HomeMy WebLinkAboutPACKET JUL 19 2011 BEA
T * R • R A 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JULY 19,2011 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—July 12,2011
* Confirmation of committee appointments
Jesus Abrego would fill the unexpired term of Abe Roman on the Police Department Community
Advisory Committee. The term would commence July 19,2011 and expire January 10,2013.
(Mayor Becky Ames)
A. Approve Change Order No. 2 for the River&ont Park Bank Stabilization Project
B. Approve a resolution granting consent to the establishment of Jefferson County
Emergency Services District No. 3
C. Authorize the acceptance of a ten foot wide Exclusive Water Line Easement to provide
water and fire protection services for Dishman Elementary located at 3475 Champions
Drive
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT Jesus Abrego is appointed to the Police Department Community Advisory
Committee to fill the unexpired term of Abe Roman. The term will commence July 19,
2011 and expire January 10, 2013.
PASSED BY THE CITY COUNCIL of the Cit of Beaumont this the 19'day of July,
2011.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
am
BEA[IM,ON!W
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: July 19, 2011
REQUESTED ACTION: Council consider approval of Change Order No. 2 for the
Riverfront Park Bank Stabilization Project.
RECOMMENDATION
Administration recommends approval of Change Order No. 2 in the amount of$35,953.24.
BACKGROUND
A contract in the amount of$3,022,510 was awarded to Russell Marine, LLC. of Channelview,
TX to stabilize the Neches River bank at Riverfront Park in December 2010.
Change Order No. 2 in the amount of$35,953.24 includes the cost of removing and disposing
submerged timber pilings and the replacement of a damaged 36 inch outfall pipe. The additional
work could not have been determined prior to the excavation of the river bank.
The amount of this change order represents a 1.2%increase to the original contract amount.
Change Order No. 1 in the amount of$41,190 was approved in May.
BUDGETARYIMPACT
Funds for this change order are available in the Capital Program. The initial project is funded
100%by the Hurricane Ike Disaster Recovery Fund. The City is responsible for additional costs
in excess of the $3,022,510 contract award.
RESOLUTION NO.
WHEREAS, on December 14, 2010, the City Council of the City of Beaumont,
Texas, passed Resolution No. 10-322 awarding a contract in the amount of$3,022,510.00
to Russell Marine, LLC,of Channelview,Texas,for the Riverfront Park Neches River Bank
Stabilization Project; and,
WHEREAS, Change Order No. 1 in the amount of $41,190.00 was required for
unforseen work due to the failure of the concrete bulkhead wall, thereby increasing the
contract amount to $3,063,700.00; and,
WHEREAS, Change Order No. 2 in the amount of $35,953.24 is required for
removing and disposing submerged timber pilings and the replacement of a damaged 36
inch outfall pipe, thereby increasing the contract amount to $3,099,653.24;
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 City Manager be and he is hereby authorized to execute Change Order
No. 2 for additional work described above, thereby increasing the contract amount by
$35,953.24 for a total contract amount of$3,099,653.24.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of July,
2011.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
R1*
MR
BEAU,M'On
T • E • A • A • s City Council Aaen=da Item
TO: City Council
FROM: Kyle Hayes, City Manager 1
PREPARED BY: Jim Thompson, Director of Management Operations
MEETING DATE: July 19, 2011
REQUESTED ACTION: Council consider granting consent to the establishment of
Jefferson County Emergency Services District No. 3.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
At a worksession held on July 12, Hubert Oxford, IV discussed the establishment of Jefferson
County Emergency Services District No. 3 to serve the population located west of the City of
Beaumont.
State law requires the District to request the City's consent, since it proposes to include areas
located within the City of Beaumont's ETJ ( Extraterritorial Jurisdiction).
Mr. Oxford has worked with staff to be certain that the proposed district lies outside the City's
corporate limits and does not include the industrial district property location on Highway 90.
BUDGETARY IMPACT
None.
BENCKENSTEIN & OXFORD, L.L.P.
