HomeMy WebLinkAboutPACKET DEC 11 2001 V~
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City of Beaurrwnt
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS DECEMBER 11, 2001 1:30 P.M.
AGENDA
OPENING
• invocation Pledge Roll Call
• Presentations and Recognition
• Public Comment: Persons may speak on scheduled agenda items except item 4
• Consent Agenda
GENERAL BUSINESS
1. Consider authorizing the City Manager to execute an agreement with the United
States Department of Agriculture, Natural Resources Conservation Service
(USDA/NRCS) to provide funding for the stabilization and restoration of the bank
along the Neches River for the access road to Lawson's Pump Station
2. Consider awarding a contract to stabilize and restore the bank along the Neches
River for the access road to Lawson's Pump Station in the northeast quadrant of
the City
3. Consider authorizing the City Manager to execute a deed without warranty for the
transfer of surplus City property
4. Consider a request for a specific use permit for a church and accessory uses and to
delete the eight (8) foot tall screening fence along the east property line. The
property is located at 3810 North Major Drive
5. Consider an ordinance regulating watershed protection as required by the City's
National Pollutant Discharge Elimination System (NPDES) Storm Water Permit
6. Council consider a request to enter into agreements with Institute for Educational
Advancement ($10,300) to assist with operating expenses for the Ben's Kids
program, Bethel Missionary Baptist Church(2,050) for the demolition and
clearance of a dilapidated structure; Beaumont Metropolitan Y.M.C.A. for Section
108 funds ($1,000,000) and Economic Development Initiative-Special Projects
funds ($462,500)which will be used for renovations specifically at the L.L.
Melton Y.M.C.A.; and to enter into agreements with the 2000 Weed and Seed
Initiative subrecipients: Beaumont Police Activities League ($5,000), Family
Connection ($10,000), Charlton Pollard Nursery School ($2,000), The Salvation
Army Boys &Girls Club ($20,000),Dunbar Elementary School Safe Haven
($25,829), Broader Horizon Computer Literacy Program ($11,000) and The
Salvation Army Truancy Program ($50,000)
7. Consider a resolution authorizing Administration to proceed with the project
recommendations of the Parks and Recreation Advisory Committee regarding the
use of the funds from the Central Park sale
8. Consider a request for a tax exemption for the"Coale Building"at 461-469 Bowie
9. Consider adopting a resolution that supports and endorses the application of the
Jefferson County Sheriff's Department to apply for grant funds from the Texas
Narcotics Control Program, as administered by the Criminal Justice Division,
Office of the Governor,to continue funding for the Jefferson County Narcotics
Task Force, and to commit to providing the matching funds not to exceed$62,147
WORK SESSION
* Report from the Beaumont Chamber of Commerce
COMMENTS
• Councilmembers comment on various matters
• City Manager's Report- Impact Fees, Exemption-Non Commercial Leased Vehicles,
Olympic Torch Run,"Oh Holy Night"Cancelled, Beaumont Main Street News,
Elmo Willard Library Reading Series Recognition, FY2001 Goals and Objectives
Results
• Public Comment(Persons are limited to 3 minutes)
RECESS OF REGULAR MEETING
CONVENE MEETING OF THE BEAUMONT MULTI-FAMILY HOUSING FINANCE
CORPORATION
1. Consider a resolution supplementing the resolution adopted on October 15, 1991
which authorized the issuance of Beaumont Multi-Family Housing Finance Corporation
Multifamily Housing Revenue Refunding Bonds(Regency Place Apartments Project)
Series 1991
EXECUTIVE SESSION
* Consider matters related to employment, evaluation and duties of a public officer or
employee in accordance with Section 551.074 of the Government Code:
City Manager
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting.
1
Council consider authorizing the City Manager to execute an agreement with the United States
Department of Agriculture, Natural Resources Conservation Service (USDA/NRCS) to provide
funding for the stabilization and restoration of the bank along the Neches River for the access
road to Lawson's Pump Station
`1�I
•
C qty 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: December 11, 2001
AGENDA MEMO DATE: December 5, 2001
REQUESTED ACTION: Council authorize the City Manager to execute an agreement with the
United States Department of Agriculture, Natural Resources
Conservation Service (USDA/NRCS) to provide funding for the
stabilization and restoration of the bank along the Neches River for
the access road to Lawson's Pump Station.
RECOMMENDATION
Administration recommends the approval of an agreement with the Natural Resources Conservation
Service(USDA/NRCS), in the amount of$1,033,000 in order to provide funding for the stabilization
and restoration of the bank along the Neches River for the access road to Lawson's Pump Station
in the Northeast quadrant of the City.
BACKGROUND
The existing access road was built in the late 1940s. Due to the damage caused by several tropical
storms, especially Allison in June 2001,the banks and the access road need major repairs to provide
safe access to Lawson's Pump Station which provides the raw water supply to more than 70 percent
of custon-._.:rs in the greater Beaumont area.
BUDGETARY IMPACT
The Natural Resources Conservation Service of USDA will provide 75 percent of the project cost
($1,033,000), and 25 percent ($361,832) will come from the Water Utilities Division Capital
Improvement Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director, and Water Utilities Manager.
RECOMMENDED MOTION:
Approve/Deny authorizing the City Manager to execute an agreement with the United States
Department of Agriculture, Natural Resources Conservation Service (USDA/NRCS) to provide
funding for the stabilization and restoration of the bank along the Neches River for the access road
to Lawson's Pump Station.
2
Council consider awarding a contract to stabilize and restore the bank along the Neches River
for the access road to Lawson's Pump Station in the northeast quadrant of the City
�r
City of Beaumont
,a -31L
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joseph G. Majdalani, Water Utilities Manager
MEETING DATE: December 11, 2001
AGENDA MEMO DATE: December 5, 2001
REQUESTED ACTION: Council award a contract to stabilize and restore the bank along the
Neches River for the access road to Lawson's Pump Station in the
northeast quadrant of the City.
RECOMMENDATION
Administration recommends approval ofa contract with BO-Mac Contractors,Ltd.,Beaumont,Texas,
in the amount of$1,394,832 to stabilize and restore the bank along the Neches River for the access
road to Lawson's Pump Station in the Northeast quadrant of the City.
BACKGROUND
The existing access road was built in the late 1940s. Due to the damage caused by several tropical
storms, especially Allison in June 2001,the banks and the access road need major repairs to provide
safe access to Lawson's Pump Station which provides the raw water supply to more than 70 percent
of customers in the greater Beaumont area.
BUDGETARYIMPACT
The Natural Resources Conservation Service of USDA will provide 75 percent of the project cost
($1,033,000), and 25 percent ($361,832) will come from the Water Utilities Division Capital
Improvement Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director, and Water Utilities Manager.
RECOMMENDED MOTION:
Approve/Deny awarding of contract for the stabilization and restoration of the bank along the Neches
River for the access road to Lawson's Pump Station in the northeast quadrant of the City.
CITY OF BEAUMONT
LAWSON'S STATION ACCESS ROAD BANK STABILIZATION
BID OPENING DATE: Friday,August 24,2001 @ 2:00 p.m.
The Bid Proposals submitted have been reviewed,and to the best of my
knowledge this is an accurate tabu) tion of the bids received.
By: „ r/ '� lhti�
se ph . Majdalani, P.e.Water tilities Manager
B-Mac Contractors,Ltd. APAC-Texas,Inc. Brystar Contracting,Inc. Crain Brothers,Inc.
Item Qty. Beaumont,TX Beaumont,TX Beaumont,TX Grand Chenier,LA
Robert"Lynn"Johnson,Jr. Kai A.Kincaid Brian Phelps Bryon K. Richard
1.Mobilization and Bond Costs Lump $36,797.00 $130,000.00 $50,000.00 $75,866.00
Clearing,Grubbing and Excation Lump $70,511.00 $40.000.00 $38,500.00 $46,300.00
Sheet Piling Lump $562,731.00 $636,000.00 $678,000.00 $851,931.00
Geoteztile Fabric Lump $47,269.00 $10,400.00 $15,000.00 $19,760.00
Rock Rip-Rap Lump $307.184.00 $94,500.00 $480.000.00 $600,000.00
Broken Concrete Rlp-Rap Lump $207,933.00 $309,050.00 $0.00 $0.00
Cement Stabilized Crushed Limestone Base Lump $17,941.00 $31,000.00 $30,000.00 $32,560.00
Hydro-Mulch Seeding and Cleanup Lump $2,750.00 $7,700.00 $6,000.00 $7,500.00
Demobilization Lump $5,386.00 $2,000.00 $10,000.00 $10.000.00
10.Site Survey Lump $11,680.00 $11,680.00 $11,680.00 $11,680.00
11.Geotechnical Lump $4,850.00 $4,650.00 $4,650.00 $4,650.00
12.Design Engineering Lump $120,000.00 $120,000.00 $120,000.00 $120,000.00
dal Baas Bid $1,394,832.60 $1,398,980.00 $1,443,830.00 $1,780,247.00
3
Council consider authorizing the City Manager to execute a deed without warranty for the
transfer of surplus City property
:UUL C it of Beaumont
Y Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: December 11, 2001
AGENDA MEMO DATE: December 6, 2001
REQUESTED ACTION: Council consider authorizing the City Manager to execute a deed
without warranty for the transfer of surplus City property.
RECOMMENDATION
Administration recommends the transfer of surplus City property described as the north 1/2 of Lot
14, Block D, Mayfair Addition to John V. Naymik.
BACKGROUND
On August 8, 2000, City Council authorized the sale of property located at 1155 Glendale, the
site of the former Fire Station No. 6. The property was sold to Mr. John V. Naymik for
$8,005.50. At the time of the sale, the property was described as the south 1/2 of Lot 14, all of
Lot 15, Block D, Mayfair Addition, including the old fire station structure with approximately
1,377 square feet of floor space.
The description of the property is in error. The fire station structure, which was included in the
sale, is actually located on the north 1/2 of Lot 14. All of Lot 14 is owned by the City and should
have been transferred in the sale of the property.
Transferring the north 1/2 of Lot 14 to Mr. Naymik will correct the title of the property and give
him ownership of the real property on which the former fire station structure resides.
BUDGETARY IMPACT
None.
Transfer of Surplus City Property
December 6, 2001
Page 2
PREVIOUS ACTION
City Council approved the sale of the former Fire Station No. 6 property on August 8, 2000.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Central Services Director.
RECOMMENDED ACTION
Approve/Deny authorizing the City Manager to execute a deed without warranty for the north %z of
Lot 14, Block D, Mayfair Addition,to correct an error and transfer ownership of the real property
to John V. Naymik.
4
Council consider a request for a specific use permit for a church and accessory uses and to delete
the eight (8) foot tall screening fence along the east property line. The property is located at 3810
North Major Drive
B n C it o eaumo t
Y f:UueCouncil Agenda Item
A c
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: December 11, 2001
AGENDA MEMO DATE: December 5, 2001
REQUESTED ACTION: Council consider a request for a reconsideration of a specific use
permit for a church and accessory uses and to delete the eight(8)foot tall screening fence along the
east property line. The property is located at 3810 North Major Drive.
RECOMMENDATION
The Administration recommends approval of the reconsideration and the deletion of the eight (8)
foot tall screening fence along the east property line.
BACKGROUND
At the November 19,2001 joint Public Hearing,the Planning Commission required an eight(8)foot
tall screening fence and a ten (10) foot wide landscaping buffer along the east property line except
for the north 296 feet. On November 27,2001,City Council required the fence and the landscaping
buffer.
Since the City Council meeting,Dohn LaBiche,the architect for Wesley United Methodist Church,
expressed concern over the effect the fence would have on the design of the church since the
sanctuary will be oriented to face the east. This concern was not brought up nor addressed at the
joint Public Hearing. Therefore,Councilpersons Goodson,Smith and Ames are requesting that City
Council reconsider the fencing requirement.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a joint Public Hearing with City Council held November 19, 2001, the Planning Commission
voted 5-0 to approve the specific use permit to allow the construction of a new church and associated
support services in an A-R District at 3810 North Major Drive, subject to the installation of an eight
(8) foot tall screening fence and a ten (10) foot wide landscape strip along the south 1,256.71 feet
of the east property line.
On November 27, 2001, City Council voted to approve the specific use permit for the church as
recommended by the Planning Commission.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Executive Assistant to City Manager/Economic Development Director and the
Planning Manager.
RECOMMENDED MOTION
Approve/Deny a request for a reconsideration of a specific use permit for a church and accessory
uses and to delete the eight(8) foot tall screening fence along the east property line of 3810 North
Major Drive.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEING a 21.006 acre tract or parcel of land situated in the W.B. Dyches Survey, Abstract
No. 17,Jefferson County,Texas and being out of and part of that certain called 891.828 acre
tract of land as conveyed by J.S. Edwards,et al. to the Yount-Lee Oil Company as recorded
in Volume 376,Page 367,Deed Records,Jefferson County,Texas and also being out of and
part of that certain called 42.87 acre tract of land as conveyed by Amoco Production
Company to First Baptist Church of Beaumont,Texas,Inc., as recorded in Clerk's File No.
94-9423309.Official Public Records of Real Property,Jefferson County,Texas,said 21.006
acre tract being more particularly described as follows:
NOTE: All bearings are based on the East line of the said 42.87 acre First Baptist Church of
Beaumont,Texas, Inc. tract as recorded in the above referenced deed as SOUTH 02°51'37"
EAST.
COIMMENCING at a 1/2" iron rod with an aluminum cap found for the Southeast corner of
the said 42.87 acre First Baptist Church of Beaumont,Texas,Inc.tract,the Southeast corner
of that certain called 19.000 acre tract of land as conveyed by First Baptist Church of
Beaumont,Texas,Inc.to Beaumont lee Skating Center,Inc.,and being in the North right-of-
way line of Folsom Road(based on a width of 100 feet)as described as an 15.167 acre tract
in Exhibit "D" in that certain conveyance from Amoco Production Company to Jefferson
County Drainage District #6 as recorded in Film Code No. 104-01-0353, Official Public
Records of Real Property, Jefferson County, Texas;
THENCE SOUTH 87 002'21" WEST, along and with the South line of the said 42.87 acre
First Baptist Church of Beaumont, Texas, Inc. tract the South line of the said 19.000 acre
Beaumont Ice Skating Center,Inc.tract and the North right-of-way line of Folsom Road,for
a distance of 533.20 feet to a 5/8" iron rod with a cap stamped RPLS 3636"found for corner,
said corner being the Southwest corner of the said 19.000 acre Beaumont Ice Skating Center,
Inc. tract and the POINT OF BEGINNING of the tract herein described;
THENCE SOUTH 87°02'21" WEST continuing along and with the South line of the said
42.87 acre First Baptist Church of Beaumont,Texas,Inc,tract and the North right-of-way
line of Folsom Road,for a distance of 575.73 feet to a 5/8'iron rod with a cap stamped RPLS
3636"found for corner,said comer being the intersection ofthe East right-of-way line ofFM
Highway No.364 and the North right-of-way line of Folsom Road and said comer also being
the Southeast corner of that certain 2.874 acre tract of land conveyed by First Baptist Church
of Beaumont, Texas, Inc, to the City of Beaumont as recorded in Clerk's File No. 94-
9437024, Official Public Records of Real Property,Jefferson County,Texas and from said
corner a 3/4" iron rod with a Jefferson County Drainage District No. 6 cap found bears
South 87 (02'21" WEST a distance of 0.22 feet;
THENCE NORTH 04 058'00" WEST, along and with the East right-of-way line of FM
Highway No. 364 and the East line of the said 2.874 acre City of Beaumont tract, for a
distance of 420.82 feet to a Texas Department of Transportation concrete monument found
to comer;
LEGAL DESCRIPTION continued
THENCE NORTH 02°51'34" WEST,continuing along and with the East right-of-way line
of FM Highway No. 364 and the East line of the said 2.874 acre City of Beaumont tract for
a distance of 1133.20 feet to a 3/4" iron rod found for corner, said corner also being in the
North line of the said 42.87 acre First Baptist Church of Beaumont,Texas,Inc. tract and the
most Northerly South line of the remainder of the said 891.828 acre Yount-Lee Oil Company
tract:
THENCE NORTH 87 008'30" EAST, along and with the North line of the said 42.87 acre
First Baptist Church of Beaumont,Texas,Inc.,tract and the most Northerly South line of the
remainder of the said 891.828 acre Yount-Lee Oil Company tract, for a distance of 591.18
feet to a 5/8" iron rod with a cap stamped RPLS 3636" found for corner, said corner being
the Northwest corner of the said 19.000 acre Beaumont Ice Skating Center, Inc. tract and
from said corner a 3/4" iron rod found for the Northeast corner of the said 42.87 acre First
Baptist Church of Beaumont, Texas, Inc. tract and an interior ell corner of the remainder of
the said 891.828 acre Yount-Lee Oil Company tract bears NORTH 87 (08'30" EAST a
distance of 533.20 feet;
THENCE SOUTH 02 051'37" EAST, parallel to the East line of the said 42.87 acre First
Baptist Church of Beaumont,Texas, Inc. tract and along and with the West line of the said
19.000 acre Beaumont Ice Skating Center, Inc. tract for a distance of 1552.71 feet to the
POINT OF BEGINNING and containing 21.006 acres, more or less.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING ORDINANCE 01-
095, TO REMOVE THE REQUIREMENT OF INSTALLATION
OF AN 8'TALL SCREENING FENCE AT THE LOCATION OF
3810 NORTH MAJOR DRIVE AT FOLSOM DRIVE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT Ordinance 01-095 passed on November 27, 2001 by the City Council of the
City of Beaumont is hereby amended as follows:
Section 1.
That a specific use permit to allow the construction of a new church and associated
support services in an A-R (Agricultural-Residential) District located at 3810 North Major
Drive at Folsom Drive described above and as shown on Exhibit "A° attached hereto, is
hereby granted to Marty S. Vershel for Wesley United Methodist Church, it's legal
representatives, successors and assigns, subject to the following condition:
• Install a 10' wide landscaping buffer along the east property line
except for the North 296'.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B"
and made a part hereof for all purposes.
SIAGENDA'Current Apenda112-11-01.wpd
Section 3.
Notwithstanding the site plan attached hereto, the use of the property hereinabove
described shall be in all other respects subject to all of the applicable regulations
contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
December, 2001.
Mayor -
S:IAGENDA1Cunwt AgendMI 2-11-01.wpd
FILE 1591-P: Request for a specific use permit to auow tar cuMLI U%AJUU v, a
church and associated support services in an A-R (Agricultural - Residential) district.
Location: 3810 North Major Drive at Folsom Driv4-
Applicant: Marty S. Vershel for Wesley United Methodist Church
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5
Council consider an ordinance regulating watershed protection as required by the City's National
Pollutant Discharge Elimination System(NPDES) Storm Water Permit
Cit y of Beaumont
RL Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: December 11, 2000
AGENDA MEMO DATE: December 4, 2000
REQUESTED ACTION: Council consider an ordinance regulating watershed protection as
required by the City's National Pollutant Discharge Elimination
System(NPDES) Storm Water Permit.
RECOMMENDATION
Administration recommends approval of an ordinance regulating watershed protection as required
by the City's NPDES Storm Water Permit.
BACKGROUND
In 1990, Congress passed the Clean Water Act (CWA) which, ,krith subsequent amendments,
established the National Pollution Discharge Elimination System (NPDES) which requires cities
having populations greater than 100,000 people to obtain a permit to discharge storm water collected
by the city's storm sewer system into "public waters." In compliance with the provisions of this
legislation the City of Beaumont and Jefferson County Drainage District No. 6 (DD No.6), applied
for and,effective October 1, 1998,were issued by USEPA,a permit for the discharge of storm water
to the Neches River and Hillebrandt Bayou.
The NPDES Storm Water permit requires the City to establish"sufficient legal authority"to regulate,
by controlling, reducing and/or eliminating the introduction of pollutants into the City's municipal
separate storm sewer system(MS4)and, subsequently, into waters of the United States(Hillebrandt
Bayou and the Neches River).
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
RECOMMENDED MOTION
Approve/Deny an ordinance regulating watershed protection.
WATERSHED PROTECTION ORDINANCE
OF THE CITY OF BEAUMONT
Table of Contents
I. GENERAL PROVISIONS
A. Purposes
B. Administration.
C. Abbreviations.
D. Definitions
E. Authorized Representative
F. Report To Other Agencies
G. Compliance and Liability
H. Significant Discharge Of Pollutants
I. General Prohibitions
J. Specific Prohibitions And Requirements
1. Non Inclusivity
2. Prohibited Releases
3. Erosion Control
4. Sanitary Sewage.
5. Pavement Washwater
6. No Discharge Without Required Permit or Plan.
11. REGULATION OF PESTICIDES,HERBICIDES AND FERTILIZERS
A. Licensing
1. Presentation of License
B. Proper Use and Disposal
1. Use According To Directions
2. No Discharge Of Harmful Quantity
3. No disposal to MS4
C. Notices
1. Display of Notice.
III. OILS AND MOTOR VEHICLE FLUIDS
A. Control of Discharges of Oil
B. Notice Of Oil Collection.
IV. SPILL REPORTING AND CLEANUP
A. City Fire Department Reporting Requirement
Pg 1
1. Reportable Spill Incident
2. Reporting Requirement
B. Reportable Spill Incident Procedures
1. Immediate Verbal Notification
2. Written Report
C. Liability
1. No Limitation of Liability
2. Reimbursement
V. STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES
A. General Provisions
1. Construction Violation
2. Initiation And Termination Of Construction
3. Time Limits For Grading
4. Use Of Best Management Practices .
5. Remedy
6. Stop Work Order(SWO)
B. Construction Site
1. Definition Of Construction Site
2. Construction Site Boundary
3. Staged Construction
4. Boundaries Of Disturbance
5. Active And Inactive Construction
6. City Engineer Definition of Boundary
7. Cessation of Site
C. Operators, Owners And Applicants For Construction Activities
1. Operator
2. Previous Owner or Leasee
3. Operator Responsibility
4. Assurance of Compliance
5. Change In Operator
6. Applicant
7. Division Of Responsibility
8. Responsibility Of Others
9. Joint And Several Liability
2
D. Types Of Construction Activities
1. Grading Activities
a. Grading Activities Defined.
b. City Engineer Can Define Grading
2. Closure Activities and Final Stabilization
a. Closure Activities
b. Completion of Closure Activities
c. Proper Closure
d. Inactive Construction Site
E. General Requirements For Construction Activities
1. Conduct of Construction
2. 90-Day Record Retention
2. Requirements For Any Size of Construction Site
F. Grading Permit And Grading Permit Application
1. General Provisions
2. Grading Permit
3. Elements of Grading Permit
4. Amendment To Grading Permit
S. Late Filing of Amendment To A Grading Permit
a. Late Filing Defined.
b. Late Filing Requirements
c. City Engineer Approval
d. No Relief from Other Actions
6. Exemptions
a. Residential Maintenance.
b. Emergency Action
c. Waiver
G. Notice of Termination of Grading(NOTG)
1. General Provisions
2. Contents Of NOTG
3. Application Deadline.
4. No Early Submittal of NOTG
3
5. Amendment to NOTG
a. No Penalty Filing of Amendment .
b. Penalty For Late Filing of Amendment
H. Acceptance, Conditional Acceptance Or Rejection Of A NOTG
1. Types Of Acceptance Of NOTG
2. Acceptance By Default
3. Review
4. Relief Provided By Acceptance
a. Acceptance Of NOTG
b. Conditional Acceptance.
i. Requirements For Conditional Acceptance.
ii. Final Acceptance Of Conditional Acceptance.
iii. Responsibility For Compliance To Conditional Acceptance.
c. Rejection Of NOTG
d. Revocation Of A NOTG
I. Pollution Control Activities
1. General Provisions
2. Construction Storm Water Pollution Prevention Plan(SWP3)
3. Grading Plan
a. Grading Plan Requirements
b. Grading Plan Elements
c. Revisions To Grading Plan
4. Site Stabilization
a. Site Stabilization
b. Final Stabilization
J. Exemptions To Requirements For Construction
1. Exemptions Categories
VI. STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL AND COMMERCIAL
ACTIVITY
A. High risk industrial and commercial facilities
B. Compliance Requirements For Operators of High Risk Facilities.
4
11,
1. High Risk Industrial Facilities Requiring State or Federal Discharge Permit
2. High Risk Industrial Facilities Requiring Monitoring
C. Compliance Monitoring
1. Storm Water Sampling Requirements
2. Right Of Entry For Inspection And Sampling Purposes
D. No Exposure Certification
E. Search Warrants
VII. CITIZEN REPORTS OF VIOLATIONS
A. Report By Any Person
B. Action Upon Report
VIII. ADMINISTRATIVE ENFORCEMENT REMEDIES
A. Warning Notice
B. Notification of Violation(NOV)
C. Consent Orders
D. Show Cause Hearing
E. Compliance Order
F. Remediation,Abatement And Restoration Orders
G. Emergency Cease And Desist Orders
IX. RIGHT TO RECONSIDERATION,HEARING AND APPEAL
A. Reconsider of and Hearing of Petitions
B. Appeal
X. JUDICIAL ENFORCEMENT REMEDIES
A. Civil Remedies
B. Criminal Penalties
C. Determination of Fines
XI. CIVIL SUIT UNDER THE TEXAS WATER CODE
A. Action For Violation of Texas Water Code
XII. REMEDIES NONEXCLUSIVE
A. Nonexclusive Remedies
XIII. SUPPLEMENTAL ENFORCEMENT ACTION
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A. Performance Bonds
B. Liability Insurance
C. Public Nuisances
XIV. FEES
XV. MISCELLANEOUS PROVISIONS
A. Specification of Times and Days
B. Severability
C. Supercedence
D. Effective Date
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WATERSHED PROTECTION ORDINANCE
OF THE CITY OF BEAUMONT
I. GENERAL PROVISIONS
A. Purposes.
1. The City of Beaumont establishes this Ordinance for the following purposes:
a. To maintain and improve the quality of surface waters within the City;
b. To prevent the discharge of pollutants and contaminated storm water runoff from industrial,
commercial, residential, grading, and construction sites into the municipal separate storm
sewer system and surface waters within the City;
c. To promote public awareness of the dangers of improper discharge of hazardous substances,
petroleum products,household hazardous waste,industrial waste,sediment from grading and
construction sites,pesticides,herbicides,fertilizers and other pollutants into the storm sewers
and surface waters of the City;
d. To encourage recycling and safe disposal of used and potentially harmful or hazardous
consumer products;and
e. To enable the City to comply with all federal and state laws and regulations applicable to
storm water discharges.
B. Administration
1. Except as otherwise provided herein, the City Engineer shall administer, implement and enforce
the provisions of this Ordinance. Any powers granted to or duties imposed upon the City Engineer
may be delegated by the City Engineer to other City personnel.
C. Abbreviations. The following abbreviations, when used in this Ordinance, shall have the
designated meanings:
BMP - Best Management Practices
BTEX - Benzene, Toluene, Ethylbenzene and Xylene
CFR - Code of Federal Regulations
EPA - United States Environmental Protection Agency
MS4 - Municipal Separate Storm Sewer System of the City of Beaumont
NOI - Notice of Intent
NOT - Notice of Termination
NOTG - Notice of Termination of Grading
NPDES - National Pollutant Discharge Elimination System
PST - Petroleum Storage Tank
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SARA - Superf ind Amendments and Reauthorization Act of 1986
SWO Stop Work Order
SWPPP - Storm Water Pollution Prevention Plan(SWP3)
SWP3 - Storm Water Pollution Prevention Plan(SWPPP)
TNRCC - Texas Natural Resource Conservation Commission
USC - United States Code
D. Definitions. Unless a provision explicitly states otherwise,the following terms and phrases,as
used in this Ordinance, shall have the meanings hereinafter designated.
1. Agricultural storm water runoff. Any storm water runoff from orchards, cultivated crops,
pastures, range lands and other nonpoint source agricultural activities,but not: discharges from
concentrated animal feeding operations as defined in 40 CFR § 122.23; discharges from
concentrated aquatic animal production facilities as defined in 40 CFR§ 122.24; or discharges
from residential irrigation or landscape watering.
2. Authorized Representative. A person delegated authority to act on behalf of another for the
purpose of complying with specified requirements of this Ordinance.
3. Best management practices (BWs). Schedules of activities; prohibitions of practices;
maintenance procedures;material storage shelters or covers;drainage management;runoffcontrol
devices or structures; retention or detention structures;trapping,separating or settling devices;
spill prevention or control devices and tools;waste treatment plants and devices;managed waste
disposal devices and procedures; and other management practices to prevent or reduce the
pollution of waters of the United States.
4. Compliance monitoring. Observation, measurement or sampling done for the purpose of
determining compliance to this Ordinance.
5. Charity car wash. A car wash conducted by a nonprofit organization or a collection of people
not party to a common agreement or understanding for operation of the car wash for personal
monetary gain.
6. City. The City of Beaumont,Texas.
7. City Council. The City Council of the City of Beaumont.
8. City Engineer. The person appointed to the position of City Engineer by the City Manager of the
City of Beaumont, or his or her duly authorized representative.
9. Chief of Police. The administrative head of the police department of the City.
10. Chief of the Fire Department. The administrative head of the fire department of the City.
11. Commencement of construction. The first disturbance of soils associated with or caused by
move-in of equipment, installation of access roads or trails, storage of materials or equipment,
clearing,grading, demolition,building,excavation or similar activities at a construction site.
12. Commercial. Pertaining to any business,trade, industry or other activity conducted for profit.
13. Commercial activity. Services or activities involving the display, direct sale or distribution;
temporary storage prior to display,sale, or distribution;or repair or replacement of services or
products to the general public,or defined groups of the public,whether or not in conjunction with
other noncommercial activities. Unless defined as an industrial activity by state or federal
regulation,services,products or activities provided to or done on behalf of the general public shall
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be considered commercial activities.
14. Commercial facility. Any facility used or operated for, or in conjunction with, a commercial
activity, except those commercial activities which are either solely agricultural or defined as
industrial activities.
15. Compliance Order. An order issued by the City Engineer requiring a discharger to comply with
this Ordinance by means specified in the order.
16. Consent Order. An order issued by the City Engineer to which a discharger agrees to bring the
discharge into compliance to this Ordinance.
17. Construction. Activities involving clearing,grading,demolition,excavation,filling or building
of above and below ground structures and buildings, support and auxiliary facilities,
transportation facilities,container and containment structures,above and below ground utilities
and associated auxiliary facilities,pipelines and conveyances,and similar activities undertaken
for public purposes or needs; for preparation of land, structures, or facilities for commercial
purposes,use or sale;or for preparation of land,structures,or facilities for industrial purposes,
use or sale.
18. Construction site. The entire location where any construction or construction related activities
occur which are part of a common development or project.
19. Discharge. Any addition or introduction of any pollutant, storm water or any other substance
whatsoever into the municipal separate storm sewer system(MS4)or into waters of the United
States.
20. Discharge permit. A NPDES permit,a TPDES permit or other state or federally issued permit
or license for the discharge of waste or storm waters to the waters of the United States.
21. Discharger. Any person who causes,allows,permits or is otherwise responsible for a discharge,
including,without limitation,any operator of a construction site,grading site or industrial facility.
22. Domestic sewage. Human excrement,gray water(from home clothes washing,bathing,showers,
dishwashing, and food preparation), other wastewater from household drains, and waterborne
waste normally discharged from the sanitary conveniences of dwellings (including apartment
houses and hotels),office buildings,factories and institutions,that is free from industrial waste.
23. Effluent limit. A boundary or acceptable range on the magnitude of a water quality parameter
in a wastewater or storm water discharge.
24. Emergency Cease and Desist Order. An order issued by the City Engineer requiring immediate
cessation of a discharge because of imminent endangerment to people or the environment.
25. Environmental Protection Agency(EPA). The United States Environmental Protection Agency,
the regional office thereof, any federal department, agency or commission that may succeed to
the authority of the EPA,and any duly authorized official of the EPA or such successor agency.
26. Extremely hazardous substance. Any substance listed in the Appendices to 40 CFR Part 355,
Emergency Planning and Notification.
27. Facility. Any building, structure, installation or area of activity from which there is or may be
a discharge of a pollutant,excluding a construction or grading site.
28. Fertilizer. A solid or nonsolid substance,compound or mixture that contains an essential plant
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nutrient element in a form available to plants and that is used primarily for its essential plant
nutrient element content in promoting or stimulating growth of a plant or improving the quality
of a crop.
29. Final stabilization. The condition,or the activities leading thereto,of a grading site wherein all
soil disturbing activities at the site have been completed, and a uniform perennial vegetative
cover,or equivalent permanent erosion prevention measures,has been established over all areas
not paved or covered by permanent structures or impervious surfaces.
30. Fire Department The fire department of the City of Beaumont, or any duly authorized
representative thereof
31. Fire fighting discharge or flow.A discharge or flow resulting from fire fighting by the City's Fire
Department,a fire department of another city or public entity, or a fire fighting unit operated by
an industrial or commercial facility or consortium of industrial or commercial facilities doing
business or conducting operations within the City or its extra-territorial jurisdiction.
32. Fire protection water. Any water,and any substances or materials contained therein,discharged
or emitted from a fire suppressant device or used by any person other than the Fire Department
to control or extinguish a fire.
33. Garbage. Putrescible animal and vegetable waste materials from the handling, preparation,
cooking or consumption of food,including waste materials from markets, storage facilities and
the handling and sale of produce and other food products.
34. Grading activities. Activities which result in the disturbance of surface soil, removal of
vegetation or removal of structures.
35. Grading site. Area or location where grading activities or grading-related activities occur which
are part of a common development or project.
36. Grading permit. Authorization issued by the City to conduct grading activities.
37. Grading plan. A plan describing how grading is to be performed and how site closure is to be
accomplished at a grading site.
38. Harmful. Causing pollution of waters in the State or waters occurring in the MS4.
39. Harmful quantity. The amount of any substance that will cause pollution of waters in the State
or waters occurring in the MS4.
40. Hazardous household waste(HHW). Any material generated in a household(including single
and multipl.- residences, hotels and motels, bunk houses, ranger stations, crew quarters, camp
grounds, picnic grounds, and day use recreational areas) by a consumer which, except for the
exclusion provided in 40 CFR§261.4(b)(1),would be classified as a hazardous waste under 40
CFR Part 261.
41. Hazardous substance. Any substance listed in Table 302.4 of 40 CFR Part 302.
42. Hazardous waste. Any substance identified or listed as a hazardous waste by the EPA pursuant
to 40 CFR Part 261.
43. Hazardous waste treatment,disposal or recovery facility. All contiguous land and structures,
other appurtenances and improvements on the land used for the treatment,disposal or recovery
of hazardous waste.
