HomeMy WebLinkAboutPACKET SEP 25 2007 (02)City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 25, 2007 1:30 P.M.
CONSENT AGENDA
Approval of minutes
* Confirmation of committee appointments
Tony Gibson would be reappointed to the Community Development Advisory Committee. The
current term would expire May 23, 2009. (Councilmember W. L. Pate, Jr.)
Jon Reaud would be appointed to the Community Development Advisory Committee. The term
would commence September 25, 2007 and expire September 24, 2009. (Councilmember W. L.
Pate, Jr.)
Marvin Brailsford would be appointed to the Community Development Advisory Committee.
The term would commence September 25, 2007 and expire September 24, 2009. (Mayor Pro
Tem Audwin M. Samuel)
Marvin Brailsford would be reappointed to the Small Business Advisory Board. The current term
would expire November 25, 2008. (Mayor Pro Tem Audwin M. Samuel)
A) Approve a resolution to write-off uncollectible water accounts
B) Authorize the acquisition of five (5) properties in the Van Wormer Addition for the
Downtown Event Center and Lake Park
C) Authorize the acceptance of two (2) twenty foot wide drainage easements to serve the
proposed Vision Village Subdivision
D) Authorize the acceptance of two (2) ten (10) foot wide exclusive Water Line Easements
out of the J. W. Bullock Survey located at Interstate 10 and Cardinal Drive
E) Authorize the City Manager to execute a wastewater service agreement with West
Jefferson Municipal Utility District
F) Approve change orders for the Martin Luther King, Jr. Park Project
11 a ft City of Beaumont
AK1 Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer(e)
MEETING DATE: September 25, 2007 lL'�
AGENDA MEMO DATE: September 14, 2007
REQUESTED ACTION: Council consider approving a resolution to write-off uncollectible
water accounts totaling $33,087.85 for which each individual account
exceeds $1,000.
RECOMMENDATION
The administration requests approval of a resolution to write-off uncollectible water accounts
totaling $33,087.85 for which each individual account exceeds $1,000.
BACKGROUND
This request is in accordance with the write-off policy approved by City Council on December 21,
1999. The policy gives Council the final authority to write-off any individual account receivable
identified as uncollectible when the balance due exceeds $1,000. All accounts have been terminated
for at least one year and collection efforts have been unsuccessful. The termination dates for these
accounts range from 4/1994 to 8/2006. A detailed report is attached.
Auditors have requested that uncollectible balances be cleared from subsidiary ledgers. If at any time
an account becomes collectible after having been written -off, the receivables of the City shall be
adjusted accordingly. The balance of the account shall be reinstated and payments shall be applied
to that balance. In addition, the customer shall not be able to obtain new water service with the City
until the delinquent balance has been paid.
BUDGETARYIMPACT
None.
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6E
AUMONT". .s
TO:
FROM:
PREPARED BY:
MEETING DATE:
AGENDA MEMO DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Tom Warner, Public Works Director
September 25, 2007
September 19, 2007
REQUESTED ACTION: Council consider a resolution authorizing the acquisition of
five (5) properties in the Van Wormer Addition for the
Downtown Event Center and Lake Park
RECOMMENDATION
The property owners listed below have agreed to accept the appraised value for their properties and
convey said properties to the City for the Downtown Event Center and Lake Park Project. All
properties were appraised by Bishop Real Estate Appraisers, Inc.
1. Part of Lot 1, Block 23, Van Wormer Addition (314 Holmes Street)
Appraised Value: $3,000.00
Owner: Estate of Elias de la Rosa, c/o Irma Harwell
2. Lot 12, Block 24, Van Wormer Addition (900 Crockett and Archie)
Appraised Value: $11,000.00
Owner: Hugh E. O'Fiel
3. Lot 6, Block 24, Van Wormer Addition (335 Holmes)
Appraised Value: $16,000.00
Owner: Warren L. Riley
4. North Part of Lot 1, Block 23, Van Wormer Addition (302 Holmes)
Appraised Value: $3,500.00
Owner: Easter Anderson, Trustee
5. Part of Block: 29, Van Wormer Addition (798 Bonham)
Appraised Value: $2,000.00
Owner: Ronald F. Zummo
Administration recommends authorization to acquire the properties above.
BACKGROUND
These properties are needed for the Downtown Event Center and Lake Park Project.
BUDGETARY EWPACT
Funds are available in the Capital Program.
mpeptemb"07-ib.wpd
19 September 2007
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the acquisition of five (5)
properties in the Van WormerAddition as shown below and on Exhibit "A" attached hereto
for the Downtown Lake Park:
1. Part of Lot 1, Block 23, Van Wormer Addition (314 Holmes Street)
Appraised Value: $3,000.00
Owner: Estate of Elias de la Rosa, c/o Irma Harwell
2. Lot 12, Block 24, Van Wormer Addition (900 Crockett and Archie)
Appraised Value: $11,000.00
Owner: Hugh E. O'Fiel
3. Lot 6, Block 24, Van Wormer Addition (335 Holmes)
Appraised Value: $16,000.00
Owner: Warren L. Riley
4. North Part of Lot 1, Block 23, Van Wormer Addition (302
Holmes)
Appraised Value: $3,500.00
Owner: Easter Anderson, Trustee
5. Part of Block 29, Van Wormer Addition (798 Bonham)
Appraised Value: $2,000.00
Owner: Ronald F. Zummo
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the purchase of the five (5) properties in the Van Wormer Addition as shown above
and on Exhibit "A" attached hereto forthe Downtown Lake Park be and the same is hereby,
approved:
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2007.
- Mayor Becky Ames -
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140 g EXHIBIT "All
City Council Agenda Item..„
m. ' c
TO:
City Council
FROM: Kyle Hayes, City Manager
' f•VO .
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: September 25, 2007
AGENDA MEMO DATE: September 14, 2007
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of
two (2) twenty foot wide drainage easements to serve the
proposed Vision Village Subdivision.
RECOMMENDATION
Administration recommends acceptance of the above named easements.
BACKGROUND
Phelan Investments has agreed to convey two (2) twenty foot (20') wide Drainage Easements to the
City of Beaumont. The proposed Drainage Easements would serve the 42.227 acre subdivision to
be known as the Vision Village Subdivision. The easements are located on adjacent properties to
the subdivision and would allow the site to drain to facilities maintained by Jefferson County
Drainage District No. 6.
1. 20'x 55' easement (0.0248 acre) out of C. Williams Survey
Parallel to Major Drive
Owners: Phelan Investments
2. 20'x 110' easement (0.0497 acre) out of Lots 28 and 29, Block 4
Willow Creek One, Section 3 off Bonney Briar Place
Owners: Phelan Investments
BUDGETARY IMPACT
None.
engvi si on_village-ib.wpd
14 September 2007
RESOLUTION NO.
WHEREAS, Phelan Investments has offered to convey to the City of Beaumont two
(2) twenty foot (20')
wide Drainage Easements as shown below and described in Exhibit "A" and shown on
Exhibit "B" attached hereto, to serve the 42.227 acre subdivision to be known as the Vision
Village Subdivision:
, and;
1. 20'x 55' easement (0.0248 acre) out of C. Williams Survey
Parallel to Major Drive
Owners: Phelan Investments
2. 20' x 110' easement (0.0497 acre) out of Lots 28 and 29, Block 4
Willow Creek One, Section 3 off Bonney Briar Place
Owners: Phelan Investments
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyances is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the easements conveyed by Phelan Investments as referenced above and
described in Exhibit 'A" and shown on Exhibit "B" be and the same are hereby, in all
things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2007.
- Mayor Becky Ames -
t � f
MPW Fittz & Shipman
INC
Consulting Engineers and Land Surveyors
EXHIBIT "A", PAGE 1 OF 3
FIELD NOTE DESCRIPTION
IT1]1_
0.0248 ACRE TRACT
FOR A 20' DRAINAGE EASEMENT
OUT OF THE
CHARLES WILLIAMS SURVEY, ABSTRACT 59
JEFFERSON COUNTY, TEXAS
DECEMBER 22, 2006
That certain 0.0248 acre tract out of the Charles Williams Survey, Abstract 59, Jefferson
County, Texas, for a 20' drainage easement across a portion of a called 157.852 acre tract
conveyed to J. H. Phelan as recorded in Volume 396, Page 321 of the Deed Records of
Jefferson County, Texas, said 0.0248 acres being more particularly described by metes and
bounds as follows:
NOTE-: The Basis of Bearing is the north line of a called 42.227 acre tract (upon resurvey
found to contain 41.64 acres) conveyed to Emmanuel Baptist Church of Jesus Christ, Inc. as
recorded in Film Code 105-02-2252 of the Real Property Records of Jefferson County, Texas
having been called North 87026'15" East 1558.09 feet.
COMMENCING at a %" iron rod found in the south line of the said 41.64 acre tract for the
northeast corner of Willow Creek One, Section 3, a plat recorded in Volume 14, Page 195 of the
Map Records of Jefferson County, Texas from which a %" iron rod found for the southeast
corner of the said 41.64 acre tract bears North 87°06'11" East 162.71 feet (called North
87006'25" East);
THENCE South 87006'11" West along the said south line of the 41.64 acre tract a distance of
1685.83 feet (called South 87°06'25" West) to a point for the northeast corner of the said 0.0248
acre tract and the POINT OF BEGINNING;
THENCE South 02040'48" East along the east line of the said 0.0248 acre tract a distance of
61.72 feet to a point in the northeasterly line of a 80' drainage easement as recorded in Volume
1584, Page. 250 of the Deed Records of Jefferson County, Texas for the southeast corner of
the said 0.0248 acre tract;
THENCE North 55020'15" West along the said northeasterly line of the 80' drainage easement
and the south line of the said 0.0248 acre tract a distance of 25.16 feet to a point for the
southwest corner of the said 0.0248 acre tract;
THENCE North 02040'48" West along the west line of the said 0.0248 acre tract a distance of
46.38 feet to a point in the said south line of the 41.64 acre tract for the northwest corner of the
said 0.0248 acre tract from which a '/" capped iron rod set for the southwest corner of the said
41.64 acre tract in the east right-of-way line of Major Drive (aka F.M. 364) bears South
87006'11" West 13.65 feet (called South 87006'25" West);
Fittz & Shipman, Inc.
Page 1 of 2
Project No. 05715Esmtl
Plat & Description
1405 Cornerstone Court,* Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303
EXHIBIT "A"
PAGE 1 of 3
EXHIBIT "A", PAGE 2 OF 3
THENCE North 87006'11" East along the said south line of the 41.64 acre tract and the north
line of the said 0.0248 acre tract a distance of 20.00 feet (called North 87006'25" East) to the
POINT OF BEGINNING and containing 0.0248 acres of land, more or less.
This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during
November 2006.
Nk*Walter J. Ksiaz "%'tt o�: •4
Registered Professi al Land Sury r No. 5321 * �:•Q���t*E�F���'#
WALTER J. KSIAZEK
x•09 5321 � �.
�SURVE
Fittz & Shipman, Inc
Page 2 of 2
Project No. 05715Esmtl
Plat & Description
EXHIBIT "A"
PAGE 2 of 3
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FIELD NOTE DESCRIPTION
FORA
0.0497 ACRE TRACT
FOR A 20' DRAINAGE EASEMENT
ACROSS LOTS 28 AND 29, BLOCK 4
OF
WILLOW CREEK ONE, SECTION 3
JEFFERSON COUNTY, TEXAS
DECEMBER 21, 2006
That certain 0.0497 acre tract, for a 20' drainage easement across Lots 28 and 29, Block 4 of
Willow Creek One, Section 3, a plat recorded in Volume 14, Page 195 of the Map Records of
Jefferson County, Texas, said 0.0497 acres being more particularly described by metes and
bounds as follows:
NOTE-: The Basis of Bearing is the north line of a called 42.227 acre tract (upon resurvey
found to contain 41.64 acres) conveyed to Emmanuel Baptist Church of Jesus Christ, Inc. as
recorded in Film Code 105-02-2252 of the Real Property Records of Jefferson County, Texas
having been called North 87026'15" East 1558.09 feet.
COMMENCING at a %2" iron rod found in the south line of the said 41.64 acre tract for the
northeast corner of said Lot 29 from which a %2' iron rod found for the southeast comer of the
said 41.64 acre tract bears North 87°06'11" East 162.71 feet (called North 87006'25" East);
THENCE South 87°06'11" West along the said south line of the 41.64 acre tract and the north
line of said Lot 29 a distance of 147.25 feet (called South 87006'25" West) to a point for the
northeast corner of the said 0.0497 acre tract and the POINT OF BEGINNING;
THENCE South 03004'34" East along the east line of the said 0.0497 acre tract a distance of
106.16 feet to a point in the north right-of-way line of Bonney Briar Place and the south line of
said Lot 29 for the southeast comer of the said 0.0497 acre tract;
THENCE along the said north right-of-way line of Bonney Briar Place and a portion of the south
line of said Lots 29 and 28 with a curve to the left having a chord bearing of South 69059'00"
West, a chord distance of 20.91 feet and a radius of 40.00 feet, a distance along the curve of
21.15 feet to a point in the said south line of Lot 28 for the southwest corner of the said 0.0497
acre tract;
THENCE North 03004'34" West along the west line of the said 0.0497 acre tract a distance of
112.32 feet to a point in the north line of said Lot 28 and the south line of the said 41.64 acre
tract for the northwest corner of the said 0.0497 acre tract from which a found 1 %" iron pipe
bears South 87°06'11" West 702.83 feet (called South 87°06'25" West);
Fittz & Shipman, Inc.
Page 1 of 2
Project No. 05715Esmt2
Plat & Description
1405 Cornerstone Courts Beaumont, Texas 77706 . (409) 832-7238 • fax (409) 832-7303
EXHIBIT "B"
PAGE 1 of 3
THENCE North 87°06'11" East along the south line of the said 41.64 acre tract and a portion of
the north line of said Lot 28, at 10.00 feet pass the northeast corner of said Lot 28 and the
northwest comer of said Lot 29, and continuing along a portion of the north line of said Lot 29 a
total distance of 20.00 feet (called North 87006'25" East) to the POINT OF BEGINNING and
containing 0.0497 acres of land, more or less.
This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. during
November 2006.
Walter J. Ksiazek
Registered Profession Land Sury or No. 5321
Fittz & Shipman, Inc.
Page 2 of 2
Project No. 05715Esmt2
Plat & Description
> = SOF
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EXHIBIT "B"
PAGE 2 of 3
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D
179f City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
?kJ.
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: September 25, 2007
AGENDA MEMO DATE: September 17, 2007
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of
two (2) ten (10) foot wide exclusive Water Line Easements
out of the J. W. Bullock Survey located at Interstate 10 and
Cardinal Drive.
RECOMMENDATION
Administration recommends acceptance of the above named easements.
BACKGROUND
Value Place Beaumont, L.L.C. has agreed to convey two (2) ten (10) foot wide exclusive Water Line
Easements to the City of Beaumont. The easements will provide service for the Value Place Hotel
located at 2375 IH 10 South.
1. 10 foot exclusive Water Line Easement
0.159 acre out of Lots 3A and 6A, J. W. Bullock Survey
[Interstate 10 and Cardinal Drive Interchange]
2. 10 foot exclusive Water Line Easement
0.005 acre out of Lot 3A, J. W. Bullock Survey
[Interstate 10 and Cardinal Drive Interchange]
BUDGETARY IMPACT
None.
engval ue_place-ib.wpd
17 September 2007
RESOLUTION NO.
WHEREAS, Value Place Beaumont, L.L.C., has offered to convey two (2) ten foot
(10') wide water line easements as shown below and described in Exhibit "A" and shown
on Exhibit "B" attached hereto, to serve Value Place Hotel located at 2375 IH -10 South:
, and;
1. 10 foot exclusive Water Line Easement
0.159 acre out of Lots 3A and 6A, J. W. Bullock Survey
[Interstate 10 and Cardinal Drive Interchange]
2. 10 foot exclusive Water Line Easement
0.005 acre out of Lot 3A, J. W. Bullock Survey
[Interstate 10 and Cardinal Drive Interchange]
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyances is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the easements conveyed by Value Place Beaumont, L.L.C., as shown above and
described in Exhibit "A" and shown on Exhibit "B" be and the same are hereby, in all things,
accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2007.
- Mayor Becky Ames -
W�RT E C H
LAND SURVEYORS, INC.
August 15, 2007
"Recognizing the landmarks of the past..... setting our foresight towards the future"
EXHIBIT "A"
Page 1 of 4
Richard L. Worthen. RPLS
J.L. Sims, Jr., RPLS
Michael S. Kethan, RPLS
Surveyor's Field Note Description: 0.159 Acre Exclusive City Watermain Easement and a
0.005 Acre Exclusive City Watermain Easement
BEING a 0.159 acre (6932 square feet) tract of land (Exclusive City Watermain Easement No.
1) and a 0.005 acre (Exclusive City Watermain Easement No. 2), being out of and a part of Lot
3A and Lot 6A as conveyed to Value Place Beaumont LLC by a Special Warranty Deed dated
July April 26, 2007 and filed for record under Clerk's File No. 2007016367 of the Official Public
Records of Jefferson County, said Lots 3A and 6A being more fully described and shown in
Amended Plat of Lots 3, 4, 5, and 6, Block 2 of Executive Business Plaza dated July October
20, 2006 and filed for record under Clerk's File No. 2006041569 of said Official Public Records
of Jefferson County and being situated in the J.W. Bullock Survey, Abstract No. 7, Jefferson
County, Texas and being more particularly described as follows:
Exclusive City Watermain Easement No. 1 — 0.159 Acre Tract
COMMENCING at a 1/2" iron rod with cap found in the east right-of-way of Interstate Highway
10 and Cardinal Drive Interchange for the southwest corner of said Lot 3A and the northwest
corner of called Lot 4A as conveyed to Mickey Phelan B Land L.P. and Eleven Phelan B L.L.C.
by a Special Warranty Deed dated December 31, 2000 and filed for record under Clerk's File
No. 2001000212 of said Official Public Records of Jefferson County, same being shown as
Account No. 019650-000-000500-00000-0 of the Jefferson County Appraisal District;
THENCE, South 89 deg. 34 min. 50 sec. East, a distance of 20.04 feet along the south line of
said Lot 3A and the north line of said Lot 4A, to a point beginning a curve to the right, from
which a 1/2" iron rod found for the southeast corner of said Lot 6A bears South 89 deg. 34 min.
50 sec. East a distance of 518.78 feet;
THENCE, in a northeasterly direction along the arc of said curve to the right, having a radius of
1720.32 feet, a central angle of 00 deg. 29 min. 26 sec., an arc length of 14.73 feet, and a chord
bearing North 04 deg. 28 min. 45 sec. East 14.73 feet, to a point for the southwest corner and
PLACE OF BEGINNING of the herein described tract,
THENCE, continuing along the arc of said curve to the right, having a radius of 1720.32 feet, a
central angle of 00 deg. 20 min. 03 sec., an arc length of 10.03 feet, and a chord bearing North
04 deg. 53 min. 30 sec. East 10.03 feet, to a point for the most westerly northwest corner of the
herein described tract;
THENCE South 89 deg. 34 min .50 sec. East a distance of 408.74 feet to a point for corner;
THENCE North 00 deg. 25 min. 10 sec. East a distance of 7.00 feet to a point for corner;
7999 Gladys Avenue, Suite 102
Beaumont, Texas 77706-3109
Tel: 409.866.9769 Fax: 409.866.7075
N:\Survey_data\PROJECTS\Projects2007\2EXHIBIT "Q„ www.wortech.com
W�RT E C H
LAND SURVEYORS, INC.