ATTORNEYS AT LAW
BBVA COMPASSBUILDING
3535 CALDER AVENUE,SUITE 300
Hubert Oxford,IV BEAUMONT,TEXAS 77706 Houston Line:
TELEPHONE:(409)833-9182 (713)229-9203
TELEFAX:(409)833-8819
hoxfordiv @benoxford.com
June 28,2011
Vis Hsgd Dalivwy_+ Via Fagimile: (4091 8880-3113
The Honorable Becky Ames and City Council Members
City of Beaumont
801 Main St.
Beaumont, Texas 77701
Re: Petition for Creation of Jefferson County Emergency Services District No. 3
Dear Mayor Ames and City Council Members:
The China Volunteer Fire Department and Nome Volunteer Fire Department have filed
the attached petition for creation of Jefferson County Emergency Services District No. 3 (the
"District"). We are working to have the election for the creation of the District placed on the
November 8,2011 ballot.
As of now, the Jefferson County Judge has accepted the petition and the County will
schedule public hearings to consider whether to grant the petition. At this point, we are
attempting to have a public hearing regarding the proposed District during the Jefferson County
Commissioner's Court on August 8, 2011.
Because a portion of the District is within the City of Beaumont's extraterritorial
jurisdiction, we need the City's consent before these areas can be included within the District.
(Texas Health & Safety Code, Section 775.014). To date, we have worked with the City
Manager,the City Attorney, and the Chief of the City's Fire Department, and we believe they are
all comfortable with the proposed District's boundaries and creation of the District.
This letter serves as a formal request that the City of Beaumont consent to creation of the
proposed District and allow the District to include the portions of the City of Beaumont's
extraterritorial jurisdiction shown in the map and described in the metes and bounds. If the
Commissioner's Court has the public hearing on August, 8, 2011, we will need this consent by
August 5, 2011. Therefore, the petitioners respectfully request to be placed on the City of
Beaumont's agenda for July 19, 2011 under an item titled, "Discuss and consider consenting to
the creation of the proposed Jefferson County Emergency Services District No. 3."
June 28,2011
Page 2
If,.prior to July 19, 2011, the City Council would like to hold a workshop to discuss this
further, we will be happy to attend and answer questions. Otherwise, a map of the District and
the metes and bounds description are included in the attached petition.
The petitioners respectfully request that you consent to including the City of Beaumont's
extraterritorial jurisdiction in Jefferson County Emergency Services District No. 3 by adopting a
motion and approving the District's request in writing.
With best regards, I remain,
BENCKENSTEIN&OXFORD,L.L.P.
By: _
Hubert O rd, IV
HON/jth
Enclosures
cc: Kyle Hayes,City Manager
James D. Saunders, China VFD
David R. Studdert,Nome VFD
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby authorizes the establishment of Jefferson County
Emergency Services District No. 3 to serve the population located west of the City of
Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of July,
2011.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
B 140N*am
EAU.,
City Council Agenda Item
T • B • S • A • S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, 'ublic Works Director
MEETING DATE: July 19,2011
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 Dishman Elementary located at 3475 Champions Drive.
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 C. Williams
League, Abstract No. 59, 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 Dishman Elementary School located at 3475 Champions Drive 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 19th 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,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 ,2011.
BEAUMONT INDEPENDENT SCHOOL DISTRICT
By
Dr. Carrol Thomas, Superintendent
II
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
9
Fitz&Shipman
INC.
Consulting Engineers and Land Surveyors
EXHIBIT "A",PAGE 1 OF 4 Ronald D.Fittz,P.E.,R.P.L.S.(1948-1987)
CENTERLINE DESCRIPTION Terry G.Shipman,Chairman of Board
Billy).Smith,jr.,President
OF A Donald R.IGng,P.E.
10, WIDE EXCLUSIVE WATER LINE EASEMENT Michelle Falgout,P.E.
OUT OF THE wafter j.Ksiazek,R.P.L.S.
C.WILLIAMS LEAGUE,ABSTRACT 59
JEFFERSON COUNTY,TEXAS
JULY 7,2011
That certain centerline description for a 10' wide exclusive water line easement, 5.0' on each
side of centerline, out of the C. Williams League, Abstract 59, Jefferson County, Texas, and
being across Lot 1 of Dishman Elementary School Addition, a plat recorded in Clerks File No.
9829194 of the Official Public Records of Jefferson County, Texas, said centerline being more
particularly described by the following courses and distances:
Note: Bearings are referenced to the NAD83 Texas State Plane Coordinate System, South
Central Zone#4204.
