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HomeMy WebLinkAboutORD 84-163 ORDINANCE NO. X6/,3 ENTITLED AN ORDINANCE REPEALING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT AND ENACTING A NEW CHAPTER 2 DEALING WITH THE ORGANIZATION AND ADMINISTRATION OF THE CITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 2 of the Code of Ordinances of the City of Beaumont be, and the same is hereby, repealed and a new Chapter 2 be enacted to read as follows: ARTICLE I . GENERAL PROVISIONS Section 2-1 . Officers and Their Duties. The officers of this city shall be such as are provided for in the city charter and the ordinances of the city , and they shall perform the duties as are therein provided. It is the intention of the city council in the enactment of this chapter to provide exclusively for the city' s administrative chain under the direction of the city manager. All administrative offices or responsibilities not established by this chapter or by the charter, and which are not otherwise specifically assigned to a department created by this chapter, shall be deemed to be offices under the direct supervision and control of the city manager, and he may assign same, at his /a-//IN c discretion, to any department or division created by this chapter. Section 2-2 . Transfer of Employees Between Departments and Divisions Authorized. In order to expedite the work of any department and to administer an increase in duties which may evolve upon any department, or to cope with periodical seasonal changes, the city manager is hereby empowered to transfer employees temporarily from one department to perform similar duties in another department. Similarly, each department director shall have the power to transfer employees from one division to another within his department. This section shall not be construed to permit transfers of employees in violation of civil service law . Section 2-3 . Microfilming of Public Records . The city clerk is hereby authorized to microfilm all official records of the city, which shall include but not be limited to deeds , ordinances, resolutions, contracts, easements, leases, liens, and franchises. The city clerk shall properly index said microfilm records, and said microfilm records shall meet the requirements of the United States of America Standards Institute for archival quality , density , resolution, and definition. The city 2 - ' 9 I F clerk or his designee shall be responsible to check and certify that each microfilm record is a true and correct duplication of the original public record. The public shall have access to the information contained in the microfilmed public records as provided by law . ARTICLE II. DEPARTMENTS, DIVISIONS AND ORGANIZATION Section 2-4 . Department of Community Development; There is hereby established a Department of Community Development to be under the control and direction of a Senior Director who shall be appointed by and subject to the control and direction of the City Manager. The Community Development Department shall coordinate and have responsibility for the Planning and Economic Development Department and the Housing and Neighborhood Conservation Department as well as the divisions which are responsible for the Community Development Block Grant Program, Building Inspections, and Human Resources. Section 2-5 . Planning and Economic Development; Director. The Planning and Economic Development Department is hereby established to be under the control and direction of the Director of Planning and Economic Development. The Planning and 3 - B I Economic Development Department shall coordinate the city' s role in economic development and perform the duties with reference to planning and zoning as are authorized by the charter and ordinances of the city, state law and as directed by the Senior Director of Community Development. Section 2-6 . Housing and Neighborhood Conservation; Director. The Housing and Neighborhood Conservation Department is hereby established under the control and direction of the Director of Housing and Neighborhood Conservation. The Director of Housing and Neighborhood Conservation shall institute programs to insure an adequate supply of safe, clean and affordable housing within the City of Beaumont and enforce those ordinances relating to minimum housing and dangerous structures. Section 2-7 . Department of Community Services; Director. There is hereby established a Department of Community Services to be under the control and direction of a Senior Director of Community Services who shall be appointed by and be under the control and direction of the city manager. The Community Services Department shall coordinate and be responsible for the Library, Health, Community Facilities and Parks Departments. 4 - �Z, ( �.�� 6 I � , Section 2-8 . Library Department; Director; There is hereby established the Library Department, the head of which shall be the Library Director. The Library Department shall be in charge of planning, organizing, directing and coordinating all activities of the city library system and shall perform such other duties as may be delegated to it from time to time by the Senior Director of Community Services. Section 2-9 . Department of Health; Director. There is hereby established a Department of Health, the administrative head of which shall be the Director. The Department of Health shall provide general administrative supervision to all public health activities to safeguard and improve the general health of the city. The Department of Health shall be responsible for coordinating public health practices, shall be responsible for the recording of vital statistics, and shall enforce all health laws within its jurisdiction. The department shall enforce those ordinances and laws which regulate weeds, sign location, litter, trash, animals and junked and abandoned motor vehicles. The 5 - 67�� /,�3 1 6 6 Department of Health shall perform such other duties as may be delegated to it from time to time by the Senior Director of Community Services. Section 2-10 . Department of Community Facilities; Director. There is hereby established the Department of Community Facilities, the head of which shall be the Director of Community Facilities. The Department of Community Facilities shall be responsible for the supervision and management of the civic center complex, which includes the Julie Rogers Theater for the Performing Arts, Harvest Club, YMBL Hall, Fair Park Arena, and Civic Center and contiguous grounds. The Department of Community Facilities shall perform such other duties as may be delegated to it from time to time by the