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44. Herbicide. A substance or mixture of substances used to destroy a plant or to inhibit plant
growth.
45. Illicit discharge. A discharge of liquid or solid wastes, or combination thereof, which is
discharged to a storm water conveyance without permit or exemption from prohibition of such
discharge.
46. Impervious. A condition of the land surface for which more than ninety (90) percent of the
rainfall on the land surface would be reasonably expected to run off.
47. In-use residential property. Residential property on which a building or a mobile home is
occupied on a more or less continuous and current basis.
48. Industrial waste. Any waterborne liquid or solid substance that results from any process of
industry,manufacturing,mining,production,trade or business,and that is not reused or recycled
by the same industrial facility generating such liquids or solid substances.
49. Industrial activity. Any activity or group of related or common activities defined as an industry
or industries by federal regulation in 40 CFR§ 122.26(b)(14).
50. Industrial facility. The land, buildings, structures and auxiliary and support structures and
devices,where an industrial activity takes place;areas or zones where industrial activities take
place;and areas or zones where industrial processes occur.
51. Industrial storm water discharge. Any storm water discharge from an industrial facility,
excluding areas separate from the facility's industrial activity, such as office buildings and
accompanying parking lots or employee recreation areas, so long as the drainage from the
excluded areas is not mixed with storm waters drained from the industrial areas.
52. Irrigation overflow. A discharge of residual waters from irrigation activities;also return flow
from irrigation activities.
53. Late Filing of Grading Permit Application. A filing of a Grading Permit application made less
than two(2)working days prior to commencement of construction.
54. Leasee. The person who leases a construction site or industrial or commercial facility and acts
as an owner in regard to the conduct of construction at a construction site or operation of the
facility at an industrial or commercial facility.
55. Motor oil. Any nonvegetable oil that is or was used in the operation of a vehicle engine or
associated parts or systems, or in the operation of a stationary or mobile engine or mechanical
device, including but not limited to crankcase oil,transmission fluid,pulley or shaft lubrication,
and clutch lubrication.
56. Motor vehicle fluid. Any vehicle crankcase oil, motor oil, antifreeze, transmission fluid,
hydraulic fluid,brake fluid,differential lubricant,gasoline,diesel fuel,gasoline or alcohol blend
and any other fluid used in a motor vehicle for the purpose of operation or function of the vehicle.
57. MS4. Municipal separate storm sewer system, incorporating the entire system of storm water
conveyances, but not sanitary or industrial wastewater sewers, or a single conveyance in such
entire system,natural or man-made,lying within the boundaries of the City.
58., MS4 Permit. The NPDES permit issued to the City and other co-permitees for the discharge of
storm waters from the MS4.
59. Municipal landfill. An area of land or an excavation in which municipal solid waste is placed for
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permanent disposal and which is not a land treatment facility,a surface impoundment,an injection
well or a pile(as these terms are defined in regulations promulgated by the TNRCC).
60. Municipal separate storm sewer system (MS4). Storm water conveyances lying within the
corporate limits of the City of Beaumont,including but not limited to storm water sewers,inlets,
catch basins, traps, gutters, drains, ditches, culverts, canals, ponds and other storm water
conveyances, both natural and man-made, designed or used for collecting or conveying storm
water,and which are not used for collecting or conveying sewage.
61. Municipal solid waste. Solid waste resulting from or incidental to municipal, community,
commercial, institutional or recreational activities, including garbage, rubbish, ashes, street
cleanings,dead animals,abandoned automobiles and other solid waste other than industrial waste.
62. No exposure to Storm Water. A continuing and uninterrupted condition of no contact by rainfall
and storm water runoff discharged from a facility to raw materials,primary products,secondary
products,intermediate products,byproducts,recycled products,or waste products;recycled or
residual materials used in generation, storage, or handling of such materials or products;
machinery or equipment used in the generation,processing,storage,or handling of such materials
or products; or residuals or wastes arising from or due to operation of the commercial or
industrial facility.
63. No exposure certification. A certification signed by the operator of an industrial or commercial
facility that there is a condition of"no exposure„at the facility.
64. Nonpoint source. Any source of any discharge of a pollutant that cannot be identified as
emanating from a"point source."
65. Notice of Intent(NO[).A formal,written notice required by a state or federal agency stating the
intent of the submitter of the NOI to utilize a general permit for purposes of permitting a
discharge which is authorized by the general permit.
66. Notice of Termination (NOT). A formal written notice required by a state or federal agency
stating the intent of the submitter to discontinue a discharge previously authorized under a general
permit.
67. Notice of Termination of Grading(NOTG). A notice provided by a construction site operator
to the City notifying the City of intended completion of grading activities.
68. Notice of Violation(NOV). A legal notice issued by the City Engineer indicating a discharge is
in violation of this Ordinance and that the violator must eliminate such discharge.
69. NPDES permit. A National Pollutant Discharge Elimination System permit issued by the EPA
(or by the State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the
discharge of pollutants to waters of the United States, irrespective of whether the permit is
applicable on an individual,group or general area-wide basis.
70. Oil. Any nonvegetable oil in any form not intended for human consumption or use in the
preparation of food including,but not limited to:petroleum,petroleum-based motor vehicle fluid,
fuel oil,crude oil or any fraction thereof which is liquid at standard conditions oftemperature and
pressure, sludge,oil refuse,and oil mixed with waste.
71. Operator of a construction site. The person or persons who, either individually or taken
together, (1) have, by virtue of ownership or lease, operational control over the construction
6
specifications (including the ability to make modifications in specifications); (2)have by virtue
of ownership, lease or contract,the day-to-day operational control over those activities at the
construction site sufficient to ensure compliance with pollution prevention requirements and any
permit conditions; or (3) have financial control of construction and authority to direct, either
directly or indirectly,the construction activities to be undertaken at the site.
72. Operator of an industrial or commercial facility. The person by virtue of ownership, lease or
contract is(1)in charge of the activities at an industrial or commercial facility,whether active or
inactive, and (2) has financial responsibility for activities conducted at the facility. When the
facility is located on property leased by the owner of the facility,the operator is the owner of the
facility,not the owner of the leased property.
73. Owner. The person who owns a facility,property on which a facility occurs,part of a facility,
or part of the property on which a facility occurs;in the case of a mortgaged facility or property,
the person who has a mortgage on the property and who will obtain,upon proper payment to a
financial institution,ownership of the property; in the case of a facility or property for which a
person has an option to purchase and such person acts,in effect,as an owner. Also,the person
who owns a site or facility and who has ultimate financial responsibility for activities conducted
at the site or facility.
74. Person. Any individual;group of people by virtue of contract or mutual consent acting as a single
entity; group of people assigned joint responsibility under requirements of this Ordinance;
partnership;co-partnership;firm,company,corporation,association,joint stock company,trust,
estate,governmental entity or any other legal entity;or the legal representatives,agents or assigns
of any person as defined in this paragraph. This definition includes all federal, state and local
governmental entities.
75. Pervious. A condition of the land surface which is not impervious.
76. Pesticide. A substance or mixture of substances intended to prevent,destroy, repel or mitigate
any pest, or any substance or mixture of substances intended for use as a plant regulator,
defoliant, or desiccant (as these terms are defined in Section 76.001 of the Texas Agriculture
Code).
77. Petition for Reconsideration. Written document submitted by a person to the City Engineer
requesting reconsideration of a previously issued SWO; Compliance Order; Remediation,
Abatement and Restoration Order; or Emergency Cease and Desist Order.
78. Petroleum product. A product obtained from distilling and processing crude oil, including,but
not limited to,any petroleum-based liquid that is capable of being used as a fuel for combustion
devices or systems; or the propulsion of a motor vehicle, engine or aircraft, including motor
gasoline,gasohol,other alcohol blended fuels,aviation gasoline,kerosene,distillate fuel oil,and
# 1 and#2 diesel. (The term does not include naphtha-type jet fuel,kerosene-type jet fuel,or a
petroleum product destined for use in chemical manufacturing or feedstock of that
manufacturing.)
79. Petroleum storage tank(PST). Any one or combination of aboveground or underground storage
tanks that contain petroleum products and any connecting underground and aboveground pipes.
80. Point source. Any discernable,confined and discrete conveyance,including but not limited to,
any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation,landfill leachate collection system or floating craft from
7
which pollutants are or may be discharged. This term does not include overflows from irrigated
agriculture or agricultural storm water runoff.
80. Pollutant. Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge,
munitions,chemical waste,biological materials,radioactive materials,heat,wrecked or discarded
equipment, rock, sand, cellar dirt, sediment and industrial, municipal, and agricultural waste
discharged into water. The term"pollutant" does not include tail water or runoff water from
irrigation or rainwater runoff from cultivated or uncultivated range land,pasture land and farm
land.
81. Pollution. The alteration of the physical, thermal, chemical or biological quality of or the
contamination of,any water in the state that renders the water harmful,detrimental or injurious
to humans, animal life, vegetation or property, or to the public health, safety or welfare, or
impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
82. Qualified personnel. Persons who possess the appropriate competence, skills and ability(as
demonstrated by sufficient education, training, testiag, experience or, when applicable, any
required certification or licensing)to perform a specific activity in a timely and complete manner
consistent with the applicable regulatory requirements and generally accepted industry or
professional standards for such activity.
83. Release. Any spilling, leaking, pumping, ping, Wig, emptying, discharging, injecting,
escaping,leaching,dumping or disposing into the municipal separate storm sewer system(MS4)
or the waters of the United States.
84. Remediation,Abatement and Restoration Order. A legally issued order by the City Engineer
to correct or repair damage; stop, reduce or otherwise control pollutant discharge; and/or to
rehabilitate and return to original quality some condition in the environment.
85. Reportable incident. A spill or other release of a hazardous or extremely hazardous substance,
oil or other harmful substance which enters or is likely, in the absence of control of the spill or
other release,to enter the MS4.
86. Reportable quantity(RQ). For any"hazardous substance,"the quantity established and listed
in Table 302.4 of 40 CFR Part 302; for any "extremely hazardous substance," the quantity
established in 40 CFR Part 355 and listed in Appendix A thereto.
87. Residential property. Land and buildings on such land used predominately for ordinary living
and not for agricultural,commercial,industrial or public purposes,such buildings including but
not limited to single family houses,multi-family houses, condominiums and apartments.
88. Rubbish. Nonputrescible solid waste, excluding ashes, that.consist of(1) combustible.waste
materials, including paper, rags, cartons, wood, excelsior, f imiture, rubber, plastics, yard
trimmings, leaves or similar materials; or(2)noncombustible waste materials, including glass,
crockery, tin cans, aluminum cans, metal fiuniture and similar materials that do not bum at
ordinary incinerator temperatures(1600 to 1800 degrees Fahrenheit).
89. Sanitary sewer(or sewer). The system of pipes, conduits and other conveyances which carry
industrial waste and domestic sewage from residential dwellings,commercial buildings,industrial
and manufacturing facilities, and institutions, whether treated or untreated, to the City sewage
treatment plant(and to which storm water, surface water and groundwater are not intentionally
discharged).
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90. Septic tank waste. Any domestic sewage from holding tanks such as vessels, chemical toilets,
campers,trailers and septic tanks.
91. Service station. Any retail establishment engaged in the business of selling fuel for motor
vehicles that is dispensed from stationary storage tanks.
92. Sewage(or sanitary sewage). The domestic sewage or industrial waste that is discharged into
the City sanitary sewer system and passes through the sanitary sewer system to the City sewage
treatment plant for treatment.
93. Show Cause Hearing. A hearing for which a violator of this Ordinance must provide reason why
a proposed enforcement action by the City Engineer should not be undertaken.
94. Significant pollutant release. Any release of storm waters,nonstorm waters or mixture of storm
and nonstorm waters to the MS4 or a water of the United Stales which the City Engineer
determines to cause,contribute to,or to have reasonable expectation to cause or contribute to a
violation of stream quality standards or a violation of a permit issued to the City for discharge
of storm or waste waters.
95. Site. The land or water area where any facility or activity is physically located or conducted,
including adjacent land used in connection with the facility or activity.
96. Site closure. The process of achieving final stabilization at a construction site and conducting
activities at the site which leave the site in good repair.
97. Site stabilization. The condition,or the activities leading thereto,of a grading site for which all
soil disturbing activities and conditions at the site have been reduced to the maximum extent
practicable by completing, controlling, limiting or otherwise managing grading activities and
applying best management practices to limit erosion by use of vegetative cover or equivalent
erosion prevention measures(such as the use of hay,mulch,vegetative mats,sod,riprap,gabions
or geotextiles)over all areas not paved or covered by permanent structures,impervious surfaces
or not undergoing active grading. Permanent site stabilisation instituted at the conclusion of
grading activities is final stabilisation(see also definition of final stabilization).
98. Solid waste. Any garbage, rubbish, refuse, sludge from a waste treatment plant, water supply
treatment plant, or air pollution control facility, and other discarded material, including, solid,
liquid,semi-solid or contained gaseous material resulting from industrial,municipal,commercial,
mining or agricultural operations, or from community and institutional activities.
99. State. The State of Texas.
100. Stop Work Order (SWO). A legal order issued by the City Engineer to stop construction
because of noncompliance to this Ordinance.
101. Storm water. Water derived solely and directly from rainfall or snowmelt runoff and appearing
as overland flow, flow in drainage conveyances or flow in natural watercourses and manmade
waterways.
102. Storm water permit For a construction site,a general or individual permit issued by a federal
or state agency for the discharge of storm waters, inclusively,from a construction site. For an
industrial facility, a general or individual permit issued by a federal or state agency for the
discharge of storm waters,inclusively,from an industrial facilty.
103. Storm water discharge associated with industrial activity.The discharge from any conveyance
9
which is used for collecting and conveying storm water and which is directly related to or has its
source in man ct ring,processing or raw materials storage areas at an industrial plant which
is within one of the categories of facilities listed in 40 CFR § 122.26(b)(14), and which is not
excluded from EPA's definition of the same term.
104. Storm Water Pollution Prevention Plan(SWPPP,SWP3). A plan that describes the practices,
and the,procedures for their implementation,that are to be used to reduce the pollutants in storm
water discharges associated with construction or other industrial activity at a facility.
105. TPDES permit. Texas Pollution Discharge Elimination System permit issued by the TNRCC
for the discharge of waste or storm waters pursuant to authority delegated to the State of Texas
by the EPA for issuance of NPDES permits. For the purposes of this Ordinance, the term
TPDES permit is synonymous with NPDES permit.
106. Uncontaminated. Not containing a harmU quantity of any substance.
107. Used oil. Any nonvegetable oil that has been refined from crude oil or a synthetic oil that,as a
result of use, storage or handling, has become unsuitable for its original purpose because of .
impurities or the loss of original properties but that may be suitable for further use and is
recyclable in compliance with state and federal law.
108. Warning Notice. A notice issued by the City Engineer stating that a discharge is in violation of
this Ordinance and requesting that the cause of discharge be investigated and that any violations
be stopped-
109. Washdown water. Wastewaters or residual liquids used in or resulting from washing,cleaning
or decontamination of vehicles,equipment,machinery,buildings,facility,containment,structure,
or associated appurtenances or parts,components,elements or portions thereof.
110. Waste,debris,trash. Solid waste composed of mixtures of floatables and nonfloatables derived
from identifiable and ill-defined residential, industrial and commercial sources, commonly
consisting of miscellaneous containers, bottles, cans, packaging, dead vegetation, discarded
construction materials,soil,silt,yard waste,paper,cardboard,bottle and container caps and tops,
oil and grease, paint and painting supplies,discarded auto parts or repair or maintenance tools
or supplies,discarded clothes,discarded furniture, discarded household appliances or discarded
parts of furniture or appliances.
112. Waters in the State(or Waters of the State). Any groundwater,percolating or otherwise,lakes,
bays, ponds, impounding reservoirs, springs, rivers, streams,creeks,estuaries,marshes, inlets,
canals,the Gulf of Mexico inside the territorial limits of the State,and all other bodies of surface
water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and
including the beds and banks of all water courses and bodies of surface water,that are wholly or
partially inside or bordering the State or inside the jurisdiction of the State.
113. Water quality standard. The designation of a body or segment of surface water in the State for
desirable uses and the narrative and numerical criteria deemed necessary by the State to protect
those uses,as specified in the Texas Administrative Code.
114. Waters of the United States. All waters which are currently used,were used in the past,or may
be susceptible to use in interstate or foreign commerce,including all waters which are subject to
the ebb and flow of the tide; all interstate waters, including interstate wetlands;all other waters
in which the use, degradation or destruction would affect or could affect interstate or foreign
commerce;all impoundments of waters otherwise defined as waters of the United States under this
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definition; all tributaries of waters identified in this definition; all wetlands adjacent to waters
identified in this definition;and any waters within the federal definition of"waters of the United
States"at 40 CFR$ 122.2; but not including any waste treatment systems, treatment ponds or
lagoons designed to meet the requirements of the federal Clean Water Act.
115. Vehicle maintenance fluid. Any used or unused motor vehicle fluid, any fuel, any soap or
detergent and any fluid except uncontaminated water resulting from the operation, servicing,
repair, cleaning or other maintenance of a vehicle.
116. Wetland. An area that is inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support,and which under normal circumstances does support,a prevalence
of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps,marshes,bogs and similar areas.
117. Working day. Any calendar day, 8 am to 5 pm, but not including Saturday, Sunday,any legal
holiday recognized by the City or any day for which the City Engineer's offices are closed for
ordinary and general business.
118. Yard waste. Leaves, grass clippings, yard and garden debris and brush that results from
landscaping maintenance and land-clearing operations.
E. Authorized Representative
1. For a person to be a duly authorized representative for the purpose of complying to this
Ordinance,there shall be on file with the City Engineer a delegation of authority to the authorized
representative by the person making the delegation. At a minimum,this delegation shall provide
the name, title,and signature of the person making the delegation of authority;the name,title,
and signature of the person being authorized as a representative; and a statement that:
a. The authorized representative has the power to act on behalf of the person making the
delegation in the matters identified in the delegation of authority. Matters which can be
delegated include but are not limited to making applications, preparing grading plans,
preparing storm water pollution prevention plans, and providing notices required by this
Ordinance;and
b. The person making such delegation understands that such delegation does not limit his or her
liability in regard to compliance to this Ordinance and matters for which delegation is made.
F. Report To Other Agencies
1. The City Engineer may report any violation of this Ordinance by a discharger or operator to any
state or federal regulatory agency.
G. Compliance and Liability
1. Compliance to this order by a person shall not be more than thirty(30)days after its adoption,
unless such compliance requires structural additions or modifications to facilities, storm water
conveyances,or appurtenances to such facilities or conveyances,in which case such compliance
shall be within ninety(90)days.
2. A grading permit required by this Ordinance for grading which is ongoing at the time of adoption
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of this Ordinance shall be obtained by the operator of the grading site within thirty(30)days of
adoption of this ordinance unless such grading is terminated and the grading site undergoes proper
closure as prescribed by this Ordinance no later than ninety(90) calendar days after the date of
adoption of this Ordinance.
3. Submittal by a person to the City Engineer of a copy of a report required by county, state, or
federal law,regulation,ordinance,administrative order,enforcement action or other duly issued
order of a court of competent jurisdiction shall in no way remove any responsibility of the person
to meet such requirements for such report or requirements to submit such report to any county,
state,or federal department,agency,entity or person or to any court.
4. Request for submission by the City Engineer, submission by a person to the City Engineer, or
review by the City Engineer of any report, plan, application, or other document required by
county,state,or federal law,regulation,ordinance,administrative order,enforcement action or
other duly issued order of a court of competent jurisdiction does not imply, guarantee, or
warrantee that such request, submission or review will assure,meet or in any other way satisfy
requirements for compliance of such report,plan,application or other document with such county,
state,or federal law,regulation,ordinance,administrative order,enforcement action or other duly
issued order of a court of competent jurisdictim Such request for submission, submission or
review does not imply or infer assumption of liability by the City for harm or damages suffered
as a consequence of use or implementation of such report,plan, application or document. Such
submission or review does not relieve a discharger or operator of liability or imply or represent
transfer of liability from the discharger or operator to the City for compliance to such state or
federal law, regulation, ordinance, administrative order, enforcement action, or other order for
consequences resulting from use of such report,plan,application or other document.
5. The City Engineer,upon written request of any person received within the time established by this
Ordinance or by the actions of the City Engineer for compliance with this Ordinance,may extend
the date of compliance to this Ordinance for such person if the City Engineer determines that such
extension will serve the purposes of this Ordinance.
6. Compliance to a provision ofthis Ordinance shall not relieve a person from compliance to any and
all other applicable provisions of this Ordinance and any other requirements of City,county,state,
or federal law,regulation,ordinance,administrative order,enforcement action or other duly issued
order of a court of competent jurisdiction.
H. Significant Discharge Of Pollutants
1. For the purpose of this Ordinance,a significant discharge of pollutants to the MS4 or waters of
the United States occurs when any one or combination of the following occur:
a. The pollutant being discharged is an oil, toxic material,hazardous or extremely hazardous
substance or hazardous waste;
b. The discharge causes or contributes to the violation of State water quality standards by
discharges from the MS4;
c. The discharge causes the City or any or all co-pennittees to the MS4 permit to violate the
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MS4 permit;
d. The discharge contributes all or in part to the City violating the MS4 permit or any other state
or federal permit issued to the City for discharge of storm waters, wastewaters, or other
wastes;
e. The discharge causes or contributes to the violation by the City of a state or federal regulation
or effluent limit;
f The discharge has caused,is causing or represents an imminent or substantial endangerment
to the health or welfare of persons or to the environment, or the discharge results or has
resulted in the City Engineer's exercise of his or her emergency authority to halt or prevent
such a discharge;
g. The discharge is,as determined by the City Engineer,a chronic or an extreme endangerment
to the public or to the environment;
h. The discharge fails to comply with a schedule for compliance with this Ordinance,whether
imposed by the City or by a court.
I. General Prohibitions
1. No Significant Discharge of Pollutants.No person, acting alone or in concert with others,shall
create, cause or introduce or contribute to creating, causing or introducing any discharge that
causes a significant discharge of pollutants to the MS4 or waters of the State or the United States.
2. No Nonstorm Discharge.No person shall introduce or cause to be introduced into the MS4 any
discharge that is not composed entirely of storm water, except for a discharge composed of the
one or more of the following or a mixture of storm water and one or more of the following:
a. A discharge authorized by, and in full compliance with, an NPDES permit (other than the
MS4 permit);
b. Fire fighting discharge or flow;
c. Discharge or flow of fire protection water that does not contain oil or hazardous substances
or materials,including but not limited to discharges from automatic sprinkler systems instalIC4
for the purpose of fire protection, and discharges from city, commercial or industrial fire
hydrants.
d. Agricultural storm water runoff,
e. Irrigation overflow;
f. A discharge or flow from water line flushing,but not including a discharge from water line
disinfection by superchlormation or other means unless it contains no harmful quantity of
chlorine or any other chemical used in line disinfection;
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g. A discharge or flow from lawn watering, noncommercial gardening or landscape irrigation;
h. A discharge or flow from a diverted stream flow or natural spring;
i. A discharge or flow from uncontaminated pumped groundwater or rising groundwater,
j. Uncontaminated groundwater infiltration(as defined as 40 CFR §35.2005(20))to the MS4;
k. Uncontaminated discharge or flow from a foundation drain,crawl space pump,footing drain
or sump pump;
I. A discharge or flow from a potable water source not containing any harmful substance or
material from the cleaning or draining of a storage tank or other container,
m. A discharge or flow from air conditioning condensation that is unmixed with water from a
cooling tower,emissions scrubber,emissions filter or any other source of pollutant;
n. A discharge or flow from individual residential car washing;
o. A discharge or flow from car washing done for charity, community or civic purposes,
provided the charity,community or civic group performing such car washing receives all of
any money paid by persons for such washing and such charity,community or civic group does
not conduct such washing activities more than twelve(12)calendar days per year;
p. A discharge or flow from a riparian habitat or wetland;
q. A discharge or flow from water used in street washing that is not contaminated with any soap,
detergent,surfactant,degreaser,solvent,emulsifier,dispersant or any other harmful cleaning
substance;
r. Storm water runoff from a roof that is not contaminated by any runoff or discharge from an
emissions scrubber or filter or any other source of pollutant;and
s. Swimming pool water that has been dechlorinated or otherwise treated so that the discharge
contains no harmful quantity of chlorine,muriatic acid or other chemical used in the treatment
or disinfection of the swimming pool water or in pool cleaning.
J. Specific Prohibitions And Requirements
I. Non Inclush4ty. The specific prohibitions and requirements in this section are not necessarily
inclusive of all the discharges prohibited by the general prohibitions of this Ordinance.
2. ProhibitedReleases.No person shall dump,spilt,leak,pump,pour,emit,empty,discharge,leach,
dispose or otherwise introduce or cause, allow or permit to be introduced any of the following
substances into the MS4:
a. Any used or unused motor oil,antifreeze or any other motor vehicle fluid;
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b. Any industrial waste;
c. Any hazardous or extremely hazardous waste, including household hazardous waste;
d. Any domestic sewage or septic tank waste,grease trap waste or grit trap waste;
e. Any garbage,rubbish or yard waste;
f. Any wastewater from a commercial car wash facility;from any vehicle washing,cleaning or
maintenance at any new or used automobile or other vehicle dealership,rental agency,body
shop,repair shop or maintenance facility,
g. Any wastewater from any washing, cleaning or maintenance of any industrial, commercial
or public service vehicle,including but not limited to a truck,bus or mobile heavy equipment,
by an industrial,commercial or public entity that operates or services more than two(2)such
vehicles on a regular basis;
h. Any wastewater from the washing,cleaning,de-icing or other maintenance of aircraft;
i. Any wastewater from the washing, cleaning or maintenance of railway engines or other
railway vehicles;
j. Any wastewater from a commercial mobile power washer or from the washing or other
cleaning of a building exterior that contains any soap, detergent, surfactant, solvent,
degreaser, emulsifier,dispersant or any other harmful cleaning substance;
k. Any wastewater from floor,rug or carpet cleaning;
I. Any wastewater from the washdown or other cleaning of pavement that contains any harmful
quantity of soap,detergent,surfactant,solvent,degreaser,emulsifier,dispersant or any other
harmful cleaning substance;or any wastewater from the washdown or other cleaning of any
pavement where any spill, leak or other release of oil, motor fuel or motor vehicle fluid or
hazardous or extremely hazardous substance has occurred, unless all harmful quantities of
such released material have been previously removed;
m. Any effluent from a cooling tower, condenser, compressor, emissions scrubber, emissions
filter or the blowdown from a boiler;
n. Any ready-mixed concrete,mortar,ceramic,asphalt-based material or hydromulch material,
or discharge from the cleaning of vehicles or equipment containing or used in transporting or
applying such material;
o. Any runoffor washdown water from any animal pen,kennel or fowl or livestock containment
area that is used to contain or otherwise house animals, fowl or livestock for the purpose of
private, commercial or industrial sale;
p. Any filter backwash from a swimming pool, fountain or spa;
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q. Any swimming pool water containing any harmful quantity of chlorine,muriatic acid or other
chemical used in the treatment or disinfection of the swimming pool water or in pool cleaning;
r. Any discharge from water line disinfection by superchlorination or other means if it contains
any harmful quantity of chlorine or any other chemical used in line disinfection;
s. Any water used in the fighting of fires which contains oil or hazardous substances or
materials,except a fire fighting discharge or flow as defined by this Ordinance;
t. Any water from a water curtain in a spray room used for painting vehicles or equipment;
u. Any contaminated runoff from a vehicle or mechanical equipment wrecking yard;
v. Any substance or material that will damage,block or clog any portion of the MS4;
w. Any release from a petroleum storage tank (PST), or any leachate or runoff from soil
contaminated by a leaking PST,or any discharge of pumped,confined or treated wastewater
firm the remediation of any such PST release, unless the discharge satisfies all of the
following criteria:
i. Complies with all state and federal regulations, standards and requirements;
ii. Contains no harmful quantity of any pollutant;
iii. Contains no more BTEX than is allowed by state water quality standards applicable to
those receiving waters to which such discharge may directly occur.
3. Erosion Control. No person shall introduce or cause to be introduced into the MS4 any harmful
quantity of sediment,silt,earth,soil or other material associated with clearing,grading,excavation
or other construction activities in excess of what could be retained on site or captured by
employing sediment and erosion control measures to the maximum extent practicable under
prevailing circumstances.
4. Sanitary Sewage. No person shall connect a sewer, pipeline, or other connecting line conveying
sanitary sewage to the MS4, allow such a connection to continue, or make use of any such
connection for the discharge of sewage to the MS4.
5. Pavement Washwater. No person shall cause or allow any pavement washwater from a motor
vehicle service station or facility providing services or fuel for motor vehicles to be discharged into
the MS4 unless such washwater has passed through a properly functioning and maintained grease,
oil and sand interceptor or other water quality device of comparable removal effectiveness before
discharge into the MS4.
6. No Discharge Without Required Permit or Plan.No person shall,acting alone or in concert with
others, create, cause, introduce, direct, allow or contribute to creating, causing, introducing,
directing or allowing a discharge to occur that results in a storm water discharge without a permit
or a plan required by this Ordinance or by state or federal regulation.
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II. REGULATION OF PESTICIDES,HERBICIDES AND FERTILIZERS
A. Licensing
1. Presentation of License. Any license,permit,registration,certification or evidence of financial
responsibility required by state or federal law for sale, distribution, application, manufacture,
transportation, storage or disposal of a pesticide,herbicide or fertilizer must be presented to the
City Engineer or any city law enforcement officer for examination upon request.
B. Proper Use and Disposal
1. Use According To Directions. No person shall use or cause to be used any pesticide or herbicide
contrary to any directions for use on any labeling required by state or federal law or regulation.
2. No Discharge Of Harmful Quantity. No person shall use or cause to be used any pesticide,
herbicide or fertilizer in any manner that the person knows,or reasonably should know,is likely
to cause,or does cause,a harmful quantity of the pesticide,herbicide or fertilizer to enter the MS4
or waters of the State or the United States.
3. No disposal to MS4.No person shall dispose of discard,stone or transport a pesticide,herbicide
or fertilizer,or a pesticide,herbicide or fertilizer container in a manner that the person knows,or
reasonably should know, is likely to cause, or does cause, a harmful quantity of the pesticide,
herbicide or fertilizer to enter the MS4 or waters of the State or the United States.
C. Notices
1. Display of Notice. Any person selling pesticides,herbicides or fertilizers at a retail or wholesale
place of business shall post a sign pertaining to the regulation of pesticides, herbicides, and
fertilizers that may be required by State regulation. Such sign,when required by State regulation,
shall also include or have appended to it a statement to the effect that information on the use of
pesticides, herbicides, and fertilizers can be obtained from the Texas Natural Resource
Conservation Commission. Such notice and information shall be prominently displayed at the
place of business where it may be read by purchasers of any pesticide,herbicide,or fertilizer.
III. OILS AND MOTOR VEHICLE FLUIDS
A. Control of Discharges of Oil
1. No person shall discharge oil or motor vehicle fluids into the MS4 or a storm sewer,drainage ditch
or channel, storm water drainage system, storm water conveyance, septic tank, sanitary sewer,
surface water,groundwater, or watercourse.
2. No person shall apply used oil to a road or land for dust suppression,weed abatement or other
similar purpose in a way or manner that introduces or is likely to introduce used oil into a storm
water conveyance or the MS4.
B. Notice Of Oil Collection.
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1. A retail dealer who annually sells directly to the public more than 550 gallons of motor oil shall
post m compliance with State regulation a sign informing the public about recycling of used oil
and used oil filters and that improper disposal of used oil is prohibited by law. The sign shall
prominently display the toll-free telephone number of the TNRCC Used Oil Recycling Program.
Such notice shall be prominently displayed at the place of business where it may be read by
purchasers of motor oil.
W. SPILL REPORTING AND CLEANUP
A. City Fire Department Reporting Requirement
I. Reportable Spilllncident.The person who operates or is in charge of any facility,vehicle or other
source of any spilling, leaking, pumping, pouring, emitting, emptying, discharging, escaping,
leaching,dumping, disposing of or other releasing of any reportable substance that may flow,
leach,enter or otherwise be introduced into the MS4 or waters of the State or United States,shall
immediately make an incident report by notifying the City Fire Department concerning the
incident.
2. Reporting Requirement.A reportable substance requiring a spill incident report is any one or more
of the following:
a. An amount equal to or in excess of a reportable quantity of any hazardous substance, as
established under 40 CFR Part 302;
b. An amount equal to or in excess of a reportable quantity of any extremely hazardous
substance, as established under 40 CFR Part 355;
c. An amount of oil that either(a)violates applicable water quality standards, or(b)causes a
film or sheen upon or discoloration of the surface of the water or an adjoining shoreline or
causes a sludge or emulsion to be deposited beneath the surface of the water or upon an
adjoining shoreline;or
d. Any harmful quantity of any pollutant.
B. Reportable Spill Incident Procedures.
1. Immediate Verbal Notification. A person becoming aware of a reportable spill shall, unless
verbal notification has previously been made,immediately make verbal notification of such spill
to the City Fire Department, such notification to report the following information to the extent
such information is known at the time of notification:
a. The identity or chemical name of the substance released and whether the
substance is a hazardous or extremely hazardous substance;
b. The exact location of the release including any known name of the waters
involved or threatened and any other environmental media affected;
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c. The time and duration(at the time of notification)of the release;
d. An estimate of the quantity and concentration of the substance released;
e. The source of the release;
f Any known or anticipated health risks associated with the release and, where appropriate,
information regarding medical attention that may be necessary for exposed individuals;
g. Any precautions that should be taken as a result of the release;
h. Any steps that have been taken to contain or clean up the released material and minimize its
impacts;and
i. The names and telephone numbers of the person or persons to be contacted for further
information.
2. Written Report. Within fifteen (15) calendar days following a reportable spill incident, the
responsible person in charge of the facility,vehicle or other source of the release shall,unless
waiver is provided by the City Engineer,submit a written report containing each of the items of
information required for verbal notification as well as the following additional information_
a. The ultimate duration,concentration and quantity of the release;
b. All actions taken to respond to, contain and clean up the released substances and all
precautions taken to minimize the impacts;
c. Any known or anticipated acute or chronic health risks associated with the release;
d. Where appropriate, information regarding medical attention necessary for exposed
individuals;
e. The identity of any governmental or private sector representatives responding to the release;
f. The measures taken or to be taken by the responsible person(s)to prevent similar future
occurrences; and
g. Other information the City Engineer,the Chief of Police,the Chief of the Fire Department or
their representative may request.
