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HomeMy WebLinkAboutPACKET MAY 27 2008 (02)RICH WITH OPPORTUNITY BEA,UMON* T- E- X• A- S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 27, 2008 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Carol Dixon would be reappointed to the Convention and Tourism Advisory Board. The current term would expire March 1, 2010. (Councilmember Jamie D. Smith) A) Approve a resolution requesting a change in investment authority for the City of Beaumont B;) Approve a contract for repairs to the Art Museum of Southeast Texas C;) Approve a Change Order for the Civic Center Roof Replacement D) Authorize the execution of a License to Encroach Agreement E) Amend Resolution No. 06-388 to correct the description of property authorized to be acquired by eminent domain at 840 College Street F) Authorize the acquisition of property in the Van Wormer Addition for the Downtown Event Center and Lake Park RICH WITH OPPORTUNITY BEA,UMON* T • E • % • A • S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: RECOMMENDATION CIs ity Council Agenda Item City Council Kyle Hayes Laura Clark, Chief Financial Officer May 27, 2008 Council consider a resolution requesting a change in investment authority for the City of Beaumont. Administration requests approval to add Todd Simoneaux as a designated investment official for the City of Beaumont effective May 27, 2008. BACKGROUND State law mandates the City Council designate one or more officers or employees as investment officials to be responsible for the investment of funds consistent with the City's adopted investment policy. The City Manager, who by authority of the City Charter is responsible for all investments of the City, can delegate explicit authority to other individuals to invest the City's funds on a day to day basis. Investment officials shall not deposit, withdraw, transfer or manage the funds of the City of Beaumont in a manner that is not consistent with the "prudent person" standard. Kyle Hayes, Laura Clark and Kandy Daniel are currently designated as investment officials for the City of Beaumont. Laura Clark was added on October 2, 2007. BUDGETARY IMPACT None. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following individuals are authorized to deposit, withdraw, invest, transfer and manage the City's funds: Kyle Hayes, City Manager Laura Clark, Finance Officer Kandy Daniel, Cash and Debt Administrator Todd Simoneaux, Controller PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of May, - Mayor Becky Ames - RICH WITH OPPORTUNITY 11 I'C"A, ( T • E • X • A • S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: RECOMMENDATION City Council Agenda Item City Council Kyle Hayes, City Manager Tom Warner,- Director of Public Works May 27, 2008 Council consider approving a contract for repairs to the Art Museum of Southeast Texas. The Administration recommends the approval of a contract to Basco Construction, Inc. of Nederland in the amount of $63,170 for repairs to sixteen (16) damaged columns at the Art Museum of Southeast Texas (AMSET) BACKGROUND Repairs to the exterior porta cache at the AMSET are currently underway. The contract was awarded to Basco Construction, Inc. to repair the damaged facade. During the construction the surface material was removed from one of the columns scheduled to be refurbished. Upon removal, it was discovered that the column's structural supports were rusted and weakened. The supports were not installed correctly which caused water to pond around the structural beams. Over the years, the steel supports have deteriorated. State statues provide for certain procurements that are exempt from competitive bidding. General exemptions include a procurement necessary because of unforeseen damage to public machinery, equipment, or other property. The damage to these structural supports was not known and would not have been discovered had the contractor not removed a portion of the surface material that needed to be repaired. The structural supports must be replaced prior to replacing the surface material. The total cost for this work is $63,170. Estimated completion time is five (5) weeks. BUDGETARY IMPACT 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 Council hereby approves the award of a contract to Basco Construction, Inc. of Nederland in the amount of $63,170 for repairs to sixteen (16) damaged columns at the Art Museum of Southeast Texas (AMSET). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of May, 2008. - Mayor Becky Ames - r�q RICH WITH OPPORTUNITY 11 17c A ► � T - E - X - A - S Im City Council Agenda Item City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: May 27, 2008 REQUESTED ACTION: Council consider the approval of a Change Order for the Civic Center Roof Replacement. RECOMMENDATION Administration recommends the approval of Change Order Number 1 in the amount of $36,797 for additional work related to the installation of a new roof on the Civic Center. BACKGROUND A contract was approved by Council for the installation of a new roof on the Civic Center on September 4, 2007. As the work progressed, there was work needed that was not identified in the original contract specifications. Change Order No. 1 in the amount of $36,797 is for the replacement of two (2) air conditioning units, provided by the City, along with required duct work alterations, removal and replacement off flashing and gas line repairs. The Change Order also included cleaning and sealing the low roof area of the facility. The original contract amount was $1,533,612 which included a Contingency Fund of $30,000. The contingency balance will be applied to the Change Order leaving a net difference of $6,797. These changes did not affect completion time. BUDGETARY IMPACT Funds for this Change Order are available in the Capital Reserve Fund. #,.AlA Document G701TM - 2001 Change Order PROJECT (Name and address): CHANGE ORDER NUMBER: 001 OWNER: Beaumont Civic Center DATE: April 23, 2008 ARCHITECT: 701 Main Street Beaumont, Texas 77701 CONTRACTOR: TO CONTRACTOR (Name and address), ARCHITECT'S PROJECT NUMBER: 06-065 FIELD: ❑ Texas Liqua Tech Services, Inc. CONTRACT DATE: September 10, 2007 1819 Milby CONTRACT FOR: Reroofing OTHER: ❑ Houston, Texas 77003 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Original Allowance: $30,000.00 Approved Changes: Remove two (2) existing HVAC units and furnish and install new at same location. $10,064.00 Gas line repairs. $5,883.00 Removal of existing receiver and replace with new. $12,550.00 Clean and seal the low roof area. $8,300.00 Total Approved Changes: $36,797.00 Total Change Order: $6,797.00 The original Contract Sum was $ 1,533,612.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 1,533,612.00 The Contract Sum will be increased by this Change Order in the amount of $ 6,797.00 The new Contract Sum including this Change Order will be $ 1,540,409.00 The Contract Time will be unchanged by Zero ( 0 ) days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Rooftech Texas Liqua TechAServices, c. City of Beaumont ARCHITECT (Firm name) CONTRACTOR ( to nam OWNER (Firm name) 1944 Handley Drive, Fort Worth, Texas 1819 Milby, ston, T as 77 03 P.O. Box 3827, Beaumont, Texas 77704 76112 ADDRES ADDRESS ADDRESS BY ignature) gna ur BY (Signature) Shawn Clark, CSI Angie Palladini, Owner (Typed name) (Typed na7,2 (Typed name) :— G ,Y' 3qs DATE DATE DATE AIA Document G701TM-2001. Copyright m 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:27:56 on 04/23/2008 under Order No.1000350368_1 which expires on 4/1/2009, and is not for resale. User Notes: (4138199632) UQUAtTECH Waterproofing/Roofing/Sheet Metal Roof Technical Services December 11, 2007 1944 Handley Drive Fort Worth, Texas 76112 Attn: Benny Hall Re: City of Beaumont Civic Center 701 Main Street Beaumont, Texas Texas Liqua Tech Services, Inc. proposes to furnish all labor, material and equipment to perform the work as follows: 1. Remove and dispose of 2 out of service A/C units located on Roof Area 3 Main Street side. 2. Furnish and install 2 new Trane A/C units sized to replace old units. 3. New units are to be down draft units per request of the City of Beaumont. 4. Furnish and install new curbs and reconfigure duct worts as required in lieu of replacing external ductwork for old units which were side discharge. Cost $ 10,064.00 Qualifications, Clarifications, and Exclusions: 1. This proposal is good for thirty (30) days from today's date. This proposal is contingent on signing this proposal, which will verify that owner and contractor have mutually agreed on items and conditions of this proposal 3. Our price includes labor, materials, equipment, standard insurance and supervision necessary for completion. If additional insured is required the cost will be $ 100.00 per each addition. 4. All bids are based on conditions found during a visual survey from the roof level only. if unforeseen conditions are discovered, the scope of work and/or price may be modified. 5. All prices quoted are for work being performed during normal business hours. S. Payment is due in full within 15 days upon completion unless other arrangements have been made with the accounting department. Projects lasting more than two weeks will be subject to progress payments. 7. Building owner to provide Liqua Tech sufficient electrical receptacles and water outlets to run equipment. 8. Liqua Tech will warrant workmanship on installed materials for a one-year period. In no case will LiquaTech be liable for incidental or consequential damages. 9. Liqua Tech reserves the right to stop work, without breach of agreement if owner fails to make payments in a timely manner. 10. LiquaTech specifically excludes the following items: overtime, unforeseen conditions, and work not described in this proposal. 1. Mechanical or Electrical disconnects and reconnects if required will be at a mutual agreeable extra charge. 2. All materials will be installed per manufacturers specifications. Leak repairs are made to obvious problems on a best effort basi& if leak re -occurs and labor and materials by Liqua Tech have not failed additional investigation and repairs will be at an additional charge. Any alteration or deviation from above specifications involving extra costs will be executed by written orders, and will become an extra charge over and above the estimate. If you have any questions feel free to contact our office at 713-225-5325 and thank you for your anticipated consideration. Sincerely, Texas Liqua Tech Services, Inc. Mike Buckert Accepted By: Owner / Agent 1819 Milby • Houston, Texas 77003 (713) 225 -LEAK (5325) voice • (713) 225-2755 fax • (800) 988 -LEAK mike@liquatech.com LIQUAtTECH Waterproofing/Roofing/Sheet Metal Roof Technical Services 1944 Handley Drive Fort Worth, Texas 76112 Attn: Benny Hall Re: City of Beaumont Civic Center 701 Main Street Beaumont, Texas December 31, 2007 Texas Liqua Tech Services, Inc. proposes to furnish all labor, material and equipment to perform the work as follows: 1. Demo approximately 350 'of existing galvanized gas piping. 2. Replace the existing with 1 '/2' galvanized pipe, fittings and ball valves as needed. 3. Tie into the existing piping on the southwest corner and run to the A/C unit on the other corner 4. Test for leaks and clean work area upon completion. Cost $ 5,883.00 Qualifications, Clarifications, and Exclusions: 1. This proposal is good for thirty (30) days from today's date. This proposal is contingent on signing this proposal, which will verify that owner and contractor have mutually agreed on items and conditions of this proposal 3. Our price includes labor, materials, equipment, standard insurance and supervision necessary for completion. If additional insured is required the cost will be $ 100.00 per each addition. 4. All bids are based on conditions found during a visual survey from the roof level only. If unforeseen conditions are discovered, the scope of work and/or price may be modified. 5. All prices quoted are for work being performed during normal business hours. 6. Payment is due in full within 15 days upon completion unless other arrangements have been made with the accounting department. Projects lasting more than two weeks will be subject to progress payments. T Building owner to provide Liqua Tech sufficient electrical receptacles and water outlets to run equipment. 3. Liqua Tech will warrant workmanship on installed materials for a one-year period. In no case will UquaTech be liable for incidental or consequential damages. 9. Liqua Tech reserves the right to stop work, without breach of agreement if owner fails to make payments in a timely manner. 10. LiquaTech specifically excludes the following items: overtime, unforeseen conditions, and work not described in this proposal. 11. Mechanical or Electrical disconnects and reconnects if required will be at a mutual agreeable extra charge. 12. All materials will be installed per manufacturers specifications. Leak repairs are made to obvious problems on a best effort basis, if leak re -occurs and labor and materials by Liqua Tech have not failed additional investigation and repairs will be at an additional charge. Any alteration or deviation from above specifications involving extra costs will be executed by written orders, and will become an extra charge over and above the estimate. If you have any questions feel free to contact our office at 713-225-5325 and thank you for your anticipated consideration. Sincerely, Texas Liqua Tech Services, Inc. Mike Buckert Accepted By: . Owner / Agent 1819 Milby • Houston, Texas 77003 (713) 225 -LEAK (5325) voice • (713) 225-2755 fax • (800) 988 -LEAK mike@liquatech.com LIQUAtTECH Waterproofing/Roofing/Sheet Metal Roof Technical Services 1944 Handley Drive Fori Worth, Texas 76112 Attn: Benny Hall Re: City of Beaumont Civic Center 701 Main Street Beaumont, Texas February 11, 2008 Texas Liqua Tech Services, Inc. proposes to furnish all labor, material and equipment to perform the work as follows: 1. Remove the existing receiver form the brick wall. 2. Remove the new stainless steel counter flashing. 3. Saw cut 1/8" x 1 '/" reglet with diamond blade saw. 4. Fabricate and install new 22 gauge stainless steel receiver with lead wedges. 5. Reinstall new stainless steel counter flashing. 6. Seal the new reglet / receiver with new urethane sealant by Sika. Cost $ 12,550.00 Qualifications, Clarifications, and Exclusions: 1. This proposal is good for thirty (30) days from today's date. This proposal is contingent on signing this proposal, which will verify that owner and contractor have mutually agreed on items and conditions of this proposal 3. Our price includes labor, materials, equipment, standard insurance and supervision necessary for completion. If additional insured is required the cost will be $ 100.00 per each addition. 4. All bids are based on conditions found during a visual survey from the roof level only. If unforeseen conditions are discovered, the scope of work and/or price may be modified. 5. All prices quoted are for work being performed during normal business hours. 5. Payment is due in full within 15 days upon completion unless other arrangements have been made with the accounting department. Projects lasting more than two weeks will be subject to progress payments. 7. Building owner to provide Liqua Tech sufficient electrical receptacles and water outlets to run equipment. 9. Liqua Tech will warrant workmanship on installed materials for a one-year period. In no case will LiquaTech be liable for incidental or consequential damages. g. Liqua Tech reserves the right to stop work, without breach of agreement if owner fails to make payments in a timely manner. 10. LiquaTech specifically excludes the following items: overtime, unforeseen conditions, and work not described in this proposal. 1. Mechanical or Electrical disconnects and reconnects if required will beat a mutual agreeable extra charge. 2. All materials will be installed per manufacturers specifications. Leak repairs are made to obvious problems on a best effort basis if leak re -occurs and labor and materials by Liqua Tech have not failed additional investigation and repairs will be at an additional charge. Any alteration or deviation from above specifications involving extra costs will be executed by written orders, and will become an extra charge over and above the estimate. If you have any questions feel free to contact our office at 713-225-5325 and thank you for your anticipated consideration. Sincerely, Texas Liqua Tech Services, Inc. Mike Buckert Accepted By: Owner / Agent 1819 Milby • Houston, Texas 77003 (713) 225 -LEAK (5325) voice • (713) 225-2755 fax • (800) 988 -LEAK mike@liquatech.com LIQUAtTECH Restoration/ Waterproofing/Roofing March 17, 2008 Mr. John Morgan Building Services City of Beaumont 1848 Pine St. P.O. Box 3827 Beaumont, Texas 77704-3827 RE: Civic Center Low Roof Area 4 & 5 (Wall Clean & Sea[) Dear Mr. Morgan Per your request, I have prepared an estimate for the wall repairs that were observed on 3-14-08, at the building referenced above. The items and cost are as listed below: Items: • Pressure washing / Walls above low roof (approx. 6,750 sq. ft.) • Control Joints / Replace (approx. 260 I. ft.) • Penetrations and cracked mortar (Approx. 200 I. ft.) • Apply clear sealer (approx. 6,750 1. ft.) Location: Area 4 & 5 / East & west elevations on the low roof walls Execution: Include the following conditions: • Set up built up scaffold equipment at the work area. • Remove failed sealant and hand clean existing bond lines. • Apply new TX -1 sealant into prepared cracks and penetrations. • Apply new backer rod and Sonneborn NP -1 into prepared control joints. Dry tool sealant to a smooth concave finish. • Pressure wash existing brick fagade. • Apply new Hydrozo enviroseal 7 clear sealer to prepared walls • All materials applied will be per manufactures standard warranty specifications. Cost: $ 8,300.00 including applicable taxes Qualifications, Clarifications, and Exclusions: 1. This proposal is good for thirty (30) days from today's date. 2. This proposal is contingent on signing this proposal which will verify that owner and contractor have mutually agreed on items and conditions of this proposal. 3. Our price includes labor, materials, equipment, standard insurance and supervision necessary for completion. If additional insured is required the cost will be $100.00 per each addition. 4. All bids are based on conditions found during a visual inspection from the ground without the use of staging equipment. If unforeseen conditions are discovered or conditions are different at upper areas, the scope of work and/or price may be modified. 5. All prices quoted are for work being performed during normal business hours. 