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HomeMy WebLinkAboutPACKET JUL 31 2001 C City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 31, 2001 1:30 P.M. AGENDA OPENING • Invocation Pledge Roll Call • Presentations and Recognition • Public Comment: Persons may speak on scheduled agenda item 1 • Consent Agenda GENERAL BUSINESS 1. Consider amending Section 13-16 of the Code of Ordinances relating to health fees 2. PUBLIC HEARING: City of Beaumont's Drought Contingency Plan in compliance with Title 30 Texas Administrative Code Chapter 288 Consider an ordinance amending Chapter 28, Article III by adding Section 28-58, adopting a drought contingency plan 3. PUBLIC HEARING: Dilapidated Structures Consider an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders WORK SESSION * Review and discuss City Manager's revised FY 2002 Budget proposal COMMENTS • Councilmembers comment on various matters • City Manager Report- Revised City Manager's FY 2002 Budget Proposal, Strategic Action Plan Status Report, Airport Improvement Update, City Warrants Initiative, Grease and Grit Trap Workshop and Savings from Eliminated Positions • Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Mary A. Sonnier-Ligon v. City of Beaumont Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Haves at 880-3716 a day prior to the meeting. 1 July 31, 2001 Consider amending Section 13-16 of the Code of Ordinances relating to health fees City o f Beaumont Council Agenda Item z c g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: July 31, 2001 AGENDA MEMO DATE: July 25, 2001 REQUESTED ACTION: Consider amending Section 13 - 16 of the Code of Ordinances relating to health fees RECOMMENDATION The administration recommends that Council approve an increase in some of the fees charged in Vital Statistics. BACKGROUND During the budget planning process, departments were asked to consider whether fees could be increased for the various services provided. The City currently charges $11 for birth certificates and $9 for death certificates (subsequent copies of death certificates are $3). The Public Health Department reviewed the fees charged for its services and determined that several additional fees are reasonable. The department is recommending that the fee structure be modified to include: Computer Resource Charge $ 1.83 Search of Vital Records $11 Expedited Service Fee $10 Assistance with Applications $10 Agenda Item p. 2 July 25, 2001 The Computer Resource Charge would be applicable to birth records and would be charged in addition to the current fees for birth certificates. The Search of Vital Records fee would be for providing genealogical searches. The expedited service fee would apply when expedited mail service is requested. The State Bureau of Vital Statistics amends vital records when presented with properly completed applications. The Assistance with Applications fee would apply when assistance completing a State form is requested. BUDGETARY IMPACT The fees recommended are intended to produce additional revenues and take into account the associated elasticity of demand. In conjunction with this demand, these fees will generate about $55,000 in added revenues bringing total vital statistics fees to about $215,000. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Public Health Director RECOMMENDED MOTION Approve/deny amending Section 13 - 16 of the Code of Ordinances relating to health fees. 2 July 31, 2001 PUBLIC HEARING: City of Beaumont's Drought Contingency Plan in compliance with Title 30 Texas Administrative Code Chapter 288 Consider an ordinance amending Chapter 28, Article III by adding Section 28-58, adopting a drought contingency plan 'WOW,cl City of Beaumont M Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joseph G. Majdalani, Water Utilities Manager MEETING DATE: July 31, 2001 AGENDA MEMO DATE: July 25, 2001 REQUESTED ACTION: Council consider an ordinance amending Chapter 28, Article III by adding Section 28-58, adopting a drought contingency plan; establishing criteria for the initiation and termination of drought response stages; establishing restrictions on certain water uses; establishing penalties for the violation of and provisions for enforcement of these restrictions and establishing procedures for granting variances. PUBLIC HEARING: Present the City of Beaumont's Drought Contingency Plan in compliance with Title 30 Texas Administrative Code Chapter 288. RECOMMENDATION Administration recommends Council consider an ordinance adding Section 28-58 to Chapter 28, Article III of the Code of Ordinances adopting a drought contingency plan. BACKGROUND The Texas Natural Resource Conservation Commission(TNRCC)requires a wholesale public water supplier that holds a water right for the amount of 1,000 acre-feet or more for municipal use, and provides water service to 3,300 or more connections must submit a drought contingency plan. The plan must meet all of the minimum requirements as set forth in the TNRCC Rules, Title 30 Texas Administrative Code Chapter 288. Since drought is a recurring event in Texas, the purpose of this plan is to provide the City of Beaumont with a framework for an integrated approach to minimize the impacts of drought on the community and resources. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, and Water Utilities Manager. RECOMMENDED MOTION Approve/Deny a resolution adopting a drought contingency plan that meets all of the minimum requirements as set forth in the TNRCC Rules, Title 30 Texas Administrative Code Chapter 288. ORDINANCE NO. ANI ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, ADOPTING A DROUGHT CONTINGENCE PLAN; ESTABLISHING CRITERIA FOR THE INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN WATERUSES,ESTABLISHINGPENALTIES FORTHE VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF THESE RESTRICTIONS; ESTABLISHING PROCEDURES FOR GRANTING VARIANCES; AND PROVIDING SEVERABILPTY AND AN EFFECTIVE DATE. tk'1-IEREAS,the Cite of Beaumont,Texas recognizes that the amount of water available to the City and its water utility customers is limited and subject to depletion during periods of extended drought; %lv'HEREAS,the Cite recognizes that natural limitations due to drought conditions and other ads of God cannot guarantee an uninterrupted water supply for all purposes; WHEREAS,Section 11.1272 of the Texas Water Code and applicable rules of the Texas Natural Resource Conservation Commission require all public water supply systems in Texas to prepare a drought contingency plan; and WHEREAS,as authorize under law,and in the best interests of the citizens of Beaumont,Texas,the Beaumont City Council(gevenung body)deems it expedient and necessary to establish certain rules and policies for the orderly and efficient management of limited water supplies during drought and other water supply emergencies, NOW THEREFORE,BE IT ORDAINED BY THE CITY OF BEAUMONT,TEXAS: SECTION 1. That the City of Beaumont,Texas Drought Contingency Plan attached hereto as Exhibit A and made part hereof for all purposes be,and the same is hereby,adopted as the official policy of the City. SECTION 2. That all ordinances that are in conflict with the provisions of this ordinance be,and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect SECTION 3. Should any paragraph,sentence,subdivision,clause,phrase,or section of this ordinance be adjudged or held to be unconstitutional,illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof,other than the part so declared to be invalid,illegal or unconstitutional- 1 SECTION 4. This ordinance shall take effect immediately from and after its passage and the publication of the caption,as the law in such cases provides. DULY PASSED BY THE CITY OF BEAUMONT,TEXAS,on the 31 ST DAY OF JULY,2001. APPROVED: MAYOR ATIFSTED TO: CITY SECRETARY APPROVED AS TO FORM: 2 "Exhibit A" Amendment to Resolution 92-184 dated the 15'day of July, 1992 DROUGHT CONTINGENCY PLAN FOR THE City of Beaumont July 23, 2001 Section I: Declaration of Policy, Purpose,and Intent In order to conserve the available water supply and protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health,welfare,and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Beaumont hereby adopts the following regulations and restrictions on the delivery and consumption of Mater. Water uses regulated or prohibited under this Drought Contingency Plan are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s)to penalties as defined in Section XI of this Plan. Section H: Public Involvement Opportunity for the public to provide input into the preparation of the Plan was provided by the City ofBeaumont by means of providing public meeting to provide opportunity to allow public input.The meeting was publicly announced through the Beaumont Enterprise. The notice for the meeting was posted at City Hall 801 Main St. and the meeting was held July 31, 2001. Section III: Public Education The City of Beaumont will periodically provide the public with information about the Plan,including information about the conditions under which each stage of the Plan is to be initiated or terminated and the drought response measures to be implemented in each stage. This information will be provided by means of television announcements, press releases and utility bill flyers. Section IV: Coordination with Regional Water Planning Groups The service area of the City of Beaumont is located within the Region I, regional water planning area and City of Beaumont has provided a copy of this Plan to Region I. 3 Section V: Authorization The city manager,or his/her designee is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The city manager,or his/her designee,shall have the authority to initiate or temunate drought or other water supply emergency response measures as described in this Plan. Section VI: Application The provisions of this Plan shall apply to all persons,customers,and property utilizing water provided by the City of Beaumont. The terms "person"and "customer"as used in the Plan include individuals,corporations, partnerships,associations,and all other legal entities. Section VII: Definitions For the purposes of this Plan,the following definitions shall apply. Aesthetic water use:water use for ornamental or decorative purposes such as fountains,reflecting pools,and vaster gardens. Commercial and institutional vaster use:water use which is integral to the operations of commercial and non- profit establishments and governmental entities such as retail establishments,hotels and motels,restaurants,and office buildings. Conservation:those practices,techniques,and technologies that reduce the consumption of water,reduce the loss or waste of water,improve the efficiency in the use of water or increase the recycling and ruse ofwater so that a supply is conserved and made available for future or ahernative uses. Customer:any person,company,or organization using water supplied by the City of Beaumont. Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing,heating,cooling,mnita ion,or for cleaning a residence,business,industry,or institution. Even number address:street addresses,box numbers,or rural postal route numbers ending in 0,2,4,6,or 8 and locations without addresses. Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and value. Landscape irrigation use:water used for the irrigation and maintenance of landscaped areas,whether publicly or privately owned,including residential and commercial lawns,gardens,golf courses,parks,and rights-0f--way and medians. 