HomeMy WebLinkAboutPACKET JUL 12 2011 RiQS
BEA
T • $ • X • A • g
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JULY 12,2011 1:30 PAL
CONSENT AGENDA
* Approval of minutes—June 28,2011
* Confirmation of committee appointments
Bill Little would be appointed as an alternate to the Planning and Zoning Commission. The term
would commence July 12,2011 and expire July 11,2014. (Mayor Becky Ames)
Jeff Purcell would be appointed to the Police Department Community Advisory Committee. The
term would commence July 12,2011 and expire July 11,2013. (Councilmember Mike Getz)
Karl Duerr would be appointed to the Police Department Community Advisory Committee. The
term would commence July 12,2011 and expire July 11,2013. (Councilmember Mike Getz)
A. Approve a contract for temporary personnel services
B. Authorize the conveyance of an Aerial Easement to Entergy,Texas at the Northeast
corner of Lucas and Calder Avenue
C. Authorize the acceptance of a ten foot wide Exclusive Water Line Easement located at
3415 West Cardinal Drive
D. Authorize the acceptance of a ten foot wide Exclusive Water Line Easement to provide
water and fire protection services for Westbrook High School located at 8750 Phelan
Blvd
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following appointment be made:
A2Wntment Commissian ftWnning Expiration
Bill Little, Alternate Planning and Zoning Commission 07/12/11 07/11/14
Jeff Purcell Police Dept. Community Advisory 07/12/11 07/11/13
Committee
Karl Duerr Police Dept. Community Advisory 07/12/11 07/11/13
Committee
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of July,
2011.
- Mayor Becky Ames -
A
RICH WITH OPPORTUNITY
BEAUMfludn
T - Z • a . A • B City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officers
MEETING DATE: July 12, 2011
REQUESTED ACTION: Council consider authorizing the award of contracts for
temporary Personnel services.
RECOMMENDATION
Administration recommends the award of annual contracts to Advance Std Inc., of
Beaumont in the estimated amount of$21,780;to Cooper Group,Inc.,of Bit in the
estimated amount of$21,280;to Labor Ready Central, of Beaumont in the estimated amount of
$29,950; and to American Personnel, Inc.,of Beaumont in the estimated amount of$20,000.
Total estimated contracted value is$93,010.
BACKGROUND
Ten(10)companies submitted bids for an annual contract to provide temporary employees to fill
positions in business offices, skilled and unskilled laborers, equipment operators, and Licensed
Vocational Nurses(LVN). Temporary employees are necessary for various job positions
throughout the City when vacancies occur due to events such as medical leave,vacations, or
short term projects.
Specifications for the contrad require temporary staffing agencies to provide pre-screened and
qualified individuals on an on-call and&%4w dad basis. Temporary employees must pass a drug
screen and a criminal background search prior to being assigned to the City. The contract
specifications requested firm hourly prices inclusive of wages,benefits,testing, screening,
workers compensation,taxes, and agency fees.
Administration recommends awarding the contract for Skilled and Unskilled Labor pow to
Advanced Staffing,Inc., at the hourly rates indicated below. This agency is a current contract
and has satisfactorily provided pre-screened, qualified individuals to fill frequent temporary
positions during its contract with the City.
Armual Contract for Temponvy Personnel Services
July 12, 2011
Page 2
Administration i awarding the c outnba for Office I and II,to Cooper Group,Inc., for
Equipment Opm*or I and II,to Labor Ready Central,Inc., and fm'LVNs to American Personnel
Services, Inc., at the hourly rates indicated below. The three vendors above are new providers to
this comict.
Vaaiw 011ie I Ogee U mid UAdMW =qd■emt Zgeonno LVN
Labor LAW Opeom I Oreoer Q
HMb UM4 NMb BMV BMb DMEbb HMb
Roe Roe Oft Roe Roe Roe Roe
Advanced Staffmg,Im' $10.40 $11.05 r $14.85 $1620 $2025
Bea nwK TX
COOS Grow. $11.47 $10.80 $14.00 $1620 NB
Bests TX
Labor Ready Ca",lac. $10.85 $11.54 $11.81 51124 , NB
BeamnoK TX
American Peraoam l 510.80 $11.55 $11.78 $11.12 $18.00 $19.50 _
Services,Inc.
Beaumont,TX
Pe aumo l
hr-
Beaumont,TX $10.87 511.55 511.83 511.14 $17.87 $20.01 $21.00
Compleftshom $10.31 $12.50 NB NB NB NB NB
Bridge City,TX
Lofton Staffaig,Inc' $11.04 $13.80 $1120 514.00 518.46 $24.14 S22.88
Best,TX
Advantage Staffing'Inc. $10.75 $12.13 $13.48 $11.33 $16.08 $20.84 NB
BammoK TX
Labor Finders,Inc' $1225 $15.32 $16.39 513.09 $16.35 $27.79 $32.88
BemwwK TX
Port Ardw Low'be' $1320 $14.52 $14.52 510.89 $15.84 519.80 $22.95
Port Arthur,TX
BUDGETARY E"ACT
Funds are available for this expenditure in the user Departments' operating budgets.
RESOLUTION NO.
WHEREAS, bids were solicited for an annual contract to provide temporary
personnel services; and,
WHEREAS, Advance Staffing, Inc., Cooper Group, Inc., Labor Ready Central,
and American Personnel Services, Inc., of Beaumont, Texas, submitted bids for the
categories and at the hourly rates shown below:
Vendor Office I Office II Skilled Unskilled Equipment Equipment LVN
Labor Labor Operator I Operator It
Hourly Hourly Hourly Hourly Hourly Hourly Hourly
Rate Rate Rate Rate Rate Rate Rate
Advanced Staffing, Inc. $10.40 $11.05 $11.22 $10.56 $14.85 $16.20 $20.25
Beaumont,TX
Cooper Group, Inc. $10.32 10.96 $11.47 $10.80 $14.00 $16.20 NB
Beaumont,TX
Labor Ready Central, $10.86 $11.54 $11.81 $11.24 $14.75 $16.20 NB
Inc.
Beaumont,TX
American Personnel $10.80 $11.55 $11.78 $11.12 $18.00 $19.50 $20.00
Services, Inc.
Beaumont,TX
and,
WHEREAS, City Council is of the opinion that the bids submitted by Advance
Staffing, Inc., Cooper Group, Inc., Labor Ready Central, Inc., and American Personnel
Services, Inc., of Beaumont, Texas, as shown above should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the bids submitted by Advance Staffing, Inc., Cooper
Group, Inc., Labor Ready Central, Inc., and American Personnel Services, Inc., of
Beaumont, Texas, for an annual contract to provide temporary personnel services for
the categories and at the hourly rates shown above be accepted by the City of
Beaumont; and,
THAT the City Manager be and he is hereby authorized to execute a contract
with Advance Staffing, Inc., Cooper Group, Inc., Labor Ready Central, Inc., and
American Personnel Services, Inc. for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
July, 2011.
- Mayor Becky Ames -
s
RICH WITH OPPORTUNITY
BEA�UMON, *
T • $ • g A . s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
Q�.
PREPARED BY: Patrick Donart,Public Works Director
MEETING DATE: July 12,2011
REQUESTED ACTION: Council consider authorizing the conveyance of an Aerial
Easement to Entergy, Texas.
RECOMMENDATION
The Administration recommends acceptance of a ten(10') foot Aerial Easement to Entergy,
Texas at the Northeast corner of Lucas and Calder Avenue adjacent to GeoBurrito.
BACKGROUND
Due to the City of Beaumont Calder Avenue Drainage Project,Entergy, Texas needs to acquire
a ten(10') foot Aerial Easement at the Northeast corner of Lucas and Calder Avenue to allow for
maintenance and upgrading of the existing Entergy power lines. The property is described as
being a portion of land out of Lot 5 Block 1 Calder Highlands Addition.
BUDGETARY IMPACT
None.
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the conveyance of a ten foot
(10') aerial easement to Entergy, Texas, said easement being a portion of land out of Lot
5, Block 1, Calder Highlands Addition, as described in Exhibit"A"and shown on Exhibit"B"
attached hereto, for the purpose of maintenance and upgrading of existing Entergy power
lines for the Calder Avenue Drainage and Pavement Improvement Project, Phase III; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the authorization of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and
THAT the conveyance of an aerial easement as described in Exhibit"A"and shown
on Exhibit "B," be and the same is hereby, in all things, accepted; and
THAT the City Manager be and he is hereby authorized to convey the aerial
easement as described in attached Exhibits "A" and "B" to Entergy, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of July,
2011.
- Mayor Becky Ames -
STATE OF TEXAS
COUNTY OF(COUNTY NAME)
RIGHT-OF-WAY INSTRUMENT-ENTERGY TEXAS,INC.
KNOW ALL MEN BY THESE PRESENTS THAT:City of Beaumont,Grantor,acting individually,and
for, and on behalf of,my/our heirs, successors, assigns and any other person claiming the ownership to the property
hereinafter described, collectively"Grantor", for and in consideration of One Dollar, in hand paid, and other good
and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, does hereby grant,assign,
convey unto and warrant and defend Entergy Texas, Inc. (formerly known as Entergy Gulf States, Inc.), and its
successors and assigns, collectively"Grantee", a right-of-way, servitude and easement 10(ten) feet in width for the
aerial location, construction, reconstruction, improvements, repairs, operation, inspection, patrol, replacement and
maintenance of electric power and communication facilities, or the removal thereof;now or in the future,including,
limited to insulators,wires,cables,conduits,hardware,transformers,switches,and other such equipment,structures,
material and appurtenances,now or hereafter used,useful or desired in connection therewith by Grantee over,across,
or on that land of Grantor in the County of Jefferson,State of Texas described as follows,to-wit:
Being a portion of that certain City of Beaumont Lot 5 Block 1 Calder Highlands Addition to the City of Beaumont,
Texas,and Map or Plat being recorded in Vol.4 Pg. 155 of the Map or Plat Records of Jefferson County,Texas,and
Deed being recorded in Film Code 00104440371 of the Clerk's File of Jefferson County, Texas. See Exhibits A
and C.
It is expressly understood that the grant of this right-of-way is limited to an aerial grant. However, for purposes of
construction, reconstruction, improvements, repairs, operation, inspection, patrol, replacement, maintenance and
removal of the electric power and communication facilities, Grantee shall have the right to enter upon and to cross
Grantor's property.
Grantee shall have the full and continuing right to clear and keep clear vegetation within or growing into said right-
of-way and the further right to remove or modify from time to time trees, limbs,and/or vegetation outside the said
right of way which the Grantee considers a hazard to any of its electric power or communications facilities or a
hazard to the rendering of adequate and dependable service to Grantor or any of Grantee's customers,by use of a
variety of methods used in the vegetation management industry.
Grantor shall not construct or permit the construction of any structure, obstruction or other hazard within the said
right-of-way, including but not limited to, house, barn, garage, shed,pond, pool or well, excepting only Grantor's
fence(s) and Grantee's facilities. Grantor shall not construct or permit the construction of any buildings or other
structures on land adjoining said right-of-way in violation of the minimum clearances from the lines and facilities of
Grantee,as provided in the National Electrical Safety Code.
Property Location: Northeast corner of Lucas and Calder
Beaumont,Texas 77706
Owner Address: City of Beaumont
P.O.Box 3827
Beaumont,Texas 77704-3827
IN WITNESS WHEREOF, Grantor has executed this Right-of-Way Instrument on this _ day of
,2011.
GRANTOR:
City of Beaumont City of Beaumont
EXHIBIT "A"
WR#
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on [Date] by
[Grantor].
Notary Public,State of Texas
Stamp
Or Commission expires:
Seal
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on [Date] by
[Grantor].
Notary Public, State of Texas
Stamp
Or Commission expires:
Seal
Space Below Reserved For County Clerk's Recording Information
AFFER RECORDING, RETURN TO: Jeffrey Richard`, Distribution Right-of-Way Department, Entergy
Texas,Inc.,
60 N. 11`"Street,Beaumont,Texas 77702
Exhibit"C"
City of Beaumont Residue of Lot 5
Entergy 10-foot Wide Overhead Electrical Easement
Being the centerline of a 10-foot wide Entergy overhead electrical easement out of and a
part of that certain City of Beaumont Lot 5 Block 1 of Calder Highlands Addition to the
City of Beaumont,Texas,being recorded in Vol. 4 Pg. 155 of the Map or Plat Records of
Jefferson County, Texas, and Film Code 00104440371 of the Clerk's File of Jefferson
County,Texas, and centerline of said 10-foot wide overhead electrical easement being
more particularly described as follows,to-wit:
The Reference Bearing will be a segment of the original North line of Calder Avenue as
being N76°5 1'25"W.
For the Place of Beginning,begin at a point in the common lot line of Lot 4 Block 1 of
said Calder Highlands Addition,this point being in the East line of said Lot 5,and from
this point for locative purposes,the Southeast comer of Lot 3 of said subdivision bears
S67°1 5'53"E a distance of 103.57 feet,more or less,to a point in the North line of Calder
Avenue and S76°5 1'25"E a distance of 2.00 feet;
Thence along the centerline of said Entergy 10-foot wide overhead electrical easement
N67°1 5'53"W a distance of 10.43 feet,more or less,to a point in the new Northeasterly
line of West Lucas Street and to rminal Point of this easement.