COMMENCING at a Y2" iron rod found in a north right-of-way line of Walden Road for the
southwest comer of Block 1 of Walden Meadows.Section Two, a plat recorded in Volume 17,
Page 318 of the Map Records of Jefferson County, Texas ;
THENCE North 87°19'57" East along the said north right-of-way lirie of Walden Road and the
south line of said Block 1 a distance of 714.83 feet (called North 89 054'05" East 715.08 feet) to
a capped iron rod found for an angle point;
THENCE North 43 026'25" East along a northwesterly right-of-way line'of Walden Road a
distance of 20.73 feet (called North 45°07'44"East 21.22 feet)to a W iron rod found in the west
right-of-way line of Champions Drive;
THENCE North 84°31'25" East a distance of 115.23 feet to a point at the intersection of the
southeasterly right-of-way line of Champions Drive and a north right-of-way line of Walden
Road;
THENCE North 87 019'24" East along the said north right-of-way line of Walden Road and the
south line of said Lot 1 of Dishman Elementary School Addition a distance of 320.09 feet (called
North 89 054'05" East) to a point for the POINT OF BEGINNING of the said centerline of the 10'
wide exclusive water line easement from which the southeast corner of said Lot 1 bears North
89 054'05" East 311.32 feet (called North 89°54'05" East);
THENCE along the said centerline with the following courses and distances:
North 42 019'24" East a distance of 22.91 feet to an angle point;
FITTZ&SHIPMAN,INC.
Project No. 11050wtresmt
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 4
North 03 006'38"West a distance of 335.19 feet to an angle point;
North 41053'21" East a distance of 56.56 feet to an angle point;
North 03 006'38"West a distance of 1043.98 feet to an angle point;
South 87°34'49"West a distance of 122.97 feet to an angle point;
South 42 004'47"West a distance of 91.48 feet to an angle point;
South 87 009'37"West a distance of 268.99 feet to a point in the east right-of-way line of
Champions Drive and the west line of said Lot 1 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.
OF
Walter J. Ksiazek * .��;E *4
Registered Professional Land Surveyor No. 5321
WAITER J. KSIAZEIK
+, �►.
i
i
I
FITTZ&SHIPMAN,INC.
Project No. 11050wtresmt
Plat&Description
10' WIDE EXCLUSIVE WATER LINE EASEMENT SHEET N0 MATCH LINE
PROJECT NAYS. DISHMAN ELEMENTARY PROJECT 3 EXHIBIT "A". PAGE 3 OF 4
N°.
I
BEAUMONT, TEXAS ltoso I I J
DATE:7-7-1t NUMBER DIRECTION DISTANCE
NOTE: BEARINGS ARE REFERENCED TO THE NAD83 L1 N 4219 24 E 22.91
Fittz&Shipman TEXAS STATE PLANE COORDINATE SYSTEM, Lz N 0838 03 W 33519 III CENTERLINE
SOUTH CENTRAL ZONE /4204.
INC. L3 N 41 1 E ..56
10' WIDE EXCLUSIVE
L4 N 0306 W 104'198 I I WATER LINE EASEMENT
1405 CORNERSTONE COURT,BEAUMONT. TEXAS 11.5 IS 873,V49' W 122.97
(409)632-7238 FAX(409)832-7303 LB IS 42W47- W 91.48
0 IS 8709 3 W 126&99 I
SURVEYOR'S CERTIFICATION: ----------------- II
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, ———————————— ————
THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE y I
ON THE GROUND UNDER MY SUPERVISION DURING JUNE 2011, 15'DRAINAGE EASEMENT
CLERKS FILE NO. 9829194,O.P.R.J.C.
♦.�.
OF re 4
WALTER J. KSIAZEK * 7S 6 t
REGISTERED PROFESSIONAL SURVEYOR 5321 JEFFERSON COUNTY
WALTER J. KEIAM I DRA9JAGE DISTRICT N0..
w I( VOL. 1588,PC. 85,D.R.J.C.
260'EASEMENT
,,�� � LOT 1
Nso DISHMAN ELEMENTARY
**Doe SCHOOL ADDITION I
CLERKS FILE NO. 9829194, O.P.R.J.C. I +
A III ' m
co
II
Do O
0-4 I I J I 30'ACCESS EASEMENT x
JEFFERSON COUNTY LLI I.