6. Payment is due in full within 15 days upon completion unless other arrangements have been made with the accounting department. Projects lasting more than two weeks will be subject to progress payments 1819 Milby Houston, Texas 77003 (713) 225-5325 voice (713) 225-2755 fax Email john@liquatech.com 7. Building owner to provide Liqua Tech with sufficient electrical receptacles, water outlets to run equipment and sanitary clean -outs for water disposal. 8. In no case will Liqua Tech be liable for incidental or consequential damages. 9. Liqua Tech reserves the right to stop work, without breach of agreement if owner fails to make payments in a timely manner. 10. Liqua Tech specifically excludes work not described in this proposal. 11. All materials will be installed per manufacturer's specifications. Leak repairs are made to obvious problems on a best effort basis, if leak re -occurs and labor and materials by Liqua Tech have not failed additional investigation and repairs will be at an additional charge. Any alteration or deviation from above specifications involving extra costs will be executed by written orders, and will become an extra charge over and above the estimate. Sincerely, John Carpenter Accepted by: Date: 1819 Milby Houston, Texas 77003 (713) 225-5325 voice (713) 225-2755 fax Email john@liquatech.com RESOLUTION NO. WHEREAS, on September 4, 2007, the City Council of the City of Beaumont, Texas, passed Resolution No. 07-262 awarding a bid to Texas LiquaTech Services, Inc., Houston, Texas, for furnishing all labor, equipment, materials and supervision for the replacement of the roof at the Civic Center in the amount of $1,533,612; and, WHEREAS, Change Order No. 1 is necessary for the replacement of two (2) air conditioning units provided by the City, required duct work alterations, removal and replacement of flashing, and gas line repairs in the amount of $36,797; and WHEREAS, the original contract amount of $1,533,612 included a Contingency Fund of $30,000 which will be applied to Change Order No. 1 resulting in a net difference of $6,797, thereby increasing the total contract amount to $1,540,409.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 increasing the contract amount by $6,797 for a total amount of 1,540,409.00 for the Civic Center roof replacement. ffi PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of May, - Mayor Becky Ames - RICH WITH OPPORTUNITY 11 11EM . � T• E• X• A• S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager -Mo PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: May 27, 2008 REQUESTED ACTION: Council consider authorizing the execution of a License to Encroach Agreement. RECOMMENDATION The Administration recommends executing a License to Encroach Agreement across the Fannin Street right-of-way. BACKGROUND Baptist Hospitals of Southeast Texas propose installing a 3 inch underground water line and power line crossing under the Fannin Street right-of-way. The lines will provide service from a well to hospital facilities on College Street. The License Agreement protects the City from liability and provides a thirty (30) day cancellation clause. BUDGETARYIMPACT There is a one time fee of $500 for the License to Encroach. \engbaptist-ib 19 May 2008 [I] RESOLUTION NO. WHEREAS, Baptist Hospitals of Southeast Texas has requested that the City of Beaumont grant a License to Encroach under the Fannin Street right-of-way, as described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachments upon the City right-of-way and utilities serving the same; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a License to Encroach under the Fannin Street right-of-way to Baptist Hospitals of Southeast Texas, as described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred Dollars ($500). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of May, - Mayor Becky Ames - Legal Description: Centerline of 3" Water Line Crossing Fannin Street David Brown Survey, Abstract No. 5 Beaumont, Jefferson County, Texas BEING a centerline description of a 3" water line crossing Fannin Street situated in the David Brown Survey, Abstract No. 5, Jefferson County, Texas, said centerline being more particularly described as follows: NOTE.- All bearings are based on the North right-of-way line of Fannin Street as NORTH 90°00'00"EAST as recorded in Volume 13, Page 139, Map Records, Jef fj`erson County, Texas. COMMENCING at a 5/8" iron rod with a cap stamped "RPLS 3636" found for the Southwest comer of Lot 5 and the Southeast comer of Lot 6, Block 1 of the Fannin 2"d Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 13, Page 139, Map Records, Jefferson County, Texas, and said comer also being the. Southwest comer of that certain tract conveyed by Louisiana Blood Center, a Louisiana corporation to Beaumont Hospital, Inc., a Texas corporation, d/b/a Beaumont Regional Medical Center as recorded in Clerk's File No. 94-9435169, Official Public Records of Real Property, Jefferson County, the same being all of that certain called 1.7861 acre tract, identified as Tract Seven, as described in a "Deed of Trust" from Baptist Hospitals of Southeast Texas to William J. Barber, Trustee as recorded in Clerk's File No. 2001029306, Official Public Records of Real Property, Jefferson County, Texas and said comer being in the North right-of-way line Fannin Street (based on a called width of 80 feet); THENCE NORTH 90000'00" EAST, along and with the North right-of-way line of Fannin Street and the South line of the above referenced Lot 5, for a distance of 25.96 feet to the POINT OF BEGINNING of the centerline herein described; THENCE SOUTH 06033'26" WEST, over and across the Fannin Street right-of-way, for a distance of 79.44 feet to the POINT OF TERNS NATION of the centerline herein described, said point being in the South right-of-way line of Fannin Street and in the North line of that certain called 14.1975 acre tract being out of that certain called 31.908 acre tract out of Central Park in the David Brown Survey, Abstract No. 5, Beaumont, Jefferson County, Texas, said 31.908 acre tract having been conveyed by the City of Beaumont to Medical Center Development Limited by deed dated December 20, 1972, recorded in Volume 1762, Page 259, Deed Records, Jefferson County, Texas, and said 14.1975 acre tract being out of and part of that certain called 15.200 acre tract of land as conveyed by Beaumont Medical- Surgical Limited to Beaumont Hospital, Inc. as recorded in Film Code No. 103-08-0200, Official Public Records of Real Property, Jefferson County, Texas, and also being all of that certain called 14.1975 acre tract, identified as Tract Three, as described in a "Deed of Trust" from Baptist Hospitals of Southeast Texas to William J. Barber, Trustee as recorded in Clerk's File No. 2001029306, Official Public Records of Real Property, Jefferson County, Texas and from said comer a concrete monument found for the Northwest comer of the said 14.1975 acre tract bears NORTH 89054102" WEST a distance of 289.44 feet. Surveyed on April 25, 2008. This legal description is being submitted along with a plat based on this survey (see E IT "B" OF �- �4.,�G�sr��� Thomas S. Rowe, RPLS No. 5728 TiOMAS S `E 1lrM•f•NMNM�Y� W:\2008%08-348`08-348m&b.duc 5728 4� S tJRv��� MARK W. o _ ❑ n �P y h h pWp VVV��V ANN Q x O O ■ Len x ui o U2Z ZOzUW 0�I 1■ W Cam iU W — x = QO�V1�iZ O z I ❑ Z Ozz� ¢ WO C7 00 X -U-1 W CE COL >-oto cn a - O O 02,oWZ 3 r' YLu W W rp, z z Wm20UC k2p�oQ CL �N �n o 'CrLn W �OQ. 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W y � Qc gOZ W � U~ L, = 0 p b byp O � ¢LWymN Z 4� O8� U �U ■ ■ o m U O W Ln W 3�~ W CICLLJ CZ¢ �aU � � U ¢tLL O W o= z Ld � op N O W i a N = O N OC. � d ¢ �V)OWQW. W y � Qc gOZ W � U~ L, = 0 p m W w a Z O8� U IIS 7r "fid.. o 0 z Fp d a pad gg4 m W RIGH WITH OPPORTUNITY 11 ILI ► � T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes PREPARED BY: Tyrone E. CooperaLL / MEETING DATE: May 27, 2008 REQUESTED ACTION: Council consider amending Resolution No. 06-388 to correct the description of property authorized to be acquired by eminent domain at 840 College Street. RECOMMENDATION Administration recommends amending Resolution No. 06-388 to correct the property description. BACKGROUND Resolution No. 06-388 authorized the acquisition of the property at 840 College Street by eminent domain to be used for the M. L. King Jr. Park. In preparing the suit for filing, it was discovered that the property description in the resolution was incomplete. The amendment would correct the description. The property is correctly described as follows: West 30.52 fee of Lot 3, all of Lots 4, 5, and 6, and 1/2 of the adjacent alley, Block 68-13, in the Van Wormer Addition, and the west 49.27 feet of Lot 522, Block 68, Beaumont Townsite; BUDGETARYIMPACT The appraised value of this property is $59,000. Funds for the acquisition are available in the Capital Program. RESOLUTION NO. WHEREAS, City Council approved Resolution No. 06-388 on December 19, 2006, authorizing the filing of eminent domain proceedings to acquire property for the Martin Luther King, Jr. Park located at 840 College Street; and WHEREAS, the property description of said parcel was incomplete and is correctly described as follows and as shown in Exhibit "A" attached hereto: West 30.52 feet of Lot 3, all of Lots 4, 5, and 6, and 1/2 of the adjacent alley, Block 68-B, in the Van Wormer Addition, and the west 49.27 feet of Lot 522, Block 68, Beaumont Townsite; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Resolution 06-388 be and the same is hereby amended by including the west 49.27 feet of Lot 522, Block 68, Beaumont Townsite, in the description of property to be acquired for the Martin Luther King, Jr. Park at 840 College Street as shown in Exhibit "A" attached hereto. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27" day of May, - Mayor Becky Ames - i NJ� � r N 0 6R 3 4 3 2 I o PLAT MAP 31912 SCHOOL .8- - Vb"-4 Wpl�ra R' wD SAINT ANTHONY o W� CHURCH rn 320. rA p 7$ OL O ;' 4 • TRs + _ 1® s �t ti E 315p -o 643 SO2 501 500 C�?LLE G 64 Y 30' G O N.2 ssou.talx q i 60 . . N 60 469„4 .6A 4h7S7619 492 493 � 496 ST. 60 60 61.11 60 EXHIBIT "A" RICH WITH OPPORTUNITY BEA,UMON* T• E• R• A• s TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Tom Warner, Director of Public Works May 27, 2008 Council consider authorizing the acquisition of property. RECOMMENDATION The administration recommends acquisition of property in the Van Wormer Addition for the Downtown Event Center and Lake Park. BACKGROUND The property owner listed below has agreed to accept the appraised value for her property and convey said property to the city for the Downtown Event Center and Lake Park Site. 1. Lot 2, Block 23, Van Wormer Addition (1021 Bonham Street) Appraised Value: $5,000.00 [Bishop Real Estate Appraisers, Inc.] Owner: Verdie M. Carriere, as Surviving Spouse of Willie Carriere The administration recommends authorization to acquire the property above. BUDGETARY IMPACT Funds are available in the Capital Program. F -g-mere-ib.wpd 9 May 2008 RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property located at 1021 Bonham as described below in the amount of $5,000 for the Downtown Event Center and Lake Park: Lot 2, Block 23, Van Wormer Addition (1021 Bonham Street) Appraised Value: $5,000.00 [Bishop Real Estate Appraisers, Inc.] Owner: Verdie M. Carriere, as Surviving Spouse of Willie Carriere NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the property located at 1021 Bonham Street, as described above, be and the same is hereby, approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of May, 2008. - Mayor Becky Ames - RICH WITH OPPORTUNITY BEA,IIMON* T- E- X- A- S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 27, 2008 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 4-11/Consent Agenda * Consent Agenda GENERAL BUSINESS Consider a request for a specific use permit to allow the storage, sale and distribution of piping, valves and fittings in a GC -MD (General Commercial - Multiple Family Dwelling) District at 3087 College Street 2. Consider a request for a specific use permit to allow a restaurant parking lot in an RCR (Residential Conservation and Revitalization) District at 2320 Broadway Consider a request for a specific use permit to allow a church in the CBD (Central Business District) at 934 Calder 4. Consider approving a resolution authorizing publication of notice of intention to issue $30 million in Certificates of Obligation to finance street, drainage and general improvement projects approved in the Capital Program Consider approving a contract for the 2008 Asphalt Street Rehabilitation Program 6. Consider amending Section 19 of the Code of Ordinances regulating seismic testing within the city 7. Consider amending Chapter 29 of the Code of Ordinances relating to vehicles for hire 8. Consider approving a contract for the reconstruction of six homes damaged by Hurricane Rita utilizing federal grant funds 9. Consider approving a contract for the purchase of cement liner materials for use in the Water Utilities Department 10. Consider approving a historic preservation loan for work done to the exterior of the building at 278 Pearl Street EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Beaumont Police Officers Association vs. The Beaumont Civil Service Commission and The City of Beaumont GENERAL BUSINESS 11. Consider amending Section 21-75 of the Code of Ordinances to reduce the number of Grade II Sergeant positions and to increase the number of Grade I Officer positions in the Police Department COMMENTS * Councilmembers/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: Debra Narcisse Team Industrial Services, Inc. * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Chief Magistrate James D. McNicholas Magistrate Theodore Johns Magistrate Craig Lively Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 May 27, 2008 Consider a request for a specific use permit to allow the storage, sale and distribution of piping, valves and fittings in a GC -MD (General Commercial -Multiple Family Dwelling) District at 3087 College Street RICH WITH OPPORTUNITY 111C' ( T• E• X• A• S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager C')(� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: May 27, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow the storage, sale and distribution of piping, valves and fittings in a GC -MD (General Commercial -Multiple Family Dwelling) District at 3087 College Street. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND David Stone, Branch Manager of Industrial Piping Specialists, Inc. (IPS), has applied for the specific use permit. Mr. Stone states that IPS is a 20 year old distributor of pipe, valves and fittings and is locating its newest facility in Beaumont. The facility will include over 32,000 sq. ft. of warehouse and office space with an additional 2 acres for outside pipe storage. The property is the former location of ABC Roofing and National Linen Supply. The Beaumont branch of IPS will stock a vast and complete inventory of carbon steel products to be distributed to the local petro -chemical, fabricator and contractor markets in the Golden Triangle. Local equipment will consist of a tractor trailer and medium sized delivery vehicles to transit materials to the local customer base and from the Houston market. At a Joint Public Hearing held May 19, 2008, the Planning Commission recommended approval 8:0 of a request for a specific use permit to allow the storage, sale and distribution of piping, valves and fittings in a GC -MD (General Commercial -Multiple Family Dwelling) District at 3087 College Street. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE STORAGE, SALE AND DISTRIBUTION OF PIPING, VALVES AND FITTINGS IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 3087 COLLEGE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Industrial Piping Specialists, Inc. (IPS) to allow the storage, sale and distribution of piping, valves and fittings in a GC -MD (General Commercial -Multiple Family Dwelling) District at 3087 College Street, being Lots 72-74, College Acres Addition, City of Beaumont, Jefferson County, Texas, containing 2.52 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow the storage, sale and distribution of piping, valves and fittings in a GC -MD (General Commercial -Multiple Family Dwelling) District at 3087 College Street, being Lots 72-74, College Acres Addition, City of Beaumont, Jefferson County, Texas, containing 2.52 acres, more or less, is hereby granted to Industrial Piping Specialists, Inc. (IPS), its legal representatives, successors and assigns, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of May, - Mayor Becky Ames - M: Request for a specific use permit to allow the storage, sale and distribution valves and fittings in a GC -MD (General Commercial -Multiple Family Dwelling) ,n: 3087 College Street int: Industrial Piping Specialists 0 100 200 L Feet GC -MD 0 COLLEGE ST GCTMD I I LI GC GC -M LI Legend M 1947P .7a U EXHIBIT "A" V VLLG U� 6 1 BEET (130' R. a .W. ) (ASPHALT Top) ! EAST REF. IJRC. PER PLAT aA<e Foov , j 1 FMD. 299.99' CALL 300.00'^ -rr. _,r•-14rr. -- - WNNOU .--L ----•Qp _..-• __. �/ cm CORC. / X PIAf[AI R h POLL fit) •� _ •• 0 R f ~� { trs IL ~i i I I I ' I 1 , , I r b I y d �• I • ( % I - n COWNCIr. MRAL AND FWW /LRM I. . col. I i it i I , I 247 i 1 ' I I v CV I I IWAS 1 J VMSEr 774AfK c7 1 . L 0T -7 18 L 0T !'3 L Of r !: I I _Crier• �(_..a�...- � r t 70' AkcMon p, our ; � ---------- ------- 1 i 8OX MO fMMr. I ol+f,�_ FMD. S69'48'16" W 300.00' T CALL 300.0' - :`n,•ti,:. r'at::r•f :"� -:,-vc:V,r ,y..,, •.;� .i :.w+vt:��`.7:'•v . •iL - ,fid;`=.•`!'�i•�' ,_.w �;';.`' ;.:..dµL,.',�7.n��i•�:'l4f A.. . '�, 7:•..f r ..; .�i� ti;;� :. -, f.. fry .'t.�'. �,1.�;Y.- , �i�a'i.. .�,4�: '-.a.Fx'1;�.���•;r •;•���•-.•i;hr.�J,D. •EXHIBIT B 2 May 27, 2008 Consider a request for a specific use permit to allow a restaurant parking lot in an RCR (Residential Conservation and Revitalization) District at 2320 Broadway RICH WITH OPPORTUNITY BEA,UMON* T- E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Chris Boone, Community Development Director May 27, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow a restaurant parking lot in an RCR (Residential Conservation and Revitalization) District at 2320 Broadway. RECOMMENDATION The Administration recommends approval of the request subject to the following conditions: • During the Calder Avenue construction project, access to Broadway will be permitted. Once that project is completed, the Broadway access to the parking lot will be eliminated • The parking lot shall extend no more than 25' from the south property line • A minimum 6' wide landscape strip shall be installed along the south end of the parking lot • An 8' tall wood screening fence shall be constructed along the west property line • The parking lot shall meet the interior landscaping requirements and with a waiver to the 10' wide landscape strip along the west property line. BACKGROUND Wayne Ingwersen, owner of Easy's Restaurant, has applied for the specific use permit. Mr. Ingwersen owns two vacant lots immediately south of his restaurant at 2325 Calder. Mr. Ingwersen would like to construct a parking lot on the two vacant lots. The Oaks Historic District regulations require that all off-street parking must be set back along street frontages not less than the required yard setbacks or as far back as the front of immediately adjacent buildings, whichever is greater. The required front yard setback in the RCR District is 25'. At a meeting held May 12, 2008, the Historic Landmark Commission recommended approval of a certificate of appropriateness for the parking lot. At a Joint Public Hearing held May 19, 2008, the Planning Commission recommended approval 8:0 of a request for a specific use permit to allow a restaurant parking lot in an RCR (Residential Conservation and Revitalization) District at 2320 Broadway subject to the following conditions: • During the Calder Avenue construction project, access to Broadway will be permitted. Once that project is completed, the Broadway access to the parking lot will be eliminated • The parking lot shall extend no more than 25' from the south property line • A minimum 6' wide landscape strip shall be installed along the south end of the parking lot • An 8' tall wood screening fence shall be constructed along the west property line • The parking lot shall meet the interior landscaping requirements and with a waiver to the 10' wide landscape strip along the west property line. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESTAURANT PARKING LOT IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AT 2320 BROADWAY, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a speck use permit to Wayne and Karen Ingwersen, owners of Easy's Restaurant, to allow a restaurant parking lot in an RCR (Residential Conservation and Revitalization) District at 2320 Broadway, being Lots 24-25, Block 22, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.34 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow restaurant parking lot in an RC R (Residential Conservation and Revitalization) District at 2320 Broadway, being Lots 24-25, Block 22, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.34 acres, is hereby granted to Wayne and Karen Ingwersen, owners of Easy's Restaurant, their legal representatives, successors and assigns, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, subject to the hereinafter described conditions: • During the Calder Avenue construction project, access to Broadway will be permitted. Once that project is completed, the Broadway access to the parking lot will be eliminated. • The parking lot shall extend no more than 25' from the south property line. • A minimum 6' wide landscape strip shall be installed along the south end of the parking lot. • An 8'tall wood screening fence shall be constructed along the west property line • The parking lot shall meet the interior landscaping requirements. • A waiver to the 10' wide landscape strip along the west property line. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of May, - Mayor Becky Ames - Request for a specific use permit to allow a restaurant parking lot in an RI I Conservation :and Revitarntion) District 2320 Broadway Wayne bMweisen 0 100 200 I r I I Feet 1 BROADWAY ST Legend ® 1948P rn CALDER AME 10 EXHIBIT "A" Lot a set 5/5. hon Rod Marked 'Leap Eng' ­' I Lot S Lot 24 E' wood Fence . n 1Y�,d 1 Lot 4 Lot 3 East 100.20'I Fnd. 1 1/2' (Called 100.00') Iron Pipe Pnd. 1/2' Iron Rod Aa eirOOO Ad ditl n 2 C! 9 1. Page 131 & 132, M. � tat 23 /LJ• C, o z 1 ­' I Lot S Lot 24 E' wood Fence . n 1Y�,d 1 Lot 4 Lot 3 East 100.20'I Fnd. 1 1/2' (Called 100.00') Iron Pipe Pnd. 1/2' Iron Rod Aa eirOOO Ad ditl n hoc k No. 242 Voluns 1. Page 131 & 132, M. J.C. /LJ• � CE g •-9 W Lot 25. M ao C) N 4 o x°04 \.�J' gwGi I Nth «xis Fnd. s/e• Iron Rod Fnd. 5/5' Eli trlq West 100.20' s.t s/a' kan West 150.29' Iron Rod -cvi (Ref. Org. Called 100.001 . -p � called 150.00') Broadway Avenue (SO' R.O.W.) Nob: 2320 Broadwdy Avenw Preperbr Subject to soutinweebm Bell Telephora Company Beaumont, Tawe 77701 Easaaen . asset forth In Clerks Flle No. 2000015929 and Lot Number Two-* Fyur (24 and FM (25), In Block 2001003450 O.P.R.J.C. Number Twerdy Two L22). o )1)Avw111 i1dd to the City o1.Beaumont, In accordance w9h Federal Jefferson County. T..m according to the or plat on flle and of Emergence Management Agency, record In V.. 1. Flood Rob Map: Office of the County Clerk of Jefffereon�Couunty, Texas.Recordw in the . Comm!o. 455457 Panel No_ 0020 C Surveyed fon Wayne Ingwerson and Karver Ingwerson Date of FIRM: August S. 2002 This property Iles b Zone 'X' (Unshaded) Location on map To the Uenholdem and/or the owners of the premim surveyed dots ad scale on map. Actual field elevation not and to Jefferson Cou TRIS Cc ny deterndned Engineering IJ.0 does not warrant nor The domod,es hereby p�pth A " survey this subserlFef to the accuracy or scale of sald .naps. and b correct. and tial thfere an ria vlt bRF% gamic, conflkts. Areas determined to be within 500 -year flood plain. shortage• le orea, bounndd�a,ryy One conflicts, encroachments, ovaria ping of lmprowmerb. •aselnerh6 or rights -of -m on tin surface o IM ground except se shown hereon and that sold property has access to anal from a dedekated roadway. Al recorded easements shown S � hereon and noted per Jefferson County TOIe 'Company O.F. ePMFA. sub `ig No. 20000243. !y Iesat(40 1IS- T7T01 �E OFTFGINEERING Fac (4010ISS.10 s f P o, Fqs Cr 0 11Mgnr kpwsrox and Kenn hvserrn AUSSELL J"ERE M.... 1580...,,,,.y,„., taY2t 72 eslle�wh l9 Es 02�' CRYCOIRRY fTATI1 IANO SUR`1E Ott frtIADDREW2320 Avkm Tear n[ SY M.M JOB FIELD HOOK SCALE D. RhmeO, RPIS r' MMM10S 1261 01fATf6 1'•20 . R red Prof anal Land Surveyor No. 5008 o '1 d” Ms.-& L* plat my not tie reprod nasal ti whoM EXHIBIT "B" 3 May 27, 2008 Consider a request for a specific use permit to allow a church in the CBD (Central Business District) at 934 Calder RICH WITH OPPORTUNITY 11 17C A , � T - E - X - A - S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager 65'a PREPARED BY: Chris Boone, Community Development Director MEETING DATE: May 27, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow a church in the CBD (Central Business District) at 934 Calder. RECOMMENDATION The Administration recommends approval of the request subject to the following conditions: Provide a minimum 6' wide landscape strip along the Magnolia Street frontage and a 3' wide landscape strip along the McFaddin Avenue frontage of the parking lot. Interior landscape islands will also be required as per the Zoning Ordinance. No overnight shelter or public feedings will be allowed without a future specific use permit. BACKGROUND Pastor Kennedy Andrews, representing Harvest for Lost Souls Outreach Church, has applied for the specific use permit. The church proposes to convert the old YMCA racquet ball gym into its sanctuary. The interior of the building will be renovated to house staff offices, classrooms and a sanctuary that will seat 200 people. Pastor Andrews states that parking will be provided on the old tennis courts west of the old gym building and the existing parking lot. However, the YMCA has stated that its existing parking lot will not be available for church parking. The old tennis courts will be able to meet the parking needs of the church. At a Joint Public Hearing held May 19, 2008, the Planning Commission recommended approval 8:0 of a request for a specific use permit to allow a church in the CBD (Central Business District) at 934 Calder subject to the following conditions: Provide a minimum 6' wide landscape strip along the Magnolia Street frontage and a 3' wide landscape strip along the McFaddin Avenue frontage of the parking lot. Interior landscape islands will also be required as per the Zoning Ordinance. No overnight shelter or public feedings will be allowed without a future specific use permit. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN THE CBD (CENTRAL BUSINESS DISTRICT) LOCATED AT 934 CALDER IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Harvest for Lost Souls Outreach Church, to allow a church in the CBD (Central Business District) located at 934 Calder, being Tract 2, Block 2, Tract 2, Block 3 and Lots 7-9, Block 1, Fuller -Keith Addition, City of Beaumont, Jefferson County, Texas, containing 2.50 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a church in the CBD (Central Business) District located at 934 Calder, being Tract 2, Block 2, Tract 2, Block 3 and Lots 7-9, Block 1, Fuller -Keith Addition, City of Beaumont, Jefferson County, Texas, containing 2.50 acres, more or less, is hereby granted to Harvest for Lost Souls Outreach Church, its legal representatives, successors and assigns, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes subject to the hereinafter described conditions: • Provide a minimum 6' wide landscape strip along the Magnolia Street frontage and a 3' wide landscape strip along the McFaddin Avenue frontage of the parking lot. Interior landscape islands will also be required as per the Zoning Ordinance. Section 2. Thatthe specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of May, - Mayor Becky Ames - 1946-P: Request for a specific use less District). tion: 934 Calder to allow a church in the CBD (Central Harvest for Lost Souls Outreach Church 0 too 200 1 1 1 1 Feet EXHIBIT "A" & � EXHIBIT "B" � 2 v g §� 2 §. Cd \���: ■ .oma. £ £: : &DKK . go � Tk 3k�2� B k�/� 2 ■#o§ k � o © 2 • _ � wj / ■� A— § c go . § 2 § 2 •.or § » ®§ & \ � c k Q « . . EXHIBIT "B" May 27, 2008 Consider approving a resolution authorizing publication of notice of intention to issue $30 million in Certificates of Obligation to finance street, drainage and general improvement projects approved in the Capital Program RICH WITH OPPORTUNITY BEA,UMO-N* T- E- R- A- S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer May 27, 2008 REQUESTED ACTION: Council Consider a resolution authorizing publication of notice of intention to issue $30 million in Certificates of Obligation. RECOMMENDATION The Administration recommends approval. BACKGROUND The City of Beaumont proposes to issue $30 million in Certificates of Obligation to finance various street, drainage and general improvement projects approved by the City Council in the Capital Program. Concurrently, $20 million in Waterworks and Sewer System Revenue Bonds will be issued to provide funds for the expansion, repair, renovation and related improvements to the waterworks and sewer system. A notice of intent to issue revenue bonds is not required so no action is requested on these bonds at this time. Issuance of the Bonds and Certificates is scheduled for July 1, 2008 with delivery and receipt of the proceeds by the City on July 29, 2008. BUDGETARY IMPACT All debt and other expenses related to the Certificates of Obligation shall be incurred by the Debt Service Fund which is supported by property taxes. At this time, the tax rate is $.654/$100 assessed valuation with $.22/$100 dedicated to debt service. Because debt service requirements at this time actually decrease in future years and the city has available cash in the Debt Service Fund which could be utilized towards debt service, the Administration believes the dedicated tax rate for debt service will not increase next year despite the $30 million new issue. All debt and expenses related to the Revenue Bonds shall be incurred by the Water Fund which is supported by revenues of the waterworks and sewer system. Water and sewer rates are projected to increase between 3-6% per year for the next five years. RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION THE STATE OF TEXAS COUNTY OF JEFFERSON THE CITY OF BEAUMONT WHEREAS, The City of Beaumont, Texas (herein referred to as the "City"), acting through its governing body (hereinafter referred to as the "City Council"), is authorized to issue certificates of obligation to pay contractual obligations to be incurred in connection with authorized capital improvements and equipment purchases within the City (herein referred to as the "Project"), as more particularly described in the notice attached hereto as Exhibit "A", and for professional services rendered in connection therewith pursuant to Texas Local Government Code Sections 271.041 - 271.064, as amended; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City and otherwise is desirable to issue a series of certificates of obligation in a principal amount not to exceed $30,000,000 to be known as the "City of Beaumont, Texas, Certificates of Obligation, Series 2008" (hereinafter referred to as the "Certificates") to finance the Project and to pay for professional services rendered in connection therewith; and WHEREAS, in connection with the issuance of the Certificates, the City Council intends to publish notice of the intent of the City to issue the Certificates in accordance with the requirements of the Texas Local Government Code Section 271.049, as amended; and WHEREAS, the City Council has been presented with and has examined the proposed form of notice to be published and finds that the form and substance thereof are satisfactory and that the recitals and findings contained therein are true, correct and complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: Section 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct. Section 2. The City Council hereby approves the form of the Notice of Intention to Issue Certificates of Obligation presented to the City Council in substantially the form attached hereto as Exhibit "A" and incorporated herein by reference (the "Notice"). The City Council hereby authorizes the Mayor or any other member of the City Council or any other official of the City to execute and deliver the Notice on behalf of the City, with such changes therein and additions thereto as the person executing same may approve, such approval to be conclusively evidenced by such execution thereof. The City Council hereby authorizes and directs the Mayor, the City Clerk or any other official of the City to cause the Notice to be published in the manner required by law in a newspaper of general circulation in the City. Section 3. The Notice set forth in Exhibit "A" attached hereto shall be published in both English and Spanish once a week for two (2) consecutive weeks in a newspaper which is of general circulation in the City, the date of the first publication to be not less than thirty (30) days prior to the date tentatively set in the Notice for the passage of the ordinance authorizing the issuance of such Certificates of Obligation. Section 4. The Mayor, the City Clerk, and other officials of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this resolution. Section 5. This resolution shall take effect immediately upon its passage. Section 6. It is officially found, determined and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by the Texas Government Code Chapter 551, as amended. PASSED AND APPROVED this 27th day of May, 2008. ATTEST: City Clerk THE CITY OF BEAUMONT, TEXAS (SEAL) Mayor THE CITY OF BEAUMONT, TEXAS -2- EXHIBIT "A" NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of The City of Beaumont, Texas (the "City"), will meet in the Beaumont City Hall, 801 Main Street, Beaumont, Texas, at 1:30 p.m., on the 1st day of July, 2008, which is the time and place tentatively set for the passage of an ordinance and to take such other action as may be deemed necessary to authorize the issuance of the City's Certificates of Obligation, Series 2008, in the maximum aggregate principal amount of $30,000,000, payable from the City ad valorem taxes and from a subordinate lien and limited pledge of certain net revenues of the City's water and sewer system, bearing interest at a rate or rates, not in excess of that prescribed by law, and maturing over a period of years not to exceed forty (40) years from the date thereof, for the purpose of evidencing the indebtedness of the City to finance all or any part of the cost of the following projects, with projects will be financed in such order of priority as determined by the City Council: (1) Alice Keith Park improvements, including new Community Center, playground, restrooms, expanded parking and Police Sub -Station, (2) Athletic Complex improvements, including new restrooms, new scorekeeper structures, and new covers for spectator areas and dugouts, (3) improvements at the Athletic Complex Tennis Center, including new tennis courts, jogging trail, new tennis pavilion and clubhouse, lighting, additional parking, landscaping, picnic tables, bleachers and fencing, (4) renovations and building improvements to Beaumont City Hall, (5) renovations and building improvements to Beaumont Civic Center, including kitchen renovations, new warehouse, dock and ticket center renovations, (6) expansion of and improvements to the City's Communications Building, (7) construction of a new Downtown Event Center and Lake Park, including construction of a lake, walking trails, lighting, parking, bathrooms and picnic areas, and construction of a new Event Center to replace the Harvest Club, (8) construction of a downtown waterway and amenities, including a waterway, sidewalks, lighting, fountains, benches and landscaping, (9) construction of a new EMS Station No. 2 and warehouse facility, (10) relocation and consolidation of Fire Stations No. 1 and 7 and construction of a new fire station, administrative offices and training library, construction of a new Fire Station No. 11, and relocation and construction of a new Fire Station No. 2, (11) construction of a new Fleet Fire Maintenance Facility, (12) improvements to the Fleet Service Center facility, including new and expanded parking and drainage improvements, (13) construction of City hike and bike trails between Delaware and Folsom Roads, (14) improvements at the Municipal Airport, including upgrades to runways and taxiways, drainage improvements and construction of new aviation hangers, (15) renovations and improvements to the Police Department Property Building, (16) replacement of the Police Department Building chilled water air conditioning system, (17) construction of a new Public Health Complex, (18) acquisition of land within the City to be used for future capital improvement projects and demolition of dilapidated structures that exist on such land, (19) improvements at Riverfront Park, including erosion stabilization improvements, new lighting and renovations to restrooms, (20) construction of a new Senior Center Facility to replace the Best Years Center, (2 1 ) construction of a new Transportation Operations Shop, (22) additions and improvements to the Tyrrell Historical Library, (23) improvements at Tyrrell Park, including refurbishing the existing recreation building into a new community center, construction of new shelters and restrooms, (24) authorized street and drainage improvements throughout the City, and (25) the cost of professional services incurred in connection therewith. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 27th day of May, 2008. /s/ Becky Ames Mayor THE CITY OF BEAUMONT, TEXAS -4- 5 May 27, 2008 Consider approving a contract for the 2008 Asphalt Street Rehabilitation Program RICH WITH OPPORTUNITY IIEA,[11�10111)( T - E• X - A• S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager I. PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: May 27, 2008 REQUESTED ACTION: Council consider authorizing the award of a contract for Asphalt Street Rehabilitation. RECOMMENDATION The administration recommends the award of a contract to LD Construction of Beaumont in the amount of $3,873,529.40. BACKGROUND On May 15, 2008 the City of Beaumont received two (2) bids for the 2008 Asphalt Street Rehabilitation Program. The lowest bid was submitted by LD Construction in the amount of $3,873,529.40. The Engineering estimate for the project before receipt of bid was $4,200,000.00. A bid tabulation is attached. Contractor LD Construction APAC- Texas Bid $3,873,529.40 $4,070,288.25 The recommended low bidder is certified as a Minority Business Enterprise (MBE) BUDGETARYIMPACT Funds are available in the Capital Program. 8 S O O O O O O O O O O N O O S C O S S 0 0 O O 0 O W S 00 S O O O O O O O o O O S N O pCO ^^ M N O N O .0 CV �KfO MG V Opp CV NMfpDp00 p0 N001p�7M p0 �S�OpN 1`� S l7N � � _O r pp f0 f0 S f0 Mr V tOMpf H v7�p 1p NhOl s� tO /")HNIpMM H N frD_��CDM � HHwNN T V1Nr NppONlON Nt0 H N wH H O r O y p H w N U SS g o S IQ InIq q$SSSSrnoe$oC!C! i a N fV r 1� O M N p (V a0 O fV C. N O O O G O fC H N W H H H w H H 00 O H w r8 � y f0 H d N O O O O O OOt 0 OaOO po Sr SOrSt`0 O Br S�1p OO SM SSN po0r ppO pp O 00t -"ed N Up IO CN0fD SpO0 MOON O N 22Oo O r O a0 e0 p W1- tO 2 0 10 Oi NO NNW M M HS SOti;N NCO0S Np �OOr9 lrm'f Z N Hta} H � F H N U Z S o S S S S pp t00 t p pp S O S S 0 0 0 0 N S p S O S S S O S O U N O N O M N 1p M' H M H M M H fV f7 HHHGO CO H O 1p a0 H H O O .0 LO H H fV N H6N 0 0 0 0 0 0 0 0 0 O H O HNH N N Gw J C H H H �a N H 00 00o 0 gS 0 o 0000 0000$00000000�00000 00000000 00000 G NM C of r t0 G cc O O 1n V C w ey OD oic�iaiadruiG ee� NNht:1pM O)OINr M y O l (V r 0 MNIp 'vioav�G��Go� �p tp Olr N N Ili r r Na0 N C r. 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W!p LL'QQ2SS=LLQ.LLUa (pOOOO J JpQO Q�mFFUU a mog S o 0 0 ooS8SSo$oS0000000a EE p i'Zr g O r V ry N N N 0 NMMaa 0 0 y0 0 a0 MMMT S V ^ 0 V 1p 0 0 Ip 1p p0 N Ov>r lOD STREET REHABILITATION PROGRAM 2008 - Engineering Street Name Limits Ward Estimated Cost Annie Avenue A to Dead End IV $46,270 Arlington Prutzman to Jackson III 7,400 Ashley 1 st to 7th Street 11 98,120 Ashley 7th to 11th Street 11 216,400 Avenue B Lavaca to EI ie IV 95,310 Avenue B Craig to Easy III 56,220 Burbank Pevitot to Washington 111 54,850 Crockett 4th to Railroad Tracks III 141,070 Dollin er 9th to Transit Mix Plant 1 54,980 E. Pipkin Brandon to Highland IV 33,400 Emile Corley to Royal III 129,030 Evalon 5th to 8th 1 88,300 Humble Wescalder to Major III 82,430 Jaguar South to Smart I 204,870 Matthews Prutzman to Phelan 11 15,200 Monroe Ironton to Cleveland III 90,260 Ogden Pipkin to Alma IV 66,150 Pevitot Major to Washington II 182,590 Plant Eastex Fwy to Helbig 128,130 Prairie Avenue D to Neches III 116,220 Prince Quinn to Pine III 115,980 Prutzman Phelan to Jackson II 110,940 Rusk 13th to IH -10 I 46,020 Sabine Pass Buford to Flowers 111 453,100 Saint AnthonyMcGovern to Jackson III 23,020 Shakespeare Prutzman to Phelan II 24,500 Sheffield Taylor to Buchnan 111 82,170 Sherwood Piney Point to Broadoak III 355,300 Tolivar Ma'or to Keith Road II 430,800 Tram West City Limits to Eastex Fwy 456,890 Vestal Gill to Gill III 80,190 Wescalder Total JWalden to Humble II 160,160 $4,200,000 RESOLUTION NO. WHEREAS, bids were solicited for a contract for Asphalt Street Rehabilitation; and, WHEREAS, LD Construction of Beaumont, submitted a bid in the amount of $3,873,529.40; and, WHEREAS, City Council is of the opinion that the bid submitted by LD Construction of Beaumont, in the amount of $3,873,529.40 should be accepted: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by LD Construction of Beaumont, in the amount of $3,873,529.40 for a contract for Asphalt Street Rehabilitation should be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of May, a$: - Mayor Becky Ames - May 27, 2008 Consider amending Section 19 of the Code of Ordinances regulating seismic testing within the city RICH WITH OPPORTUNITY BEA,UMONT T• E• A• A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Gs3 Chris Boone, Community Development Director May 27, 2008 Council consider amending the ordinance regulating drilling and seismic testing within the city. RECOMMENDATION The Administration recommends approval of the amendment to Section 19 of the Code of Ordinances. BACKGROUND The City Council recently amended Section 19 of the Code of Ordinances to establish guidelines for seismic testing in the city. Since these amendments were made, additional needed changes have been identified and are attached. These recommended changes include a modification to Section 19-1, changing the definition of "structure"; amending Section 19-19 to allow permit extensions for all types of permits; amending Section 19-53 to specify the seismic testing insurance levels as opposed to drilling and redrilling insurance levels; amending Section 19-54 to allow permit transfers for seismic permits; and, repealing Section 19-56 as a duplication of Section 19-19. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 19, SECTIONS 19-1,19-19,19-53, AND 19-54, AND REPEALING SECTION 19-56 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT PROVIDING FOR SEISMIC TESTING; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 19, Section 19-1, of the Code of Ordinances of the City of Beaumont be and it is hereby amended to amend the definition of structure to read as follows: Sec. 19-1. Definitions. Structure: That which is built or constructed for the purpose of human habitation and occupancy. Section 2. THAT Chapter 19, Section 19-19, of the Code of Ordinances of the City of Beaumont be and it is hereby amended to read as follows: Sec. 19-19. Same—Extension of time. Whenever a person holding a drilling, re -drilling or seismic testing permit pursuant to the provisions of this chapter wishes to request an extension of the time within which drilling, re -drilling or seismic testing operations are required to be commenced to a period beyond one hundred eighty (180) days after the effective date of the permit, a request for such extension shall be filed with the building official in writing and be accompanied by a fee in the amount of one hundred twenty-five dollars ($125.00) for each location for which an extension is requested. Such request for an extension shall set forth facts showing good cause for the building official to allow additional time forthe commencement of the operation. When good cause is shown, the building official shall grant an extension not to exceed an additional one hundred eighty (180) days. Section 3. THAT Chapter 19, Section 19-53, of the Code of Ordinances of the City of Beaumont be and it is hereby amended to read as follows: Sec. 19-53. Insurance required; types, amounts. Priorto issuance of any seismic permit hereunder, applicant shall furnish the building official with a certificate of insurance showing a valid policy or policies of public liability insurance, covering bodily injuries and property damage. Said insurance shall be written by a company authorized to do business in this state. Applicant shall provide at least fifteen (15) days written notice of any cancellation or modification of such insurance. Such policies shall provide for the following minimum coverage: (1) Bodily injuries: $300,000 per person, $1,000,000 per incident. (2) Property damage: $1,000,000. Section 4. THAT Chapter 19, Section 19-54, of the Code of Ordinances of the City of Beaumont be and it is hereby amended to read as follows: Sec. 19-54. Permit transfer approval. All seismic permits granted under this chapter shall be transferable upon approval of the building official, after a determination that all requirements of this chapter are met by the transferee. Section 5. That Chapter 19, Section 19-56 of the Code of Ordinances of the City of Beaumont be and it is hereby repealed. Section 6. 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 7 That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 8. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. 6 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of May, - Mayor Becky Ames - OA May 27, 2008 Consider amending Chapter 29 of the Code of Ordinances relating to vehicles for hire RICH WITH OPPORTUNITY [I I'Lm ► � T - E - X - A• S I City Council Agenda Item City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Parks and Recreation Director MEETING DATE: May 27, 2008 REQUESTED ACTION: Council consider amendments to Chapter 29, related to vehicles for hire. RECOMMENDATION The Administration recommends approval of the amendments proposed for Chapter 29. BACKGROUND As previously discussed, the Code of Ordinances is being revised and updated to reflect current and recommended operational and management practices. In accordance with the process that was put in place, the proposed changes to Chapter 29, which relates to vehicles for hire, were provided to the City Council for review. Following the plan, Chapter 29 is being brought forward for consideration and approval. Later this year, a recodified Code of Ordinances will be presented to City Council for review and consideration. The new Code will incorporate all of the revisions and updates that have been adopted during the review process. BUDGETARYIMPACT The recodification will cost an estimated $20,000. Funds are available in the FY 2008 Operating Budget. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 29, ARTICLE II, AMBULANCES, SECTIONS 29-20 THROUGH 29-25, SECTIONS 28-27 THROUGH 29-35, SECTION 29-38, ARTICLE III, TAXICABS, SECTION 29- 48, SUBSECTION 29-50(c), SECTION 29-56 AND SECTION 29-58 AND REPEALING ARTICLE II, SECTION 29-26 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to conform with current law and court interpretation, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 29, Article II, Section 29-20, Definitions, be and the same is hereby amended by deleting the definition of "Health authority." Section 2. That Chapter 29, Article II, Sections 29-21 through 29-25 be and the same are hereby amended to read as follows: Sec. 29-21. Operating ambulance without permit. No person shall drive or operate an ambulance for the purpose of transporting the sick or injured for hire upon the public streets of the City of Beaumont unless there is attached to the windshield of such ambulance a valid ambulance permit issued for such ambulance by the City. There shall be exempted from the provisions of the permit and license requirements of this article those ambulances who transport persons from a location outside the City of Beaumont into the City of Beaumont; those ambulances who pick up a person inside the City of Beaumont and transport said person outside the City of Beaumont; and those ambulances who transport persons only through the City of Beaumont. Sec. 29-22. Ambulance company permit fees. Every person, partnership or corporation desiring to obtain an ambulance permit shall make application in writing on a form provided by the city for that purpose to the public health director or his designee. Such application shall contain the name, address, and telephone number of the applicant and the address and telephone number of the location from which ambulance service will be originated. The application shall also show the make, model, motor number, correct state license number and ownership for each ambulance unit to be operated by the applicant. Every filed application shall be sworn to by the applicant and shall be accompanied by a permit fee of $250 for the company permit plus $25 for each ambulance unit operating within the city. No permit shall be transferable and every permit shall expire one year from the date of issuance. Sec. 29-23. Conditions for issuance of ambulance permit. The following conditions are necessary to the issuance of a permit: (a) There shall be in full force and effect a policy or policies of public liability and property damage insurance, issued by a casualty insurance company authorized to do business in the State of Texas, and in the standard form approved by the Commissioner of Insurance of the State of Texas, with coverage provisions insuring the public from any loss or damage that may arise to any person or property by reason of the operation of the ambulance for which the permit is issued, and providing that the amount of recovery shall be in limits not less than the following sums: (1) For damages arising out of bodily injury to or death of one person in any one accident, one hundred thousand dollars ($100,000.00); (2) For damages arising out of bodily injury to or death of two (2) or more persons in any one accident, three hundred thousand dollars ($300,000.00); (3) For any injury to or destruction of property in any one accident, one hundred thousand dollars ($100,000); and, the public health director or his designee shall be furnished with a current insurance certificate certifying that such policy as specified above is in full force and effect. Such certificate shall also provide that the City of Beaumont will be given ten (10) days notice of any cancellation. (b) The applicant cannot owe delinquent taxes to the city; (c) The applicant has a valid permit issued by the Texas Department of State Health Services pursuant to Chapter 773, Health and Safety Code; and (d) The applicant, an employer or any employee of the applicant, or any person residentially domiciled with the applicant, an employer or any employee of the applicant has not had an ambulance permit revoked within one year preceding the date of application. Sec. 29-24. Equipment. As a minimum requirement, every ambulance for which an ambulance permit is issued shall be equipped with the equipment required by the rules and regulations of the Texas Department of State Health Services for a state basic life support ambulance permit. Such equipment shall be permanently labeled in some manner so as to indicate that the equipment is owned by the ambulance company whose ambulance is being inspected. The rules and regulations of the State concerning equipment on ambulances are incorporated by reference as if set out in full at this point. Sec. 29-25. Licensed personnel. Every ambulance, when in service, shall be manned with at least two (2) EMTs who are currently certified in standard cardiopulmonary resuscitation (CPR) procedures approved by the American Red Cross or the American Heart Association. Only authorized personnel shall be allowed in the ambulance at any time. This does not apply to family members of the injured. Section 3. That Chapter 29, Article II, Section 29-26 be and the same is hereby repealed. Section 4. That Chapter 29, Article ll, Sections 29-27 through 29-35 be and the same are hereby amended to read as follows: Sec. 29-27. Communications. Every ambulance shall be equipped with a fully operational two-way radio communications system. Sec. 29-28. Transport of injured or ill persons. (a) When the holder of an ambulance permit agrees to respond to an emergency medical incident, he shall be required to send an ambulance to transport a sick or injured person from a location within the city to an emergency medical facility. Ambulances involved in emergency calls shall travel at a speed no greater than ten (10) miles per hour above the legal speed limit. (b) In the event of a major emergency incident involving multiple casualties and/or fatalities, the first senior City of Beaumont EMS paramedic to arrive on the scene or the EMS director/manager shall have complete control over the medical scene. This senior paramedic or EMS manager shall have authority to decide which ambulance will transport the patient or patients and to designate which hospital or medical facility to which they are to be transported. A designated triage officer is to be authorized by EMS to triage, tag, arrange for transport and to see that the patients get transported to the appropriate emergency medical facility. (c) Any ambulance service which refuses to transport or which transports to an emergency medical facility other than one designated by the senior EMS paramedic or triage officer, as provided for in subsection (b), shall result in a two (2) week suspension of the driver's identification card and permanent suspension of the driver's identification card for a second offense committed during the term of the card. (d) Any ambulance service which wishes to participate in the city's rollover program shall enter into an agreement with the city and be subject to the provisions and requirements contained herein. Sec. 29-29. Ambulance inspection. Each ambulance for which a permit is issued shall be inspected at least once every twelve (12) months to determine compliance with this article. As many additional inspections as are determined to be necessary by the public health director or his designee may be made to insure enforcement of this article. Sec. 29-30. Suspension or revocation of ambulance permit. An ambulance permit may be suspended by the public health director for any period of time from one day to thirty (30) days, or may be revoked. The public health director shall give written notice of suspension or revocation to the holder of an ambulance permit. The notice of suspension shall include the dates of the proposed suspension and the reasons therefor. The notice of revocation shall include the reasons for the proposed revocation. The holder of an ambulance permit may request a hearing by written notice to the city manager or his designee within five (5) days of the receipt of notice of suspension or revocation. Upon receipt of a written request for hearing, the city manager or his designee shall notify the permit holder of the time and place for a hearing to be held not less than five (5) nor more than fifteen (15) days after receipt of request for hearing. After hearing, the city manager or his designee may, upon a finding that one or more grounds for revocation or suspension exists, revoke or suspend the permit. If no ground for revocation or suspension is found by the city manager or his designee, he shall overrule the revocation or suspension. A record shall be made of any hearing held under this section, and all costs associated with such hearing and record shall be paid by the permit holder. Impossibility of performance shall be the only defense to revocation for failing to send an ambulance when requested to transport a sick or injured person from a location within the city to an emergency medical facility within the city. The city manager or his designee shall render his decision in writing within ten (10) days of the conclusion of the hearing. The following shall be grounds for revocation or suspension of