Senior Director of Community Services. Section 2-11 . Department of Parks and Recreation; Director. There is hereby established the Department of Parks and Recreation, the head of which shall be the Director of Parks and Recreation. This department shall be responsible for maintenance of all parks and playgrounds belonging to the city, supervision of all public recreation - 6 - fel—/0.3 activities carried on under the control of the city, maintenance of all equipment necessary for the up keep of all parks and playgrounds belonging to the city, for all mowing activities on city property , for collection of fees and the arrangement for rentals for all park and playground facilities and shall perform such other duties and functions as may be delegated to it from time to time by the Senior Director of Community Services. Section 2-12 . Department of Public Works; Director. There is hereby established a Department of Public Works to be under the control and direction of the Senior Director of Public Works, who shall be appointed by and subject to the control and direction of the City Manager. The Public Works Department shall coordinate and be responsible for the Engineering, Transportation, Water Utilities, and Solid Waste Departments. Section 2-13. Department of Engineering; Director. The Engineering Department is hereby established under the control and direction of a Director to be known as the City Engineer. The City Engineer shall be responsible for keeping accurate maps, plats and records of all public - 7 - (-4FZ/'/Z 3 works, lands or property owned or used by the city; for advising the City Manager and other city departments on all engineering matters referred to it; for making reports, upon request of the City Manager, regarding public improvements, repairs of streets, bridges and sidewalks, and such other work as the City Manager may request, and shall make suggestions to the City Manager regarding same as shall, in its judgement, seem best and proper; and for performing such duties as are provided by law or ordinance. This division shall perform such other duties and functions as may be delegated to it by the Senior Director of Public Works. Section 2-14 . Department of Transportation; Director. The Transportation Department is hereby established under the control and direction of a Director known as the Transportation Administrator. This department shall be responsible for construction, maintenance, and operation of streets, drainage, traffic control and information devices, school protection programs, parking meters, public transportation and the municipal airport. The department shall perform such other duties as may be delegated to it from time to time by the Senior Director of Public Works. 8 - i Section 2-15 . Department of Water Utilities; Director. The Water Utilities Department is hereby established under the control and direction of the Director of Water Utilities. This department shall be responsible for the maintenance, repair and operation of the water production and distribution system and of the water reclamation system of the city . This department shall perform such other duties and functions as may be delegated to it from time to time by the Senior Director of Public Works. Section 2-16 . Solid Waste Department; Director. The Solid Waste Department is hereby established under the control and direction of the Director of Solid Waste. This department shall be responsible for the collection of garbage and trash and its proper disposal in the landfill and all landfill operations. This department shall perform such other duties and functions as may be delegated to it from time to time by the Senior Director of Public Works. Section 2-17 . Department of Administrative Services; Assistant City Manager. There is hereby established the area of Administrative Services to be under the control and direction of the Assistant City Manager who shall be appointed by the City Manager. The 9 - d 07- i The area of Administrative Services shall coordinate and be responsible for the functions of the Budget & Research, Personnel, Management Information Systems, and the Building Maintenance Departments as well as the Finance Officer and the functions of maintenance of the city' s vehicles and coordination of a continued organizational excellence effort. Section 2-18 . Department of Budget & Research; Director. The Budget and Research Department is hereby created under the control and direction of the Director of Budget and Research. This department shall conduct research necessary to assist the City Manager in the formulation of budget policy and develop adequate monitoring and control procedures to assist other city departments in preparation and administration of their departmental budgets; insure compliance with the city' s fiscal policies; and conduct management audits and studies to improve the productivity of line operations. This department shall perform such other duties and functions as may be delegated to it from time to time by the City Manager or his designee. 10 - Section 2-19 . Department of Personnel and Safety; Director. There is hereby established the Department of Personnel and Safety under the control and direction of the Director of Personnel and Safety. This department shall be responsible for planning, organizing, directing and coordinating personnel and safety activities of the city and for formulating personnel policies and procedures for the city . This department shall perform such other duties as may be delegated to it from time to time by the City Manager or his designee. Section 2-20 . Department of Management Information Systems ; Director. There is hereby established the Department of Management Information Systems under the control and direction of the Director of Management Information Systems . This department shall be responsible for converting information received from the various city departments into a machine readable format, for processing such information, for reporting and distributing the information to the departments, and for maintaining current files and historical records for the city. The department shall perform such other duties and functions as may be delegated to it from time to time by the City Manager or his designee. i Section 2-21 . Department of Building Maintenance; Director. There is hereby established the Department of Building Maintenance under the control and direction of the Director of Building Maintenance. This department shall be responsible for the maintenance of all buildings owned or used by the city including fixtures and accessories to such buildings , and for the remodeling of such buildings on the direction of the City Manager. This department shall perform such other duties and functions as may be delegated to it from time to time by the City Manager. Section 2-22. Police Department; Established; Chief; Functions; Divisions. There is hereby established the Police Department, the Director of which shall be Chief of Police. The Police Department shall be responsible for the protection of the health, life and property of inhabitants and visitors of the city , and for the enforcement of all laws within its jurisdiction. The Police Department shall perform such other lawful duties and functions as may be delegated to it from time to time by the the City Manager_ . Section 2-23 . Interlocal Police Assistant-Authority of Police Chief. Pursuant to the provisions of Article 999b, Vernon' s Annotated Civil Statutes, the Chief of - 12 - f�4 14-. Police of the city is authorized to assign regularly employed law enforcement personnel of his department to assist any other county or municipality in this state, when a state of civil emergency in such other county or municipality has been declared by property authority , upon request by such proper authority, and when, in the opinion of such proper authority, a need exists in such other county or municipality for the services of additional law enforcement officers to protect the health, life and property of such other county or municipality , its inhabitants and the visitors thereto, by reason of riot, unlawful assembly characterized by the use of force and violence, or threat thereof by three ( 3 ) or more persons acting together or without lawful authority, or during time of natural disaster or man-made calamity. Section 2-24 . Same-Supervision and Power of Assigned Officer. Whenever any law enforcement officer of any other county or municipality is assigned to the city , under authority of an order adopted by the governing body of such other county or municipality, to assist under circumstances as described above which may exist in this city, such officer shall be a peace officer of this 13 - city and shall be under the command of the Chief of Police of this city, while so assigned, and he shall have all the powers of a regular law enforcement officer of this city as fully as though he were within the county or municipality where regularly employed and his qualification for office where regularly employed shall constitute his qualification for office in this city , and no other oath, bond or compensation shall be made. Section 2-25 . Same-Compensation and Benefits to the Officer. When any law enforcement officer of this city is ordered by proper authority to perform peace officer duties outside the territorial limits of this city , he shall be entitled to the same wage, salary , pension and all other compensation and all other rights for such service, including injury or death benefits, the same as though the service had been rendered within this city, and he shall also be paid for any reasonable expenses of travel, food or lodging, as well as for damage to equipment and clothing, and medical expenses which he may incur while on duty outside this city , or while traveling to or from such assignment. - 14 - i Section 2-26 . Same-Reimbursement to City or County. When any law enforcement officer is assigned to this city from another county or city under the circumstances described above, and upon request of the proper authority of this city, this city will, upon proper request, reimburse the county or city furnishing the services of such law enforcement officer for his actual expenses of travel, food, lodging and for such cost of damage to equipment and clothing resulting from the services of such law enforcement officer in this city and for which the county or city where he is regularly employed has paid . Section 2-27 . Fire Department; Established; Chief, Functions. There is hereby established the Fire Department, the Director of which shall be the Fire Chief. The Fire Department shall be responsible for the sole command of fires and all persons within the vicinity of fires; for taking proper measures to extinguish fires; for the protection of property from fires; for the preservation of order and observance of laws, ordinances and regulations relating to fires and the prevention of same; and the inspection of oil and gas installations. The Fire Department is 15 - i also responsible for the Civil Defense and Emergency Medical Services functions of the city. The Fire Department shall perform such other duties and functions as may be delegated to it from time to time by the Fire Chief or the City Manager. ARTICLE III. COMMISSIONS AND OTHER COMMITTEES Section 2-28 . Airport Advisory Committee. There is hereby created an airport advisory committee composed of ten ( 10) members who are resident citizens and qualified voters of the City of Beaumont. The members of the airport advisory committee shall be appointed by the City Council . Of the ten ( 10) members first appointed, five (5 ) shall be appointed for a term of one year and five ( 5) shall be appointed for a term of two ( 2 ) years. Thereafter, the term of office of each member of the airport advisory committee shall be two ( 2) years or until a successor is appointed. The chairman and vice chairman shall be appointed by the City Council . Vacancies shall be filled by the City Council for the unexpired term. Members of the airport advisory committee shall serve without compensation and all members of said committee shall be subject to removal at the will and 16 - I pleasure of the City Council. The duties of the airport advisory committee shall be advisory in nature and it shall advise the City Council, the City Manager and the Transportation Administrator concerning the needs of the Beaumont Municipal Airport and other airport matters and policy . The airport advisory committee shall meet as required by the chairman or the Transportation Administrator. Section 2-29 . Council Adopts by Reference Minimum Standards for Conduct of Commercial Aeronautical Services. The minimum standards and requirements for the conduct of commercial aeronautical services and activities; minimum standards and requirements for fixed base operator activities and minimum standards and requirements for specialized aviation activities as attached hereto as Exhibit "A" and made a part hereof as if copied verbatim herein are hereby adopted by the City Council. Section 2-30 . Senior Citizens Advisory Committee. There is hereby created a senior citizens advisory commission composed of fourteen ( 14) members who are resident -citizens and qualified voters of the City of Beaumont. Members shall be senior citizens and others knowledgable and interested in the concerns of senior citizens. 