EXHIBIT "A"
Page 2 of 4
THENCE South 89 deg. 34min. 50 sec. East a distance of 10.00 feet to a point for corner;
THENCE South 00 deg. 25 min. 10 sec. West a distance of 7.00 feet to a point for corner;
THENCE South 89 deg. 34 min. 50 sec. East a distance of 22.16 feet to a point for corner;
THENCE North 00 deg. 25 min. 10 sec. East a distance of 161.83 feet to a point for the most
northerly northwest corner of the herein described tract;
THENCE South 89 deg. 34 min. 50 sec. East a distance of 10.00 feet to a point for the most
easterly northeast corner of the herein described tract;
THENCE South 00 deg. 25 min. 10 sec. West a distance of 161.83 feet to a point for comer;
THENCE South 89 deg. 34 min. 50 sec. East a distance of 66.06 feet to a point for the most
easterly northeast corner of the herein described tract, same being located in the east line of
said Lot 6A and said Value Place Beaumont LLP tract, and the west right-of-way of Executive
Boulevard (60 feet wide public right-of-way);
THENCE South 00 deg. 25 min. 29 sec. West a distance of 10.00 feet, along and with the east
line of said Lot 6A and said Value Place Beaumont LLP tract, same being the west right-of-way
of said Executive Boulevard, to a point for the southeast corner of the herein described tract;
THENCE North 89 deg. 34 min. 50 sec. West a distance of 287.54 feet to a point for corner;
THENCE South 00 deg. 25 min. 10 sec. West a distance of 2.00 feet to a point for corner;
THENCE North 89 deg. 34 min. 50 sec. West a distance of 34.94 feet to a point for corner;
THENCE North 00 deg. 25min. 10 sec. East a distance of 2.00 feet to a point for corner;
THENCE North 89 deg. 34 min. 50 sec. West a distance of 195.26 feet to the PLACE OF
BEGINNING, containing 0.159 acre of land (6932 square feet), more or less.
Exclusive Citv Watermain Easement No. 2 — 0.005 Acre Tract
COMMENCING at a 1" iron pipe found in the east right-of-way of Interstate Highway 10 and
Cardinal Drive Interchange for the northwest corner of said Lot 3A and the southwest corner of
called 6.00317 acre tract as conveyed to Beaumont Hotel Partnership, LTD. by a General
Warranty Deed dated September 27, 1983 and filed for record under Film Code No. 100-33-
0640 of said Official Public Records of Jefferson County;
N:\Survey_data\PROJECTS\Projects2007\2007-105\2007-105 LEGAL.doc
W��,,RTECH
LAND SURVEYORS, INC.
EXHIBIT "A"
Page 3 of 4
THENCE, South 89 deg. 34 min. 50 sec. East, a distance of 20.33 feet along the north line of
said Lot 3A, same being the south line of said 6.00317 acre tract, to a point for corner beginning
a curve to the left, from which a 5/8" iron rod found for the northeast corner of said Lot 6A bears
South 89 deg. 34 min. 50 sec. East a distance of 494.82 feet;
THENCE, in a southwesterly direction along the arc of said curve to the left, having a radius of
1720.32 feet, a central angle of 00 deg. 17 min. 57 sec., an arc length of 8.98 feet, and a chord
bearing South 10 deg. 34 min. 58 sec. West 8.98 feet, to a point for the northwest corner and
PLACE OF BEGINNING of the herein described tract;
THENCE South 79 deg. 53 min. 20 sec. East a distance of 21.54 feet to a point for the
northeast corner of the herein described tract;
THENCE South 10 deg. 06 min. 40 sec. West a distance of 10.00 feet to a point for the
southeast corner of the herein described tract;
THENCE North 79 deg. 53 min. 20 sec. West a distance of 21.57 feet to a point for the
southwest corner of the herein described tract and beginning a curve to the right;
THENCE, in a northeasterly direction along the arc of said curve to the right, having a radius of
1720.32 feet, a central angle of 00 deg. 19 min. 59 sec., an arc length of 10.00 feet, and a chord
bearing North 10 deg. 16 min. 00 sec. East 10.00 feet, to the PLACE OF BEGINNING,
containing 0.005 acre of land (216 square feet), more or less.
(This description is based upon a survey made on the ground under my direct supervision on
August 8, 2007 and is being submitted along with a survey plat showing the property and facts
found as described herein. All bearings are based upon the South line of said Value Place
BeImont
LLC tract, as being called North 89 deg. 34 min. 50 sec. West.)
4rm, OF
Michael Kethan
K-4t�
Registered Professional Land Surveyor'�F9�'
CHAEL KJ
a 5709
9
,e. s s N'
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N:\Survey_data\PROJECTS\Projects2007\2007-105\2007-105 LEGAL.doc
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EXEduTIVE BOULEVARD PAGE 4 OF 4
(60' PUBLIC R.O..)
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FND S00'25'29"W 193.52' L ROD
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C.F. NO. 2006041569
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O.P.R.J.C.
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2375 IH10 SOUTH
BEAUMONT, TEXAS 77705
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ABBREVIATIONS
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O.P.R.J.C.
OFFICIAL PUBLIC RECORDS
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O.P.R.J.C.
OFFICIAL PUBLIC RECORDS
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W� W
OF JEFFERSON COUNTY
C.F.
CLERK'S FILE
No.
NUMBER
POC
PLACE OF COMMENCING
POO
PLACE OF BEGINNING
BEARINGS SHOWN HEREON ARE BASED
AND/OR ROTATED TO THE SOUTH LINE OF
THE VALUE PLACE BEAUMONT LLC TRACT
CALLED N89'34'50'W IN CLERK'S FILE NO.
2006041569 OF THE OFFICIAL PUBLIC
RECORDS OF JEFFERSON COUNTY.
THIS SURVEY WAS PREPARED WITHOUT THE
BENEFIT OF A CURRENT COMMITMENT FOR
TITLE INSURANCE OR ABSTRACTOR'S
CERTIFICATE AND THEREFORE EASEMENTS
OR ENCUMBRANCES MAY EXIST WHICH ARE
- - -
216 SQ. FT. ij---'�
NOT SHOWN HEREON.
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CURVE DELTA ANGLE
RADIUS
CHORD BEARING
CHORD LENGTH
ARC LENGTH
C1 00'29'26
1720.32'
NO4'28'45 E
14.73'
14.73'
C2 00'20'03
1720.32
N04 53'30 E
10.03'
10.03'
C3 00'17'57
1720.32
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8.98'
C4 00'19'59"
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FND C5 06'25 20'
7740.32
N 07-24'05' E
194.97
795.07'
CALL C5
1740.32'
195.07'
JOB NO: 2007-105 SURVEYOR'S CERTIFICATION
FIELD BOOK: 650/10OF
DR.BY: MWG ,`��� ST�«F.f,' THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS
DATE: 8/15/07 �f O q tib SURVEY PLAT ACCURATELY REPRESENTS AN ON THE
F GROUND SURVEY MADE UNDER MY DIRECT SUPERVISION ON
SCALE: 1"=60' j\ D AUGUST 8, 2007, AND IS BEING SUBMITTED ALONG WITH
THE SURVEYOR'S FIELD NOTE DESCRIPTION OF THE
E�
THAN PROPERTY SHOW
N
HEREON, WHICH LIES IN JEFFERSONMICHAEL KGOW RTECH 9 0
INC.LAND SURVEYORS,
7999 Gladys
-e 102
Beaumot,exas 77063109
Tel: 409.866.9769
Fax: 409.866.7075 SURVEY -UR
www.wortech.com Exhibit "B" mmmmmmmmmmw
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TO:
FROM:
PREPARED BY:
MEETING DATE:
AGENDA MEMO DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Dr. Hani J. Tohme, Water Utilities Director 0
September 25, 2007
September 18, 2007
REQUESTED ACTION: Council approval of a resolution authorizing the City Manager
to execute a wastewater service agreement with West
Jefferson Municipal Utility District.
RECOMMENDATION
Administration recommends approval of executing a wastewater service agreement with West
Jefferson Municipal Utility District to serve an RV park outside City limits at the corner of Hwy. 124
and Frint Drive.
BACKGROUND
The Texas Commission on Environmental Quality; Chapter 290, Sub -Chapter D, Rules and
Regulations for Public Water Systems, require municipalities to execute service agreements with
wholesalers as well as non -transient, non communities, which are not a community water system but
regularly serve at least twenty-five (25) of the same persons at least six months out of the year. Once
service agreements are executed with such entities, they will be required by State law to monitor and
report the water quality inside of their property on a monthly basis. This procedure will prevent any
possible contamination of the City of Beaumont water system and protect public health.
The Water Utilities Department provides water and/or sanitary sewer service to sixteen (16) industrial
customers and 4,800 commercial customers.
The wastewater service agreement with West Jefferson Municipal Utility District will provide sanitary
sewer service to an RV park located outside Beaumont's City limits. Phase I of the project will
provide service to twenty-six (26) spots and Phase II will accommodate fifty (50) additional spots.
The estimated total daily flow of 15,000 gallons will have minimal impact on the forty-seven (47)
million gallons a day treatment capacity of the Wastewater Treatment Plant.
The agreement is recommended for approval by the City Manager and the Water Utilities Director.
BUDGETARY IMPACT
Sewer line extensions and required lift station construction is funded by the owner of the RV park.
The City of Beaumont will not participate with any of the construction cost, and will not be
responsible for the maintenance of the new infrastructure.
SAMPLE
WASTEWATER SERVICE AGREEMENT
IN
riBEAUMONT,TEXAS
STATE OF TEXAS
COUNTY OF JEFFERSON
CITY OF BEAUMONT
City of Beaumont
SERVICE AGREEMENT CONTRACT
CONTRACT BETWEEN
City of Beaumont ■ West Jefferson County MUD
WHEREAS, West Jefferson County MUD, doing business in the State of Texas (herein "Owner"),
and the City of Beaumont, a municipal corporation of the State of Texas (herein "City") entered into a
Contract on , 2007, for the City to provide provisions of sanitary sewer services to Owner.
WHEREAS, the City and Owner desire to adopt a Service Agreement Contract for the provision
of sanitary sewer services to Owner and agree as follows:
WITNESSETH
Owner agrees to maintain, free of charge to the City, the sewer lines within its property.
II
The City shall have the right to enter on the Owner's property or premises with 24 hour prior
notice, unless under an emergency situation, for any purposes reasonably incidental to or necessitated by the
terms and provisions of this Contract. The City will abide by all Owner's site safety rules and other site
City of Beaumont 1350 Langham Road
Water Utilities Department Page I of 5 Beaumont, Texas 77707
access rules while on Owner's property.
III
Owner agrees to maintain its sewer collection line, and a meter to pump its wastewater for
monitoring the quantity of sewage delivered to the City's collection system. Owner further agrees to test the
accuracy and calibrate the meter upon installation and annually thereafter, in a manner approved by the City,
with the results submitted to the City. Owner shall bear all costs associated with the maintenance of the
sewer collection lines on the Owner's property, and the meter. In the event of a malfunction of the meter,
Owner agrees to pay for a volume of sewage that is equivalent to previous billing actually provided to Owner
for the billing period. In the event that the City questions the accuracy of the meter, the City shall have the
right, at its own expense, to test the accuracy of the meter. If the meter is inaccurate by at least 5 percent,
Owner agrees to repair and re -calibrate the meter at their expense.
IV
Owner agrees to abide by the City's code of ordinance, specifically the sewer use ordinance
Prohibition of specific types of waste. Owner must notify City prior to industry or large commercial
facilities discharging process wastewater to the sewer. The need for a discharge permit and inter -
jurisdictional agreement will be evaluated prior to discharge.
►1
Unless approved and authorized by the City, no waste other than domestic or sanitary sewage
waste shall be delivered to the City's system, and shall meet limits and prohibitions as set forth in the
City sewer use ordinance (Ordinance No. 03-018).
VI
City of Beaumont 1350 Langham Road
Water Utilities Department Page 2 of 5 Beaumont, Texas 77707
In the event of an overflow, by pass, or other noncompliance from Owner's sanitary sewage
collection system to the States water ways, Owner agrees to promptly report the noncompliance as
required by State and Federal authorities. Owner also agrees to promptly use its reasonable best efforts
to mitigate any environmental hazard created by the noncompliance and to correct the problem that led
tot he noncompliance. Owner also agrees to submit a copy of the notification and report of the mitigation
to the City.
VIl
Owner agrees to pay to the City all charges for sewer service within Thirty (30) days from date
of statement from the City. In the event of failure of Owner to so pay said charges, City shall have the right,
upon thirty (30) days written notice to Owner, to refuse to provide sanitary sewer service to Owner.
VIII
Owner will pay the same rate for water and sewer services as established from time -to -time by the
City Council for outside the City of Beaumont. In the event said rates are altered or amended by City
Ordinance, Owner agrees to pay said amended rates.
IX
Owner agrees to:
Adopt a resolution or take some other official action agreeing to the terms and conditions of this
Contract,
2. Adopt a resolution or take some other official action ratifying, affirming and accepting the
benefits and agreeing to the terms, conditions and requirements of this Contract; and
3. Enter into such other or additional contracts or agreements as may be reasonably required to carry
out the purpose and intent of this Contract.
0
This Contract shall be for a period of 12 months from and after the date of execution.
City of Beaumont 1350 Langham Road
Water Utilities Department Page 3 of 5 Beaumont, Texas 77707
XI
Owner may, from time to time, convey or assign this Contract with respect to all or any part of
the land contained within Owner's property boundaries, and the assignee or assignees shall be bound by this
Contract. Upon prior approval by the City Council, of the assignee or assignees, and only upon the condition
that the assignee or assignees assume the liabilities, responsibilities and obligations under this Contract with
respect to the land involved in the assignment or assignments, or as may be otherwise approved by the City
Council.
In connection with this Contract, official addresses for notification shall be:
A. Hani J. Tohme, Director
City of Beaumont
Water Utilities Department
1350 Langham Road
Beaumont, Texas 77707
B. Dennis Greene
West Jefferson County MUD
7824 Glenbrook Dr.
Beaumont, TX 77705
Any changes in said addresses may be made by notifying the other parties by certified mail of the
new or changed contact person and/or address.
XII
This Service Agreement represents the entire and integrated Contract between the City of
Beaumont and Customer and supersedes all prior negotiation, representatives, or agreements, either oral or
written. This Contract may be amended only by written instrument signed by both the City of Beaumont's
City Manger and Customer.
IN WITNESS WHEREOF, the City of Beaumont Water Utilities Department has lawfully caused
these presents to be executed by the hand of the City Manager of said City, and the municipal corporate seal
City of Beaumont 1350 Langham Road
Water Utilities Department Page 4 of 5 Beau vont, Texas 77707
of said City to be hereunto affixed, and the said Customer, Customer, acting by hand of the President and/or
Manager whereunto Authorized Representative, does now sign, execute and deliver this document.
Executed in duplicate originals at Beaumont, Texas, on this day of A.D., 2007.
Customer CITY OF BEAUMONT / CITY MANAGER
By: By
(PRINT) Authorized Representative Date
By:
Signature of Authorized Representative Date
Attest: Attest:
Date
STATE OF TEXAS §
COUNTY OF JEFFERSON §
CITY OF BEAUMONT §
Kyle Hayes, City Manager Date
Date
BEFORE ME, the undersigned, a Notary Public in and for the said county and state, on this day personally
appeared known to me to be the person and officer whose name is subscribed to the foregoing
instruction, and acknowledged to me that the same was the act of the said Customer, and that he executed the same
as the act of such company for the purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , A.D. 2007.
Notary Public
My Commission Expires:
City of Beaumont 1350 Langham Road
Water Utilities Department Page 5 of 5 Beaumont, Texas 77707
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 execute a wastewater service
agreement with West Jefferson Municipal Utility District to serve an RV park outside the
City limits at the corner of Hwy. 124 and Frint Drive.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2007.
- Mayor Becky Ames -
F
imiCity Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works !
MEETING DATE: September 25, 2007
AGENDA MEMO DATE: September 20, 2007
REQUESTED ACTION: Council approval of Change Order Nos. 2, 3 and 4 for Martin
Luther King, Jr. Park.
RECOMMENDATION
Administration recommends approval of Change Order Nos. 2, 3 and 4 for additional work at Martin
Luther King, Jr. park in the amount of $32,607.
BACKGROUND
The construction contract was awarded by Council to N & T Construction, Inc. in the amount of
$648,000. Construction is underway and the following improvements are recommended:
Change Order No. 2 is the cost to imprint the new memorial bricks that will be placed along the
walkway. The original memorial bricks installed in the boulevard on ML.K Parkway are scheduled
to be replaced. Change Order No. 2 is the cost for imprinting 261 new bricks. Upon completion of
the park, the original memorial bricks will be removed from the parkway and offered to the families
that purchased them. The cost for imprinting is $6,635.
Change Order No. 3 is the cost for furnishing and installing electrical power breakers, a concrete
pedestal and an aluminum enclosure for the main electrical service that connects to the main power
source. Entergy moved the overhead lines but the property owner is responsible for the service
breakers and connection. A concrete pedestal and a secure aluminum enclosure was constructed to
accommodate the service breakers. The cost for this change order is $8,303.
Change Order No. 4 includes furnishing and installing new light fixtures in the parking lot. The high
mast light fixture on the park site is sufficient lighting for the park, however, it does not provide
enough lighting in the parking area. Staff requested a price from the contractor to furnish and install
seven (7) light fixtures in the parking area. The cost includes all trenching, wiring and light pole bases
for a complete installation. The cost for the additional lighting is $17,669.
M.L.K. Park - Change Order
September 20, 2007
Page 2
No additional days for completion were requested. The base bid of $648,000 was increased by
Change Order No. 1 to $695,476. Change Orders No. 2, 3 and 4 increase the original contract
amount by five percent (5%). Total percentage increase to date is twelve percent (12%).
BUDGETARY IMPACT
Funds are available in the Capital Program.
RESOLUTION NO.
WHEREAS, on October 31, 2006, the City Council of the City of Beaumont,
Texas, passed Resolution No. 06-335 awarding a contract in the amount of $648,000 to
N & T Construction, Inc., Orange, Texas, for the construction of Martin Luther King, Jr.