OF F
Guy A. Stonecipher �pf�� tq�,•+9
RPLS 1779
May 25,2011 GUY A. STONCIPHER
1779 Q;
� •;"'tss�°o••l
SU10
EXHIBIT "A"
h-
Z_ �
O pn
Lo X
4 Z �.. W
'p 07
= O
F J 1 W O_
CID
m�' CALDER
o. 2 o AVENUE
N•76051'25"W TOTAL PROPERTY LINE
BOO �ROPERTY_LINE t� S.39°1 1'53"E.
CENT �Tqc sz�, E
� FR C a�sT `3
w W AE 'v im
ER� v o CTE p RpS 0'Oe p
0 7^ I
0
�C�pR
La 0 ` `06� EGtO p1n w
GE DOFt\S �k w o 0
W
OA�p00K N0. i
ER IG
g00iT10 N�NDS N
EE ��NT.Tk�' OF I
M,4P REC 4 pG AS o: J I
O�OS 5 w vi X?
U- ti
SURVEY OF ENTERGY
PROPOSED 10' WIDE OVERHEAD
POWERLINE CROSSING LOTS 3. 4. AND 5
OF CALDER HIGHLANDS ADDITION. BLOCK 1 —
CITY OF BEAUMONT, TEXAS.
CUY A. STMEC •it
r '40 1779~
GUY A.STOtKCIPHER, JR.
suit REGISTERED PROFESSIONAL TEXAS RVEYOR 1779
FAX: 409-753-2254
CELL: 409-656-5033
EXHIBIT "B"
c
RICH WITH OPPORTUNITY
BEAU�MGN*
T • A • g . A . s City Council Agenda item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: July 12, 2011
REQUESTED ACTION: Council consider authorizing the acceptance of a ten foot(10')
wide Exclusive Water Line Easement.
RECOMMENDATION
The Administration recommends acceptance of a Water Line Easement located at 3415 West
Cardinal Drive.
BACKGROUND
Nayfo Partners, Ltd has agreed to convey a ten foot(10')wide Water Line Easement to the City
of Beaumont. The property is described as out of 0.094 Acre Out of Lot 29, J. W. Survey,
Abstract No. 7 located at 3415 West Cardinal Drive.
BUDGETARYIMPACT
None.
RESOLUTION NO.
WHEREAS, Nayfro Partners, Ltd. has offered to convey a ten foot (10')wide water
line easement, said easement being 0.094 acres out of Lot 29, J.W. Survey,Abstract No.
7 located at 3415 West Cardinal Drive, as described in Exhibit "A" and shown on Exhibit
"B" attached hereto, to the City of Beaumont for the purpose of placing, constructing,
operating, repairing, rebuilding, relocating and/or removing water lines and appurtenances
to the construction of a facility located at 3415 West Cardinal Drive; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and
THAT the easement conveyed by Nayfro Partners, Ltd., as described in Exhibit"A"
and shown on Exhibit "B," be and the same is hereby, in all things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of July,
2011.
- Mayor Becky Ames -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT,NAYFO PARTNERS, LTD, of the County of Jefferson, State of Texas
hereinafter called "GRANTOR",whether one or more, for and in consideration of the sum of
ONE AND NO/100 DOLLAR($1.00), and other good and valuable consideration to us in hand
paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County,
Texas, hereinafter called "GRANTEE",the receipt and sufficiency of which consideration is
hereby acknowledged,has GRANTED, SOLD and CONVEYED,and by these presents does
GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont,
Texas 77704,Jefferson County, Texas, its successors and assigns, a Water Line Easement and
the exclusive right to construct, alter, and maintain said waterlines and appurtenances on the
hereinafter described lands which said easement is under, over, in and across those certain tracts
or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and
being more particularly described in Exhibit "A", attached and made a part hereof for all
purposes.
The easement herein granted shall be used for the purpose of placing, constructing,
operating,repairing,rebuilding,replacing, relocating, and/or removing water lines and
appurtenances, and the following rights are also hereby conveyed:
It is expressly understood and agreed that the City of Beaumont shall have the right of
ingress to and egress from the tracts of land hereinbefore described and use of the same for the
purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate
the same as permitted by law.
EXHIBIT "A"
GRANTOR agrees not to place any structures or appurtenances within the Easement
Property.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures within the Easement Property.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of , 2011.
GRANTOR:
NAYFO PARTNERS, LTD
By:
Printed Name:
Title:
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared
as of NAYFO PARTNERS, LTD,
known to me to be the person and officer whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same as the act of such corporation for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of , 2011.
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy-Engineering
P. O.Box 3827
Beaumont,TX 77704
EXHIBIT"A"
METES AND BOUNDS DESCRIPTION OF A
10 FEET WIDE TRACT OF LAND FOR WATERLINE
EASEMENT PURPOSES SITUATED IN THE J.W.BULLOCK
SURVEY,ABSTRACT NO. 7,BEAUMONT,
JEFFERSON COUNTY,TEXAS
Being a 10 feet wide tract or parcel of land for waterline easement purposes out of Lot 29 of the
M.C. Cartwright Subdivision as recorded in Volume 4, Page 194 of the Map or Plat Records,
County Clerk's Office, Jefferson County,Texas, as situated in the J.W. Bullock Survey,Abstract
No. 7, Jefferson County, Texas, said 10 feet wide tract also being a portion of that certain tract of
land (called 8.482 acres) as conveyed by deed dated October 17, 2005 from E.G. Cordts, Jr. to
NAYFO Partners, Ltd., recorded in Clerk's File No. 2005037996 of the Official Public Records
or Real Property of said County and a portion of that certain tract of land(called 9.250 acres) as
conveyed by deed dated May 11, 2007 from E.G. Cordts, Jr. to NAYFO Partners, Ltd., recorded
in Clerk's File No. 2007019063 of said Official Public Records and being more particularly
described by metes and bound as follows;
FOR LOCATIVE PURPOSES, commence at a %" steel rod with cap marked BLINE found
located on the Southerly line of U.S. Highway No. 69, 96 and 287 (a k.a. West Cardinal Drive)
marking the Northwest comer of said 9.250 acre tract and the Northeast comer of said 8.482 acre
tract, this point also marks the Northeast comer of an existing 10' waterline easement as
recorded in Clerk's File No. 2006028350 of said Official Public Records, said commencing point
having a Texas State Plane Coordinate Value of North 13,957,743.58 and East 3,512,417.56;
THENCE South 03 deg. 05 min. 59 sec. East (South 00 deg. 13 min. 28 sec. West-deed) along
the common line of said 9.250 and 8.482 acre tracts and East line of said existing 10 feet wide
easement a distance of 363.69 feet to a point marking the Southeast comer of said existing
easement and the Northeast corner and POINT OF BEGINNING of the herein described tract
of land, said beginning point having a Texas State Plane Coordinate Value of North
13,957,380.45 and East 3,512,437.22;
THENCE South 03 deg. 05 min. 59 sec. East continuing along said common line with the upper
East line of this tract a distance of 110.08 feet to a point marking and"Ell" comer of the herein
described tract of land;
THENCE North 86 deg. 54 min. 01 sec. East along the lower North line of this tract, over and
across said 9.250 acre tract a distance of 288.12 feet to a point located on the East,line of said
9.250 acre tract and West line of that certain tract of land (called 8.541 acres) as conveyed by
deed dated August 14, 2007 from E.G. Cordts, Jr. to Lomad, L.P., recorded in Clerk's File No.
2007034376 of said Official Public Records, this point also marks the lower Northeast corner of
the herein described tract of land and the Southeast comer of an existing 10 feet wide waterline
Page 1 of 3
z:%A&G SURVEYMMMETES&sourms\201 AGOS-oio.a«
EXHIBIT"A"
easement as recorded in Clerk's File no. 2007047827, same point also marks the Southwest
corner of an existing 10' feet wide waterline easement as recorded in Clerk's File No.
2008001203 of said Official Public Records;
THENCE South 03 deg. 05 min. 59 sec. East (South 00 deg. 13 min. 28 sec. West-deed) along
the common line of said 9.250 and 8.541 acre tracts with the lower East line of this tract a
distance of 10.00 feet to a point marking the Southeast corner of the herein described tract of
land;
THENCE South 86 deg. 54 min. 01 sec. West along the South line of this tract, over and across
said 9.250 acre tract, passing at a distance of 288.12 feet the common line of said 9.250 and
8.482 acre tracts and continuing for a total distance of 298.12 feet to a point marking the
Southwest comer of the herein described tract of land;
THENCE North 03 deg. 05 min. 59 sec. West along the West line of this tract a distance of
120.08 feet to a point marking the Northwest comer of the herein described tract of land, same
point marks the Southwest comer of said existing 10 feet wide easement recorded in Clerk's File
No. 2006028350;
THENCE North 86 deg. 42 min. 13 sec. East along the South line of said 10 feet wide existing
easement with the upper North line of this tract a distance of 10.00 feet to the upper Northeast
comer and POINT OF BEGINNING and containing in area 4,082 square feet or 0.094 acres of
land,more or less.
Surveyed: June,2011
�E.OF T
.►OFf R..(Bm FjppGES
y�sURV�� Jo . (Bob) Hodges R.P. .S. #4583
Notes:
Bearings, distances and coordinates referenced to the Texas State Plane Coordinate System,
South Central Zone,NAD 83.
An Exhibit of even date is being submitted with and being made a part of this Metes and Bounds
Description.
Page 2 of 3
ZAA&G SURVEYWOMETES&BOUNDS\2011\GOS-010.doo
EXHIBIT "All ST.
In �
v;s
;"S'.210.2'r-f r� *4
9 210
pm MP/4 ` PROPOSED
FND. 1/2" S.R. (S X3'34. EASEMENT
W/CAP MKD. BLINE S 7g• ,39 3���` uw,� c �owgN AVE.
N. 13 957 743.58
E. 3, 12,417.56 I £ 03 � VICINITY MAP
N.T.S.
S 7T 18'36' E 24.91'
(S 73'59'09" E—DEED)
I I S.R.
EXISTING WATERLINE ESMT. ..
CF#2006028350 O.P.R.J.C.
N 1
I E.O.CORDTN,J;L I
E.Q CORt M JR. W TO
TO I NAM PARTNERR.LTD. W
�
NAYFO ,LTD. I 111 imw ( 1113 E.Q CORDTB.JR.
10/t� El6 . TO
(CALL® t ACRES) I CPN4N007t11em , I 1°M UNmal L.P.Ion O.PJU.Q e r W41A 07
O.P.R.J.C. I I N 9 (CALM 11.041 ACRES)
V) CFWMY034M
N W4rlT E 10AW _ LOT®V I- _?2 Iii _ _I `� _ ORJU.C.
POs ?-0
N. 13.95
_7 380.45 EXISTING WATERLINE ESMT.
22 7
E. 3,512,43 .
:'•: W I CF#2007047827 O.P.R.J.C.
r •:
3 :? pfd 10'Vwk7ER m EMU.
AIII,IIIIIIIIIIIftFT. ( EXISTING WATERLINE ESMT.
OA94ACM CF#2008001203
O.P.R.J.C.
N ad' 11"ENISL1r
Z .:::::::.:::::::.:: :.:....a ee o-0•zae. r
M.C. CARTWROGo-07 suamodos ®a �EOFr
V OL. 40 PG. 'MO Gi.R.J.C- P,:............ F
���srF9•.,
FLOOD ZONE: C
FIRM: 480119 0245 B JIM. [N3 IUD a.,0_®cam K S U R M f E V, j
DATED: 6/15/1983 AMST. S
4583
NOTES:
BEARINGS REFERENCED TO THE TEXAS STATE
PLANE COORDINATE SYSTEM, SOUTH CENTRAL
ZONE, NAD 83.
GRID SCALE FACTOR: 0.999938445 EXHIBIT SHOVING PAGE
A PROPOSED 10'WATERUNE EASEMENT OUT OF LOT 29,
IN THE M.C. CARTWRIGHT SUBDIVISION
ARM Ra111 it UTSB SITUATED IN THE J.W. BULLOCK SURVEY,ABSTRACT No.7 OF
A BCXMUX �• ' 3415 W.CARDINAL DRIVE
Boom"" allow � BEAUMONT,JEFFERSON COUNTY,TEXAS
o �NL M��ftft 1M
g IC
! TEXAS REGISTERED ENGINEERING FIRM F-30 DATE: JUNE,2011 SCALE: 1`=100' DRAWN: TZAR
TEXAS LICENSED SURVEYING FIRM 100142-00 PROD. No.: GOS-010 VERSION: AUTOCAD 20111 CHECKED: JRH
EXHIBIT "B"
1 r
D
RICH WITH OPPORTUNITY
BEAUMON*
T • E • g s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: July 12,2011
REQUESTED ACTION: Council consider authorizing the acceptance of a ten foot (10')
wide Exclusive Water Line Easement.