17 - • D -fo3 Members of the senior citizens advisory commission shall be appointed by the City Council. Of the fourteen ( 14) members first appointed, five (5 ) shall be appointed for a term of one ( 1 ) year, five ( 5 ) shall be appointed for a term of two (2 ) years, and four (4 ) shall be appointed for a term of three ( 3 ) years; thereafter, the term of office of each member of the senior citizens advisory commission shall be three ( 3 ) years or until a successor is appointed. The chairman and vice chairman shall be appointed by the City Council. Vacancies shall be filled by the City Council for the unexpired term. Members of the senior citizens advisory commission shall serve without compensation and all members of said commission shall be subject to removal at the will and pleasure of the City Council . The duties of the senior citizens advisory commission shall be advisory in nature, and it shall advise the City Council and the City Manager in matters affecting senior citizens' interests and assist in planning and policy making for related activities. These duties will include, but not be limited to assisting in - 18 - the development of plans and policies for the Best Years Center and other programs and facilities provided by the city for senior citizens. The senior citizens advisory commission shall meet monthly or as required by the chairman or the City Manager. Section 2-31 . Planning and Zoning Commission. a) There shall be a planning and zoning commission, which commission shall be composed of nine ( 9 ) members, whose offices are hereby created and established. b) The members of the city planning and zoning commission shall be resident citizens, and qualified voters of this city . The members of the city planning and zoning commission shall be appointed by the city council. The term of office of each commissioner shall be for three ( 3 ) years, or until a successor is appointed. The City Council shall appoint one of the commissioners as chairman and one as vice-chairman of the commission to serve a term of one ( 1 ) year. c) vacancies occurring on the city planning and zoning commission shall be filled by appointment by the City Council for the 19 - i unexpired term of the commissioner being replaced. d) The members of the city planning and zoning commission, in the performance of their duties as such, shall serve without compensation. Section 2-32 . Same - Powers and Duties. The city planning and zoning commission shall have the following powers and duties: 1 ) Studies and plans for improving city. To make studies and project plans for the improveemnt of the city, with a view as to its future development and extension and to recommend to the City Council all matters for the development and advancement of the city' s facilities, layout and appearance, and to perform all duties imposed upon the city planning and zoning commission by the statutes of the state, and specifically by Chapter 231 , Acts of the Regular Session of the 40th Legislature of Texas, 1927, the same being article 974a, Vernon' s Annotated Civil Statutes. 2 ) Making plans and maps. To make plans and maps of the whole or any portion of the city and of land outside the city located within - 20 - -q five ( 5 ) miles of the city limits and of any other land outside the city which in the opinion of the city planning and zoning commission bears a relation to the planning of the city and to make changes in, additions to and extensions of such plans or maps when it deems same advisable. 3 ) Advise property owners. To confer with and advise private property owners pertaining to location and erection of private structures with the view of having same conform to the overall city plan and to advise with the building inspector in the performance of its duties. 4 ) Aiding and assisting council on budgets and funds . To aid and assist the City Council in the preparation of budgets and determination of sources of funds, and in the procuring of financial and other aid and assistance for the city from the state and federal governments and their agencies, for each of the purposes herein enumerated. 5 ) Assisting other governmental agencies. To act with and assist all other municipal and governmental agencies, and especially the City Council in formulating and executing 21 - r proper plans of municipal development. 6 ) Street, park and building plans. To plan and recommend the location, plan and extent of city alleyways, viaducts, bridges, subways, parkways, parks, playgrounds, airports, automobile parking places and other public grounds and public improvements; for the location and plan of public buildings, schools, and other public properties, and of public utilities, including bus terminals, railroads, railroad depots, and terminals, whether publicly or privately owned, for water, lights, sanitation, sewerage, sewage disposal, drainage, flood control, transportation, communication, marketing and shipping facilities, power and other purposes, and for the removal, relocation, widening, extension, narrowing, vacation, abandonment or change or use of any of the foregoing public places, works, buildings, facilities or utilities. 7 ) Recommending streets, etc. To select and recommend to the City Council , routes of streets, avenues and boulevards, and particularly to investigate and recommend the opening, widening or abandonment of streets, - 22 - avenues, boulevards and alleys or the changing thereof to conform with the city' s system, present and future, of boulevards, streets, avenues, alleyways, parks and parkways. 8 ) Reports on new subdivisions. To investigate, consider and report to the City Council upon the layout or platting of new subdivisions of the city or of property situated within five (5 ) miles of the city limits, and to approve all plans, plats or replats of additions within the city limits, or within five (5 ) miles of the city limits. 9 ) Recommending rules for platting and subdividing. To recommend to the City Council for adoption and promulgation rules and regulations governing plats and subdivisions of land within the corporate limits of the city or within five (5 ) miles of the corporate limits of the city to promote the health, safety, morals and general welfare of the community , and the safe, orderly and healthful development of such community . Such rule and regulations may be adopted by the City Council only after public hearing held thereon. - 23 - 10) Plans for parks and watercourses. To recommend plans to the City Council for improving, developing, expanding and beautifying the parks, parkways, bayous and streams, river front and yacht basins in or adjoining the city and cooperate with the City Council and other agencies of the city in devising, establishing, locating, improving, selecting, expanding and maintaining the public parks, parkways, playgrounds and places for public recreation. 