C. Liability
1. No Limitation ofDability.The notifications required for a reportable incident shall not relieve the
responsible person of any expense, loss, damage or other liability which may be incurred as a
result of the release,including any liability for damage to the City,to natural resources or to any
other person or property;nor shall such notification relieve the responsible person of any fine,
penalty or other liability which may be imposed pursuant to this Ordinance or to state or federal
law;nor shall notification relieve the responsible person from complying with any and all state,
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federal or other local law or regulation requiring reporting,cleanup, containment and any other
appropriate remedial action in response to the release.
2. Reimbursement.Any person responsible for a reportable spill shall reimburse the City for any cost
incurred by the City in responding to the spill as prescribed in Addendum A.
V. STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES
A. General Provisions
1. Construction Violation. Construction not initiated, conducted or terminated in accord with the
requirements of this Ordinance shall be a violation of this Ordinance.
2. Initiation And Termination Of Construction. Construction not initiated or terminated within the
time frame authorized by the City Engineer by notice,permit or license when such authorisation
is required by this Ordinance shall be a violation of this Ordinance.
3. Time Limits For Grading. It shall be a violation of this Ordinance to not comply with
requirements for timely application for a Grading Permit, requirements for a Grading Plan,and
a Notice of Termination of Grading(NOTG).
4. Use Of Best Management Practices. Any and all operators of a construction site and any and all
other persons undertaking construction activities as a contractor or subcontractor at a construction
site shall use best management practices to control, reduce and prevent,to the maximum extent
practicable,the discharge of pollutants to the MS4 and waters of the United States from activities
conducted by said operator,contractor or subcontractor,such pollutants to include but not limited
to: sediment, silt,earth, soil,dirt,sand and gravel; lime, liquids, solids and semi-solids used for
soil treatment,preparation or amendment;concrete,slurries,grout,tar and asphalt;construction
vehicle cleaning and wash waters;construction vehicle maintenance fluids such as hydraulic fluids,
lubricants,fuels,brake fluids and coolants;hazardous or extremely hazardous materials;materials
resulting from repair, renovation or demolition such as concrete, reinforcing bar,steel,wire,tar
paper,roofing materials,sheet rock,plaster,wood,cellar dirt and carpeting;residual and surplus
construction materials; paint, paint thinner, paint equipment cleaner and wastewater from the
cleaning of painting equipment and supplies; waste construction material packaging and
containers; and construction trash,debris and waste.
5. Remedy.The City may require remedy by the operator of a construction site of the conditions of
the construction site if the condition or the operation of the site by the operator of the construction
site is such as to cause, have caused or is likely to continue to cause imminent harm or
endangerment to the public or the environment. The cost of such remedy shall be borne by the
operator of the construction site.
6. Stop Work Order(SWO).
a. Whenever the City Engineer determines that the operation of a construction site has violated
or continues to violate any provision of this Ordinance,or any order issued thereunder,as it
may pertain to the operation of the construction site,the City Engineer may order that a SWO
be issued. Causes for issuance of a Stop Work Order(SWO)include but are not limited to:
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i. Noncompliance with requirements for notice, permit, plan or license for construction
required by this Ordinance;
ii. Noncompliance with requirements for closure of a construction site;
iii. Conducting construction in a manner that fails to control to the maximum extent
practicable the discharge of sediments and other pollutants from the construction site;or
iv. Conducting construction in a manner which the City Engineer determines to cause or have
the potential to cause a significant discharge of sediments or other pollutants to the MS4
or waters of the United States.
b. When a SWO is issued,it shall be issued to the operator of the construction site for which
construction is to stop, be posted at the construction site and distributed to all City
departments and divisions whose decisions affect any activity at the construction site.
c. Unless express written exception is made by the City Engineer,the SWO shall prohibit any
and all further construction activity at the construction site, and shall bar any further
inspection or approval by the City of any work associated with a building permit, grading
permit or any other City approval necessary to commence or continue construction or to
assume occupancy at the site.
d. Issuance of a SWO shall not be a bar against, or a prerequisite for,taking any other action
against the construction site operator.
B. Construction Site
1. Definition Of Construction Site. A construction site is the location and all the areas wherein
construction activity, which is all or part of a common development or project, are occurring,
proposed to occur or have occurred,irrespective of whether that construction is in compliance with
this Ordinance, irrespective of whether that construction activity is ongoing or temporarily
suspended for any purpose and irrespective of whether the C ity Engineer has granted authorization
to undertake the construction activity.
2. Construction Site Boundary. The boundary,of a construction site shall encompass all land and
surface water areas where construction activities of any type, including all a-eas of land surface
disturbed by or as a consequence of the construction activities or other activities in support of the
construction activities, are undertaken as part of a common development or project.
3. Staged Construction. The construction site shall encompass all areas of land to be disturbed by
construction of a common development or project, irrespective of whether such construction is
undertaken or planned to be undertaken in one phase or stage or different phases or stages and
irrespective of whether such construction is undertaken or planned to be undertaken at different,
separate or simultaneous times.
4. Boundaries OfDisturbance. The boundary of the construction site shall include all areas of land
where the land is to be disturbed by construction of a common development or project,irrespective
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of whether undertaken at contiguous or separate locations within the general area encompassed
by the common development or project,provided such boundary lies on or is within the boundary
of property collectively owned or leased by one or more parties undertaking any or all of the
construction activities.
5. Active And Inactive Construction. The construction site shall encompass all areas of ongoing,
temporarily suspended,yet-to-be undertaken and completed construction encompassing the totality
of the construction activities, irrespective of whether any or all the construction activities are in
compliance with this Ordinance.
6. City Engineer Definition Of Boundary. The City Engineer shall have the right to redefine, for
purposes of compliance with this Ordinance,the boundary of a construction site in extent and
amount necessary and sufficient in the judgment of the City Engineer to prevent the actual or
potential discharge of pollutants from the construction site to the MS4 or waters of the United
States to the maximum extent practicable,provided the boundary so defined lies on or within the
boundary of property collectively owned or leased by one or more operators undertaking any or
all of the construction activities at the construction site.
7. Cessation of Site. A construction site shall, for the purposes of this Ordinance, cease to be a
construction site only at such time that all requirements for closure of the construction site as
specified by this Ordinance have been accomplished.
C. Operators, Owners And Applicants For Construction Activities
1. Operator. A construction operator,as defined by and for the purposes of this Ordinance,is the
person or persons who, individually or collectively, own or lease the property upon which the
construction activity is proposed to, or does, take place; has legal, financial, and operational
control over construction specifications (including the ability to make modifications in
specifications);has control over activities at the construction site sufficient to ensure compliance
with applicable requirements of this Ordinance either directly, by delegation, by authorized
representative or by contract; and has the authority for undertaking or directing the undertaking
of any or all construction activities at a construction site in accord with plans and specifications.
2. Previous Owner or Leasee. In the event of a past partially completed or completed construction
activity,the operator is the person or persons who individually or collectively owned or leased the
property upon which that construction activity occurred during all or part of the time the
construction activity took place and during all or part of that time assumed all or some
responsibilities of an operator of a construction site.
3. Operator Responsibility.A construction operator shall be fully responsible for compliance with
all requirements of this Ordinance for construction activities,as may be applicable to the type of
construction activities being conducted,proposed to be conducted or that have been conducted by
the operator at a construction site,including but not limited to making application for a Grading
Permit,preparing a Grading Plan,performing closure of the construction site,and filing a Notice
of Termination of Grading.
4. Assurance of Compliance. An operator of a construction site shall ensure that all contractors
under his control or direction,by force of verbal or written word,contract,plan or specification,
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i
comply to the requirements of this Ordinance as it may apply to the construction site. Such
operator shall be liable for noncompliance to the requirements of this Ordinance by any or all
constriction contractors and subcontractors conducting work at the construction site.
5. Change In Operator. In the event that the operator of the construction site changes,all or in part,
any and all Grading Permits, Grading Plans and Notices of Termination of Grading for
construction yet to be completed must name the new and continuing operators.Existing documents
shall be amended,as necessary,to reflect the new and continuing operators'names.Any permits,
plans,or notices that have been issued or approved by the City for the constriction to the original
owner(s)must be reissued or re-approved,as appropriate,with the name(s)of the new operator(s)
in the same manner as the original operator,such reissuance or re-approval being obtained no later
than two working(2)days after such change and after payment of fees required by Addendum A.
6. Applicant. For the purpose of any applications for construction activities that may be required by
this Ordinance, an applicant is the person or persons making such application and is:
a: An owner of the property upon which construction is proposed or is taking place;or
b. A leasee if the leasee undertakes development of the property under the terms of the lease.
7. Division Of Responsibility.In the event the operator of a construction site is more than one legal
entity, the City Engineer may, but is not required to, define those areas or sub areas of a
construction site or those construction activities at a construction site for which each entity shall
be considered responsible and held liable for complying to this Ordinance.
8. Responsibility Of Others.Any contractor or subcontractor on a site of construction activity who
is not an owner or operator,but who is responsible under a contract,subcontract or other legally
binding agreement for implementing a best management practices control measure or performing
necessary activities for closure of a site, is jointly and severally responsible for any willful or
negligent failure on his or her part to adequately implement such control measure and perform
such closure activities, if such failure could cause or contribute to, or be reasonably expected to
cause or contribute to, a significant discharge of pollutants to the MS4 or waters of the United
States.
9. Joint And Several Liability. Any operator of a construction site who has obtained or is required
to obtain a permit or license from or provide notice to the City Engineer for conduct of any type
of construction at a construction site shall,with all other such operators of the same construction
site, be jointly and severally liable for initiating, conducting and completing construction at a
construction site in conformance with the requirements of this Ordinance.
D. Types Of Construction Activities
1. Grading Activities
a. Grading Activities Defined. Grading activities are those activities which result in exposure
of raw soil on a temporary or permanent basis and may include,but are not necessarily limited
to, one or more of the following activities or practices when such activities or practices are
done for the purpose(s)of smoothing,clearing,removing trees and vegetation, configuring
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or shaping the land surface or subsurface; modifying drainage, drainage patterns, drainage
conveyances or drainage facilities; removing,destroying or demolishing existing structures,
surfaces or facilities;preparing the land for construction of roads,highways,curbs,gutters,
drainage devices,vehicle parking,buildings,structures,walls,roofs,floors,pads,foundations,
tanks, basements, pipes or utilities; or providing support to any and all activities on a
construction site described in this paragraph and its subparagraphs:
i. Clearing, including but not limited to removal, cutback, thinning, cutting, chopping,
hogging,ripping,scarifying,digging,burying,bunting,destroying or other action which
has the effect of removing or lessening the amount,number,thickness,density or extent
of trees,grass, shrubs,plants or other vegetation in either a growing or dormant state;
ii. Knowing application of chemicals to or beneath the land, or on the surfaces of
vegetation, which has effect of harming, stunting the growth, killing or otherwise
removing or lessening the amount,number,thickness,density or extent of trees,grass,
shrubs, plants or other vegetation in a growing or dormant state, for the purpose of
clearing vegetation,unless such application is for the sole purpose of control of weeds or
similar undesirable plants or vines,or is done under City,state or federal permit or license
for the purpose of controlling weeds or undesirable plants or vines,killing pests,rodents,
bugs or insects,or eradicating disease,fungus,mildew or other biological threats to the
viability of plants or other vegetation;
iii. Grading, including but not limited to moving, leveling, digging, dredging, excavating,
filling, backfilling, shifting, carrying, overturning, scraping, plowing, smoothing,
compressing, shaping,piling or otherwise disturbing soil, rock, boulders,gravel, sand,
clay,sift, peat,organic soil,dead vegetation,any natural aggregate of mineral grains that
can be either separated by mechanical agitation or are bound together by cohesive forces,
or any combination of such materials;
iv. Demolition of pavement, conveyances, and other appurtenances, including but not
limited to tearing down,tearing apart,ripping apart,knocking down, pulling up,razing,
or other similar complete or partial destruction of pavement, base material, sub-base
material, filter fabric, filter blankets, sidewalks, walkways, streets, roads, highways,
bikeways, curbs, gutters, concrete or asphalt lining or paving of channels or canals,
vehicle parking lots or parking area surfaces,man-hardened surfaces,concrete or asphalt
mechanical equipment or building pads or other man-made surfaces;
v. Demolition ofstructures and facilities,including but not limited to tearing down,tearing
apart,ripping apart,knocking down,pulling up,digging up,or other similar complete or
partial destruction of buildings, basements, sheds, barns, outhouses, walls, roofs,
underground or aboveground tanks, utility service structures, towers, pipes, sewers,
culverts,sumps,wet wells,bridges,trestles,overpasses,truck docks,ramps,underpasses,-
boat docks,wharves or any other man-made structure; and
vi. Disposal,including but not limited to removing,collecting,dispersing,spreading,piling,
Wig, Wig, pig, carrym& hauhng, moping or otherwise moving of waste,
residual materials, spoil, recyclable materials or byproducts from clearing, grading or
demolition, including but not limited to concrete, cement, brick, asphalt, rock, stone,
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wood, metal,glass,paper or paper products, cardboard, tar paper, trash, dead or dying
vegetation or debris resulting from clearing,grading or demolition.
b. City Engineer Can Define Grading.The City Engineer may define,for the purposes of this
Ordinance,any activity or practice that is similar to,in support of,or associated with grading
as a grading activity.
2. Closure Activities and Final Stabilization
a. Closure Activities. Activities at a construction site done for the purpose of closure of a
construction site in conformance with the requirements of this Ordinance are closure activities,
irrespective of whether such activities are construction activities.
b. Completion of Closure Activities. Construction activities at a site, for the purposes of this
Ordinance,shall not be complete at a construction site until proper closure of the site has been
accomplished. Until such time proper closure has been achieved, the operator of the
construction site is subject to all applicable requirements for conduct and completion of
construction activities at the construction site. Any operator of a construction site shall
complete all construction activities at a construction site in compliance with the requirements
of this Ordinance for proper closure.
c. Proper Closure.Proper closure includes but is not limited to the following:
i. Final stabilization of the site;
ii. Removal of all construction surplus and residual materials,supplies,building materials,
packaging,drums, cans and containers;
iii. Removal of all surplus and residual soaps,cleaners,pastes,mastics, solvents,materials
for soil amendment or preparation and similar construction materials;
iv. Removal of all excess, surplus and unused construction vehicle maintenance fluids,
including lubricants, fuels,brake fluids and coolants;
v. Removal of all wastes,trash and debris;
vi. Removal of any waste bins, enclosures, dr uns or similar containers which are not
intended to serve as permanent waste storage containers at the site;
vii. Removal of all temporary storm water pollution control devices,structures and materials;
viii. If not identified for removal in City approved plans or specifications for the site,and to
the extent a construction operator or the construction operator's activities are responsible
for the damage or loss of function or capacity of storm water conveyances and
appurtenances:
1). Repair or replacement of damaged storm water conveyances and appurtenances;
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2). Repair or replacement of damaged drainage works and facilities; and
3). Restoration of proper function and capacity of storm water conveyances.
d. Inactive Construction Site: A construction site for which active and ongoing on site
construction activities have ceased for a period of fourteen(14)or more continuous calendar
days and for which necessary and proper closure actions as required by this Ordinance have
not been conducted,shall be considered in violation of this Ordinance,unless the construction
site operator has submitted a NOTG for the site, or it is demonstrated to the satisfaction of
the City Engineer that:
i. Such lack of active and ongoing on-site construction activity is a result of only temporary
suspension of construction activities;and
ii. Site conditions are and will be maintained in a condition satisfactory to prevent the
discharge of pollutants to the MS4 or waters of the United States to the maximum extent
possible during the period of temporary suspension of construction activities or until a
NOTG is submitted and approved.
E. General Requirements For Construction Activities
1. Conduct of Construction
a. Any and all construction at a construction site shall be conducted in a manner so as to reduce
to the maximum extent practicable the discharge of sediments and other pollutants from the
construction site. No construction shall take place in a manner that the City Engineer
determines to cause or have the potential to cause a significant discharge of sediments or other
pollutants to the MS4 or waters of the United States.
b. An operator of a construction site shall maintain on-site and make available for inspection by
the City Engineer any notice,permit or license for construction and any pollution control plan
that may be required by this Ordinance or other state or federal regulation.
c. Application for a Grading Permit shall be submitted to the City Engineer at least two (2)
working days prior to beginning construction activities of any type, including clearing and
leveling activities,for any construction site for which grading activities at the site will disturb
in total four-hundred-fifty(450)or more square feet of land surface area.
d. A Grading Permit issued by the City Engineer prior to start of construction activities of any
type shall be obtained for any construction site for which grading at the site will disturb in
total four-hundred-fifty(450)or more square feet of land surface area.
e. A Grading Plan shall be submitted to the City Engineer and approved by the City Engineer
prior to commencement of any grading at a construction site for which a Grading Permit is
required.
f. A Notice of Termination of Grading(NOTG) shall be submitted to the City Engineer prior
to final completion of construction activities for any construction site for which a Grading
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Permit was required.
2. 90-Day Record Retention. All notices of construction;all permits,licenses and authorizations for
construction; all pollution prevention plans;all records of inspection(s)done by an operator for
the purpose of pollution prevention;all notices of completion or termination of construction;and
all amendments to such notices,permits,licenses,plans and records that may be required by this
Ordinance or other state or federal permit for discharges of storm waters from the construction
site shall be retained by the construction operator on site during the course of construction
activities and at the operator's place of business after completion of construction activities a
minimum of ninety(90) calendar days after termination of the construction activities or, if an
NOTG is required for the site,after final acceptance by the City Engineer of the NOTG for the
site.
3. Requirements For Any Size of Construction Site. The City Engineer may require that a
construction site of any size conform to any and all conditions of this Ordinance for construction
activities if the City Engineer determines that such requirements are necessary to prevent a
significant discharge of pollutants to the City's MS4 or waters of the United States or are
necessary because of imminent harm or endangerment to the public or the environment.
F. Grading Permit And Grading Permit Application
1. General Provisions
a. A grading permit,when required,shall be obtained prior to the start of any grading activity
at a construction site by application to the City Engineer by the operator of the construction
site at which grading occurs or is proposed,such application providing such information the
City Engineer may require.
b. A Grading Permit authorizes a construction operator to conduct grading activities. Obtaining
a grading permit does not relieve an operator of complying to any and all applicable
requirements of this Ordinance exclusive of those dealing with grading.
c. Application for a Grading Permit shall require the submission of a Grading Plan to the City
Engineer for review, such plan providing information the City Engineer shall deem as
adequate and necessary to judge the sufficiency of the plan,when implemented,to reduce to
the maximum extent practicable the discharge of pollutants from the grading site.
d. A Grading Plan shall be submitted in form and time satisfactory to the City Engineer;but in
no case after the issuance of a Grading Permit.
e. If for any reason the Grading Permit is suspended, revoked, terminated or voided, grading
shall immediately cease.
2. Grading Permit
a. A Grading Permit shall not be issued to an applicant for the Grading Permit if the operator
of the construction site is in violation of any provision of this Ordinance.
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b. The Grading Permit must be obtained from the City Engineer at least two(2)working days
prior to commencement of grading. Only that grading which is described in the Grading
Permit can be undertaken.
c. The Grading Permit shall be posted at the grading site.
d. No grading can take place prior to the date of commencement of grading specified in the
Grading Permit.
e. No grading can take place after the termination of the period of grading authorized by the
Grading Permit.
£ Grading must be started no later than thirty (30) calendar days after the date of
commencement of grading specified in the Grading Permit. If grading is not started within
said thirty(30)calendar days,the Grading Permit shall become void.
g. Application for a change in the date of commencement of grading specified in a Grading
Permit must be made at least two(2)working days prior to the date of the proposed change.
h. Application for an extension in the date of termination of grading specified in a Grading
Permit must be made at least two(2)working days prior to the date of the originally specified
termination date or latest previously approved date of extension.
3. Elements of Grading Permit. The Grading Permit application shall include but be not limited to
the following:
a. Address or other description of location of the grading site;
b. Name and address of the construction site operator, either property owner or lessee,and name
and address of general construction contractor, if different from property owner or leasee.
c. Name, address and business telephone number of the construction site operator's on-site
representative;
d. Earliest date of commencement of grading activity;
c. Proposed dates of termination of grading activity,completion of final stabilization actin:ti°.s
and closure of the site;
f. Practices to be employed for site stabilization during the course of the construction.
g. A site plan identifying land areas to be graded and types of grading proposed, with
identification of those areas which will, after completion of all construction activity, be
pervious and impervious.
h. Description of means by which the site is to be stabilized during suspension of grading
activities for periods of fourteen(14)or more days and permanently stabilized by the time of
completion of construction activities;
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i
Y
i. Any other information the City Engineer may deem necessary,whether or not required of any
other operator making application for a grading permit;and
j. Certification by the applicant for the Grading Permit that the information provided on the
Grading Permit application is true and accurate.
4. Amendment To Grading Permit
a. Application for amendment to a grading permit can be made at any time two (2) or less
working days prior to the time identified in the Grading Permit for completion of grading
activities,provided the person making application is not in violation of this Ordinance.
b. An application for amendment shall be provided in form and format as may be acceptable to
the City Engineer.
c. If the application for amendment to a Grading Permit requires a change in the Grading Plan
in order for the Grading Plan to remain true and accurate should grading be undertaken in
conformance with the amendment, an appropriately modified Grading Plan shall also be
provided at the time of application for amendment to the City Engineer.
5. Late Filing of Amendment To A Grading Permit
a Late Filing Defined.If application for amendment to a Grading Permit is made less than two
(2) working days prior to the time for which the activities or conditions described by the
amendment are to occur, exist or come about, and such activities or conditions are not
authorized by the Grading Permit prior to application for amendment,the application shall be
deemed to be a Late Filing of Grading Permit Amendment.
b. Late Filing Requirements. A Late Filing of Grading Permit Amendment shall meet all the
same conditions and requirements as application submitted more than two(2)working days
prior to the time for which the activities or conditions described by the amendment are to
occur,exist or come about,and include other such information the City Engineer may require.
c. City Engineer Approval.Grading to be undertaken in accord with a Late Filing of a Grading
Permit Amendment shall not be undertaken until such amendment is approved by the City
Engineer.
d No Relief from Other Actions. Approval by the City Engineer of a Late Filing of Grading
Amendment or payment of any fees for such late filing shall not relieve the applicant from any
or all administrative enforcement remedies, judicial enforcement remedies, enforcement
actions or other remedies allowed by this Ordinance.
6. Exemptions.Exemption from requirements for a Grading Permit and Grading Plan shall apply for
the following situations or conditions:
a. Residential Maintenance. The grading activity is undertaken at a single or multiple family
residential property site for the sole purpose of maintenance of the residential property site;
29
i
b. Emergency Action.The City Engineer determines the grading is necessary on an emergency
basis because of imminent harm or endangerment to the public or environment,in which case
the grading may be continued only so long as such imminent harm or endangerment or threat
of harm or endangerment exists;
c. Waiver. The City Engineer may provide a waiver to the requirement for a grading permit upon
the request of the operator seeking such waiver. The waiver is to be provided only if the
grading for which waiver is sought is demonstrated to the satisfaction of the City Engineer to
meet all of the following conditions:
i. The required demonstration is provided in a form satisfactory to the City Engineer;
ii. Will not contribute to a violation of this Ordinance or any permit or license the City may
hold to discharge storm water,
iii. The grading activity is of such size, extent, magnitude or location as to neither allow,
cause or have potential to cause a significant discharge of sediments or other pollutants
to the MS4 or waters of the United States;
iv. There is a compelling public interest for issuance of a waiver,
v. It is in the general interest of the health and safety of people in the City or protection of
the environment that such waiver be provided,such interest not to be based upon cost or
economic considerations as they may apply to or affect the operator seeking waiver of
permit;and
vi. Other such conditions the City Engineer may deem necessary to ensure that significant
discharge of sediments and other pollutants does not occur.
G. Notice of Termination of Grading (NOTG)
1. General Provisions
a. A Notice of Termination of Grading (NOTG) shall be submitted by the operator at the
completion of construction for any site for which a Grading rermit 1:5 required ot issu cd.
b. No grading activities can take place at a grading site identified in a Grading Permit after a
NOTG is submitted to the City Engineer for the grading site, unless the Grading Permit is
amended or application for another Grading Permit is made.
c. The information contained in the NOTG shall be in form as the City Engineer may specify.
2. Contents Of NOTG. When a NOTG is submitted for notice of termination of grading at a
construction site,the following shall be submitted with the NOTG:
a. A description of the means, methods and extent of final stabilization of the grading site,
30
including a summary of any actions, procedures or practices that the construction operator
proposes to perform or be performed by agreement with others after issuance of the NOTG;
any other information the City Engineer may deem necessary,whether or not required of all
construction operators;and
b. Certification by the operator of the grading site that the site has been stabilized or that
arrangement for stabilization has been accomplished in conformity with a grading plan
approved by the City Engineer.
3. Application Deadline.An NOTG must be submitted by the operator of a grading site no later than
fourteen(14)calendar days after the date for termination of grading given in the Grading Permit.
4. No Early Submittal OfNOTG.A NOTG shall not be submitted for a site with grading until such
time that grading activities have been completed and final stabilization in accord with the Grading
Plan has been achieved.
5. Amendment to NOTG
a No-Penalty Filing ofAmendment.Amendment to a NOTG can be made without penalty by
filing application of an amended NOTG at least two (2)working days prior to the date of
termination of grading activity specified in the NOTG.
b. Penalty For Late Filing ofAmendment. If amendment to a NOTG is filed less than two(2)
working days prior to the date of termination of grading activity specified in the NOTG,such
amendment may be rejected or require reasonable additional fee as may be established by the
City Engineer.
H. Acceptance,Conditional Acceptance Or Rejection Of A NOTG
1. Types Of Acceptance Of NOTG. Upon submission of a NOTG,the City Engineer may issue an
acceptance,conditional acceptance or rejection of the NOTG. The City Engineer will confirm all
acceptances, conditional acceptances or rejections in writing.
2. Acceptance By Default. If no action is taken by the City Engineer within fourteen(14)calendar
days of submission for the NOTG for a construction site,the City Engineer shall be presumed to
have accepted the NOTG, except in the event that such submission was not done in accordance
with this Ordinanc;,,Like infoaliation conic aed ui die`'O i wa;Use or incomplete or the person
submitting the NOTG was in violation of this Ordinance.
3. Review. The City Engineer can make such review of plans,specifications,pollution control plans,
grading plans, site related documents, city records, construction records and site inspections the
City Engineer may deem necessary or desirable in determining whether to issue an acceptance,
conditional acceptance or rejection of a submitted NOTG.
4. RehefProvided By Acceptance. Acceptance by the City Engineer of a NOTG for a grading site
relieves the operator of any further site stabilization requirements for purposes of this Ordinance,
unless a conditional acceptance is issued,in which case the operator is relieved of any further site
stabilization only at such time that the City Engineer shall determine that the conditions of the
31
conditional NOTG have been fully met and completely satisfied.
a. Acceptance OfNOTG. The City Engineer shall issue an Acceptance of an NOTG by written
communication or default (without written communication) when the City Engineer is
satisfied that:
i. Conditions for closure have been met;
ii. The site has been adequately stabilized or adequate provision for final stabilization of the
site has been accomplished;
iii. The person submitting the NOTG is not in violation of this Ordinance;
iv. The submission of the NOTG has been made in a timely fashion to the City Engineer;and
v. All other conditions that the City Engineer may specify have been met.
b. Conditional Acceptance.The City Engineer may issue a conditional acceptance ofthe NOTG
if the City Engineer determines there is reasonable expectation that the applicant will meet the
conditions specified for conditional acceptance and,by doing so,will meet all conditions for
acceptance of the NOTG.
i. Requirements For Conditional Acceptance. The City Engineer may require bond,
contract,warranty or other assurance of the operator or other parties that the conditions
of the conditional acceptance will be satisfied in a manner acceptable to the City Engineer.
Conditions for which the City Engineer may issue a conditional acceptance include but
are not limited to the following:
1). Final stabilization of the construction site is not complete, but is progressing
satisfactorily and can be reasonably expected to reach a satisfactory level of complete
stabilization without further action on the part of the operator;
2). Adequate provision has been made by the operator to ensure that satisfactory
stabilization will be accomplished by others;
3). Deficiencies in meeting closure requirements will be remedied by others; or
4). Site conditions are such as to not warrant further stabilization activities at the current
time but would warrant further stabilization in the future if site conditions were to
change.
ii Final Acceptance Of Conditional Acceptance. When the conditions for a conditional
acceptance of a NOTG have been met to the satisfaction of the City Engineer,the City
Engineer shall issue a final acceptance of the NOTG. The operator receiving the
conditional acceptance shall make application to the City Engineer in a manner specified
by the City Engineer to receive the final acceptance of the NOTG. Means by which the
operator can demonstrate satisfaction of the terms of the conditional acceptance include
but are not limited to the following:
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I). All mandatory deadlines for inspection by the City Engineer of the areas of the
construction site for which the conditions established in the conditional acceptance
have passed;
2). The operator submits a certification to the City Engineer that the conditions of the
conditional acceptance have been met, the operator requests in writing to the City
Engineer that such certification be accepted and the City notifies the operator that the
request for such acceptance of such certification is accepted;or
3). The operator submits a certification to the City Engineer that the conditions of the
conditional acceptance have been met, the operator requests in writing to the City
Engineer that such certification be accepted and the City does not notify the operator
within thirty(30)calendar days of receipt of such written request that the request for
such acceptance of such certification is accepted or denied.
iii. Responsibility For Compliance To Conditional Acceptance.When a conditional NOTG
is issued for a site,the operator to whom the conditional acceptance is issued shall be
responsible for meeting the conditions of the conditional acceptance.The operator of the
site can be required to undertake further measures to remedy a significant release of
sediments or other pollutants, even if not specified as a condition of the conditional
acceptance, in the event that conditions occur during the period when the conditional
acceptance is in effect that allow significant discharge of sediments or other pollutants to
the MS4 or waters of the United States and such significant discharges are the result of
action or inaction of the operator.
c. Rejection Of NOTG. The City Engineer may reject an application for issuance of a NOTG
if in City Engineer determines conditions for issuance of acceptance of the NOTG are not
satisfied.
i. Any rejection of a NOTG shall include notice to the operator receiving the rejection,with
the reason for the rejection.
d. Revocation ofNOTG. The City Engineer shall have the right to revoke a NOTG within three
years of issuance if-
t. *Xccptarcc is fou..:to ha--;c based --n f<'.se nr misleading information submitted
by the operator; or,
ii. Conditions specified in the conditional acceptance were not met.
I. Pollution Control Activities
1. General Provisions
a. Grading shall be in conformance with the Grading Plan when such Grading Plan is required.
b. Temporary or interim site stabilization during the course of construction shall be utilized to
33
the maximum extent practicable to limit the discharge of sediment during the construction
activities.
2. Construction Storm Water Pollution Prevention Plan(SWP3)
a. For a construction site that is five(5)or more acres and that is required by state or federal
regulation to have an SWP3,the SWP3 shall be prepared in accordance with applicable
state and federal regulation.
b. For a construction site that is one (1)or more acres but less than five(5)acres and that is
required by state or federal regulation to have an SWP3, the SWP3 shall be prepared in
accordance with applicable state and federal regulation.
c. Any storm water pollution prevention plan required by federal or state regulation
shall be retained on site during the course of construction and made available to
inspection by the City upon request. Failure to produce such required storm
water pollution prevention plan shall be grounds for issuance of a SWO.
d. The City Engineer may request and receive in a timely fashion at the time of
or after application for a Grading Permit a copy of any storm water
pollution prevention plan required by federal or state regulation for discharge
of storm waters from a construction site. Failure to provide such requested
pollution control plan with a timeframe specified by the City Engineer shall
be grounds for issuance of a SWO.
e. The City Engineer may require additional information,plans or specifications be provided in
an SWP3 for a construction site if the City Engineer determines such additional information,
plans or specifications are necessary to prevent the discharge of pollutants to the MS4 or
waters of the United States.
3. Grading Plan
a. Grading Plan Requirements.A grading plan shall include a description of measures the City
Engineer deems necessary to prevent the discharge of sediments and other pollutants to the
MS4 or waters of the United States to the maximum extent practicable, including but not
limited to, measures to:
i. Ensure that existing vegetation is preserved where feasible and that disturbed portions of
the grading site are stabilized as soon as practicable, but in no case later than fourteen
(14)calendar days,in portions of the site where construction activities have temporarily
or permanently ceased;
ii. Divert flows from exposed soils,or otherwise limit runoff and the discharge of sediments
and other pollutants from the site to the maximum extent practicable;
iii. Minimize,to the maximum extent practicable,the tracking of mud,soil,silt or sediments
off site by vehicles,the generation of dust,and the escape of other windblown waste from
the site;
34
iv. Prevent the discharge of building materials,including cement,lime,concrete and mortar,
to the MS4 or waters of the United States;
v. Provide for timely maintenance of vegetation, erosion and sediment control measures,
runoff control devices, and other best management practices to ensure they are kept in
good and effective operating condition;
vi. To prevent the discharge or other release of surplus or unused concrete or concrete truck
wash waters to storm water runoff or conveyances; and
vii. To stockpile loose materials so as to prevent or limit discharge of such stockpiled material
to off-site areas and storm water conveyances.
b. Grading Plan Elements.Any Grading Plan provided to the City Engineer shall be provided
in format and content acceptable to the City Engineer and shall include description of elements
appropriate to the size and potential impact of the grading on the environment,including but
not limited to description of the site,areas to be disturbed,site stabilization during grading,
best management practices to be used to limit sediment runoff,and final stabilization.
c. Revisions To Grading Plan
i. The Grading Plan shall accurately reflect site conditions and the grading activities
proposed to be undertaken thereon. Revision necessary to maintain an accurate and up-
to-date Grading Plan shall be made in a timely fashion but in no case later than two(2)
working days after the occurrence or existence of conditions or activities necessitating
such revision.
ii. If the conditions or activities described by a Grading Plan revision could be reasonably
expected to result in a increase in the actual or potential discharge of pollutants from the
site,such revision must be approved by the City Engineer prior to implementation of the
proposed revision at least two(2)working days prior to the implementation of activities
described by the revision.
iii. The City Engineer shall have the right to reject any revision to a Grading Plan, even if
such revision has already been implemented by the operator, if the City Engineer
determines that such revision does nut accurately reflect conditions or activities insofa
as they pertain to grading activities,or the City Engineer determines that the revision will
not prevent or is not likely to prevent the discharge of pollutants to the MS4 or waters of
the United States to the maximum extent practicable.
iv. The submission of a revision to a Grading Plan shall be in a form acceptable to the City
Engineer.
v. The City Engineer shall have two(2)working days to approve or reject a revision to a
Grading Plan after submittal of a proposed revision in acceptable form to the City
Engineer. If the City Engineer does not issue approval or rejection of the revision within
two(2)working days,the revision shall be assumed to be approved.