an ambulance permit by the city manager or his designee: (a) The permit holder or an employee of the permit holder has violated any provision of this chapter; (b) The permit holder or an employee of the permit holder has misused information received from a broadcast on the city's emergency radio frequency for his own benefit, or the benefit of another person, in connection with the operation of an ambulance; (c) The permit holder has allowed a person not holding a valid City of Beaumont identification card to operate the ambulance for the purpose of transporting a sick or injured person or persons on the public streets of the city; (d) The permit holder or an employee of the permit holder has, in the provision of ambulance service, violated the zoning ordinance of the City of Beaumont. Sec. 29-31. Appeal. Appeal of the decision to revoke or suspend an ambulance permit by the city manager or his designee shall be made to the City Council and shall be heard only upon the record made of the hearing before the city manager or his designee. The substantial evidence rule shall apply. The City Council shall hear said appeal upon receipt of a request in writing for such appeal received within fifteen (15) days after the date of the decision of revocation by the city manager or his designee. The record of the hearing before the city manager or his designee shall be attached as a part of the request for appeal to the City Council. The decision of the City Council shall be final. Sec. 29-32. Ambulance identification card required. No person shall operate or drive an ambulance for the purpose of transporting the sick or injured for hire upon the public streets of the City of Beaumont unless he is wearing a valid identification card issued by the public health director or his designee. Sec. 29-33. Application for identification card. Application for a city identification card shall be made in writing to the public health director or his designee on a form provided for that purpose. Such application shall give the name, address and telephone number of the applicant. The applicant must be eighteen (18) years old, the holder of a driver's license valid for the operation of an ambulance in the State of Texas and must exhibit proof that he/she has passed an emergency medical technician course. Such application must be signed and sworn to before a notary public. Every application when filed shall be accompanied by a fee of twenty-five dollars ($25.00). No card shall be transferable and every card shall expire one year from the date of issuance. The card is subject to recall by the public health director and must be surrendered upon expiration of certification. Sec. 29-34. Suspension or revocation of identification card. An ambulance identification card may be suspended for any period of time from one day to thirty (30) days, or may be revoked. The public health director may revoke or suspend an identification card upon a finding that the holder has been convicted of violating any provision of this article or upon conviction of a moving violation of the traffic laws of the State of Texas, or the City of Beaumont, provided such moving violation occurs while the violator is driving or operating an ambulance, or the holder no longer meets the requirements of section 29-33 of this article. Upon suspension or revocation of an identification card the public health director shall give written notice to the holder of the card. The notice shall state the reasons for the proposed revocation or suspension and that the holder of the card may request a hearing. The holder of an identification card may request a hearing within five (5) days of the receipt of notice of suspension or revocation by filing same with the city manager or his designee. The city manager or his designee shall conduct a hearing within fifteen (15) days of the request and may approve the suspension or revocation upon a finding that grounds for suspension or revocation exist under this article or may overrule the suspension. Should a hearing be requested in accordance with this article, the suspension or revocation shall be delayed pending the final decision of the city manager or his designee which said decision shall be final. Sec. 29-35. Radio response to the 911 dispatch operations center of location and availability. A permit holder shall at all times respond to inquiries of the city by radio regarding the status of each permitted ambulance. Section 5. That Chapter 29, Article II, Section 29-38 be and the same is hereby amended to read as follows: Sec. 29-38. Fees. The city manager is hereby authorized to establish and adjust fees for ambulance services consistent with the current payment practices of Medicare, Medicaid, and the insurance industry. The fees, as established, shall be charged by the city for services rendered to the public. Section 6. That Chapter 29, Article III, Section 29-48 be and the same is hereby amended to read as follows: Sec. 29-48. Ad valorem taxes --Payment required, delinquency causes revocation of permit. It shall be the duty of every owner of a taxicab that is operated in the city to pay all ad valorem taxes assessed by the city against such vehicle and other equipment used in such business, and a failure to pay such ad valorem taxes before they become delinquent shall operate as a reason for revocation of the permit issued in accordance with this article. Section 7. That Chapter 29, Article III, Subsection 29-50(c) be and the same is hereby amended to read as follows: Sec. 29-50. Condition of vehicle; inspections. (c) No taxicab shall be given a permit unless that taxicab has a valid motor vehicle inspection sticker. Taxicab permits issued to taxicabs shall be valid only so long as the vehicle has affixed to it a valid motor vehicle inspection sticker. Section 8. That Chapter 29, Article III, Section 29-56 be and the same is hereby amended to read as follows: Sec. 29-56. Terminals; required; soliciting at stations prohibited; remaining in cab at subterminals. (a) Every operator of a taxicab shall maintain within the city an off-street terminal of sufficient size to accommodate all of the owner's taxicabs. (b) The form and type of a terminal shall be of such a nature as best meets public convenience and necessity and affords a safe, sanitary and lawful operation of transportation by taxicabs. The site, location, type of proposed buildings and the sanitary conditions of the taxi stand shall be reflected in an application to the chief of police. The equipment, site and place of a terminal must be found by the chief of police or his designee to best meet public convenience and necessity prior to an authorization to a permit holder to operate such terminal. An affirmative finding in favor of applicant, reflecting adequate sufficiency of the place of any off-street terminal shall be considered as having an established prima facie case thereon, upon its appearing within the application that the operator of taxicabs is presently operating for his own exclusive use such off-street terminal now being operated in the commercial areas of the city. Section 9. That Chapter 29, Article III, Section 29-58 be and the same is hereby amended to read as follows: Sec. 29-58. Maximum load. No driver or owner of any taxicab, licensed under the provisions of this article, shall permit or allow more passengers than the vehicle is rated to carry in such taxicab; and in no event shall more than two (2) persons, in addition to the driver, be permitted to ride in the front seat of such taxicab, and then only if the number of passengers makes it necessary. Section 10. 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 11. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 12. That any person who violates any provision of this ordinance shall, upon conviction be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 27th day of May, 2008. - Mayor Becky Ames - Chapter 29 VEHICLES FOR HIRE Art. I. In General, §§ 29-1--29-19 Art. II. Ambulances, §§ 29-20--29-39 Art. III. Ta)acabs, §§ 29-40--29-69 Art. IV. Tow Trucks, Towing Companies, and Tow Truck Operators, §§ 29-70--29-76 ARTICLE I. IN GENERAL Secs. 29-1--29-19. Reserved. ARTICLE II. AMBULANCES* *Editor's note: Ord. No. 78-2, adopted Jan. 3, 1978, has been codified as superseding Art. II, §§ 29-20--29-28. Former Art. II pertained to ambulances and was derived from Code 1958, §§ 4-1--4-9. Sec. 29-20. Definitions. [As used in this article, the following terms shall have the respective meanings ascribed to them:] Ambulance. Any vehicle used, designed or redesigned for the purpose of transporting the sick or injured. Ambulance permit. The permit issued under section 29-22 of this article. Basic life support ambulance. A vehicle that is used; designed or redesigned for transporting the sick or injured and that has sufficient equipment and supplies for providing basic life support. Street. By the term "street" is meant the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (Ord. No. 78-2, § 1, 1-3-78; Ord. No. 78-65, § 1, 6-6-78; Ord. No. 85-82, § 1, 8-13-85) Sec. 29-21. Operating ambulance without permit. No person shall drive or operate an ambulance for the purpose of transporting the sick or injured for hire upon the public streets of the City of Beaumont unless there is attached to the windshield of such ambulance a valid ambulance permit issued for such ambulance by the health autheFityjbg City. There shall be exempted from the provisions of the permit and license requirements of this article those ambulances who transport persons from a location outside the City of Beaumont into the City of Beaumont; those ambulances who pick up a person inside the City of Beaumont and transport said person outside the City of Beaumont; and those ambulances who transport persons only through the G*g + of Beaumont. (Ord. No. 78-2, § 1, 1-3-78; Ord. No. 79-24, § 1, 3-27-79) Sec. 29-22. Ambulance company permit; appliGati fees. Every person, partnership or corporation desiring to obtain an ambulance permit shall make application in writing on a form provided by the city for that purpose to the public health awt#er+t -director or his designee. Such application shall contain the name, address, and telephone number of the applicant, the peFmit is to be issued, and the address and telephone number of the location from which ambulance service will be originated. The application shall also show the make, model, motor number, aPA-correct state license number and ownership ef-t#efor each ambulance for WhiGh a peanit is b8iRg Fequestedunit to be operated by the applicant. Every filed application when filed shall be sworn to by the applicant and shall be accompanied by a permit fee of $250 for the company permit plus $25 for each ambulance unit operating within the city. No permit shall be transferable and every permit shall expire one year from the date of issuance. (Ord. No. 78-2, § 1, 1-3-78; Ord. No. 03-100, § 1, 12-9-03) Sec. 29-23. Conditions for issuance of ambulance permit. Ne ambulaRGe permit shall beThe followinq conditions are necessary to the issuance of a permit: (a) insuFaPGe. WRIess There +s' -shall be in full force and effect a policy or policies of public liability and property damage insurance, issued by a casualty insurance company authorized to do business in the State of Texas, and in the standard form approved by the beaFd of the Commissioner of Insurance of the State of Texas, with coverage provisions insuring the public from any loss or damage that may arise to any person or property by reason of the operation of the ambulance for which the permit is issued, and providing that the amount of recovery shall be in limits not less than the following sums: (1) For damages arising out of bodily injury to or death of one person in any one accident, one hundred thousand dollars ($100,000.00); (2) For damages arising out of bodily injury to or death of two (2) or more persons in any one accident, three hundred thousand dollars ($300,000.00); (3) For any injury to or destruction of property in any one accident, done hundred thousand dollars ($25,000.00)($100,000); and, the # public health director or his designee shall be furnished with a current insurance certificate certifying that such a -policy as specified above is in full force and effect. Such certificate shall also provide that the City of Beaumont will be given ten (10) days notice of any cancellation. (b) operated iR the appliGaRVG ambulaRGe b6i6inessThe applicant cannot owe delinquent taxes to the city; (c) State peFmit. Unless theThe applicant has been- issaed--a valid permit issued by V9FReR'6 Annotated Texas, GoW the Texas Department of State Health Services pursuant to Chapter 773, Health and Safety Code; and (d) The applicant, an employer or any employee of the applicant, or any person residentially domiciled with the applicant, an employer or any employee of the applicant has not had an ambulance permit revoked within one year preceding the date of application;, (Ord. No. 78-2, § 1, 1-3-78; Ord. No. 78-70, § 1, 6-20-78) Sec. 29-24. Equipment. As a minimum requirement, every ambulance for which an ambulance permit is issued shall be equipped with the equipment required by the rules and regulations of the Texas Department of State Health Services for a state basic life support ambulance permit. Such equipment shall be permanently labeled in some manner so as to indicate that the equipment is owned by the ambulance company whose ambulance is being inspected. The rules and regulations of the Texas Pepartment ef W State concerning equipment on ambulances are incorporated by reference as if set out in full at this point. (Ord. No. 78-2, § 1, 1-3-78; Ord. No. 85-82, § 3, 8-13-85) Sec. 29-25. Licensed personnel. Every ambulance, when in service, shall be manned with at least two (2) EMTs who are currently certified must be tFaiR9d in standard cardiopulmonary resuscitation(CPR) procedures approved by the American Red Cross or the American Heart Association #aiR i Rg. Only authorized personnel shall be allowed in the ambulance at any time. This does not apply to family members of the injured. (Ord. No. 78-2, § 1, 1-3-78; Ord. No. 85-82, § 4, 8-13-85) (Ord. No. 78-2, § 1, 1-3-78; Ord. No. 80-75, § 2, 7-29-80) Sec. 29-27. Communications. Every ambulance shall be equipped with a fully operational two-way radio communications system. , GRe (Ord. No. 78-2, § 1, 1-3-78; Ord. No. 78-65, § 2, 6-6-78) Sec. 29-28. Transport of injured or ill persons. (a) TWhen the holder of an ambulance permit agrees to respond to an emergency medical incident, he shall be required to send an ambulance, to transport a sick or injured person from a location within the city to an emergency medical facility WithiR Ambulances involved in emergency calls shall travel at a speed no greater than ten (10) miles per hour above the legal speed limit. (b) In the event of a major emergency incident involving multiple casualties and/or fatalities, the first senior City of Beaumont EMS paramedic to arrive on the scene or the EMS director/manager shall have complete control over the medical scene. This senior paramedic or EMS manager shall have authority to decide which ambulance will transport the patient or patients and to designate which hospital or medical facility to which they are to be transported. A designated triage officer is to be authorized by EMS to triage, tag, arrange for transport and to see that the patients get transported to the appropriate emergency medical facility. (c) Any ambulance service which refuses to transport or which transports to an emergency medical facility other than one designated by the senior EMS paramedic or triage officer, as provided for in subsection (b), shall result in a two (2) week suspension of the arnbulaRGe-driver's a+seRse-identification card and permanent suspension of the arnbulaRGe driver's i+seRse-identification card for a second offense committed during the term of the I+seRsecard. (d) Any ambulance service which wishes to participate in the city's rollover program shall enter into an agreement with the city and be subject to the provisions and reauirements contained herein. (Ord. No. 78-2, § 1, 1-3-78; Ord. No. 0-78-7, § 1, 1-17-78; Ord. No. 87-50, § 1, 6-30-87) Sec. 29-29. Ambulance inspection. Each ambulance for which a permit is issued shall be inspected at least once every twelve (12) months to determine compliance with this article. As many additional inspections as are determined to be necessary by the ublic health director or his designee may be made to insure enforcement of this article. (Ord. No. 78-2, § 1, 1-3-78) Sec. 29-30. Suspension or revocation of ambulance permit. An ambulance permit may be suspended by theup blic health a6ither4y-director for any period of time from one day to thirty (30) days, or may be revoked. The public health awthe4ty-director shall give written notice of suspension or revocation to the holder of an ambulance permit. The notice of suspension shall include the dates of the proposed suspension and the reasons therefor. The notice of revocation shall include the reasons for the proposed revocation. The holder of an ambulance permit may request a hearing by written notice to the health autheritycity manager or his designee within five (5) days of the receipt of notice of suspension or revocation. Upon receipt of a written request for hearing, thehealth-the*city manager or his designee shall notify the permit holder of the time and place for a hearing to be held not less than five (5) nor more than fifteen (15) days after receipt of request for hearing. After hearing, the health amity manager or his designee may, upon a finding that one or more grounds for revocation or suspension exists, revoke or suspend the permit. If no ground for revocation or suspension is found by the city manager or his designee, he shall overrule the revocation or suspension. A record shall be made of any hearing held under this section, and all costs associated with such hearing and record shall be paid by the permit holder. Impossibility of performance shall be the only defense to revocation for failing to send an ambulance when requested to transport a sick or injured person from a location within the city to an emergency medical facility within the city. The health autheFit city manager or his designee shall render his decision in writing within ten (10) days of the conclusion of the hearing. The following shall be grounds for revocation or suspension of an ambulance permit by the he-afth autheritycity manager or his designee: (a) The permit holder or aR empleyeF or any employee of the permit holder has violated any provision of this chapter; (b) The permit holder or an empleyer-or an employee of the permit holder has misused information received from a broadcast on the 2! a emergency radio frequency for his own benefit, or the benefit of another person, in connection with the operation of an ambulance; (c) The permit holder isswed-has allowed a person not holding