Park; and,
WHEREAS, Change Order No. 1 was required for upgrading the specified 2 ft. x 2
ft. concrete pavers to Hanover Prest Pavers in a limestone grey and furnishing new
memorial brick pavers in a charcoal finish thereby increasing the contract amount by
$47,476 which increased the total contract amount to $695,476; and
WHEREAS, Change Order No. 2 is required to imprint 261 new memorial bricks that
will be placed along the walkway thereby increasing the contract amount by $6,635 for a
total contract amount of $702,111; and
WHEREAS, Change Order No. 3 is required for furnishing and installing electrical
power breakers, a concrete pedestal and an aluminum enclosure for the main electrical
service that connects to the main power source thereby increasing the contract amount by
$8,303 for a total contract amount of $710,414; and
WHEREAS, Change Order No. 4 is required for furnishing and installing new light
fixtures in the parking lot thereby increasing the contract amount by $17,669 for a total
contract amount of $728,083;
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 Nos. 2,
3 and 4 increasing the contract amount by $32,607 for a total contract amount of $728,083
for the construction of Martin Luther King, Jr. Park.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2007.
- Mayor Becky Ames -
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 25, 2007 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-7 and
16 and 17/Consent Agenda
* Consent Agenda
GENERAL BUSINESS
Consider adopting the FY 2008 Budget
2. Consider adopting the 2008 Capital Program
3. Consider ratifying the budgeted property tax increase reflected in the FY 2008
Budget
4. Consider accepting the tax roll and establishing the property tax rate for the tax
year 2007 (FY 2008)
EXECUTIVE SESSION
* Prior to considering Agenda Item 5, the City Council will hold an Executive
Session in accordance with Section 551.071 of the Government Code to:
Consult with the City Attorney regarding legal issues related to the proposed
Collective Bargaining Agreement between the City of Beaumont and the
Beaumont Police Officers Association.
5. Consider authorizing the City Manager to execute a new labor agreement with the
Beaumont Police Officers Association
6. Consider amending Section 28-50, Water Service Rates and Section 28-51,
Sanitary Sewer Service Rates of the Code of Ordinances related to increasing
water and sewer rates to fund water and sewer operations and recommended
capital improvements
7. Consider amending Sections 28-24.1.(b)(1) and 28-24.1.(b)(2) of the Code of
Ordinances related to increasing garbage and trash rates
8. Consider amending Chapter 30, Zoning Ordinance, by adding Section 30-23.2 to
create the Neighborhood Design Overlay District and the regulations that would
govern said overlay district
9. Consider amending Chapter 30, Zoning Ordinance, by amending Section 30-4 (b),
amending Section 30-24 (b) Permitted Use Table, and adding Section 30-33 (b)
25, regulations for temporary portable storage containers
10. Consider approving a request for a zone change from GC -MD (General
Commercial -Multiple Family Dwelling) to C -M (Commercial -Manufacturing)
District for properties located at 715 and 745 Chamberlin
11. Consider approving a request for a specific use permit to allow retail merchandise
sales in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at
7130 Eastex Freeway
12. Consider approving a request for a specific use permit to allow parking for a
restaurant in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2)
District for property located on the west side of Warren Street, approximately 467'
north of W. Cardinal Drive
13. Consider approving a request for a specific use permit to allow a middle/high
school in a GC -MD (General Commercial -Multiple Family Dwelling) District at
1050 Broadway
14. Consider approving a request for a specific use permit to allow a mini -warehouse
self -storage facility in a GC -MD (General Commercial -Multiple Family Dwelling)
District for property located approximately 425' west of the northwest corner of
College and 23'd Street
15. Consider approving a request for a specific use permit to allow a beauty shop in an
RCR (Residential Conservation and Revitalization) District at 2390 Broadway
16. Consider approving a request to rename Pipkin Park to Pipkin Patriots Park
17. Consider approving an ordinance adopting local rules of the Beaumont Municipal
Court
18. PUBLIC HEARING: Receive comments and requests relating to six month
extensions for occupying FEMA or travel trailers
Consider approving an ordinance allowing for a six month extension for occupying
a FEMA or travel trailer at 5530 Thames, 1772 Grand, 3452 Grand, 680 Rhone,
1735 W. Highland, 2315 Sabine Pass, 3395 Maida, 1417 Church, 120 Langham,
2585 Linson, 3490 French, 1575 Threadneedle, 1745 Delaware and 660 Woodrow
and denying an extension for 2650 Houston
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:
Jim R.ideaux dba JR's Automotive - Small Business Loan
The City of Beaumont v. International Association of Firefighters,
Local Union 399
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
September 25, 2007
Consider adopting the FY 2008 Budget
BEAUMONT, TEXAS
TO:
FROM:
PREPARED BY:
MEETING DATE:
AGENDA MEMO DATE:
REQUESTED ACTION:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Max S. Duplant, Chief Financial Officer e
September 25, 2007
September 17, 2007
Council consider adopting the FY 2008 Budget.
RECOMMENDATION:
Administration recommends Council adopt the FY 2008 Budget as submitted to Council on
August 14, 2007.
BACKGROUND
Article VI, Section 8 of the City Charter states that "the budget shall be adopted by the
favorable votes of at least a majority of all members of the Council." Section 9 states that "the
budget shall be finally adopted not later than the twenty-seventh (27th) day of the last month of
the fiscal year. Should the Council take no final action on or prior to such day, the budget as
submitted by the City Manager shall be deemed to have been finally adopted by the Council."
The FY 2008 Budget was submitted to Council on August 14, 2007, and reviewed during a
work session on September 4, 2007. A public hearing was held on September 4, 2007, which
met the requirements of the Charter and state law.
001"WII,I.i•/IUI�IWy
Proposed appropriation for all funds, net of a contingency, totals $209,621,700. Additionally,
a contingency appropriation of $1,500,000 is made for the General Fund.
ORDINANCE NO.
ENTITLED AN ORDINANCE REFERRED TO AS THE
"ANNUAL APPROPRIATION ORDINANCE" ADOPTING A
BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER
1, 2007, AND ENDING SEPTEMBER 30, 2008, IN
ACCORDANCE WITH THE CHARTER OF THE CITY OF
BEAUMONT; APPORTIONING THE FUNDS OF THE CITY
OF BEAUMONT; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH AND
PROVIDING FOR SEVERABILITY.
WHEREAS, the City Manager of the City of Beaumont submitted to the City
Council a budget estimate for the revenues of said City and expenses of conducting the
affairs thereof for the fiscal year beginning October 1, 2007, and ending September 30,
2008; and,
WHEREAS, after notices and public hearings held in accordance with the
requirements of the Charter of the City of Beaumont and the statutes of the State of Texas,
the City Council is of the opinion that the budget, as attached hereto as Exhibit "A", should
be adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That the budget attached hereto as Exhibit "A" and made a part hereof for all
purposes is hereby adopted and approved. Exhibit "A" is hereby adopted and approved
as the budget of all the correct expenses as well as the fixed charges of the City for the
fiscal period beginning the 1st day of October, 2007, and ending the 30th day of
September, 2008, and the several amounts stated in Exhibit "A" as proposed expenditures
shall be and become appropriated to the several objects and purposes therein named.
Notices given, as required for the adoption of said budget, are hereby ratified.
Section 2.
That the sums indicated are appropriated from the following schedule of funds:
a.
General
$96,319,100
b.
Debt Service
13,828,800
C.
Water Utilities
34,823,700
d.
Solid Waste Management
9,112,400
e.
Hotel Occupancy Tax
2,901,200
f.
Henry Homberg Golf Course
537,800
g.
Municipal Transit
11,369,000
h.
Other Special Revenue
5,615,200
i.
Capital Reserve
10,490,500
j.
Fleet Management
6,628,300
k.
Employee Benefits
17,121,200
I.
General Liability
874,500
Section 3.
That the City Manager is hereby authorized to transfer budgeted funds from one
lineitem to another line item provided the transaction is not an interfund transfer.
Section 4.
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 in no way affect the remaining portions of this
ordinance, and to such end the provisions of this ordinance are declared to be severable.
Section 5.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2007.
- Mayor Becky Ames -
GENERAL FUND
STATEMENT OF REVENUES AND EXPENDITURES
REVENUES
Sales and use taxes
Property taxes
Industrial payments
Gross receipts taxes
Utility fund in lieu
Charges for services
Fines and forfeits
Licenses and permits
Culture and recreation
Interest earnings
Miscellaneous revenues
Transfers in
TOTAL REVENUES
EXPENDITURES
Police
Fire
Public Works
Public Health
Event Facilities and Libraries
Parks and Recreation
Finance
Technology Services
Community Development
Executive Office
Human Resources
City Attorney
City Clerk
Internal Services
TOTAL EXPENDITURES
OTHER USES
Transfers out
TOTAL APPROPRIATIONS
EXCESS (DEFICIT) REVENUES
OVER APPROPRIATIONS
BEGINNING FUND BALANCE
Reserved for contingency
Unreserved
ENDING FUND BALANCE
Actual
$ 36,123, 710
20,242, 920
11,491,345
6,830,089
6,279,000
3,470,410
2,612,302
1,403,390
431,918
1,162,366
1,052,745
91,100,195
24,142,266
18, 339, 874
10, 387, 571
5,882,174
3,342,531
3,477,709
1,407, 711
839,265
689,269
211,154
8,396, 858
77,116, 382
7,406,000
84,522, 382
6,577,813
13, 684, 809
1,500,000
18,762,622
$ 20,262,622
Budget
FY 2007
(As Amended)
$ 31,261,500
19,206,000
12,142, 800
6,220,000
6,936,000
3,396,000
1,925,400
1,300,000
504,000
1,200, 000
847,100
645,700
85,584,500
25, 525,100
19,428,400
16, 224, 000
6,503,700
3,613,800
3,688,900
3,266,600
2,530,300
1,462, 500
744,700
710,700
324,000
84, 022, 700
6,326,000
90,348,700
(4,764,200)
16,145, 572
1,500,000
9,881,372
$ 111381,372
Estimated Budget
FY 2007 FY 2008
$ 34, 573, 000
19,400,000
12,081, 600
6,613,600
6,936,000
3,455,800
2,492,700
1,416,300
540,100
1,480, 000
1,147, 300
645,700
90,782,100
25,756,400
19, 344, 800
16,041,000
6,632, 300
3,339,900
3,797,500
3,184,600
2,404,300
1,539,000
701,800
725,500
229,500
83,696,600
6,326,000
90,022,600
759,500
20, 262,622
1,500,000
19, 522,122
$ 21, 022,122
$ 34,573,000
24,000,000
12,501,000
7,485,000
6,936,000
3,595,100
2,216,100
1,411,900
607,700
1,480,000
869,500
645,700
96,321,000
26,640, 800
20,235, 200
15,672,000
6,848,900
3,987,000
3,928,600
3,305,800
3,005,000
2,065,300
1,644,100
1,018,200
758,100
230,100
89, 339,100
6,980,000
96, 319,100
1,900
21, 022,122
1,500,000
19, 524, 022
$ 21,024,022
Exhibit "A"
DEBT SERVICE FUND
STATEMENT OF REVENUES AND EXPENDITURES
REVENUES
Property taxes
Interest earnings
Miscellaneous revenues
Contributions from other funds
TOTALREVENUES
EXPENDITURES
Principal and interest
Service charges
Other operating expenses
TOTAL EXPENDITURES
EXCESS (DEFICIT) REVENUES
OVER EXPENDITURES
BEGINNING FUND BALANCE
ENDING FUND BALANCE
Actual
Budget
Estimated
FY 2006
FY 2007
FY 2007
2,270,220
$ 12, 540, 524
$ 12, 948, 000
$ 12,966, 000
190,957
180,000
240,000
332,265
339,300
339,300
818,707
815,400
815,400
13, 882, 453
14, 282, 700
14, 360, 700
13, 639, 935
14, 319, 500
14, 224, 500
5,258
8,000
8,000
-
-
10,800
13,645,193
14,327,500
14,243,300
Budget
FY 2008
$ 12,333,000
200,000
334,500
830,000
13, 697, 500
13,820,800
8,000
13, 828, 800
237,260
(44, 800)
117,400
(131, 300)
2,032,960
1,820,254
2,270,220
2,387,620
$ 2,270
$ 1,775,454 $
2387 620
$ 2,256,320
Exhibit "A"
WATER UTILITIES FUND
STATEMENT OF REVENUES AND EXPENDITURES
EXPENDITURES
Wages
5,477,132
Budget
5,663,400
6,170,300
Benefits
Actual
FY 2007
Estimated
Budget
Operating supplies
FY 2006
(As Amended)
FY 2007
FY 2008
REVENUES
3,260,572
2,904,000
3,285,300
3,361,700
Water sales
$ 19,756,896
$ 24,050,700
$ 23,469,000
$ 25,600,000
Sewer charges
6,905,280
5,538,600
5,847,300
6,315,100
Other fees and charges
3,635,749
1,683,000
1,730,600
1,650,000
Interest
441,505
375,000
520,000
500,000
Miscellaneous revenues
80,068
9,000
111,300
12,000
TOTAL REVENUES
30,819,498
31,656,300
31,678,200
34,077,100
EXPENDITURES
Wages
5,477,132
5,826,600
5,663,400
6,170,300
Benefits
2,804,507
2,840,800
2,831,500
2,960,600
Operating supplies
927,065
953,200
958,100
961,300
Repair and maintenance
3,260,572
2,904,000
3,285,300
3,361,700
Utilities
2,561,521
2,395,100
2,421,200
2,591,800
Contract services
658,092
531,300
558,600
588,500
Capital
2,005,438
4,493,000
2,085,400
3,128,800
Debt service
8,023,914
9,022,900
8,925,100
9,160,700
Payment in lieu of taxes
4,973,000
5,630,000
5,630,000
5,630,000
Transfers to other funds
250,000
250,000
250,000
270,000
TOTAL EXPENDITURES
30,941,241
34,846,900
32,608,600
34,823,700
EXCESS (DEFICIT) REVENUES
OVER EXPENDITURES
(121,743)
(3,190,600)
(930,400)
(746,600)
BEGINNING FUND BALANCE
10,837,765
9,271,707
10,716,022
9,785,622
Unreserved
10,716,022
6,081,107
9,785,622
9,039,022
ENDING FUND BALANCE
$ 10,716,022
$ 6,081,107
$ 9,785,622
$ 9,039,022
Exhibit "A"
SOLID WASTE FUND
STATEMENT OF REVENUES AND EXPENDITURES
EXPENDITURES
Wages
2,093,669
Budget
1,817,200
1,995,800
Benefits
Actual
FY 2007
Estimated
Budget
Operating supplies
FY 2006
(As Amended)
FY 2007
FY 2008
REVENUES
1,611,429
1,425,900
1,771,400
1,709,000
Residential collections
$ 5,457,976
$ 5,600,000
$ 5,500,000
$ 5,796,000
Landfill fees
4,070,961
1,800,000
2,750,000
2,400,000
Interest earnings
80,837
50,000
115,000
115,000
Miscellaneous revenues
39,885
2,500
5,900
-
Proceeds from sale of assets
65,478
-
1,500
1,500
TOTAL REVENUES
9,715,137
7,452,500
8,372,400
8,312,500
EXPENDITURES
Wages
2,093,669
1,855,700
1,817,200
1,995,800
Benefits
1,043,269
994,500
978,300
1,051,300
Operating supplies
1,022,169
879,400
754,400
943,300
Repair and maintenance
1,611,429
1,425,900
1,771,400
1,709,000
Utilities
44,196
44,400
36,800
41,000
Contract services
103,045
231,300
177,500
168,800
Capital
1,345, 235
734,400
658,000
1,192, 500
Debt service
677,219
670,800
670,800
619,700
Payment in lieu of taxes
1,306,000
1,306,000
1,306,000
1,306,000
Transfers to other funds
75,000
75,000
75,000
85,000
TOTAL EXPENDITURES
9,321,231
8,217,400
8,245,400
9,112,400
EXCESS (DEFICIT) REVENUES
OVER EXPENDITURES
393,906
(764,900)
127,000
(799,900)
BEGINNING FUND BALANCE
2,206,440
2,053,736
2,600,346
2,727,346
Unreserved
2,600,346
1,288,836
2,727,346
1,927,446
ENDING FUND BALANCE
$ 2,600,346
$ 1,2881836
$ 2,727,346
$ 1,9271446
Exhibit "A"
HOTEL OCCUPANCY TAX FUND
STATEMENT OF REVENUES AND EXPENDITURES
REVENUES
Gross receipts taxes
Interest earnings
Miscellaneous revenues
TOTAL REVENUES
EXPENDITURES
Convention and Visitors Bureau
Convention Facilities
Designated Programs
Transfers to Other Funds
TOTAL EXPENDITURES
EXCESS (DEFICIT) REVENUES
OVER EXPENDITURES
BEGINNING FUND BALANCE
Unreserved
ENDING BALANCE
Actual
FY 2006
$ 2,366,831
23,328
62,900
2,453, 059
1,121,045
635,786
270,000
2,026,831
Budget
$ 2,078,800
7,000
21,500
2,107, 300
1,527,500
415,000
645,700
2, 588, 200
Estimated
FY 2007
$ 2,425,000
37,000
153,500
2,615,500
1,559,600
295,000
645,700
2,500,300
Budget
$ 2,370,000
35,000
23,500
2,428,500
1,825,500
430,000
645,700
2,901,200
426,228
(480,900)
115,200
(472,700)
288,734
722,849
714,962
830,162
714,962
241,949
830,162
357,462
$ 714,962
$ 241,949 $
830,162 $
357,462
Exhibit "A"
HENRY HOMBERG GOLF COURSE FUND
STATEMENT OF REVENUES AND EXPENDITURES
Exhibit "A"
Actual
Budget
Estimated
Budget
FY 2006
FY 2007
FY 2007
FY 2008
REVENUES
Charges for services
$ 401,168
$ 432,000
$ 455,000
$ 453,800
Interest
1,282
1,200
5,000
5,000
Miscellaneous revenues
39,716
-
2,700
-
Transfers in
-
35,000
35,000
35,000
TOTAL REVENUES
442,166
468,200
497,700
493,800
EXPENDITURES
Wages
181,667
190,900
168,500
190,300
Benefits
46,090
56,400
54,800
58,800
Operating supplies
54,625
55,600
61,600
62,600
Repair and maintenance
45,336
50,000
42,800
53,800
Utilities
19,629
18,000
18,300
19,000
Contract services
14,262
18,100
23,200
23,200
Capital
-
-
-
54,400
Debt service
75,645
75,700
75,700
75,700
TOTAL EXPENDITURES
437,254
464,700
444,900
537,800
EXCESS (DEFICIT) REVENUES
OVER EXPENDITURES
4,912
3,500
52,800
(44,000)
BEGINNING FUND BALANCE
48,477
1,772
53,389
106,189
Unreserved
53,389
5,272
106,189
62,189
ENDING FUND BALANCE
$ 53,389
$ 5,272
$ 106,189
$ 62,189
Exhibit "A"
MUNICIPAL TRANSIT FUND
STATEMENT OF REVENUES AND EXPENDITURES
Exhibit "A"
Actual
Budget
Estimated
Budget
FY 2006
FY 2007
FY 2007
FY 2008
REVENUES
Service charges
$ 581,136
$ 675,000
$ 625,000
$ 630,000
Intergovernmental revenues
2,449,496
10,466,900
3,311,800
8,907,000
Interest
4,112
-
7,000
7,000
Miscellaneous revenues
37,731
90,000
-
90,000
Transfers in
2,196,000
1,396,000
1,396,000
1,720,000
TOTAL REVENUES
5,268,475
12,627,900
5,339,800
11,354,000
EXPENDITURES
Contract services
4,200,298
3,950,000
4,165,000
4,200,000
Capital outlay
31,042
8,269,000
1,289,300
7,169,000
TOTAL EXPENDITURES
4,231,340
12,219,000
5,454,300
11,369,000
EXCESS (DEFICIT) REVENUES
OVER EXPENDITURES
1,037,135
408,900
(114,500)
(15,000)
BEGINNING FUND BALANCE
(670,751)
(376,080)
366,384
251,884
Unreserved
366, 384
32,820
251,884
236,884
ENDING FUND BALANCE
$ 366,384
$ 32,820
$_ 251,884
$ 236,884
Exhibit "A"
SPECIAL REVENUE AND OTHER FUNDS
STATEMENT OF REVENUES AND EXPENDITURES
Confiscated Goods
Municipal Airport
Texas Motor Carrier Violations
Municipal Court Security Fee
Municipal Court Technology
Municipal Court Juvenile Case Manager
Rita Recovery
Library Grants
Julie Rogers Theatre Endowment
Tyrrell Historical Library
Expendable Trust
Library Trust
Library Endowment
Historical Fire Museum
TOTAL
(1) Unexpendable endowment
Balance
FY 2008
Balance
10101/07
Revenues
Approp.