11) zone boundaries. The city planning and zoning commission shall have the power to recommend the boundaries of the various original districts or zones, to recommend appropriate regulations to be enforced therein, to make their preliminary report as to such zoning districts and regulations, and to hold a public hearing or public hearings on the same before submitting a final report, and to submit a final report to the City Council and to perform all other duties and statutes of the state, and specifically by Chapter 283, Acts of the Regular Session of the 40th - 24 - i Legislature of Texas, 1927, the same being articles 1011a to 1011j , Vernon' s Annotated Civil Statutes. 12) Slum clearance. To suggest plans for clearing the city of slums and blighted areas. Section 2-33 . Same - Organization, meetings . The city planning and zoning commission shall, subject to the approval of the City Council, make such rules and regulations and adopt such bylaws for its own government and designate such times and places for holding meetings as it deems proper. Five ( 5 ) members of the city planning and zoning commission shall constitute a quorum for the transaction of business. Section 2-34 . Community Development Advisory Committee. There is hereby established a community development adivsory committee to be composed of twenty-one ( 21) members who are resident citizens of the city . The members of the community development advisory committee shall be appointed by the City Council for two ( 2) year terms. The City Council shall name one ( 1 ) of the members as chairman and one ( 1 ) as vice-chairman. - 25 - i without vote. Vacancies shall be filled by the City Council for the unexpired term. Members of the committee shall serve without compensation. Section 2-35. Same - Secretary. The Director of planning and zoning or his designee, shall serve as secretary of the committee without vote. The duties of the secretary will be as follows: 1 ) To serve as a nonvoting member; 2 ) To attend all meetings of the committee and of its appointed committees; 3 ) To maintain a record of all activities of the committee; 4 ) To provide the committee with all information necessary for the performance of its duties; 5 ) To submit a proposed agenda to the committee chairman and members; 6 ) To invite the participation of the interested parties concerned with topics of the agenda; 7 ) To coordinate the attandance of staff personnel of the city; 8 ) To introduce items on the agenda and present applicable information as shall be necessary to aid in resolving problems; 9 ) To provide such clerical-administrative support as is required by the committee; - 26 - O--fel—/6 3 i 10) To arrange for all meetings to be held as directed by the chairman of the committee. Section 2-36. Same - Duties and Responsibilities. The duties and the responsibilities of the community development adivsory committee shall be as follows: 1 ) To act as an advisory board to the City Council and the City Manager. 2 ) To recommend objectives to the city for the community development block grant program. 3 ) To assist the City Council and the City Manager' s staff in planning for a continuing program of community development. 4 ) To meet as required by the chairman of the committee or the secretary , with regular meetings to be held not less than once every calendar quarter. 5 ) To keep the City Council and the City Manager' s staff informed of current trends and to recommend changes and improvements which will update the community development and housing assistance plan. 6 ) To study the needs of the city and make recommendations to the City Council for its physical redevelopment. -27 - i Section 2-37 . Council Created; Director; Department Heads . There is hereby created the municipal civil defense council of the City of Beaumont which shall consist of the following: a) The City Manager of the City of Beaumont who shall serve as chairman of the municipal civil defense council; b) The civil defense director of the City of Beaumont, who shall be charged with the preparation of a civil defense plan for the City of Beaumont, with the approval of the City Manager, together with other duties as the City Manager may prescribe. The civil defense director shall be appointed by the City Manager; c) Department heads and officers of the City of Beaumont, as shall be appointed by the City Manager. Section 2-38 . Powers and Duties of Council. The powers and duties of the municipal civil defense council shall include the recommendation for adoption by the City Council of any and all mutual aid plans and agreements which are deemed essential for the implementation of such a civil defense plan. The duties of such a civil defense council shall also include the making of a survey 28 - of the availability of existing personnel; equipment; supplies and services which could be used during an emergency , as provided for herein, as well as, continuing study of the need of amendments and improvements in the civil defense plan adopted by the City Council. The civil defense council of the City of Beaumont shall meet upon the call of either the Mayor or the chairman. Section 2-39 . Intergovernmental Cooperation; Civil Defense Council of Jefferson County. The City Manager, with the approval of the City Council is hereby authorized to join with the county judge of the County of Jefferson, and the mayors and/or city managers of the other cities in said county in the formation of a civil defense council for the County of Jefferson, and shall have the authority to cooperate in the formation of a civil defense plan for the County of Jefferson, and the appointment of a civil defense director for the County of Jefferson, as well as all other powers necessary to participate in the countywide program of civil defense and disaster relief insofar as said program may affect the City of Beaumont. 