4 Non-essential water use.water uses that arc not essential nor required for the protection of public,health safety, and welfare, including: (a) imgation of landscape areas, including parks, athletic fields, and golf courses,except otherwise prodded wider this Plan; (b) use of water to wash any motor vehicle, motorbike,boat,trailer, airplane or other vehicle; (c) use of water to wash down any sidewalks,walkways,drivewa}s, parking lots,tenons courts,or other hard-surfaced areas, (d) use of water to wash down buildings or structures for purposes other than immedi to fire protection; (e) flushing gutters or permitting water to run or accumulate in any gutter or street; (f) use of water to fill, refill,or add to any indoor or outdoor swimming pools or jacuzzi-type pools; (g) use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life; (h) failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and (i) use of water from hydrants for construction purposes or any other purposes other than fire fighting. Odd numbered address: street addresses,box numbers,or rural postal route numbers ending in 1,3, 5, 7,or 9. Section VII1: Criteria for Initiation and Termination of Drought Response Stages The city manager,or his/her designee shall monitor water supply and/or demand conditions on a monthly basis and shall determine when conditions warrant initiation or termination of each stage of the Plan,that is,when the specified"triggers"are reached. The triggering criteria described below are based on known system capacity limits. Future improvements to the City of Beaumont's water system will increase capacity and this plan will be modified to reflect the systern's upgraded capacity. Stage 1 Triggers -- MILD Water Shortage Conditions Requirements for initiation Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on certain water uses,defined in Section VII—Definitions,when total daily water demand equals or exceeds 37 million gallons for 3 consecutive days or 38 million gallons on a single day(e.g.,based on the"safe"operating capacity of water supply facilities). Requirements for termination Stage 1 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 3 consecutive days. 5 Stage 2 Triggers — MODERATE Water Shortage Conditions Requirements for initiation Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses provided in Section IX of this Plan when the total daily \\ater demand equals or exceeds 38 million gallons for 3 consecutive days or 39 million gallons on a single day Requirements for termination Stage 2 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 3 consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. Stage 3 Triggers --SEVERE Water Shortage Conditions Requirements for initiation Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 3 of this Plan when the total daily water demand equals or exceeds 39 million gallons for 3 consecutive days or 40 million gallons on a single day Requirements for termination Stage 3 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 3 consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. Stage 4 Triggers — CRITICAL Water Shortage Conditions Requirements for initiation Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 4 of this Plan when the total daily water demand equals or exceeds 40 million gallons for 3 consecutive days or 42 million gallons on a single day. Requirements for termination Stage 4 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 2 consecutive days. Upon termination of Stage 4, Stage 3 becomes operative. Stage 5 Triggers —EMERGENCY Water Shortage Conditions Requirements for initiation Customers shall be required to comply with the requirements and restrictions for Stage 5 of this Plan when the city manager,or his/her designee,determines that a water supply emergency exists based on: 1. Major water line breaks, or pump or system failures occur,which cause unprecedented loss of capability to provide water service;or 6 2.Natural or man-made contanmimtion of the water supply source(s). Requirements for tennination Stage 5 of the Plan may be rescinded when all of the conditions listed as triggering events have ceased to exist for a period of 3 consecutive days. Section IX: Drought Response Stages The city manager,or his/her designee, shall monitor water supply and/or demand conditions on a daily basis and,in accordance with the triggering criteria set forth in Section VIII of this Plan,shall determine that a mild, moderate, severe, critical, emergency or water shortage condition exists and shall implement the following notification procedures: Notification Notification of the Public(All Trigger Stages): The city manager or his/here designee shall notify the public by means of 1. publication in a ne«,spaper of general circulation,(The Beaumont Enterprise) 2. public service announcements, (local television and radio stations) Additional Notification: The city manager or his/ her designee shall notify directly, or cause to be notified directly, the following individuals and entities: 1. Mayor / Chairman and members of the City Council and the City of Beaumont Fire Department(All Trigger Stages) 2. City and/or County Emergency Management Coordinator(Trigger stage 3 or above) 3. TNRCC(required when mandatory restrictions are imposed)(Triggers 4&5) 4. Major water users(Trigger stage 3 and above) 5. Critical water users, i.e.hospitals,prisons,etc.