09/30/08
$ 556,200
$ 250,000
$ 806,200
$ -
4,600
147,400
152,000
-
20,800
38,000
58,800
-
9,900
80,700
90,600
-
403,200
127,800
531,000
-
27,400
60,000
87,400
-
100,300
3,066,000
3,166,300
-
-
10,300
10,300
-
116,200
5,000
21,200
100,000 (1)
116,600
5,000
121,600
-
268,700
43,400
312,100
-
144,600
8,000
152,600
-
840,900
30,000
96,000
774,900 (1)
-
9,100
9,100
-
$ 2,609,400
$ 3,880,700
$ 5,615.200
$ 674,900
Exhibit "A"
CAPITAL RESERVE FUND
STATEMENT OF REVENUES AND EXPENDITURES
Exhibit "A"
Budget
Actual
FY 2007
Estimated
Budget
FY 2006
(As Amended)
FY 2007
FY 2008
REVENUES
Fleet rental
$ 1,210,300
$ 1,128,400
$ 1,128,400
$ 1,249,300
Interest earnings
85,086
50,000
300,000
200,000
Miscellaneous revenues
72,945
-
3,700
4,800
Transfers in
4,725,000
4,400,000
4,400,000
4,150,000
Proceeds from capital lease
621,623
-
-
-
TOTAL REVENUES
6,714,954
5,578,400
5,832,100
5,604,100
EXPENDITURES
Improvements
457,796
3,460,000
317,000
5,215,500
Equipment
535,771
1,696, 700
866,900
1,085, 900
Vehicles
1,877,496
2,302,600
2,211,700
3,436,500
Debt service
837,381
900,600
900,600
752,600
TOTAL EXPENDITURES
3,708,444
8,359,900
4,296,200
10,490,500
EXCESS (DEFICIT) REVENUES
OVER EXPENDITURES
3,006,510
(2,781,500)
1,535,900
(4,886,400)
BEGINNING FUND BALANCE
1,875,809
4,204,543
4,882,319
6,418,219
Unreserved
4,882,319
1,423,043
6,418,219
1,531,819
ENDING FUND BALANCE
$ 4,882,319
$ 1,423,043
$ 6,418,219
$ 1,531 819
Exhibit "A"
FLEET MANAGEMENT FUND
STATEMENT OF REVENUES AND EXPENDITURES
REVENUES
User fees
Interest earnings
Miscellaneous revenues
Transfers in
TOTALREVENUES
EXPENDITURES
Wages
Benefits
Operating supplies
Repair and maintenance
Utilities
Contract services
Equipment
Transfers out
TOTAL EXPENDITURES
EXCESS (DEFICIT) REVENUES
OVER EXPENDITURES
BEGINNING FUND BALANCE
Reserved for inventory
Unreserved
ENDING FUND BALANCE
(119,106)
633,458
350,000
164,352
$ 514,352
54,000
513,072
350,000
217,072
567,072
(251, 800)
514,352
261,752
800
262,552
61,000
262,552
322,752
nnn
323.552
Exhibit "A"
Budget
Actual
FY 2007
Estimated
Budget
FY 2006
(As Amended)
FY 2007
FY 2008
$ 6,134,571
5,769,700
6,222,000
6,388,800
4,428
2,000
500
500
2,858
-
800
-
-
-
-
300,000
6,141, 857
5,771,700
6,223,300
6,689,300
1,035,485
1,139,100
1,040,500
1,175, 700
524,719
540,000
525,000
541,400
1,815,730
1,561,300
2,012,700
2,154,600
2,065,825
1,819,700
2,105, 600
1,923,700
56,771
55,400
52,300
52,300
719,426
573,100
714,500
740,400
43,007
29,100
24,500
40,200
6,260,963
5,717,700
6,475,100
6,628,300
(119,106)
633,458
350,000
164,352
$ 514,352
54,000
513,072
350,000
217,072
567,072
(251, 800)
514,352
261,752
800
262,552
61,000
262,552
322,752
nnn
323.552
Exhibit "A"
EMPLOYEE BENEFITS FUND
STATEMENT OF REVENUES AND EXPENDITURES
REVENUES
Service charges
Employee contributions
Interest
Miscellaneous revenues
Transfers in
TOTALREVENUES
EXPENDITURES
Health
Preferred Provider Organization
Health Maintenance Organization
Health prescriptions
Dental
Other benefits
Total
Worker's Compensation
Third party administration
Claims paid
Excessinsurance
Safety management
Total
General
Unemployment
Short-term disability
Total
TOTAL EXPENDITURES
EXCESS (DEFICIT) REVENUES
OVER EXPENDITURES
BEGINNING FUND BALANCE
Unreserved
ENDING FUND BALANCE
Actual
FY 2006
$ 12,032,829
2,223,407
234,796
9,524
14,500,556
6,195,785
3,885,496
2,012,076
677,565
154,186
12,925,108
61,733
674,852
76,500
162.790
975,875
79,793
312,169
391,962
14,292,945
207,611
3,853,316
4,060,927
$ 4.060.927
Budget
FY 2007
$ 12,329,500
2,350,000
175,000
14,854,500
6,435,000
4,600, 000
2,350,000
760,000
191.800
14,336,800
62,400
1,000,000
85,000
169.500
1,316,900
100,000
350,000
450,000
16,103,700
(1,249,200)
4,2564463
3,007,263
$ 3.007.263
Estimated
FY 2007
$ 12,329,500
2,395,100
260,000
14,984,600
6,564,000
4,150,000
2,175,000
689,100
160.100
13,738,200
62,400
900,000
85,000
150,000
1,197,400
50,000
500,000
550,000
15,485,600
(501,000)
4,060, 927
3,559,927
$ 3.559.927
Budget
FY 2008
$ 13,110,000
2,571,000
250,000
230,000
16,161,000
7,306, 500
4,680, 000
2,350,000
728,000
203.300
15,267,800
65,000
1,000,000
85,000
178.400
1,328,400
100,000
425,000
525,000
17,121,200
(960,200)
3,559,927
2,599,727
$ 21599,727
Exhibit "A"
GENERAL LIABILITY FUND
STATEMENT OF REVENUES AND EXPENDITURES
Exhibit "A"
Actual
Budget
Estimated
Budget
FY 2006
FY 2007
FY 2007
FY 2008
REVENUES
Interest
$ 42,721
$ 15,000
$ 55,000
$ 55,000
Transfers in
775,000
775,000
775,000
825,000
TOTAL REVENUES
817,721
790,000
830,000
880,000
EXPENDITURES
Professional services
194,804
100,000
25,000
100,000
Claims paid
583,361
700,000
700,000
770,000
Otherinsurance
4,136
4,500
4,200
4,500
TOTAL EXPENDITURES
782,301
804,500
729,200
874,500
EXCESS (DEFICIT) REVENUES
OVER EXPENDITURES
35,420
(14,500)
100,800
5,500
BEGINNING FUND BALANCE
964,174
1,044,974
999,594
1,100,394
Reserved for unpaid claims
_
_
_
_
Unreserved
999,594
1,030,474
1,100, 394
1,105, 894
ENDING FUND BALANCE
$ 999,594
$ 1,030,474
$ 1,100,394
_ 1,105,4
$ 89
Exhibit "A"
2
September 25, 2007
Consider adopting the 2008 Capital Program
TO:
FROM:
PREPARED BY:
MEETING DATE:
AGENDA MEMO DATE:
REQUESTED ACTION:
RECOMMENDATION
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Max S. Duplant, Chief Financial Officer ; l�
September 25, 2007
September 17, 2007
Council considering adopting the 2008 Capital Program.
Administration recommends Council adopt the 2008 Capital Program as submitted to Council May
11, 2007 and revised August 14, 2007.
BACKGROUND
Article VI, Section 20 states that "the Council shall, by resolution, adopt the Capital Program with
or without amendment after the public hearing and on or before the twenty-seventh (27`h) day of the
last month of the current fiscal year."
The Capital Program was originally submitted to Council on May 11, 2007. It was revised and
submitted to Council on August 14, 2007, and reviewed during a work session on September 4,
2007. A public hearing was also held on September 4, 2007.
BUDGETARY IMPACT
In the proposed 2008 Capital Program, projects in the design or construction phase total
$308,693,000 and include $185,050,000 in Public Works projects, $38,730,000 in General
Improvement projects and $84,913,000 in Water and Sewer projects. Projects in the planned phase
total $193,234,000 which includes $149,070,000 in Public Works projects, $10,440,000 in General
Improvements and $33,724,000 Water and Sewer projects. The total capital program cost for all
projects in the design or construction phase and the planned phase is $501,927,000.
RESOLUTION NO
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the FY 2008 Capital Program is hereby adopted. The Capital Program is
substantially in the form attached hereto as Exhibit "A". A public hearing was held
September 4, 2007, in the City Council Chambers, City Hall, Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2007.
- Mayor Becky Ames -
PUBLIC WORKS PROJECTS
FY 2008 - 2012
Deslan or Construction Phase
Babe Zaharias Drive
Calder - Main to Phelan
Cartwright/Corley - Ditch 100d
Concord IV - E. Lucas to Hwy. 105
Dowlen - College to Walden
Dowien - US 69 N to Delaware
Downtown Improvements
Neches - College to Laurel
Willow and Park - College to North
Pearl Street - Calder to North
Future Improvements
Fannett Road
Fannin Street - 4th to 11 th
Gulf - Live Oak to Delaware
Hayes Gully
Illuminated Street Markers
Signalized Intersections - 160 Locations
Laurel - IH -10 to Office Park
Magnolia - Delaware to E. Lucas
Main - Calder to Blanchette
North Street - ML King to Twenty -Third
Old Dowlen - Dowlen to Hwy. 105
Phelan - Major to Keith
Regina - Howell to Thomas
Rolfe Christopher - US 69 S to Virginia
School Sidewalk Program
Seventh Street - IH -10 to Laurel
Street Rehabilitation
Washington - IH -10 to ML King
Washington - Langham to Major
Wendelin/Keily
Total Design or Construction Phase
[1] Includes FEMA Funding of $23,665,180 and other potential funding of $1,950,000.
The estimated cost to the City is $23,884,820.
Estimated Cost
1,420, 000
49,500,000 [1]
1,200,000 [2]
16,000,000 [3]
11,840,000 [4],[5]
10,600,000 [4]
1,500,000
2,470,000 [6]
570,000
2,400,000
630,000 [4]
6,300,000
2,260, 000
2,790,000 [7]
1,000,000
4,700,000 [4]
5,240, 000
6,800,000
7,560,000
6,100,000 [8]
4,800,000
1,600,000
5,500,000
1,000,000
4,200, 000
3,000, 000
16,650,000
6,710,000 [4],[9]
710,000
185,050,000
[2] This is a joint participation project with DD06. The estimated cost to the City is $1,200,000.
[3] Includes Federal Highway Administration funding of 80 percent up to $7,375,000.
[4] Air Quality issues will not be determined until a later date and could effect project timeline.
[5] Includes Federal Highway Administration Funding of $2,764,800.
[6J Includes Federal Highway Administration Funding of $512,000 for the section of Willow between North and Crockett.
[7] This is a participation project with D096. The estimated cost to the City is $700,200
[8] Includes TxDOT funding up to $4,100,000.
[9] Includes Federal Highway Administration Funding of $3,080,000.
Recommended
Time Schedule
FY 2008 - 2009
Exhibit "N'
PUBLIC WORKS PROJECTS
FY 2008 - 2012
Planned Protects
Estimated Cost
Avenue A - Washington to U.S. 69 S
$ 7,350,000
Caldwood Outfall
5,500,000
College Street - IH -10 to Gofiad
7,690,000
Delaware - Concord to Dowlen
12,100,000
Dowlen - Delaware to Gladys
7,500,000
East Lucas - U.S. 69 N to Pine Street
12,600,000
Eleventh Street - Washington to US 69
15,750,000
Gladys Street - IH -10 to Dowlen
8,400,000
High School Ditch
9,130,000
Madison - Irving to Grove
2,470,000
Magnolia - Laurel to Delaware
7,860,000
Moore Street Relief
5,880,000
North Main Street - Calder to RR Tracks
1,890,000
Phelan - IH -10 to Dowlen
16,380,000
Pine Street - IH -10 to Crockett
3,780,000
Sabine Pass - Emmett to M.L. King
2,810,000
School Sidewalk Program
2,100,000
South Park Relief
7,880,000
Street Rehabilitation
12,000,000
Total Planned Projects
$ 149,070,000
Total Public Works Projects
$ 334,120,000
Recommended
FY 2008 - 2012
Exhibit "A"
GENERAL IMPROVEMENT PROJECTS
FY 2008 - 2012
Desion or Construction Phase
Alice Keith Park Improvements
Athletic Complex Improvements
Athletic Complex Tennis Center
City Hall Improvements
Communication Building
Detention Facility Hike & Bike Trail
Downtown Event Center & Lake Park
Downtown Waterway
Fire Station Driveway Replacements
Fleet Faciltiy Improvements
Martin Luther King, Jr. Park
Municipal Airport Improvements
911 Operations Center
Police Department Property Building
Property Acquisition and Site Improvements
Riverfront Park Improvements
Transportation Operations Shop
Tyrrell Historical Library Addition
Total Design or Construction Phase
Planned Projects
EMS Medic Station 2
Fire Station Relocation/Administration
Public Health Department Building
Senior Center
Tyrrell Park Improvements
Total Planned Projects
Total General Improvement Projects
Estimated Cost
$ 1,000,000
1,000,000
2,800,000
1,000,000
1,000,000
850,000
7,000,000
5,000,000
200,000
2,000,000
900,000
4,500,000
3,200,000
1,200,000
1,000,000
2,000,000
1,880,000
2,200, 000
$ 38,730,000
$ 450,000
4,590,000
2,500,000
2,300,000
600,000
$ 10,440,000
$ 49,170,000
[11 Improvements to be funded by the Federal Aviation Administration on a 80/20 and 90110 basis.
The total commitment of the City is $600,000
[2] Includes insurance and funding from other sources
[1j
[2j
Recommended
Time Schedule
FY 2008 - 2009
FY 2008-2012
Exhibit "A'
WATER AND SEWER PROJECTS
FY 2008 - 2012
Desian or Construction Phase
Master Plan for Water & Sewer System
Water Department Security System
Water Projects:
2 MG Elevated Storage Tank on Dishman
36" Transmission Line
Ammonia Addition to Loeb Well
Automatic Flushing Devices
Leak Detection Project
Loeb Tank Rehabilitation
Water Line Extension on IH -10 (between Brooks & Walden)
Water Line and Fire Hydrant Installation/Replacement
Water Rights Study
Water Treatment Plant Generators
Water Treatment Plant - Phase I
Water Treatment Plant Improvements - Design Phase II
West Tank Rehabilitation
Sewer Projects:
54" Central Trunk Rehabilitation
54" West Trunk Outfall - Phase I & II
60" Trunk Line Rehabilitation
Degritter - Wastewater Treatment Plant
Dredge Ponds 1 and 2 at Wastewater Treatment Plant
East Lucas Relief Project
Filter Rehabilitation - Wastewater Treatment Plant
Florida Avenue & Fanned Road Interceptors
Grit Pump Replacement - Wastewater Treatment Plant
Lift Station Repairs
Primer Lift Station
Sanitary Sewer Line Extension on IH -10 (Brooks to Walden)
Sanitary Sewer Rehabilitation - Small Mains (Pipe Bursting)
Wastewater Treatment Plant Generators
Wastewater Treatment Plant Master Plan
Wetlands Design & Rehabilitation
Estimated Cost
400,000
250,000
3,300,000
7,800,000
250,000
100,000
350,000
230,000
680,000
3,000,000
200,000
3,300,000
5,200,000
1,300,000
150,000
5,500,000
3,800,000
3,390,000
2,700,000
1,200, 000
1,400,000
1,750,000
2,500,000
200,000
900,000
740,000
680,000
6,000,000
2,900,000
600,000
5,900,000
Recommended
Time Schedule
FY 2008- 2012
Exhibit "A"
WATER AND SEWER PROJECTS
PY 2008 - 2012
Design or Construction Phase (continued) Estimated Cost
Water/Sewer for Street Projects:
Calder - Main to Phelan
$ 2,080,000
Concord Road - Phase IV - East Lucas to Hwy. 105
1,140,000
Dowlen Road - College to Walden
1,560,000
Dowlen Road - US 69 N to Delaware
910,000
Downtown Improvements:
Neches - Laurel to College
210,000
Willow and Park - North to College
700,000
Pearl Street - Calder to North
140,000
Fannin - Fourth to IH -10
453,000
Laurel - IH -10 to Office Park
490,000
Magnolia - Delaware to East Lucas
890,000
Main Street - Calder to Blanchette
840,000
North Street - ML King to Twenty -Third
960,000
Old Dowlen - Dowlen to Hwy. 105
530,000
Pearl Street - College to Calder
410,000
Phelan Blvd. - Major to Keith
800,000
Rolfe Christopher - US 69 S to Virginia
330,000
Seventh Street - IH -10 to Laurel
510,000
Tyrrell Park Road Resurfacing
1,560,000
Washington - IH -10 to ML King
2,000,000
Washington - Langham to Major
1,730,000
Total Design or Construction Phase
$ 84,913,000
Recommended
Time Schedule
FY 2008-2012
Exhibit "A"
WATER AND SEWER PROJECTS
FY 2008 - 2012
Planned Projects Estimated Cost
Lift Station Repairs $ 600,000
Sanitary Sewer Rehabilitation - Small Mains (Pipe Bursting) 4,000,000
Wastewater Treatment Plant Ground Improvements 1,000,000
Water Bottling Plant 1,500,000
Water Line and Fire Hydrant Installation/Replacement 2,000,000
Water Treatment Plant Improvements - Construction Phase II 12,000,000
Water/Sewer for Street Projects
Avenue A - Washington To US 69 S
650,000
College Street - IH -10 to Goliad
840,000
Delaware - Concord to Dowlen
2,730,000
Dowlen Road - Delaware to Gladys
630,000
East Lucas - US 69 N to Pine
1,920,000
Eleventh Street - US 69 N to Washington
440,000
Gladys Street - IH -10 to Dowlen
1,280,000
Guff Street - Live Oak to Delaware
424,000
Madison - Irving to Grove
110,000
Magnolia - Laurel to Delaware
1,550,000
North Main Street - Calder to Railroad Tracks
170,000
Phelan Blvd - IH -10 to Dowlen
590,000
Pine Street - IH -10 to Crockett
440,000
Sabine Pass - ML King to Emmett
850,000
Total Planned Projects
$ 33,724,000
Total Water and Sewer Projects
$ 118,637,000
Recommended
Time Schedule
FY 2008- 2012
Exhibit "A"
September 25, 2007
Consider ratifying the budgeted property tax increase reflected in the FY 2008 Budget
City Council Agenda Item
ti .. 79ij
�]Nc���NL
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer, 0j
MEETING DATE: September 25, 2007
AGENDA MEMO DATE: September 17, 2007
REQUESTED ACTION: Council to ratify the budgeted property tax increase reflected
in the FY 2008 Budget.