29 - Section 2-40. City Manager Authorized to Declare Emergency; Duties and Responsibilities. The City Manager shall have the authority to request the declaration of the existence of an emergency by the City Council or by higher authority . In the event it is deemed necessary to declare the existence of an emergency without delay , the City Manager may , if the City Council is not in session, do so, but such action shall be subject to confirmation by the City Council at its next meeting. The duties and responsibilities of the City Manager shall include the following: 1 ) The control and direction of the actual operation or training efforts of the civil defense and disaster relief organization of the City of Beaumont; 2 ) The determination of all questions of authority and responsibility that may arise within the civil defense and disaster relief oraanization of the City of Beaumont; 3 ) The maintenance of necessary liaison with other municipal, district, state, county , regional, federal, or other civil defense organizations; 4 ) The marshalling, after declaration of an emergency as provided for above, of all 30 - i R necessary personnel, equipment or supplies from any department of the City of Beaumont to aid in the carrying out of the civil defense plan; 5 ) The issuance of all necessary proclamations as to the existence of an emergency and the immediate oeprational effectiveness of the civil defense plan; 6 ) The issuance of reasonable rules, regulations or directives which are necessary for the protection of life and property in the City of Beaumont. Such rules and regulations shall be filed in the office of the City Clerk , and shall receive widespread publicity unless publicity will be of aid and comfort to the enemy; 7 ) The supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county in which said city is located and with other municipalities within the county, for the county-wide coordination of efforts in defense and disaster relief; 8 ) The supervision of and final authorization for the procurement of all necessary supplies 31 - and equipment, including acceptance of private contributions; 9 ) The authorizing of agreements, in coordination with the City Attorney , for the use of private property for air raid shelters and other purposes. Section 2-41. Civil Defense Disaster Relief; Creation, Functions and Duties. The operational civil defense disaster relief organization of the City of Beaumont shall consist of the officers and employees of the City of Beaumont designated by the City Manager as approved by the City Council as well as all volunteer municipal defense workers. The functions and duties of this organization shall be distributed among such divisions, services and special staff as the City Council shall prescribe by resolution. Any such resolution shall set forth the form of organization, establish and designate divisions and services, assign functions, duties and powers, and designate officers and employees to carry out the provisions of this article. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the State Defense and 32 - i Disaster Relief Council of the State of Texas and of the Federal Government. Section 2-42. Council, Oath of Office. Each person serving as a member of the municipal civil defense council, or as an officer, employee or volunteer in any capacity in the municipal civil defense and disaster relief organization created by resolution pursuant to the authority herein conferred, shall, prior to assuming their duty or duties, take an oath which shall be substantially as follows: "I DO SOLEMNLY SWEAR (OR AFFIRM) THAT I WILL SUPPORT AND DEFEND THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE STATE OF TEXAS, AGAINST ALL ENEMIES, FOREIGN AND DOMESTIC; THAT I WILL BEAR TRUE FAITH AND ALLEGIANCE TO THE SAME; THAT I TAKE THIS OBLIGATION FREELY, WITHOUT ANY MENTAL RESERVATION OR PURPOSE OF EVASION, AND THAT I WILL WELL AND FAITHFULLY DISCHARGE THE DUTIES UPON WHICH I AM ABOUT TO ENTER. AND I DO FURTHER SWEAR (OR AFFIRM) THAT I DO NOT ADVOCATE, NOR AM I A MEMBER OR ANY AFFILIATE OF ANY POLITICAL PARTY OR ORGANIZATION, GROUP - 33 - i OR COMBINATION OF PERSONS THAT ADVOCATES THE OVERTHROW OF THE GOVERNMENT OF THE UNITED STATES OR OF THIS STATE BY FORCE OR VIOLENCE; AND THAT DURING SUCH TIME AS I AM A MEMBER OF THE MUNICIPAL CIVIL DEFENSE COUNCIL OF THE CITY OF BEAUMONT, I WILL NOT ADVOCATE NOR BECOME A MEMBER OF AN AFFILIATE OF ANY ORGANIZATION, GROUP OR COMBINATION OF PERSONS OR OF ANY POLITICAL PARTY THAT ADVOCATES THE OVERTHROW OF THE GOVERNMENT OF THE UNITED STATES OR OF THIS STATE BY FORCE OR VIOLENCE. " Section 2-43. Operation of Siren Without Authorization Prohibited. It shall be unlawful for any person to operate a siren or other device so as to simulate a waraning alarm, or the termination of a warning without proper authority . Section 2-44 . Provisions Supersede Former Ordinances, Orders, Rules and Regulations. At all times when the orders, rules and regulations made and promulgated pursuant to this article shall be in effect, they shall supersede all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith. - 34 - i Section 2-45. Article Not to Conflict with Other Governmental Provisions. This article shall not be construed so as to conflict with any state or federal statute or with any military or naval order, rule or regulation. Section 2-46. Article Promulgated to Protect the Public; Disclaimer of Liability. This article is an exercise by the city of its governmental functions for the protection of the public pease, health and safety and neither the City of Beaumont, the agents and representatives of said city , or any individual receiver, firm, partnership, corporation, association, or trustee, or any of the agents thereof, in good faith carrying out, complying with or attempting to comply with, any order, rule or regulation promulgated pursuant to the provisions of this ordinance shall be liable for any damage sustained to person or property as the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the City of Beaumont a license or privilege, or otherwise permits the city to inspect, designate and use the whole or any part or - 35 - parts of such real estate, together with his successors in interest, if any , not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person. Section 2-47 . Expenditure of Funds Must be Approved by City Manager and Council. No person shall have the right to expend any public funds of the city in carrying out any civil defense activity authorized by this ordinance without prior approval by the City Manager and City Council, nor shall any person have any right to bind the city by contract, agreement or otherwise without prior and specific approval of the City Manager and City Council . Section 2-48 . Violations of Provisions. It shall be unlawful for any person willfully to obstruct, hinder or delay any member of the civil defense organization in the enforcement of any rule or regulation issued pursuant to this article, or to do any act forbidden by a rule or regulation issued pursuant to the authority contained in this article. It shall likewise be unlawful for any person to wear, - 36 - 0 -7 /C� f ^ carry or display any emblem, insignia or any other means of identification as a member of the civil defense organization of the City of Beaumont, unless authority to do so has been granted to such person by the proper officials. 