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4. Site Stabilization
a Site Stabilization. Interim or temporary site stabilization and other best management
practices shall be employed during the course of construction to stabilize the site to the
maximum extent practicable.Interim ortemporary stabilization measures maybe used as part
of final stabilization measures
b. Final Stabilization. A construction site with grading shall be permanently and completely
stabilized as part of the closure of the construction site. A site shall be considered completely
stabilized when all land surfaces,including areas of runoff,drainage and drainage pathways
on the site has been made impermeable or resistant to erosion,such resistance to erosion being
accomplished by use of vegetation,modification or control of topography, use of manmade
materials, runoff control, drainage management, or similar means acceptable to the City
Engineer.
J. Exemptions To Requirements For Construction
1. Exemptions Categories. Neither a Grading Permit,a Grading Plan,or a NOTG shall be required
for any of the following activities, unless the City Engineer determines a Grading Permit, a
Grading Plan or a NOTG is necessary to prevent the significant discharge of pollutants to the MS4
or to waters of the State or the United States,irrespective of whether one or more of the following
activities occur:
a. Grading activities do not result in a total area of disturbance exceeding 450 square feet of
surface areas at the construction site;
b. Grading activities undertaken solely for maintaining or repairing existing storm water
conveyances or appurtenances,flow control devices or drainage structures or facilities;
c. Grading activities undertaken solely for prevention or control of erosion along or deterioration
of an existing storm water conveyance or appurtenance; removal of sediments,trash,debris
or floatables from an existing storm water conveyance or appurtenance; or remediation of
similar conditions detrimental to the functioning of an existing storm water conveyance or
appurtenance;
d. Grading activities undertaken solely for maintenance or-repair of an existing street, road or
highway or associated existing traffic control appurtenances (such as turnouts or medians),
such existing street, road or highway or appurtenances not to include new or widened lanes,
new traffic control appurtenances,existing or new retaining walls or existing or new bridges;
e. Grading activities undertaken for the sole purpose of repair of an existing street, road or
highway or associated appurtenances,culvert or bridge or bridge components when repair is
necessary as a consequence of damage from an accident,vandalism,or similar unforeseeable
cause;
f. Grading activities undertaken for the sole purpose of maintenance or repair of existing street,
road,highway,canal, ditch or other storm water conveyance system;
36
g. Cutting, mowing, clipping,trimming or cutback of trees, shrubs, grass, flowers, plants or
other vegetation for ornamental, esthetic or decorative purposes, for the purpose of
maintaining or improving the health or viability of the vegetation; for the purpose of safety
or health of people or for the purpose of complying to other City ordinances;
h. Grading solely associated with or done solely in conjunction with maintenance, control or
preservation of residential vegetation;
i. Cutting, mowing, clipping, trimming or cutback of trees, shrubs, grass, flowers, plants or
other vegetation on public property;right-of-way for streets,along roads and highways;and
in or adjacent to ditches,channels,ponds, lakes,canals or other storm water conveyances if
done for ornamental,esthetic or decorative purposes;for maintenance of flow capacity,for
protection of the physical integrity of structures, buildings, bridges or conveyances; or for
purposes of safety or health of people;
j. Grading activity undertaken for the purpose of maintenance of in-use residential property or
adjoining grounds and surface waters if done for ornamental,esthetic or decorative purposes;
for the purpose of maintaining or improving the health or viability of the vegetation of such
property or adjoining grounds and surface waters; or for the purpose of safety or health of
people;
k. Grading activity undertaken for the purpose of maintenance of public property and ancillary
facilities if done for ornamental, esthetic or decorative purposes, for the purpose of
maintaining or improving the health or viability of the vegetation on such property or ancillary
facilities;or for the purpose of safety or health of people;and
1. Grading activity undertaken for the purpose of maintenance, modification or operation of
agricultural or livestock property or facilities.
VI. STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL AND COMMERCIAL
ACTIVITY
A. High risk industrial and commercial facilities. High risk industrial, commercial, or combined
industrial and commercial facilities which are or include one or more of the following:
1. Active municipal landfills;
2. Currently operating hazardous waste treatment, disposal, or recovery facilities;
3. Active industrial facilities that are subject to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act of 1986 (SARA)42,USC § 11023;
4. Active or inactive industrial or commercial facilities that the City Engineer determines are
contributing to, have,or have the potential of having a significant discharge of pollutants to the
MS4;and
5. Active or inactive facilities the City Engineer determines as having significant potential for the
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discharge of toxic,hazardous or extremely hazardous pollutants.
B. Compliance Requirements For Operators of High Risk Facilities.
1. High Risk Industrial Facilities Requiring State or Federal Discharge Permit.The following are
required for high risk facilities required by state or federal regulation to have permit for discharge
of storm waters from industrial activity:
a. Any operator who obtains coverage for any storm water discharge under a state or federal
industrial storm water permit shall submit to the City Engineer a signed copy of any NOI or
similar notification that may be required by such permit at least two(2)working days prior
to the commencement of the industrial activity at the facility. If the industrial activity is
already underway upon the effective date of this Ordinance, the NOI or similar notice
previously submitted to a state or federal agency shall be submitted to the City Engineer
within thirty(30)calendar days of the effective date of this Ordinance.
b. When a facility operator changes,the new operator of the facility shall submit to the City
Engineer a copy of the NOI if an NOI is required by state or federal regulation. Such copy
shall be provided no later than fourteen(14)calendar days after such change.
c. The City Engineer may by written notice require any operator who is required by state or
federal permit to prepare a SWP3 to submit that SWP3 to the City Engineer for review. Such
review may include a site inspection by the City Engineer. Such submittal and review of the
SWP3 may be required by the City Engineer both prior to commencement of or during
industrial or commercial activity at the facility.
d. Upon the City Engineer's review of a facility's SWP3,the City may deny approval necessary
to commence or continue operation of the facility if the City Engineer determines a discharge
from the facility may occur that would be in violation of this Ordinance or causes or has the
potential to cause a significant discharge of pollutants to the MS4 or waters of the United
States.
e. The operator of a facility required by state or federal regulation to have a SWP3 shall make
a copy of such SWP3 and any modification thereto immediately available to the City Engineer
upon request.
f. When all facility stonn waver discharges associate(:with inauwiai acnivay uiat are permitted
or required to be permitted under state or federal regulation are eliminated, or where the
operator of such permitted storm water discharges associated with industrial activity at a
facility changes,the operator of the facility shall submit to the City Engineer a copy of any
Notice of Termination(NOT)that may be required by state or federal regulation.
2. High Risk Industrial Facilities Requiring Monitoring
a. Provide Copy Of Sampling Results. If the industrial facility is required by state or federal
discharge permit to conduct monitoring that requires storm water sampling and analytical
analysis of samples collected,a copy of each discharge monitoring report(DMR)required by
state or federal discharge permits shall be also submitted to the City Engineer, if the City
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Engineer has notified the operator in writing to provide such reports, within ninety (90)
calendar days of such sampling events or within thirty(30)calendar days of submittal of such
monitoring report to a federal or state agency,whichever comes later.
C. Compliance Monitoring
1. Storm Water Sampling Requirements
a. The City Engineer shall have the right to require a commercial or industrial facility to
conduct storm water sampling for parameters specified by the City Engineer in accord with
protocols and at frequencies the City Engineer may prescribe.
b. The City Engineer may require the discharger to install discharge monitoring equipment as
necessary at the discharger's expense for the purpose of storm water sampling. Such
equipment shall be maintained at all times in a safe and proper operating condition by the
discharger at the discharger's expense. All devices used to measure storm water flow or
quality shall be calibrated to ensure their accuracy.
c. The City Engineer may use sampling results previously collected by the facility for purposes
of compliance to state or federal permit in lieu of collection of new sampling data if the City
Engineer determines such data will be sufficient for compliance evaluation.
d. When storm water sampling is required of an industrial or commercial facility by the City
Engineer,the written report of such sampling and sampling results shall be submitted to the
City Engineer in form and manner specified by the City Engineer.
2. Right Of Entry For Inspection And Sampling Purposes
a. The City Engineer shall have the right to enter any industrial or commercial facility
discharging or suspected of discharging storm water to MS4 or to waters of the United States
that is not in compliance with this Ordinance to determine whether or not the discharger is
complying with all requirements of this Ordinance. Such facilities shall allow the City
Engineer ready access to all parts of the premises for the purposes of inspection,sampling,
records examination and copying and for the performance of any additional duties.
Dischargers shall make available to the City Engineer, upon request, any SWP3s,
modifications thereto, self-inspection reports, monitoring records, compliance evaluations,
NOIs and any other rccu.%.,., rcporw aad other documents related to compliance with this
Ordinance or with any state or federal active discharge permit issued to the facility.
b. Where a discharger has security measures in force which require proper identification and
clearance before entry into its premises,the discharger shall make necessary arrangements
so that,upon presentation of suitable identification,the City Engineer or the City Engineer's
representative will be permitted to enter without unreasonable delay for the purposes of
performing his or her responsibilities.
c. The City Engineer shall have the right to set up monitoring devices on the property of an
industrial or commercial discharger,or require installation of such devices as are necessary
to conduct sampling,metering or other measurement of the facility discharges.
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d. Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected or sampled shall be promptly removed by the discharger at the written request of
the City Engineer and shall not be replaced. The costs of clearing such access shall be borne
by the discharger.
e. Unreasonable delays in allowing the City Engineer access to the dischargees premises shall
be a violation of this Ordinance.
D. No Exposure Certification.
1. In lieu of monitoring or copy of SWP3 requested by the City Engineer of an industrial or
commercial facility,the facility operator may submit and the City Engineer may accept a "No
Exposure Certification."
2. A"No Exposure Certification'may be verified by inspection at any time by the City Engineer.
The City Engineer shall have the authority to determine conditions of exposure and no exposure
in all cases. If the City Engineer determines that a previously submitted and currently operative
"No Exposure Certification"is invalid,the person providing such certification shall be in violation
of this Ordinance.
3. A"No Exposure Certification'submitted for consideration by the City Engineer shall be provided
in form prescribed by the City Engineer. If a"No Exposure Certification'is rejected by the City
Engineer, the facility operator shall comply to this Ordinance in the same manner as if no such
certification had been submitted.
4. If facility conditions change so as to cause a"No Exposure Certification'to become invalid,the
facility operator shall notify the City Engineer in writing within fourteen (14) business days.
Notice shall be in form and format specified by the City Engineer. Failure to make such notice
shall be a violation of this ordinance.
E. Search Warrants
I. If the City Engineer has been refused access to any part of the premises from which storm water
is discharged, and the City Engineer has probable cause to suspect that there may be a violation
of this Ordinance,or that there is a need to inspect or sample a discharge as part of an inspection
and sampling program of we City designed to crify winpliani z with this Ordinance or any order
issued hereunder, or to protect the public health, safety and welfare of the community, then the
City Engineer may seek issuance of a search warrant from a court of competent jurisdiction.
VII. CITIZEN REPORTS OF VIOLATIONS
A. Report By Any Person. Any person shall have the right to report to the City Engineer or an office
designated by the City Engineer,any spill, release, illicit connection or other instance of anyone(as
may be identified by name, title, employing company, legal identity, commonplace name, or other
description)discharging pollutants into the MS4 or waters of the United States,and any other violation
of this Ordinance of which the person becomes aware.
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B. Action Upon Report. The City Engineer or a designated City office shall receive all such reports by
telephone,electronic mail transmission,in writing or in person. A written or electronic record of each
such report will be maintained and kept on file for a period of at least five(5)years by the City, and
a copy of the City's record of the report will be furnished to the reporting person upon request at no
charge. Also upon request,the City Engineer will inform the person making such report of any action
undertaken by the City in response to such report.
VIII. ADMINISTRATIVE ENFORCEMENT REMEDIES
A. Warning Notice
1. When the City Engineer finds that any person has violated,or continues to violate,any provision
of this Ordinance, or any order issued hereunder,the City Engineer may serve upon that person
a written Warning Notice specifying the particular violation determined to have occurred and
requesting the violator to immediately investigate the violation and initiate preventive or corrective
actions to stop the conditions causing,contributing to or resulting in the violation.
2. Investigation or resolution of the matter in response to the Warning Notice in no way relieves the
alleged violator of liability for any violations occurring before or after receipt of the Warning
Notice.
3. Nothing in this subsection shall limit the authority of the City Engineer to take any action,
including emergency action or any other enforcement action,prior to issuing a Warning Notice.
B. Notification of Violation(NOV)
1. When the City Engineer finds that any person has violated,or continues to violate,any provision
of this Ordinance, or any order issued hereunder,the City Engineer may serve upon that person
a written NOV. Within ten(10)calendar days of the receipt of such notice,an explanation of the
violation and a plan for the satisfactory correction and prevention of reoccurrence thereof,
including specific required actions,shall be submitted by the alleged violator to the City Engineer.
If the alleged violator denies that any violation occurred or contends that no corrective action is
necessary, an explanation of the basis of any such denial or contention shall be submitted to the
City Engineer within ten(10) calendar days of receipt of the notice.
2. Submission of an explanation or plan in no way relieves the alleged violator of liability for any
violations of this Ordinance or any state or federal regulation occurring before or after receipt of
the NOV.
3. Nothing in this section shall limit the authority of the City Engineer to take any action,including
emergency action or any other enforcement action,without first issuing a NOV.
C. Consent Orders
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1. The City Engineer may enter into Consent Orders, assurances of voluntary compliance,or other
written agreements with any person responsible for noncompliance with any provision in this
Ordinance or any order issued hereunder. Such agreements may include specific action to betaken
by the person to correct the noncompliance within a time period specified by the agreement. Such
agreements shall have the same force and effect as administrative orders issued pursuant to this
Ordinance and shall be judicially enforceable.
D. Show Cause Hearing
1. The City Engineer may order any person who has violated,or continues to violate,any provision
of this Ordinance, or any order issued hereunder,to appear before the City Engineer and show
cause why a proposed enforcement action should not be taken. Notice shall be served on the
alleged violator specifying the time and place for the hearing,the proposed enforcement action,
the reasons for such action and a request that the alleged violator show cause why the proposed
enforcement action should not be taken. The notice of the hearing shall be served personally or
by registered or certified mail(return receipt requested)at least ten(10)calendar days prior to the
hearing. Such notice may be served on any representative of the alleged violator. The hearing
shall be conducted pursuant to the rights and procedures specified in this Ordinance.
2. A show cause hearing shall not be a bar against, nor prerequisite for, taking any other action
against the alleged violator.
E. Compliance Order
1. When the City Engineer finds that any person has violated,or continues to violate,any provision
of this Ordinance,or any order issued hereunder,the City Engineer may issue a Compliance Order
to the violator directing that the violator come into compliance with this Ordinance within a
specified time limit. Compliance Orders also may contain other requirements to address the
noncompliance, including self-monitoring and implementation of best management practices
designed to minimize the amount of pollutants discharged to the MS4 and waters of the United
States.
2. A Compliance Order may not extend the deadline for compliance established by a state or federal
standard or requirement.
3. A Compliance Order does not relieve a person of liability for any violation, including any
continuing violation.
4. Issuance of a Compliance Order shall not be a bar against,or a prerequisite for,taking any other
action against the violator.
F. Remediation,Abatement And Restoration Orders
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1. When the City Engineer finds that a person has violated,or continues to violate,any provision of
this Ordinance,or any order issued hereunder,and the City Engineer has reasonable evidence to
suspect that such violation has adversely affected the MS4 or the waters of the United States or
has caused a significant discharge of pollutants to the MS4 or waters ofhe United States,the City
Engineer may issue a Remediation,Abatement and Restoration Order to the violator directing said
violator to undertake and implement any appropriate action the City Engineer may designate to
remediate or abate any adverse effects of the violation upon the MS4,and to restore any part of
the MS4 within the City that has been harmed, provided such ordered actions are limited to
actions lying within City boundaries. Such remediation,abatement and restoration actions may
include but shall not be limited to:
a. Monitoring, assessment and evaluation of the adverse effects and determination of the
appropriate remedial,abatement or restoration actions;
b. Confinement,removal,cleanup,treatment and disposal of any discharged or released pollution
or contamination;
c. Prevention,minimization or mitigation of any damage to the public health or the environment
that may result from the violation;and
d. Restoration or replacement of City property or natural resources damaged by the violation.
2. The Remediation,Abatement,and Restoration Order may direct that the remediation,abatement
or restoration be accomplished on a specified compliance schedule and be completed within a
specified period of time.
3. The cost for preparation, implementation, construction and maintenance of any remediation,
abatement or restoration as may be ordered by the City Engineer shall be borne by the person to
whom the City Engineer has issued such order.
4. An order issued under this subsection does not relieve the violator of liability for any violation,
including any continuing violation.
5. Issuance of an order under this subsection shall not be a bar against or a prerequisite for taking
any other action against any responsible party.
G. Emergency Cease And Desist Orders
1. When the City Engineer finds that any person has violated,or continues to violate,any provision
of this Ordinance,or any order issued hereunder,or that the person's past violations are likely to
recur,and that the violation(s)has caused or contributed to an actual or threatened discharge to
the MS4 or waters of the United States which reasonably appears to present an imminent or
substantial endangerment to the health or welfare of persons or to the environment, the City
Engineer may issue an Emergency Cease and Desist Order to the violator directing said violator
to immediately cease and desist all such violations and directing the violator to:
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a. Immediately comply with all Ordinance requirements;
b. Terminate any discharges which City Engineer determines to present an imminent or
substantial endangerment to persons or to the environment;and
c. Take such appropriate preventive action as may be needed to properly address a continuing
or threatened violation, including immediately halting operations,terminating the discharge
or both.
2. Any person to which an Emergency Cease and Desist Order has been directed,shall,upon receipt
of such Order,immediately take action to stop or eliminate the endangering discharge.In the event
of said person's failure to immediately comply voluntarily with said order,the City Engineer may
take such action(s)as deemed necessary to prevent or minimize harm to the MS4 or waters of the
United States or endangerment to persons or to the environment. Such actions may include,but
are not limited to, immediate termination of water supply, sewer connection or other City
municipal utility service provided to said person;any facility owned,leased or operated all or in
part by said person;or any site for which said person is all or in part an owner or leasee.
3. The City Engineer shall allow the person to whom an Emergency Cease and Desist Order has been
issued to recommence discharges when the City Engineer determines that the period of
endangerment has passed,unless further termination proceedings are initiated against the person
to whom the order was issued.
4. A person that is responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit a written statement, in a form as may be acceptable to the City
Engineer, describing the causes of the harmful discharge and the measures taken or to be taken
within a timely fashion to prevent any future occurrence,to the City Engineer within fourteen(14)
calendar days of receipt of the emergency order.
5. Issuance of an Emergency Cease and Desist Order shall not be a bar against or a prerequisite for
taking any other action against the violator.
IX. RIGHT TO RECONSIDERATION, HEARING AND APPEAL
A. Reconsideration of and Hearing of Petitions
1. Any person subject to a Stop Work Order (SWO); a Compliance Order; a Remediation,
Abatement and Restoration Order; or an Emergew., Cease aid Desist Ordei may petition in
writing the City Engineer to reconsider the basis for the order within fourteen(14)calendar days
of the affected person's notice of issuance of such an order.
2. Failure to submit a written Petition for Reconsideration within fourteen(14)calendar days of the
affected person's notice of issuance of such an order shall be deemed to be a waiver of any further
right to administrative reconsideration or review of the order.
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3. In its Petition for Reconsideration,the petitioning party must indicate the provisions of the order
objected to,the reasons for the objection(s),any facts that are contested,the evidence that supports
the petitioner's view of the facts,any alternative terms of an order that the petitioner would accept,
and whether the petitioning party requests a hearing on its petition.
4. The effect of any Compliance Order;any Remediation,Abatement and Restoration Order;and any
SWO shall be stayed pending the City Engineer's consideration of the Petition for Reconsideration,
and any hearing thereon,unless the City Engineer expressly makes a written determination to the
contrary. The effectiveness of any Emergency Cease and Desist Order shall not be stayed pending
the City Engineer's reconsideration,or any hearing thereon,unless the City Engineer expressly and
in writing stays the Emergency Cease and Desist Order.
5. Within fourteen(14)calendar days of the submittal of a Petition for Reconsideration,the City
Engineer shall either:(1)grant the petition and withdraw or modify the order accordingly;(2)deny
the petition, without hearing if no material issue of fact is raised; or (3) if a hearing has been
requested and a material issue of fact has been raised, schedule a Show Cause Hearing on the
petition.
6. Written notice of any hearing set by the City Engineer as a resuh of a Petition for Reconsideration
shall be served on the petitioning party personally or by registered or certified mail(return receipt
requested)at least ten(10)calendar days prior to the hearing. Such notice may be served on any
authorized representative of the petitioning party.
7. The City Engineer may conduct the hearing and take evidence,or may designate any employee of
the City or any specially-designated attorney or engineer to:
a. Issue in the name of the City notices of hearing requesting the attendance and testimony of
witnesses and the production of evidence relevant to any matter involved in the hearing;
b. Take and gather evidence;and
c. Transmit a report of the evidence and hearing, including transcripts and other evidence,
together with recommendations to the City Engineer for action thereon.
8. At any hearing held pursuant to a Petition for Reconsideration,testimony taken shall be under oath
and recorded. Any party is entitled to legal representation and may present his or her case or
defense oy orat ut docuineiiLao evidence and may conduct such cross-exaniinaticn as may be
required for a full and true disclosure of the facts. A transcript will be made available to any party
to the hearing upon payment of the usual charges thereof.
9. After the City Engineer has reviewed the evidence, the City Engineer shall either: (1)grant the
petition; (2) deny the petition; or (3) grant the petition in part and deny it in part. The City
Engineer may modify the order giving rise to the Petition for Reconsideration as may be
appropriate based upon the evidence and arguments presented at the hearing and the City
Engineer's action on the petition. Further orders and directives as are necessary and appropriate
may be issued.
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B. Appeal
1. If a discharger or operator is penalized as a result of SWO;a Compliance Order;a Remediation,
Abatement and Restoration Order•, or an Emergency Cease and Desist Order,such discharger or
operator may file a written appeal to the Director of Public Works. The appeal must include
evidence proving that the discharger or operator did not violate this Ordinance.The appeal must
be filed within five(5)working days of the discharger or operator receiving the penalty.
2. Failure to submit an appeal within five(5)working days of the discharger or operator receiving
the penalty shall be deemed to be a waiver of further administrative review.
X. JUDICIAL ENFORCEMENT REMEDIES
A. Civil Remedies
1. The City may invoke Sections of Texas Local Government Code as identified below in this Section
whenever it appears that a person has violated or continues to violate any provision of this
Ordinance that relates to:
a. The preservation of public safety,as it may be affected by the materials and/or methods
used in construction of any structure or improvement of real property;
b. The preservation of public health or the fire safety of a building or other structure or
improvement;
c. The establishment of criteria for land subdivision or construction of buildings,
including street design;
d. Dangerously damaged or deteriorated structures or improvements;
e. Conditions caused by accumulations of refuse, vegetation or other matter that
creates breeding and living places for insects and rodents;or
f. Prohibition of discharges of pollutants into the MS4.
2. The City may invoke Sections 54.011 -54.017 of the Texas Local Government Code and petition
the State district court or the county court ai law of r'e I.isJL County,through the City Attorney,
for either the injunctive relief or the civil penalties specified in this Ordinance, or both the
specified injunctive relief and civil penalties
3. Pursuant to Section 54.016 of the Texas Local Government Code,the City may obtain against the
owner or leasee of a facility a temporary or permanent injunction,as appropriate,that:
a. Prohibits any conduct that violates any provision of this Ordinance that relates
to any matter specified in subparagraphs A.L(a)-(f)above;or
b. Compels the specific performance of any action that is necessary for compliance with any
provision of this Ordinance that relates to any matter specified in subparagraphs A.1.(a)-
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(f)above.
4. Pursuant to Section 54.017 of the Texas Local Government Code,the City may recover a civil
penalty of not more than$1,000 per day for each violation of any provision of this Ordinance that
relates to any matter specified in subparagraph A.1.(a)-(e)above,and a civil penalty of not more
than $5,000 per day for each violation of any provision of this Ordinance that relates to any
matter specified in subparagraph A.L(f)above, if the City proves that:
a. The defendant was actually notified of the provisions of the Ordinance;and
b. After the defendant received notice of the Ordinance provisions,the defendant
committed acts in violation of the Ordinance or failed to take action necessary
for compliance with the Ordinance.
B. Criminal Penalties
1. Any person who has violated any provision of this Ordinance,or any order issued hereunder,shall
be strictly liable for such violation and shall,upon conviction,be subject to a fine of not more
than$2,000 per violation,per day.
2. Any person who has knowingly made any Use statement, representation or certification in any
application, record, report, plan or other documentation filed or required to be maintained
pursuant to this Ordinance,or any order issued hereunder,or who has falsified,tampered with
or knowingly rendered inaccurate any monitoring device or method required under this Ordinance
shall, upon conviction,be subject to a fine of not more than$2,000 per violation,per day.
C. Determination of Fines.In determining the amount of any fine imposed hereunder,the court shall take
into account all relevant circumstances,including,but not limited to,the extent of harm caused by the
violation, the magnitude and duration of the violation, any economic benefit gained through the
violation, corrective actions by the violator, the compliance history of the violator, the knowledge,
intent,negligence or other state of mind of the violator, and any other factor as justice requires.
XI. CIVIL SUIT UNDER THE TEXAS WATER CODE
A. Action For Violation of Texas Water Code. Whenever it appears that a violation or threat of violation
of any provision of Section 26.121 of the Texas Water Code or any rule, permit or order of the
TiVRCC has occurred or Lib occurring within the jurisdiction of the City of Bcaumunt,e:;ciu.ivG of its
extraterritorial jurisdiction, the City, in the same manner as the TNRCC, may have a suit instituted
in a state district court through its City Attorney for injunctive relief or civil penalties or both as
authorized in Subsection (a) of Section 26.123 of the Texas Water Code, against the person who
committed or is committing or threatening to commit the violation. This power is exercised pursuant
to Section 26.124 of the Texas Water Code. In any suit brought by the City under this Ordinance,the
TNRCC is a necessary and indispensable party.
XII. REMEDIES NONEXCLUSIVE
A Nonexclusive Remedies. The remedies provided for in this Ordinance are not exclusive of any other
remedies that the City may have under state or federal law or other City ordinances. The City may
47
take any, all, or any combination of these actions against a violator. The City is empowered to take
more than one enforcement action against any violator. These actions may be taken concurrently.
)M. SUPPLEMENTAL ENFORCEMENT ACTION
A. Performance Bonds
1. The City Engineer may,by written notice, order any owner or leasee of a source of storm water
discharge associated with grading,construction or industrial activity to file a satisfactory bond,
payable to the City, in a sum not to exceed a value determined by the City Engineer to be
necessary to achieve consistent compliance with this Ordinance,any order issued hereunder,or
any grading plan or provision contained therein required by this Ordinance or to achieve final
stabilization or closure of a grading or construction site. The City may deny approval of any
building permit,grading permit,subdivision plat,site development plan or any other City permit
or approval necessary to commence or continue grading,construction,or any industrial activity
at a site,or to assume occupancy,until such a performance bond has been filed.
B. Liability Insurance
1. The City Engineer may,by written notice,order any owner or leasee of a source of storm water
discharge associated with grading,construction or industrial activity to submit proof that it has
obtained liability insurance, or other financial assurance, in an amount not to exceed a value
determined by the City Engineer,that is sufficient to remediate,restore and abate any damage to
the MS4,any waters of the United States receiving discharges from the MS4,or any other aspect
of the environment that is caused by the discharge.
C. Public Nuisances
1. A violation of any provision of this Ordinance,or any order issued hereunder,is hereby declared
a public nuisance and shall be corrected or abated as directed by the City Engineer. Any person
creating a public nuisance shall be subject to the provisions of the City Code governing such
nuisances, including reimbursing the City for any costs incurred in removing, abating or
remedying said nuisance.
XIV. FEES
A. The City may adopt reasonaLic fees fai of costs of implementing this Ordinance,
which costs may include, but not be limited to,the following:
1. Fees for monitoring, inspection and surveillance procedures, including the cost of collecting
and analyzing discharges and reviewing monitoring reports submitted by dischargers;
2. Fees for issuance of permits;
3. Fees for review of notices and plans for grading,construction,termination of grading
termination of construction,and storm water pollution control,irrespective of any acceptance
or rejection of such notices or plans by the City Engineer;
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4. Fees for conduct of site inspections by the City Engineer when requested by an operator or a
site or facility, iffespective of whether such inspection is required by this Ordinance;
5. Fees for site inspection by the City Engineer pursuant to determination of compliance to
conditions of a conditional notice of termination of grading;
6. Fees for responding to spills and releases of oil,hazardous and extremely hazardous
substances,and other pollutants;and
7. Other fees as the City may deem necessary to carry out the requirements contained in this
Ordinance.
B. Fees for matters covered by this Ordinance shall be as prescribed in Addendum A to this Ordinance.
C. The fees described above relate solely to the matters covered by this Ordinance and are separate
from all other fees,fines and penalties chargeable by the City.
XV. MISCELLANEOUS PROVISIONS
A. Specification of Times and Days
1. When a number of days is specified in this Ordinance for completion of an action or activity by
the City Engineer or a person,the number of such days shall be taken to mean calendar days
unless explicitly identified as working days.
2. Completion of a required activity within a specified number of days shall be presumed to mean
at the close of business for the specified limiting day for activities specified in terms of working
days and to mean at 12:00 midnight for the specified limiting day for activities specified in terms
of calendar days.
3. Nothing in this Ordinance as it may pertain to completion of actions or activities by a person
within a specified number or calendar or working days shall require that the City remain open for
business on days which are not regular working days for the City or that the City shall remain
open for business beyond regular business hours.
B. Severability. If any provision of this Ordinance is invalidated by any court of competent jurisdiction,
u,e .,-awa-ig piv,isions shall not be affected and shall remain Li full fc.ce:,--id effczt.
C. Supercedence. This Ordinance supercedes and controls other ordinances and sections of other
ordinances in effect at time of adoption of this Ordinance.
D. Effective Date
1. This Ordinance shall be in full force and effect immediately following its passage,approval and
publication,as provided by law.
49
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF
THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT
TO ADD A NEW ARTICLE VIII ENTITLED WATERSHED
PROTECTION REGULATIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
WHEREAS, the City's National Pollutant Discharge Elimination System
Stormwater Permit requires the City to adopt regulations to protect the City's watershed;
and,
WHEREAS, City Council desires to enact such regulations.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 28 of the Code of Ordinances of the City of Beaumont be and the same is hereby
amended to add a new Article VIII, Section 28-140, Watershed Protection Regulations. The
Watershed Protection Regulations of the City of Beaumont,attached hereto as Exhibit"A", be and
the same are hereby adopted as if copied verbatim herein, and 28-140 of the Code of Ordinances
is hereby added to read as follows:
28-140. The Watershed Protection Regulations as on file with the City Clerk are hereby
adopted as the Watershed Protection Regulations of the City of Beaumont.
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall 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 3.
All ordinances or part of ordinances in conflict herewith are repealed to the extent
of the conflict only.
Section 4.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished as provided in Section 1-8 of the Code of Ordinances of the City of
Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
December, 2001.
Mayor -
6
Council consider a request to enter into agreements with Institute for Educational Advancement
($10,300) to assist with operating expenses for the Ben's Kids program, Bethel Missionary
Baptist Church ($2,050) for the demolition and clearance of a dilapidated structure; Beaumont
Metropolitan Y.M.C.A. for Section 108 funds ($1,000,000) and Economic Development
Initiative-Special Projects funds ($462,500) which will be used for renovations specifically at the
L.L. Melton Y.MC.A.; and to enter into agreements with the 2000 Weed and Seed Initiative
subrecipients: Beaumont Police Activities League ($5,000), Family Connection($10,000),
Charlton-Pollard Nursery School($2,000), The Salvation Army Boys & Girls Club($20,000),
Dunbar Elementary School Safe Haven($25,829), Broader Horizon Computer Literacy Program
($11,000) and The Salvation Army Truancy Program($50,000)
.�. City of Beaumont
Council Agenda Item
M c
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Janett Blunt, Grants Technician
MEETING DATE: December 11, 2001
AGENDA MEMO DATE: December 5, 2001
REQUESTED ACTION: Council consider a request to enter into agreements with Institute for
Educational Advancement($10,300)to assist with operating expenses
for the Ben's Kids program, Bethel Missionary Baptist Church
($2,050) for the demolition and clearance of a dilapidated structure;
Beaumont Metropolitan Y.M.C.A. for Section 108 funds
($1,000,000)and Economic Development Initiative-Special Projects
funds($462,500)which will be used for renovations specifically at the
L. L. Melton Y.M.C.A.; and to enter into agreements with the 2000
Weed and Seed Initiative subrecipients: Beaumont Police Activities
League ($5,000), Family Connection ($10,000), Charlton-Pollard
Nursery School ($2,000), The Salvation Army Boys & Girls Club
($20,000),Dunbar Elementary School Safe Haven($25,829),Broader
Horizon Computer Literacy Program ($11,000) and The Salvation
Army Truancy Program($50,000).
RECOMMENDATION
Staff recommends Council approve entering into agreements with Institute for Educational
Advancement ($10,300), Bethel Missionary Baptist Church ($2,050); Beaumont Metropolitan
Y.M.C.A. (Section 108 funds, $1,000,000, and Economic Development Initiative-Special Projects
funds, $462,500).
Staff also recommends approval to enter into agreements with the 2000 Weed and Seed Initiative
subrecipients:Beaumont Police Activities League($5,000),Family Connection($10,000),Charlton-
Pollard Nursery School ($2,000), The Salvation Army Boys & Girls Club ($20,000), Dunbar
Elementary School Safe Haven($25,829),Broader Horizon Computer Literacy Program($11,000)
and The Salvation Army Truancy Program($50,000).
BACKGROUND
Council has approved funding for each project,excluding the Weed and Seed projects. As per U. S.
Dept. of Justice/Executive Office, the Weed and Seed regulations require that allocations be made
by the Weed and Seed Steering Committee.
BUDGETARY IMPACT
The Institute for Educational Advancement($10,300)will be funded from the 1999 Sr. Multi-family
Housing line item; Bethel Missionary Baptist Church ($2,050) will be funded from the 2001
Clearance and Demolition line item; L. L. Melton Y.M.C.A. will be funded from Section 108 funds
($1,000,000) and Economic Development Initiative-Special Projects funds ($462,500).