RECOMMENDATION
Administration recommends Council take a separate vote to ratify the budgeted property tax increase
reflected in the FY 2008 Budget which will raise more total property taxes than last year's budget
by $4,169,000 or 13.3% and of that amount $671,683 is tax revenue to be raised from new property
added to the tax roll this year.
BACKGROUND
Section 102 of the Local Government Code was amended and is effective for budgets being adopted
after September 1, 2007. Section 102.007 was amended to include the following: "Adoption of a
budget that will require raising more revenue from property taxes than in the previous year requires
a separate vote of the governing body to ratify the property tax increase reflected in the budget. A
vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote
to set the tax rate required by Chapter 26, Tax Code, or other law."
BUDGETARY IMPACT
The FY 2008 Budget includes $4,169,000 more in property tax revenues than was included in the
FY 2007 Budget.
ORDINANCE NO.
ENTITLED AN ORDINANCE RATIFYING THE BUDGETED
PROPERTY TAX INCREASE REFLECTED IN THE FY 2008
BUDGET.
WHEREAS, the proposed FY 2008 budget will raise more total property taxes than
last year's budget by $4,169,000 or 13.3%; and,
WHEREAS, the adoption of a budget that will raise more revenue from property
taxes than in the previous year requires a vote separate from and in addition to the vote
to adopt the budget;
NOW THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That the property tax increase reflected in the budget which will raise more total
property taxes than last year's budget by $4,169,000 be and the same is hereby, by
separate vote, ratified.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2007.
- Mayor Becky Ames -
11
September 25, 2007
Consider accepting the tax roll and establishing the property tax rate for the tax year 2007 (FY
2008)
clCity Council Agenda Item
.. E .. ij,
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY:
Max S. Duplant, Chief Financial Officer
MEETING DATE:
September 25, 2007
AGENDA MEMO DATE: September 17, 2007
REQUESTED ACTION: Council consider accepting the tax roll and establishing the
property tax rate for the tax year 2007 (FY 2008).
RECOMMENDATION
Administration recommends that Council accept the Jefferson County Appraisal District's Certified
Tax Roll and adopt a property tax rate of $0.654 for the tax year 2007 (FY 2008). The tax rate would
be apportioned $0.434 to the General Fund and $0.220 to the Debt Service Fund. This distribution
represents a shift of 3.9 cents of the dedicated tax rate from the Debt Service Fund to the General
Fund.
Section 26.05(b) of the Property Tax Code, mandates the language in the motion to adopt the tax rate
if the tax rate exceeds the effective tax rate. The mandated language is shown in bold.
"I move that property taxes be increased by the adoption of a tax rate of 65.4 cents." This tax
rate reflects a one-half cent decrease from the 2006 tax rate.
BACKGROUND
Chapter 26 of the Property Tax Code requires taxing units to comply with truth -in -taxation laws in
adopting their tax rates. State law requires all taxing units to adopt their tax rates before the later of
September 30 or the 601h day after the taxing unit receives the appraisal roll. State law also requires
the adoption of the Budget before the tax rate.
This same chapter of the Property Tax Code requires the following statements to be included in the
City's ordinance setting the tax rate: "This tax rate will raise more taxes for maintenance and
operations than last year's tax rate." "The tax rate will raise taxes for maintenance and operations
on a $100,000 home by approximately $39.45."
Adoption of Tax Rate
September 25, 2007
Page 2
In accordance with truth -in -taxation laws, two public hearings were held on September 4, 2007 and
September 11, 2007. In addition, all required notices were published in the newspaper, on the City's
website, and on the municipal channel.
BUDGETARY IMPACT
Property tax revenue in the FY 2008 Budget is calculated at the rate of $0.654 per $100 in assessed
value. This rate, applied to the certified tax roll of $5,582,328,543 plus minimum values omitted due
to protests at a collection rate of 97%, generates approximately $35,413,000 for the General and
Debt Service Funds combined.
ORDINANCE NO.
ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL
FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX
RATE; PROVIDING FOR LEVYING, ASSESSING AND
COLLECTING OF AD VALOREM TAXES FOR THE TAX
YEAR 2007; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR REPEAL.
WHEREAS, the Jefferson County Appraisal District has furnished to the City of
Beaumont the certified tax roll for the City of Beaumont as of July 30, 2007, to be
$5,582,328.543; and,
WHEREAS, the City Council finds that the tax roll submitted by the Jefferson County
Appraisal District should be accepted and that a tax rate in the amount of $0.654 per each
$100 of value for the tax year 2007 (FY 2008) should be established based upon said roll;
and
WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE
AND OPERATIONS THAN LAST YEAR'S TAX RATE; AND
WHEREAS, THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND
OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $39.45.
NOW THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That the tax roll submitted to the City Council by the Jefferson County Appraisal
District, a summary of which is attached as Exhibit "A", and showing the total net taxable
assessed value of all property within the City to be $5,582,328,543 is hereby approved and
accepted by the City of Beaumont.
Section 2.
That there shall be and is hereby levied and shall be assessed and collected for the
tax year 2007 (FY 2008), for municipal purposes only, an ad valorem tax rate of $0.654 on
each $100 worth of property located within the city limits of the City of Beaumont made
taxable by law, which said taxes, when collected, shall be for the purposes hereinafter set
forth as follows:
General Fund $0.434
Debt Service Fund $0.220
Section 3.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2007.
- Mayor Becky Ames -
07/30/2007 14:58 4098409732 PAGE 03
STATE OF TEXAS )
COUNTY OF JEFFERSON )
CERTIFICATION OF 2007 APPRAISAL ROLL FOR City of $eaumont
I, Roland R. Bieber, Chief Appraiser for the Jefferson County Appraisal District,
solemnly swear that the attached is that portion of the approved Appraisal Roll of the Jefferson
County Appraisal District that lists property taxable by and constitutes the appraisal roll for City
of Beaumont.
July 30.2007
Date
oland R. Bieber, RPA
Chief Appraiser
Jefferson County Appraisal District
2007 APPRAISAL ROLL INFORMATION
2007 Gross Value X6,252,126.821
2007 Gross Taxable Value (Net Appraised) $5.844.8M223
Total Number of Accounts 4.0$2
# of Accounts with Homestead Exemption24..084
# of Accounts with Over -65 Exemption 72a
# of Accounts with Disabled Exemption 1.312
# of Accounts with Veterans Exemption 678
# of,A.griculture-Use Accounts 242.
# of .Exempt Accounts 482
2007 Taxable Value $5d8_2.328.543
RECEIVED BY: DATE:
EXHIBIT "A"
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5
September 25, 2007
Consider authorizing the City Manager to execute a new labor agreement with the Beaumont
Police Officers Association
V0ftW�
••••.. City Council Agenda Item
.1m I&
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: September 25, 2007
AGENDA MEMO DATE: September 21, 2007
REQUESTED ACTION: Council consider authorizing the City Manager to execute a
new labor agreement with the Beaumont Police Officers
Association
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
The existing labor agreement with the Beaumont Police Officers Association expires on September
30, 2007. The City and Association have been negotiating a new agreement since May of this
year.
The new labor agreement would commence October 1, 2007 and expire on September 30, 2011.
The substantive parts of the new agreement include the following:
The agreement provides for a 5% wage increase effective October 1, 2007; 5% on October
1, 2008; 5% on October 1, 2009 and 4% on October 1, 2010.
Effective January 1, 2008, police officers will contribute the same amount in monthly
premiums for medical insurance as civilian employees. Employees with one dependent
will pay $140 per month effective January 1, 2008. Employees with two or more
dependents will pay $190 per month. Police officers with two or more dependents
currently contribute $165 per month for medical insurance. In future years, the City may
increase the monthly premium rate for officers by the same percentage increase as for
civilian employees not to exceed 12.5% per plan year. For example, if the City increases
the monthly premium rate for civilian employees by 5% effective January 1, 2009, the
monthly premium rate for officers with two or more dependents would be increased by
$9.50 to $199.50.
Language has been added in the Duration Article stating the City presently intends to
continue the agreement each fiscal year through the end of its term, and to fully perform
all of the obligations of the City. It further states "all obligations of the City shall be paid
only out of current revenues or any other funds lawfully available therefor and appropriated
for such purpose by the City Council, in compliance with the Texas Constitution, Article
XI, Sections 5 and 7.
A copy of the tentative agreement between the City and Association is attached for your
review. New language is in bold print and language that will be deleted in the new
contract has been lined through. The new labor agreement is recommended by the City
Manager, Police Chief and CFO.
BUDGETARYIMPACT
Funds are available in the proposed FY 2008 Budget to fund the 5% wage increase effective
October 1, 2007.
LABOR AGREEMENT
BETWEEN THE CITY OF BEAUMONT &
THE BEAUMONT POLICE OFFICERS ASSOCIATION
OCTOBER i, 2007 [2-0"] -SEPTEMBER 30,201, [2$o7]
TABLE OF CONTENTS
Article Provision
Pa.e
19
PREAMBLE
20
INTENT AND PURPOSE
21
DEFINITIONS
1
RECOGNITION
2
DISCRIMINATION
3
MANAGEMENT RIGHTS
4
MAINTENANCE OF STANDARDS
5
NO STRIKE - NO LOCK -OUT
6
UNION REPRESENTATIVES
7
UNION BUSINESS LEAVE
8
PAYROLL DEDUCTION OF DUES
9
GRIEVANCE PROCEDURE
10
PROBATION AND SENIORITY
11
PROMOTIONS
12
WORKING OUT OF CLASSIFICATION
13
HOURS OF DUTY AND WORK SCHEDULES
14
SHIFT EXCHANGE
15
CLOTHING
16
LEAVE
17
HOLIDAYS
18
WAGES
19
SHIFT DIFFERENTIAL
20
OVERTIME, CALL-BACK AND STAND-BY PAY
21
LONGEVITY PAY
22
INSURANCE
23
GENERAL PROVISIONS
24
CIVIL SERVICE
25 SELECTION
26 COPIES OF AGREEMENT
['2 Q A 17TNTfICIiT7Lj
v. ,1c
22 STABILITY OF AGREEMENT
28 POLICE OFFICER'S BILL OF RIGHTS
29 IMPASSE PROCEDURE
3v RETIREMENT
3-11-331 DURATION OF AGREEMENT
332 SAVINGS CLAUSE
APPENDIX "A" — SCHEDULE OF WAGES
[APPENDIX PPENDIX "B" -PROMOTIONAL 1r X A AIP L'l
APPENDIX "B" [° — Ten Hour Shifts J
2
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
This agreement is made and entered into by and between the City of Beaumont, a municipal
corporation domiciled in the State of Texas, herein referred to as the "Employer," and the
Beaumont Police Officers Association (BPOA), hereinafter referred to as the "Union."
INTENT AND PURPOSE
It is the general purpose of this agreement to promote the mutual interests of the Employer
and its employees; to provide for equitable and peaceful adjustment of differences which
may arise; to establish proper standards of wages, hours and other conditions of
employment which will provide and maintain a sound economic basis for the delivery of
public services; and to provide for the operation of the services delivered by the Employer
under methods which will further, to the fullest extent possible, economy and efficiency of
operation, elimination of waste, realization of maximum quantity and quality of output,
cleanliness, protection of property and avoidance of interruptions of service. The parties to
this agreement will cooperate fully to secure the advancement and achievement of these
purposes.
DEFINITIONS
For the purposes of this Agreement, the following definitions shall apply:
A. "Chief' means the Chief of Police of the Beaumont Police Department or his
designee.
B. "City" means the City of Beaumont.
C. "CLEAT" means the Combined Law Enforcement Associations of Texas.
D. "Department" means the Beaumont Police Department.
E. "Director" means Director of the Beaumont Fire and Police Civil Service
Commission.
F. "Employee" means a sworn police officer who is a member of the bargaining unit.
G. "Employer" means the City of Beaumont.
H. "Officer" means any sworn officer who is a member of the bargaining unit.
I. "Union" means the Beaumont Police Officers Association.
Pronoun Use
Unless otherwise stated, it is understood and mutually agreed that masculine and feminine
pronouns refer to, and include, both genders equally.
ARTICLE 1
RECOGNITION
Section i. The Beaumont Police Officers Association, hereinafter referred to as the
"Union," having qualified for exclusive recognition and having been designated by a
majority of the employees in the unit as their representative, is hereby recognized by the
Employer as the sole and exclusive bargaining agent for the employees in the bargaining
unit in matters concerning wages, rates of pay, hours of employment, or conditions of work
affecting police officers in the unit.
Section 2. It is agreed that the bargaining unit, covered by the terms of this agreement,
shall consist of all full time police officers with the exception of the Chief of Police [_
,.� r ,-.. l ; + , tAs ] of the
.`�£z-<`.�caiis��ae�tr�-Iiiczac��zrca � y
Department. Recognizing that legislative proposals relating to public employee labor
relations may be under consideration at both State and Federal levels, the Employer and the
Union agree that membership in the bargaining unit may be adjusted as new legislation
may become applicable.
Section 3. The Union recognizes the City Manager or his designated representative or
representatives as the sole representative or representatives of the Employer for the
purpose of collective bargaining.
Section 4. The rights of the Union, as sole and exclusive bargaining agent, include sole
and exclusive payroll deduction of dues from employees paychecks for Union membership;
sole and exclusive access and use of the Union bulletin boards; and sole and exclusive
representation rights under the grievance procedure herein.
ARTICLE 2
DISCRIMINATION
The Employer agrees not to interfere with the rights of police officers to become members
of the Union and to maintain such membership. The Employer shall not discriminate
against any employee because of his lawful Union activity. The Union agrees that it will not
interfere with, coerce or intimidate any employee into joining the Union. The Union
recognizes that no employee is required to join the Union, but that each employee has the
right to choose of his own free will as to whether or not he will or will not join the Union.
The Union further agrees that there will be no interference with the free right of any
employee of the Employer to enter and leave its premises and property unmolested and
without harassment. It is the mutual obligation of the Employer and the Union to assure
that no employee shall be subject to any discrimination because of race, religion, color, sex,
or national origin.
4
ARTICLE 3
MANAGEMENT RIGHTS
Except as otherwise specifically provided herein, the direction of the work force and the
management of the Department, including, but not limited to, the right to hire, the right to
discipline or discharge for just cause, the right to decide job qualifications for hiring, the
right to lay off for lack of work or funds, the right to abolish positions, the right to make
rules and regulations governing conduct and safety, the right to determine the methods,
processes and manner of performing work of employees, the determination of policy
affecting the selection of new employees, the right to establish work performance
measurements and standards and to implement programs to increase the cost effectiveness
of departmental operations if research dictates the need for such programs, are vested
exclusively in the Employer.
Except in situations of emergency, it is agreed and understood that whenever the Employer
intends to exercise its contractual managerial prerogatives in a manner which will have
impact upon employees covered under this agreement, the Employer shall notify the Union
at least thirty (30) calendar days in advance of its intent to change, modify, rescind or
institute any new policy or order which affects the employees and take into consideration
any written responses made by the Union prior to implementation of any such change and
afford the Union an opportunity to confer with the Employer.
ARTICLE 4
MAINTENANCE OF STANDARDS
Nothing contained in this Agreement shall be construed as repealing any lawful, recognized
benefit provided through the Department for employees of the Department, and no
employee shall inadvertently suffer any loss of wages, or hours by reason of the signing of
this Agreement.
ARTICLE 5
NO STRIKE - NO LOCK -OUT
Section 1. The Union agrees that, during the term of this Agreement, it will not authorize,
ratify, encourage, or otherwise support any strikes, slow -downs, picketing, or any other
form of work stoppage or interference with the business of the Employer, and will cooperate
with the Employer in preventing and/or halting any such action. Employer agrees that it
will not authorize, ratify, encourage, or otherwise support any lockout during the term of
this Agreement.
Section 2. The Employer may discipline and/or discharge any employee who instigates,
participates, or gives leadership to any act or conduct prohibited by Section 1 of this Article.
The Employer may also invoke any remedies authorized by Section 174.205, Local
Government Code, in the event of any strike, work stoppage, or slow -down.
ARTICLE 6
UNION REPRESENTATIVES
Section 1. A written list of Union executive officers shall be furnished to the Employer
immediately after their designation and the Union shall notify the Employer of any changes.
The Union shall designate not more than nine [eight- .] executive officers. The Union
officers and the Union President or his designee shall be granted reasonable time off during
working hours without loss of pay to investigate and settle grievances, consider and prepare
responses to management initiated proposals, participate in arbitration or court actions
involving the Union, and represent unit employees in formal disciplinary action
proceedings, provided that the officer(s) advise their commanding officer. Permission may
be withheld due to emergency operating requirements by the commanding officer, but will
not be unreasonably withheld.
Section 2_ Union officers, board members, committee members and stewards will be
given reasonable time off to attend a reasonable number of Union [beaf-d] meetings held
on Employer's premises or within the corporate limits of the City.
Section g. Grievance Committee members will be given reasonable time off to attend
Grievance Committee meetings.
Section 4. Management agrees to allow the Union to have space in any [fhe] police
[stati$n] facili for board meetings, grievance committee meetings, other committee
meetings and general meetings subject to space availability. The Union shall give the
Chief of Police three (3) calendar days written notice of its intent to use any
police facility. The Chief of Police may not unreasonably deny such use.
Section 5. To enable the Union to expedite the preparation of contract proposals, the
Employer agrees to allow the Union President reasonable time off for such purpose and to
allow reasonable time off to other members to assist subject to the approval of the Chief.