DRAINAGE DISTRICT N0. 6
1 CLERKS FILE N0. 2005014080,O.P.R.J.C.
II i (CALLED 0.265 ACRE)
WALDEN MEADOWS
SECTION TWO II I
VOL. 17,PG. 318, M.R.J.C.
POINT OF BEGINNING I (
COMMENCING BLOCK 1 10' WE EXCLUSIVE
POINT FOUND 1/2- WATER UNE EASEMENT
FOUND i/2 IRON ROD
IRON ROD N 84'31'25" E �� I
(CALLED N 8954'05'E 715.08) 115.23 320.09 311.32
N 8719'57" 19'24' E 631.41
N 4326'25" E 20.73 (CALLED N 8Y54'05'E 631.41)
FOUND (CALLED N 45'0744'E 21.22) W A* EN ROAD
CAPPED ROD LAW
0:\PROJECTS\11050 Diehmon Elementary\Survey\11050wtreemt.dwg Jul 07, 2011 04:5
10p �: B SD WATER LINE EASEMENT SHEET EXHIBIT W, PAGE 4 OF 4 �/ Al=-
DISHMAN ELEMENTARY PROJECT NO. L7
BEAUMONT, TEXAS DATZ.7_7_11 11050
POINT OF TERMINATION I
Fittz&Shlpman NOTE: BEARINGS ARE REFERENCED TO THE STEM, 10' WIDE EXCLUSIVE
TEXAS STATE PLANE COORDINATE SYSTEM, I
SOUTH CENTRAL ZONE /4204. WATER UNE EASEMENT
1405 CORNERSTONE COURT,BEAUMONT, TEXAS I
(409)632-7236 FAX(409)532-7303
CENTER
II
II
SURVEYOR'S CERTIFICATION: ( � 10 VNE EEXCLUSIVE
I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, I WA70 UK EASEMENT
THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE
ON/THE�GROUND UNDER MY SUPERVISION DURING JUNE 2011.
LOT 1 I
WALTER J. KSIAZEK • � �,# �•'�• DISHMAN ELEMENTARY i I
REGISTERED PROFESSIONAL LAN RVEYOR . 5321 * • SCHOOL ADDITION
_wAC77:ft J. IMF CLERKS FILE N0. 9829794,O.P.R.J.C.
i
• � r Q I JEFFERSON COUNTY
4 � I DRAINAGE DISTRICT NO. 6
• VOL 1588,PC, 85,D.R.J.C.
!'� •dUF1Y�G{QQ' x I 260'EASEMENT
II
NUMBER DIREC71ON DISTANCE III
L1 N 42'19 24 E 22,91 I
L2 N 03"0636• W 335.19 I
L3 N 41'5321 E 56.56
L4 N 03%W* W 1043.98 I
O 50 0 L5 IS 87'W49' IN 122.97 I
L!3 IS 4204'47' W 91.48
A L7 S 87%9- W 266.99 I II
I I
0:\PROJECTS\11050 Diehman Elementary\SurvOA11050wtreamt.dwq Jul 07, 2011 04:54pm MATCH UNE
won, w1wx *il►#*8T*W1VT
BEAUMON*
T • Z + X * A i 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JULY 19,2011 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-4/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider amending the Solid Waste Disposal Ordinance
2. Consider approving a contract for the Madison Street Pavement,Drainage,Water
and Sanitary Sewer Improvement Project
3. Consider approving Change Order No. 3 for the Calder Avenue Drainage and
Pavement Improvement Project-Phase III
4. Consider approving the purchase of banquet chairs for the Event Center
COMMENTS
* Councihnembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Claim of BRH-GARVER Construction, L.P.
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 19,2011
Consider amending the Solid Waste Disposal Ordinance
i
RICH WITH OPPORTUNITY
T • E
BEA- g
UM'O�N*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 19, 2011
REQUESTED ACTION: Council consider amendments to the Solid Waste Disposal
Ordinance.
RECOMMENDATION
The Administration recommends approval of the amendments proposed for Chapter 22, Article
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.
At a worksession held on July 12, staff discussed these proposed amendments to the Solid Waste
Disposal Ordinance, along with several others that reflect current practices. Council asked that
the amendments be brought forward for consideration.
BUDGETARYIMPACT
None.
ARTICLE 22.05 SOLID WASTE DISPOSAL;*
Division 1.Generally
See.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.
Building 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 container. 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.