a valid City of Beaumont ' identification card to operate the ambulance for the purpose of transporting a sick or injured person or persons on the public streets of the city; (d) The permit holder or an empleyeF9r-employee of the permit holder has, in the provision of ambulance service, violated the zoning ordinance of the City of Beaumont. (Ord. No. 78-2, § 1, 1-3-78; Ord. No. 0-78-7, § 2,1-17-78; Ord. No. 80-75, § 3, 7-29-80) Sec. 29-31. Appeal. Appeal of the decision to revoke or suspend an ambulance permit by the health awtherita}city manager or his designee shall be made to the s*gjtyt sCouncil and shall be heard only upon the record made of the hearing before the health authw4yci manager or his designee. The substantial evidence rule shall apply. The sCity eCouncil shall hear said appeal upon receipt of a request in writing for such appeal received within fifteen (15) days after the date of the decision of revocation by the heafta auk►eritycity manager or his designee. The record of the hearing before the health aether+tycity manager or his designee shall be attached as a part of the request for appeal to the eCity sCouncil. The decision of the sCity sCouncil shall be final. (Ord. No. 0-78-7, § 3,1-17-78; Ord. No. 80-75, § 5, 7-29-80) Sec. 29-32. Ambulance identification card required. No person shall operate or drive an ambulance for the purpose of transporting the sick or injured for hire upon the public streets of the City of Beaumont unless he is wearing a valid iiser}seidentification card issued by theup blic health director or his designee aWtherity. (Ord. No. 78-2, § 1, 1-3-78) Sec. 29-33. Application for identification card. Application for a city identification card shall be made in writing to theup blic health autherity-director or his designee on a form provided for that purpose. Such application shall give the name, address and telephone number of the applicant. The applicant must be eighteen (18) years old, the holder of a driver's license valid for the operation of an ambulance in the State of Texas and must exhibit exhibit proof that he/she has passed an emergency medical technician course. No peFrseR 6hall be eligible M.. -A d- GMRg meFal turpitude withiR the past t9R (10) yea Such application must be signed and sworn to before a notary public. Every application when filed shall be accompanied by a 4Gense-fee of twenty-five dollars ($25.00). No fiser}se card shall be transferable and every fiser}se-card shall expire one year from the date of issuance. The card is subiect to recall by the public health director and must be surrendered upon expiration of certification. (Ord. No. 78-2, § 1, 1-3-78; Ord. No. 93-9, § 1, 2-9-93) Sec. 29-34. Suspension or revocation of ambulanGe dFiveF's f+senseidentif!cation card. An ambulance identification card may be suspended for any period of time from one day to thirty (30) days, or may be revoked. The health _awtheFity autherityThe public health director may revoke or suspend an ' tiser►seidentification card upon a finding that the tiseaseeholder has been convicted of violating any provision of this article or upon conviction of a moving violation of the traffic laws of the State of Texas, or the City of Beaumont, provided such moving violation occurs while the violator is driving or operating an ambulance, or the driverholderno longer meets the requirements of section 29-33 of this article. Upon suspension or revocation of an identification card theug blic health aUt#eF+ty director shall give written notice to the holder of the ard. The notice shall state the reasons for the proposed revocation or suspension and that the holder of the tiseAse-card may request a hearing. The holder of an ' ii seRseidentification card may request a hearing within five (5) days of the receipt of notice of suspension or revocation by filing same with the city manager or his designee. The health authef4ycity manager or his designee shall conduct a hearing within fifteen (15) days of the request and may approve the suspension or revocation upon a finding that grounds for suspension or revocation exist under this article or may overrule the suspension. Should a hearing be requested in accordance with this article, the suspension or revocation shall be delayed pending the final decision of the health aetherkycity manager or his designee which said decision shall be final. (Ord. No. 78-2, § 1, 1-3-78; Ord. No. 80-75, § 4, 7-29-80) Sec. 29-35. Radio response to the 911 dispatch operations center of location and availability. A permit holder shall at all times netify -respond to inquiries of the 24 4ea414 aut-herity by radio regarding the status a- the of each permitted ambulance whether the -available for 69wiGe; provided however, that RGAiGe ef Ghanges- in k9r.atien meed- Ret -he made while the ambulanGe 06 FnE)V*PI9. (Ord. No. 80-75, § 6, 7-29-80) Sec. 29-36. Reserved. Editor's note: Ord. No. 90-54, § 1; adopted August 11, 1990, amended the Code by repealing § 29-36 in its entirety. Said section pertained to the creation, appointment and terms of the emergency medical services commission and derived from Ord. No. 84-07, § 1, adopted January 3, 1984. Sec. 29-37. Reserved. Editor's note: Ord. No. 90-54, § 1, adopted August 11, 1990, amended the Code by repealing § 29-37 in its entirety. Said section pertained to the duties of the emergency medical services commission and derived from Ord. No. 84-07, § 1, adopted January 3, 1984. Sec. 29-38. Fees. The city manager is hereby authorized to establish and adjust fees for ambulance services consistent with the current payment practices of Medicare Medicaid and the insurance industry. The fees as established shall be charged by the city for services rendered to the public. (Ord. No. 84-42, § 1, 3-20-84; Ord. No. 07-045, 4-3-2007) Editor's note: Inasmuch as Ord. No. 84-42, § 1, adopted Mar. 20, 1984, did not specify manner of codification, inclusion as § 29-38 has been at the discretion of the editor. Sec. 29-39. Reserved. ARTICLE 111. TAXICABS* *Editor's note: Ord. No. 99-77, adopted October 5, 1999, amended the Code by repealing former art. Ill, §§ 29-40--29-64, and adding a new art. III, §§ 29-40--29-64. Former art. III pertained to similar subject matter, and derived from Ord. No. 99-63, adopted September 7, 1999. Sec. 29-40. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them: Chief of police: Shall be the duly appointed chief of the police department or his/her designee. Cruise, cruising: The movement of unoccupied taxicabs over the public streets of the city in search of, or soliciting prospective passengers for hire; except, however, unoccupied taxicabs proceeding to answer a telephone call for taxicab service from an intended passenger, and taxicabs returning to a taxi stand, terminal or subterminal by the most direct route, after having discharged a passenger, to the place where such taxicab is housed or to the place of discharge of the passenger, shall not be considered to be cruising. Driver, chauffeur. • Any person in actual charge of the operation of a taxicab, whether as owner, or agent, servant or employee of the owner. License to operate: Authority granted by the city authorizing such operator of a taxicab to engage in the business of transportation by taxicab. Owner, operator. Any person who has the control, direction, maintenance and the benefit of the collection of revenue derived from the operation of taxicabs on or over the streets of the city, whether as owner or otherwise, except "driver" as herein defined. Subterminal: Any place other than a terminal in which the drivers or chauffeurs of taxicabs shall receive calls from a dispatcher and such calls are relayed from a taxi terminal or taxi stand, and which shall likewise mean and embrace the space and area used by taxicabs while waiting for passengers. Taxicab: An automobile or motor -propelled vehicle used for transportation of passengers for hire over the public streets of the city, and not over a defined or fixed route, and irrespective of whether the operations extend beyond the city limits, at rates for distance traveled, or for waiting time, or for both, or at rates per hour, per week or per month, which such vehicle is routed to destinations under the direction of the passenger; provided, however, the term "taxicab" shall not apply to motor buses operated within the city under a franchise from the city, over a fixed definite route, nor shall such term apply to motor buses regularly operated in the city along fixed routes to and from points outside the city, nor shall such term apply to motor vehicles operated under a permit or certificate of the railroad commission of the state or the Interstate Commerce Commission. Taximeter: A machine adapted to automatically calculate, at a predetermined rate or rates, and to register the charge for hire of a taxicab; and such charges shall be indicated by means of figures. Terminal. The taxi depot at which place the taxicabs shall be housed or parked, and at which place the telephone calls and requests for service shall be made, and at which place a dispatcher shall control the movements of the taxicabs to the points of request for taxicab service; this term shall likewise be synonymous with taxi terminal and shall mean and embrace that space and area of land and buildings off the streets of the city, and upon private property, and shall be and constitute the main office of the owner and taxicab operator. Waiting time: Such time as may be consumed or lost at the special instance and request of a passenger after such passenger has first entered the taxicab to make a trip and before reaching his final destination, and no charge shall be made against a passenger for any time lost on account of any other delay whatsoever. (Ord. No. 99-77, § 1, 10-5-99; Ord. No. 05-073, § 2, 9-20-05) Sec. 29-41. Permit—Required; contents of application. (a) It shall be unlawful for any person to drive or operate or cause to be driven or operated, any taxicab upon, or over any street in the city, unless and until a permit therefor has been issued by the city. (b) No permit certificate shall be issued by the city until the owner or person in charge or control of such taxicab shall make application in writing to the city for such permit, on blanks to be furnished by the chief of police, stating in such application the name of the owner, or person by whom such permit is desired, his street address, the type of motor vehicle to be used as a taxicab, the cubic inch displacement of the engine, the VIN number and license plate number thereof, the seating capacity, according to its trade rating, the owner thereof, and such other relevant information as may be deemed advisable and necessary by the city. (c) Such application shall be signed and sworn to by the applicant. (d) If the applicant for a permit is a corporation, such application shall be made by some duly authorized officer of the corporation, and shall state whether it is a foreign or domestic corporation, its address and place of business, its officers and their addresses, its correct corporate name and a "certificate of good standing" issued by the state agency which issued the corporation charter; if the applicant for a permit is a partnership or association, such application shall be made by some duly authorized officer or agent, of the partnership or association, and shall give the trade name, or partnership name or association name of the partnership or association, together with the names and addresses of the partners. (Ord. No. 99-77, § 1, 10-5-99) Sec. 29-42. Same—Notice of filing application; determination of public convenience and necessity; issuance; denial; renewal; transferability. (a) If the chief of police finds from investigation or hearing that such application shall be denied, the chief of police shall immediately give notice to the applicant of such action. (b) It shall be unlawful for the owner of any taxicab to operate the same where a permit has not been issued therefor under the provisions of this article, and a violation of this section shall be sufficient reason to revoke the permit of such owner or operator with respect to any other taxicab. After the application to operate a taxicab or taxicabs upon or over the streets of the city has been granted, in accordance with this article, it shall be the duty of the chief of police to issue a permit therefor to such applicant. (c) All permits issued hereunder shall commence January 1 of each year and expire December 31 of such year. The annual company license permit fee shall be one hundred dollars ($100.00). The annual fee for each permitted vehicle shall be $75.00; and (d) The permits issued under this article shall be deemed personal to the holder thereof and shall not be transferable or assignable. (Ord. No. 99-77, § 1, 10-5-99; Ord. No. 05-073, § 3, 9-20-05) Sec. 29-43. Reserved. Editor's note: Ord. No. 05-073, § 1, adopted September 20, 2005, amended the Code by repealing former § 29-43 in its entirety. Former § 29-43 pertained to permit fees based on gross receipts and payment dates, and derived from Ord. No. 99-77, adopted October 5, 1999. Sec. 29-44. Same --Statement of receipts; bookkeeping; failure to file statement or pay fee. The permit holder shall be required to install and adequately maintain a system of bookkeeping which is subject to the approval of the finance officer of the city, which books shall be subject to inspection of such person as the city manager may designate, to verify the accuracy of amounts that may be due the city. Any neglect, omission or refusal by the permit holder to do so shall act as a forfeiture of such permit. (Ord. No. 99-77, § 1, 10-5-99; Ord. No. 05-073, § 4, 9-20-05) Sec. 29-45. Same—Cancellation unless taxicab operated for twenty days of each month. Every permit held under the provisions of this article by the owner or operator of a taxicab may be canceled, unless taxicabs are operated thereunder in accordance with the provisions of this article on at least twenty (20) days out of each calendar month. (Ord. No. 99-77, § 1, 10-5-99) Sec. 29-46. Withdrawing and substituting taxicabs. If at any time any taxicab, which has been regularly licensed under the provisions of this article, is to be withdrawn or replaced by another and different motor vehicle, the same may be done after making written application to the chief of police and securing approval thereof. Such approval shall be based upon the chief of police having a complete record of such substitution and being satisfied that all rules and regulations of this article have been complied with; provided, upon refusal of the chief of police to approve said application, the applicant may within ten (10) days thereafter, appeal in writing to the city manager (or his designee). (Ord. No. 99-77, § 1, 10-5-99) Sec. 29-47. Insurance. Before any permit shall be granted or renewed under this article, the operator shall obtain and file with the chief of police a public liability insurance policy in the standard Texas form covering each automobile to be operated by such operator of a taxicab with minimum amounts of liability coverage thereunder as required pursuant to Texas Transportation Code, Article 601.072 (or succeeding statute). Such insurance policy shall be issued by a casualty insurance company authorized to do business in the state, with an agent within the city, and shall be for the protection of any member of the public who might be injured or whose property might be damaged by the operation of such taxicab. Such policy shall be maintained in full force and effect by the operator of taxicabs covering each taxicab licensed by a permit under this article. A copy of such insurance or a certificate evidencing such insurance shall be provided to the chief of police. (Ord. No. 99-77, § 1, 10-5-99) Sec. 29-48. Ad valorem taxes—Payment required, delinquency causes revocation of permit. It shall be the duty of every owner of a taxicab that is operated in the city to pay all ad valorem taxes assessed by the city against such vehicle and other equipment used in such business, and a failure to pay such ad valorem taxes before they become delinquent shall operate as a reason for revocation of the permit issued in accordance with this article. (Ord. No. 99-77, § 1, 10-5-99) Sec. 29-49. Same --Operation without payment unlawful. No owner or operator of taxicab shall engage in the transportation of persons by taxicab at any time within the city when the ad valorem taxes assessed against his taxi terminals, stands, taxicabs or taxicab equipment, is delinquent. (Ord. No. 99-77, § 1, 10-5-99) Sec. 29-50. Condition of vehicle; inspections. (a) Before any owner or operator of a taxicab allows any of his taxicabs to be operated upon any street within the city it shall be inspected to determine whether such vehicle is in a safe condition to be operated as a taxicab. (b) The inspection of such taxicab shall be made by the chief of police. (c) No taxi- taxicab shall be given a permit unless that tax icab has a valid motor vehicle inspection sticker. Taxi GabTaxicab permits issued to taxi-sabtaxicabs shall be valid only so long as the vehicle has affixed to it a valid motor vehicle inspection sticker. (d) Upon notifying the owner or operator of such taxicab that it is not in a safe condition, the same shall not be used as a taxicab until the defects found are corrected and such taxicab is reinspected and found that it is in a safe condition by the chief of police, who shall paste a paper seal of a type and design approved by the chief of police upon the windshield of such vehicle certifying that the taxicab was approved by such inspector. No taxicab shall be operated in the city without such a valid approval seal attached thereto. (e) At no time shall any taxicab that is found to be unsafe by the chief of police be operated over the streets of the city. (f) Nothing herein, however, shall prevent the city from inspecting any taxicab at any time and if the city, through its agents or employees, should find that it is in a defective condition, the chief of police shall order the use of such taxicab discontinued until the same is approved. (Ord. No. 99-77, § 1, 10-5-99; Ord. No. 05-073, § 5, 9-20-05) Sec. 29-51. 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 citizen of the United States, 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. 