RECOMMENDATION
The Administration recommends acceptance of a Water Line Easement to provide water and fire
protection services for Westbrook High School Classroom located at 8750 Phelan Blvd.
BACKGROUND
Beaumont Independent School District has agreed to convey a ten foot(10')wide exclusive
Water Line Easement to the City of Beaumont. The Water Line Easement will provide
mandatory access to the water lines and fire hydrants for the school property and would also
allow for the construction, alteration,operation and maintenance of the said water lines and
appurtenances.
BUDGETARY IMPACT
None.
RESOLUTION NO.
WHEREAS, the Beaumont Independent School District has agreed to convey a ten
(10) foot wide exclusive water line easement, said easement being out of the A. Houston
League, Abstract No. 33, as described in Exhibit "A" and shown on Exhibit "B," attached
hereto, to the City of Beaumont for the purpose of providing water and fire protection
services for Westbrook High School located at 8750 Phelan Boulevard and allowing for the
construction,alteration,operation and maintenance of said water lines and appurtenances;
and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and
THAT the easement conveyed by the Beaumont Independent School District, as
described in Exhibit"A" and shown on Exhibit"B,"be and the same is hereby, in all things,
accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of July,
2011.
Mayor Becky Ames -
i
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, BEAUMONT INDEPENDENT SCHOOL DISTRICT,of the County of
Jefferson, State of Texas, hereinafter called "GRANTOR",whether one or more, for and in
consideration of the sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable
consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation
domiciled in Jefferson County, Texas,hereinafter called "GRANTEE",the receipt and
sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF
BEAUMONT, P. O. Box 3827,Beaumont, Texas 77704, Jefferson County, Texas, its
successors and assigns, an easement to use,repair, alter, and maintain a single underground
water line and appurtenances on the hereinafter described lands which said easement is under,
over, in and across that certain tract or parcel of land owned by GRANTOR situated in the
County of Jefferson, State of Texas,and being more particularly described in Exhibit "A",
attached hereto and made a part hereof for all purposes. Grantor will have the right to relocate
the water line as needed for Grantor's use of the property provided the relocation is at Grantor's
expense and approved by the City of Beaumont's Water Utilities Director or similarly-titled
representative.
The easement herein granted shall be used for the purpose of operating,repairing,
rebuilding,replacing, relocating, and removing a water line as needed for operation of Grantor's
facilities on the property. The easement shall be exclusive insofar as use of the easement land for
underground utilities is concerned, but Grantor reserves the right to use the surface of the
easement land for vehicular parking, driveways, landscaping, fencing, and other surface uses that
EXHIBIT "A"
will not interfere with or damage the water line. Grantor shall have the right to pave all or any
portion of the surface of the easement land,but no permanent structures or buildings will be
constructed on the easement land. Grantor will install the water line at a depth that will not be
damaged by the contemplated use of the surface by Grantor.
It is expressly understood and agreed that the City of Beaumont shall have the right of
access to the water line and appurtenances at all reasonable times to improve,maintain and
operate the same as permitted by law, and will attempt to use existing driveways and that portion
of Grantor's property that is immediately adjacent to the water line.Non-emergency
maintenance and repairs will be with 48 hours prior notice to Grantor.
Grantor will be responsible for the initial installation or construction of the water line on
Grantor's property in accordance with the plans and specifications included in the utility plan at
Grantor's expense. After initial construction of the water line and acceptance by Grantee,
Grantee will be responsible for maintenance and repair of the water line and appurtenances at
Grantee's expense. Grantor agrees not to place any structures or appurtenances on or over the
water line that will interfere with the use of the Easement for water line purposes.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures that may be damaged by Grantee's non-negligent maintenance or repair of the water
line and appurtenances.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of 92011.
BEAUMONT INDEPENDENT SCHOOL DISTRICT
By
Dr. Carrol Thomas, Superintendent
1
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared Dr. Carrol
Thomas, Superintendent of BEAUMONT INDEPENDENT SCHOOL DISTRICT known to me
to be the person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of the said BEAUMONT INDEPENDENT
SCHOOL DISTRICT, and that he executed the same for the purposes and consideration
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of 2011.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy-Engineering
P. O.Box 3827
Beaumont,TX 77704
_1
FIM&Shipman
INC.
Consulting Engineers and Land Surveyors
Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987)
EXHIBIT"A",PAGE 1 OF 3 Terry G.Shipman,Chairman of Board
CENTERLINE DESCRIPTION Billy J.Smith,Jr.,President
OF A Donald R.IQ%P.E.
Michelle Falgout,P.E.
10' WIDE EXCLUSIVE WATER LINE EASEMENT Walter J.ICsiazek,R.P.L.S.
OUT OF THE
A. HOUSTON LEAGUE,ABSTRACT 33
JEFFERSON COUNTY,TEXAS
JUNE 28,2011
That certain centerline description for a 10' wide exclusive water line easement, 5.0' on each
side of centerline, out of the A. Houston League, Abstract 33, Jefferson County, Texas, and
being out of a called 100.00 acre tract conveyed to Beaumont ISD (aka South Park ISD) as
recorded in Volume 1492, Page 5 of the Deed Records of Jefferson County, Texas, said
centerline being more particularly described by the following courses and distances:
Note: Basis of Bearings is the west line of the said 100.00 acre tract having been called
North 00009'119" East.
COMMENCING at a concrete monument found in the east line of a called 56.974 acre tract
conveyed to Jefferson County Drainage District No. 6 as recorded in Clerks File No.
2002013054 of the Official Public Records of Jefferson County, Texas and the west line of the
said 100.00 acre tract for the northwest corner of a called 1.194 acre tract conveyed to
Jefferson County Drainage District No. 6 as recorded in Clerks File No. 2002027331 of the
Official Public Records of Jefferson County, Texas from which a 3/8" iron rod found for the
northwest corner of the said 100:00 acre tract bears North 00°09'19" East 2809.55 feet (called
North 00 009'19" East) and from which a concrete monument found in the north right-of-way line
of Phelan Boulevard for the southwest comer of the said 1.194 acre tract bears South 00°09'19"
West 50.00 feet (called South 00('09'19"West 50.00 feet);
THENCE South 89 053'50" East along the north line of the said 1.194 acre tract a distance of
195.14 feet (called South 89 047'07" East) to a point for the POINT OF BEGINNING of the said
centerline of the 10'wide exclusive water line easement;
THENCE along the said centerline with the following courses and distances:
North 00 002'22"West a distance of 515.34 feet to an angle point;
North 89 052'59"West a distance of 30.95 feet to an angle point;
North 03 009'45"West a distance of 26.04 feet to an angle point;
North 00°14'19"West a distance of 55.93 feet to an angle point;
North 00°15'05"West a distance of 49.05 feet to an angle point;
West a distance of 132.79 feet to an angle point;
North 00°12'00" East a distance of 367.62 feet to an angle point;
FITTZ&SHIPMAN,INC.
Project No.09048Task28wtresmt
Plat&Description
1405 Cornerstone Court• Beaumont,Texas 77706• (409)832-7238 fax(409) 832-7303
Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No.100186
EXHIBIT "A",PAGE 2 OF 3
North 89 059'50" East a distance of 34.08 feet to a point in the west line of a 10'wide
water line easement(No. 1)to the City of Beaumont in Resolution No. 08-234 of the City of
Beaumont Council Minutes for the POINT OF TERMINATION of the said centerline of the 10'
wide exclusive water line easement.
This description is based on a survey and plat made by Fittz& Shipman, Inc. during June 2011.
Walter J. Ksiazek+tq Registered Professional Land Surveyor No. 5321 FtE f:F T�r�
vItALTER J. KSIAZEV
W gal
���•sIJfi'4
FITTZ&SHIPAMN,INC.
Project No.09048Task28wtresmt
Plat&Description
FOUND 3/8' EXHIBIT "A". PAGE 3 OF 3
IRON ROD --I I _—
— 15' 6E UNDERGROUND
UTILITY EASEMENT
IIL8 VOL 1510, PG. 365, D.R.J.C. L
III POINT OF CITY OF BEAUMONT —
TERMINATION RESOLUTM NO. 08-234
I CITY COUNCIL MINUTES
CENTERLINE 10'WADE WATER EsMT No. 1 DISTANCE NUMBER DINECTWN
I I 10' WIDE EXCLUSIVE NUMBER
WATER LINE EASEMENT L1 N 22 W 515.34
L2 N 89152 W 30.95
III L3 N 03V9 45 W 26.04
ENTEx, INC. L4 N OM4*IV W 55.93
IVOL. 2258,PC. 273, D.R.J.C. L5 N. 00'1505 W 49.05
10'ROW AND EASEMENT L6 WEST 132:79
II J L7 N 00`1200 E 367.62
IIII CENTERLINE LB IN Ig'S9 E 34.06
10' WIDE EXCLUSIVE
tO o IIII WATER LINE EASEMENT
JI—Zf2n
mz��� IIII
Ix V)o o I I I BEAUMONT ISD
ocr
L.j yy,,II (AKA SOUTH PARK ISO)
3 Q VOL.. 1492,PG. 5,D.R.J.C.
O z I I I„� (REMAINDER OF CALLED 100.00 ACRES) 0 50 p
z Is;
a
° 9 II '3 L
>3 v II
inII
�
L2
,W
in
V W Q
g W —
I5Z� I II
�7{ GULF STATES UTILITIES COMPANY
.<m.
-8 150'RIGHT-OF-WAY
III VOL 260, PG. 207
Z VOL 1112, PG. 608
D.R.J.C.
III SURVEYOR'S CERTIFICATION:
~ I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF,
THAT THIS IS AN ACCURATE PLAT OF A SURVEY R 0ESCFWTMN MADE
o I ( ON THE GROUND UNDER MY SUPERVISION DURING JUNE 2011.
II�o I
WALTER J.KSIAZEK
II W III REGISTERED PROFESSION LAND SU
33 / / G• . Q i` 4
COMIAENC9rG `� 1 POINT OF 1�TM J. KSIAZFK
POINT / I BEGINNING �Nt1 w
10' WADE EXCLUSIVE I( CENTERLINE
WATER LFWN EASEMENT 10' WIDE EXCLUSIVE �'••..1►'•
IL=3'50r WATER LINE EASEMENT MONUMENT
D s a9.4ro7'E)
E 195.14
FOUND C) JEFFERSON COUNTY DRAINAGE OgTWCT NO 6
CONCRETE CLERKS FILE NO. 2002027331,O.P.R.J.C.
MONUMENT
(CAMEO 1.194 ACRES)
PHELAN BOULEVARD
O:\PROJECTS\09048\TASK 28 Westbrook Fbwbond W.L EASMT\O9MS728.DWG Jm 29. 2011 02:36pm
10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET NO-
RE B9S 3
IIESTBROOK ELEMENTARY
1405 CORNERSTONE COURT.BEAUMONT,TEIAS BEAUMO9NT. TEXAS PROJECT NO.
EXHIBIT "B" (409)632-7238 FAX(409)932-7303
T.&P. I#A'! 6-26-11 09o46 T28
E.FIRM 11160•T.XLS.FIRM 11GtNee
uses WtTX O#!!d81901''rT
BEA
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JULY 12,2011 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-2/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Conduct an election of Mayor Pro Tempore
2. Consider amending Chapter 6,Article 6.07 of the Code of Ordinances related to
taxicabs
WORKSESSIONS
* Receive a request related to the establishment of Jefferson County Emergency
Services District No. 3 which includes areas located within the City of
Beaumont's ETJ(Extraterritorial Jurisdiction)
* Review and discuss proposed amendments to the Solid Waste Disposal Ordinance
* Review and discuss the delivery of emergency medical services
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
1
July 12,2011
Conduct an election of Mayor Pro Tempore
According to the City Charter,the City Council shall elect one of its members as Mayor Pro
Tempore for a one (1) year term. The Mayor Pro Tempore shall perform the duties of the Mayor
in case of the absence or inability of the Mayor to perform the duties of the office, and, if a
vacancy occurs, shall become Mayor for the unexpired term. If the Mayor Pro Tempore is
unwilling to assume the duties of Mayor in the event of a vacancy in that office,then the City
Council shall appoint a Mayor Pro Tempore from its membership.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT is elected Mayor Pro Tempore for a one (1) year term.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of July,
2011.
- Mayor Becky Ames -
2
July 12,2011
Consider amending Chapter 6, Article 6.07 of the Code of Ordinances related to taxicabs
RICH WITH OPPORTUNITY
IL a
BEAUMO,#*
T • E • A • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Director of Management Operations
MEETING DATE: July 12, 2011
REQUESTED ACTION: Council consider amendments to Chapter 6, Article 6.07 of
the Code of Ordinances,related to taxicabs.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
Earlier this year, the Council held a worksession on taxicab rates. Staff recommended that the
base rate be increased by 75 cents to $2.75 for the first one-tenth mile. Council supported this
recommendation and asked that it be brought back for approval. The rates for taxicab services
are established in Section 6.07.072.
The Police Department,which regulates taxicabs that operate in the city, asked that it be given
time to research amendments to the ordinance that will provide it with better criteria for
evaluating the background of an applicant for a chauffeur's license.