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 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only . PASSED BY THE CITY COUNCIL of the City of Beaumont this the _� day of Mayor - 37 - t- FIXED BASE OPERATOR EXHIBIT "A" FIXED BASE OPERATOR A. Fixed Base Operator (FBO) shall provide the 'following minimum activities or ser- vices: I. Aircraft Line Services: a. Fueling, lubricating, and miscellaneous service. b. Public lounge facilities. c. Public restrooms and telephone. d. Loading, unloading and towing. e. Office space. 2. Primary Flight Instruction and Training. 3. Aircraft Airframe and Engine Repair, Maintenance and Overhaul . B. Fixed Base Operator (FBO) may provide the following activities & services: 1 . New and used aircraft sales and rental . 2. Aircraft charter. 3. T-hangar storage. 4. Ramp parking and tie-down C. Fixed Base Operator (FBO) shall meet the following Minimum Standards and Re- quirements: 1. Aircraft Line Services activities shall provide: a. Fueling and lubricating oil sales and service (1) The Operator shall demonstrate, to the satisfaction of the City, . that satisfactory arrangements or agreements have been made, with a reputable aviation gasoline and lubricant distributor who will provide the Operator with an enforceable agreement, to purchase fuel and oil in such quantities as are necessary .to meet the re quirements set forth herein. Aviation fuels and oils delivered to the Operator under the purview of the minimum rental rates established as a part hereof. Fueling and lubricating sale, and into-plane delivery of aviation fuels, lubricants and other related petroleum products shall be available to the public a minimum of 12 hours, 7:00 a.m. to 7:00 p.m. , -I- J 7 days a --ek. FBO shall maintain an ad ite inventory of at least one (1) brand and �two (2) generally accepted grades of cvia- tion fuel, engine oil and lubricants. FBO shall provide mobile fuel dispensing equipment, with reliable metering devices sub- ject to an independent inspection of the Departinent of Weights and Measures, capable of servicing, in an efficient and safe manner, all types of general aviation aircraft. FBO shall have two metered filter-equi ed dis ensers, fixed or mobile for ;spensing two gra es a gasoline rom storage tanks having a minim ga ons eac . WoAle dispensinj trucks shall ave a total of 300 gallons capacity for each grade of fuel. Separate dispensing pumps for each grade of fuel are re- quired. In conducting refueling operations, FBO shall install and use adequate electrical grounding facilities at fueling locations to eliminate the hazards of static electricity and shall pro- vide approved types of fire extinguishers or other equipment com- mensurate with the hazard involved with fueling, defueling, and servicing aircraft. All FBO fueling services and systems shall be subject to inspection for fire and other hazards by the Airport Superintendent and the appropriate state and local fire- agency. FBO shall meet all applicable fire codes; federal, state, and local laws, statutes,ordinances,, rules, and regulations pertaining to fire safety. All fuel stationary storage tanks will be installed underground. Only non-contaminated fuel shall be pumped into the aircraft serviced. Fuel delivered shall be bright, clean, pure and free of micro- scopic organisms, water or other contaminants . Quality control of the fuel is the responsibility of the FBO. The Operator shall maintain current fuel reports on file and avialable for auditing at any time by the City of the Federal Aviation Administration. Fueling service by the FBO shall be in full compliance with good safety practices, including proper fire protection and electrical grounding of aircraft during fueling operations. (2) FBO servicing of aircraft, such as cleaning of the interior and exterior of aircraft: FBO shall provide proper equipment for repairing and inflating aii- craft tires, servicing oleo struts, changing engine oil , washing aircraft and aircraft windows, and recharging or energizing dis- charged aircraft batteries and starters. (3) FBO shall provide for the adequate and sanitary handling and dis- posal, away from the Airport, of his trash, waste and other materials, including but not limited to used oil, solvents, and other waste . The piling or storage of crates, boxes, barrels, and other containers will not be permitted within the leased premises . -2- 3. Aircraft Airframe and Engine Repair, .Maintenance and Overhaul An aircraft engine and accessory maintenance and repair operator is a person, firm or corporation engaged in a business capable of providifi g one or a com- bination of Federal Aviation Administration approved airframe, power plant and accessory overhaul and repair services on general aviation aircraft. Activities which shall be provided include: a. Sufficient hangar space to house any aircraft 'upon which airframe or engine repairs are being performed. b. Suitable inside and outside storage space for aircraft before and after repair and maintenance have been accomplished. c. Adequate shop space to house the equipment and adequate equipment and machine tools, jacks, lifts, and testing equipement to perform overhauls as required for FAA certification and repair of parts not needing re- placement on general aviation aircraft. d. The minimum stock of readily expendable spare parts, or adequate arrange- ments for securing spare parts required for the type of aircraft and models sold. e. At least one FAA certificated airframe and power plant mechanic available during eight hours of the day, five days per week. 4. New and Used Aircraft Sales and Rental activity is not required as a "Fixed Base Operator minimum service; however, if provided, the Fixed Base Operator shall provide: a. Suitable office space for consumating sales and rentals and the keeping of the proper records in connection therewith. b. Hangar storage space for at least one aircraft to be used for sales or rentals. c. For rental, at least one airworthy aircraft properly maintained and certificated. d. For sales activity of a new aircraft, a