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, 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 parry 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 further 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) 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. (j) 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 had 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 drive 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. (1) 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 furnished 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) No fee shall be charged for the issuance of any chauffeur's license or a renewal thereof by the city. (Ord. No. 99-77, § 1, 10-5-99; Ord. No. 05-073, § 6, 9-20-05) Sec. 29-52. Rates and fares—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 ($2.00) 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. (Ord. No. 99-77, § 1, 10-5-99; Ord. No. 05-073, § 7, 9-20-05) Sec. 29-53. Same—Refusal of passenger to pay. It shall be unlawful for any passenger to refuse to pay the legal fare due by him for the use of any taxicab mentioned in this article, after having hired the same; and any person who hires any taxicab with the intent to defraud the person from whom it is hired and, after using the same, fails or refuses to pay any taxicab fare due by him shall be guilty of a misdemeanor. (Ord. No. 99-77, § 1, 10-5-99) Sec. 29-54. Taximeters—Required. All holders of permits for taxicabs operating upon the streets in the city shall install and equip each taxicab with a taximeter, which taximeter shall be set upon the rates hereinabove established in this article, and such taximeters shall be subject to inspection at any time by the city or its employees. (Ord. No. 99-77, § 1, 10-5-99) Sec. 29-55. Same—To be in operation while conveying passengers. No taxicab shall be operated at any time with a passenger unless the meter on the taxicab is correctly operating and showing the rates that are being charged. If at any time the taximeter stops or fails to operate or is operating incorrectly, it shall be the duty of the operator of the taxicab to immediately take such taxicab to its terminal and not operate the same until the meter has been fixed and adjusted. (Ord. No. 99-77, § 1, 10-5-99) Sec. 29-56. Terminals; required; soliciting at stations prohibited; remaining in cab at subterminals. (a) Every operator of a taxicab shall maintain within the city an off-street terminal of sufficient size to accommodate all of the owner's taxicabs. (b) `d)—The form and type of a terminal shall be of such a nature as best meets public convenience and necessity and affords a safe, sanitary and lawful operation of transportation by taxicabs. The site, location, type of proposed buildings and the sanitary conditions of the taxi stand shall be reflected in an application to the chief of police. The equipment, site and place of a terminal must be found by the hief of police or his designee to best meet public convenience and necessity prior to an authorization to a permit holder to operate such terminal. An affirmative finding in favor of applicant, reflecting adequate sufficiency of the place of any off-street terminal shall be considered as having an established prima facie case thereon, upon its appearing within the application that the operator of taxicabs is presently operating for his own exclusive use such off-street terminal now being operated in the commercial areas of the city. (Ord. No. 99-77, § 1, 10-5-99) Sec. 29-57. Signs; numbering; lettering. Every taxicab shall have printed on each side and in the rear of such taxicab the name of the owner or the assumed name under which the owner operates, together with the company's telephone number and the cab number. All of the lettering mentioned in this section shall not be less than two and one-half (2 1/2) inches in height and not less than five -sixteenths ( 5/16) of an inch in stroke and such paint shall be either enamel or oil paint that will weather the elements, and shall be kept legible at all times. (Ord. No. 99-77, § 1, 10-5-99) Sec. 29-58. Maximum load. No driver or owner of any taxicab, licensed under the provisions of this article, shall permit or allow more passengers than the vehicle is rated to carry .&w46 -person fide -in such taxicab; and in no event shall more than two (2) persons, in addition to the driver, be permitted to ride in the front seat of such taxicab, and then only if the number of passengers makes it necessary. (Ord. No. 99-77, § 1, 10-5-99) Sec. 29-59. Persons permitted to ride; picking up additional passengers. No taxicab driver shall permit any other person to occupy or ride in such taxicab except a passenger for hire or an employee of the taxicab service by whom the driver is employed. Unless the person first employing the taxicab shall consent, no additional passengers shall be picked up or permitted to ride in a taxicab on the same trip. (Ord. No. 99-77, § 1, 10-5-99) Sec. 29-60. Maximum driving hours. It shall be unlawful for the driver of any taxicab to be in charge of the same continuously for more than twelve (12) hours, and no owner of any taxicab shall permit any driver of any taxicab to be on continuous duty, as a driver, for a greater period than twelve (12) hours. (Ord. No. 99-77, § 1, 10-5-99) Sec. 29-61. Cruising. No driver shall cruise at any time, and whenever a taxicab is unoccupied the driver shall proceed at once by the most direct route to the garage where the vehicle is housed or to the nearest stand; orf dispatched by radio, it shall proceed at once by the most direct route to the place directed by the radio dispatcher. (Ord. No. 99-77, § 1, 10-5-99) Sec. 29-62. Soliciting patrons—By calling out to any person. It shall be unlawful for any person to speak or to call out in a loud manner "taxicab," "automobile for hire," "hack," "carriage," "bus," "baggage," or "hotel," or in any manner attempt to solicit passengers at any passenger depot or upon any passenger depot platform, grounds or premises of any public carrier, or upon any sidewalk or street in front of any passenger depot of any public carrier within the city. (Ord. No. 99-77, § 1, 10-5-99) Sec. 29-63. Same --By driver. It shall be unlawful for any driver or operator of any taxicab or for any other person to seek or solicit patrons or passengers for any such taxicab by word or by sign, directly or indirectly, while driving any taxicab over, through, or on, any public street or public place of the city, or while same is parked on any public street or alley of the city, or to repeatedly or persistently drive any taxicab through, over, or on, any public street or place of the City, except in response to calls by patrons for such taxicab or while actually transporting passengers therein. (Ord. No. 99-77, § 1, 10-5-99) Sec. 29-64. Property left in cabs. All drivers of taxicabs shall promptly deliver to the police department all property left in such vehicles by passengers. When articles left in taxicabs have been delivered to the office of the chief of police, he shall make an entry of the fact and shall keep all such articles until claimed by the owner, or disposed of as authorized by statute. (Ord. No. 99-77, § 1, 10-5-99) Secs. 29-65--29-69. Reserved. ARTICLE IV. TOW TRUCKS, TOWING COMPANIES AND TOW TRUCK OPERATORS* *Editor's note: Ord. No. 98-64, § 1, adopted October 6, 1998, amended the Code by repealing former Art. IV, §§ 29-70--29-91, in its entirety. Former Art. IV pertained to wreckers, and derived from Ord. No. 88-15, adopted February 9, 1988; and Ord. No. 93- 6, adopted February 2, 1993. Sec. 29-70. Definitions. As used in this article, the following terms shall have the respective meaning ascribed to them: Consent tow means any tow conducted with the permission of, or at the direction of, the towed vehicles legal or registered owner, or such owners authorized representative. Except as set forth in the definition of "nonconsent tow," a tow will be considered a consent tow where the owner is able to give consent. Nonconsent tow means any tow conducted without permission of or not at the direction of, the towed vehicle's legal or registered owner, or such owners authorized representative. Regardless of this definition, city police officers may control the scene of an accident in the manner they deem appropriate and order a nonconsent tow. Operate means to drive or cause to be driven a tow truck on a public roadway. Operator means any person operating a tow truck on a public roadway of this state. Owner means a person owning, leasing or otherwise using either directly or indirectly a tow truck on a public roadway of this state. Person means an individual, corporation, organization, business trust, estate, trust, partnership, association or other legal entity. Public roadway means a public street, alley, road, right-of-way, or other public way, including paved and unpaved portions of the right-of-way. Tow truck means a motor vehicle, including a wrecker, equipped with a mechanical device used to tow, winch or otherwise move another motor vehicle. Towing company means an individual, corporation, partnership or other association engaged in the business of towing vehicles on a highway for compensation or with the expectation of compensation for the towing or storage of the vehicles and includes the owner, operator, employee or agent of a towing company, but does not include a political subdivision of the state. Vehicle means a motor vehicle subject to registration under Chapter 501, Texas Transportation Code or any other device designed to be self-propelled or transported on a public highway. Vehicle storage facility means a garage, parking lot or any other type of facility owned by a person other than a governmental entity for storing or parking ten (10) or more vehicles a year. (Ord. No. 98-64, § 1, 10-6-98) Sec. 29-71. Operation of tow truck. (a) It shall be unlawful for any person to operate a tow truck in the city for the purpose of, participation in or execution of any nonconsent tow unless the tow truck is: (1) Licensed and permitted as a tow truck pursuant to Texas statutes; and (2) Owned by a towing company registered and permitted by the city. (b) No person, operating a tow truck who performs a nonconsent tow, may tow any motor vehicle to any location other than: (1) A vehicle storage facility located in the city which holds a current license to operate a vehicle storage facility issued by the Texas Department of Transportation; or (2) A specific location in the city designated by an officer of the city police department or by the owner or operator of the vehicle. (c) No person shall stop or park any tow truck within three hundred (300) feet of the scene or site of any vehicle accident or collision while any vehicle disabled, damaged or wrecked in such accident or collision remains at such scene or site unless; (1) It is licensed and permitted as a tow truck pursuant to state statutes and has been directed by or received the consent of a police officer at the scene to stop or park the tow truck within the three hundred -foot area; or (2) It is a tow truck which has been summoned to the scene or site of a vehicle accident by the owner of a vehicle involved in the accident and does not, in the opinion of any police officer investigating the accident, constitute a safety hazard to vehicles or persons at the scene or obstruct or interfere with the activities of the officers investigating the accident or scene. (d) No person, while on any public roadway or public property, may solicit in any manner, directly or indirectly, the business of towing, removing, repairing, storing, wrecking or buying any vehicle which is wrecked or disabled and on a public roadway. (Ord. No. 98-64, § 1, 10-6-98) Sec. 29-72. Permits for towing companies; required; procedure; fee; term. (a) Required. It shall be unlawful for any person to operate or cause to be operated any towing company in the city, without having first obtained a towing company permit from the city issued under this article to such person to operate a towing company within the city. The chief of police shall devise a rotation list of tow trucks owned and operated by the permitted towing companies who wish to be used in nonconsent tows. A tow truck company may have a tow truck placed on the rotation list by paying a ten dollar ($10.00) annual fee per tow truck. Each such tow truck must be operational and in compliance with state requirements. To place a tow truck on the nonconsent tow list the owner must agree to the regulations promulgated by the chief for such list and pay an annual inspection fee for each truck. (b) Application generally. The chief of police shall develop necessary forms to enact these provisions. Any person desiring to operate a towing company in the city shall make application with the police department for the issuance of a towing company permit. Such application shall be submitted on the forms furnished by the police department. The applicants shall furnish all required information and supporting documents noted on the application form. A towing company permit shall not be issued by the chief of police unless the applicant meets all the required provisions of this article, including but not limited to: (1) All information on the submitted application is true and accurate and all required supplemental documents or information has been furnished. (2) The towing company operates a vehicle storage facility in the city which is, at all times, licensed pursuant to the Texas Vehicle Storage Act, as it may be amended, and which is in compliance with all provisions of the Texas Vehicle Storage Facility Act and any provisions of the Texas Administrative Code relevant to operation of a vehicle storage facility. (3) The physical facility to be operated by the towing company meets the following requirements: a. The facility is in compliance with all zoning requirements of the city; b. The physical facility to be operated by the towing company is not a part of any other business which performs towing services and is not located at the same physical location as any other towing company; C. The physical location of the towing company has an office of not less than two hundred (200) square feet; d. The towing company has a telephone number that is different from any other towing company; and e. The towing company has a sign on the business premises identifying the towing company by the name as it appears on the license application, street address, telephone number, hours of business, and any vehicle storage facility license number issued for that location. Said sign shall be of a size that may be read from a distance of not less than one hundred fifty (150) feet. (c) DeniaUsuspension/revocation. An individual identified as an owner of a towing company on the application who has a felony conviction within the previous five (5) years that, in any fashion, relates to the duties and responsibilities involved in the operation of a towing company or which directly effects such person's fitness to perform as a towing company owner may have their application for permit denied or have any permit suspended or revoked by the chief of police. In determining whether an individual's criminal conviction (which includes the entry of a deferred judgement) relates to the performance of a towing company owner, the chief may consider the following factors: (1) The nature, seriousness and frequency of a crime; (2) The relation of the crime to the purpose for requiring the permit; (3) The extent to which a permit may offer an opportunity for the individual to engage in further criminal activity of the same or similar type as that in which the individual has previously 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 a towing company owner. (d) Fee. The permit fee to operate a towing company under the terms and conditions of this article shall be payable as follows: At the time of the original or renewal application for a towing company permit, the applicant shall pay a fee of one hundred dollars ($100.00) as a nonrefundable application fee. If the application is approved by the chief of police, the applicant will be issued a permit to operate a towing company in the city. (e) Term. A permit issued pursuant to this section shall be valid for one (1) year from the date issued. (f) Notwithstanding the provisions of this section to the contrary, towing companies who were sharing vehicle storage facilities and business locations on December 20, 2000, 5:00 p.m., may continue to share vehicle storage facilities and business locations. (Ord. No. 98-64, § 1, 10-6-98; Ord. No. 00-104, § 1, 12-19-00) Sec. 29-73. Nonconsent towing fees. The maximum fees which may be charged by a towing company which performs nonconsent tows pursuant to this article are as follows: (1) All size vehicles up to and including one -ton trucks: $85.00. (2) Dolly or roll -back tow, applies only if required or requested by owner or operator: $25.00 (3) A daily storage fee of not more than that allowed by state law. (4) Extraordinary situations may occur which require additional vehicles or equipment for which additional reasonable charges may be made. (5) "Drop" fee to release a vehicle which has been "hooked up" by a tow truck: $45.00. (Ord. No. 98-64, § 1, 10-6-98) Sec. 29-74. Denial, suspension or revocation of any permit or license. (a) Investigation. The police department shall investigate all complaints arising from reported violations of this article. Upon completion of the investigation, the chief of police shall determine if a violation occurred. If the chief of police determines that a significant violation of this article occurred, the chief may suspend or revoke the permit or license according to the following standards: (1) Violation of any provision of this article, the Texas Transportation Code, Texas Vehicle Storage Facility Act, as it may be amended, or section of the Texas Administrative Code regarding operation of tow trucks, towing companies or vehicle storage facilities by owners, agents or employees of a towing company shall subject the towing company to the following administrative action regarding their towing company permit: a. First offense: Suspension of towing company permit for thirty (30) days. b. Second offense: Suspension of towing company permit for sixty (60) days. C. Third offense: Revocation of towing company permit for two (2) years. (b) Penalties independent and may be in addition to other penalties. The administrative penalty set forth in this section shall be independent of and may be in addition to any other penalties assessed pursuant to any violation of any ordinance of the city or statute or administrative code of the state. The determination of whether a violation is significant shall be within the sole discretion of the chief of police. (c) Time. Time limitations for computation of penalties regarding suspension or revocation of permits or licenses for repeat offense shall be calculated based on a two-year period from the date of the first offense for which a permit is suspended or revoked. The holder of a permit that was revoked may not, for a period of two years from the date of the revocation, apply for any new permits of the type that was revoked. (d) Notice. The chief shall provide written notice of any suspension, revocation or denial setting out the basis for the decision, giving the effective date for the suspension, revocation or denial and providing the appeal procedure. A suspension, revocation or denial shall become effective seven (7) days from the date that the chief