(Trigger stage 3 and above) 6. Parks/street superintendents&public facilities managers(Any Trigger stage) Stage 1 Response — MILD Water Shortage Conditions Goal: Achieve a voluntary 8 percent reduction in total water demand. Supply Management Measures: Reduced flushing of water mains Discontinue fire hydrant flushing Voluntary Water Use Restrictions: 7 (a) Water customers are requested to voluntarily limit the irrigation of landscaped areas to Sundaes and Thursdays for customers,,ith a strw address ending in an even number(0,2, 4, 6 or 8), and Saturdays and Wednesdays for Hater customers with a street address ending in an odd number (1, 3, 5, 7 or 9), and to irrigate landscapes only between the hours of nudnight and 10:00 a.m. and 8:00 p.m to midnight on designated watering days. (b) All operations of the City of Beaumont shall adhere to eater use restrictions prescribed for Stage 2 of the Plan. (c) Water customers are requested to practice water conser-*ation and to minimize or discontinue water use for non-essential purposes. Stage 2 Response — MODERATE Water Shortage Conditions Goal: Achieve a 10 percent reduction in total water demand. Supply Management Measures: Reduce or discontinued flushing of water mains Discontinue fire hydrant testing Reduced or discontinued irrigation of public landscaped areas Implement measures to return all system components to full production capacity Water Use Restrictions. Under threat of penalty for violation, the following water use restrictions shall apply to all persons: (a) Irrigation of landscaped areas with hose-cM sprinklers or automatic irrigation systems shall be limited to Sundays and Thursdays for custorers with a street address ending in an even number(0,2, 4,6 or 8),and Saturdays and Wednesdays for water customers with a street address ending in an odd number(1,3,5,7 or 9),and iffi tion of landscaped areas is further limited to the hours of 12:00 midnight until 10:00 am- and between 8:00 p.m. and 12:00 midnight on designated watering days. However,irrigation of landscaped areas is permitted at anytime if it is by means of a hand-held hose,a faucet filled bucket or watering can of five (5)gallons or less,or drip irrigation system. (b) Use of water to wash any motor vehicle,motorbike,boat,trailer,airplane or other vehicle is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 pm.and 12:00 midnight. Such washing,when allowed,shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rises. Vehicle washing may be done at any time on the mimediate premises of a commercial car wash or commercial service station. Further,such washing may be exempted from these regulations if the health,safety,and welfare of the public is contingent upon frequent vehicle cleansing,such as garbage trucks and vehicles used to transport food and perishables. 8 (c) Use of water to fill, refill, or add to any indoor or outdoor swimming pools,wading pools,or Jacuzzi-type pools is prohibited eticept on designated watering days between the hours of 12:00 midnight and 10.00 a.m. and between 8 p.m. and 12:00 midnight. (d) Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. (e) Use of water from hydrants shall be limited to fire fighting,related activities,or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Beaumont. (f) Use of water for the irrigation of golf course greens,tees,and fairways is prohibited except on designated wafering days between the hours 12:00 midnight and 10:00 am. and between 8 p.m. and 12:00 midnight. However, if the golf course utilizes a water source other than that provided by the City of Beaumont,the facility shall not be subject to these regulations. (P) All restaurants are prohibited from serving water to patrons except upon request of the patron. (h) The following uses of water are defined as non-essential and are prohibited 1. wash down of any sidewalks, walkways,driveways,parking lots,tennis courts,or other hard-surfaced areas; 2. use of water to wash down buildings or structures for purposes other than immediate fire protection; 3. use of water for dust control; 4. flushing gutters or permitting water to run or accumulate in any gutter or street;and 5. failure to repair a controllable leak(s)within a reasonable period after having been given notice directing the repair of such leak(s). Stage 3 Response — SEVERE Water Shortage Conditions Goal: Achieve a 12.5 percent reduction in total water demand. Supply Management Measures: All measures described for Stage 2 Aggressively locate and repair major water main leaks and breaks 9 Water Use Restrictions. All requirements of Stage 2 shall remain in effect during Stage 3 except: (a) Irrigation of landscaped areas shall be limited to designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8 p.m. and 12:00 midnight and shall be by means of hand-held hoses, hand-held buckets, drip irrigation, or pernwiently installed automatic sprinkler system only. The use of hose-end sprinklers is prohibited at all times. (b) The watering of golf course tees is prohibited unless the golf course utilizes a water source other than that provided by the City of Beaumont. Stage 4 Response —CRITICAL Water Shortage Conditions Goal: Achieve a 15 percent reduction in total water demand. Supply Management Measures: All measures described in Stages 2 and 3 Water Use Restrictions. All requirements of Stage 2 and 3 shall remain in effect during Stage 4 except: (a) Irrigation of landscaped areas shall be limited to designated watering days between the hours of6:00 a.m.and 10:00 am.and between 8:00 p.m.and 12:00 midnight and shall be by means ofhand-held hoses,hand-held buckets,or drip irrigation only. The use ofhosee-end sprinklers or permanently installed automatic sprinkler systerns are prohibited at all times. (b) Use of water to wash any motor vehicle,motorbike,boat,trailer,airplane or other vehicle not occurring on the premises of a commercial car wash and commercial service stations and not m the immediate interest of public health, safety, and welfare is probbited. Further, such vehicle washing at commercial car washes and commercial service stations shall occur only between the hours of 6:00 am.and 10:00 aim and between 6:00 pm.and 10 pm (c) The filling,refilling,or adding of water to swimming pools,wading pools,and jacuza-type pools is prohibited. (d) Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. (e) No application for new,additional,expanded,or increased-in-size water service connections, meters,service lines,pipeline extensions,mains,or water service facilities ofany kind shall be approved,and time limits for approval of such applications are hereby suspended for such time as this drought response stage or a higher-numbered stage shall be in effect (f) The use of water for construction purposes from designated fire hydrants under special permit is to be discontinued. 