The amendments proposed for Section 6.07.006 clarify the process and establish the criteria for
that evaluation. Upon approval,the Police Department will follow the guidelines established in
the Texas Occupations Code. The new process will include a records search, and staff is
proposing a$15 application fee to cover the cost of accessing the applicant's records.
BUDGETARY IMPACT
None.
Division 3.Rates and Fares
Sec.6.07.072 Amounts; regulations
(a) Authority to fix. The city council shall have the right to change or establish the rates and
fares to be charged by taxicabs in the city at any time it deems necessary.
(b) Schedule. Unless otherwise changed by the city council,the following taxicab rates and
fares shall be effective in the city:
(1) The rate or fare of either one or two(2)passengers shall be two dollars seventy-five
cents 2.75 for the first one-tenth(1/10)mile or fraction thereof
and twenty cents($0.20) for each one-tenth(1/10)mile or fraction thereof traveled
thereafter. The rate for additional passengers shall be one dollar($1.00)per
passenger,not to exceed the vehicle's maximum seating capacity,according to trade
rating.
(2) For each one minute of waiting time consumed by the taxicab at the instance of the
passenger,the rate shall be thirty cents($0.30).
(3) Whenever a taxicab is engaged on an hourly basis,whether for one or more
passengers,the rate or fare shall be fifteen dollars($15.00)for each hour. For each
quarter hour in excess of each completed hour,the rate shall be three dollars
seventy-five cents($3.75)for each quarter hour the taxicab is so engaged.
(c) Posting. There shall be posted,in a conspicuous place in a frame with a transparent cover,
on the inside of each taxicab,a card showing the rates herein prescribed; such card shall be
posted in a place easily discovered and read by any passenger riding in such taxicab.
(Ordinance 99-77, sec. 1, adopted 10/5/99; Ordinance 05-073, sec. 7,adopted 9/20/05; 1978
Code, sec. 29-52)
Sec. 6.07.006 Chauffeur's license
(a) It shall be unlawful for any person to drive or act as a chauffeur of a taxicab within the city,
without having secured a chauffeur's license duly issued to such person by the chief of police.
(b) Each applicant for a chauffeur's license shall be a eifizen of Ow United StMes-, at least
eighteen(18) years of age prior to the filing of his application for a chauffeur's license.
(c) Any person desiring to drive or act as chauffeur of a taxicab in the city shall file application
for a chauffeur's license with the chief of police at the police station on application forms to be
furnished by the chief of police. Such forms shall provide for the applicant's name,age,present
address,last place of employment,whether the applicant has been convicted of a violation of a
motor vehicle traffic or criminal law of the city or the state,with a space sufficient for particulars
concerning such violation,if any, and the length of time the applicant has driven a motor vehicle.
(d) After filling in the above-described form,the applicant shall sign same and shall swear to
the truthfulness of the answers made in such application before a notary public. After such
application has been duly sworn to,the applicant shall present such application to the chief of
police at the police station,together with an affidavit from two(2)reputable citizens of the city,
stating the applicant to be a trustworthy, sober and reliable person,of good moral character,and
that such applicant is competent to operate a taxicab.
(e) Upon receipt of any application for a chauffeur's license,the chief of police shall satisfy
himself that such applicant is qualified to operate a taxicab in the city by reviewing the
applicant's driving record and criminal history. The chief of police will use the criteria
established by Sections 53.022 (Factors in Determining Whether Conviction Relates to
Occupation) and 53.023 (Additional Factors for Licensing Authority to Consider)of the Texas
Occupations Code,to determine the applicant's fitness or ability to perform the duties and
obligations of operatin ag taxi. After the chief of police has examined the application and has
investigated the applicant for his ability to properly operate a taxicab within the city,he shall
either grant such application or refuse same. If the chief of police refuses any application,he
shall notify the applicant either personally or at the last address given in such application. The
applicant may appeal from the decision of the chief of police by giving notice in writing to the
city manager(or his designee)within ten(10)days after notification. In the event such applicant
appeals to the city manager(or his designee) for a license,the city manager(or his designee)
shall notify the applicant of the date the hearing on his application will be heard,and shall hear
the appeal of such applicant for a chauffeur's license. After receiving the evidence in connection
therewith,the city manager(or his designee) shall either refuse or approve such application. In
the event the city manager(or his designee)approves the application,the city manager(or his
designee) shall order the chief of police to issue a license to such applicant.
(f) If the application of a person is granted either by the chief of police or by the city manager
(or his designee),the chief of police shall immediately notify such applicant by letter addressed
to such applicant at the last address shown on the application. Within three(3)business days
after the postmark date of such letter,the applicant shall furnish the chief of police two(2)
recent,true photographs of such applicant, such photographs to be not less than one and one-half
(1-1/2)inches by one and one-half(1-1/2)inches,nor greater than two(2)inches by two(2)
inches,in size,one of which photographs shall be retained by the chief of police with the
application and affidavits,to be kept by the chief of police as a permanent record. The other
picture shall be firmly affixed to the license to be issued to the applicant. The license issued to
such person shall be numbered,and shall state the year for which such license is issued. Such
license shall further state the name, address, age,height,weight and color of eyes and hair, and
state that the party named on such license,whose picture is shown on the face thereof,is a duly
licensed driver of a motor vehicle in the city, and such license shall fiirther provide a space for
the signature of the licensee,which signature shall be affixed on the license in the presence of the
chief of police at the time such license is delivered to the licensee. All licenses shall be signed by
the chief of police.
(g) The license shall be kept by the licensee under a celluloid cover,while such licensee is
driving or acting as a chauffeur of a taxicab, so as to be easily seen by all passengers in such
vehicle.
(h) It shall be a violation of this section for any person holding a chauffeur's license hereunder
to fail to have same displayed in the manner stated in subsection(g)at all times in the motor
vehicle which he is driving and of which he is acting as chauffeur.
(i) All licenses issued by the chief of police under this section shall expire on the thirty-first
day of December of the year in which same are issued. It shall be a violation of this section to
drive a taxicab with a chauffeur's license displayed which has expired.
0) Any chauffeur's license issued by the city under the terms of this section may be either
revoked or suspended by the chief of police for a violation of the ordinances of the city or the
traffic laws of the state by the holder of such license, and such license may also be revoked or
suspended if the holder thereof is negligent or careless in the operation of a taxicab. Upon
revoking or suspending any license the chief of police shall notify in writing the licensee whose
license is revoked or suspended,and the chief of police shall immediately take up such license so
revoked or suspended.Within ten(10)days after revocation or suspension of the license,the
party whose license has been revoked or suspended may appeal to the city manager(or his
designee) for reinstatement. The city manager(or his designee) shall give the party so appealing
a hearing, and after a hearing,shall either sustain or reverse the action of the chief of police in
revoking or suspending such license. If the action of the chief of police is sustained by the city
manager(or his designee),the revocation or suspension of such license shall stand. If the action
of the chief of police is reversed,the license shall be returned to such licensee immediately.
(k) It shall be a violation of this section for any person to employ or permit a person to drive a
taxicab owned by such person,who does not have a valid chauffeur's license issued by the chief
of police for the current year,and such owner of such a vehicle shall require such driver to
produce a chauffeur's license issued by the city for the current year. Upon employing a driver for
a taxicab,the person owning such vehicle,or the agent thereof so employing, shall immediately
notify the chief of police of the name of such driver and the license number of the license which
such driver holds. If a driver of a taxicab is discharged or otherwise leaves the employ of the
person owning such vehicle, such person shall immediately notify in writing the chief of police
of any dismissal. Upon receipt of such a notice,the chief of police shall investigate the reasons
for such dismissal, and after completing such investigation may,if he deems it advisable,revoke
or suspend the license of the driver so dismissed. Such licensee may appeal from the action of
the chief of police to the city manager(or his designee),who shall either sustain or reverse the
action of the chief of police.
0) It shall be a violation of this section for any person owning one or more taxicabs to keep in
his employment for the driving of such vehicle any person whose license issued by the city has
been either revoked or suspended.
(m) A licensee may renew his license upon expiration thereof by filing with the chief of police
an application for renewal upon forms to be fiunished by the chief of police,and shall furnish
two (2)recent photographs of himself of the dimensions heretofore set out in subsection(f),and
shall furnish a certificate from a physician of the city showing that he is physically capable to
safely operate a motor vehicle for hire.
(n) A fifteen dollar($15)application No fee shall be charged for the issiamee Of any
chauffeur's license or a renewal thereof by the city.
(Ordinance 99-77, sec. 1, adopted 10/5/99; Ordinance 05-073,sec. 6, adopted 9/20/05; 1978
Code, sec. 29-51)
OCCUPATIONS CODE
TITLE 2 . GENERAL PROVISIONS RELATING TO LICENSING
CHAPTER 53 . CONSEQUENCES OF CRIMINAL CONVICTION
SUBCHAPTER A. GENERAL PROVISIONS
Sec . 53 . 001 . APPLICABILITY OF CERTAIN DEFINITIONS . The
definitions provided by Chapter 2001, Government Code, apply to
this chapter.
Acts 1999, 76th Leg. , ch. 388, Sec. 1, eff . Sept . 1, 1999 .
Sec. 53 . 002 . APPLICABILITY OF CHAPTER. This chapter does
not apply to:
(1) the Supreme Court of Texas, a person licensed
under the court ' s authority on behalf of the judicial department
of government, or an applicant for a license issued under the
court ' s authority on behalf of the judicial department of
government;
(2) a peace officer or an applicant for a license as
a peace officer described by Article 2 . 12, Code of Criminal
Procedure;
(3) an applicant for certification as emergency
medical services personnel under Chapter 773, Health and Safety
Code; or
(4) a person who:
(A) is licensed by the Texas Medical Board, the
Texas State Board of Pharmacy, the State Board of Dental
Examiners, or the State Board of Veterinary Medical Examiners;
and
(B) has been convicted of a felony under Chapter
481 or 483 or Section 485 . 033, Health and Safety Code .
Acts 1999, 76th Leg. , ch. 388, Sec. 1, eff . Sept. 1, 1999 .
Amended by:
1
Acts 2009, 81st Leg. , R.S. , Ch. 1149, Sec. 1, eff .
September 1, 2009 .
SUBCHAPTER B. INELIGIBILITY FOR LICENSE
Sec . 53 . 021 . AUTHORITY TO REVOKE, SUSPEND, OR DENY
LICENSE. (a) A licensing authority may suspend or revoke a
license, disqualify a person from receiving a license, or deny
to a person the opportunity to take a licensing examination on
the grounds that the person has been convicted of :
(1) an offense that directly relates to the duties
and responsibilities of the licensed occupation;
(2) an offense that does not directly relate to the
duties and responsibilities of the licensed occupation and that
was committed less than five years before the date the person
applies for the license;
(3) an offense listed in Section 3g, Article 42 . 12,
Code of Criminal Procedure; or
(4) a sexually violent offense, as defined by Article
62 . 001, Code of Criminal Procedure .
(b) A license holder' s license shall be revoked on the
license holder' s imprisonment following a felony conviction,
felony community supervision revocation, revocation of parole,
or revocation of mandatory supervision.
(c) Except as provided by Subsections (d) and (e) ,
notwithstanding any other law, a licensing authority may not
consider a person to have been convicted of an offense for
purposes of this section if, regardless of the statutory
authorization:
(1) the person entered a plea of guilty or nolo
contendere;
(2) the judge deferred further proceedings without
entering an adjudication of guilt and placed the person under
the supervision of the court or an officer under the supervision
of the court; and
2
(3) at the end of the period of supervision, the
judge dismissed the proceedings and discharged the person.
(d) A licensing authority may consider a person to have
been convicted of an offense for purposes of this section
regardless of whether the proceedings were dismissed and the
person was discharged as described by Subsection (c) if, after
consideration of the factors described by Sections 53 . 022 and
53 . 023 (a) , the licensing authority determines that :
(1) the person may pose a continued threat to public
safety; or
(2) employment of the person in the licensed
occupation would create a situation in which the person has an
opportunity to repeat the prohibited conduct.
(e) Subsection (c) does not apply if the person is an
applicant for or the holder of a license that authorizes the
person to provide:
(1) law enforcement or public health, education, or
safety services; or
(2) financial services in an industry regulated by a
person listed in Section 411. 081 (i) (19) , Government Code.
Acts 1999, 76th Leg. , ch. 388, Sec. 1, eff . Sept . 1, 1999 .
Amended by:
Acts 2009, 81st Leg. , R.S . , Ch. 616, Sec. 3 , eff . June 19,
2009 .
Acts 2009, 81st Leg. , R.S. , Ch. 1148, Sec. 1, eff . June 19,
2009 .
Sec. 53 . 0211. LICENSING OF CERTAIN APPLICANTS WITH PRIOR
CRIMINAL CONVICTIONS . (a) This section does not apply to an
applicant for a license that would allow the applicant to
provide:
(1) law enforcement services;
(2) public health, education, or safety services; or
(3) financial services in an industry regulated by
the securities commissioner, the banking commissioner, the
3
savings and mortgage lending commissioner, or the credit union
commissioner.