ARTICLE 7
UNION BUSINESS LEAVE
Section 1. All employees covered by the terms of this Agreement who are members of the
collective bargaining team, not to exceed four (4), shall be allowed time off to negotiate if
they are scheduled to work at that time.
Section 2. [Three - (o] Elected Union officials shall be allowed to attend the monthly
BPOA meeting without loss of pay or benefits if said meeting occurs during the official's
regular tour of duty. The Union shall make a reasonable effort to conduct its
C7
meetings within three (3) hours. No overtime shall result relating to the
officials attending the meeting. Officials may be called back to duty in an
emergency.
Section 3. Up to three (3) Union officials, shall be granted time off without loss of pay or
benefits to attend the semi-annual CLEAT board meeting, for a total aggregate of not to
exceed fifteen (15) working days per year.
Section 4. Union officials may be granted time off without loss of pay or benefits to attend
a reasonable amount of labor orientated training sessions or seminars subject to approval of
the Chief. Approval by the Chief shall not be unreasonably withheld. The Union
[ter"Tz�ti�] will be responsible for the payment of travel expenses and training fees.
ARTICLE 8
PAYROLL DEDUCTION OF DUES
Section i. The Employer agrees to deduct, once each month, dues and assessments in an
amount certified to be current by the Secretary -Treasurer of the local union from the pay of
those employees who individually request, in writing, that such deductions be made. The
total amount of deduction shall be remitted, each month, together with the names of the
employees from whom dues have been collected, by the Employer to the Secretary -
Treasurer of the Union. This authorization shall remain in full force and effect during the
term of this Agreement.
Section 2. In the interest of harmonious and stable relations between parties, at the time
of employment, the Union will inform each new employee that the employee may
voluntarily execute an authorization of voluntary salary allotments for the payments of
dues, should the employee desire to join the Union.
Section 3. The Union shall forward to the Employer a copy of all authorizations or
cancellations of voluntary deduction of union dues by employees in the unit.
Section 4. Employer agrees no charge will be assessed for deduction of dues from
employee pay.
Section 5. The Employer agrees to continue said deductions during the term of this
Agreement and will do so until a new agreement is put into effect, even if this Agreement
expires.
Section 6. The Union shall indemnify, defend and hold harmless the Employer from any
claim or cause of action brought by any employee resulting from the operation of this
Article.
Section 7. Unless there are exigent circumstances, payroll checks will be made available
on Thursday prior to payday at 4: oo p.m. in the Finance Office to be picked up by the Police
Department representative.
7
ARTICLE 9
GRIEVANCE AND DISCIPLINARY APPEALS PROCEDURE
Section 1.
The purpose of this grievance and disciplinary appeals procedure is to establish
effective machinery for the fair, expeditious and orderly adjustment of grievances and
disciplinary appeals. A grievance is defined as any dispute involving the interpretation,
application or enforcement of a specific clause of this Agreement. [; ] The disciplinary
appeals procedure shall include any demotion, suspension or termination for
disciplinary purposes of any employee. Employees who are members of the
bargaining unit may bring disciplinary appeals, but only the Union and the
Employer may bring contract grievances. [(" ri ,,- _nees may be filed by the k -i fl:� the
► I ;-oi=ftny-e itAieyee.-1 Management agrees to allow the Union grievance committee
access to a suitable location for grievance committee meetings.
Section 2. Disciplinary Appeals [Grie ane s].
In the original written statement and charges and in any hearing conducted under this
Agreement, the Chief may not complain of an act that occurred earlier than the 180th
calendar day preceding the date the Chief suspends the officer unless the act is discovered
after the 160th calendar day following its occurrence, in which case, the Chief has an
additional thirty (30) calendar days to suspend the officer. The Chief shall certify the date of
his discovery of the act in question to the employee (-Uni-(�n I in writing.
o�nt«
s1ift11-��k-�
{.., rracrcic,-sciice-cac�rrsT�s-c�rr,,�, srcacci=nc�aau� sccrtclari�—r-cc, "
days of the date uponwhieh the ernp.lovee knew or- sl-loulff-I known of the eeeE+tv-nee
014.
A. [B-.] Any employee who is [aggfieved--bet tee- 4- j demoted, suspended or
terminated as a result of a disciplinary action or his attorney [terminal -ion.. shall.]
may file a written appeal that includes the basis for the appeal and a request for
arbitration. The appeal must also contain a statement denying the truth of the
charge as made, a statement taking exception to the legal sufficiency of the
charge, a statement alleging that the recommended action does not fit the
offense or alleged offense, or a combination of these statements (repoi
the nature an'. deia ] with the Chief within
fifteen (15) calendar days of the date the employee was served written notice of the
disciplinary action [apon IONYR Of the
������rc-�-�-eve-ri;�e--ts�--t#�e---g�ienfie � • � I-f-��f�t---rex-1r � ite �riev�te--:Tl��rll-tae
fc"s'r•`s�ur�`, i tv tiit i,aic" ivr,.,"��]
M
B. [C.] A disciplinary appeal [ ievanee] not filed [1 3 gl t tl matt io �f
the TUnion rie - ittee] within the time limit described shall not be considered
timely and shall be void.
C. [�] The time limitations described herein may be waived by mutual agreement
in writing by the aggrieved employee or his attorney and the appropriate management
official.
[ tit} L if yef= 1 ltial-Hnit-d:te-gfievanee - Gspeeified above to the Union's g
itl int# i e-1 ati m
t
t rog i Ava ref ; tl e �ittee gl all flfltera int�if l i e, mwe i��ts ....lf; i r he opinion7oTf
-1-s of the Union vlll not-pepfe� the
It f abfee � s Ian -Clic-+*A reit .
41,
() ealehhc ar -days'
/ut- chic: p!mployee, presen
D. [G. II The Chief shall render a written decision regarding grievances of demotion,
suspension or termination within seven (7) calendar days of the date said grievance was
filed with the Chief. If the grievance remains unresolved, said grievance, if submitted, must
be filed with the office of the City Manager. Said grievance must be filed within seven (7)
days of the date the Chief rendered or should have rendered a written decision.
E. [ H-: j The City Manager shall render a written decision regarding grievances of
demotion, suspension or termination within seven (7) calendar days of the date the
employee filed said grievance with the City Manager.
F. [C. is t f� vanc in tm ,,(Avc The employee [ef mrt ittee] or his
attorney [Ats fepresenticitive] may request that the disciplinary action [gfievanee] be
submitted to arbitration.at tax gf ie an �febe itted to
ad re ` -
eih,,z�.�c, 1Rager
with dai=s--rf1n� tlf..fi�tc��E� Citi= Maeger€►�#cue s}t�ifi lie
G. Any employee who is passed over for promotion may file a written
appeal with the Chief of Police within fifteen (i5) calendar days of the date the
employee was served written notice of being passed over for promotion The
written appeal by the employee may be filed by an attorney of the employee's
choice. The Union and the Employer agree that while a "promotional
Passover" does not constitute discipline, the procedure for addressing such
appeals shall be the same as that of a disciplinary appeal
H. The Chief of Police and the employee can enter into a written
negotiated agreement regarding discipline with written approval of the City
Manager.
Section 3. Contract Grievances.
A. A grievance involving the interpretation, application or enforcement of a
specific clause of this Agreement by one or more employees shall be brought to
the attention of the Union grievance committee in writing within thi o
calendar days of when the employee knew or should have known of the
grievance. The Union may bring a grievance that is an on-going practice by the
City which affects the bargaining unit as a whole ("Class Action") within thirty
(go) calendar days of when the Union knew or should have known of the
grievance.
Within thirty (no) calendar days of receipt of the grievance, the grievance
committee shall determine if a valid grievance exists If, in the opinion of the
grievance committee, no grievance exists or the Union denies the grievance,
the grievance committee shall notify the employee If the Union accepts the
grievance, the Union shall, within seven (7) calendar days of accepting the
grievance, present written notice of the grievance to the Chief of Police for
adjustment.
It is the intent of the parties to attempt to resolve disputes and
grievances over the application, interpretation and enforcement of the
Agreement at the lowest level. Nothing herein shall prevent the Union from
meeting and conferring with the City Manager, Chief of Police or their
designees in an attempt to resolve the alleged grievance before the time limits
expire. The Union grievance committee may invite the City Manager, Chief of
Police, or their designees to submit for the grievance committee's
consideration any evidence that the grievance has been addressed or resolved
in a previous grievance or an arbitrator's award
eftntig g the
off E?i: £��iiE3�'E�£'�I�E'i�� H�x�-ipeeifit--P�z` :tse--of14ii iAgT-E',E:',ment-,,+hull he
RgN 'Lin ea e
C in -1 �rw of-tl ttr.3 i e er oeeufrcl��s diat gi+t e iism tothe
gr-iovan]
B. The Chief shall render a written decision to the Union President or his
designee within seven (7) calendar days of the date the Union filed said grievance with the
Chief.
C. If the grievance remains unresolved, the Union [eemmittee]
may submit said grievance to the [ c4ie-of-the ] City Manager. Said grievance, if submitted,
must be filed within seven (7) calendar days of the date the Chief rendered or should have
rendered a written decision.
10
D. The City Manager shall render a written decision within seven (7) calendar days
of the date the Union filed said grievance with the City Manager.
E. If the grievance remains unresolved, the Union [ ' ' j
may request that the grievance be submitted to arbitration. If the Union requests that the
grievance be submitted to arbitration, said request must be submitted in writing to [the
of tee- fl the City Manager within seven (7) calendar days from the date the City Manager
rendered or should have rendered a written decision.
F. A grievance and/or a written request for arbitration not filed within the time
limitations specified herein shall not be considered timely and shall be void.
G. The time limitations described herein may be waived by mutual agreement in
writing by the Union or their attorney and the appropriate management official.
Section 4. Arbitration.
A. Either party may request the Federal Mediation and Conciliation Service (FMCS)
or American Arbitration Association (AAA) to provide a list of arbitrators in accordance
with its selection rules. Either party shall have the right to reject the list submitted by FMCS
or AAA once only or by mutual agreement of the parties. In that event, the FMCS or
AAA will be requested to submit another list. The parties shall select an arbitrator from the
list. The parties, by mutual agreement, may select to use AAA expedited rules.
B. The powers of the arbitrator shall be limited as follows:
1. He shall have no power to add to, subtract from, or modify any of the terms of
this Agreement.
2. The arbitrator shall deal only with the disciplinary appeals, promotional
passovers or contractual grievance or grievances that occasioned the
arbitrator's appointment.
C. The decision of the arbitrator, if within the scope of the arbitrator's authority,
shall be final and binding upon the parties.
D. The Union and the Employer shall equally share the costs and expenses for the
arbitrator's services. Either party desiring a transcript of the arbitration hearing shall be
responsible for the cost of such transcript.
E. Except as otherwise provided for in Article 9 Grievances, with respect to
appeals of suspensions, indefinite suspensions, promotional passovers and demotions, the
Employer and Union hereby agree that the administrative procedures for arbitration
hearings and the respective rights of employees in such proceedings shall be governed by
the Texas Local Government Code, Section 143.057•
11
F. The powers and duties of the designated arbitrator or hearing examiner in such
proceedings are as prescribed by the Texas Local Government Code, Section 143•057(fl,
which shall include, but are not limited to, the right to subpoena witnesses.
G. The Union agrees that, on behalf of its members individually and
collectively, with the adoption of this grievance procedure herein, the employee hereby
relinquishes the right to appeal to the Civil Service Commission and/or appeal the
designated arbitrator's final decision to the District Court except as provided by the Texas
Local Government Code, Section 143.057(1)•
(H) The arbitrator shall be empowered to determine whether an issue is
subject to arbitration pursuant to this Agreement.
ARTICLE io
PROBATION AND SENIORITY
Section i. Probation.
A. Employees shall be considered to be probationary for a period of twelve (12)
consecutive months from the date of commission as a Beaumont police officer. The Chief
may extend the probationary period one time for an additional ninety (go) calendar days
upon notification in writing to the Union and the employee of the reasons. A probationary
period may be extended in excess of ninety (go) calendar days due to extenuating medical
circumstances not to exceed one (1) year.
B. The Union may accept probationary employees as members at -large, but they are
not to be considered as protected by this agreement. The Union may provide advice, or
representation, to the probationary employees only as allowed by law.
C. During the probationary period, an employee may be disciplined for any
reason, without recourse to the grievance procedure.
D. Article 1o, Seniority, Section 2, shall not apply to a probationary employee.
E. Article 14, Shift Exchange, shall not apply to a probationary employee.
F. Duty hours and work schedules of probationary employees maybe altered at any
time deemed appropriate by the Chief of Police or his designee.
Section 2. Seniority.
A. Seniority in grade or rank shall be the determining factor in vacation leave,
splitting of vacation, days off, and annual personnel shift assignments. The Employer may
make job assignments based on job skills and qualifications. In the event applicants have
comparable skills, seniority in grade or rank shall be the determining factor. The Chief shall
12
determine which officers will attend the training schools. Seniority from the date of
commission as a Beaumont police officer shall be the determining factor in all layoffs or
recalls.
B. The Union President (if desired) shall be assigned to the day shift to permit said
officer to attend to Union business. This assignment shall at no time adversely
affect any other employee with respect to shift and days off. [Slttklno pesft-itm
g ,
l t ll swap a ig then t' j
ate t"--(Itffifig the (htfs ti rt 11 1 t1 -of Pfesi "t: tis
(. ei! eefs
C. For the purpose of this Agreement, seniority shall be considered to be continuous
service from the last date of appointment as a commissioned police officer with the
Department. Continuous service shall include periods of leave without pay, which have been
approved by the Chief and City Manager.
D. Layoff and recall shall be pursuant to Section 143.085, Local Government Code.
ARTICLE ii
PROMOTIONS
Section i. Except as provided for in this Article, all written promotional
examinations shall be made in accordance with Municipal Civil Service, Chapter 143, Local
Government Code. Written promotional examinations shall be given between the ninetieth
(90th) and one hundred and twentieth (120th) day of the effective date of the vacancy. [The
Br pl br- ��t#re �e ;e c tt 1 tet=l f>et -as c th In Seetion 8-btit f:�rrk tf l e
Umployef stipulates its intention to do so when pos-li-H.- +-I,-
fo +t £iiaptt t4>:._.:Fr{ani{>tit>tt frex t1r �..:teast:tltit eligi rli 1i ll e e cl as s� : t} as
p ,s. ible after the elig bilit . list has been eerti fieri.] Except for review and appeal of
promotional examination questions pursuant to Section 143. 034, all other
promotional grievances shall be determined by arbitration pursuant to
provisions of Article 9 of this Agreement.
Section 2. Promotional Examinations.
Promotional examinations for Grade II (Sergeants) shall be open to all employees
who have held a continuous sworn position with the Department for five (5) years or more
(immediately prior to the effective date of the vacancy). For purposes of this
paragraph, "continuous " shall include any term of service in an appointed
position pursuant to 14.j.014 of the Texas Local Government Code. Promotional
examinations for Grade III (Lieutenants) and Grade IV (Captains) shall be open to all
employees who have held a continuous position for three (3) years or more (immediately
prior to the effective date of the vacancy) in the classification immediately below the
classification for which the examination is given.
13
a. All seniority points given for promotions shall be based on continuous service in
��, the Tlep tfn-,,,T u to a maximum of ten to ears of service for
grade [;��it�-C��-����z�rr��,a��] p ( ) Y
Grade II.
b. Seniority points for Grade III and Grade IV promotions shall be up to
a maximum of five (5) years of continuous service in grade.
The effective date of vacancy shall be the last day of employment by the individual
who is leaving the position that will be made vacant.
Section 3. Test material for all promotional examinations may include all or any
combination of the following:
a. Texas Penal Code;
b. Texas Code of Criminal Procedures;
c. Texas Traffic Laws;
d. Texas Family Code;
e. Texas Drug Laws;
f. Beaumont City ordinances; and
g. Rules, regulations and written directives of the Department.
Section 4. Test material for Grade II (sergeant), Grade III (lieutenant), and Grade IV
(captain) promotional examinations may also include up to four (4) outside sources of
reading material chosen by the Civil Service Director. The sources must pertain to the
respective duties of the position being sought.
Section 5. If more than two (2) outside sources of reading material are selected, reduction
of the sources shall be accomplished by limiting the number of chapters from which test
questions may be derived to approximately fifty percent (50%) of the total volume of
sources.
Section 6. An eligibility list established as a result of the examination shall expire one (1)
year from the date of the written examination unless the examination is held to
be invalid. �who�-tl�°aserlt4..wt'teec�tihti.1=..tl.Ea._C�;il'f�~vietnisslf�].
Section 7. The Chief may appoint from the rank of Grade II with io years or more
of seniority as a Grade II, Grade III and Grade IV [staff of the Dep tmeRfl, at the
Chief s sole discretion, two (2) positions below the rank of Chief. Those appointed shall
serve at the pleasure of the Chief and may be demoted to their previously held civil service
rank without cause. In no event shall any demoted appointee cause another employee to be
demoted because of their returning to a civil service position. The Employer shall authorize
additional staffing positions in order to avoid such "bumping"; however, the Employer may
reduce the extra staffing positions later by attrition in order to return to the previous
authorized number of positions.
[ ee i -If4h E pk)N-ei eh t lc3pt z s es nt,eentei, p ees,Yffw )mfAk*
examinations +,,, i` . a� TT TTT it? +1, 11 .—Owing .,1,,11 .11,
14
� O
3tioni teandi i 'fl3 'E'
+, 4-1
the Nvfitt.en.
r
examination,
pr
leis
._ b examination,fee oints (83) on the wfitten
the employee���
fffR ed «. ai S pa's"ll
„lr„-ter,.- ha-ving.n.laann+; ,1 oFe +„ +h, t,,,,+1, i,r,t�+1 position shall 1,, eligible to
at.
t-�-:-1�����--�1rfs.����_.�.,�f3.��f��--�--���fl�l-e--���t�a}��i;�-...4�1-���---�r•���ft�ic�-a�-1--�f���-f-�--���-1-
detef nined by an assessme. entef seleetion proeess eonsistingfoll-
i. A -,.;++
ise NYil flf jf r 1 c f if
�
men(A LiF. t,,, -si:t Ae f ttef the exefeise and the ti me 1 ifl w44� we— titermi tiff
2 -A, A,.e fbal exereise shall be +i-niste -assessof s -.-T xis-srh � nsist o
rtttfaff-mial neat ii f'i7 f'fl t'?ff'fE'isf'; eii f a f E)�e }laic f',?ff'fE'& iE'followed--4vf 1lE' it3ons fit3ft3-the
assessofs .
alAf exefe-is ' niaPNI R I iia f1- e lf: to e+-pleyee;-lif -we, _ °. -
3. The11
depaftment loeated at least fifty -€�f tfffff=rlkt
ec�i�l�-fit lf��t f�1�e-13"dfed
i% -c - i t ^ r,1 7f n n
LTJ- C'F�L'TI TI-T�iLZ3e 7. ._,. . ti shall.as, the position
i�flif � sfx� :til € t1re ,f ssf f.4;
"hal i4)e--)ftlu-saflif Taff err i of-tl ffl lie ��f i if�g
ah+ The Union .,1, ,11 „ an
�ra�i< 4TT3'II'Li'L'I'Coese one (A I assessof, the Chief shall ehoose
tl f 3ff �f lfafil eilf
one 0) assessof-.. ),ra._• list 4...:f1-f�-f e%twi
C,C,U LIPOR Dy the Chief an-.'. the -I I Iff Paore than thFee (3) assessors afe
f'f'i�ikii'f'fl:,_ t lit -ffl aid` ��fa..:sfx, k-� teff-f;f�tfaa ii-�:._sfs _�ffft l -i frE�l- rtl�f:��=e.