10 Stage 5 Response — EMERGENCY Water Shortage Conditions Goal: Achieve a 30 percent reduction in total grater dernand. Supply Management Measures: All measures described in stages 2, 3,and 4 Water Use Restrictions. All requirements of Stage 2,3,and 4 shall remain in effect during Stage 5 except: (a) Irrigation of landscaped areas is absolutely prohibited. (b) Use of water to wash any motor vehicle, motorbike, boat,trailer,airplane or other vehicle is absolutely prohibited. (c) All water usage except that required to protect the public health, safety, and welfare is prohibited. 11 Section X: Enforcement (a) No person shall knowingly or iritentionall% allow the use of«ater from the City of Beaumont for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this Plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the city manager,or his/her designee,in accordance with provisions of this Plan. (b) Any person N%ho%lolates this Plan is guilty of a misdemeanor and,upon conviction shall be punished by a fine of not less than two hundred fifty dollars ($250)and not more than two thousand dollars ($2000). Each day that one or more of the provisions in this Plan is violated shall constitute a separate offense.If a person is convicted of three or more distinct violations of this Plan,the city manager shall, upon due notice to the customer,be authorized to discontinue eater service to the premises where such violations occur. Services discontinued under such circumstances shall be restored only upon payment of a re-connection charge,hereby established at seventy five dollars($75),and any other costs incurred by the City of Beaumont in discontinuing service. In addition, suitable assurance must be given to the city manager that the same action shall not be repeated while the Plan is in effect. Compliance with this plan may also be sought through injunctive relief in the district court. (c) Any person, including a person classified as a water customer of the City of Beaumont,in apparent control of the property where a violation occurs or originates shall be presumed to be the violator,and proof that the violation occurred on the person's property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation,but any such person shall have the right to show that he/she did not commit the violatiom Parents shall be presumed to be responsible for violations of their minor children and proof that a violation, committed by a child, occurred on property within the parents'control shall constitute a rebuttable presumption that the parent committed the violation,but any such parent may be excused if he/she proves that he/she had previously directed the child not to use the water as it was used in violation of this Plan and that the parent coWd not have reasonably known of the violation. (d) Any employee of the City of Beaumont,police officer,or other City of Beaumont employee designated by the city manager, may issue a citation to a person he/she reasonably believes to be in violation of this Ordinance. The citation shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known,the offense charged,and shall direct hirn/her to appear in the City of Beaumont municipal court on the date shown on the citation for which the date shall not be less than 3 days nor more than 5 days from the date the citation was issued_ The alleged violator shall be served a copy of the citation. Service of the citation shall be complete upon delivery of the citation to the alleged violator, to an agent or employee of a violator, or to a person over 14 years of age who is a member of the violator's immediate family or is a resident of the violator's residence. The alleged violator shall appear in the City of Beaumont municipal court to eater a plea of guilty or not guilty for the violation of this Plan. If the alleged violator fails to appear in the City of Beaumont municipal court, a warrant for his/her arrest may be issued. A summons to appear may be issued in lieu of an arrest warrant. These cases shall be expedited and given preferential setting in,municipal court before all other cases. 12 Section XI: Variances The city rrixiager, or his/her designee. may, in writing, grant temporary variance for existing water uses otherwise prohibited under this Plan if it is determined that failure to grant such variance would cause an ernergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met: (a) Compliance with this Plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect. (b) Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption from the provisions of this Ordinance shall file a petition for variance with the City of Beaumont within 5 days after the Plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the city manager, or his/her designee, and shall include the following: (a) Name and address of the petitioner(s). (b) Purpose of water use. (c) Specific provision(s)of the Plan from which the petitioner is requesting relief. (d) Detailed statement as to how the specific pro%ision of the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance. (e) Description of the relief requested. (f) Period of time for which the variance is sought. (g) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (h) Other pertinent information. Variances granted by the City of Beaumont shall be subject to the following conditions, unless waived or modified by the city manager or his/her designee: (a) Variances granted shall include a timetable for compliance. (b) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. Section XII. Severability It is hereby declared to be the intention of the Beaumont City Council,that the sections,paragraphs sentences, clauses,and phrases of this Ordinance are severable and,if any phrase,clause,sentence,or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction,such unconstitutionality shall not affect any of the remaining phrases,clauses,sentences,paragraphs,and sections of this Plan,since the same would not have been enacted by the Beaumont City Council without the incorporation into this Plan of any such unconstitutional phrase,clause, sentence, paragraph,or section. 