(b) Notwithstanding any law other than Subsection (a) and
unless the applicant has been convicted of an offense described
by Section 53 . 021 (a) , a licensing authority shall issue to an
otherwise qualified applicant who has been convicted of an
offense :
(1) the license for which the applicant applied; or
(2) a provisional license described by Subsection
(c) .
(c) A licensing authority may issue a provisional license
for a term of six months to an applicant who has been convicted
of an offense.
(d) The licensing authority shall revoke a provisional
license if the provisional license holder:
(1) commits a new offense;
(2) commits an act or omission that causes the
person' s community supervision, mandatory supervision, or parole
to be revoked, if applicable; or
(3) violates the law or rules governing the practice
of the occupation for which the provisional license is issued.
(e) The licensing authority shall issue the license for
which the applicant originally applied to a provisional license
holder on the expiration of the provisional license term if the
provisional license holder does not engage in conduct described
by Subsection (d) .
(f) If the licensing authority revokes a provisional
license under Subsection (d) , the provisional license holder is
disqualified from receiving the license for which the applicant
originally applied.
(g) An applicant who is on community supervision,
mandatory supervision, or parole and who is issued a provisional
license under this section shall provide to the licensing
authority the name and contact information of the probation or
parole department to which the person reports . The licensing
authority shall notify the probation or parole department that a
4
provisional license has been issued. The probation or parole
department shall notify the licensing authority if the person' s
community supervision, mandatory supervision, or parole
supervision is revoked during the term of the provisional
license .
Added by Acts 2009, 81st Leg. , R.S . , Ch. 616, Sec. 4 , eff . June
19, 2009 .
Sec. 53 . 022 . FACTORS IN DETERMINING WHETHER CONVICTION
RELATES TO OCCUPATION. In determining whether a criminal
conviction directly relates to an occupation, the licensing
authority shall consider:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the purposes for
requiring a license to engage in the occupation;
(3) the extent to which a license might offer an
opportunity to engage in further criminal activity of the same
type as that in which the person previously had been involved;
and
(4) the relationship of the crime to the ability,
capacity, or fitness required to perform the duties and
discharge the responsibilities of the licensed occupation.
Acts 1999, 76th Leg. , ch. 388, Sec. 1, eff . Sept. 1, 1999 .
Sec . 53 . 023 . ADDITIONAL FACTORS FOR LICENSING AUTHORITY TO
CONSIDER. (a) In determining the fitness to perform the duties
and discharge the responsibilities of the licensed occupation of
a person who has been convicted of a crime, the licensing
authority shall consider, in addition to the factors listed in
Section 53 . 022 :
(1) the extent and nature of the person' s past
criminal activity;
(2) the age of the person when the crime was
committed;
5
(3) the amount of time that has elapsed since the
person' s last criminal activity;
(4) the conduct and work activity of the person
before and after the criminal activity;
(5) evidence of the person' s rehabilitation or
rehabilitative effort while incarcerated or after release; and
(6) other evidence of the person' s fitness, including
letters of recommendation from:
(A) prosecutors and law enforcement and
correctional officers who prosecuted, arrested, or had custodial
responsibility for the person;
(B) the sheriff or chief of police in the
community where the person resides; and
(C) any other person in contact with the
convicted person.
(b) The applicant has the responsibility, to the extent
possible, to obtain and provide to the licensing authority the
recommendations of the prosecution, law enforcement, and
correctional authorities as required by Subsection (a) (6) .
(c) In addition to fulfilling the requirements of
Subsection (b) , the applicant shall furnish proof in the form
required by the licensing authority that the applicant has:
(1) maintained a record of steady employment;
(2) supported the applicant ' s dependents;
(3) maintained a record of good conduct; and
(4) paid all outstanding court costs, supervision
fees, fines, and restitution ordered in any criminal case in
which the applicant has been convicted.
Acts 1999, 76th Leg. , ch. 388, Sec. 1, eff . Sept. 1, 1999 .
Sec. 53 . 024 . PROCEEDINGS GOVERNED BY ADMINISTRATIVE
PROCEDURE ACT. A proceeding before a licensing authority to
establish factors required to be considered under this
subchapter is governed by Chapter 2001, Government Code.
6
Acts 1999, 76th Leg. , ch. 388, Sec . 1, eff . Sept. 1, 1999 .
Sec . 53 . 025 . GUIDELINES. (a) Each licensing authority
shall issue guidelines relating to the practice of the licensing
authority under this chapter. The guidelines must state the
reasons a particular crime is considered to relate to a
particular license and any other criterion that affects the
decisions of the licensing authority.
(b) A state licensing authority that issues guidelines
under this section shall file the guidelines with the secretary
of state for publication in the Texas Register.
(c) A local or county licensing authority that issues
guidelines under this section shall post the guidelines at the
courthouse for the county in which the licensing authority is
located or publish the guidelines in a newspaper having
countywide circulation in that county.
(d) Amendments to the guidelines, if any, shall be issued
annually.
Acts 1999, 76th Leg. , ch. 388, Sec . 1, eff . Sept. 1, 1999 .
SUBCHAPTER C. NOTICE AND REVIEW OF SUSPENSION, REVOCATION, OR
DENIAL OF LICENSE
Sec. 53 . 051. NOTICE. A licensing authority that suspends
or revokes a license or denies a person a license or the
opportunity to be examined for a license because of the person' s
prior conviction of a crime and the relationship of the crime to
the license shall notify the person in writing of :
(1) the reason for the suspension, revocation,
denial, or disqualification;
(2) the review procedure provided by Section 53 . 052 ;
and
(3) the earliest date the person may appeal the
action of the licensing authority.
7
Acts 1999, 76th Leg. , ch. 388, Sec. 1, eff . Sept. 1, 1999 .
Sec. 53 . 052 . JUDICIAL REVIEW. (a) A person whose license
has been suspended or revoked or who has been denied a license
or the opportunity to take an examination under Section 53 . 021
and who has exhausted the person' s administrative appeals may
file an action in the district court in the county in which the
licensing authority is located for review of the evidence
presented to the licensing authority and the decision of the
licensing authority.
(b) The petition for an action under Subsection (a) must
be filed not later than the 30th day after the date the
licensing authority' s decision is final and appealable.
Acts 1999, 76th Leg. , ch. 388, Sec . 1, eff . Sept. 1, 1999 .
SUBCHAPTER D. PRELIMINARY EVALUATION OF LICENSE ELIGIBILITY
Sec . 53 . 101 . DEFINITIONS . In this subchapter:
(1) "License" means a license, certificate,
registration, permit, or other authorization that:
(A) is issued by a licensing authority; and
(B) a person must obtain to practice or engage
in a particular business, occupation, or profession.
(2) "Licensing authority" means a department,
commission, board, office, or other agency of the state that
issues a license.
Added by Acts 2009, 81st Leg. , R.S. , Ch. 616, Sec . 1, eff . June
19, 2009 .
Sec . 53 . 102 . REQUEST FOR CRIMINAL HISTORY EVALUATION
LETTER. (a) A person may request a licensing authority to
issue a criminal history evaluation letter regarding the
person' s eligibility for a license issued by that authority if
the person:
8
(1) is enrolled or planning to enroll in an
educational program that prepares a person for an initial
license or is planning to take an examination for an initial
license; and
(2) has reason to believe that the person is
ineligible for the license due to a conviction or deferred
adjudication for a felony or misdemeanor offense .
(b) The request must state the basis for the person' s
potential ineligibility.
Added by Acts 2009, 81st Leg. , R. S. , Ch. 616, Sec. 1, eff . June
19, 2009 .
Sec . 53 . 103 . AUTHORITY TO INVESTIGATE. A licensing
authority has the same powers to investigate a request submitted
under this subchapter and the requestor' s eligibility that the
authority has to investigate a person applying for a license.
Added by Acts 2009, 81st Leg. , R.S. , Ch. 616, Sec. 1, eff . June
19, 2009 .
Sec . 53 . 104 . DETERMINATION OF ELIGIBILITY; LETTER. (a)
If a licensing authority determines that a ground for
ineligibility does not exist, the authority shall notify the
requestor in writing of the authority' s determination on each
ground of potential ineligibility.
(b) If a licensing authority determines that the requestor
is ineligible for a license, the licensing authority shall issue
a letter setting out each basis for potential ineligibility and
the authority' s determination as to eligibility. In the absence
of new evidence known to but not disclosed by the requestor or
not reasonably available to the licensing authority at the time
the letter is issued, the authority' s ruling on the request
determines the requestor' s eligibility with respect to the
grounds for potential ineligibility set out in the letter.
9
(c) A licensing authority must provide notice under
Subsection (a) or issue a letter under Subsection (b) not later
than the 90th day after the date the authority receives the
request.
Added by Acts 2009, 81st Leg. , R.S. , Ch. 616, Sec. 1, eff . June
19, 2009 .
Sec . 53 . 105 . FEES. A licensing authority may charge a
person requesting an evaluation under this subchapter a fee
adopted by the authority. Fees adopted by a licensing authority
under this subchapter must be in an amount sufficient to cover
the cost of administering this subchapter.
Added by Acts 2009, 81st Leg. , R.S. , Ch. 616, Sec. 1, eff . June
19, 2009 .
10
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 6,
ARTICLE 6.07, SUBSECTION 6.07.006(b), (e) AND (n);
SUBSECTON 6.07.072(b)(1) OF THE CODE OF
ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENATLTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 6, Article 6.07, Division 1, Subsections 6.07.006(b), (e) and (n) of
the Code of Ordinances of the City of Beaumont be and the same are hereby amended
to read as follows:
Sec. 6.07.006 Chauffeur's license
(b) Each applicant for a chauffeur's license shall be at least eighteen (18) years of age
prior to the filing of his application for a chauffeur's license.
(e) Upon receipt of any application for a chauffeur's license, the chief of police shall
satisfy himself that such applicant is qualified to operate a taxicab in the city by
reviewing the applicant's driving record and criminal history. The chief of police will use
the criteria established by Sections 53.022 (Factors in Determining Whether Conviction
Relates to Occupation) and 53.023 (Additional Factors for Licensing Authority to
Consider) of the Texas Occupations Code, to determine the applicant's fitness or ability
to perform the duties and obligations of operating a taxi. After the chief of police has
examined the application and has investigated the applicant for his ability to properly
operate a taxicab within the city, he shall either grant such application or refuse same. If
the chief of police refuses any application, he shall notify the applicant either personally
or at the last address given in such application. The applicant may appeal from the
decision of the chief of police by giving notice in writing to the city manager (or his
designee) within ten (10) days after notification. In the event such applicant appeals to
the city manager (or his designee) for a license, the city manager (or his designee) shall
notify the applicant of the date the hearing on his application will be heard, and shall
hear the appeal of such applicant for a chauffeur's license. After receiving the evidence
in connection therewith, the city manager (or his designee) shall either refuse or
approve such application. In the event the city manager (or his designee) approves the
application, the city manager (or his designee) shall order the chief of police to issue a
license to such applicant.
(n) A fifteen dollar ($15) application fee shall be charged for any chauffeur's license or
a renewal thereof by the city.
Section 2.
That Chapter 6, Article 6.07, Division 3, Subsection 6.07.072(b)(1) of the Code of
Ordinances of the City of Beaumont be and the same is hereby amended to read as
follows:
Sec. 6.07.072 Amounts; regulations
(b) Schedule. Unless otherwise changed by the city council, the following taxicab rates
and fares shall be effective in the city:
(1) The rate or fare of either one or two (2) passengers shall be two dollars
seventy-five cents ($2.75) for the first one-tenth (1/10) mile or fraction thereof
and twenty cents ($0.20) for each one-tenth (1/10) mile or fraction thereof
traveled thereafter. The rate for additional passengers shall be one dollar
($1.00) per passenger, not to exceed the vehicle's maximum seating
capacity, according to trade rating.
Section 3.
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 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon
conviction, be punished in accordance with Section 1.01.009 of the Code of Ordinances
of the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
July, 2011.
-Mayor Becky Ames-
WORKSESSION
# 1
WORKSESSION
#-2
RICH WITS OPPORTUNITY
REA-UMO,N*
T • E • x • A 9 S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
n Director of Management Operations
PREPARED BY: Jim Thompson, ag pe
MEETING DATE: July 12, 2011
REQUESTED ACTION: Work Session- Review and discuss amendments to the
Solid Waste Disposal Ordinance.
RECOMMENDATION
The Administration recommends approval of the amendments proposed for Chapter 22, Section
22.06 of the Code of Ordinances.
BACKGROUND
In June, a tree service provider appeared before City Council requesting consideration and relief
concerning the disposal requirements established by the Code of Ordinances. Staff reviewed the
matter and determined that amendments can be made that provide the requested relief and still
meet the needs of the city.
There are also several sections of the Code that should be updated to reflect current practices, and
these changes are included in the revision being presented.
BUDGETARYIMPACT
None.
Proposed Amendments to the Code of Ordinances
of the City of Beaumont
Regarding Chapter
22 Utilities, Article 22.05 Solid Waste Disposal
Proposed amendments are attached for your review. Added language is shown in underlined,
blue text. Deleted language is shown in strikethrough, red text. These amendments will be
presented at a worksession scheduled for July 12, 2011.