of police notifies the permit holder of the suspension, revocation or denial unless an appeal is filed as provided herein. (e) Appeal procedure. Any appeal of a decision by the chief of police regarding a towing company permit must be in writing and must be submitted to the city manager's office prior to the effective date of the suspension, revocation or denial. The written request for appeal must set forth the basis for the appeal and specifically identify any error or misapplication of information or of this article by the chief of police regarding the decision to deny, suspend or revoke the permit or license. The city manager shall submit the appeal to the city council and city council may either hear the appeal or select a hearing officer to preside at any appeal hearing and the decision of the city council or such hearing officer shall be final. The appellant may appear at any hearing and it shall be the burden of the appellant to establish that the decision by the chief of police is incorrect. The chief of police shall be entitled to present any information or evidence which would support the chief's decision. (Ord. No. 98-64, § 1, 10-6-98) Sec. 29-75. Responsibilities—Tow truck operator; towing company. (a) Tow truck operator. All tow truck operators shall: (1) Obey all lawful orders given by any police officer and not in any manner interfere with any police officer in the performance of his/her duty. (2) Not remove any wrecked, disabled or illegally parked vehicle from any public roadway without authorization from a police officer; provided, however, that the driver of a stalled or disabled vehicle not involved in an accident may authorize a tow truck operator to remove his/her vehicle when no police officer is present. (3) Prior to performing any nonconsent tow or related service or on request of the owner or operator, furnish in writing to the owner or operator of the vehicle to be towed, a list of all charges that pertain to any towing services to be performed, including but not limited to: a. The fee schedule to be charged for the towing of a vehicle within the city limits. Fees related to towing of a vehicle outside of the city limits shall be by agreement between the tow company and the owner or operator of the vehicle to be towed. b. The method of payment of the fee. C. The name of the tow company picking up the vehicle. d. The telephone number(s) at which the tow company may be contacted. e. The location to which the vehicle will be towed, if not specified by the owner, operator or agent of the owner of the vehicle. (4) Remove from the site from which any vehicle is removed all resulting wreckage or debris, including all broken glass unless otherwise directed by a police officer. "Resulting wreckage or debris" does not include the towed vehicle's load or cargo. (b) Towing company. The towing company shall: (1) Keep full and complete books or records in accordance with sound business practices related to each and every nonconsent vehicle tow pursuant to this article. (2) Permit any inspector or officer designated by the chief of police to, during normal business hours, inspect the premises, tow equipment, storage facilities, records of vehicles towed and records of fees and charges of each nonconsent tow. (Ord. No. 98-64, § 1, 10-6-98) Sec. 29-76. Penalties; fines. (a) Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Each day such violation is permitted or continued to exist shall be and is deemed to constitute a separate offense. (b) Any violation charged pursuant to this section shall be independent of and may be in addition to any administrative penalties which may be imposed regarding the suspension, revocation or denial of any permit or license granted under this article. (Ord. No. 98-64, § 1, 10-6-98) May 27, 2008 Consider approving a contract for the reconstruction of six homes damaged by Hurricane Rita utilizing federal grant funds RICH WITH OPPORTUNITY BEA,IIMON* T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager X11 Laura Clark, Chief Financial Officer May 27, 2008 Council consider authorizing the award of a contract for reconstruction of homes damaged by Hurricane Rita. RECOMMENDATION Administration recommends the award of a contract for the reconstruction of owner -occupied housing units to J.W. Turner Construction of Tomball, Texas for a total amount of $454,300. BACKGROUND The Housing Division of the Community Development Department identifies single family homes that are eligible for federal grant funding allocated to the Texas Department of Housing and Community Affairs (TDHCA) Disaster Program from the U. S. Department of Housing and Urban Development to remediate the unmet housing needs of Beaumont residents resulting from Hurricane Rita. These homes are identified through either a pre -application process or by a review of Federal Emergency Management Agency, City, and/or County information concerning the damage caused by the hurricane. The TDHCA Hurricane Rita Disaster Recovery Program requires that these housing units meet minimum property standards and local health and safety codes at project completion. The type of activity being completed determines the minimum construction standards that must be met. Bids were solicited from three (3) construction contractors for the reconstruction of owner - occupied housing units. Two (2) bidders responded. The reconstruction will be managed by George E. Johnson Development, Inc. of Houston and the City's Housing Division. J.W. Turner Construction was the low bidder on all locations. The bids received are as follows: Award of Reconstruction Contract May 27, 2008 Page 2 Location J.W. Turner R.M. Quality Construction 1955 Prairie $70,290 $73,963.64 2504 Ave. G 93,860 94,658.61 725 Campus 70,290 73,963.64 395 Fletcher 70,290 73,963.64 785 E. Lucas 79,280 84,383.79 3770 Ethel 70,290 73,963.64 TOTAL $454,300 $474,896.96 BUDGETARY U"ACT Funding will be provided by a federal grant from the U. S. Department of Housing and Urban Development allocated to the Texas Department of Housing and Community Affairs Disaster Recovery Program which requires no matching funds from the City. u - "t :t 0% o a a aa o o a s o o aath g C pp V1 N 00 m -4 .� N [- M t'- M m H RESOLUTION NO. WHEREAS, bids were solicited for a contract for the reconstruction of owner - occupied housing units damaged by Hurricane Rita; and, WHEREAS, J. W. Turner Construction of Tomball, Texas, submitted a bid in the amount of $454,300 for six (6) locations as shown below: 1955 Prairie $70,290 2504 Ave. G 93,860 725 Campus 70,290 395 Fletcher 70,290 785 E. Lucas 79,280 3770 Ethel 70,290 TOTAL $454,300 ; and, WHEREAS, City Council is of the opinion that the bid submitted by J. W. Turner Construction of Tomball, Texas, in the amount of $454,300 for six (6) locations as shown above should be accepted: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by J. W. Turner Construction of Tomball, Texas, in the amount of $454,300 for six (6) locations as shown above should be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of May, - Mayor Becky Ames - P� May 27, 2008 Consider approving a contract for the purchase of cement liner materials for use in the Water Utilities Department RICH WITH OPPORTUNITY BEA,UMON* T• E• R- A• S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager( , PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: May 27, 2008 REQUESTED ACTION: Council consider authorizing the award of a contract for the purchase of cement liner materials for manhole rehabilitation. RECOMMENDATION Administration recommends award of a six (6) month contract to Enviro Remediation Coatings of Katy, Texas for the purchase of cement liner materials for manhole rehabilitation for use by the Water Utilities Department for the unit price of $19.90 per bag. The estimated total cost over the term of the contract is $107,460. BACKGROUND The City sanitary sewer system utilizes thousands of brick and mortar manholes. Over time, mortar deteriorates and gives way, creating voids which can allow the infiltration of storm water into the sanitary sewer system. This infiltration creates the potential for sanitary sewer overflows, which are public health risks, and are subject to fines by the Texas Commission on Environmental Quality (TCEQ). The Water Utilities Department has developed a Sanitary Sewer Overflow Initiative (SSOI) with the TCEQ which removes the threat of fines for overflows during a five (S) year period, providing the Department adheres to the action plan. A component of this plan is the rehabilitation of damaged manholes by spray applying a cement liner material to the interior of the manhole, and thereby filling the voids caused by deteriorated mortar. The SSOI requires the rehabilitation of 600 liner feet of manholes per month in order to avoid an administrative order or fine. Two bids were received for providing cement liner materials as indicated below. Specifications required a high strength dry cement product that would be mixed with water and spray applied one (1) inch thick that met certain strength, adhesion, shrinkage, and corrosive requirements. Bids were evaluated, based on their compliance with bid specifications, product coverage and cost. Cement Liner Materials for Manhole Rehabilitation May 27. 2008 Page 2 Bids received are as follows: Vendor and Product Coverage when applied V thick Unit Price # of bags per month to cover 8,550 Sq. Ft. Approx. Monthly Cost Approx. Six -Month Contract Enviro Remediation 9.5 sq. ft $19.90/bag 900 $17,910 $107,460 Coatings 751bs./bag Katy, Texas EnviroSeal 10,000 Standard Cement 9.5 sq. ft $23.50/ bag 900 $21,150 $126,900 :Materials 75 lbs./bag :Houston, Texas Reliner MSP Cement BUDGETARY IMPACT This expenditure is budgeted in the Water Utilities Fund. RESOLUTION NO. WHEREAS, bids were solicited for a contract to purchase cement liner materials for use by the Water Utilities Department for manhole rehabilitation; and, WHEREAS, Enviro Remediation Coatings of Katy, Texas, submitted a bid in the estimated amount of $107,460 in the unit amounts shown below: Coverage # of bags when per month Approx. Approx. applied to cover Monthly Six -Month 1" thick Unit Price 8,550 Sq. Ft. Cost Contract 9.5 sq. ft $19.90/bag 900 $17,910 $107,460 75 lbs./bag and, WHEREAS, City Council is of the opinion that the bid submitted by Enviro Remediation Coatings of Katy, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Enviro Remediation Coatings of Katy, Texas, for a contract to purchase cement liner materials for use by the Water Utilities Department for manhole rehabilitation for an estimated amount of $107,460 in the unit amounts shown above be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of May, 2008. - Mayor Becky Ames - io May 27, 2008 Consider approving a historic preservation loan for work done to the exterior of the building at 278 Pearl Street RICH WITH OPPORTUNITY 11 icm A, [I 1�1 0 111 T• E• X - A - S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: May 27, 2008 REQUESTED ACTION: Council consider a request for a historic preservation loan for the property at 278 Pearl. RECOMMENDATION The Administration recommends approval of $39,375. BACKGROUND Willard Hall has applied for an historic preservation loan in the amount of $49,000 for work that has been done to the exterior of the building at 278 Pearl. This building is the location of Mr. Hall's law firm. The loan request is to pay for work that has been done to the west and south walls of the building and to install a fire escape. The work involves repairs to the west and south walls which includes grouting, caulking of windows and re -plastering. In addition, a fire escape will be constructed to provide emergency access to the second and third stories of the building. Construction of a courtyard fence is also included in the request. However, that would not be eligible for funding. The need for the work is a result of the City's recent demolition of the adjacent building to the south. That demolition exposed the south wall, thus necessitating the need for the work. At a Regular Meeting May 12, 2008, the Historic Landmark Commission recommended approval 8:0 of a request for a historic preservation loan for the property at 278 Pearl in the amount of $39,375. BUDGETARYIMPACT None. PhysicalAddress: 240 Soudi Main Sc Suite #2 Vidor, Tx 77662 April 4, 2008 Willard Hall Building Pearl St Beaumont, TX Restoration Mailing Address: P.O. Drawer %8 Vidor, Tx 7767000 Ph# 409-769.0469 / Cell 409-71 TOR five: 1-8 &SI -0234 Paz# 404.769-M Ema&c mwatetproofing@aoLcom SUBJECT: Work Proposal SCOPE OF WORK: West end back side of buiOng — 1. Overall grout entire brick facade using Thouroseal Grout applied by mason's brush sealing all voids in masonry. 2. Remove all abandoned conduit pipes and etc. then dispose of. 3. Caulk and paint all windows and 'doors, replace glass as needed 4. Apply two coats of Deflex 300 Elastomeric Coating by brush, roller or sprayer,. color of Owner's choice. South wall demo side — 1. Cut back two brick columns for a straight brick edge for repair. 2. Remove all existing flashing top side of building and roof asphalt. 3. Install bricks as needed to fill in voids such as abandoned doors and such. Re plaster South wall — 1. Remove.all loose plaster dispose of. 2. Fill in voids with cement plaster. 3. Apply one coat cement plaster, install plastic wire embed in wet plaster. 4. Apply one coat of premixed finish coat texture, chlor of Owner's choice, by hand trowel method to a uniform appearance. PRICE: $29,500.00 Respectfully submitted, Tim Marsh Marsh Waterproofing, Ina r :MgodQid jO wwzd "V 'OUI Tu9WA*k 4=W wuyq UFM *wzn aNw9dds 9p jlgdM W -a autwip pouo umois n n; - i,a zam wm qs B ut ouop *q WmjW ftqlp MRS -pj*--Mo#M PXM + NhMzuu 4MAJO3 TOLUX11nOmmEr is imod SLZ IPH PZDWt1A "K `Ll Pay mmlaussugoontwo m erA "arAw"K=vvvDs casc�ec-aor # / oo-4sc�oa *aa M -Go" use z ]M%Mh uo�8w�sag .. �adS 90EN WD *d LBPX 6#' LIG WWMI @ i�0°� a i fralt: 041 t71. 2MO 07: d Me PAMON a+ � WMJ be FY�1: e4/15/20M .ts?w? 04/17/ 07:50 M97 P. DMOM AV04-22-08-278Pearl &-Re4nsp's 001.jpg,2008/04/22 14:01:1 AV04-22-W278Pearl &-Re4risp's 002.jpg,2008/04/22 14:01:4 004.jpg,2008/04/22 14:03:3 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 an historic preservation loan request for $39,375 to Willard Hall from the Historic Preservation Loan Fund for work completed to the exterior of the building at 278 Pearl. The work involves repairs to the west and south walls which includes grouting, caulking of windows and re -plastering. In addition, a fire escape will be constructed to provide emergency access to the second and third stories of the building. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of May, - Mayor Becky Ames - 11 May 27, 2008 Consider amending Section 21-75 of the Code of Ordinances to reduce the number of Grade II Sergeant positions and to increase the number of Grade I Officer positions in the Police Department RICH WITH OPPORTUNITY 11 I'Em A, 11 1�1 C1 I T- E- X- A- S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Kyle Hayes, City Manager May 27, 2008 REQUESTED ACTION: Council consider amending Section 21-75 of the Code of Ordinances to reduce the number of Grade II Sergeant positions and to increase the number of Grade I Officer positions in the Police Department. RECOMMENDATION Administration recommends amending Section 21-75 of the Code of Ordinances to reduce the number of Grade II Sergeant positions to 40 and increase the number of Grade I Officer positions to 205. BACKGROUND In 2006, in settlement of the lawsuit Curtis Breaux, et al v. the City of Beaumont, the Council added four (4) Grade III Lieutenant positions while at the same time abolishing four (4) Grade II Sergeant positions in the Police Department. In 2008, in settlement of a related lawsuit, Erik Kvarme v. the City of Beaumont, et al, the Council, by Ordinance 08-008, amended Section 21-75 of the Code of Ordinances, increasing the number of Grade II Sergeant positions by one (1) to allow for the promotion of Grade I Officer Kvarme. The fiscal year 2008 budget provided for forty (40) Grade II Sergeant positions in the Beaumont Police Department. It was the intent of the Administration that as vacancies occur, the total number of Grade II supervisory positions in the Police Department return to 40. While the Council considers the number of authorized positions, the Police Chief and City Manager request that the number of Grade I Officer positions be increased by six (6) positions. Year to date, the crime statistics are up in certain categories and the additional officers on the streets will better prepare the City for the additional people living and working in the area as a result of industrial expansions. BUDGETARY IMPACT If all authorized positions are filled, the budgetary impact would be approximately $250,000. ORDINANCE NO. ENTITLEDAN ORDINANCE AMENDING SECTION 21-75 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO DECREASE THE NUMBER OF GRADE II SERGEANT POSITIONS IN THE BEAUMONT POLICE DEPARTMENT FROM 41 TO 40 AND INCREASE THE NUMBER OF GRADE I OFFICERS FROM 199 TO 205; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, by Ordinance 06-078, in settlement of the lawsuit Curtis Breaux, et al v. the City of Beaumont, the Council added four (4) Grade III Lieutenant positions while at the same time abolishing four (4) Grade II Sergeant positions in the Police Department; and WHEREAS, in settlement of a related lawsuit, Erik Kvarme v. the City of Beaumont, et al, the Council, by Ordinance 08-008, amended Section 21-75 of the Code of Ordinances, increasing the number of Grade II Sergeant positions by one (1) to allow for the promotion of Grade I Officer Kvarme. The fiscal year 2008 budget provided for forty (40) Grade II Sergeant positions in the Beaumont Police Department; and WHEREAS, it is the intent of the City of Beaumont that these settlements not increase the total number of Grade II supervisory positions in the Department. These Grade II Sergeant positions are not needed for the orderly and efficient operation of the Department; and WHEREAS, on January 31, 2008, a vacancy occurred in a Grade II Sergeant position; and WHEREAS, abolishing this Grade I I position would return the number of authorized Grade 11 Sergeant positions to forty (40); and WHEREAS, increasing the number of Grade I Officer positions is more beneficial to the efficient operation of the Department; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 21, Section 21-75, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 21-75. Grades and Classifications - Police Department. The following grades and classifications are hereby established within the Police Department: Grade Classification Positions I Officers 205 I I Sergeants 40 III Lieutenants 16 IV Captains 3 Assistant Chief 1 Total 265 Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. 2008. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27"' day of May, - Mayor Becky Ames -