Weed and Seed Initiative subrecipients, Beaumont Police Activities League ($5,000), Family
Connection($10,000),Charlton-Pollard Nursery School($2,000),The Salvation Army Boys&Girls
Club($20,000), Dunbar Elementary School Safe Haven($25,829)and Broader Horizon Computer
Literacy Program ($11,000), and The Salvation Army Truancy Program($50,000), will be funded
from 2000 Weed and Seed funding.
PREVIOUS ACTION
Funding for The Institute for Educational Advancement was approved by City Council on November
27,2001,Resolution No.01-289. Section 108 funding for the L.L. Melton Y.M.C.A. was approved
by City Council on August 10, 1999, Resolution No. 99-226. The Melton's EDI funding is a
congressional appropriation which became effective June 19, 2000.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Executive Assistant to City Manager/Economic Development Director, Planning
Manager, and Grants Administrator.
RECOMMENDED MOTION
Approve/Deny a request to entering into agreements with Institute for Educational Advancement,
Bethel Missionary Baptist Church, Beaumont Metropolitan Y.M.C.A, Beaumont Police Activities
League, Family Connection, Charlton-Pollard Nursery School, The Salvation Army Boys & Girls
Club,Dunbar Elementary School Safe Haven,Broader Horizon Computer Literacy Program,and The
Salvation Army Truancy Program.
Page 2
7
Council consider approving a resolution authorizing Administration to proceed with the project
recommendations of the Parks and Recreation Advisory Committee regarding the use of the funds
from the Central Park sale
I
1 f
City of Beaumont
� c
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Lewis Hiltpold, Parks Superintendent
MEETING DATE: December 11, 2001
AGENDA MEMO DATE: December 5, 2001
REQUESTED ACTION: Council approve a resolution authorizing Administration to proceed
with the project recommendations of the Parks and Recreation
Advisory Committee regarding the use of the funds from the Central
Park sale.
RECOMMENDATION
Administration recommends that the$575,000 available from the sale of4.0742 acres of Central Park
fund the following projects:
Renovation of the Athletic Complex tennis courts . . . . . . . . . . . . . . . . . . . $300,000
Construct three (3) water playgrounds, one each at Central Park,
Rogers Park, and Sprott Park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150,000
Partnership with BISD and provide playground for Fletcher
Elementary School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75,000
Modify existing softball field for Pony League use . . . . . . . . . . . . . . . . . . . . $50,000
TOTAL $575,000
BACKGROUND
The Parks and Recreation Advisory Committee recommended that the funds from the sale of a
portion of Central Park be used to provide additional recreational activities for Beaumont citizens.
Twelve(12)items were identified and discussed by the committee. The committee is recommending
four (4) projects for City Council consideration. In accordance with State law, the proceeds from
the sale of the park property may only be used to acquire and improve property for the purposes for
which the property was used.
BUDGETARY IMPACT
Funds are available from the sale of Central Park.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director, and the Parks Superintendent.
RECOMMENDED ACTION
Approve/deny a resolution authorizing Administration to proceed with the project recommendations
of the Parks and Recreation Committee regarding the use of funds from the Central Park sale.
8
Council consider a request for a tax exemption for the "Coale Building" at 461-469 Bowie
Cit y of Beaumont
�• Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: December 11, 2001
AGENDA MEMO DATE: December 5, 2001
REQUESTED ACTION: Council consider a request for a tax exemption for the"Coale Building"
at 461-469 Bowie.
RECOMMENDATION
The Administration recommends approval of a tax exemption based upon the following schedule of
declining exemptions over a ten year period:
First 5 years - 100%
Year 6 80%
Year 7 60%
Year 8 40%
Year 9 20%
Year 10 0%.
BACKGROUND
Dr. Hervy Hiner, the property owner, in conjunction with Wayne and Karen Ingwersen, are
renovating the Coale Building at 461-469 Bowie. The Ingwersens plan to operate a restaurant and
jazz club in the building.
Renovations to the building include repairs to the outside of the building and extensive renovations
to the interior of the building. Total costs are estimated at $1,844,000. The dollar amount of the
improvements to the building far exceeds the current value of the entire property. This building is
a contributing structure to the downtown area. Its renovation will significantly add to the
revitalization of the Central Business District.
BUDGETARY IMPACT
For a period of nine(9)years,the taxes on the Coale Building will be frozen at a gradually decreasing
level. For the first five(5)years the taxes will be frozen at 100%of the pre-renovation value. Taxes
would then increase so that in Year 10, the property would be taxed at full value. The current
appraised value is $49,110.
PREVIOUS ACTION
At a Public Hearing of the Historic Landmark Commission on November 14,2001,the Commission
voted 9-0 to approve a tax exemption that would freeze taxes for ten(10)years at the pre-renovation
value.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Executive Assistant to City Manager/Economic Development Director and the
Planning Manager.
RECOMMENDED MOTION
Approve/Deny a request for a tax exemption for the "Coale Building" based on a schedule of
declining exemption for ten years as presented.
Investments Corporation
1750 9th Avenue Suite 201
Port Arthur,Texas 77642
(409) 985—6657 or (409) 722—5577
Fax (409) 982—7805
October 21, 2001
Dear Honorable Commissioners:
I Dr. Hervy H. Hiner Jr. swear that the following report is a true statement that was
prepared by me declaring why the Coale building located at 461-469 Bowie street should
be granted a Historical Cultural Designation in the City of Beaumont.
As owner of the building commonly known at"The Coale Building" at 469 Bowie Street,
I am requesting that you consider my application for Historical Cultural Designation.
Keeping with the criteria established by the Historical Landmark Commission, the
Planning Commission, and the City Council, following is the list of criteria that supports
the case for Historical-Cultural Designation:
Criteria- A
Being designated as a Historical —Cultural Designation would allow the Coale Building
the opportunity to seek other distinguished designations such as, Texas Historic
Landmark and National Register of Historic Places.
Criteria- B, F, G and J
The Coale building played a significant role in the social and political life of the City of
Beaumont. During the late 1950's and early 1960's, The Bowie or the Domino Club, as
it was also called, was house in the Coale building. The Bowie Club was known for its
illegal gaming operation activities. Many people in the Golden Triangle would come to
"play the game" and others would do the illegal gambling on "the game". On December
3, 1961 at 1:30 p.m. the Bowie Club became one of a highly selected group of downtown
Beaumont establishments raided by the James Commission. The club is listed many
times in the permanent records of the General Investigating Committee Report to the
House of Representatives of the 57h Legislature of Texas, a publication on display at the
Terrell Library in downtown Beaumont.
Criteria- C
Not Applicable
Criteria- D
The Coale building's elements of architectural designed dates back to the early 20a'
Century. The exterior of the building is being preserved where possible to illustrate the
attention given to the craftsmanship design used in the brick masonry and designed in the
windows and panes.
Criteria- E
The Coale Building was constructed in 1914. It is one of the oldest buildings still
standing in the City of Beaumont. It is within walking distance of other current
Historical-Cultural Designated buildings and venues with similar elements of
architectural design and style such as Crocket Street and the infamous Dixie Hotel.
Criteria- H
The Coale Building is listed in the 1989 S.P.A.R.E. Beaumont Survey.
Criteria- I
In 1960, the Honorable Representative Tom James of Dallas was designated the Vice-
Chairman of the General Legislative Investigating Committee of the House of
Representatives on Law Enforcement in Jefferson County. Vice Chairman James
instructed an investigation by the Department of Public Safety into allegations of serious
problems of law enforcement centering on organized vice operations in the State of
Texas. The result of the investigation is now known as the James Commission.
I look forward to your favorable consideration to this request. Should you have any
questions, I will be avai ble at a suitable time for you.
Sincerely /
j
/ /� '*'►'"� EVA A.WEATHERLY
r+ •%
l Notay M c,State of Texas
Hervy H. Hiner Jr, M.D. NNCorrurlonFAIres
''�%, ,:;`'•+ October 03,2005
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The
ORIGINAL
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2001
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Bowie Street Elevation
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71
Iff
>O<XXXXX
---------------- ---
JUST REMODELING,LL.C.
970 CLAIBORNE ST.
VIDOR, TX 77662
PH.:409 7b9-2.402
FAX:409-7693791
ESTIMATED PROJECT COST: MURDOCKS
STRUCTURAL.BUILDING $1,449,000.00
includes: electrical,plumbing,HAVC, concrete, elevator, hardware,dooxs,windows,trim, cabinetry,
flooring, roofing, framing, decks, drywall, FRP,windows, ceilings, brick alterations:
FINISH WORK $395,000.00
includes:
awning $25,000.00
skylight,open-stairwell 140,000:00
iron-work, deco, rails $35,000.00
granite&laminates $20,000.00
parking lot $I2,5,800.00--
open grill $20,000.00-•
alarms $25,000.00
—brick fence $35,000.00—
minor $13,000.00'
lighting pkg. $IJ5,000.00
sound pkg. $22,000.00
theatrical light pkg. $6,500.00
JOB ESTLMATE $1,844,000.00
EXCLUDES: kitchen fixtures,sprinkler system.,furnishing, front sidewalk:
investments Corporation
1750 9th Avenue Suite 201
Port Arthur, Texas 77642
(409) 985-6657 or (409) 722-5577
Fax (409) 982-7805
October 21, 2001
Historical Landmark Commission
Planning Commission
Subject: Timeline
Dear Members of the Historical Landmark Commission, Planning Commission:
The proposed contractor for the restoration/rehabilitation project of the Coale building
estimates that it will take approximately (9)months for the completion of the Project.
Note: Plans for the total cost of the restoration project are subject to change with
revisions provided to members of the commission as soon as possible for their review.
Sincerely.
f j
Dr. Hervy H. Hiner, Jr.
Investments Corporation
1750 9th Avenue Suite 201
Port Arthur,Texas 77642
(409) 985—6657 or (409) 722—5577
Fax (409) 982—7805
October 19,2001
City of Beaumont
Planning Commission
Historical Designation Commission
Please allow this transmittal to serve as-my authorization for members of the Historic
Cultural Designation commission and City officials to visit and inspect the Coale
Building located at 461-469 Bowie.
Additionally, I will comply fully with authorized review of books and records by the
commission and city officials pertaining to the Coale Buildings necessary to certify that
the Coale building is in substantial need of restoration and rehabilitation.
Should you have any questions that you would like addressed, please do not hesitate to
contact me at a time suitable to you.
Sincerely;
i /
r. a YI. Hiner Jr.
Investments Corporation
1750 9th Avenue Suite 201
Port Arthur,Texas 77642
(409) 985-6657 or (409) 722-5577
Fax (409) 982-7805
October 21, 2001
Historical Landmark Commission
Planning Commission
Dear Members of the Historical Landmark Commission, Planning Commission:
The proposed usage of the restored Coale Building will be to serve the community as a
restaurant and jazz club.
Sincerely
Dr. Hervy H. Hiner, Jr.
461469 Bowie @ Park
1914 - Restaurant owned by Henry Garrison
Rooms to Let, owned by Gertrude Barrett
Laundry, owned by Henry Dorsey
1916 - Hat Renovator, Samuel Vener
Clothes Cleaners, owned by Henry Garrison
1921 - Barbershop, owned by Paul East
Tailor, Albert Coleman
1933 - Bowie Furniture Co.
1937 - Barbershop, owned byJoseph Canizaro
Jefferson Package Store
Bowie Club
1943 - Bowie Club and Dominos, owned by Ernest Honea
Tailor, Manuel Aguilar
1945 - Elk's Lodge
Goldie's Club
Adjoining Business to Coale Building
1914 - Saloon, owned by Frank Lee (473)
Barbershop, owned by Isaac Young (473)
Barbershop, owned by August Malette (487)
Hardware Store, owned by Norvell-Wilder (492-496)
Barbershop, owned by Daniel Stevens (495)
Saloon and Rooms, owned by Frank Hyams (450)
1916 - Saloon and Imperial Orchestra, owned by Frank Lea
Restaurant, owned by Francis Smith
1921 - Domino Parler, owned by Frank Hardy (487)
Hardware Store, owned by Norvell-Wilder (492-496)
Thompson Furniture (497)
Furnished Rooms, owned by Wm. Campbell (497 1(2)
1943 - Sears Roebuck (425-455)
Marble Palace (450_
Samuel Goldstein Shoe Repair (450A)
Rex Hotel (4503-4)
Steve's Package Store (454)
City Finance Co. (459)
Bunglow Cafe (475)
American Garage (494)
9
Council consider adopting a resolution that supports and endorses the application of the Jefferson
County Sheriff's Department to apply for grant funds from the Texas Narcotics Control Program,
as administered by the Criminal Justice Division, Office of the Governor, to continue funding for
the Jefferson County Narcotics Task Force, and to commit to providing the matching funds not to
exceed $62,147
Dec 06 01 04: 12p Beaumont Police Rdmin (409) 880-3844 p. l
City of Beaumont
M K,
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED: Tom Scofield, Chief of Police
MEETING DATE: December 11, 2001
AGENDA MEMO DATE: December 4, 2001
REQUESTED ACTION:
For the City Council of the City of Beaumont to adopt a resolution that supports and endorses the
application of the Jefferson County Sheriff's Department to apply for grant funds from the Texas
Narcotics Control Program, as administered by the Criminal Justice Division, Office of the
Governor, to continue funding for the Jefferson County Narcotics Task Force, and to commit to
providing the matching funds not to exceed $62,147.
RECOMMENDATION:
For the City Council of the City of Beaumont to adopt a resolution that supports and endorses the
application of the Jefferson County Sheriff's Department to apply for grant funds from the Texas
Narcotics Control Program, as administered by the Criminal Justice Division, Office of the
Governor,to continue funding for the Jefferson County Narcotics Task Force, and to commit to
providing the matching funds not to exceed$62,147.
BACKGROUND:
Whereas,the federal funds available under the provisions of the National Anti-Drug Abuse Act of
1988 are bing administered and disbursed pursuant to a statewide strategy developed by the
Criminal Justice Division of the Governor's Office and the application by the Jefferson County
Sheriff's Department would be an appropriate expenditure of said funds in response to the
statewide strategy and needs of the affected communities, to address the illegal drug trafficking
activities therein.
BUDGETARY IMPACT:
Matching funds from the confiscated goods account(277 3562)not to exceed $62,147.
Dec 06 01 04: 13p Beaumont Police Rdmin (409) 880-3844 p, 2
PREVIOUS ACTION:
Previously, the City Council of the City of Beaumont,Texas, has supported and endorsed the
application of the Jefferson County SherifFs Department to apply for grant funds from the Texas
Narcotics Control Program, as administered by the Criminal Justice Division, Office of the
Governor, to continue funding for the Jefferson County Narcotics Task Force, and has committed
to provide the matching funds.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and the Chief of Police.
RECOMMENDED MOTION:
Approve/deny a resolution stating that;
The City of Beaumont proposes to continue the cooperative multi jurisdictional Narcotics Task
Force with the police departments in Port Arthur, Nederland, Groves, and Port Neches, the
Sheriff's department in Jefferson and Hardin County; and that the City of Beaumont pledges to
participate in this Narcotics Task Force and in the use of the task force equipment in accordance
with Criminal Justice Division and Texas Narcotics Control Program rules and regulations and
affirms that in the event of loss or misuse of Criminal Justice Division funds,by the City of
Beaumont, the City of Beaumont assures that these funds will be returned to the Criminal Justice
Division in full; and that the City of Beaumont, Texas, supports and endorses the application of
the Jefferson County Sheriff's Department to apply for grant funds from the Texas Narcotics
Control Program, as administered by the Criminal Justice Division, Office of the Governor,to
continue funding for the Jefferson County Narcotics Task Force, and commits to provide the
matching funds not to exceed $62,147.
RESOLUTION
A RESOLUTION APPROVING RESOLUTION CONCERNING
JEFFERSON COUNTY NARCOTICS TASK FORCE
WHEREAS, the Sheriff of Jefferson County has prepared a grant application to
the Texas Narcotics Control Program for continuation of the grant that funds the
Narcotics Task Force; and
WHEREAS, the application proposes to continue the cooperative multi-
jurisdictional Narcotics Task Force with the Police Departments in Beaumont, Port
Arthur, Nederland, Groves, and Port Neches, and the Sheriffs Department in Hardin
County; and
WHEREAS, the federal funds available under the provisions of the National Anti-
Drug Abuse Act of 1988 are being administered and disbursed pursuant to a statewide
strategy developed by the Criminal Justice Division of the Governor's Office, and the
application by the Jefferson County Sheriff's Department would be an appropriate
expenditure of said funds in response to the statewide strategy and needs of the affected
communities, to address the illegal drug trafficking activities therein. The City of
Beaumont pledges to participate in this Narcotics Task Force and the use of this
equipment in accordance with Criminal Justice Division and Texas Narcotics Control
Program rules and regulations and affirms that in the event of loss or misuse of Criminal
Justice Division funds, by the City of Beaumont, the City of Beaumont assures that these
funds will be returned to the Criminal Justice Division in full.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of
Beaumont, Texas, in a regular meeting duly convened and acting in its capacity as the
governing body of the City of Beaumont, Texas, supports and endorses the application of
the Jefferson County Sheriii's Department to apply for grant funds from the Texas
Narcotics Control Program, as administered by the Criminal Justice Division, Office of
the Governor, to continue funding for the Jefferson County Narcotics Task Force, and
commits to provide the matching funds in an amount not to exceed $62,147.
ADOPTED by the City Council of the City of Beaumont, Texas,this the day of
THE CITY OF BEAUMONT, TEXAS
BY:
ATTEST:
APPROVED AS TO FORM:
9
M tlDik IL
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS DECEMBER 11, 2001 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
Confirmation of committee appointments
A) Approve a resolution authorizing the granting of a License to Encroach Agreement to
Apollo Environmental Strategies, Inc. into the right-of-way of East Lucas Street.
B) Approve the purchase of Self Contained Breathing Apparatus (SCBA) and air cylinders.
C) Approve the purchase of four(4) fourteen (14) cubic yard dump trucks
D) Approve the purchase of one (1) track dozer
E) Approve the purchase of one (1) compactor
F) Approve a contract for$25,000 with BUILD, Inc., Beaumont Main Street, for the period
January 1, 2002 through December 31, 2002 to be funded through the General Fund,
Economic Development Department.
G) Approve a contract for the purchase of ready mix concrete
H) Approve a contract for telecommunication services
1) Approve a bid to Salenga Construction, Inc. of Beaumont for the replacement of the east
sidewalk of City Hall
J) Approve the purchase of one (1) tractor with a front end loader and rear mounted backhoe
K) Authorize the settlement of a claim
L) Authorize the settlement of a lawsuit
CONSENT AGENDA DECEMBER 11, 2001
A) Approve a resolution authorizing the granting of a License to Encroach Agreement
to Apollo Environmental Strategies, Inc. into the right-of-way of East Lucas Street
Apollo Environmental Strategies, Inc. proposes to install a monitoring well onto the City's
sixty foot(60') East Lucas Street right-of-way, adjacent to Lot 12, Block B, Southerland
Addition near the intersection of Magnolia Avenue. The monitoring well will cover a three
square foot area. The monitoring well is being installed to track various pollutants. The
License Agreement protects the City from liability and provides a thirty (30) day
cancellation clause. A copy of the staff memorandum is attached for your review.
B) Approve the purchase of Self Contained Breathing Apparatus (SCBA) and air
cylinders
The Administration recommends approval of twelve (12) SCBA units and air cylinders
from Four Alarm Fire Equipment of Houston, TX in the amount of$35,628 for the
Beaumont Fire Department. The SCBA breathing mask and air cylinders are used to
provide a safe supply of fresh air to firefighters while working in hazardous environments.
The air cylinders provide forty-five (45) minutes of compressed breathing air which flows
into the firefighter's full-face SCBA breathing mask. Funds for this expenditure are
available in the Capital Reserve Fund. A copy of the staff memorandum is attached for
your review.
C) Approve the purchase of four (4) fourteen (14) cubic yard dump trucks
Administration recommends the purchase of four(4) fourteen (14) cubic yard tandem axle
dump trucks from Smart's Truck & Trailer Equipment, Inc. of Beaumont in the amount of
$331,975. These trucks will be issued to the Public Works Department's Streets and
Drainage and Water Utilities Divisions. Delivery of the four(4) 2002 Volvo trucks will be
in approximately 90-120 days. The trucks are warranted for twelve (12)months or 100,000
miles. Warranty service will be provided by Smart's Truck& Trailer Equipment, Inc. in
Beaumont. Funds for this purchase will be available through a lease purchase agreement.
A copy of the staff memorandum is attached for your review.
D) Approve the purchase of one (1) track dozer
Administration recommends the purchase of one (1) Caterpillar Model D6M FTC LGP
track dozer for the Clean Community Department, Landfill Division, from Mustang Tractor
& Equipment Company in the amount of$158,985. The new unit is warranted for a period
of one (1) year or 5,000 hours. Additional warranty for the power train is five (5)years or
7,500 hours. Warranty service will be provided by the local authorized dealer, Mustang
Tractor& Equipment Company. Funds will be provided through a lease purchase
agreement. A copy of the memorandum is attached for your review.
E) Approve the purchase of one (1) compactor
Administration recommends the purchase of one (1) Caterpillar Model 826 G compactor for
the Clean Community Department, Landfill Division, from Mustang Tractor& Equipment
Company in the amount of$404,220. The sanitary landfill compactor is used for the
compaction and movement of trash, refuse and cover material at the landfill. The new
unit's standard warranty is one (1) year. An optional extended powertrain warranty for
three (3) years or 5,000 hours is requested at a cost of$7,270. Warranty service will be
provided by the local authorized dealer,Mustang Tractor& Equipment Company. Delivery
of the compactor will be in 8-12 weeks. Funds will be provided through a lease purchase
agreement. A copy of the staff memorandum is attached for your review.
F) Approve a contract for$25,000 with BUILD, Inc. , Beaumont Main Street, for the
period January 1, 2002 through December 31, 2002 to be funded through the
General Fund, Economic Development Department
Administration recommends entering into a contract with BUILD, Inc., Beaumont Main
Street for the amount of$25,000 to further economic growth in downtown Beaumont. The
Beaumont Main Street program has established a partnership between the public and private
sectors that is dedicated to the revitalization on Beaumont's historic Central Business
District. The annual contribution from the City will be matched with other local funds and
used to promote downtown business development and retention. Funds are available in the
FY2002 General Fund, Economic Development Department. A copy of the staff
memorandum is attached for your review.
G) Approve a contract for the purchase of ready mix concrete
Administration recommends award of a one (1)year contract for purchasing ready mix
concrete to Few Ready Mix Concrete Co. of Jasper at the unit costs reflected in the attached
bid tabulation with an estimated total expenditure for the contract period of$66,575. A
copy of the memorandum is attached for your review.
H) Approve a contract for telecommunication services
Administration recommends the purchase of telecommunication services from
Southwestern Bell Telephone Company and Southwestern Bell Long Distance (SBLD) for
local provider service and long distance service through the State of Texas Cooperative
Purchasing Program,TEX-AN 2000. Funds are budgeted in the Central Services
Department, Building Services Division. The City anticipates a savings of approximately
$24,000 per year. A copy of the staff memorandum is attached for your review.
I) Approve a bid to Salenga Construction, Inc. of Beaumont for the replacement of the
east sidewalk of City Hall
Administration recommends award of a bid in the amount of$51,684 to Salenga
Construction, Inc. of Beaumont for the replacement of the east sidewalk of City Hall.
Funds for this expenditure are available in the Capital Reserve Fund. A copy of the staff
memorandum is attached for your review.
J) Approve the purchase of one (1) tractor with a front end loader and rear mounted
backhoe
Administration recommends the purchase of one (1)tractor equipped with a front end loader
and rear mounted backhoe from Oil City Tractors, Inc. of Beaumont in the amount of
$47,386. The tractor will be used in the maintenance and repair of water and sewer lines.
Delivery of the tractor will be in 120 days. The unit will be warranted for a period of twelve
(12) months or 2,000 hours. Warranty service will be provided by Oil City Tractors, Inc.
Funds for this purchase are available in the Water Fund. A copy of the staff memorandum
is attached for your review.
K-) Authorize the settlement of a claim
The claim of Bright Truck Leasing. Co would be settled in the amount of$55,315.57.
Council discussed the settlement of this claim in an Executive Session on November 27,
2001. A copy of the staff memorandum is attached for your review.
L) Authorize the settlement of a lawsuit
The lawsuit of Janice Haynes v City of Beaumont would be settled in the amount of
$30,000. Council discussed the settlement of this lawsuit in an Executive Session on
November 20, 2001. A copy of the staff memorandum is attached for your review.
A
City of Beaumont
•� Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: December 11, 2001
AGENDA MEMO DATE: November 29, 2001
REQUESTED ACTION: Council consider a resolution authorizing the granting of a License
to Encroach Agreement to Apollo Environmental Strategies, Inc.
into the right-of-way of East Lucas Street.
RECOMMENDATION
Apollo Environmental Strategies, Inc. proposes to install a monitoring well onto the City's sixty
foot (60') East Lucas Street right-of-way, adjacent to Lot 12, Block B, Southerland Addition, near
the intersection of Magnolia Avenue. The monitoring well will cover a three square foot area.
The license will allow the monitoring well at the following location:
Eight feet (8') north of the edge of pavement on East Lucas Street eighty-one and
three tenths feet (81.3') east of the power pole at the corner of East Lucas and
Magnolia Avenue.
Administration recommends authorization to grant the License to Encroach Agreement.
BACKGROUND
The monitoring well is being installed to track various pollutants. The License Agreement
protects the City from liability and provides a thirty (30) day cancellation clause.
BUDGETARY IMPACT
There is a one-time fee of$500 for the License to Encroach.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
RECOMMENDED MOTION
Approve/Deny approval to grant a License to Encroach to Apollo Environmental Strategies, Inc.
into the right-of-way of East Lucas Street.
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City of Beaumont
&ad as
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: December 11, 2001
AGENDA MEMO DATE: November 29, 2001
REQUESTED ACTION: Council consideration of the purchase of Self Contained Breathing
Apparatus (SCBA) and air cylinders.
RECOMMENDATION
Administration recommends the purchase of twelve (12) SCBA units and air cylinders from Four
Alarm Fire Equipment of Houston, TX for the Beaumont Fire Department.
BACKGROUND
The SCBA breathing mask and air cylinders are used to provide a safe supply of fresh air to
firefighters while working in hazardous environments. The air cylinders provide forty-five (45)
minutes of compressed breathing air which flows into the firefighter's full-face SCBA breathing
mask.
Seventeen (17) bidders were notified and the following three (3) bids were received:
VENDOR SCBA* AIR QTY TOTAL
CYLINDER**
Four Alarm Fire Equip., Houston, TX $2,230.00 /ea. $739.00 /ea. 12 $35,628.00
Dooley Tackaberry, Deer Park, TX $2,696.00 /ea. $736.50 /ea. 12 $41,190.00
DXP Enterprise, Houston, TX $3,057.95 /ea. 5761.53 /ea. 12 $45,833.76
SCBA is Scott Model 804847-04 including Scott 4500 psi SCBA Type Air Mark, Quick Connect Regulator, Pak-
Alert SE and Quick Charge.
**Air Cylinder is Scott Model 804722-01 4500 psi Carbon Fiber 45-minute Cylinder.
Purchase of Twelve (12) Self Contained Breathing Apparatus
November 29, 2001
Page 2
In 1999, the Fire Department implemented a replacement program for SCBA units. Each unit has
a life of approximately fifteen (15) years. The Fire Department has 106 SCBA units and
continuously replaces units as they become obsolete.
BUDGETARY IMPACT
Funds are available in the Capital Reserve Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director, and Fire Chief.
RECOMMENDED ACTION
Approve/Deny the purchase of twelve (12) SCBA and twelve (12) air cylinders totaling $35,628.
c
claijCity of Beaumont
ow-
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: December 11, 2001
AGENDA MEMO DATE: December 5, 2001
REQUESTED ACTION: Council approval of the purchase of four(4) fourteen (14) cubic yard
dump trucks.
RECOMMENDATION
Administration recommends the purchase offour(4)fourteen(14)cubic yard tandem axle dump trucks
from Smart's Truck& Trailer Equipment, Inc. of Beaumont in the amount of$331,975.
BACKGROUND
Five(5)bids were received on Monday,November 19,2001 for the purchase of four(4)fourteen(14)
cubic yard tandem axle dump trucks. These trucks will be issued to the Public Works Department's,
Streets and Drainage and Water Utilities Divisions.
The bids received are as follow:
Vendor Price per Truck Option No. 1 Total*
Bayou City Ford $79,739 $600 $319,556
Houston, TX
International Trucks of Houston $82,463.24 $1,200 $331,052.96
Houston, TX
Smart's Truck&Trailer Equipment, Inc. $82,750 $975 $331,975
Beaumont, TX
Beaumont Freightliner $86,113 $766.36 $345,218.36
Beaumont, TX
Rush Truck Center of Houston $91,960 $1,000 $368,840
Houston, TX
*The total includes three(3)trucks without the optional trailer connection and one(1)truck equipped
with the trailer connection.
Purchase of four(4) dump trucks
December 5, 2001
Page 2
Option No. 1 is a trailer connection rated for towing a 50,000 lb. GVWR trailer. This connection is
needed for one of the trucks issued to the Water Utilities Division for towing a boring machine.
The apparent low bidder, Bayou City Ford,took exception to the specifications concerning the dump
cylinder hoist subframe. The strength of the subframe on the Galion body is less than specified.
The next low bidder is International Trucks of Houston. The sales tax impact analysis formula was
applied to the local vendor's bid, Smart's Truck and Trailer Equipment, Inc. Application of the
formula altered the bid standings.
Delivery of the four (4) 2002 Volvo trucks will be in approximately 90-120 days. The trucks are
warranted for twelve (12) months or 100,000 miles. Warranty service will be provided by Smart's
Truck& Trailer Equipment, Inc. in Beaumont.
The new trucks will replace units 3172, a 1986 International 14 cubic yard dump truck, unit 3177, a
1987 International 14 cubic yard dump truck,unit 3209, a 1990 GMC 4 '/2 cubic yard dump truck and
unit 3225, a 1992 GMC White 14 cubic yard dump truck.
BUDGETARYIMPACT
Funds for this purchase will be available through a lease purchase agreement.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director and Public Works Director.
RECOMMENDED MOTION
Approve/Deny the purchase of four(4) fourteen(14) cubic yard dump trucks from Smart's Truck&
Trailer Equipment, Inc. in the amount of$331,975.
D
f1pCity of Beaumont
.rf
IL Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: December 11, 2001
AGENDA MEMO DATE: December 3, 2001
REQUESTED ACTION: Council approval of the purchase of one(1)track dozer.
RECOMMENDATION
Administration recommends the purchase of one(1)Caterpillar Model D6M FTC LGP track dozer for
the Clean Community Department, Landfill Division, from Mustang Tractor&Equipment Company
in the amount of$158,985.
BACKGROUND
Bids were received from two (2)vendors on Monday,November 26,2001 for furnishing a 37,000 lb.
track dozer to be used at the Landfill. The track dozer is used to move and spread cover material.
The bids received are as follow:
Vendor Location Price
Mustang Tractor& Equipment Beaumont, Texas $158,985
Waukesha-Pearce Industries Pt. Arthur, Texas $159,990
The new dozer will replace unit 5076, a 1993 Caterpillar D6H dozer, which will be disposed of
according to the City's surplus property policies. The older unit's maintenance cost's have necessitated
its replacement.
The new unit is warranted for a period of one (1) year or 5,000 hours. Additional warranty for the
power train is five(5)years or 7,500 hours. Warranty service will be provided by the local authorized
dealer, Mustang Tractor& Equipment Company.
Delivery of the dozer will be in 90-120 days.
Purchase of Track Dozer
December 3, 2001
Page 2
BUDGETARY IMPACT
Funds will be provided through a lease purchase agreement.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director and Clean Community Director.
RECOMMENDED MOTION
Approve/Deny the purchase of one(1) Caterpillar Model D6M FTC LGP track dozer from Mustang
Tractor& Equipment Company in the amount of$158,985.
E
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: December 11, 2001
AGENDA MEMO DATE: December 5, 2001
REQUESTED ACTION: Council approval of the purchase of one (1) compactor.
RECOMMENDATION
Administration recommends the purchase of one(1)Caterpillar Model 826 G compactor for the Clean
Community Department, Landfill Division, from Mustang Tractor & Equipment Company in the
amount of$404,220.
BACKGROUND
One (1) bid was received from Mustang Tractor&Equipment Company on Monday,November 19,
2001 for furnishing a 77,000 lb. compactor to be used at the Landfill. The sanitary landfill compactor
is used for the compaction and movement of trash, refuse and cover material at the landfill.
The bids received are as follow:
Vendor Price Optional 3 yr/5000 hour Total
extended warranty
Mustang Tractor& Equipment $396,950 $7,270 $404,220
Beaumont, Texas
The new compactor will replace unit 5112,a 1993 Caterpillar 826 C compactor,which will be disposed
of according to the City's surplus property policies. Due to its age and condition,unit 5112 has passed
its useful life and maintenance repairs exceed its value.
The new unit's standard warranty is one(1)year. An optional extended powertrain warranty for three
(3) years or 5,000 hours is requested at a cost of$7,270. Warranty service will be provided by the
local authorized dealer, Mustang Tractor& Equipment Company.
Delivery of the compactor will be in 8-12 weeks.
Purchase of a Compactor
December 5, 2001
Page 2
BUDGETARY IMPACT
Funds will be provided through a lease purchase agreement.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director and Clean Community Director.
RECOMMENDED MOTION
Approve/Deny the purchase of one(1)Caterpillar Model 826 G compactor from Mustang Tractor&
Equipment Company in the amount of$404,220.
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Andrea S. Deaton, Budget Officer
MEETING DATE: December 11, 2001
AGENDA MEMO DATE: December 3, 2001
REQUESTED ACTION: Approve a contract for $25,000 with BUILD, Inc., Beaumont
Main Street, for the period January 1, 2002 through December 31, 2002 to be funded through
the General Fund, Economic Development Department.
RECOMMENDATION
Administration recommends entering into a contract with BUILD, Inc., Beaumont Main Street
to further economic growth in downtown Beaumont.
BACKGROUND
The Beaumont Main Street program has established a partnership between the public and
private sectors that is dedicated to the revitalization of Beaumont's historic Central Business
District. The annual contribution from the City will be matched with other local funds and
used to promote downtown business development and retention.
BUDGETARY IMPACT
Funds are available in the FY 2002 General Fund, Economic Development Department, for
this purpose.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
Upon execution of a contract, payments will be made on a reimbursement basis.
Contract with BUILD, Inc.
Meeting: December 11, 2001
Page 2
RECOMMENDED BY
City Manager and Economic Development Director.
RECOMMENDED MOTION
Approve/Deny entering into a contract for $25,000 with BUILD, Inc., Beaumont Main Street
for the period January 1, 2002 through December 31, 2002.