ARTICLE 22.05 SOLID WASTE DISPOSA[2*
Division 1. Generally
Sec.22.05.001 Definitions
The following definitions shall apply in the interpretation and enforcement of this article:
Automated containers. Any containers for refuse provided by the city having a capacity of sixty
(60)to ninety-six(96)gallons and equipped with wheels for mobility.
Buil&'w materials. Any material such as lumber,brick,plaster,gutters or other substances
accumulated as a result of repairs or additions to existing buildings, construction of new
buildings or demolition of existing structures.
Bulk contauner. A metal container of not less than two(2)cubic yards nor larger than ten(10)
cubic yards,made of watertight construction with doors opening on two(2) sides and top, and
constructed so that it can be emptied mechanically by specially equipped trucks. Containers shall
be covered.
Business trash. Any waste accumulation of dust,paper and cardboard, excelsior,rags or other
accumulations,other than garbage or household trash,which is usually attendant to the operation
of stores,restaurants,offices,churches,apartments and similar businesses.
Commercial establishment.Any retail,restaurant,manufacturing,wholesale,institutional,
religious, governmental or other nonresidential establishment at which garbage or trash may be
generated,and having connection to the city's water system.
Curbline. The area directly behind the curb. In the absence of a curb,the area directly behind the
edge of pavement.
garb=. Every accumulation of animal,vegetable, and other waste matter that attends the
preparation,handling, consumption, storage or decay of plant and animal matter,including
meats, fish and seafood,birds,fruits,vegetable or dairy products and the waste wrappers or
containers thereof.
Hazardous refuse. Materials such as poison, acids, caustics,chemicals,infected materials,offal,
fecal matter, and explosives or as defined by the state commission on environmental quality.
Household trash. Every waste accumulation of paper, sweepings,dust,rags,bottles, cans,or
other matter of any kind,other than garbage,which is usually attendant to housekeeping.
Industrial waste. All waste,including solids, semisolids, sludges and liquids,created by
factories,processing plants or other manufacturing enterprises or as defined by the state
commission on environmental quality.
Inspectors. Persons appointed by the department director authorized to enforce health and
sanitation,building, and sanitation codes or ordinances.
ill operations.A section of the solid waste division designated to perform sanitary landfill
disposal services for the public.
Litter. Any man-made or man-used object,organic or inorganic material,or solid waste,and
specifically includes trash which is not placed in a container,an authorized sanitary waste
disposal site,or another approved area or depository,or a vehicle designated for transport or
disposal of litter,trash, garbage or waste.
Loading and unloading area.Any stream,river or lakeside or land dock,space or area used by
any moving vehicle for the purpose of receiving, shipping and transporting goods,wares,
commodities or persons.
Multiple residential unit.Any duplex,apartments,group of apartments or condominium used as
a dwelling place for more than one family.
Person. Any individual,firm,company, corporation,or association.
Post-consumer w". A material or product that has served its intended use and has been
discarded after passing through the hands of a final user. For the purpose of this article,the term
does not include industrial or hazardous waste.
Portable packing unlit.A metal container,not exceeding four thousand five hundred(4,500)
pounds gross weight,with four(4)to six(6) cubic yard capacity,that contains a packing
mechanism and an internal or external power unit.
Private collector. Any person or firm engaging in the business of collecting,hauling or
transporting,in the city, any garbage,waste or refuse.
Refuse. All putrescible and nonputrescible solid and semisolid wastes,including garbage,
rubbish,and ashes.
Refuse container. A metal or plastic container for refuse,of substantial construction,with a
tightfitting lid,and handles sufficient for safe and convenient handling for collection at curbside.
Except for those areas served by automated collection equipment,such containers shall have a
capacity of not more than thirty-two(32)gallons and a total weight,when full,of not more than
fifty(50)pounds or an empty weight of not more than ten(10)pounds,and shall be kept in
serviceable condition at all times.Any areas serviced by automated collection equipment shall
only use the automated containers as approved by the director of publie wer6. Any container
which does not meet standards set by the director of publie-works or his designee shall be
removed. Exceptions to these requirements may be made by the director of publie-warps or his
designee.
Residentially zoned g pity. Property zoned for only single-family residential uses under the
zoning ordinances of the city.
Roll-o rV"n g ntainer. A unit,varying in capacity between five(5)cubic yards and forty(40)
cubic yards,which is used for collecting,storing,and transporting building materials,business
trash,industrial waste,hazardous refuse,refuse or yard trash. The unit may or may not use an
auxiliary stationary packing mechanism for composition of materials into the container and may
be of the open or enclosed variety. The distinguishing feature of the detachable container is that
it is picked up by a specially equipped truck and becomes an integral part of the truck for
transporting the waste material to the disposal site.
Single residential unit. Any dwelling place occupied by one family.
Small dead animals. Dead cats,dogs, small household pets and other animals of similar size.
Solid Waste 2iW IIAAct. The Solid Waste Disposal Act,chapter 361 of the Health and Safety
Code,V.T.C.S., as amended,and under the authority of the state commission on environmental
quality.
&IU waste division. The division under the control of the director of pubhe-weOm designated to
perform garbage and trash collection services,landfill waste disposal and recycling for the city.
Tree and shrubbery trimmings. Waste accumulation of tree branches,tree limbs,parts of trees,
bushes, shrubbery and cuttings or clippings created as refuse in the case of trees or bushes.
Vacant promm. Property that does not contain any structure whatsoever.
White goods. Major appliances such as refrigerators,freezers,washing machines,dryers,hot
water heaters, stoves,dishwashers, etc.
YArd waste. Leaves,grass clippings,yard and garden debris,and brush,including clean woody
vegetative material not greater than six(6)inches in diameter,that results from landscaping
maintenance and land-clearing operations. The term does not include stumps,roots,or shrubs
with intact root balls.
(Ordinance 92-7, sec. 1, adopted 1/28/92; Ordinance 94-35, sec. 1, adopted 7/12/94; Ordinance
00-63, sec. 1, adopted 8/15/00; 1978 Code, sec. 28-20.1; Ordinance 08-040, sec. 1,adopted
5/13/08)
Sec.22.05.002 Administration and enforcement
The administration and enforcement of the provisions of this article,including provisions for
refuse collection throughout the city,by both private contractors and the city, shall be primarily
the duty of the solid waste division with assistance from other city departments. (Ordinance 92-7,
sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.2; Ordinance 08-040,sec. 2,adopted 5/13/08)
Sec. 22.05.003 Notice of violation
(a) AMflgg�y to issue. Inspectors appointed by the department head shall have the authority to
enforce sections 22.05.006,22.05.009,22.05.010,22.05.011,22.05.051,22.05.053,22.05.054
[22.05.056],22.05.058,22.05.012,22.05.013,22.05.060,22.05.061,22.05.062,22.05.063,
22.05.103,22.05.104,22.05.134,22.05.137, and 22.05.058 of this article by issuing a notice,in
accordance with subsection(b)of this section,informing the proper person of the date and nature
of violation. Other violations of this article shall be enforced by the issuance of a summons or
warrant as provided by law.
(b) Method of issuance. When an inspector issues a notice for a violation of this article,notice
shall be sufficient if served on the offending person by:
(1) Attaching a correction notice upon the container[of the person] to whom it is
directed.
(2) Certified mail,with delivery reported,a copy of the notice to the last known address
of the person as shown on the current tax roll or water bill.
(c) . The party who receives a notice of violation by certified mail will pay the fee
assessment set forth hereinbelow in full satisfaction of such violation.The fee assessment will be
included on the water bill for payment in accordance with section 22.05.213. Continued violation
of the sections in subsection(a)of this section may result in termination of garbage service and
institution of legal action.
For violation of section: Fee Assessment
22.05.006 $15.00
22.05.009 $15.00
22.05.010 $15.00
22.05.011 $15.00
22.05.051 $10.00
22.05.053 $10.00
22.05.054 $10.00
22.05.058 $15.00
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, secs. 28-20.3-28-20.5;Ordinance 08-040,
sec. 3,adopted 5/13/08)
Sec.22.05.004 Violation of article
Unless otherwise specifically provided,a violation of any provision of this article shall constitute
a class C misdemeanor and,unless the penalty for such violation is paid in accordance with
section 22.05.003 of this article,upon conviction thereof,the court may impose a fine of not less
than twenty-five dollars($25.00)nor more than one thousand dollars($1,000.00). (Ordinance
92-7,sec. 1,adopted 1/28/92; 1978 Code,sec. 28-20.6; Ordinance 08-040, sec. 4,adopted
5/13/08)
Sec.22.05.005 Bulk containers utilized by commercial establishments
Any commercial establishment which desires to utilize a bulk container for its refuse shall
employ the services of a private contractor to service that container. Such container shall at all
times be clean,neat,and in good state of repair. Cleaning up materials spilled from the container
when emptying shall be the responsibility of the private contractor or the property owner or
occupant.No refuse shall be placed adjacent to any bulk container. The property owner of any
establishment for which a bulk container screening requirement applies must maintain such
screening in a clean and neat condition and in good state of repair. (Ordinance 92-7, sec. 1,
adopted 1/28/92; 1978 Code, sec. 28-20.7)
Sea 22.05.006 Hazardous refuse
No infectious or pathological refuse or any other refuse that may cause a public health hazard
shall be placed in any container used for collection by the city or collection by any private
agency.The following are several types of special refuse items which shall be given special care
and preparation before disposing of the same in any refuse container:
(1) 1H-vnodermic instruments and other shams articles.No person shall dispose of or
discard any hypodermic syringe,hypodermic needle or any instrument or device for
making hypodermic injections without prior placement in a puncture-resistant
container for disposal so as to avoid the possibility of causing injury to the collection
personnel.
(2) Ashes. Ashes that are to be collected by the city or private collectors must have been
wetted and cooled to the touch prior to collection. Ashes shall be placed in suitable
containers of such size and weight as stipulated in section 22.05.051 and shall not be
placed with the normal refuse_unless separately wrapped, so that they will not cause
injury to the collection personnel.
(3) Pressurized cans. All pressurized cans containing pesticides or any other dangerous
materials shall be released of all pressure before being deposited in a container for
collection by the city or any private collection agency.
(4) Glass. All broken glass or any type of glass that may cause injury to refuse collection
personnel shall be separately wrapped to prevent injury and placed with the normal
refuse.
(5) Pesticides. All pesticides and other poisonous containers shall be emptied and triple
rinsed before being placed for collection.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.8)
Sea 22.05.007 Disposal of refuse and debris from construction,demolition,eta,
operations
(a) The city shall not be responsible for the collection or hauling of building materials
originating from private property preliminary to,during or subsequent to the construction of new
buildings or alterations or additions to existing buildings of whatever type or from demolition of
existing structures. Such material shall be removed by the owner of the property or by the
contractor. A stop work order may be issued by the inspector until such material has been
removed by the owner or contractor. In addition, all contractors must provide refuse receptacles
for construction debris and litter to be deposited in on a regular basis.
(b) Loose dirt,mud, clay,rocks, construction materials and other debris deposited upon any
public highway, street and sidewalk or private property as a result of construction or demolition
operations shall be immediately removed by the contractor. Construction and demolition sites
shall be kept clean and orderly at all times.
(c) The prime contractor or developer of a construction or demolition site shall be responsible
for maintaining the site as required by this section.
(Ordinance 92-7, sec. 1, adopted 1-28-92; 1978 Code, sec. 28-20.9)
Sec.22.05.008 Collection,removal and disposal of industrial waste
Industrial waste shall be collected,removed and disposed of in an approved manner by the
operator of the factory,plant or enterprise creating or causing same. (Ordinance 92-7, sec. 1,
adopted 1/28/92; 1978 Code, sec. 28-20.10)
Sec. 22.05.009 Unlawful deposits generally; littering
(a) No person shall place any accumulation of refuse or trash in any street,street right-of-way,
median strip, alley or other public place of travel,nor upon any private property, except as stated
in other sections of this article.
(b) It shall be unlawful for any person to:
(1) Scatter refuse about or litter any public or private street,area or place.
(2) Cast,throw,place, sweep or deposit anywhere within the city any refuse or trash in
such a manner that it may be carried or deposited by the elements upon any street,
sidewalk, alley, sewer,parkway or other public place or into any occupied or
unoccupied premises within the city.
(3) Throw or deposit any refuse,trash or debris in any stream,body of water,or drainage
system.
(c) The driver of any vehicle shall be responsible for assuring that no litter is thrown from the
vehicle or occurs through the lack of proper covering.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code,sec. 28-20.11)
State law reference-Texas Litter Abatement Act,V.T.C.A.,Health and Safety Code,ch.365.