C r line. The area directly behind the curb. In the absence of a curb,the area directly behind the
edge of pavement.
Garbage. 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.
Landfill 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 waste.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 Hacking unit. 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 collecto. 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 e€ ie . Any container
which does not meet standards set by the director ofp"lie-mss or his designee shall be
removed. Exceptions to these requirements may be made by the director of publie w or his
designee.
Residentially zoned property. Property zoned for only single-family residential uses under the
zoning ordinances of the city.
Roll-ofi`/roll-on container. 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 Disposal Act. 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.
Solid waste division. The division under the control of the director of pAhe-wetke designated to
perform garbage and trash collection services,landfill waste disposal and recycling for the city.
Tree and shrub_ry 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 gropem. 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) Authority 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) Mid 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) &fie.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)
utilized b commercial establishments
Sec. 22.05.005 Balk containers y
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)
Sec.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) Hypodermic instruments and other sbrp alficles.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)
Sec.22.05.007 Disposal of refuse and debris from construction,demolition,etc.,
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 o€publie'w 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($200.00)for each such violation.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-20.15)
Sec.22.05.014 Hauling of garbage,trash,waste or refuse on city streets
It shall be unlawful for any citizen, commercial establishment or private hauler to haul garbage,
trash,waste or refuse on city streets without proper equipment for this purpose.No vehicle will
be used for transporting this type of material unless it is:
(1) Equipped with adequate sideboards and tailgate to fully contain waste and prevent
accidental blowing or discharge at any time.
(2) Completely covered with a tarp if loose materials extend above the sideboards.
(Ordinance 92-7, sec. 1, adopted 1/28/92; 1978 Code, sec. 28-45)
Secs. 22.05.015-22.05.050 Reserved
Division 2. Collection by City
Sec. 22.05.051 Containers generally
All refuse to be collected by the city shall be stored in proper containers between times of
collection. Any container provided by the city shall not be filled to exceed two hundred(200)
pounds total weight and all refuse therein must fit inside the container. The cover of any
container shall be kept on at all times except when the container is being filled,emptied or
cleaned. Animal waste and ashes shall be wrapped separately from other refuse in a manner to
prevent spillage prior to placing the same in a container. All areas serviced by the city shall use
ninety-gallon round or ninety-six-gallon containers as approved by the director of lie wer s.
All refuse shall be placed within the automated containers.No other type of container is
permitted for use in the automated collection areas. Exceptions to these requirements may be
made by the director e€ 1}e-weFk$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 em 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 eellee6efi.
(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-shat}-be-
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. Seeh-
(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 publie WeFk$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 twenty-four(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 pubhe we& 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 from 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 parsons 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 pubhe werks director. (Ordinance
92-7,sec. 1, adopted 1/28/92; 1978 Code, sec. 28-42; 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 pubhe,w 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 pubhe-weFk 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 1/11/00; 1978 Code, sec. 28-23.1)
Sec.22.05.135 Hours of operation
The director of publie-ewer s,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-werhs,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 association 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 of pubke work --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 puMie we s,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 pnbfie w 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 publie-era 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) Gge 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) AMLhcability. 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)
See. 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 of-pubbe works 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)
Sec.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.
(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/ey.
(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-MuWdpal solid 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.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 22,
ARTICLE 22.05, SUBSECTION 22.05.001; SUBSECTON
22.05.012; SUBSECTION 22.05.051; SUBSECTION
22.05.052(x)(1) AND (c); SUBSECTION 22.05.053(a);
SUBSECTION 22.05.056(c); SUBSECTION 22.05.057;
SUBSECTION 22.05.058(c)(1), (2) and (3); SUBSECTION
22.05.104; SUBSECTION 22.05.131; SUBSECTION
22.05.032; SUBSECTION 22.05.133; SUBSECTION
22.05.135; SUBSECTION 22.05.136; SUBSECTION
22.05.171; SUBSECTION 22.05.173; SUBSECTION
22.05.213 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 22, Article 22.05, Division 1, Subsections 22.05.001 and 22.05.012
of the Code of Ordinances of the City of Beaumont be and the same are hereby
amended to read as follows:
Sec. 22.05.001 DeflnMons
Refuse contaki A metal or plastic container for refuse, of substantial construction,
with a tghtfitting 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. Any container which does not meet
standards set by the director or his designee shall be removed. Exceptions to these
requirements may be made by the director or his designee.