4.-- The assess3fs iii f�� i�f��ef�f a�f��f �=i11� ll�eff��, being
f��i-lfiE�f�f�-f�ssl�f:=f-�t-ff€a�f�-�„-�Af�1-�1f�t°eift-tl�e-�ffM;f�l�f� taf��� f�tl-f.•-zfssc?�sf�r-tffrtil-a#�rA�
15
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ARTICLE 12
WORKING OUT OF CLASSIFICATION
Any employee who is ordered to temporarily fill a position in a higher classification shall be
paid the base salary of such higher position; provided, the employee works a minimum of
eight (8) consecutive hours in the higher classification.
ARTICLE 13
HOURS OF DUTY AND WORK SCHEDULES
Section 1. Other than as set forth in this Article, work schedules and hours of work for
employees during the term of this Agreement shall be those in effect on the date that this
agreement is signed by the parties hereto. The four (4) shifts (9:0o p.m. to 7:3o a.m.,
6•0o a.m. 10 4:30 P.M., 11.00 p.m. to 9:�o p.m., 4:00 p.m. to 2::;o a.m. 14"- o
(thirty (30) minutes of which is a meal break) for employees assigned to uniform patrol
activities. [and] As determined by the Chief, shifts for some or all employees assigned
to the Criminal Investigation Division may consist of four (4) 10 hour shifts per
week or five (5) 8 hour shifts per week from (8:0o a.m. to 5:00 p.m. (one (1) hour of
which is a meal break) [s g
The Chief may alter the duty hours and work schedule if the Chief notifies the Union in
writing at least forty-five (45) calendar days prior to the proposed change. Duty hours and
work schedules may also be altered without the notice requirement by mutual agreement
between the Employer and the Union. In the event of an emergency, duty hours and work
schedules may be altered at the sole discretion of the Chief.
Section 2. The Chief may set a temporary work schedule or change duty hours for
sergeants assigned to the uniform patrol division, not to exceed two (2) hours prior to their
regularly assigned shift, for such reasons related to shift and report preparation.
Section 3. Employees assigned to the below listed specialized units may have flexible
schedules and duty hours to accommodate the needs of the community or to accomplish
specific tasks related to their assignment. However, employees will not be required to work
split shifts. The Employer shall advise employees of this flexibility upon application to said
units and employee agreement shall be a condition of acceptance into said units. Employees
currently assigned to such units shall be given the opportunity to acknowledge acceptance.
The designated specialized units include: Community Oriented Policing, Police -
Community Relations, Housing Unit, Auto Theft Task Force, [`' '•' Taeties and
17
Respo s' K-9 Unit, Street Crimes Unit, [Pf:)1-iee
+,z-;+� T., 'U if-'-zAI ;] Traffic Unit [: r'otif'---11111; and Narcotics and Vice Unit. If an
employee is called out, the city agrees not to reduce his hours for the purposes of avoiding
the payment of overtime.
Section 4. Employees shall be paid overtime based upon a forty (40) hour workweek in a
seven (7) day cycle. This includes officers assigned to work in specialized units.
ARTICLE 14
SHIFT' EXCHANGE
Section i. No employee will be forced to change shifts on a rotation basis.
Section 2. Employees shall have the right to exchange shifts temporarily no more than six
(6) times per calendar year when the exchange does not interfere with the operation of the
Department, and with permission of their respective commanding officers.
Section g. This article is not intended to curtail the right of staff officers to change the
shifts of individual employees insofar as it involves matters of individual work performance.
Section 4. Recognizing that zone assignments may require the assessment of a number of
factors that may vary depending upon the particular zone involved, the Employer maintains
the right to make all assignments in accordance with its determination of what is in the best
interest of the Department. In making such assignments, consideration shall be given to
preferences of employees based upon seniority. Should an employee feel that a
misapplication of this provision has occurred, the employee may file an informational
complaint with the Union Grievance Committee for review. Should the committee concur
with the employee, the union shall forward the complaint to the Chief and the City Manager
for their review and information.
Section 5. Except in the case of an emergency, or unless operational circumstances
require otherwise, job vacancies will be brought to the attention of employees so that those
interested in a vacant position may express their interest to the Division Commander who is
responsible for selection. Notice of vacant positions will be in the form of a staff
memorandum or email to all staff officers. Each staff officer will make a reasonable effort to
assure that all eligible employees under his command are aware of the vacancy. Employees
who are interested in a vacant position should contact the appropriate Division Commander
in writing. Before the vacancy is filled, employees will be allowed a reasonable amount of
time to apply. Skills, knowledge, abilities, training, previous experience and seniority shall
be considered by the Employer.
Although not subject to the grievance procedure, should an employee feel that a
misapplication of this provision has occurred, he may file an informational complaint with
the Union Grievance Committee for review. Should the committee concur with the
employee, the union shall forward the complaint to the Chief and the City Manager for their
review and information.
18
ARTICLE 15
CLOTHING
Section i. All uniforms, five (5) uniform shirts and five (5) uniform pants, protective
clothing or protective devices, hats, jackets, raincoats, and all leather and web gear except
holsters and footwear now provided employees shall be furnished without cost to the
employees by the Employer.
Section 2. If the Employer orders employees to purchase leather and web gear different
from what they are wearing as of the execution of this Agreement, the Employer shall
reimburse the employee or supply the leather and web gear.
Section 3. The Employer shall repair or replace all uniforms and reasonable personal
equipment lost or damaged in the line of duty by employees.
Section 4. Each plainclothes employee shall receive a clothing allowance of $67 per
month.
Section 5. Each employee shall receive a clothing maintenance allowance of $25.00 per
month.
Section 6. Each newly appointed employee may submit a reimbursement request in [the]
an amount up to [of] $boo for the purchase of a new protective/ballistic vest. An employee
may submit a reimbursement request in [the] an amount up to [] $60o for the purchase
of a new protective/ballistic vest if his vest is over five (5) years old. The reimbursement
request will be on a form(s) approved by the Chief. After the execution of this Agreement,
officers who request reimbursement under this section for the purchase of a new
protective/ballistic vest shall be required to wear the vest when on duty and in uniform,
unless exempted by the chief. Additionally, in special circumstances that may involve officer
safety, the Chief reserves the right to require any reimbursed officers, whether plain -clothed
on duty or off duty in uniform, to wear their vest while performing police -related duties.
ARTICLE 16
LEAVE
Section i. Vacation.
A. Full-time regular employees shall accumulate vacation in accordance with the
following schedule:
Completed Years
of Consecutive Service
After 1 year
After 5 years
After 8 years
Accumulated Hours Per
Pay Period
19
3.08
4.62
5
After 11 years
5.5
After 14 years
6
After 17 years
6.5
After 20 years
7
After 23 years
7.5
After 26 years
8
After 29 years
8.5
After 32 years
9
After 35 years
9.23
B. Employees with nine (9) years or more consecutive service who do not use more
than forty (40) hours of sick leave in a calendar year will have eight (8) hours of vacation
time added to their normally accrued vacation time.
C. In computing the length of time during which an employee may be absent from
work for vacation, only those calendar days during which the employee would be required
to work if the employee were not on vacation shall be counted as vacation days.
D. Any employee with more than one (1) year's service as a commissioned police
officer with the Department who is separated from service by reason of resignation, death,
retirement, or discharge shall be compensated in cash for all accumulated unused vacation
hours at the regular rate of pay at the time of separation.
E. Vacation leave begins to accrue upon employment, but may not be used by an
employee until that employee has completed one (1) year of service with the Employer.
Thereafter, upon proper approval, those accrued hours may be used.
F. An employee shall be able to carry over a maximum of one hundred and sixty
(160) hours of vacation hours into the next calendar year.
G. Any employee who has not used more than forty (40) hours of accrued sick leave
in the calendar year will be eligible to sell back unused vacation accrued in the previous
year. After the employee has used at least 8o -hours of such vacation leave, the employee
may sell back up to 8o -hours of such vacation leave, the employee may sell back 8o -hours
of the remaining vacation accrued in the previous year for cash at their current rate of pay.
Written notification of the employees' desire to sell vacation must be submitted to payroll
on or before June [Jamiaryj 15 of the following year and payment will be made in the first
full pay period after October [F f -d 15. Payments made under this provision do not
become part of the base wage, nor will such payments be used to calculate any other benefit
unless required by law.
Section 2. Sick Leave.
A. Employees shall accrue ten (10) hours of sick leave for each month of service
during the fiscal year.
20
B. Any employee incurring a non -duty sickness or disability shall be eligible to use
their accrued sick leave with full pay.
C. Each employee shall accumulate sick leave from their first day of employment
and shall continue to do so as long as they are employed.
D. The Employer shall provide injury leaves of absence with full pay for periods of
time commensurate with the nature of injuries received while in line of duty for at least one
(1) year. At the expiration of said one (1) year period, the City Council or governing body
may extend such injury leave at full pay, reduced pay, or leave without pay. The Employer
shall retain its subrogation rights under existing state law.
E. In the event that an employee with two (2) or more years of service for any reason
leaves the classified service, they shall receive, in a lump sum payment, the full amount of
their salary for the period of accumulated sick leave, provided that such payment shall not
be based upon more than seven hundred twenty (720) hours of accumulated sick leave.
F. An employee who retires may elect to have the compensation associated with
accrued vacation and sick leave applied towards payment of the employee's share of costs
associated with the employee's retirement health insurance.
G. After an employee has accrued the maximum of 72o -hours of sick leave that city
would pay out upon termination of employment or retirement, the employee may
participate in the sick leave buy-back program. If an employee does not use more than 40 -
hours of accrued sick leave in a calendar year, the employee will be eligible to sell back up to
40 -hours of accrued sick leave from the 720 -hour bank for cash at their current rate of pay.
Once the employee opts to sell back sick leave, the 72o -hour bank is reduced by the number
of hours sold back to the city each calendar year. Sick leave hours accrued after
participation in the sick leave buy-back program will be placed in the employee's sick leave
bank for hours that are not reimbursable upon termination of employment or retirement.
The purpose of this sick leave buy-back section is two -fold: first, to reward employees
who do not use more than 4o -hours of accrued sick leave per year; and second, to reduce
the city's unfunded liability when an employee terminates employment or retires.
Written notification of the employee's desire to sell accrued sick leave must be
submitted to payroll on or before January 15 of the following year and payment will be
made in the first full pay period after February 15. Payments made under this provision do
not become part of the base wage, nor will such payments be used to calculate any other
benefit unless required by law.
H. The Chief of Police may not discipline an employee for the legitimate use of sick
leave without just cause.
21
Section 3. Death in Family Leave.
In the event of a death in the immediate family of an employee, the employee shall be
granted up to forty (40) work hours off with pay. Immediate family is defined as the spouse
and children of the employee, the mother, father, brother, sister, grandmother and
grandfather of the employee or those of the employee's spouse, grandchildren of the
employee, stepparents, and any domiciliary residing in the residence of the employee.
Section 4. Leave Without Pay.
With the permission of the Chief, each employee may be allowed a leave of absence without
pay, up to eighteen (18) work weeks.. -,t,•'- ° • ]
_ r
Section 5. Personal Leave.
Employees will earn eight (8) hours of personal leave for each calendar quarter of perfect
attendance. In reference to personal leave only, use of any sick leave shall constitute non-
attendance. The employee may use such leave for any purpose subject to the advance
approval of the employee's commanding officer. The employee may not carry across
contract or fiscal years more than thirty-two (32) hours. An employee may not accrue more
than fifty-six (56) hours of personal leave at any given time.
Section 6. Family and Medical Leave Act.
The Family and Medical Leave Policy set out in the City of Beaumont Policies and
Procedures Manual shall apply to employees in the Department.
ARTICLE 17
HOLIDAYS
Section 1. The following holidays shall be recognized and observed:
New Year's Day
Labor Day
Good Friday
Easter Sunday
Thanksgiving Day
Day after Thanksgiving
Memorial Day
Christmas Day
Independence Day
A "floating" holiday is hereby granted to every employee during the fiscal year; scheduling
of time off must be approved by the Chief or the Chiefs designee.
Holiday pay is defined as eight (8) hours pay at the employee's hourly rate of pay.
22
Section 2. Any employee who works on a holiday in a regular tour of duty shall be paid a
premium rate of twice the employee's regular rate of pay in addition to holiday pay.
Section 3. Any employee who is required to work on a holiday not within the employee's
regular tour of duty shall be paid at the time and one-half rate for that day in addition to
regular pay and in addition to holiday pay.
Section 4. If any holiday specified in Article 17, Section 1, of the Agreement is on an
employee's regular day off and said employee does not work on said holiday, the employee
shall receive eight (8) hours off with pay or eight (8) hours pay in addition to his regular
pay. If a holiday specified in Article 17 of the Agreement falls during an employee's vacation,
said holiday shall not be charged to said employee's vacation time.
Section 5. The Chief may designate which employees are essential and adjust work
schedules during holidays to avoid requiring unneeded personnel having to work during a
designated holiday.
Section 6. The "call back pay" provisions of this Agreement shall not apply to this Article.
Section 7. An officer shall not be eligible to receive holiday pay if the officer is on leave
without pay or absent without leave.
ARTICLE 18
WAGES
Section i. Wages and Rates of Pay:
The Employer will adopt the wage schedule attached as Appendix "A" based on consecutive
years of service. In regard to consecutive years of service, the Employer agrees that benefits,
wages, rates of pay or leave accrual currently received by an employee hired or rehired prior
to the execution of this agreement shall not be reduced.
Section 2. Certification Pay.
In addition to the wage rates established by this Agreement, the Employer shall pay
premium pay as follows for the following:
1.
To the holder of an intermediate certificate issued by the Texas
Law Enforcement Commission on standards and education.
$50 per month
2.
To the holder of an advance certificate (the holder of an advance
$loo per month
certificate shall not be entitled to the premium pay of $50.00 per
month as the holder of an intermediate certificate).
3.
To the holder of a master certificate (the holder of a master
$150 per month
certificate shall not be entitled to the premium pay of $1oo.00
per month as the holder of an advanced certificate).
23
4.
Licensed breathalyzer operator in patrol (if the employee is
$5o per month
engaged as a breathalyzer operator. No more than 3o employees
shall be entitled to premium pay as breathalyzer operators and
no more than 5 employees, who are not already
receiving breathalyzer operator premium pati, are
entitled to premium pay as a Drug Recognition
Experts(DRE) during the term of this Agreement)
5.
Licensed polygraph examiner (if actively engaged during the term
$50 per month
of this Agreement as a polygraph operator).
6.
Any employee qualifying as an expert latent fingerprint witness
$40 per month
and who is assigned to the identification bureau
7.
Field Training Officers and the Field Training Officer (17170)
Sergeants assigned to each patrol shift
100 P$75,1 per
month
8.
Bilingual officer (must pass proficiency certification and re -certify
at least every two [2] years)
Spanish,Vietnamese, or Sign Language
[$2,5 per- m *.]
Maximum payment is $5o per month
$50 per month
.lo Maximum officers for Spanish
l.,l 11 llldl Cii
[$25 _ of month]
5 Maximum officers for Vietnamese or Sign Language
9.
SWAT Team Members
$25 per month
Educational Incentive. In lieu of receiving certification pay (1, 2, or 3) in Section
2 above, an employee with a bachelor's degree may elect to receive an educational incentive
Of 200 t-84001 per month or $250 f-8- o] per month for a post graduate [muter s]
degree.
Section 3. Supervisory Pay. In addition to the wage rate established by the current
labor agreement, the Employer shall pay supervisory pay at a rate of $200 per month to
sergeants who are assigned to supervise five (5) or more sworn personnel.
Section 4. Supervisory Training Incentive. In addition to the wage rate established
by the current labor agreement, the Employer shall pay a one-time bonus of $750 to any
sergeant, lieutenant or captain who successfully completed the Law Enforcement
Management Institute of Texas (LEMIT), Southern Police Institute (SPI) or FBI National
Academy after October 1, 1997•
Section 5. Police Specialist Incentive. Grade I officers with three (3) or more years of
service with the Department shall be eligible to compete for advancement to Police
Specialist. Police Specialist is not a rank or classification under Chapter 143 or this
Agreement, but a non -supervisory position within the Grade I classification and rank
24
designed to recognize employees with superior skills, initiative, education, and knowledge
of police work.
a. The Employer shall follow Chapter 143 only in regard to posting a notice of the
written examination and a list of any study materials needed to prepare for the
examination. The written examination shall be designed to test the knowledge of Grade I
officers in such areas as patrol skills, initiative, criminal laws and procedures, preparing
reports and related documents, Department rules and regulations, city ordinances and
other job-related areas. This written examination is not a "civil service" examination
requiring a civil service certification. The written examination shall be based upon a
maximum score of one hundred (loo) points. A passing score will be seventy percent (70%).
additiont Re
i stf:'clfi c3€ � e i�tal ma nage fl-teflt ex.eipisYR--ffiid--EmJA0Yef-ffifty-tliettial1
a�,ree to i . , nassessops
c. Employees in Grade I who are selected to become Police Specialists will receive
incentive pay of $200 per month.
d. The Chief may select in his discretion any employee who is a Police Specialist to
be assigned to or reassigned from the Criminal Investigation Division or Narcotics Division
as a criminal investigator. Such assignments as a criminal investigator shall be on a
voluntary basis only. Any officer who is designated as a Police Specialist from an
eligibility list certified after the execution of this Agreement maybe assigned
as a criminal investigator at the discretion of the Chief of Police The Chief shall
make a reasonable effort to accommodate Police Specialists who are reassigned from a
criminal investigator position back to a patrol position with obtaining the shift and days off
they would be eligible for by seniority. Such employees shall not receive Grade II pay. If a
vacancv occurs in the Criminal Investigation Division and no Police Specialist
applies, the Chief of Police may Select any appl ijng Grade I officer for the
position.
e. The Chief may remove for just cause the Police Specialist designnation of any
employee who is designated a Police Specialist. The employee may grieve the removal
pursuant to Article 9 of this Agreement.
f. Between October 1, 2007 [`2"I and September 30, 2011 [2-0071, the Employer
shall maintain and fill at least thirty-five (35) Police Specialist positions.
g. [I f l ..;++ , ] Seniority [a ] points
i only
n ix „rexamination A4� Ui.]l.iL� Lril-ii
will be added for each year of service as a Beaumont police officer up to lo years
to the written test score [in *ejzP,* �' •� ^ �n] to determine a final eligibility
score.[i# 1}otl - r t exp{n ine}tic�t :d...ai+- 1 ei E �r a- c�cl t
F
iii--ikit-iele--i - ] The eligibility list shall expire after 12 months from the date of the
written examination, or when exhausted, whichever occurs first.