Sec.22.05.010 Placing refuse or refuse containers on,in or over drainage system
No person shall place any refuse or refuse container on,in or over any drainage system.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.12)
Sec. 22.05.011 Property to be kept free of litter
All owners or occupants shall maintain the real property owned or occupied by them in a clean
and litter-free condition. This section shall not be construed as prohibiting the storage of refuse
or litter in authorized containers for collection pursuant to the provisions of this article.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.13)
Sec. 22.05.012 Interference with or damaging containers
No person,other than employees of the city charged with such duty,shall interfere with the
contents of any refuse container set out for removal by the city or any private collection agency,
unless authorized by the director eerie-wars or his designee. It shall be unlawful for any
person to damage or destroy any refuse container placed at the curbline for collection.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.14; Ordinance 08-040, sec. 5,
adopted 5/13/08)
Sec.22.05.013 Scavenging of recyclable materials from residential areas prohibited
(a) No person or persons, other than the current resident of the property on which the items are
placed or an authorized carrier, shall remove,pick up,or transfer recyclable materials,containers
or bins left at curbside in either specifically marked recovery containers or any other type of
container which is to be picked up by a designated carrier for the purpose of removal of
recyclable materials. Materials referred to, and to be left at curbside in specifically marked
containers,will include recyclable materials included in the city's recycling program.
(b) Each removal of an item or items from a residential subdivision residence location or a
single-family residence location shall constitute a separate violation of this section. Unauthorized
persons removing materials or bins other than those persons designated by the city to remove
such materials shall be fined as follows:
(1) Upon first conviction of violation of this section,the person shall be fined twenty-five
dollars($25.00)for each such violation.
(2) Upon second conviction of violation of this section,the person shall be fined one
hundred dollars($100.00)for each violation.
(3) Upon third and subsequent convictions of violation of this section,the person shall be
fined two hundred dollars($200.00)for each such violation.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.15)
Sec.22.05.014 Hauling of garbage,trash,waste or refuse on city streets
It shall be unlawful for any citizen,commercial establishment or private hauler to haul garbage,
trash,waste or refuse on city streets without proper equipment for this purpose. No vehicle will
be used for transporting this type of material unless it is:
(1) Equipped with adequate sideboards and tailgate to fully contain waste and prevent
accidental blowing or discharge at any time.
(2) Completely covered with a tarp if loose materials extend above the sideboards.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code,sec. 2845)
Secs. 22.05.015-22.05.050 Reserved
Division 2. Collection by City
Sec.22.05.051 Containers generally
All refuse to be collected by the city shall be stored in proper containers between times of
collection. Any container provided by the city shall not be filled to exceed two hundred(200)
pounds total weight and all refuse therein must fit inside the container. The cover of any
container shall be kept on at all times except when the container is being filled,emptied or
cleaned. Animal waste and ashes shall be wrapped separately from other refuse in a manner to
prevent spillage prior to placing the same in a container. All areas serviced by the city shall use
ninety-gallon round or ninety-six-gallon containers as approved by the director of Pubkewer s.
All refuse shall be placed within the automated containers.No other type of container is
permitted for use in the automated collection areas. Exceptions to these requirements may be
made by the director of pubke-we0s or his designee. (Ordinance 92-7, sec. 1,adopted 1/28/92;
1978 Code, sec. 28-21.1; Ordinance 08-040, sec. 6, adopted 5/13/08)
Sec.22.05.052 Solid waste collection service
(a) Standard residential solid waste collection service shall include:
(1) Once a week collection of one garbage containers and bagged or containerized yard
waste.
(2) Twice monthly collection of oversized tree and shrubbery trimmings,household
trash, and bulky items such as major appliances or furniture.
(b) To receive service,the dweller of the property shall be current on the garbage collection
service fee in accordance with section 22.05.211.
(c) Residential and commercial accounts are limited to three(3) containers. If additional
containers are obtained and then discontinued,there will be a six(6)month waiting period to
reapply for additional containers. Requests for additional containers must be submitted in writing
to the pubke-wefk department. The person whose name appears on the account must sign the
request.
(Ordinance 92-7, sec. 1, adopted 1/28/92; Ordinance 93-5,sec. 1,adopted 2/2/93; 1978 Code,
sec. 28-21.2; Ordinance 08-040, sec. 7, adopted 5/13/08)
Sec.22.05.053 Points of collection
(a) Refuse containers and yard waste which are collected by the city shall be placed on the
curbline of a city right-of-way abutting the property by 7:00 a.m. on the scheduled day of
collection.
day of 8011eetief
(b) Garbage and trash collection service on private property may be provided when alleys or
streets of sufficient width are available and all of the adjoining property owners or the owners'
association by written document indemnifies the city for damages to curbs,alleys,pavements,
and the private property of residents served.
(c) Some residents serviced by automated collection equipment may be required to place the
automated containers on the opposite side of the street from their residence. Solid waste vehicles
may travel against the flow of traffic on a one-way street when so equipped with appropriate
warning devices.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-21.3; Ordinance 08-040, sec. 8,
adopted 5/13/08)
Sec.22.05.054 Holiday collection schedule
(a) Refuse collection service shall not be provided by the city on the following holidays:
(1) New Year's Day.
(2) Independence Day.
(3) Thanksgiving Day.
(4) Christmas Day.
(b) During weeks containing observed holidays,collections shall be moved back one day after
the holiday necessitating Friday collection.
(Ordinance 92-7, sec. 1, adopted 1/28/92; Ordinance 00-07, sec. 1, adopted 1/11/00; 1978 Code,
sec. 28-21.4)
Sec.22.05.055 Refuse from multiple-unit dwellings not to be collected
The city shall not provide refuse collection to apartments,office and residential condominiums,
duplexes,or other multiple-unit buildings unless each unit or duplex is individually located on a
separate lot abutting the right-of-way of a publicly maintained street;provided,however,that
such refuse collection shall be done in accordance with the other provisions of this article.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-21.5)
Sec. 22.05.056 Storage of yard waste; removal of yard waste generated by contractors;
removal of bulky or heavy material
(a) Yard waste may be stored for collection in suitable containers or bags not to exceed
thirty-two(32)gallons capacity and fifty(50)pounds in weight. Any yard waste that cannot be
put in a normal refuse container shall be handled as described in subsection(b)of this section.
(b) All limbs,branches, shrubbery and hedge trimmings to be collected by the city shall be
stacked neatly in separate piles by the curbline for collection. Materials shall not be stacked
under low overhead cabling, signs or posts. This material will be collected in accordance with
section 22.05.052.
(c) Every nurseryman,tree surgeon,and every person who cuts or trims trees, shrubs or grass
as an independent contractor shall remove or cause to be removed all trash from the premises
serviced by him or follow the placement requirements set out in section 22.05.058 and it simm
for-MleWea by the . Failure to properly dispose of such cuttings or trimmings shall
constitute littering and is punishable in accordance with section 22.05.004 of this code.Suet}
(d) Collection of items such as building debris(lumber), shingles,siding,insulation,brick,dirt,
plaster, sand, gravel,large automobile parts, scrap metal,wire,dead animals and other bulky or
heavy material shall not be included in the regular garbage and trash collection service furnished
by the solid waste division.The owner shall have such debris removed at his own expense.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-21.6; Ordinance 08-040, sec. 9,
adopted 5/13/08)
Sec. 22.05.057 Forking of debris flooded or washed upon private property
On seasonal occasions,when various types of debris from public waterways,highways or
drainage systems is either flooded or washed upon private property(commercial or residential),
and when carted to the curbline for collection by the city,the director of blie-works or his
designee may authorize the forking of such accumulations of debris not in containers or stacked
as normally required by this article. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec.
28-21.7; Ordinance 08-040, sec. 10,adopted 5/13/08)
Sec. 22.05.058 Deposit of yard waste in automated containers prohibited; placement of
yard waste for collection
(a) No person shall place any yard waste or tree and shrubbery trimmings in city-furnished
automated containers.
(b) Yard waste to be collected by the city shall be placed at curbside by 7:00 a.m. on collection
day. Yard waste may be placed in:
(1) Plastic or polyethylene bags which are at least 1.5 mils in thickness and having a
capacity of not more than forty-five(45) gallons or a total weight of not more than
forty(40)pounds.
(2) Corrugated cardboard boxes or other suitable paper containers weighing not more
than forty(40)pounds and of sufficient strength to prohibit bursting when lifted.
Corrugated cardboard boxes will be left at curbside by collection personnel.
(3) Metallic or plastic refuse containers having a capacity of not more than thirty-two
(32) gallons or a total weight of not more than fifty(50)pounds.
(c) Tree and shrubbery trimmings to be collected by the city shall be placed at curbside by
7:00 a.m. on collection day. Tree and shrubbery trimmings must be:
(1) Totally separated from all other waste if ;other
waste includes metals,lumber,paper,plastics,furniture, appliances, concrete and any
other solid materials. Any waste,regardless of quantity or size,mixed with tree and
shrubbery trimmings constitutes a violation of this section.
(2) Cut into sections not to exceed eight(8)feet in length_ .
(3) Cut so that tree stumps and root balls do not exceed twent -fy our(24) inches in
diameter.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-21.8)
Sec.22.05.059 Disposal of white goods
White goods must have doors taped shut or removed before placing on city streets. White goods
must be totally separated from all other waste to allow for separate collection. White goods are
prohibited from being buried on the landfill. White goods allowed at the landfill must be
deposited in the white goods recycling area as directed by the landfill personnel. It shall be
unlawful to deposit any materials other than white goods in the white goods recycling areas.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-21.9; Ordinance 08-040, sec. 11,
adopted 5/13/08)
Sec. 22.05.060 Disposal of tires
Tires will be collected from residential households only.Tires must be totally separated from all
other waste. A maximum of four(4)tires will be collected on collection day. (Ordinance 92-7,
sec. 1, adopted 1/28/92; 1978 Code, sec. 28-21.10)
Sec. 22.05.061 Disposal of yard waste at landfill
Yard waste is prohibited from being buried on the landfill. Yard waste accepted at the landfill
must be deposited in the compost area as directed by landfill personnel. It shall be unlawful to
deposit any materials other than yard waste in the compost area. (Ordinance 92-7, sec. 1, adopted
1/28/92; 1978 Code, sec. 28-21.11)
Sec.22.05.062 Collection from vacant property
(a) Trash collection service will be provided to vacant property subject to the following
provisions:
(1) The property must be located in a residential zone.
(2) The property is not larger than one-half acre.
(3) The trash placed for collection is from normal vegetation maintenance such as tree
cuttings above the ground,grass clippings,or brush cutting.
(4) The property is not being cleared for construction purposes.
(5) Tree trimmings did not result from the selling of usable timber.
(6) The property owner must reside in a single-family residence within the city limits that
is currently paying a solid waste fee on that residence.
(7) The property is not being held for sale as part of a residential development.
(8) Only vegetative waste will be collected.
(9) Vegetation must not be obtained with machinery(i.e.,a bulldozer)whereby trees and
stumps with root balls are included in the trash to be collected.
(10) The acceptable vegetative waste is placed at the curb in accordance with section
22.05.058(c)(2)of the Code of Ordinances.
(b) Yard waste collection on vacant property shall be provided once per calendar quarter.
(Ordinance 00-63, sec. 2, adopted 8/15/00; 1978 Code, sec. 28-21.12)
Sec.22.05.063 Collection from single residential units located on more than one acre of
land
Trash collection at single residential units built on multiple acres of land will be provided in
accordance with the following:
(1) The trash placed on the curb is household trash,white goods,yard waste and other
trash normally generated at a residence.
(2) The trash was generated on a maximum of one(1)acre of land upon which the house
is situated. Hauling and disposal of trash or yard waste generated on other parts of the
property such as vegetative waste or waste generated by land clearing,or demolition
of barns, sheds or other structures,is the responsibility of the property owner.
(Ordinance 00-63, sec. 3, adopted 8/15/00; 1978 Code,sec. 28-21.13)
Secs.22.05.064-22.05.100 Reserved
Division 3. Private Collectors
Sec.22.05.101 Franchise required for collecting,hauling or transporting waste
No person shall engage in the business of collecting,hauling or transporting,in the city,any
garbage,waste or refuse,without first having obtained a franchise from the city. (Ordinance
92-7, sec. 1,adopted 1/28/92; 1978 Code, sec. 28-22.1)
Sec.22.05.102 Franchise required for providing commercial container collection
services
It shall be unlawful for any person,partnership,association or corporation to provide commercial
container garbage collection services in the city without first obtaining a franchise from the city.
"Commercial container garbage collection services"is defined as the regular collection of the
garbage from mechanically emptied"dumpster or roll-on"type containers from locations in the
city which are not single-family locations,and disposal of such material in accordance with law.