Solid waste division. The division under the control of the director designated to perform
garbage and trash collection services, landfill waste disposal and recycling for the city.
Sec. 22.05.012 Interference w ith or damaging g g 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 or his designee. It shall be unlawful
for any person to damage or destroy any refuse container placed at the curbline for
collection.
Suction 2.
That Chapter 22, Article 22.05, Division 2, Subsections 22.05.051,
22.05.052(x)(1) and (c), 22.05.053(a), 22.05.056(c), 22.05.057 and 22.05.058(c)(1), (2)
and (3) of the Code of Ordinances of the City of Beaumont be and the same are hereby
amended to read as follows:
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. 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 or his designee.
Sec. 22.05.052 Solid waste collection service
(a) Standard residential solid waste collection service shall include:
(1) Once a week collection of garbage containers and bagged or containerized
yard waste. .
(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 department. The person whose name appears on
the account must sign the request.
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.
Sec. 22.05.056 Storage of yard waste; removal of yard waste generated by
contractors; removal of bulky or heavy material
(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 . 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.
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, or his
designee, may authorize the forking of such accumulations of debris not in containers or
stacked as normally required by this article.
Sec. 22.05.058 Deposit of yard waste in automated containers prohibited;
placement of yard waste for collection
(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; 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 bails do not exceed twenty-four (24) inches
in diameter.
$8000-3.
That Chapter 22, Article 22.05, Division 3, Subsection 22.05.104 of the Code of
Ordinances of the City of Beaumont be and the same is hereby amended to read as
follows:
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 department to insure safety compliance and to
insure that proper lids or covers are provided to prevent litter problems.
Sew 4.
That Chapter 22, Article 22.05, Division 4, Part I, Subsections 22.05.131,
22.05.132, 22.05.133, 22.05.135 and 22.05.136 of the Code of Ordinances of the City of
Beaumont be and the same are hereby amended to read as follows:
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 director.
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 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 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.
Sec. 22.05.135 Hours of operation
The director, with the approval of the city manager, is hereby authorized to establish
reasonable hours of operation for the city landfill.
Sec. 22.05.135 Determination of acceptability of deposits
The director, or his designee, shall have the authority to determine what solid waste,
refuse or garbage shall be acceptable for deposit at the city landfill.
Section 5.
That Chapter 22, Article 22.05, Division 4, Part 11, Subsections 22.05.171(a) and
(d), and 22.05.173 of the Code of Ordinances of the City of Beaumont be and the same
are hereby amended to read as follows:
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 or his designated agent.
(d) The director, 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.
Sec. 22.05.173 Revocation; appears
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 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 setting forth the cause of complaint.
Section S.
That Chapter 22, Article 22.05, Division 5, Subsection 22.05.213 of the Code of
Ordinances of the City of Beaumont be and the same is hereby amended to read as
follows:
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 shall be
noted immediately for appropriate action in accordance with the provisions of this
article.
Section 7.
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 8.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 9.
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 19"' day of
July, 2011.
-Mayor Becky Ames-
2
July 19,2011
Consider approving a contract for the Madison Street Pavement, Drainage, Water and Sanitary
Sewer Improvement Project
RICH WITH OPPORTUNITY
BEANO-N* City Council Agenda Item
T • Z • B • A • S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Don ,P.E., Public Works Director
MEETING DATE: July 19, 2011
REQUESTED ACTION: Council consider a resolution authorizing the award of a
contract for the Madison Street Pavement, Drainage,Water
and Sanitary Sewer Improvement Project.
RECOMMENDATION
Administration recommends awarding the contract per the unit prices in the attached bid
tabulation for the Madison Street Pavement, Drainage, Water and Sanitary Sewer Improvement
Project to Brystar Contracting, Inc. in the amount of$2,396,243.20.
BACKGROUND
Madison Street, from Irving to Grove, is the primary truck route for the industrial district located
east of Carroll Street and along Gulf State Road. The existing concrete pavement has
deteriorated beyond repair. The proposed project includes storm sewer, sanitary sewer, and
water installations, as well as concrete pavement improvements including sidewalks.
On June 23,2011 the City of Beaumont received six(6)bids for the Madison Street Pavement,
Drainage,Water and Sanitary Sewer Improvement Project. The estimated cost of the project
prior to receipt of bid was $3,420,000.