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This agreement is made and entered into by and between the City of Beaumont,
Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting
herein by and through its duly authorized City Manager, and BUILD, Inc., a non-profit
corporation, hereinafter called "BUILD", acting herein by and through its President.
WHEREAS, the City believes that economic development and downtown
revitalization are crucial to the continued economic success of City and believes that
BUILD should be retained to carry out a program of work on behalf of City to accomplish
these goals;
NOW,THEREFORE, in consideration of the mutual promises made herein,the City
and BUILD agree as follows:
STATEMENT OF WORK
City does hereby enter into a contract with BUILD to provide a comprehensive
range of plans and projects in Beaumont directed at economic development and downtown
revitalization by:
a) promoting the physical and social development, redevelopment and
economic well being of downtown Beaumont;
b) creating an environment in the downtown area which is conducive to
residential, commercial, employment, recreational and cultural-artistic revitalization;
c) attracting new employers;
GAC_G\AGREEMEMBUILDG2.wpd
d) complying with all provisions of the Contract for Services-Urban Main Street
program between BUILD and the Texas Historical Commission as presented in Attachment
I.
COMPENSATION
City hereby agrees to pay to BUILD during the term of this agreement Twenty-five
Thousand Dollars ($25,000.00) from the City's General Fund. BUILD agrees to raise at
least Twenty-Five Thousand ($25,000.00) in additional funding from the private sector to
match the City's financial commitment.
DISBURSEMENT
Payment to BUILD will be made on a reimbursement basis and those payments will
be supported by proper verifiable documentation.
RECORDS AND REPORTS
Quarterly progress reports detailing the activities and accomplishments of BUILD,
emphasizing compliance with the Urban Main Street Program, will be due thirty(30) days
following the end of the quarter beginning with the quarter ending March 31, 2002. In
addition to said quarterly reports, BUILD will also provide an annual review related
specifically to the Urban Main Street Program covering the period of this agreement due
on January 31, 2003.
SUSPENSION AND TERMINATION
The term of this agreement will be January 1, 2002, through December 31, 2002.
Suspension and/or termination may occur if BUILD fails to comply with any or all provisions
of this agreement or for convenience.
GACGIAGREEM EMBUILD02.wpd
ACCESSIBILITY OF RECORDS
The City retains the right to inspect and/or audit the records of BUILD, Inc. as they
consider necessary to assure compliance with this agreement.
LOSS, DAMAGE, PERSONAL INJURY
BUILD agrees to indemnify, hold harmless and defend, at its own expense, the City
of Beaumont and its officers, agents, servants and employees, from and against any and
all claims, causes of action and damages of every kind arising out of or in conjunction with
the execution, performance attempted performance or non-performance of this contract or
from the operations and actions of BUILD, Inc., its officers, agents and employees.
EXECUTED in duplicate originals this the day of 12001.
CITY OF BEAUMONT
By:
City Manager
"CITY"
ATTEST:
By:
City Clerk
BUILD, INC.
By:
President
"BUILD"
ATTEST:
By:
GAMAGREEM EMBUILD02.wpd
G
,Now Cit y of Beaumont
•� Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: December 11, 2001
AGENDA MEMO DATE: December 3, 2001
REQUESTED ACTION: Council approval of a contract for the purchase of ready mix
concrete.
RECOMMENDATION
Administration recommends award of a one (1) year contract for purchasing ready mix concrete
to Few Ready Mix Concrete Co. of Jasper at the unit costs reflected in the attached bid tabulation,
with an estimated total expenditure for the contract period of$66,575.
BACKGROUND
The contract specifies that the successful bidder shall provide approximately 1,300 cubic yards
of ready mix concrete at fixed unit costs for one (1)year from date of award, for use by the Public
Works Department.
Pricing was requested for both delivery to job site, with subsequent additional charges per
occurrence for deliveries of less than 5 cubic yards, and for City pickup of ready mix material at
the plant site. Depending upon the application, the departments may need a different texture
concrete than the 3,000 PSI with 1" aggregate specified in the bid. Bidders have included an
addition or deduction amount per sack for finer or coarser concrete, respectively.
Seven (7) vendors were notified with three (3) submitting bids as reflected in the attached bid
tabulation. The recommended vendor is based in Jasper, Texas, with a plant location on Seventh
Street in Beaumont which will be utilized for servicing this contract.
Annual Contract for Ready Mix Concrete
December 3, 2001
Page 2
BUDGETARY IMPACT
The previous contract price was $47.00 per cubic yard for delivered concrete. Bids were not
previously requested for City pickup of material at the plant site as the City did not have the
capacity to pour concrete in the required volume at that time.
Funds are available for this expenditure in the Departments' operating budgets.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director, and Public Works Director.
RECOMMENDED MOTION
Approve/Deny award of a one (1) year contract for purchasing ready mix concrete to Few Ready
Mix Concrete Co. at the following unit costs: $51.75 per cubic yard for delivery to job site, with
additional charges of$20 for partial load deliveries of 1/4 to 2 cubic yards and $10 for partial load
deliveries of 2-1/4 to 4-3/4 cubic yards, and $44.75 per cubic yard for City pickup at plant site.
BID TABULATION FOR READY MIX CONCRETE
BID NUMBER: RF1002-03
BID OPENING DATE: 11/19/01
Few Ready Mix Concrete Co. Quality Concrete Transit Mix Concrete
Est. Qty. Description (Jasper,TX Beaumont,TX Beaumont,TX
Unit Total j Unit Total Unit _Total
900 yards 3,000 PSI concrete,delivered to job site $51.75 $46,575.001 $54.00 $48,600.00 $54.00 1 $48,600_.00
NA Add or deduct for differing texture $4.00 NA $4.00 NA $4.00 NA
_ _. --.
60 occurrences iDelivery charge for partial: 1/4 to 2 cubic yard $20.00 $1,200.00 $30.00 $1,800.00' $45.00 $2,700.00
90 occurrences Delivery charge for partial: 2-1/4 to 4-3/4 cubic yard $10.00' $900.00 $30.00 $2,700.00 $25.00 $2,250.00
400 yards 3,000 PSI concrete-City pickup at plant site $44.75 $17,900.00; $42.00 $16,800.00 $42.00 $16_,800.00,
— — - .
;Total Bid $66,575.U� $69,900.00
_ .. _ $70,350.00
11-ocation of Plant 2155 North 7th St. 16025 Highland 1250 Dollinger Road
H
City of Beaumont
•�• Council Agenda Item
� - ..
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: December 11, 2001
AGENDA MEMO DATE: December 5, 2001
REQUESTED ACTION: Council approval of a contract for telecommunication services.
RECOMMENDATION
Administration recommends the purchase of telecommunication services from Southwestern Bell
Telephone Company and Southwestern Bell Long Distance(SBLD)for local provider service and long
distance service through the State of Texas Cooperative Purchasing Program, TEX-AN 2000.
BACKGROUND
TEX-AN 2000 contracts provide all General Services Commission Cooperative Purchasing Program
Participants with access to competitively priced telecommunication services such as long distance,
voice, voice and data access, frame relay and ATM backbone transport services.
Southwestern Bell Telephone Company and Southwestern Bell Long Distance are authorized TEX-AN
2000 contractors offering contract prices for long distance service, local toll service and toll free
service in this region.
Since 1991,MCI has provided long distance service and Southwestern Bell has provided local service.
Rates through MCI and Southwestern Bell have not been as competitive as other markets because the
City did not declare Southwestern Bell as a designated local service provider after deregulation and
the 1991 MCI contracted rates are outdated.
There are three(3)pricing structures currently in place for IntraLATA,InterLATA and Interstate calls
made through the City's phone system. The state of Texas is divided into eighteen(18)Local Access
and Transport Areas (LATA). IntraLATA calls are made from Beaumont to Pt. Arthur, Orange,
Silsbee, Jasper, Bridge City and surrounding cities within the local calling area. The average number
of minutes used per month for calls within the IntraLATA calling area is 5,000 at a cost of
approximately$800 per month.
Telecommunication Services
December 5, 2001
Page 2
InterLATA calls are made from one LATA to another within the state of Texas and are billed through
MCI. Interstate long distance calls are billed through MCI. The City expends approximately$2,800
per month for an average of 19,000 minutes for InterLATA and Interstate calling.
The contracted rates available through TEX-AN 2000 from Southwestern Bell Telephone Company
and Southwestern Bell Long Distance are as follow:
Outbound Services TEX-AN 2000 Current Cost/Minute
IntraLATA $0.0550 per minute $0.15 - $0.24 based on mileage
IntraLATA Fixed Fee $14.00 per N/A
month/line*
InterLATA $0.0770 per minute $0.15
Interstate $0.0550 per minute $0.12
*The City's core phone system utilizes a PBX consisting of seventeen(17) lines. Instead of paying a
per minute charge for each IntraLATA call made,a fixed cost of$14 per month per line for unlimited
IntraLATA calling can be established. Only lines with relatively large IntraLATA usage would be
designated at the fixed fee. All other city phone lines would be eligible for the discounted rate of
$0.0550 per minute.
Toll free services are provided by other long distance providers. The City has two(2)toll free numbers
dialing into the Convention Facilities and Convention and Tourism Division offices. Approximately
$400 per month is currently expended for toll free calls.
Toll Free Services TEX-AN 2000 Current Cost/Minute
(Inbound Calls 1-800)
Intrastate $0.0578 per minute $0.16 - $0.20
Interstate $0.0578 per minute $0.41 - $0.52
Service Charge $5.00 per month $20.00 per month
The rates through the TEX-AN 2000 contract include six (6) second increment billing and a waiver
of all fees associated with the designation of a service provider.
BUDGETARY IMPACT
Funds are budgeted in the Central Services Department, Building Services Division. The City
anticipates a savings of approximately$24,000 per year.
Telecommunication Services
December 5, 2001
Page 3
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director.
RECOMMENDED MOTION
Approve/Deny the purchase oftelecommunication services from Southwestern Bell Long Distance and
Southwestern Bell Telephone Company through TEX-AN 2000 at the rates stated within.
. City of Beaumont
•�• Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: December 11, 2001
AGENDA MEMO DATE: November 29, 2001
REQUESTED ACTION: Council approval to award a bid for the replacement of the east
sidewalk of City Hall.
RECOMMENDATION
Administration recommends award of a bid in the amount of$51,684 to Salenga Construction,
Inc. of Beaumont for the replacement of the east sidewalk of City Hall.
BACKGROUND
The east sidewalk is located at the rear of City Hall and provides a pathway from the parking area
to the rear entrance of City Hall and to the Civic Center Complex. The replacement is necessary
due to the deteriorated condition of the existing sidewalk. The sidewalk has separated from the
foundation of the building, creating a crevice which has widened over time and will continue to
worsen if unattended. The project will include demolition of the existing sidewalk, subsequent
repaving of the affected area, securing of the new section to the existing structure, and
modification of the existing railing to meet the 1997 Standard Building Code requirements adopted
by the City.
It is anticipated that the contractor will encounter voids beneath the existing sidewalk due to
erosion caused by water flowing through the crevice. Consequently, additional prices were
requested for any additional fill material which may be necessary to create a stabilized base for
the new sidewalk. The fill material will be in addition to the base bid amount as needed, and the
pricing for each is reflected in the attached bid tabulation.
Additionally, the project will facilitate the installation of fiber-optic cable between City Hall and
the Civic Center which is necessary to complete the frame-relay communication system initiated
East Sidewalk Replacement-City Hall
November 29,2001
Page 2
in 2000. Upon demolition of the existing sidewalk by the contractor, City personnel will utilize
the excavation to perform the directional boring and installation of conduits necessary for the
subsequent cable installation. Upon completion, the contractor will return to complete the
installation of the new sidewalk.
Bid notices were provided to fifty vendors, with two (2) responding with bids. The bids received
are reflected in the attached bid tabulation. The recommended vendor for award is recognized as
a minority-owned business enterprise (MBE).
The project is to begin in December, 2001, and be completed within 60 calendar days.
BUDGETARY IMPACT
Funds for this expenditure 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 accepting a bid from Salenga Construction, Inc. in the base amount of$51,684 for
the replacement of the east sidewalk of City Hall, and additional fill material as needed at the
following prices: $110 per cubic yard for cement slurry grout, $127 per cubic yard for cement
stabilized sand, and $20.30 per square foot for additional brick pavers.
EAST SIDEWALK REPLACEMENT - BEAUMONT CITY HALL
BID OPENING DATE: MONDAY, NOVEMBER 26,2001 @ 2 PM
BID NUMBER: RF1002-05
Vendor Salenga Construction, Inc. Civil Constructors
City/State Beaumont, TX Beaumont, TX
Fax No. 409.722.2967 409.860.7169
Base—Bid-- Sidewalk Replacement $51,684.001i $62,506.00
Unit Price No. 1- Cement Slurry Grout- per cubic yard $110.00 $232.00
Unit Price No. 2 - Cement Stabilized Sand - per cubic yard ! $127.00 --$224.00
:'Unit Price No. 3-Additional Pavers- per square foot $20.30 $86.40.
Completion Time 60 Calendar Days 85 Calendar Days �I
J
City of Beaumont
'a EL Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: December 11, 2001
AGENDA MEMO DATE: December 5, 2001
REQUESTED ACTION: Council approval of the purchase of one (1) tractor with a front end
loader and rear mounted backhoe.
RECOMMENDATION
Administration recommends the purchase of one(1)tractor equipped with a front end loader and rear
mounted backhoe from Oil City Tractors, Inc. of Beaumont in the amount of$47,386.
BACKGROUND
Five(5)bids were received on Monday,November 19,2001 for the purchase of one(1)85 HP tractor
equipped with a front end loader and rear mounted backhoe for the Public Works Department,Water
Utilities Division. This tractor will be used in the maintenance and repair of water and sewer lines.
The bids received are as follow:
Vendor Location Price
Oil City Tractors, Inc. Houston, TX $47,386
Texas Timberjack Jasper, TX $49,155
Carruth-Doggett Industries Houston, TX $49,275
Rush Equipment Center Houston, TX $54,366.17
CLM Equipment Company, Inc. Nederland, TX $60,300
Purchase of one (1) tractor
December 5, 2001
Page 2
The apparent low bidder,Oil City Tractors,Inc.meets all specifications. The unit bid is a New Holland
LB 75B tractor equipped as specified.
The new unit will replace unit 5075, a 1992 Case backhoe. The replaced unit will be disposed of
according to the City's surplus equipment disposal policies.
Delivery of the tractor will be in 120 days. The unit will be warranted for a period of twelve (12)
months or 2,000 hours. Warranty service will be provided by Oil City Tractors, Inc.
BUDGETARYIMPACT
Funds for this purchase are available in the Water Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director and Public Works Director.
RECOMMENDED MOTION
Approve/Deny the purchase ofone(1)New Holland LB75B from Oil City Tractors,Inc.in the amount
of$47,386.
K
.�. City Of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Matt Martin, Liability Administrator
MEETING DATE: December 11, 2001
AGENDA MEMO DATE: December 5, 2001
REQUESTED ACTION: Consider a resolution authorizing the settlement of the
claim of Bright Truck Leasing.
RECOMMENDATION
Council approval of a resolution authorizing the settlement of the claim of Bright Truck Leasing.
BACKGROUND
Council authorized the settlement of this clain in Executive Session November 27, 2001.
BUDGETARY IMPACT
There are sufficient funds in the Liability Trust Fund to pay the settlement amount of$55,315.57.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and City Attorney.
RECOMMENDED MOTION
Approve/Deny a resolution authorizing the settlement of the claim of Bright Truck Leasing.
G.\CG\RESOLUTI\CLAIMLAW.DOC\Bright-MM-12-01.wpd
RESOLUTION NO.
WHEREAS, the claim of Bright Truck Leasing has been discussed in an Executive
Session properly called and held Tuesday, November 27, 2001; and,
WHEREAS, the Council desires to authorize the settlement of the claim;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be and he is hereby authorized to settle the claim of Bright Truck
Leasing in the amount of Fifty-FiveThousand Three-Hundred Fifteen and 57/100
($55,315.57) Dollars.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
December, 2001.
- Mayor -
G:\CG\RESOLUTI\CLAIMLAW.DOC\RESO-CLAIM\Bdght Trucking 12-01.wpd
L
'�'" Cit y of Beaumont� �
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Tyrone Cooper, First Assistant City Attorney
MEETING DATE: December 11, 2001
AGENDA MEMO DATE: December 5, 2001
REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit styled
Janice Haynes v City of Beaumont, et al.
RECOMMENDATION
Council approval of a resolution authorizing the settlement of a lawsuit styled Janice Haynes v
City of Beaumont. et al.
BACKGROUND
Council authorized the settlement of this lawsuit in Executive Session November 20, 2001.
BUDGETARY DAPACT
There are sufficient funds in the Liability Trust Fund to pay the settlement amount of$30,000.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECON 4ENDED BY
City Manager and City Attorney.
RECOMMENDED MOTION
Approve/Deny a resolution authorizing the settlement of the lawsuit styled Janice Haynes v Citx
of Beaumont. et al
GAMRESOLUTACLAIMLAW.DOCIAGEN MEMO-LAWUan Haynes-TC-12-01.wpd
RESOLUTION NO.
WHEREAS, the lawsuit of Janice Haynes v City of Beaumont, et al has been
discussed in an Executive Session properly called and held Tuesday, November 20,2001;
and,
WHEREAS, the Council desires to authorize the settlement of the lawsuit;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit of Janice
Haynes v City of Beaumont et al in the amount of Thirty-Thousand ($30,000) Dollars.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
December, 2001.
- Mayor -
G:1CGIRESOLUTRCLAIMLAW.DOC%RESO-LAWSUfTSHaynes 12-12-01.wpd
Convene Meetin g of the
Beaumont MultiLFamfly
Housin g Finance
Corporation
* Consider a resolution supplementing the resolution
adopted on October 14, 1991 which authorized the
issuance of Beaumont Multi-Family Housing
Finance Corporation Multifamily Housing Revenue
Refunding Bonds (Regency Place Apartments
Project) Series 1991
Orgain, Bell & Tucker, L.L.P.
attorneys at law
rleans street other offices
4�0 O
lance fox p. rl box street houston
partner
extension 1376 beaumont, teXaS 77704-1751 s Isbee
email Icf @obt.com telephone(409)838-6412
fax(409)838-6959
www.obt.com
December 7, 2001
Stephen Boncezk
City Manager
Beaumont City Hall
801 Main Street
Beaumont, Texas 77701
RE: Proposed Refunding/Refinancing of the Beaumont Multi-Family Housing
Revenue Refunding Bonds (Regency Place Apartments Project), Series 1991
(the"Bonds")
Dear Steve:
This letter will confirm our telephone conversation this morning regarding the Resolution
to be considered and approved by the Beaumont Multi-Family Housing Finance Corporation at
the meeting on December 11, 2001. The Resolution relates to the Regency Place Apartments
Refinancing Transaction that has already been approved by the Corporation and the City. In the
process of moving towards the closing of that refinancing transaction, the attorneys have
determined that it is necessary to amend and supplement the original Trust Indenture pursuant to
which the outstanding bonds were issued so that at the time of refinancing the funds that are used
to refinance the outstanding bonds are available to pay the bondholders and any other monies
held by the prior trustee can be released and used for the current refinancing transaction.
The amendment and the Resolution do not have any adverse or material affect on the
Beaumont Multi-Family Housing Finance Corporation or the City and I recommend that the
Resolution be approved.
Please call me if you have any questions about this matter.
12/06/01 15:53 $ 004
NOTICE.OF MEETING
OF THE
BEAUMONT MULTI-FAMILY HOUSING FINANCE CORPORATION
Notice is hereby given to all interested members of the public that the Board of Directors of
the BEAUMONT MULTI-FAMILY HOUSING FINANCE CORPORATION, will hold a
meeting as follows:
DATE: December 11,2001
TDdt,: 1:30 p.m.
Place: Beaumont City Hall
City Council Chambers, IS`Floor
801 Main Street
Beaumont,Texas
Subject: The agenda for such meeting shall include the consideration of and, if
deemed advisable by the Board of Directors,the taking of action upon a written
A RESOLUTION SUPPLEMENTING THE RESOLUTION ADOPTED ON OCTOBER
15, 1991 WHICH AUTHORIZED THE ISSUANCE OF BEAUMONT MULTI-FAMILY
HOUSING FINANCE CORPORATION MULTIFAMILY HOUSING REVENUE
REFUNDING BONDS (REGENCY PLACE APARTMENTS PROJECT) SERIES 1991
Uaen to Public: The meeting will be open to the public at all times during which such
subject is discussed, considered and fonnally acted upon as required by the Open Meetings Law
(compiled as Chapter 551 of the Texas Government Code Annotated, Vemon's 1994,as amended)_
This Notice of Meeting is intended to be a supplemental notice for the purpose of adding an
additional subject to the agenda for such meeting which has been called, and for which notice
thereof has been separately posted in accordance with the Open Meetings Law. If however, notice
has not been previously posted in accordance with the Open Meetings Law, this notice shall
constitute, in and of itself, a complete notice of such meeting for the purpose of discussing,
considering,and acting upon the subject matter stated above.
BEAUMONT MULTI-FAMILY DOUSING FINANCE
CORPORATION
By:
Name:
Title-
12/06/01 15:54 1& o05
LLS DRAFT 12-1-01
RESOLUTION
A RESOLUTION SUPPLEMENTING THE RESOLUTION ADOPTED ON
OCTOBER 15, 1991 WHICH AUTHORIZED THE ISSUANCE OF BEA.UMONT
MULTI-FAMILY HOUSING FINANCE CORPORATION MULTIFAMILY
HOUSING REVENUE REFUNDING BONDS (REGENCY PLACE
APARTMENTS PROJECT) SERIES 1991.
WHEREAS, Beaumont Multi-Family Housing Finance Corporation (the "Issuer") has
been created and organized pursuant to and in accordance with the provisions of the Texas
Housing Finance Corporations Act, Chapter 394, Local Government Code, as amended (the
"Act"), for the purposes of providing a means of financing the costs of residential ownership and
development that will provide decent, safe and sanitary housing for persons of low and moderate
income at prices or rentals they can afford; and
WHEREAS, the Issuer has heretofore issued its Multi-Family Housing Revenue 'Bonds
(Victoria Savings Association Certificate of Deposit Program) Series 1983A(the "Prior Bonds"),
pursuant to an Indenture of Trust dated as of April. 1, 1983 by and between the Issuer and
RepublicBank Houston,National. Association, as trustee; and
WHEREAS, the Issuer has heretofore issued its Multifamily 'Housing Revenue
Refunding Bonds (Regency Place Apartments Project) Series 1991 (the "Bonds")pursuant to an
Indenture of Trust dated as of October 1, 1991 (as supplemented to date, the "Indenture")
between the Issuer and The Bank of New York as successor to NationsBank of Texas, N.A.,
successor to NCNB Texas National Bank, as trustee(the "Trustee"); and
WHEREAS, the proceeds of the Bonds were applied pursuant to the Indenture and a
Loan Agreement dated as of October 1, 1991 (the "Loan Agreement") between the Issuer and
Regency Place Beaumont, LP, a California limited partnership which is registered to transact
business in the State of Texas (the"Owner"), to redeem the Prior Bonds; and
WHEREAS, it is proposed that the Issuer execute and deliver a Second Supplemental
Indenture of Trust (the "Supplemental Indenture") for the purpose of amending the Indenture in
certain respects, and the proposed form of the Supplemental Indenture is annexed to this
Resolution as Exhibit A and incorporated herein by reference; and
WHEREAS, pursuant to Section 1101 of the Indenture, the Issuer and Trustee may, from
time to time and at any time, with the written consent of the Insurer, but without the consent of,
or notice to, any of the Holders (as defined in the Indenture), and when so required by the
Indenture shall enter into an indenture or indentures supplemental to the Indenture as shall not be
inconsistent with the terms and provisions thereof(which supplemental indenture or indentures
shall thereafter form a part thereof), under certain circumstances, including to cure any
12/06/01 15:54 $ Z006
ambiguity or formal defect or omission in. the Indenture or in any supplemental indenture and
make certain other changes as provided for in such Section 1 101; and
WHEREAS, as set forth in the proposed form of the Supplemental Indenture, the changes
to be effected by the Supplemental Indenture will become effective only upon execution thereof
by the Trustee subsequent to receipt of consent to such execution and delivery from Asset
Guaranty Reinsurance Company, as Insurer, and the Owner.
THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
BEAUMONT MULTI-FAMILY HOUSING FINANCE CORPORATION THAT:
Section 1. The Board. of Directors (the "Board") hereby approves the Supplemental
Indenture in substantially the form and substance annexed to this Resolution as Exhibit A, with
such changes or additions thereto as may be approved by the President or any Vice President of
the Issuer (upon advice of counsel to the Issuer) and the President or any Vice President of the
Issuer is authorized and directed, for and on behalf of the Issuer, to date, sign, and otherwise
execute the Supplemental Indenture and the Secretary or any Assistant Secretary of the Issuer is
hereby authorized to attest to the Supplemental Indenture on behalf of the Issuer, and such
officers are hereby authorized to deliver the Supplemental Indenture_ Upon execution by the
parties thereto and delivery thereof, the Supplemental Indenture shall be binding upon the Issuer
in accordance with the terms and provisions thereof.
Section 2. The Issuer shall take all action necessary or desirable in conformity with the
Act for carrying out and giving effect to the actions described in this Resolution, subject to the
terms and provisions therein, and any other instruments authorized by this Resolution or required
to effect the actions contemplated hereby.
Section 3_ The President or any Vice President of the Issuer is authorized to approve
such changes to the Supplemental Indenture as each of them deem necessary or appropriate. The
execution of the Supplemental Indenture by any such officer shall constitute conclusive evidence
of such approval.
Section 4. This Resolution shall be and remain inrepealable until the Bonds or interest
thereon shall have been fully paid or provision for payment shall have been made pursuant to the
Indenture.
Section 5. If any section, paragraph, clause, or provision of this Resolution shall be held
to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph,
clause or provision shall not affect any of the remaining provisions of this Resolution. In case
any obligation of the Issuer authorized or established by this Resolution or the Bonds is held to
be in violation of law as applied to any person or in any circumstance, such obligation shall be
deemed to be the obligation of the Issuer to the fullest extent permitted by law.
Section 6. This Resolution shall be in full force and effect immediately upon its adoption.
2
12/06/01 15:55 v U007
Adopted this 11th day o£Uecember, 2001.
BEAUMONT MULTI-FAMILY HOUSING
FINANCE CORPORA"HON
By.
Title:
Attest:
Secretary
(SEAL)
Signature Page
07903:81431:DALLAS:978845.1
December 11, 2001 AUMON 1 WW
0-71Y R OF COMMERCE
D READY FOR BUSINESS
The Honorable David Moore,
Mayor, City of Beaumont
and Members of City Council
801 Main Street
Beaumont, Texas 77704-3827
Dear Mayor Moore and Council Members:
On behalf of the Beaumont Chamber of Commerce and the Beaumont Economic
Development Foundation, I am requesting your consideration of renewing the partnership
and funding assistance from the City of Beaumont toward our community's 2001-2002
economic development program.
We cordially request economic development funding of$50,000 from the City of
Beaumont. This funding is utilized to perform marketing, business recruitment, and
retention services.
We will conduct a 2001-2002 fund development campaign through the Beaumont
Economic Development Foundation, which will include investment from area businesses,
individuals and other entities. Our funding goal from this private sector campaign this
year will be $120,000. The Chamber of Commerce will continue to provide dedicated
staff resources from its general budget for approximately$134, 152. Combined the total
budget for our economic development effort will exceed $290,000.
We very much appreciate your continued support and look forward to working with you
in the future.
Sincer ,
James E. Rich,
President
An Accredited Member Of The United States Chamber Of Commerce
450 Bowie Post Office Box 3150 Beaumont,Texas 77704 409.838.6581 Fax 409.833.6718
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2000-2001 Economic Latcr from the Cbairman
Development Fund
Investor Honor Roll
GOLD STAR ($5,000 or more)
Beaumont.Automobile Dealers T
Cite ofBcaurnont
CHIUSTUS St. Elizabeth It has been one of the tastest years in
Enter L
recent i-nernorv, and I have crilovcd
Hibernia Bank
everN, moment of it. It has really been a
ExxonlMobil Oil
Port Of Beaumont pleasure to serve as your Chairman for
Sh Texas Economic Dec. Foundation
the past},ca•. I believe the Chamber has
met many challenges head on and will
.'r-A A SILVER STAR ($1,000 to$4,999) Continue to tackle the tough economic
American Valve & Hvdram
problems that will certainly come our
BASF way.
Bank One
Bo Mac Contractors
Coburn Supple four C.harnbcr staff, the board and its
Corm's man\• volunteers made many contribu-
1)cli ManapIcincilt tions to out-community during the year
1)UPOnt that have and will continue to provide
GoodvcarTirc & Rubber Company the catalyst l6r economic deNrclopnicrit.
I.an-tar Advertising in the future.
Market Basket
IMason Construction I Nvant to mention just a fete of the
Mchaffv & «'ebcr, P.C. things where our Chamber, including
.Memorial Hermann Baptist Hospital
Neches Industrial Park Our city and county leaders, plavcd a
Phelan Investments vital role:
Reliant Encrp, Entex
SOUthTrUst Bank Business retention and job creation - Our Chamber purchased and rclo-
Southwestern Bell Our program of visiting with Our catcd into our own building that has
--'.rA BRONZE STAR (Up to$999) local business leaders and owners and will continue to make our
has paid huge dividends; this Chamber a 111116 more vibrant
American Building Maintenance includes such businesses as Corin's, organization in the years ahead.
Atofina Chemicals NN7cstTcicscrN,iccs, our ongoing
Automatic Pump and Equipment
Beaumont Hilton support and start of construction of Also, as VOU all know, during the year,
Bill Clark Pest Control the Southeast Texas Entertainment we hired a new president, Jim Rich. I
Blood and Plasma Research Complex lead by Our Count-\' judge know with this new leadership group,
Burn's Properties Carl Griffith Jim Rich as president, along with our
Cl1iSLUn Resource Management new chairman, the board, and the
Card, Inc. Our leadership role in "Regional Chamber staff, that the N,ear 2001-2002
with Financial Cooperation" ith tile Surrounding will be a banner one for Beaumont.
Eastharn Forge, Inc. cities, counties, state and fcdcral lead-
Foxworth Real Estate
G.A.J. Investments ers, education providers and private I want to thank the board that served
Gernier, Bernsen & Gertz industry to maintain and attract with tile, the staff, and all the volunteers
Giglio Distributing industry and businesses to Bcaurnont who gave many hours of their time and
Holiday Inn Midtown and/or to Southeast Texas expertise in making this past year a very
Lamar Bank positive one and a verN, rewarding
Mcl)onald's Restaurants • Provided strong Support to our area experience for rric.
Mark Williams I Ionic Builders state representatives Including testi-
Jklichael I.ce Advertising I
nion • in Austin that played an irnpor- Again, my thanks fior all vour support
Munro's
tant role in retaining Our Southeast and having me as your Chairman for
Nichols Company
Procter Company Texas junior water rights this past year!
Saladin PUMP
Spindlctop Hill Properties • Continued Support for the Study fior
Texas Coffee Company deepening and widening the Sabine-
Texas Industries Neches water-wav that will assure Our
Triangle Marine local area businesses and industries
Tytcx Properties have access to global markets Roy E. 'Wells
2001 Annual Report
Economic Development summer\with plans to expand their local oper- downtomi redevelopment and other experts.
ations. Home Care Supply who leased space Press conferences were held at the Cite
The business retention and recruitment in Edison Plaza is another example of a local Council chambers in October,January,April,
cffurts of the economic development di\ision business expansion aided by chamber staff' and July to report on economic activity.
met\\ith significant success and demonstrate
the benefit of having a strong friers on Keeping an cyc on the long tern needs of the Chamber staff responded to fluty-five
economic development by the Chamber of area is a major focus of the economic deyel- requests for proposals based upon specific
Commerce. Long term eff<rrts to improve the opnient efforts and this year emphasis .vas business leads and over one thousand general
Sabinc-Neches Waterway and expand placed on the importance of legislation to requests fill-information about doing business
international trade were emphasized establish a ne\w Jefferson CountV Water\wav in Beaumont.The area enjoyed major
throughout the year. and Navigation District to insure proper progress with new retail development and the
maintenance of Sabinc-Neches\Vaterway. announcement of'scvcral nc\\•projects espe-
The fruits of recruiting a major new employer The benefit of expanding international trade cialh'the fifn-fOnr million-dollar expansion at
to the community were realized ,vhen Nest through the Port of Bcaurnont is a high pr- Nicinorial Hermann Baptist Hospital.The
1cleSenices Corporation of Omaha, ority and fbrnied the premise fir an historic ability to respond quickly to requests for
Nebraska,opened its 25th customer contact Visit to Cuba in January 2001.The Visit demographics,trends,and resource infornia-
center at the Village Shopping(:enter in established the beginning of relationships, tion about the area is the cornerstone of any
January 2001.The press conference to which will be helpful,as trade with Cuba economic development program. The contiri-
announce the project\vas held on November becomes a reality. Another major activity to uous updating of materials and the\\"cb-site,
28,2000 and the chamber assisted\\ith a job foster trade occurred with the Texas Trade & www.bintcoc.org is Vital since more and more
fair conducted at the Civic Center on Investment Mission to Mexico City on site selection research is initiated via the
December G,2000. Efforts to qualifi•this August 22-24,2001.The Beaumont Internet.The clMsion initiated the publica-
business attract ion project under the'Texas Chamber of Commerce was one of tell spun- tion of a quarterly economic review,which is
Enterprise 'Lone Program were succcssfid soring communities who participated in the disseminated electronically to a wide audi-
along\with a grant request submitted to the event sponsored by the Texas Department of ence,a publication on ne\v development and
Texas NVorkforcc Commission for skill dewcl_ Economic Development. Joining chamber expansions,and other publications highlight-
! opment fluids.\Vest hired as many as 1 100 staff'\were representatives of the Port of ing current economic trends. Every quarter
employees during its first year ol'operation. Beaumont,American Valve & Hydrant,and Chamber staff participate in all extensive cost
Corporate leaders describe their Beaumont J&J Manufacturing Company. of living survey which was reported to
^l experience in wen•positive terms,and plans ACC R,' ,the Association of Economic
for iiirther expansion are undcr\\'ay.All open The economic dcwelopnient division \was rep- Development and Chamber of Commerce
boost was held in April 2001 for the comma resented by a nventy-three member council Researchers. The results vwere part of the
Wily,and Nest executives\were\welcomed at \\'ith the mission to enhance the economic national cost of ln\:iiig index. Chainbcr staff
the chamber's annual Lobsterfest Vitality of Beaumont through partnerships were active participants in the Texas
Celebration. with the City of Beaumont, lintcrgy, Economic Dewelopmcnt Council and the
11 Jefferson County,Beaumont Main Street,and International Economic Development
Our industrial gro\vrh and retention program the Partnership of Southeast Texas,the Council (formerly AEDC),two professional
continued to be emphasized .with visits to regional economic development corporation. organizations for economic development pro-
major employers to express appreciation for The Beaumont Economic Development fessionals.The spring conference of the Texas
their operations in Beaumont and to idcntit�- Foundation was established this year as a non- Economic Devclopnient Council was held in
opportunities fir growth. ,\layor David profit entity to develop financial resources to Beaumont,and the chamber\vas one of the
.Moore and a Jefferson County representative support the economic development program. local sponsors to welcome\isitors from
joined the Chamber leadership on a trip to Dalton Babineaux,president of American around the state. Chamber staff hirthcr par
the corporate headquarters of American Valve Valve& Hydrant,sen-es as chairman of the ticipated in Entergy's Team Cities Conference
& Hydrant,SOUChTrUSt Bank,and initial board. A fund development campaign in August 2001.