(Ordinance 83-128, sec. 1, adopted 10/4/83; Ordinance 87-93, sec. 1, adopted 12/8/87; 1978
Code, sec. 7-66)
Sec.22.05.103 Maintenance of vehicles and other equipment
All vehicles,containers and other equipment used by private refuse collectors shall be
maintained in a clean, sanitary condition and free from odors at all times and shall be equipped
with watertight bodies. (Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-22.2)
Sec.22.05.104 Inspection of containers and vehicles
All containers and vehicles owned or operated by private refuse collectors shall be subject to
inspection by officials of the pebliie weA department to insure safety compliance and to insure
that proper lids or covers are provided to prevent litter problems. (Ordinance 92-7, sec. 1,
adopted 1/28/92; 1978 Code, sec. 28-22.3; Ordinance 08-040, sec. 12,adopted 5/13/08)
Sec.22.05.105 Collections to be made from customer's premises
Containers owned by private refuse collectors shall not be placed on any street or right-of-way
within the city. All collections shall be made directly fiom the premises of the customer and any
emptied containers returned directly to such premises. (Ordinance 92-7, sec. 1, adopted 1/28/92;
1978 Code, sec. 28-22.4)
Secs.22.05.106-22.05.130 Reserved
Division 4.City Landfill
Part I. In General
Sec.22.05.131 Unloading material
All persons or businesses hauling into the city landfill shall deposit such material only in the
place designated by a landfill attendant. Such dumping shall only be from Monday through
Saturday during the hours of operation as determined by the pubke w director. (Ordinance
92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 2842;Ordinance 08-040, sec. 21,adopted
5/13/08)
Sec. 22.05.132 Unauthorized removal of material
It shall be unlawful for any person to remove trash,waste or refuse,or any material from the city
landfill without the written permission of the director of pubke wer6 or his designee.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-43;Ordinance 08-040,sec. 22,
adopted 5/13/08)
Sec. 22.05.133 Materials not accepted
Entrance to and dumping of the following at the city landfill shall not be allowed without prior
approval of the pAhewks director or his designee:
(1) Junk automobiles;
(2) Human excrement;
(3) Inflammable liquids;
(4) Dangerous chemicals;
(5) Insecticides;
(6) Industrial chemicals or industrial solid waste;
(7) Waste oil or grease;
(8) Liquid waste;
(9) Other waste prohibited from landfill disposal by the Solid Waste Act.
(Ordinance 92-7, sec. 1, adopted 1/28/92; Ordinance 94-35, sec. 4,adopted 7/12/94; 1978 Code,
sec. 28-44; Ordinance 08-040, sec. 23, adopted 5/13/08)
Sec.22.05.134 Use by private collectors
Persons engaged in the business of collecting solid waste,refuse,debris or garbage may deposit
solid waste,refuse,debris or garbage at the city landfill subject to the following provisions:
(1) The proper city refuse disposal permit has been purchased and is current.
(2) The vehicles transporting the solid waste,refuse,debris or garbage have a current city
refuse disposal permit license decal displayed thereon.
(3) Section 22.05.171 has been and is fully complied with.
(Ordinance 92-7, sec. 1, adopted 1/28/92; Ordinance 94-35, sec. 2,adopted 7/12/94;Ordinance
00-06, sec. 1, adopted 1/I 1/00; 1978 Code, sec. 28-23.1)
Sec. 22.05.135 Hours of operation
The director of publie w ,with the approval of the city manager,is hereby authorized to
establish reasonable hours of operation for the city landfill. (Ordinance 92-7, sec. 1,adopted
1/28/92; 1978 Code, sec. 28-23.3; Ordinance 08-040, sec. 14, adopted 5/13/08)
Sec.22.05.136 Determination of acceptability of deposits
The director of publie weds, or his designee, shall have the authority to determine what solid
waste,refuse or garbage shall be acceptable for deposit at the city landfill. (Ordinance 92-7,sec.
1, adopted 1/28/92; 1978 Code, sec. 28-23.4; Ordinance 08-040, sec. 15, adopted 5/13/08)
Sec.22.05.137 Delivery vehicles to conform to Solid Waste Disposal Act
(a) Every vehicle used to deliver material to a city refuse disposal area shall conform to the
requirements of the Solid Waste Disposal Act so that the contents of such vehicle do not escape
therefrom.
(b) A person operating a vehicle which does not conform to such section[act] shall be allowed
access to such area only after he is issued a notice of,or summons for, a violation of this section.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-23.5)
Sec. 22.05.138 Liability for violation of article
Any officer or agent of a corporation,or member of a partnership or association,who shall
personally participate in or be an accessory to any violation of this article by such corporation,
partnership or associati on shall be subject to the penalties provided for such violation.
(Ordinance 92-7,sec. 1, adopted 1/28/92; 1978 Code, sec. 28-23.6)
Secs. 22.05.139-22.05.170 Reserved
Part H.Disposal Permit
Sec.22.05.171 Required
(a) No person engaged in the business of collecting solid waste,refuse,debris or garbage shall
deposit such material at any city refuse disposal area unless he has a current refuse disposal
permit issued by the director eke-wefks-or his designated agent.
(b) The fee for a permit required by this section shall be twenty-five dollars($25.00)per
vehicle per year or any part thereof. Each such permit shall expire on December 31 of each year.
(c) When a permit is issued under this section,a decal shall be issued for each vehicle listed on
the permit. Such decal shall be affixed to the left side of the vehicle windshield at all times when
it is being used at any city refuse disposal area.
(d) The director of pubhe w ,or his designee,is hereby authorized to revoke or suspend
any permit issued under this section,to prevent the holder thereof from utilizing the city refuse
disposal areas, for good cause.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-23.2; Ordinance 08-040, sec. 13,
adopted 5/13/08)
Sec. 22.05.172 Conditions for issuance
Upon filing of an application,the landfill superintendent shall grant such permit if the following
conditions have been met:
(1) Provision is available to lawfully dispose of the garbage,trash,waste or refuse within
the city landfill;
(2) The provisions of this article have been met;
(3) The proposed removal and disposition of such garbage,trash,waste or refuse will not
create a public nuisance;
(4) The vehicle for conveyance has been inspected and measured by the landfill division;
and
(5) The applicant has been current in payment for previous disposal services.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code,sec. 28-40; Ordinance 08-040, sec. 19,
adopted 5/13/08)
Sec.22.05.173 Revocation; appeals
The permit herein authorized to be issued may be revoked by the landfill superintendent at any
time for the violation of or noncompliance with any of the provisions of this article or the
conditions under which it was issued and,immediately upon such revocation,the permit issued
thereunder shall be surrendered to the landfill superintendent or any of his duly authorized
representatives;however, any person feeling aggrieved by such revocation shall have the right to
appeal to the director of publie w rks for redress, and such appeal shall be made either by
personal appearance on the part of the aggrieved party or by written communication addressed to
the director of paMie w setting forth the cause of complaint. (Ordinance 92-7, sec. 1,
adopted 1/28/92; 1978 Code, sec. 28-41; Ordinance 08-040, sec. 20, adopted 5/13/08)
Secs. 22.05.174-22.05.210 Reserved
Division 5. Service Fees
Sec.22.05.211 Residential service
(a) The solid waste division shall systematically collect and remove garbage,trash and yard
waste from premises used for residential purposes. All residences in the city are subject to,and
the owners or occupants are required to pay, a collection services fee except:
(1) Residences from which the owners or occupants are serviced by a private collector as
defined in this article.
(2) Residences on which the owners or occupants use an on-property disposal method
that is approved by the city, county,and state.
(3) Residences that are vacant and water service for which is discontinued.
(4) Owners of vacant residences who do not require water service will not be required to
pay a garbage and trash collection fee.
(b) Garbage and trash rates. No rate adjustment will be made for temporary non-use of service.
Nonpayment of the collection services fee shall be sufficient grounds for discontinuance of city
water service. The rate for collection outside the city limits shall be one hundred fifty(150)
percent of the rate established for service inside the city limits.No type of service will be offered
residences exempted under section 22.05.007(c)or for vacant lots except as provided in section
22.05.062. If a business is located in a part of a residence,a collection services fee shall be
charged for each connection to the city's water system. The following monthly rates apply for
collection services:
(1) The monthly rate for standard collection services per household unit shall be fourteen
dollars($14.00) and shall consist of the following elements:
(A) Garbage and trash collection: $13.50.
(B) Litter removal: $0.50.
The monthly fee for an additional container is two dollars and fifty cents($2.50)per
month. Single-family and owner-occupied residential units will be charged a litter
removal fee at a rate of fifty cents($0.50)per unit. Multifamily dwellings and/or
rented properties of two(2)or more units will be charged a litter removal fee at a rate
of twenty-five cents($0.25)per unit.
(2) The monthly collection fee for senior citizens shall be twelve dollars and sixty-five
cents($12.65) and shall consist of the following elements:
(A) Senior citizen garbage and trash collection: $12.15.
(B) Litter removal fee: $0.50.
The senior citizen garbage and trash collection fee shall apply to customers residing
in single-family residences who are sixty-five(65)years of age or older. To obtain
the senior citizen garbage and trash collection rate,eligible persons must file a sworn
application on a form provided therefor with the central collections division. The rate
shall remain in effect so long as the customer residing in the single-family residence
is sixty-five(65)years of age or older.
(Ordinance 92-7, sec. 1, adopted 1/28/92; Ordinance 93-5,sec. 1, adopted 2/2/93; Ordinance
94-61, sec. 1, adopted 12/13/94; Ordinance 00-63, sec. 4,adopted 8/15/00; Ordinance 02-092,
secs. 1-3,adopted 11/5/02; Ordinance 05-087, secs. 1,2, 10/18/05; 1978 Code, sec. 28-24.1;
Ordinance 07-094, sec. 1,adopted 9/25/07; Ordinance 08-040, sec. 16, adopted 5/13/08)
Sec. 22.05.212 Public, business and commercial establishments
(a) AWli ility. All commercial establishments in the city are required to pay a collection
services fee except:
(1) Institutions that haul their own garbage.
(2) Institutions that have a private collector.
(3) Institutions that use an on-property disposal method that is approved by the city,
county, and state.
(4) Institutions that are vacant and the water service is discontinued.
(b) Nonpayment of the collection services fee shall be sufficient grounds for discontinuance of
city water and sewer serving the location.
(c) No rate adjustments will be made for temporary non-use of service unless the water service
is disconnected. Service shall not be provided outside the city limits.
(d) Commercial establishments may be provided,at their option,the same refuse container
service provided to residents.No separate trash service will be provided to commercial
establishments for trees, shrubs,white goods,or yard waste.
(e) It shall be unlawful for any person other than a hauler holding a valid permit under section
22.05.171 of this article to transport commercial garbage from one location to another or to a
residence.
(f) The rate set out in section 22.05.211 hereof shall be the rates charged to commercial
establishments.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-24.2; Ordinance 08-040,sec. 17,
adopted 5/13/08)
Sec.22.05.213 Collection of charges
The charges fixed herein for the removal and disposal of all garbage and trash shall be entered by
the city against the owner or occupant using or occupying any building or structure receiving
such service. To avoid duplication in billing and as a convenience to the public,the city shall
include such charges on the monthly city invoice. Any person who shall fail or refuse to pay the
charge herein specified within fifteen(15)days from the date of the bill shall have his garbage
service suspended and the director elie-w shall be notified immediately for appropriate
action in accordance with the provisions of this article. (Ordinance 92-7, sec. 1,adopted 1/28/92;
1978 Code, sec. 28-24.3; Ordinance 08-040, sec. 18,adopted 5/13/08)
See. 22.05.214 Landfill fees
(a) All persons of the city may dispose of residential waste from their residence upon
presenting proof of residency.
(1) All persons of the city and other municipality under a disposal contract may dispose
of residential waste from their residence upon presenting proof of residency.
I
(2) Nonprofit charitable organizations who operate as a necessary part of their day-to-day
business vehicles owned or leased by them for the transport of waste or refuse
resulting from the renovation or repair of donated used material shall be exempt from
the fee requirement of this section.
(b) Disposal fees shall be based on collection of refuse from inside the city limits. The fee shall
be assessed to the nearest cubic yard of refuse disposed.
(1) Compacted refuse: $6.00/cy.
(2) Noncompacted refuse: $5.25/cy.
(Ordinance 93-51, sec. 1, adopted 8/24/93; Ordinance 94-35, sec. 3,adopted 7/12/94; 1978 Code,
sec. 28-24.4)
'` State law references--Municipal soikl waste, V.T.C.A., Health and Safety Code, ch. 363; Solid Waste
Disposal Act,V.T.C.A.,Health and Safety Code,ch.361.
WORKSESSION
#3
Beaumont Emergency Medical Services Factsheet
Beaumont EMS has been a division of the Beaumont Public Health Department since 1996.
The EMS Division has four EMS stations located throughout the city and is licensed to operate
six mobile intensive care ambulances.
The EMS Division operates from 4 to 6 units each day based on available staffing. By the end of
July, recently employed medics will allow the Division to operate 5 to 6 units each day.
Paramedic staffing is a nationwide challenge for emergency medical services systems, and we
are actively recruiting.
Calls for ambulance service are transferred from the 9-1-1 Operation Center to the Fire Dispatch
Office, and Fire Department crews and Beaumont EMS work together to provide emergency
medical care.
Fire Department dispatchers determine the nature of the call, issue pre-arrival instructions, and
dispatch an ambulance and a Fire Department first responder.
There are twelve fire stations located throughout the city, and the Fire Department first responder
typically arrives before the ambulance.
If a city ambulance is not available, a private ambulance is dispatched. Should the nature of the
call be more critical than anticipated,the crew may contact the Paramedic Supervisor for
assistance.
Beaumont EMS has an excellent reputation with emergency room physicians for the quality of
care being provided.
We checked for the past 60 days, and our 3-1-1 Call Center has not received any complaints
about service delivery or the quality of care.