The list below identifies the total bid from each contractor:
Contractor Location Bid Amount
Brystar Contracting, Inc. Beaumont, TX $2,396,243.20
Norman Highway Constructors, Inc. Orange,TX $2,490,627.75
Williamson Construction&Equipment, Inc. Lumberton, TX $2,551,967.15
ALLCO Beaumont,TX $2,553,000.00
APAC-Texas, Inc. Beaumont,TX $2,584,356.91
Excavators&Constructors, LTD Port Arthur, TX $2, 928,162.58
Madison Street Improvements
July 19,2011
Page 2
The MBE goal will be met through subcontracting with the local MBE firms of Crabtree
Barricades and Wholesale Electric as well as HUB vendor H&E Aggregates of Pearland in the
total amount of$337,000 representing approximately 14%of the contract amount.
BUDGETARY IMPACT
Funds are available in the Capital Program.
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RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a contract to Brystar Contracting,
Inc., of Beaumont, Texas, in the amount of $2,396,243.20 for the Madison Street
Pavement, Drainage, Water and Sanitary Sewer Improvement Project to include storm
sewer,sanitary sewer,water installations and concrete pavement improvements including
sidewalks.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of July,
2011.
- Mayor Becky Ames -
3
July 19,2011
Consider approving Change Order No. 3 for the Calder Avenue Drainage and Pavement
Improvement Project-Phase III
RICH WITS OPPORTUNITY City Council Agenda Item
T • E • X • A • S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Dodit Public Works Director
MEETING DATE: July 19, 2011
REQUESTED ACTION: Council consider approving Change Order No. 3 for the
Calder Avenue Drainage and Pavement Improvement
Project- Phase III.
RECOMMENDATION
The Administration recommends approval of Change Order No. 3 in the amount of$68,697.30.
BACKGROUND
City Council approved a contract with Reytec Construction Resources, Inc. in the amount of
$9,879,522.15 on June 29, 2010. The project includes the installation of storm sewer box
culverts, water& sanitary sewer lines, concrete pavement,brick paver sidewalk, and traffic
signals on Calder Avenue between IH-10 and Phelan Boulevard.
Change Order No.3 includes the following changes:
1. The proposed water line at West Lucas and Calder will be directional drilled in
lieu of open cutting the existing concrete pavement to reduce traffic obstructions
on West Lucas. Approximately 140'of water line will be installed.
2. Drainage items such as heavy duty traffic grates and trench drains were added to
drain adjacent properties lower than the proposed gutter line on Calder Avenue.
3. Replacing concrete curb was added to improve the curb line under IH 10 for
brick pavers.
Previous actions include:
Resolution 10-173 in the amount of$9,879,522.15 was passed by City Council on June 29, 2010.
Change Orders No. 1 and 2 were approved in the amount of$104,778.00 for drainage,water and
sanitary sewer adjustments throughout the project which increased the total contract amount to
$9,984,300.15.
BUDGETARY IMPACT
Funds are available in the Capital Program.
CITY OF BEAUMONT
DATE: July M 2011
PROJECT: Calder Avenue Drainage and Pavement Improvement Project
OWNER. City of Beaumont
CONTRACTOR:- Rmytee Construction Resourees Inc.
CHANGE ORDER NO.: 03
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Change Order No.3 is for all cost associated with the items to resolve drainage and water line conflicts.
Item Item Description Unit orwow ew Unit Price Amount
No. Code Quanft QuNoift
104 004 REMOVE CONCRETE CURB(6') LF 0.00 650.00 $0.75 5487.50
360 001 CONCRETE PAV(9) SY 32417.90 30993.96 $41.00 458,794.00
360 002 CONCRETE PAV(Or)(HES) SY 0.00 1434.00 $45.20 $64,816.80
529 004 7-CONCRETE CURB AND GUTTER SY 0.00 90.00 $130-00 $11,700.00
465 012 111"PVC STORM DRAIN PIPE(WICEM.STAB.BITL) LF 0.00 300.001 $20.00 $6.000.001
r465 013 C TRENCH DOWN COMPLETE LF 0.00 120.001 $297.85 $35,742.00
465 014 REMOVE MANHOLE TOP RA 0.00 1.001 $300.00 $300.00
5
46 013 (7X41 HEAVY DUTY TRAFFIC RATED GRATE INSTALLED COMPLETE EA 0.00 1.001 $1,2M.00 $1,2M.00
810 FURNISH AND INSTALLS"WATERLINE BY DIRECTIONAL DRILLING
810 85 (WICONNECTIOIWCOMPLETE) LF 0.00 140.00 $51.75 $7,245.00
ADD TOTAL AMOUNT $69,697.301
ORIGINAL CONTRACT AMOUNT. $9,879,522.15
NET FROM PREVIOUS CHANGE ORDERS NOA&2: $104,778.00
TOTAL AMOUNT OF THIS CHANGE ORDER: $68,697.30
PERCENT OF THIS CHANGE ORDER: 0.70%
TOTAL PERCENT CHANGE ORDER TO DATE: 1.76%
NEW CONTRACT AMOUNT: $10,052,997.45
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ACCEPTED BY:
CONTRACTOR
RECOMMENDED BY:
PATRICK DONAIrr,P.E, DAMON JONES,E.I.T.