HealthSOUth in Birmingham,Alabama,in launched on February 14,2001 \\ith a kick-
April 2001. Local visits included the Port of off breakfast resulted in a record total of pri- The economic development division is
Beaumont,Exxonlslobil,CHRISTL;S St. \'ate investment. Jon Roberts,a national enthusiastic about the:Southeast Texas
Elizabeth Hospital,Xlemorial Hermann leader in technology led economic develop- Entertainment Complex and continues to
Baptist Hospital,and SOUtIvvesterI Bell. ment and a principal\witli TIP Dewelopmcnt support Jefferson County officials\vith the
Strategies, Inc.of Austin,Texas,was the fea- project including the eflort to establish a
The most note\worthv business retention\isit tured speaker.A fbllo\w-up breakfast to recog- regional\isitor's center and the discussions
and subsequent success involved the Remote raze the 2000-2001 Economic Development with a hockey franchise for the arena.The
Encoding Center of the U.S. Postal Service Fund investors was held on September 12, Chamber continues its support of the
located in do\wnto\vn Beaumont.Visits to 2001 \kith a presentation by Mark Dotzour, Crockett Street Entertainment District and
Dallas and Washington were made as the chief economist for the Texas A&rVl Real participated in the waterfront and downtown
decision to close additional centers\vere Estate Center. development brainstorming session hosted by
weighed by postal officials.The Beaumont a consultant on December 13-14,2000.
location survived the latest round of closures The division sponsored regular economic
allo\king the work of the other plants to be
analy
workforce sis panels who gathered and shared The Southeast Texas Economic
transferred here and the orkforce to increase information about Beaumont and Southeast Development Foundation is housed at the
to over eight hundred.The Chamber was Texas. Community areas represented on the Beaumont Chamber of Commerce and is
panel included real estate transportation, supported by the staff. The Chamber's Vice
also successtitl in proiding assistance to 1 � Pp
Phoenix Millwork who purchased property to \workforce,and government.Other areas President for Economic Development serves
build a new manufacturing facility during the included convention and tourism,retail,and as the executive director,and there is a thirty-
2
three-member board ofdirectors comprised section of Martin Luther King Parkway that Beaumont Chamber
of business and community leaders from passes through the Lamar University campus.
Jefferson,Orange,and Hardin counties. Foundation (dba
Chuck Ege,president of Bank One,'Texas, The Chamber directors supported the Leadership Education
serves as the chairman and Wade Billingsley,a SCi://'TECH Exposition,a business expo Foundation)
State Farm Insurance Agent,is the nice-chair- sponsored by Entergy to prepare and encour-
man. The foundation is a certified develop- age students for the future in the areas of sci
ment company licensed by the U.S. Small once and technology. The expo was at the The Leadership Education Foundation is a
Business Administration to market,process, ,\Iontagne Center February 17-18,2001; SOIU 3 tax-free organization that operates
and service small business loans. Job growth directors were asked to provide a booth and the Leadership Beaumont program,enabling
through local new business development is a talk with the students about how science and tuition and contributions for scholarships,
major goal of tl)c Chamber's economic devel- technology were used in their businesses. youth leadership and other educational
opment program and the foundation provides programs operated by the foundation to be
gro,.ying businesses with long term,fixed rate Assistance was given to BISD's business part- charitable donations.
financing for the purposes of acquisition of nership program to help match business part- The
land,buildings and/or improvements to con- ners\ith schools,and the education division prof Foundation sponsored two fundraising
struct new facilities.Two new loans were chairman served on the school-business part- projects. Spice of the Season was held
September 13 and a golf tournament on
authorized during the year including the nershlp advisory board.The Chamber
Fxecutive Inn,a hotel in Groves,Texas,and employed a West Brook I ligh School office October 1,benefiting the Foundation
The Christian General Store in Beaumont. Of education student 20 hours a week. S9>149;a Portia)of these fundraising dollars
significant note,the board of directors was a grant received front Entergy-Texas for
approved $100,000 in grants to area The Beaumont Chamber of Commerce rec- the Spice of the Season event in the amount
chambers of confnerce as a result of the ognized the Beaumont Independent School of S 1,500. Additional grants were received
accumulated success of the 504 program in District board of trustees for being named the from ExxonrlMobil Foundation and Hibernia
Southeast Texas. outstanding school board of•Texas for 2001 Bank f6r 52,500.
at the October 18,2001 membership lunch.
The Chamber expressed congratulations to The he Foundation directors met monthly,hold
Education Division r\lartha i Iicks,president;Woodro),v Reece, lug the annual meeting in October.
vice president,Terry Williams,secretary,
The education division has long recognized Christine Gavrelos, Dr.William Nantz,
the tic between quality schools and a success- Howard'Trahan, Jr.,011is Whitaker and Dr. Leadership Beaumont
fill community. The purpose of the educa- Carrol Thomas,superintendent,for receiving
riot division has been to reinforce those ties Leadership Beaumont graduated thirty-finer
the highest award from the Texas Association participants at a joint annual meeting and
\cith the Beaumont Independent School of School Administrators,
District, Lamar Uniyersitt�and Lamar graduation April 5,2001 at the Beaumont
Institute a nar Univ r by supporting pro Country Club.The annual meeting speaker
l,. pl g 1 lifter hearing last years annual meeting was Jack Y'iantsis,president and managing
grams which foster positive results. speaker,Dr. Robert Ballard,talk about the
director of Success Dynamics,Inc. Dalton
JASON Project,several local entities Babincaux,a 1979 graduate, .vas recognized
The division showcased what Lamar expressed an interest in getting the JASON
University and Lamar Institute of Technology Project started in Beaumont. The JASON as the ont Distinguished Leadership
have to offer the business community by con- Beaumont alumnus.
Alliance of Southeast'Texas,with Chuck
ducting a Chamber membership lunch at the Mason,president of;v[ason Construction as
r�Iontagne Center September 20,2001. chairman, has been established. Dr. Paula Texas St Leadership Bead Leadership is a member of the
Members of the first Fast I'rac class were T Texas State I.eadeuship Programs Association
Nichols, Lamar University,is director of the ,
< iesls. Speakers included Dr. Jimmy and the National l cadetship Programs
I P'< project. Fourteen area school districts,a pri- Association. Starla Garlick,2000 chairman,
Simmons,president of Lamar Universit•, Dr. vate school and the Texas School f6r the Dcaf
Robert Krienkc, president of Lamar Institute was recognized as i distinguished leadership
1 have been committed,and 157 teachers have alumnus at the national conference in
of Technology and Russ 1Vadciill,director f6r been trained. The live Tcle-presence«ill be Greensboro, North Carolina,April 27 30,
the Institute for Entrepreneurial Studies. The January 28,2002 to February 8,2002 at the 2001.
keynote speaker was Tom Flanagan,develop- John Gray Center. Therc«-ill be five broad-
er of Crockett Street Entertainment District casts%with 250 students attending each scs
and resident of James Flanagan Shipping
,• Leadership Beaumont alumni served on the
P J PP g sion.The JASON Project is an education steering committee,the advisory council,
Corporation. program that sparks the imagination of stu
nominating committee,admissions commit-
dents and enhances the classroom experience tec,youth leadership committees,the educa-
Six businesses were recruited to participate in through explorations with Dr. Ballard,a sci
Region�"s One For One program,designed Lion division of the Chamber,the professional
€ 1 b elitist and oceanographer. It exposes students resource bureau,the visibility committee,the
to partner uyith new teachers for the purpose to leading cientists who work with them to
g' Leadership Education FOURd'1t101] hind
of support and retention. examine the earth's biological and geological
raising project committees,produced a
development. newsletter and an alumni directory.
The Chamber supported Beaumont
Independent School District's fourth Urban 'Three entities, Lamar U'nivcrsity,the minority The advisory council appointed Bonnie
Education Summit held Saturciay,February 3, affairs division and the education division
2001. Chamber members ovkin,2002 chairman,to serve on the 10th
directors,and U
worked to devclop the Fast 1'rac Entrepreneur ,anniversary committee of L cadership
staffwerc summit facilitators. The Chamber training program that began October 2,2001
donated 30 logo caps as door prizes. ;ylore Southeast Texas,and along«uh the
b 1 1 at the John Grav(.;enter. Chamber members Beaumont Chamber of Commerce board of
than 2,000 people attended the session. and directors have signed u 1 p to be class guest� g directors and the Beaumont Chamber
speakers and mentors to those who complete Foundation directors approved raising the
The Chamber directors supported a grant the class.
r Leadership Beaumont tuition to$600.
request to improve the appearance of a
3
The 30th year of LB began August 2 with an passed during the 77th legislative session and Quarterly lunch meetings were sponsored for
all-day retreat. There are thirty-nine partici- is now subject to voter approval in Jefferson members of the Beaumont ciry council,
pants in this year's class. Skills training County.The division further urged area legis- Jefferson County commissioners,Beaumont
sessions have been conducted with Bessie lators to develop a state port strategy for Independent School District board of'
Chisum and Dick and Lura Hammond as 'Texas ports including assistance for capital trustees, Port of'Beaumont commissioners,
presenters. Community awareness program improvements to ensure their competitive Drainage District 6 board members, Lower
topics«ill be economic development,crime, position in the global marketplace. Neches Valley Authority commissioners,
duality of life,education and community Chamber executive committee,and state offi-
resources. An all day skills session on topics The dirision was a catalyst in the continued cials to discuss and identifi•emerging issues.
of leadership dynamics and expectations and formation of the Jefferson County Chambers
customs of difference cultures will be of Commerce Lcgislatiyc Response Team,
conducted in January. which was announced to the public on June Medical Affairs Division
6,2000 after organizational meetings.The
Two youth leadership programs were held in chambers of commerce in Beaumont,Groves, The medical affairs division continued to
;March and June. One program was present- Nederland,Port Arthur, Port Neches,and address the concerns from the membership of
ed to 42 BISD eighth grade students,and the the Golden Triangle Hispanic Chamber of the number of uninsured in Jefferson County
other program kicked offtlze ExxonMobil's Commerce formed a coalition to provide a and explored ways to reduce the numbers.
green-team summer work program for more mechanism to represent the views of their
than 90 students entering their senior year in members and provide an informed response The medical affairs division also conducted a
Beaumont high schools. to the area legislative delegation on issues that Survey to determine the informational needs
impact our cities.The coalition expressed of our chamber members. The following
their spirit of cooperation with the first were topics as a result of the survey.
Government and Public
Jefferson County llay Brealctast in Austin on
Affairs Division February 6,2001.A legislative agenda Federal and State Legislative Issues
adopted by the respective chambers' board of' impacting the healthcare environment:
The division supported historic efforts to directors was presented during this historic This is a pending luncheon based on out-
promote regional cooperation with activities legislative event in Austin. comes of\4edirire changes in our area. This
during the 77th legislative session to promote will probably better serve our members if pre-
legislative matters of importance to the The di\ision continues to emphasize federal sented after the first of calendar year 2002.
Jefferson County chambers of commerce and issues such as compliance with air qualin
I Southeast Texas.The City of Beaumont standards,support for the fitturc of the &eying the medically uninsured in
F1'2002 budget and financial direction U.S.Post Office Remote Encoding Facility in Southeast Texas:
dominated attention and was the focus of the downtown Beaumont,and the strengthening Luncheon Date:January 16,2001
division throughout the summer of 2001. of our national transportation infrastructure Location: Holiday lnn Beaumont Plaza
by ensuring full funding and reauthorization Sneaker: Clark Moore, EXCCtltiVe
The government and public affairs division of ports and waterways infrastructure pro- Director Ubi Caritas
prepared for the 77th Texas legislative session grams.A board resolution to the Outcome:The membership voiced their
with meetings with the legislative delegation, Environmental Protection Agency was appreciation of the information presented
extensive briefings with subject experts,and adopted urging the agency to finalize the about statistics in our area. They,were also
III membership surveys which led to the clean air plan for Southeast Texas.Support appreciative to Icarn of the medical resources
adoption of the chamber's 2001 Legislative for the Internet Freedom and Broadband available for their own employees.
Issues Agenda. Included were positions on Deployment Act was expressed by correspon-
water resources,transportation and infrastruc- Bence.The division carefully monitored issues Keys to evaluating insurance plans:
li titre,health,civil justice,higher education, Luncheon Date: February 8,2001
1 related to broadening of relationships with
public school education,economic develop Cuba for fittttre trade. Location: Beaumont Hilton
merit,and air quality.A dominating issue, Speaker:Stephen Hoffman,Sr.VP—Marsh
which led to several trips to Austin,was the The City of Beaumont FY 2002 budget and USA
effort to oppose the elimination of junior financial direction was the top kcal public Outcome:Very well received by audience.
water rights from legislation on water issue for the year beginning with participation Several chamber members attended their
resources.The chamber board adopted letters on the City Manager's Financial first-time luncheon due to the topic.
Ii and resolutions in support of a variety of' Improvement Team,review of the issues
legislative matters. for a proposed storm water utility,and the Occupational Health,American
proposed
effort to adopt a budget with no new fees or Disabilities Act,&Worker's
Beaumont Day in Austin was held on budget
Compensation: Implications for the
a tax increase. Beginning with a bud a sum P
- g b
February 26-27 when forty city and charnber - workplace:
_ _ mit on May 15 numerous briefin sand activ
g
leaders accepted recognition resolutions on Luncheon Date:August 23,2001 —Annual
P b hies were conducted throughout the summer
b
the house and senate floors,met with state to educate the membership,staff,and board Healthfair/Luncheon
legislators and agency representatives and on the financial issues facing the City of' Location: Beaumont Hilton
hosted a dinner at the University of Texas Beaumont.A resolution voicing opposition to S'eaker: Dr. Don Webb,Medical Director—
Club. State Senator David Bernsen closed the establishment of a storm water utility and DuPont,Beaumont&Orange
out the legislative session with a summary of' opposition to any tax increase Niithout further Outcome.The presentation covered broad
the key issues affecting Southeast Texas at the cost reductions and containment was present- topics and was general in information.
July chamber membership lunch. ed after a membership survey. Individual This was intentional to gather insight for
board members and staff worked diligently fixture"specific"presentations on this
The division continues to play a crucial role with city leaders who faced difficult choices to material. The feedback illustrated a desire to
promoting the Port of Beaumont and the finalize the FY 2002 budget. A renewed hear"specifics" mainly with ADA&Worker's
Sabine-Neches Waterway.Among the issues effort to work together to address the city's Compensation.
was support of the new Jefferson County requirements for growth and development
Waterway and Navigation District,which will amtimte with the new program year.
4
Medical Affairs collaborated with the govern- Clayton,Senator David Bernsen,Dr. Don program and has now been enfolded into the
merit and public affairs division to help keep Webb,Dr. Robert Kricnke,Dr. Jimmy College of Business at iamar University.
each other abreast of de latest healthcare Simmons, Russ Waddill,and Tom Flanagan.
issues. Both divisions worked in tandem to Facilitated an atmosphere of cooperation
address with the legislative delegation in In April,over 500 people attended among groups,organizations,institutions,
Austin the healthcare issues facing Southeast 1.obsterfest,an event that included a golf and individuals involved in economic
Texas. tournament,reception and steak dinner. development by actively trying to develop a
mentor program consisting of corporate
Membership Division Recognition awards were given to Bessie business to small business,minoritv business Division ri Chisum for volunteer of the bear,and Paula to
corporate business and minority business
Bothe was recognized as the Athena award to minority business. This mentoring
Added 116 new members to our existing recipient. program will give the protege the tools to
member base through the efforts of the enhance their business operationally and
membership director and the membership The Beaumont Hilton,South rust Bank secure procurement opportunities.
division. (mid-county location),World Gym and all
i•lunro's Dry Cleaners locations were the
Referrals of Chamber members were made in chosen sites to pick up your Beaumont Operations Division
response to over 600 inquiries for goods and Chamber of Commerce Directory and Guide
services. to Beaumont. Lunch was provided compli- The purpose of the operations division is to
ments of Johnny Carino's Italian Restaurant oversee and review issues relating to internal
Cummulus Broadcasting continued to offer and Subwav Sandwiches. Director, affairs to maintain effective operation of the
free radio ads to new Chamber members. distribution day was held December 14, Chamber.
2001. (tumulus Broadcasting was on hand to
The Ambassador Committee met monthly pro\ide live broadcasting throughout the day. After extensive research and clibrt,the
and continued their retention program by All members of the Chamber staff-and Beaumont Chamber of Commerce purchased
assisting our current members and adopting ambassadors were on hand to pass out the an outstanding facility at 1110 Park Street
new members either in person or by directories. that would meet the Chamber's current
telephone. needs as w-cll as any future growth require-
ments,and the Chamber office was relocated
An new gift certificate program was intro- Minority Affairs Division April 1,2001. In addition to the chamber
duced and approved to begin in October offices,there arc finer tenants in the building.
with a goal of marketing our members. This division is an advocate for job creation, A reception for departing President John A.
business development and retention,facilita- Breicr and an open house was held May 24,
The Member of the Month program was tort'of commerce,promotes business educa- 2001. With input from the public relations
introduced and will be implemented in Lion and supports entrepreneurssm within the and communications division,a new sign and
October as a means of retention by showcas- area serviced by the Beaumont Chamber of stain glass were designed and installed.
ing and recognizing existing members. Commerce.
Monthly meetings were held with the
35 minority-/women owned businesses were Rc-energizing small and minority businesses executive committee and the board of
added to the Chamber roster. in order to meet the goals and mission(s),we directors. Officers,division chairmen and
have encouraged Chamber members to assist directors were nominated for the upcoming
Membership survey/questionnaire was and support the following programs and/or year. Directors'election ballots were mailed
developed and mailed to existing chamber endeavors: and tabulated. The Chamber membership
members who were 60 or more days past elected six directors fora one-year-tern and
due. Facilitated and supported programs that six directors for a three-year-term.The
prepare students to enter the workforce and Chamber board elected new•officers and
The Chamber of Commerce continued to become entrepreneurs by providing speakers division chairmen. An audit of the 2000
host the Business Interchange. It is a net- and a forum for the students to become financial statement was completed.The audit
working event held each Friday morning at educated about entrepreneurship and interact coyer letter was reviewed by the operations
the Holiday Inn Midtown. It is open to the with business people who have made a division and staff and approved by the board
public and each person attending is given one success of their business. of directors.
minute to promote his/her business. Each
year this group has continued to grow and Facilitated the development of•programs to Upon the resignation of John Brcicr,
this networking event has become an invalu- enhance the potential for business retention president of the Beaumont Chamber of
able opportunity to all Chamber members and growth by sponsoring sonic major Commerce since November 1998,the board
both old and new. seminars: of directors appointed a selection committee.
Capital and Financing program After review of 14 applications,three candi-
Beaumont Enterprise Specialty Publications int«rmation about the business dates were chosen to be interviewed by the
offered special discount rates to new opportunities from commercial,state, selection committee and the directors. Upon
Chamber members. federal and the local state educational recommendation of the selection committee,
institutions. the Chamber directors approved the recom-
38 ribbon cuttings and 8 business after hours mendation for James E. Rich,vice president
were conducted in an effort to help support Facilitated services to entrepreneurs,minority of economic development at the Chamber,to
our businesses through networking events. businesses,and small businesses by sponsor- be offered the position. Mr. Rich began his
ing an Austin trip to educate members about duties as president of the chamber on August
Bi-Monthly luncheons were held featuring State of Texas Historically Underutilized 17,2001.
dynamic speakers such as Judge Carl Griffith, Business(HUB) Program and the develop-
Clark Moore,Stephen Hoffman, ment of a Fast Trac Entrepreneur training
Congressman Dick Iampson,Michael
5
F
The Chamber assisted Options Resource and Beaumont was created to widen the focus not Transportation Division
Career Center, Inc., Houston,Texas,a busi- only on the Chamber,but on entertainment,
ness that contracts vrith companies to assist activities and dining in the area,as well as The transportation division continues to
employees and families with their relocation Chamber events and programs. emphasize the importance of transportation
needs,by supplying relocation information to systems to the economic well being of our
help local businesses who brought new Twelve issues of Headline News,a one-page ccollollly.
employees into Beaumont. newsletter,were c-mailed and/or faxed to
every member of the Chamber. The major emphasis of the division continues
Statt participated in cenilputer training to be the Port of Beaumont and the future of'
sessions,telephone usage and customer Piye billboards per month remain under the Sabine Neches Waterway."The United
service seminars,the National Association of' Contact to publicize Chamber events, States Army Corps of Engineers study of'
Nlembershi 1 Directors conference in accomplishments and benefits.
1 1 navigation improvements 1S Ill 10 CCSS and
Toronto Canada Leadership Beaumont and � p P `
> p the Chamber continues to Create attention
the United States Chamber of Commerce The "Dining& Shopping Spree"coupon and educate local leaders and the public on
Institute for Organizational Jlanagement in book continued to be published to encourage the importance of the study as a regional
Tucson,Arizona.They also attended people to dine and shop locally,and the economic development issue.
meetings of the Texas Association of'Business number of coupons available to consumers
and Chamber of C:onnnerce and the Gulf increased front the previous year. The division worked vyith the Icgislatiye
Coast Chamber Executives. delegation,area clambers ofconlnlerce,
Committee continued to monitor the industry,port authorities,economic
Chamber employees made contributions to progress of displays at the Jefferson County development organizations, and the
support the United Way campaign, Airport. Jefferson County Navigation District to
participated in the Christmas Anqel T-ee gift support legislation to expand the Jefferson
program and were Volunteers at the The committee continued to support the County Naterway and Navigation District
Spindletop 2001 celebration. Chamber in Creating the Alembership to incllyde all of Jefferson County. The new
Directory by reviewing editorial and making navigation district Will continue to have the
To help with the New York Recovery effort, changes as needed. sole responsibility for maintaining the
the Beaumont Chamber of Commerce waterway from the Gulf of 1llexiCO to
became an out of state member of the
;Manhattan Chamber of Commerce.This Small Business Beaum 'l ont. he legislation was introduced
Partnership Division and Passed the 77th Legislature and is now
chamber lost a number of then'chamber Subject to Voter approval. A major effort to
members in the September 11,2001 terrorist inform the membership and educate the
lt
attack and would heed to assist may of their "171e division coordinated the nomination
process,followed by a review by the public concerning the importance of the
members get back on their feet. P formation of a countywide navigation
committee and interviews of the finalists for
A board retreat to plan the 2002 program of the outstanding persons for the prestigious district was conducted through public
work was facilitated by Michael Clayton, Small Business Person of the Year award. meetings,literature,and press releases.
resident C 1-O Better Business Bureau of The winners were Toby Hayes of J &J
P / The chamber sponsored,with other
Southeast on September 17,2001. Iviallufacturing and J. David Hellman of chambers of commerce and economic
Shepherd's I aundry. Both firms were development organizations,an area mixer at
The Chamber contracted With Target honored May 9th by the local SCORE the Southeast"Texas Regional Airport to
Marketing to publish a new street map.The Chapter and at the Chamber's small business draw attention to the facilities available for
ma will be ready fin•distribution in luncheon. At that luncheon,tivent\,-fire
p meetings and to encourage local air travel.
November. small businesses showcased their firms with
booths,nenvorking,and promotional items. Other transportation activities included the
Texas officials designated the week of Michael Clayton of the Better Business effort to secure the approval of fields to
October 22-26,2001 as Chamber of' Bureau of Southeast Texas gave a wonderful)
build the access roads to the Southeast
Commerce Week. A proclamation from the motivating talk that inspired all in attendance. Texas Entertainment Complex.
City of Beaumont was presented to the
Beaumont Chamber of Commerce October The 8dl annual Business Showcase occurred "The clamber also met with Department of"
23,2001. A business after hours celebration in September of•2001. Nearly 100 Chamber
was hosted by Collision and Classics,and members showcased their business in all Transportation officials during the annual
Beaumont Chamber President Jim Rich exhibit booth.The Showcase had a new look trip ev Austin t t encourage state legislation
joined area chamber leaders from Port this year with new publicity,a postcard
to develop a state port strategy for Texas
1 ports including assistance ti>r capital
Arthur,Orange and Silsbee on the mailing to 10,000 local businesses,and the sho h�, v„
offering of business-related work improvements.
Jack Pieper Show. I s. The
luncheon that accompanied the Showcase
Public Relations & fearurcd a speaker,Mark Dotzour, Ph.D.,
Chief E,cononlist/Director of Research,Texas
Communications Division A&FYI who talked about what is happening
to the econc»nti,of Southeast Texas. The
The public relations and communications winners of the single booth contest was
division reviewed and provided input for Commercial Metals Company,and the
Metropolitan Beaumont and Southeast'l'exas double-plus category was won by
Business Monthly. The division worked CHRISTUS St. Elizabeth Hospital. Even in
closely with the Beaumont Enterprise,who the light of the tragic terrorist attack on that
publishes both publications. A story budget same day,exhibitors drew a crowd of over
for the entire year for Metropolitan 2000 to the Civic Center.
6
2002-2001 Executive Committee,
Division Cbairmen & Vice Chairmen
Chairman: Medical Affairs Division Small Business George W.Gardner
Roy E.Wells Partnershi p Division President
Industrial Park Manager Chairman: G.A.]. Investments&
E.I.d Chairman:
uPont de Nemours& Harold Patton Associates,Inc.
Company Senior Vice President Johnny Casmore Tom Gober
,Memorial Hermann Baptist Legislative& Regulatory Advisory President
Vice Chairman: Hospitals ExxonNtobil Refinery
Bessie Chisum Entre Rosiness Technology Center
Owner Vice Chairman:
Chiswm Resource Management Vice Chairman: De«•e1 J GOnSOtdin
b Randall Odom Robert Swerdlow
Director Business Development , :Attorney
Past Chairman: p Associate Dcanty roCessor NMchaffy&Weber,P.C.
CLIItISTUS St. Elizabeth Hospital Lamar L;nivcrsite
Dalton Babincaux
President Georgine Guillory
American Valve&Hydrant Membership Division Transportation Division owner
Revues
Fiscal Affairs Chairman: Chairman: Chairman:
Charles S. Ege Patch Rothe C. L.Sherman Carolyn Howard
President President Consultant Executive Director
Bank One,Texas,N.A. Four Alarm Productions,Inc. Ritter Lumber Company Beaumont Main Street
President: Vice Chairman: Vice Chairman: Robert Krienke
John A. Breier Adrian Hudspeth George Gardner President
Beaumont Chamber of Commerce Community Reinvestment President Lamar Institute of Technology
Compliance Officer G.A.J. Investment Associates
Jim Rich Iibernia Bank Eric Meadows
Beaumont Chamber of Commerce Real Estate Manager
Minority Affairs Division
2000-2001 Directors Phelan Investments Economic Development
Eddie Arnold Gary Ntoore
Division Chairman: Regional Manager Dcan of the College of Business
George Gardner Southwestern Bell Telephone Lamar University
Chairman: President
Ed Myers G.A.J. Investments&Associates Dalton Babineaux Ed 'vtvcrs
Administrator/CEO President Administrator/CEO
CHRISTU'S St. Elizabeth Hospital Vice Chairman: American Valve & Hydrant Christus St. Elizabeth Hospital
Luis G.Silva Manufacturing Company
Vice Chairman: Silva Employment Network Jolene Ortego
Eddie.Arnold Sam Bean Director of
Regional Manager President Communications/Publications
Southwestern Bell Telephone Operations Division NAACP Beaumont Independent
Chairman: School District
Nancy Beaulieu
Education Division Robert Kricnke AT,\Marketing& Advertising Harold W. Patton
President Hibernia Beaumont Senior Vice President
Chairman: Lamar Institute of Technology
DMcm Hermann crmann Baptist
Gary Moore Paula Rothe Hospitals
Dean of the College of Business Vice Chairman:
President
Lamar University Mike Ireland
President Four Alarm Productions, Inc. Lou Perfetti
Vice Chairman: Efficient Systems Plant Manager,Nest Plant
Tom Burger Goodycar Tire & Rubbcr Company
Larry Beaulieu
Facilities
Station Manager Public Relations & i\Manager
Exxon
KFDM-'Tti'Channel G Nlobil J. Milton 1 rcw�itt
Communications President
Division Bessie F.Chisum J.M. Prewitt Company
Government and Public Owner
Affairs Division Chairman: Chisum Resource Management C.L.Sherman
Nancy Beaulieu Consultant
Chairman: Vice President Marketing& Joe Domino Ritter Lumber Company
Bessie Chisum Advertising Presidcnt/CEO
Owner Iibernia-Beaumont Entergy Roy E. Wells
Chisum Resource Management Industrial Park 4anagcr
Vice Chairman: Charles S. Egc E.I. DuPont de Ncmours
Vice Chairman: Carolyn Howard President
Lou PCrfetti Executive Director Bank One,Texas,N.A.
Plant Manager,West Plant Beaumont Main Street
Goodycar•fire &Rubber Company
7
Advisory Directors Johnny Casmore Sharon 1). Evans William Lee
Legislative&Rcgulatory Advisor Attorney' Customer Service Nlanagcr
Lonnie Arrington F.xxonMobil Law Offices of-Sharon 1). Evans Erucrp,-Texas
President
Fabricon International,Inc. Nlichael Clayton Kylc I laves lane E. Parker
President/(-E0 Executive Assistant to Citv h'Vlanager Vice President
Dannv Babincaux Better Business Bureau of & Economic Development Director Community Bank
President Southeast'Texas City of Beaumont
Air Comfort,Inc. James M. Roberson
Gerald Condon Adrian Hudspeth Executive Vice President
Slate Babincaux President Community Reinvestment Community Bank
Vice President Collision &Classics, Inc. Compliance Officer
Air Comfort,Inc. Hibernia Beaumont Robert A.Swerdlow
Rex L.Cottle Associate Dean/Professor
A. B. Bernard Corporate Vice President of Jay Johnston Lamar University
President Development District Manager
BGl Enterprise,Inc. Transit Mix Concrete and Reliant Energy Entex
.Materials Company
Cbambcr History
In January 1903, 160 citizens under the leadership of Sam Park which Nve all desire to realize."
i
met in the City Council chambers and organized the Beaunxn)t Now,almost a century later, the Beaumont Chamber of Commerce
Chamber of Commerce. They agreed Beaumont had arrived at a remains a catalyst for economic development,legislative and public
pivotal point in her history. "With unsurpassed natural advan- policy initiatives, leadership,and community development. The
tages," they said, "Beaumont can accomplish whatever she Chamber is a strong advocate on behalf of the business community
undertakes and a well connected commercial board will be for the overall development of•Southeast Texas' exceptional quality
of incalculable benefit in the bringing about of those results of life and economic growth.
Chamber Mission: The Beaumont Chamber of'Commerce serves its members and community as a catalyst to have a
positive impact on the economic well being of Beaumont and the surrounding region.
Adkins,Tish Breaux,Tim Dicun,John Grimes,Colleen Kuenzli,Donovan .'door,Tcd Roberson,Mare' Thomas,Karen
Aldrich,R.C. Brenner,Deborah Dixon,Kinnberk Guidry,Darrell J. Laday,Samucl 1'. Moorc,David Robinson,Charles W. Thompson,Caralce V.
Alfred,li\crcttc Broussard,Joseph Dobranski,Christv Guillorv,Gcominc Lannb,"Inmmy Mtxxc,Ed Robinson,Dean Thompson,Skylar
Alice,Donald Broussard,Louis Dodson,Maric Gustafson,Paul LeBlanc,David Moore,Gary A. Robinson,John W. Timaeus,Dana
Allen,Barry Burger,Tom Doguct,Veronica Hagan,Robert\y. L -Blanc.Richard Moreland,Virginia Roby',John Tortorice,Joe
Allen,Carla Burgess,Iola Dollarhidc,Darran Halliburton,Colleen Lee,Williann Morrison,Andrea Rogers,Herman F. Trahan,I loward
Allen,Joshua W. Burrell,Neil A. Dollingcr,John E. Hallmark,Dan S. I cgcr,A.J. %Houton,Camille Rogers,Pamela 'I'ranuncll,Janice
Allen,Mackic BnSlher.Sheri "Jcd" Hallmark,Wa\mon Leger,Beth \hrellcr,Kate Rogers,Regina Travis,Don H.
Anxs,Becky Buser,Steve Domingue,Mark I Iancock,Carolyn Leger,Par Munro,Bill Rogers,Victor J. Tricbcl,Carol
Arnold,Eddie Bvrd,Darbv Domino,Joe l lards)-,Kathleen Lcistcr.I,aune Hall Myers,Ed Rollins,Fayc Trlowskv,Cliana
Arnold,Gcnc Cansler,Linda C. Douglas,Dianna I lardy,Irene Liming,Barbara Nantz.Bill Ruddv,Kenneth F. Turk,Jeanie
Arnold,Sheri Carlucci,Joseph Duchin,Brian Harmon,Batt' Little,Cori Ncild,Patricia,IM. Runion,Shcti Cmphrcyc]'alter
Arrington,i.cnnic Carter,Nicholas Duplechin,Ida Lee I lapis,Jennifer I cake,David Neild,William L. Rutherford,Verna Vacck,Carlos
Avcry,Yolanda Casmorc,Johnny Durio,Katie Harnson,Torn I.cxb,Fred Nelson,Doug Samuel,Audtyin Vaughn,David
Babin,Brian Castic,Ixnn Dutt,Jcrry B. Hawa,John Long,Jamic Nee,Alyce Sanler,Brian Victor,Mark
Babincaux,Bret Chargois,Timothy F.ds+ards,Lum C. Hawkins,Claudic D. Long,Robyn Nichols,Howard G. Saunders,Adam Vickers,Rcagan
Babmeaux,Dalton Chase,Doug Edwards,Mar,Ann I laves,Kylc 1 ord,Eeehcn Nichols,Lane Saxc,Brenda Waldcn,Sallv P.