sales or distributorship franchise from a recognized aircraft manufacturer of new aircraft and at least one demonstrator model of such aircraft. e. Adequate facilities for servicing and repairing the aircraft. f. A certificated pilot capable of demonstrating new aircraft for sale or for checking out other pilots in rental aircraft. He shall be available for eight hours during the working day. _3_ g. Current t.r .o-date specifications and pr_ . _ lists for types and Models of new aircraft sold. h. Proper checklists and operating manuals on all aircraft rented and aircraft sold. S. Aircraft Charter activity, although not required of the Fixed Base Operator, if provi e s all consist of providing: a. Adequate table, desk or counter for checking in passengers, handling fare collection, and handling of luggage as well as crew and pas- senger lounge facilities. b. Suitable, properly certificated aircraft with properly certificated and qualified operating crew. c. The FBO shall comply with all Federal , State and Local Iaws, ordinances and regulations which relate to the provision of this activity. 6. T-Hangar Storage is not required, however, if provided; a. The FBO will comply with all relevant city codes and procedures governing construction. b. Hangar floors will be of asphalt or concrete, with City approval of material type and quantity. c. An am:*ended agreem=ent between the City and the FBO will be required prior to the commencement of construction should the FBO desire to construct hangar facilities . 7. Ramp Parking and Tie-Down is presently available, however, if the FBO desires to construct additional space, City approval of construction type and location must be obtained. D. Lease Terms and Conditions shall be as follows: 1. It is the intention of the City to write a lease requiring the Fixed Base Operator to provide the preceding services. It is also the intention of the City that all leases be 'net" leases. That is, that total costs for amortizing the investment and maintenance costs be borne by the FBO. For the purpose of maintaining and operating the Airport and providing the public facilities theron, certain charges are made. The following lease terms and conditions outline this policy: -4- a. If the Cit. onstructs and finances the i� ivement , amortization is based on the existing - rate-of financing cost plus 1 for 20 years. b. Land and existing facilities rent shall be re-evaluated and changed every five years . The current undeveloped land rent is 3.0; per square foot per year. c. The rates or charges for aircraft parking, tie-down and storage made by operators shall be determined by the FBO, subject to the prior written approval of the City first obtained and subject, futher, to the requirement that all such rates or charges shall be reasonable and be equally and fairly applied to all users of the ser- vices. All rates and charges shall be filed with the City. d. The City currently charges 3.0f per gallon of fuel delivered into aircraft. These charges shall be re-evaluated and changed every five years . e. All payment, made by the FBO to the City shall be paid on or before the tenth of the month following the month in which the costs are incurred. f. The Operator shall at its own expense, pay all taxes and assessnaents against any building or any other structures placed on the premises and owned by them. g. All utilities are to be paid directly by the Operator. h. All building maintenance on City owned and operated facilities shall be borne by the City. Maintenance of the entire leased area including interior maintenance of City owned facilities leased by the FBC shall be that of the FBO. Interior maintenance shall include windows and hangar doors. i. ?Maintenance on individually owned facilities and pavements shall be borne by the owner or lessee throught the lease period. j . All sublease agreements must receive prior written approval of the City. k. FBO shall be required to carry public liability insurance for his sub- lessee or provide a certificate of insurance which shows the lessee and the City as named insured, in amounts communsurate with sublessee's individual activities and services. 1 . No oils, greases, detergents, or other insoluble substance shall be placed in the sewage or drainage systems or on the ground. All local, state, and federal laws, regulations, and ordinances gover- ning the disposal of waste materials shall be complied with by the FBO. -S- m. These Minimum Standards -shall-be an integral part of the lease agreement and may be included by reference. n. FBO's, in their operation and use of the Airport, will not, on the grounds of race, color, sex or national origin, discriminate, or permit discrimination against any person or group of persons in any manner prohibited by the Federal Aviation Regulations (FAR Part 15) . o. Since many of the facilities required by these standards are in ex- istance at the Airport and could be leased by the FBO, the term of the lease negotiated will depend on the investment made by the FBO. For example, if the FBO leases all the facilities required from the City the lease term shall not be longer than five years . If, however, the FBO constructs the needed facilities the lease term will be accordingly longer to allow for amortization of the FBO's invest- ment. The lease term shall in no case exceed twenty years . 2. Insurance Coverage shall be provided and paid, for by the FBO in the following amounts with the City of Beaumont, and all other personnel as additional insured. A Certificate of Insurance or a copy of the insurance policies involved will be furnished to the City and 10 days ' advance written notice of any change to any policy or cancellation of any policy shall be given to the City. a. Aircraft Liability: Bodily Injury (Each Accident) 100,000 each person 300,000 for more than one person Passenger Liability 75,000 each passenger, each accident Property Damage 100,000 each accident b. Comprehensive Public Liability and Property Damage Including Contractual Liabiiit y: Bodily Injury (Each Accident) 300,000 Property Damage 100,000 each accident Broad form liability endorsement form G222 shall be included. i E -6- ' b c. Hangar Keeper's Liability: V 250,000 each accident t` d. Products' and Completed Operations 300,,000 each accident, 100,000 Property Damage e. Student and Renter's Liability: 25,000 per accident excluding passengers f. Motor Vehicle Liability: Bodily Injury (Each Accident) 250,000 each person 500,000 per occurance Property Damage 100,000 each accident g. Workmen's Compensation and Employer's Liability: Up to Statutory Limit