PUBLIC WORKS DIRECTOR
APPROVED BY: ATI1W=BY:
KYLE HAYL%CITY MANAGER TINA BROUSSARD,CITY CLERK
RESOLUTION NO.
WHEREAS, on June 29, 2010, the City Council of the City of Beaumont, Texas,
passed Resolution No. 10-173 awarding a contract in the amount of $9,879,522.15 to
Reytec Construction Resources, Inc., of Houston, Texas,for the Calder Avenue Drainage
and Pavement Improvement Project- Phase III; and
WHEREAS, Change Order No. 1 in the amount of$94,928 was required for adding
construction items and reducing construction item quantities to the Calder Avenue
Drainage and Pavement Improvement Project- Phase III, thereby increasing the contract
amount to $9,974,450.15; and,
WHEREAS, Change Order No.2 in the amount of$9,850.00 was required for costs
associated with the existing drainage and the proposed waterline installation conflicts,
thereby increasing the contract amount to $9,984,300.15 ; and
WHEREAS, Change Order No. 3 in the amount of$68,697.30 is required for adding
construction items and reducing construction item quantities necessary to resolvedrainage
and water line conflicts, thereby increasing the contract amount to $10,052,997.45;
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 City Manager be and he is hereby authorized to execute Change Order
No. 3 for additional work described above, thereby increasing the contract amount by
$68,697.30 for a total contract amount of$10,052,997.45.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of July,
2011.
- Mayor Becky Ames
4
July 19,2011
Consider approving the purchase of banquet chairs for the Event Center
RICH WITH OPPORTUNITY
BEAUMO,N*
T • E 9 X A s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: July 19, 2011
REQUESTED ACTION: Council consider approving the purchase of banquet chairs
for the Event Center.
RECOMMENDATION
The Administration recommends approval of the purchase of 950 banquet chairs from Ace Mart
of San Antonio, TX in the amount of$109,352.15. Ace Mart is a distributer of MTS Seating
products and a TXMAS vendor.
BACKGROUND
The Event Center is scheduled for completion in October. The 16,000 sq. ft. hall has the
capability of hosting a variety of events from meetings to wedding receptions and banquets. The
seating capacity for a theater style event is 900 to 950 and 450 to 500 for a seated table event.
Staff has selected a stacking upholstered chair manufactured by MTS Seating. The chair's style
and fabric compliment the neutral color palette of the building's interior so as not to limit an
event's color and design scheme.
Pricing for this purchase is obtained through the Texas Multiple Awards Schedule (TXMAS)
Contracts. The TXMAS program, established by the State of Texas Procurement and Support
Services office, adapts competitively awarded federal government contracts to the procurement
needs of the State and other government entities within Texas. TXMAS complies with all State
of Texas procurement statutes.
The cost includes 950 chairs, six (6)chair trucks and freight. Delivery is expected in nine (9)
weeks after receipt of order.
BUDGETARYIMPACT
Funds are available in the Capital Reserve Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to approve the purchase of 950
MTS Seating banquet chairs from Ace Mart, of San Antonio, Texas, in the amount of
$109,352.15 through the Texas Multiple Award Schedule(TXMAS)contract for use in the
Downtown Event Center.
THAT the City Manager be and he is hereby authorized to execute a contract with
Ace Mart, of San Antonio, Texas, for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of July,
2011.
- Mayor Becky Ames -