Babincaux,Dana Chase,G.R."Rocky" Fee,Charles S. I layhurst,Les Louvicrc,Penny Nichols,Paula Sdnaiblc,Curt Walden,T.I.\nn
Babincaux,Danny Chanyell,Jimmy Eisen,Jay I layncs,Jessie Lowery,Jennifer Nix,I L.M. Schultz,Russ Walker,Kathryn
Babincaux,Slate Chisum,Bessie Ellendcr,I Lilda Hemmings,Andv Luedke,Kimberly Nolen,Christi Scoggin,Arun \Vare,Sheila
Bailcy,Linda Clark,I)ill Evans,Pannccia Henderson,Lois B. Lungs,Dcores O'Neill,Rhonda Scott, Warncr,Toni
Baker,'1'Mia Clark,Gcarld Evans,Sharon D. Henrv,Wadc Mabry,Chris Odonn,Rmdall Segura,Carl Wascom,Jerry
Balfanz,lames A. Clark,Joseph Etsing,Thomas-l. f lickman,Beverly' Maloney,lion Oliphant,Denise Shelton,C.A. Webb,Oveta
Barbcr,Forest Clark,Laura Fair,Emile I licknian,Bill Manlnart,Fred Oliver,Carolyn Sherman,C.L. Wcinbaun,Charles H.
Barrett,Richard Clark,Nell Finlcy,Barbara I licks, 4artha Mann,Margic Ortego,Jolene Shirk,Charlie Weinbaum,Johnny'
Barron,Barbara Clayton,Michael Fiorenza,Cassic I lill,Poll, Mannschreck,Dan Owens,Patti Shults,Staa Wells,Bovd
Bartos,Ken Clifton,L.conard Flos\crs,Polk Hiltpold,Karen Mason,Charles Parker,Jane E. Silva,Luis G. Wells,Roy I?.
Beadle,Drew Clocren,Petcr Foxworth,Buddy Holland,Mike Mason,Jinh Partner,David Simmons,Jimnny Wenner,Robert D.
Bean,Sam Coco.Ant)- Frunk,'lonn I lolland,\Vaync ]Aason,Patsy Patterson.Bobbic Simon,Cheryl West,7.eke
Beaulieu,lane Code,Rhctt Galassi,Ann A. Holly,Janus L. kkC:allum,Nell Patton,Harold W. Simpson,�iichacl Whreler,Lee Y.
! Beaulieu,Nancy Coker,Gan W. Gandy,l sigh Holmes,Ingrid Mc(:aulc\,.Anne Pearce,Jan Snnit),J.Mitchell \]heeler,Run
Becker,Carl C;okinos,Andrew Gardner,Gcorgc W. Holmes,Shannon McClure,Shelton Pcdcn,Brandon Smith,Kirk M. Whitaker,011is
Bennett,Richnnond Cokiuos,Jinunic Gardner,Jcff Holt,Tint McDonald,William Pcrfcrri,Lou Smith,Lester C. White,Matthew
Benoit,Susan Collctti,Chris Garland,Mark Howard,Carotin McDonnan,Robcrt Pcro,David Snnith,Lulu L. Whitc,Wilton G.
Bernard,A.B. (. vhdon,Gerald Garlick,Starla Hudspeth,Adrian McFarland,Mike 1'crrett,George Smith,Sant Willians,Chcryl
Bernard,John Cooley,Pain Gauthicr,Tiffany Huff,Ken AlcGlonc,Marianne Peters,Laura Smith,Shannon Willianhs,Ernic
Bernsen,Davd Corder,Bobby Gacrclos,Christine Iiughes,Anna McHann,Paula Pettier,Cecil Sonnier,Virginia Willieuns,Terry D.
Berry,Arthur Cothran,K:n Gce,Iarr% Ireland,Mike AAcKinncc,Karen Pc\ton,\like Standley,Patti Winnbcrly,G.A.
Beuhler,Sharon Ccntic,Rex L. Gentile,Jada Jackson,Kathleen McMurray,Kinn fools.'Nlar\W. Stanton,Denis Ann Winnberh',Ruby
Bicber,Roland Cox,David Geyser,Bill Janus,hr\ McNichoias,James D. Preaitt,Milton 1. Stevens,Stcvc Wisc,Pamcla
Billingsley,Wade Cousins,Stephanie Gilcs,Tamara Janes,Rhoda Mc\inch,William Prichard,David Stcwart.Jan Wolt;Michas
Blanchard.Chad Crawford,George Gobcr,Toni Johnson,Jackie \Acadows,1•:ric Quinn,Barbara Stonha,Steve \Vorthcv,Tim
Blanchette,Donna Crawford,Ronald Goebel,Dave Johnson,John Vldancan,Russell M. Ramos,Angcl Strassburger,Julic Ycntren,Dorothy
Block,JoAnn Crawford,Waltcr Goldbeck,Tanva Johnson,Minann Merriam,i larland Ramos,Lolita Strauglact,I Iclxrt Young,Gwcn
Bloodsworth,Cindy Crolcy,Jerre Gonsoulin,Dcwcy Johnston,Jay Midkiff,Rhonda Randall,Slav Stroder,Robert Young,Kristic
Bonczek.Stephen (;role\,Maurcen Gooehnan,Ron Jones,Ransom Miller,Kinn Reaud,Jon Sullivan,hric
Bordelon,Jayne Crook,Walter C. Goodson,Guy Kaszynski,Gay' Miller,K.Scott Rcckline,Lewis St\crdlot\,Robert A.
Bothc,Paula Crow,Troy Graham,\Vide Kennedy,Stephen Milligan,Mary Recce,SVoodrm% Taft,Donald
Bourclier,'Icrry Curtin,Larry Grantham,Stcvc Kiefer,Michael W. Mirabcla,Linda Reed,Ronald D. Tapley,Allan
Boyd,Gwen Daniel,Kandy Gray,Maurine Kimbrough,Bill Miranda,Willianh F. Reese,Jerry Tennison,Donna
Boykin,Bonnic Dclgadillo,Christina Grecnauvay,Celia Kirkland,Rov D. Monea,Lcon Ricc,Herb Thcobold,Mark
Breaux,9Acrlin Dcshotcl,Joe Griffith,Carl R. Krienkc,Robert Monroe,Vcrnicc Ritter,Allan A'honnas,Carol
8
Beaumont Cbamber of Commerce
2000 - 2001 Financial Review (internally prepared)
Balance Sheet
Assets
September 30, 2001
Current Assets:
Cash 158,617.89
Dues Receivable/Other 11,696.38
Prepaid Expense 12,059.03
Total Current Assets 182,373.30
Property and Equipment:
Furniture and fixtures 103,345.26
Leasehold Improvements 6,338.79
Less: Accumulated Depreciation (72,417.57)
Total Property and Equipment 37,266.48
TOTAL ASSETS 219,639.78
Liabilities and Fund Balance
Current Liabilities:
Accounts Payable (9,486.04)
Deferred Income 93,866.04
Total Current Liabilities 84,380.00
Fund Balance:
Unappropriated 135,259.78
TOTAL LIABILITIES 219,639.78
Statements of Revenues and Expenditures for the twelve months ended September 30, 2001
Revenues: Expenditures:
Membership ........................................363,396.21 Accounting................................... 5,253.25
Interest....................................................2,774.90 Advertising .....................................8.,110.78
Publications...........................................32,062.13 Bank Charges..................................1,131.78
City of Beaumont .................................50,000.00 Food...............................................2,419.72
Economic Development Project.............95,325.00 Office Overhead............................46,093.46
Projects ...............................................214,675.66 Personnel....................................286,789.63
Rent ......................................................26,087.50 Insurance......................................14,406.40
Contingency Fund.................................29,824.46 Printing .............................................795.00
Other ....................................................36,537.70 Postage...........................................8,221.00
TOTAL REVENUES ..................850,683.56 Bldg Rent/Maintenance ...............68,844.84
Transportation/Travel ....................9,677.26
Projects.......................................162,248.08
Economic Development..............213,181.74
Moving/Relocation ......................23,944.19
TOTAL EXPENDITURES......................851,167.13
9
Past Board Chairmen
1903 - 1904 Sam Park 1957 W.F. Reed
1905-1906 T.S. Reed, Sr. 1958. John E. Gray
1907 W.C. Tyrrell 19;19 W.D. Norwood. Sr.
1908-1909 S.G. Burnett 1960 Elmo S. Beard
1910 Joe E. Carroll 1961 J. Winston Procter
1911 C.R. Bone 1962 Ben J. Rogers
1912 W.P. Hobby 1963 Robert W. Akers
1913 J.J. Nathan 1964-1965 D. Pat Wheat
1914-1915 E.J. Emerson 1966-1967 R.M. "Jack" Frost
1916-1918 E.E. Plumly 1968 Wm. W. Phillips, Jr.
1919 Ben S. Woodhead 1969 Gus A. Becker
1920 John L. Keith 1970-1971 Mark A. Stcinhagen
1921 W.F. Graham 1972 Elvis L. Mason
1922 T.S. Reed, Jr. 1973 Robert Q. Keith
1923 A.F. Townsend, Jr. 1974 Carlton Baker
1924 H.M. Hargrove 1975 Maurice Mevers
1925 Joe Rosenthal 1976 Wm. E. `Bill" Ncild
1926 G.H. Shepherd 1977 Tom Lamb
1927 R.H. Kinsloe 1978 Tommy LeBlanc
1928-1929 P.B. Doty 1979 Norman R. Lee
1930-1931 C.E. Walden 1980-1981 Patrick H. Phelan
1932 (2 mos.) J.L. Mapes 1982 Warner E. Rogers
1932 (10 mos.) E.W. Gildart 1983 Carroll W. Conn, Jr.
1933 M.W. McMaster 1984 Victor J. Rogers
1934-1935 T.H. Nees 1985 D.P. "Danny" Wheat, Jr.
1936 Tom P. Walker 1986-1987 Larry G. Beaumont
1937-1938 M.G. Thames 1988 Wilton G. White
1939-1941 J.C. Clemmons 1989 Billy J. Franklin
1942-1943 (8 mos.) B.A. Steinhagcn 1990 Joe Bob Kinsel, Jr.
1943 (4 mos.) E.C. Davis 1991 James C. Yarbrough
1944-1945 D.C. Procter 1992 Calvin S. Spindor
1946-1947 Caldwell McFaddin 1993 Dan S. Hallmark
1948 J. Paul TUllos 1994-1995 Lonnie Arrington
1949 Ray A. Choate 1996 Larry Beaulieu
1950-1951 I.F. Betts 1997 Steve Gartside
1952 T.T. Hunt 1998 Nancy Beaulieu
1953 Gene E. Ohmstcde 1999 Thomas W. Gober
1954-1955 E.C. Rechtin 2000 Dalton Babincaux
1956. W.E. Ivers 2001 Roy E. Wells
10
2002 Executive Committee and Board of Directors
{
Bessie Chisu m Roy Wells Charles S. Ege Eric Meadows Jim Bich Paula Bothe Tom Burger
f Chairman Past Chairman Vice Chairman Chairman for President Chairman for Public Chairman for
Owncr Industrial Park Co-Chairman for Fiscal Affairs Beaumont Chamber Relations& Minorite Business
Chisum Resource \tanager(Retired) Second Century Chairman for of Commerce Communications Development
= Management E.I. duPont de President Finance & President Partnership
i Ncmours& BankOne,Texas, Administration Four Alarm Facilities Manager
Company N.A. Real Estate Manager Productions,Inc. ExxonMobil
Phelan Inrestments
err
r
Gerald Condon George Gardner Ed Myers Jolene Ortego Jane Parker Lou Perfetti Robert Swerdlow
Chairman for Chairman for Chairman for Chairman for Chairman for Health Chairman for Chairman for Small
,Membership Transportation Economic Education & Human Sert•ices Government& Business
President President Development Director of Vice President Public Affairs Development
Collision & Classics G.A.J. lmestments Administrator/CEO Communications/ Community Bank Plant Manager Partnership
&Associates,Inc. CHRISTUS St. Publications Goodyear Tire& Associate
Elizabeth Hospital Beaumont Rubber Company Dcan/Professor
Independent School Lamar Univcrsity
District
oil p .� 9 fft\
Eddie Arnold Dalton Babineaux Sam Bean Joe Domino Jay Eisen Bill Frank Dewey Gonsoulin
Vice Chairman for President President President/CEO Vice Chairman for Vice Chairman firr Attorney
Economic American Valve & NAACP Entergy-Texas Education finance and \3ehatfv&
Development Hydrant Vice President Administration Weber,P.C.
Regional Manager Sampson Steel CF0
Southwestern Bell Corporation Conn
Appliances,Inc.
j
Georgine Guillory Carolyn Howard Robert Krienke David Parmer Mary Randall Russ Schultz
Vice Chairman for Co-Chairman for President President Secretanl/Treasurer Vice Chairman for
Membership Second Century Lamar Institute of Memorial Hermann JEMARI Group, Inc. Government&
Owner Executive Director Technolop, Baptist Hospitals Public Affairs
Revues Beaumont Main Street Dcan of Fine Arts&
Communication
Lamar University
� 11
t
20012002 Program of Work
MISSION STATEMENT
'Lhe Beaumont Chamber of Commerce serves its members and community as a catalyst to have a positive impact on the economic
well-being of Beaumont and the surrounding region.
ECONOMIC - Ivlaintain a cooperative marketing effort Support Beaumont Independent School
DEVELOPMENT DIVISION %vit.h Texas Department of Economic District
Development,Partnership of Southeast
MISSION STATEMENT Texas,Entergy,area realtors and other Support Jason Alliance of Southeast
To enhance the economic vitality of Beaumont, trade allies. Texas.
Texas, through a coordinated effort to bring assist in acquiring new business partners
ideas, energies and monies together toward • Actively promote public awareness of the for Beaumont Independent School
specific economic developmentgoals and progress of the Neches River deepening District's School Business Partnership
objectives. Financial and resource development and 1vldening study and Its Importance to Program and provide a representative to
will be a major focus of the Economic the area. Support the expansion of the serve on advisory board and participate
Development Division. Jefferson County Navigation District to in the Beaumont Public School
all of Jefferson C.OUnty. Foundation's Inc.
• Focus on a capital fund campaign to raise Explore financial issues for the furore of
a minimum of$120,000 for the economic • Cooperate with Cite of Beaumont, public education.
development program by September 30, Jefferson County,Port of Beaumont, Support the Urban Education Summit.
2002 Entergt•, Partnership of Southeast"Texas,
Texas Department of Economic Support Lamar University and Lamar
• Further develop the organizational strut Development and appropriate state and Lnstitute of Technology by:
federal agencies to accomplish Chamber
tore of the Beaumont F.conornic
Development Foundation,a 501c(3) economic development mission. Chamber membership luncheon
organization aimed at more aggressive and - I he economic analysis panel will meet Encourage and support closer partner-
focused economic development efforts. quarterly to disseminate economic ships bcrwcen Beaumont schools and
information to leaders from the Lamar,generating and providing greater
• Focus on business retention and job Beaumont area. positive exposure for Iamar to potential
creation within existing industry and Publish periodic news concerning trends, students
business. new and expanditzq businesses,and other student recruitment
economic development news. campus beautification
Continue to work with the executives of Institute for Entrepreneurial Studies
o West TeIcservices Corporation and other Actively support the development of the job recruinncnt in $25,000 plus wage
appropriate allies for their continued Southeast Texas Entertainment Complex, category
expansion and employment goal of 2000 downtown redevelopment such as the
employees. Crockett Street Entertainment District Support Leadership Beaumont's 30th
Work with United States Postal officials, and waterfiront development,and the anniversary programs by:
elected representatives,and other allies to Jefferson County initiatives to promote
ensure the continued operation of the the Southeast Texas Regional Airport. recruiting nominees
Beaumont Remote Encoding Faciliry. participating in the development of an
Visit corporate offices of businesses and • Facilitate and partner with local allies and endowment for the Beaumont Chamber
industries of major employers to express community organizations to develop a foundation (dba the Leadership
appreciation and identify grot%th oppor- long-range strategy♦•to ensure area growth Education Foundation)
tunities. and development through the completion participating in the design and imple-
Ldentifv locally owned businesses with of a comprehensive economic develop- mcmation of a public service/candidate
potential for expansion and provide assis- mcnt plan. The plan will serve as the road t rrum
tance in growing their businesses. map to guide community development,
Continue to promote and enhance small Job creation,and retention effirrts. • Partner in workf<rrce development educa-
and minority business. tion and provide representation on appro-
Continue to work with public and EDUCATION DIVISION priatc boards.
private entities to protnote new trade
Opportunities. MISSION STATEMENT GOVERNMENT AND
The education division has long recggnized the PUBLIC AFFAIRS DIVISION
• Target business groups for direct solicita- tie between quality schools and a successful
tion to aggressively market Beaumont community and will reinforce those ties with MISSION STATEMENT
through trade shows,direct mail,market the Beaumont Independent School District and the Government and Public Affairs Division
missions and trade allies to attract new other Beaumont schools, Lamar University and will focus its efforts on pending and proposed
industry and to develop a more diverse the Lamar Institute of Technoligy 1?v support- legislation or regulations that impact the inter-
' business base. ing and facilitating programs that foster ests of the Beaumont business community and
positive results, that support the Chamber's economic develop-
ment mission and related programs. The
12
1
Division will communicate with the Chamber County Drainage District 6, Lower year members through member to member
membership on these issues and present the posi- Neches Vallee Authority,Port of interaction and communication on a regular
tions of the Chamber membership to appropri- Beaumont,Lamar University, the state of basis. 175is will be accomplished by demonstrat-
ategovernment and public officials. Texas and other appropriate entities to ing to our members that they should support
advance the interests of Beaumont consis- their Chamber because we support them.
• Focus division efforts and resources on tent with the Chamber's mission and pri-
local,state and fcderal issues which are oritics for the 2001-2002 program of New Moncy
critical to the economic grolvth of the work. Increase membership base by adding 10
Beaumont area, including: new members per month including
Partner with local taxing entities to Continue role in coalition of six chambers minority businesses. We will also send
maintain business costs and a business of commerce,known as Jefferson County lvciconle letters to new businesses in the
climate competitive in a global Chambers of Commerce Legislative area with all invitation to become a nlelll-
econotm'. Response Tcam (JC31.RT),to provide a ber of the Chamber;this letter will
Support the election to expand the mechanism fin'area chambers to represent include infirrmation about benefits,
Jefferson County Navigation District to the views ofthe members by providing a upcoming events and opportunities for
all of Jefferson County and improve- united,informed response on legislative involvement in the Chamber.
Incilts to the Sabillc-Neches waterways issues that could impact our communities
to enhance economic viability. at any,given time. • Implement the Gift Certificate Program
Maintain and increase iohement in and conduct a strong lyiembership cam-
nv
statewide water planning issues, HEALTH & HUMAN paign with emphasis on generating gross
particularly Region 1 (Southeast and SERVICES DIVISION dollar sales.
Dccp East Texas).
MISSION STATEMENT Develop a list of large businesses in the
• Conduct surveys,beginning In carp' fall, provide a mechanism 17 which the Chamber area for membership recruitment. The
2001,of the Quick Response Team and and the medical community can interact and president of the Chamber and the board
the Chamber membership for state and discuss mutual issues, explore common interests of directors will conduct this recruitment.
federal legislative and regulatory issues of and promote communication between business
concern. Advise Chamber membership of and medicine. Retention
findings and resolutions adopted bti, Ovcrsce Ambassador program and imple
Chamber board on behalf of the • Make known pertinent information mcnt Member ol'the Month program as a
membership. regarding healthcare issues through edu_ means of recognition and appreciation of
cational luncheons and/or seminars. existing members.
• \Icet locally with area,state and federal
elected representatives and staffs by fall ;vaintain and further development • Continue to conduct monthly orientation
2001 on issues and legislation needed of communications in which the business programs and survey membership needs
affecting the Chamber mission and and medical communities can discuss semi-annualiv and annually.
program of work. health care issues.
implement ACH (Automatic Clearing
• 1:ncouragc presentations and briefings to House)debit program for payments of
Provide input to the government affairs
the division,if appropriate,on specific division as to the medical community's renewals.
areas of concern relating to mennbers' position on legislative issues and encour-
legislative and public police interests. age its members to participate in legisla- Netnyorking
rive trips to Austin and Washington. B1-monthly luncheons to provide
• Schedule trips in early 2002 to Austin members with informative speakers and
and Washington, I).(".with collaborative . Publish the Health Services Directory opportunities for networking.
delegations from the Chamber,City of
Beaumont and the Beaumont area busi • Continue the Friday morning Business
I Encourage Chamber membership and
ness community to contact state and Interchange to promote nenyorking
participation to healthcare providers.
fcderal and elected rcpresentatiycs,their participation 110L1rs.
staffs and regulatory agencies to voice . Evaluate and develop provider dcvelop-
specific areas of interest of the Chamber ment recruitment ideas. • Conduct at least 4-6 Business Befirre
membership. Hours/Business After Hours Mixers
• Evaluate future healthcare trends and the
• Continue quarterly joint meetings of impact on local businesses. Conduct ribbon cuttings and ground-
Chamber executive committee with area breaking ceremonies to celebrate the
governmental leaders to advocate . Research a health insurance plan for small opening of new businesses.
Beaumont's business interests as endorsed to medium sized businesses.
by Chamber board for its membership MINORITY BUSINESS
and to maintain close relations with local, MEMBERSHIP DEVELOPMENT
state and federal elected and appointed PARTNERSHIP
officials. DIVISION
• Cooperate closely with Beaumont MISSION STATEMENT MISSION STATEMENT
Independent School District,City of The membership division will increase and To actively recruit, mentor,and champion the
Beaumont,Jefferson County,Jefferson strengthen the membership base. We will work development of historically underutilized
to improve the renewal rate of first and second businesses in the Beaumont community, i.e.,
13
ethnic minority businesses, women owned Present to the board of'directors an • Set billboard schedule by November 30,
businesses,and small businesses. This division annual operating budget that addresses 2001
shall continue to encourage membership and the ways and means by which budget
participation by minorities in all chamber requirements will be met. • lay the groundwork for the I00th
activities. anniversary celebration for the Beaumont
• Advise the board of directors of the ongo- Chamber of Commerce.
Support the Fast 1•rac Program of Lamar ing financial condition of the Chamber
University institute for Entrepreneurial through monthly presentation of actual SMALL BUSINESS
Studies to provide training and development operating results compared to budget. DEVELOPMENT
for new and existing entrepreneurial
businesses. Identifj and review any significant issues PARTNERSHIP
with the board of directors that might
Develop and implement an active,chamber influence the financial position of the MISSION STATEMENT
sponsored,mentor/incubator program organization. The Small Business Development Partnership
including all business functions such as: shall continue to fitcilitate thegrowth of the
• 'Track and report the results of non-clues Chamber's business members and provide serv-
tund raising projects,including summation ices via recognition, educational programs,
• organization practices, team building L;c of the actual financial results of the com
and netrvorizintg opportunities.
organization
• Business Strategy/Planning pleted project compared to expectations.
• Develop a focus on business retention
• lklarketing e Conduct a review and assessment of the and job creation with existing small
• Account/Financials recommendations of the Second Century businesses.
• Operations and managing growth Project and identiR,any remaining issues
• Capital/Financial Resources for future long range p lannin g. •
Work closely with the vtnoriq Business Procurement/Warehousing
Development Division and other divisions
• Real-estate • Oversee and review all issues relative to of the Chamber to increase recognition of
• Insurance lt employee benefits
Salen•, Health & Environmental the internal administration of the small business members.
•
• H/R Policies/Pro> Chamber's operation,including policies
r rants
and procedures,human resource issues. Promote four(4)visitations a month with
• Legal and capital expenditures, small business owners and members.
These visitations will be organized by
Recruit ethnic minority business representa . Oversee the management and operation members of the division and reported on
fives for Chamber membership and board of the Chamber's office facility including at monthly meetings.
service. maintenance and repair,improvements,
and lease administration for existing and • Conduct a minimum of three quality sem-
Continue to provide initiatives(programs
liuurc tenants. mars,utilizing the Membership Division
and seminars,etc.),which create opportuni
ties for ethnic minorities to network with Surrey to select topics of interest.
PUBLIC RELATIONS &
chamber members 8: actixities including,
Economic Development Council, Business COMMUNICATIONS • Establish a committee to solicit nomina-
b
Showcase, LobsterFest, Leadership DIVISION ons and select the
Beaumont,as well as other chamber division nesses in the categories of retail/service
es outstanding busi
u
s
Ineerin tivities. MISSION STATEMENT: and manufacturing firr the prestigious
g/� Small Business Person of the Year awards.
77�e public relations grad cnnamunications divi-
FINANCE & sion supports the Chamber and promotes the The winners will be recognized during
ADMINISTRATION value of it mission, initiatives and events National Small Business lVeek at a rccep-
through public relations efforts both internally tion,at a membership luncheon,and at
DIVISION and c.vterntally l?t,iraforaniaag and educating its the Chamber's:�tnual Iviccting.
members and the public. This effrnrt is to be
MISSION STATEMENT ta� • Continue the education conference firr
rrtadc locally,state wide, nation wide and,
The mission n the Finance and small businesses to be held in June during
f where appropriate, internationally. J i
Administration Division is to oversee the fiscal Small Business Week. Find ways to
affairs of the Chamber to insure that there are Develop resource aril press list along xvith expand the mini trade show.
adequate liquid assets to carr'v on the primary promotion planning tools firr divisions to
mission of the wgantization;the division is also use to implement the marketing of their Work x ith Small Business Development
responsible to insure that the internal opera- individual projects. Center and Institute of Entrepreneurial
tions of'the Chamber(personnel, building Studies at Lamar Univcrsiry.
operations,and capital eyenditur•es)are Set story budget for M n
etropolita
.I consistent with the policies and procedures Beaumont by October 12,2001 with a DiVCrSlfy business base and participation
established by the board of directors. goal of selling Beaumont's image. in high tech sector.
Review and assess the marketing of
• Oversee the preparation of the annual Metropolitan Beaumont,and recommend • Review awards fin-possible expansion into
budget including all expenditures a strategy for improving ad sales and other areas. (Investigate merits of select-
jl required to meet the requirements of the printing profitability. ing and presenting a new award to rccog-
i! Chamber's program of work. nize medium sired businesses.)
'i
'!
Investigate ways to utilize the Chamber's
web site.
14
TRANSPORTATION
DIVISION Professional Staff
MISSION STATEMENT Jim Rich Richard "Rick" J. Barrilleaux
flie Transportation Division shall promote the President Director of Economic Devclopment
utilization of our internsodal transportation
systerrts(air•, water, railroad, trucking, and Shirley Bartos Lou Saldana
telecommunications) to increase economic Senior Vice President Bookkeeper
growth in our region. 77ic rnaxintization of
our intermodal sw tuns will enhance economic
Gay ay Chionsini Jodi 'Thibodeaux
t Projects Mana�qcr Receptionist-Secretary
• %lonitor progress to complete the lbrma-
tion of the nett Jefferson COMM' Virtue Alexander Lorna Welborn
Navigation District for the Sabine Neches Membership Director Student Employee
I 'atcrway.
Tiffanv Gauthier Judv Wilton
• Continue to suppcn•t the Southeast Texas Officc Administrator Vickie Cleveland
Regional Airport and possible jet service. Director oj'Loans
• Work with various public and private Betsv Henslee
entities to provide space to expand the
Economic Development.Specialist
Port of Beaumont's rail interchange
yard operations while supporting the
desire to access waterfront property
for development.
• Promote the importance of the fort of
Beaumont as a major port of entry for
international trade and economic vitality.
2002 Advisory Directors
Don Alice Charles D. Foxworth Skylar Thompson
Port of Beaumont Foxworth Real Estate Corporation lklarkct Basket Stores
Lonnie Arrington George W. Gardner T. Lynn Walden
Fabricon International, Inc. G.A.J. Investments & Associates, Inc. Orgain, Bell & 'fucker
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Danny Babineaux Kyle Hayes Wilton G. White
Air Comfort, Inc. Cite of Bcaumont SouthTrust Bank
Slate Babineaux Adrian Hudspeth Other Division Vice Chairmen:
Vice Chairman for Public Relations & Hibernia-Bcaumont
Communications Randall Odom
Air Comfort, Inc. Jay Johnston Vice Chairman for
Reliant Energy Entex Health & Human Services
A. B. Bernard Director Business Development
Vice Chairman for Small Business Craig Kinsel CHRISTUS St. Elizabeth Hospital
Development Partnership Kinsel Motors, Inc.
BGI Contractors, Inc. Luis G. Silva
William Lee Vice Chairman for Minority Business
Johnny Casmore Entergy Development
ExxonMobil Owner
Harold W. Patton Silva Employment Network
Michael Clayton Memorial Hermann Baptist Hospitals
Better Business Bureau of Southeast Sonny Sherman
Texas Marty Roberson Vice Chairman for Transportation
Community Bank Consultant
Rex L. Cottle Ritter Lumber Company
Transit Mix Karen Thomas
Lamar University
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Members witb 25 Years and over Anniversaries
25 Years: A-Ok Moving & Storage
Brock Audio, Inc.
Burns Properties, Inc.
L.G. Balfour Company
M & D Supply, Inc.
Spindletop MHMR South Campus
Triangle Equipment, Inc.
30 Years: Caffcy Automotive, Inc.
Carroll-Shcrman Construction, Inc.
Talon Insurance Agency, LTD
35 Years: American Valve & Hvdrant Manufacturing Company
J & J Manufacturing Company
Charles S. Nacol Jcwelry Company
McJunkin Corporation
40 Years: Equistar Chemicals, LP/Ply Glycol
Automatic Pump & Equipment Company, Inc.
Burris Transfer & Storage Company
Southeast Texas Water Conditioning/Culligan
Goodyear 'fire & Rubbcr (,onipanv
KBMT-TN7, Channcl 12
45 Years: Gateway Shopping Centcr
Richmond O. Bennett, III
Luby's Cafeteria
Southern Avionics Company
The White Housc
50 Years: Connor .Plumbing, Inc.
Woodhead &. Reidy Advertising
55 Years: Apac-Texas, Inc.
Kinsel Motors, Inc.
75 Years: Graybar Electric Company, Inc.
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iv. Prevent the discharge of building materials,including cement,lime,concrete and mortar,
to the MS4 or waters of the United States;
v. Provide for timely maintenance of vegetation, erosion and sediment control measures,
runoff control devices, and other best management practices to ensure they are kept in
good and effective operating condition;
vi. To prevent the discharge or other release of surplus or unused concrete or concrete truck
wash waters to storm water runoff or conveyances; and
vii. To stockpile loose materials so as to prevent or limit discharge of such stockpiled material
to off-site areas and storm water conveyances.
b. Grading Plan Elements.Any Grading Plan provided to the City Engineer shall be provided
in format and content acceptable to the City Engineer and shall include description of elements
appropriate to the size and potential impact of the grading on the environment,including but
not limited to description of the site,areas to be disturbed,site stabilization during grading,
best management practices to be used to limit sediment runoff,and final stabilization.
c. Revisions To Grading Plan
i. The Grading Plan shall accurately reflect site conditions and the grading activities
proposed to be undertaken thereon. Revision necessary to maintain an accurate and up-
to-date Grading Plan shall be made in a timely fashion but in no case later than two(2)
working days after the occurrence or existence of conditions or activities necessitating
such revision.
ii. If the conditions or activities described by a Grading Plan revision could be reasonably
expected to result in a increase in the actual or potential discharge of pollutants from the
site,such revision must be approved by the City Engineer prior to implementation of the
proposed revision at least two(2)working days prior to the implementation of activities
described by the revision.
iii. The City Engineer shall have the right to reject any revision to a Grading Plan, even if
such revision has already been implemented by the operator, if the City Engineer
determines that such revision does nut accurately reflect conditions or activities insofa
as they pertain to grading activities,or the City Engineer determines that the revision will
not prevent or is not likely to prevent the discharge of pollutants to the MS4 or waters of
the United States to the maximum extent practicable.
iv. The submission of a revision to a Grading Plan shall be in a form acceptable to the City
Engineer.
v. The City Engineer shall have two(2)working days to approve or reject a revision to a
Grading Plan after submittal of a proposed revision in acceptable form to the City
Engineer. If the City Engineer does not issue approval or rejection of the revision within
two(2)working days,the revision shall be assumed to be approved.
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4. Site Stabilization
a Site Stabilization. Interim or temporary site stabilization and other best management
practices shall be employed during the course of construction to stabilize the site to the
maximum extent practicable.Interim ortemporary stabilization measures maybe used as part
of final stabilization measures
b. Final Stabilization. A construction site with grading shall be permanently and completely
stabilized as part of the closure of the construction site. A site shall be considered completely
stabilized when all land surfaces,including areas of runoff,drainage and drainage pathways
on the site has been made impermeable or resistant to erosion,such resistance to erosion being
accomplished by use of vegetation,modification or control of topography, use of manmade
materials, runoff control, drainage management, or similar means acceptable to the City
Engineer.
J. Exemptions To Requirements For Construction
1. Exemptions Categories. Neither a Grading Permit,a Grading Plan,or a NOTG shall be required
for any of the following activities, unless the City Engineer determines a Grading Permit, a
Grading Plan or a NOTG is necessary to prevent the significant discharge of pollutants to the MS4
or to waters of the State or the United States,irrespective of whether one or more of the following
activities occur:
a. Grading activities do not result in a total area of disturbance exceeding 450 square feet of
surface areas at the construction site;
b. Grading activities undertaken solely for maintaining or repairing existing storm water
conveyances or appurtenances,flow control devices or drainage structures or facilities;
c. Grading activities undertaken solely for prevention or control of erosion along or deterioration
of an existing storm water conveyance or appurtenance; removal of sediments,trash,debris
or floatables from an existing storm water conveyance or appurtenance; or remediation of
similar conditions detrimental to the functioning of an existing storm water conveyance or
appurtenance;
d. Grading activities undertaken solely for maintenance or-repair of an existing street, road or
highway or associated existing traffic control appurtenances (such as turnouts or medians),
such existing street, road or highway or appurtenances not to include new or widened lanes,
new traffic control appurtenances,existing or new retaining walls or existing or new bridges;
e. Grading activities undertaken for the sole purpose of repair of an existing street, road or
highway or associated appurtenances,culvert or bridge or bridge components when repair is
necessary as a consequence of damage from an accident,vandalism,or similar unforeseeable
cause;
f. Grading activities undertaken for the sole purpose of maintenance or repair of existing street,
road,highway,canal, ditch or other storm water conveyance system;
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