 nod change or replace Lhe terms ormnditions of rhC poliafs RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the City Manager be and he is hereby authorized to execute a contract for fire, extended coverage, flood and quake property insurance for the annual premium amount of $1,710,642.77 through Higginbotham, of Port Arthur, Texas, as broker, for all risk coverage, including Flood and Earth Movement provided by AmRisc, LP, Velocity Risk Underwriters(Lloyds), Swiss RE/First Specialty,AXIS Surplus Lines Insurance Company, Lloyds of London, (Insurisk, LP), RSUI Indemnity Insurance Company, and Arrowhead Insurance Risk Managers effective May 1, 2021, boiler and machinery coverage provided by Liberty Mutual Fire Insurance Company effective May 1, 2021; and, terrorism coverage provided by Lloyd's of London effective May 1, 2021. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of May, 2021. - Mayor Becky Ames -