13 That if any provision or any section of this ordinance shall be held to be void or unconstitutional,such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. That any person, firm or corporation violating any of the provision of this chapter shall be deemed guilty of a misdemeanor,and upon conviction thereof,shall be punished by a fine as provided in this ordanance of the City of Beaumont. Each day such violation shall continue,or be pemutted to continue,shall be deemed a separate offense. Since this ordinance has a penalty for violation, it shall become effective upon its publication in the newspaper, which date is expected to be July 31, 2001. 14 3 July 31, 2001 PUBLIC HEARING: Dilapidated Structures Consider an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders 1~CIT Cat y of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: John Labrie, Clean Community Department Director MEETING DATE: July 31, 2000 AGENDA MEMO DATE: July 24, 2000 REQUESTED ACTION: Council consider after public hearing the authorization to allow the City to demolish the following six (6) structures immediately without further notification to the owners. 1. 439 Crockett (Commercial) 4. 1883 Liberty (Garage Apartment) (1) 2. 2085 Delaware (1) 5. 1180 Live Oak (1) 3. 1883 Liberty (1) 6. 5225 Roberts Road (2) (*) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Administration recommends a raze order because owners failed to comply with previous orders to correct code violations or demolish the structure. BACKGROUND Each of these structures have appeared before City Council in the past and a raze or repair order was issued. The owners failed to comply with correcting code violations or demolishing the structures. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION Previous orders by City Council to raze or repair were not complied with. SUBSEQUENT ACTION Clean Community Department will demolish or cause to be demolished, said structures. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the authorization to demolish the above listed structures in non-compliance with City codes. REQUESTED ACTION: Council consider after public hearing to declare the following twenty-seven (27) structures to be dangerous structures and order the owners to raze said structures within ten (10) days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. 7. 2030 Cable (1) 21. 627 Pipkin E. 8. 4375 Carnegie (Garage Apartment) 22. 645 Pollard 9. 5340 Combs 23. 785 Pollard (1) 10. 855 Concord 24. 815 Pollard (1) 11. 861 Concord 25. 2124 Pope 12. 3047 Crockett W. 26. 2230 Poplar (1) 13. 2008 Delaware (1) 27. 2400 Rusk 14. 3430 Duke (1) 28. 2525 San Jacinto 15. 3440 Euclid W. 29. 4365 Sheffield (Garage Apartment) 16. 3900 Fannett Road (Commercial) 30. 2095 South 17. 4259 Grandberry 31. 3410 Texas 1 8. 2120 Hayes Lane (2) 32. 1 155 Van Buren 19. 1752 Herrin; Aly 33. 1325 Van Buren 20. 11705 Loop Road (*) Indicates number of times structure has been enrolled in work program. RECOMMENDATION That City Council condemn these twenty-seven (27) structures and order owner to raze within ten (10) days. BACKGROUND It has been deternvned that these structures meet the definition of a dangerous structure because they have deteriorated such that they are no longer considered suitable for repair. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION These structures have been inspected by the Clean Community Department and found to be dangerous structures as defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. SUBSEQUENT ACTION Clean Community Department will demolish or cause to be demolished, said structures. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the authorization to condemn and raze the above listed dangerous structures. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 7. 2030 Cable 21. 627 Pipkin E. 8. 4375 Carnegie (Garage Apartment) 22. 645 Pollard 9. 5340 Combs 23. 785 Pollard 10. 855 Concord 24. 815 Pollard 11. 861 Concord 25. 2124 Pope 12. 3047 Crockett W. 26. 2230 Poplar 13. 2008 Delaware 27. 2400 Rusk 14. 3430 Duke 28. 2525 San Jacinto 15. 3440 Euclid W. 29. 4365 Sheffield (Garage Apartment) 16. 3900 Fanned Road (Commercial) 30. 2095 South 17. 4259 Grandbeny 31. 3410 Texas 18. 2120 Hayes Lane 32. 1155 Van Buren 19. 1752 Herring Aly 33. 1325 Van Buren 20. 11705 Loop Road to be public nuisances in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas, and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance: 7. 2030 Cable 21. 627 Pipkin E. 8. 4375 Camegie (Garage Apartment) 22. 645 Pollard 9. 5340 Combs 23. 785 Pollard 10. 855 Concord 24. 815 Pollard 11. 861 Concord 25. 2124 Pope 12. 3047 Crockett W. 26. 2230 Poplar 13. 2008 Delaware 27. 2400 Rusk 14. 3430 Duke 28. 2525 San Jacinto 15. 3440 Euclid W. 29. 4365 Sheffield (Garage Apartment) 16. 3900 Fannett Road (Commercial) 30. 2095 South 17. 4259 Grandbeny 31. 3410 Texas 18. 2120 Hayes Lane 32. 1155 Van Buren 19. 1752 Herring Aly 33. 1325 Van Buren 20. 11705 Loop Road If the property owner(s)fails to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owner(s)or City Council action. Section 3. The following structures were previously declared to be dangerous by the City Council and are hereby ordered to be demolished without further notice to the owners: 1. 439 Crockett (Commercial) 4. 1883 Liberty (Garage Apartment) 2. 2085 Delaware 5. 1180 Live Oak 3. 1883 Liberty 6. 5225 Roberts Road Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 5. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of July, 2001. -Mayor- City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 31, 2001 1:30 P.M. CONSENT AGENDA Approval of minutes Confirmation of committee appointments A) Approve a grant application to the Telecommunications Infrastructure Fund Board to provide expanded network and connectivity for the Beaumont Public Library System B) Authorize the settlement of the lawsuit styled Leah Marie Scott v. Samuel Lee Walton and the City of Beaumont C) Approve the purchase of one truck cab and chassis for the Public Works Department, Parks Division D) Approve the purchase of one IBM iSeries 400 Server for the Information Services Division CONSENT AGENDA JULY 319 2001 * Committee Appointments A) Approve a grant application to the Telecommunications Infrastructure Fund Board to provide expanded network and connectivity for the Beaumont Public Library System Administration recommends the approval of a grant application to TIFB to complete the installation and upgrading of the Library Network with an estimated project cost of$70,057. The Telecommunications Infrastructure Fund Board (TIFB)was established in 1995 to develop the telecommunications infrastructure of public educational institutions, public libraries, and public health delivery entities. At the conclusion of this project, all six libraries of the Beaumont Public Library System will be on the new Library Network, all equipment will be of adequate size and speed to support the programs. According to grant terms, recipients must match 10% of the grant amount. Funds for the match will come from the Library Budget. A copy of the staff memorandum is attached for your review. B) Authorize the settlement of the lawsuit styled Leah Marie Scott v. Samuel Lee Walton and the City of Beaumont City Council authorized the settlement of this lawsuit in an executive session on June 12, 2001. There are sufficient funds in the Liability Trust Fund to pay the settlement amount of$6,500. A copy of the staff memorandum is attached for your review. C) Approve the purchase of one truck cab and chassis for the Public Works Department, Parks Division Administration recommends approval of the purchase of one Volvo tandem-axle cab and chassis from Smart's Truck and Trailer of Beaumont in the amount of$78,193.36. The truck will be utilized for brush collection. The vendor will be responsible for removing a grappler unit from a 1984 International truck being replaced, and subsequently installing the grappler on the new chassis. The bid comprises the cost of the cab and chassis unit, and of the grappler installation. Funds for this expenditure are available in the Capital Reserve Fund. A copy of the staff memorandum is attached for your review. D) Approve the purchase of one IBM iSeries 400 Server for the Information Services Division Administration recommends approval of the purchase of one IBM iSeries 400 server in the amount of$47,328 to Sirius Computer Solutions of San Antonio. The server will support the City's Intranet communications. Intranet communication is currently provided through an AS/400 Office Vision software application which has been discontinued and is no longer supported by IBM. The Office Vision software application provides users with electronic calendars, email and word processing capabilities. The City has converted current Internet users to Lotus Notes software. Conversion requires an Intranet server that is compatible with the City's AS/400 mainframe system. Funds are available for the purchase in the Capital Reserve Fund. A copy of the staff memorandum is attached for your review. AS Rk ww I City of Beaumont Council Agenda Item � c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Maurine Gray, Library Director MEETING DATE: July 31, 2001 AGENDA MEMO DATE: July 25, 2001 REQUESTED ACTION: Council consider approving a grant application to the Telecommunications Infrastructure Fund Board to provide expanded network and connectivity for the Beaumont Public Library System in the amount of$70,057. RECOMMENDATION Administration recommends the approval of grant application to TIFB to complete the installation and upgrading of the Library Network in the amount of$70,057. BACKGROUND The Telecommunications Infrastructure Fund Board (TIFB) was established in 1995 to develop the telecommunications infiaslructure of public educational institutions, public hbraries,and public health delivery entities. TIFB provides the opportunity for information sharing among public education, libraries,and health care facilities to increase Texans' Access to Information. TIFB provides funding to build a telecommunications infrastructure to support electronic communications. TIFB focuses on inside-the-walls connectivity. At the conclusion of this project, all six hbraries of the Beaumont Public Library System will be on the new Library Network,all equipment will be of adequate size and speed to support the programs. This grant allows us to: • Replace eight Pentium 1 computers with Pentium 4 computers. • Replace all 266 and 366 staff computers with the Pentium 1 computers removed from PAC and Circulation service. • Complete installation of network and new computers at R. C. Miller Memorial Library. • Complete migration of catalog to Epixtech and install additional modules. • Complete installation of network and computers at Johns Branch following completion of construction. • Install management software to control patron access, printing, etc. on network. • Provide remote access patron authentication for Texas State Library databases. • Install printers for all public access computers. • Provide training to staff in utilizing all programs and equipment. • Purchase and train staff in using portable scanners for inventory purposes at each branch. According to the grant terms, recipients must match 10% of the grant match. Funds for the match are in the Library Budget in such areas as staff training and the migration of the catalog to Epixtech. BUDGETARY IMPACT: The City will apply for the grant based on an estimated project cost of$70,057. According to grant terms, recipients must match 10% of the grant amount. Funds for the match will come from the Library Budget. PREVIOUS ACTION A grant was received from the Telecommunications Infrastructure Fund Board in the year 2000 in the amount of$140,000. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Director of Libraries. RECOMMENDED MOTION Approveldeny a grant application to the Telecommunications Infrastructure Fund Board to provide hardware,software, connectivity,and training to the Beaumont Public Library System in the amount of$70,057. -�- City of Beaumont .�. Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: July 31, 2001 AGENDA MEMO DATE: July 26, 2001 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit styled Leah Marie Scott v Samuel Lee Walton and the City of Beaumont RECOMMENDATION Council approval of a resolution authorizing the settlement of a lawsuit styled Leah Marie Scott v Samuel Lee Walton and the City of Beaumont BACKGROUND Council authorized the settlement of this lawsuit in executive session June 12, 2001. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount of$6,500. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny a resolution authorizing the settlement of the lawsuit styled Leah Marie Scott v Samuel Lee Walton and the City of Beaumont. S IAG ENDAVAarieScott.wpd A 11..7Lj1-j City of Beaumont %W_ Council Agenda Item mi Im TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: July 31, 2001 AGENDA MEMO DATE: July 23, 2001 REQUESTED ACTION: Council approval to award a bid for the purchase of one (1) truck cab and chassis. RECOMMENDATION Administration recommends award of a bid for the purchase of one(1)Volvo tandem-axle cab and chassis to Smart's Truck and Trailer of Beaumont in the amount of$78,193.36. BACKGROUND The truck specified in the bid is for use by the Public Works Department, Parks Division. The truck will be utilized for brush collection. The vendor will be responsible for removing a grappler unit from the 1984 International truck being replaced, and subsequently installing the grappler on the new chassis. The bid is comprised of the cost of the cab and chassis unit, and of the grappler installation. Bid notices were provided to 35 vendors, with two (2) responding with bids. The bids received are as follow: �d Smart's Truck &Trailer Volvo 90-120 $72,193.36 $5,400.00 $78,193.36 Beaumont, Texas VHD64BDAY days IH Truck Sales of Houston International 90-120 $75,601.25 $3,800.00 $79,401.25 Houston, Texas 2674 days Purchase of One (1) Truck Cab and Chassis July 23, 2001 Page 2 The unit is warranted for 12 months or 100,000 miles. Warranty service will be provided by the awarded vendor. BUDGETARY IMPACT Funds for this expenditure are budgeted from the Capital Reserve Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED MOTION Approve/Deny acceptance of a bid from Smart's Truck and Trailer for the purchase of one(1)Volvo cab and chassis in the amount of$78,193.36. LA C1Ejj---! City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: July 31, 2001 AGENDA MEMO DATE: July 25, 2001 REQUESTED ACTION: Council consider award of a bid for the purchase of one (1) IBM iSeries 400 server. RECOMMENDATION Administration recommends the award of a bid for one(1)IBM iSeries 400 server in the amount of $47,328 to Sirius Computer Solutions of San Antonio,Texas for the Information Services Division. BACKGROUND The State of Texas Cooperative Purchasing Program offers the Catalogue Purchasing Program for the purchase of high technology items. A list of Qualified Information Systems Vendors(QISV) is provided by the State for the procurement of high technology goods such as personal computers, software and telecommunications systems. Vendors must offer a published catalog or an Internet site describing their products and prices. Local entities may contact a minimum of three vendors for furnishing bids on specified products. In addition to price, the award of the bid may be based on criteria such as technical support,expansion and upgrading,and compatibility with existing systems. Seven(7)QISV companies were contacted and prices were requested for an IBM iSeries 400 server. The server will support the City's Intranet communications. Intranet communication is currently provided through an AS/400 Office Vision software application which has been discontinued and is no longer supported by IBM. The Office Vision software application provides users with electronic calendars,email and word processing capabilities. The City has converted current Internet users to Lotus Notes software. Lotus Notes is a software application that provides users with electronic calendars and scheduling, address books, database tracking, file folders and email capabilities. Currently,there are 857 Office Vision users. These users do not have access to the Internet but do need a mechanism for communicating with other City users. As the Office Vision software is phased Purchase of one (1) IBM iSeries 400 server July 25, 2001 Page 2 out, the users will be converted to Lotus Notes. Conversion requires an Intranet server that is compatible with the City's AS/400 mainframe system. The Intranet server will allow these users to communicate with City users via email but will not provide them with access to the Internet. The Intranet server requested is capable of supporting 1,000 users. The following bids received include costs for hardware and operating software: Vendor Price Sirius Computer Solutions $47,328 San Antonio, Texas Business Integrators, Inc. $48,198 Houston, Texas Cherbonnier, Mayer& Assoc. $53,568 Baton Rouge, Lousiana BUDGETARY IMPACT Funds for this purchase are available in the Capital Reserve Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED MOTION Approve/Deny the purchase of an IBM iSeries 400 Server from Sirius Computer Solutions in the amount of$47,328.