ARTICLE i9
SHIFT DIFFERENTIAL
Effective October 1, 2007, shift differential will be paid as follows:
ist Watch $.45
per hour
2nd Watch
$.00 per hour
3rd Watch
$.25 per hour
4th Watch $..m
per hour
[Employees assigned to Fegulafly
c iz l try-c�# r h rt=. .. rt t y wfx eta -.m.
733, o- .
Shift differenGal shall net, be paid foF vaeations, siek leave an I b i nj a r -y 1 e ave.4
ARTICLE 20
OVERTIME, CALL-BACK AND STAND-BY PAY
Section jL. "Hourly rate of pay" shall be an employee's annual salary divided by 2080
hours.
Section 2. Overtime Pay.
A. All work performed by an employee in excess of forty (40) hours in any given
week shall be deemed overtime and shall be compensated on the basis of time and one-half
the employee's regular hourly rate of pay in salary or compensatory time as is now the
practice. Excused absences with pay shall be deemed as days worked. All employees shall
be allowed to accumulate and accrue up to 240 -hours of compensatory time.
B. No schedules, tours of duty or days off shall be changed in order specifically to
avoid the payment of overtime.
C. If an employee performs police duties on off-duty hours, the employee is entitled
to overtime compensation for time actually spent. An employee shall be entitled to
insurance coverage that the employee would have had if on duty at the time. In addition, the
employee shall be entitled to any reasonable expenses incurred in performing such duty if
approved by the Chief. Should the Chief deny the claim, the employee may grieve pursuant
to the Grievance Procedure. This section shall not apply to any employee who receives
remuneration of any type from any other employer for performing such duties. This section
applies only to inadvertent disruptions of an employee's off-duty time.
26
Section 3. Call Back Pay. All employees who are called back to work from off-duty shall
be paid at least two (2) hours minimum one and one-half times the basic rate of pay. All
hours in excess of two (2) hours shall be paid at one and one-half times the basic rate of pay.
Section 4. Stand-by Pay. When an employee is on officially designated stand-by duty
and such designation is made at least forty-eight (48) hours prior the commencement of
that duty, the employee shall receive one (1) hour of pay (at straight time) for eight (8)
hours of duty or any fraction thereof. If the assignment is made within forty-eight (48)
hours of the commencement of the duty, the employee shall receive two (2) hours of
straight pay for eight (8) hours, or ten (io) hours, respectively, of duty or any fraction
thereof.
Section 5. Court Time. Any employee not on duty [o 7;
or- oil -va^ a'ip Of oil n day -4
fl who attends as a witness or in any other capacity in the
performance of their duty in a criminal matter or in a civil matter in any case pending in the
District Court, Juvenile Court or in a County Court, or before any Grand Jury proceedings
or in conferences with the District Attorney or Assistant District Attorney, or at any pre-trial
conference or any other related hearings, or any proceedings by any City, County, Town,
State or Federal government or any of the subdivisions or agencies thereof, shall be entitled
to two (2) hours minimum overtime compensation at the rate of time and one-half. On
those occasions when employees are scheduled to work between the hours of 3:00 p.m. to
7:3o a.m., and they are in Court for eight (8) hours the same day, they may, with the
permission of their shift commander, notify the Department that they are waiving their
court pay and not going to work their shift. Conversely, they may choose to accept the court
pay and report for work. This provision shall not apply to those employees who attend court
during their regularly scheduled work hours.
Section 6. Evacuation/Disaster Policy. Unless it creates a lesser benefit the
Employer shall apply the same policy for evacuation/disaster policy for non -
sworn employees to sworn police officers.
ARTICLE 21
LONGEVITY PAY
In addition to all other monies paid for services rendered, the Employer agrees to pay each
employee the sum of Four and No/loo Dollars ($4.00) per month longevity pay for each
consecutive year of service in the department up to and including twenty-five (25) years of
service.
ARTICLE 22
INSURANCE
Section i. The Employer shall provide basic life and accidental death and dismemberment
insurance to all employees equal to the employee's annual base salary up to a maximum of
$50,0oo at no cost to employee.
27
Section 2. Liability Protection. The Employer shall not reduce during the term of this
agreement liability protection as is presently afforded employees by the Employer. In the
event that employees are not covered by liability protection when driving prisoners'
vehicles, the Employer will not require employees to drive such vehicles.
Section 3. Medical Plan.
A. Employees shall be offered the same medical insurance plan choices as provided
to civilian employees except in -network major medical benefits shall not be less than 80/20
and out -of -network major medical benefits shall not be less than 70/30.
Contributions to the plan by employees with dependents shall be a monthly
premium rate of [-, tq .. n#=fe :i °f�- r ar �..,.._2OO � ;3�3 t o- flt�e3tive teary ;200 ;
and effee--vc $`ynuary i,, `L' o7] $i9o.00 effective January,20o8. Effective
January 1, 2009, January, 2010 and January 1, 2011, the City may increase
the monthly premium rate of officers by the same percentage increase of the
monthly premium rate of non -sworn employees in a plan year, not to exceed
twelve -and -one-half percent (12.5%) per plan year. For example, if the City
increases the monthly premium rate of non -sworn employees by 5% effective
January 1, 2009, the monthly premium rate for officers shall be increased by
$9.50 to $199.50. At no time will an employee's monthly contribution to the plan exceed
that of a civilian employee with the same number of dependents as the employee.
Married couples who are both covered by the city insurance and who have no
dependents will not be charged any dependent premium. Married couples with one or more
dependents shall be charged only one time for the increase.
The Employer shall give notice to the Union at least forty-five (45) calendar days in
advance of any cost increase in dependent insurance premiums. The Union shall be entitled
to examine all documents, records, statistics, and relevant data used by the Employer to
determine a rate increase.
B. Employees may utilize the prescription drug plan under the same terms and
conditions as civilian employees.
Section 4. Retiree Medical Insurance Program.
A. During the term of this Agreement, Employer will provide medical coverage for
employees and their dependents retiring or becoming disabled after April 1, 1984, subject to
the provisions of Sections 4(B) through 4(H) hereof inclusive.
B. Employer is authorized to receive from each retiree, as a condition of receiving
retiree medical coverage, a signed statement acknowledging that both the contribution rate
(premium) and hospital/ medical coverages of the retiree insurance may change in the
future.
28
C. Retired or disabled employees may participate in the program only if they are
eligible for retirement or disability benefits under the Texas Municipal Retirement System
(TMRS). Only those individuals who are considered eligible dependents of the
disabled/ retired employee at the time of retirement shall be eligible for continued medical
coverage. The disabled/ retired employees shall not add or change (except drop a dependent
while covered under this medical plan.
Any employee who retires or becomes disabled and has a spouse who is employed
with the City may become a dependent of the spouse along with other eligible dependents
under the Employer's group medical plan. However, the retired or disabled employee shall
make application at least thirty-one (31) days prior to the spouse's termination date to the
Employer to institute his/her eligibility for retiree coverage. The spouse and eligible
dependents will be allowed to become dependents of the retiree in accordance with the
provisions of this amendment. Upon retirement, the retiree will be required to complete
and sign a "Delayed Participation in Retiree Medical Coverage" form.
If a participant's contribution rate status as set out in 4(G) hereof changes, the new
rate will be put into effect on the first day of the month following the month in which the
contribution rate status change.
D. Coverage provided shall be the same as that provided employees. However, if the
Employer, the Union and retirees and disabled employees and their dependents agree,
alternative medical insurance programs at different rates and at different levels of coverage
may be provided.
E. Retired or disabled employees and their dependents participating in the plan
created herein are required on or before age 65, if eligible, to enroll for both Part A,
Hospital Insurance, and Part B, Supplementary Medical Insurance, under the U.S.
Government Medicare Program. Upon qualification for the Medicare Program, the
participant will be excluded from the program herein established. If a participant is not
eligible for Medicare, the participant may continue coverage under this medical plan.
Failure to become a subscriber as required herein will result in the participant's immediate
exclusion from the program herein established. Eligible dependent children may continue
coverage under this medical plan after their parents are no longer eligible in accordance
with the definition of dependent as listed in the summary plan document.
F. A participant who would otherwise be required to leave the program herein
established as provided by 4(E) above may remain on the program if supplemental
Medicare insurance without proof of insurability is not available at that time. Such
participants must, however, leave the program when such supplemental Medicare
insurance for which they are qualified is available. Employer will make its best efforts to
obtain and provide information to retirees concerning the availability of such supplemental
insurance. The cost of any such supplemental insurance will be paid for by the participant.
G. The participant's monthly contribution rate for medical insurance will be as
follows:
29
"Single Rate --$150
"Single + 1 dependent --$200
"Family --$250
Those participants who retired between the dates of April 1, 1984 and January 31,
1992, shall pay the rates listed above and shall have no increase in contributions until such
time as they leave the plan.
H. Those who retired on or after February 1, 1992, may be subject to an annual
increase in contribution. The increase will be effected in accordance with the labor
agreement. The single rate will be established at 69% of the COBRA rate on January 1st
annually. The single + 1 dependent rate will be established at 58% of the COBRA rate and
the family rate will be established at 54% of the COBRA rate. Subject to paragraph 4(E)
hereof, eligible spouses and dependents may remain on the plan at the above -established
rates.
Section 5. Dental Insurance.
The Employer shall provide dental insurance coverage through the CLEAT Benefit Trust for
each employee at a maximum monthly cost of $_15 { "9 1. If the employee elects to add
dependents to the dental insurance, the Employer shall pay a maximum monthly cost of
61] for both the employee and eligible dependents. Each employee shall pay any
additional cost. The Employer shall deduct the employee's cost from the employee's
paycheck.
Plan I I of the CLEAT Benefit Trust includes employee and family dental insurance coverage.
In addition, the trust plan provides accidental death and dismemberment insurance
coverage for the employee and the employee's family, and a blood insurance plan that
covers the employee and the employee's family.
The trust document and plan benefits will be provided to the Union and the Employer, and
to any employee upon request.
The Union shall indemnify, defend and hold harmless the Employer from any claim or
cause of action brought by any employee or affected family member resulting from the
operation of this Section.
The Employer shall make payments to the CLEAT Benefit Trust on or before the first day of
each month.
Section 6. Retirement Health Savings Plan.
Employees shall be offered the ICMA's Retirement Health Savings Plan as offered to civilian
employees.
30
ARTICLE 23
GENERAL PROVISIONS
Section i. Parking.
The Employer shall provide, without cost to employees on duty, adequate parking space
adjacent to Police Department facilities.
Section 2. Bulletin Boards.
The Employer agrees to furnish and install one (1) bulletin board on each of the three (3)
floors to be affixed in the first floor hallway, uniform squad assembly room, and detective
squad room at the police station to be used by the Union for the following notices:
A. Union meetings;
B. Union elections;
C. Reports of Union committees;
D. Rulings or policies of international association;
E. Recreational and social affairs of Union.
The Union agrees that there shall be no other general distribution, or posting, by the Union
or its members upon City property, provided, however, the Chief may permit other material
not provided for above at the Chiefs discretion to be posted or distributed. The Union
agrees to maintain such bulletin boards in a neat and orderly manner. The Association shall
be allowed to utilize Department email to disseminate bulletin board information under the
same rules and regulations as adopted for bulletin boards.
Section 3. Mileage Allowance.
Employees required to use their private automobiles for duly authorized Department
business shall be compensated at the current Employer rate. If an increase is given to other
City employees during the term of this Agreement, the rate stated herein shall be increased
accordingly.
Section 4. Residency.
Residency shall not be a condition of employment for employees; each employee must be a
legal resident of the United States and reside within its boundaries.
Section 5. Safety Program.
In the best interest of the Department and to promote the safety of the employees, patrol
cars shall be manned by two (2) officers during periods of high criminal activity and in high
crime areas. Whenever one (1) officer units are in use, the Employer will use its best efforts
to maintain sufficient staffing to provide for employees' safety.
31
ARTICLE 24
CIVIL SERVICE
In the event that any provision of this Agreement conflicts or is inconsistent with any
provision of Chapter 143 of the Local Government Code, this Agreement shall prevail
notwithstanding any such provision of the Local Government Code. It is understood by the
parties hereto that Section 143.013 of the Local Government Code relating to civil service
rights of the Chief shall in no way be affected by the terms of this Agreement.
ARTICLE 25
SELECTION
The Union agrees that the Employer shall have the right to establish selection procedures
for Grade I police officers. Modifications in existing selection procedures shall be brought to
the attention of the Union ten (10) days prior to implementation. In establishing a selection
procedure for Grade I, the Employer shall not be bound by or subject to the provisions of
Chapter 143 of the Local Government Code.
ARTICLE 26
COPIES OF AGREEMENT
The Employer agrees to furnish a co [eopies] of this agreement to the Union President
ARTICLE 27 [28]
STABILITY OF AGREEMENT
No agreement, understanding, alteration or variation of the agreement, terms or provisions
herein contained shall bind the parties unless made and executed in writing by the parties
hereto.
The failure of the Employer or the Union to insist in any one or more instance, upon
performance of any of the terms or conditions of this Agreement, shall not be considered as
a waiver or relinquishment of the right of the Employer or the Union to future performance
of any such term or condition, and the obligations of the Employer and the Union to such
future performance shall continue in full force and effect.
ARTICLE 28 [-29]
POLICE OFFICERS' BILL OF RIGHTS
In the event of a complaint filed with Internal Affairs concerning the conduct of an
employee, this Bill of Rights shall serve as the basic guideline to offer protection to the
employee. Every employee shall be required to cooperate in any investigation regarding
complaints of employee misconduct arising from citizen complaints.
32
Section i. Procedures.
A. The interrogation shall be conducted at a reasonable hour.
B. The interrogation should take place at the Department when possible.
C. The employee under interrogation shall be informed of the names of the persons
present during interrogation.
D. All questions directed to the employee under interrogation shall be asked in an
orderly fashion.
E. Interrogation sessions shall be for reasonable periods and shall be timed to allow
for such necessities and rest periods as reasonably necessary.
F. If the employee under interrogation is under arrest, or is likely to be placed under
arrest as a result of the interrogation, he shall be informed of his rights prior to the
commencement of the interrogation.
G. The Chief or the Chief s designee may employ as an investigative aid a polygraph
examination from licensed polygraph examiners who are not employed by the Employer nor
any public employer. This Agreement shall not preclude the use of polygraph examination
results as evidence in a disciplinary proceeding. The Department shall [ '-May elet to]
require the complaining citizen to first submit to a polygraph examination before requiring
the employee to submit to a polygraph examination. Nothing herein prohibits the
Chief from ordering an employee to submit to a polygraph examination where
there is no complaining citizen. [ Shot:tkl he -ems Mt:tse-tFi t 1
i -I -P% - _V iI $ Offer e_o tr ti,r {; tis r rir t�riaarr r � r, + +nizrt n
—e DepYTnL- Hent i%T1G TY'C—C�-Ci.L4 Tei Citi., 6 IIiFT�7II+..,-VL-CIC i=-C�LC7 LLFd'lCLL
Ix1ralk -ot ittatim--lull-x�-seg-�ttl=ism.] This Agreement shall not preclude the
admission of such information as evidence in a disciplinary proceeding.
H. The Chief or the Chief s designee shall use the polygraph examination in a fair
and reasonable manner.
I. The refusal of the employee to answer all questions fully and truthfully and to
submit reports shall be grounds for disciplinary action.
J. An employee may have a Union representative with them as an observer only so
long as the representative does not delay or impede the investigation. The observer may not
relay any information obtained as a representative to any third person except to a lawyer
retained by the employee to represent them in the grievance.
Section 2. Disclosure.
No employee shall be required or requested to disclose any item of property, income, assets,
source of income, debts, or personal or domestic expenditures (including those of any
33
member of his family or household) unless required by law. Nothing in this section shall be
construed to prohibit the Chief or the Chiefs designee from requiring that employees
submit requests for approval of off-duty employment.
Section 3. Rules and Regulations.
If the investigation or interrogation of the employee results in any disciplinary action, the
Employer shall follow the Department's Rules and Regulations. Effective upon execution of
this Agreement and subject to the Records Retention Act, only sustained formal complaints
filed after the execution of this Agreement shall be retained by the Employer in the
employee's personnel file and Internal Affairs file.
ARTICLE =1 ["I
IMPASSE PROCEDURE
Section 1. In the event that an impasse, as defined in Chapter 174, Local Government
Code (herein referred to as the "Act"), is reached in the collective bargaining process after
submission of the unresolved issues to mediation under Section 174.151 of the Act, either
party to the dispute, after written notice to the other party containing specifications of the
issues in dispute, may request appointment of a fact finder as provided herein; provided,
however, a party shall not request a fact finding more than once during any fiscal year.
Prior to invoking fact finding, the parties shall make every reasonable effort to settle their
differences. The request for fact-finding shall be initiated within seven (7) calendar [five
{�)] days following the expiration of the sixty (6o) calendar day pre -impasse period or
within seven (7) calendar [cA $51] days of any agreed extension thereof. The members of
the fact-finding panel shall be appointed in the manner provided in Section 174.154 of the
Act for an arbitration panel.
Section 2. The parties shall enter into a written agreement specifying the issues to be
submitted to fact finding. Each party may submit an unlimited number of issues to the fact
finding panel; provided, however, that all economic issues (i.e., those issues involving cost
or expense to the Employer) shall be combined into a "total economic package" and shall be
submitted as a single issue. Non -economic issues may be submitted separately. Each party
shall submit in writing to the fact finders its position on each issue at or prior to the
hearing.
Section 3. The fact finding panel shall, acting through its chairperson, call a hearing to be
held within a reasonable time after appointment of the chair, and shall give the parties at
least fifteen (15) calendar days notice in writing of the time and place of such hearing. The
hearing shall be informal. After hearing all evidence offered by the parties, the panel shall
render a written decision making findings of fact and recommendations as to all matters in
dispute. In its written decision, the panel shall state its reasons for its finding of fact and
recommendations. In making such findings and recommendations, the panel shall select
the final position of one of the parties on each issue presented and shall not attempt to
"split the difference."
34
Section 4. In making its findings of fact and recommendations, the panel shall consider
only the following:
1. The total compensation, including wages and benefits, and conditions of
employment provided by the Employer to members of the bargaining unit.
2. The total compensation and terms and conditions of employment of police
officers employed by Texas cities with populations between go,00o and 250,00o according
to the 200o Federal decennial census.
3. The rate of increase or decrease in the cost of living for the Houston area
determined by the Consumer Price Index for the period beginning with the effective date of
the current contract and ending with the most recent published report at the time of the
commencement of the hearing.
4. The revenues available to the Employer and the demands upon such revenues.
5. Any current Federal policies or guidelines concerning wages and other
compensation.
6. Labor agreements from the Texas cities defined by "2" above.
Section 5. The fee and expenses, including stenographic charges, of the neutral fact finder
shall be split equally between the Employer and the Union. All other expenses, including
copies of transcripts, witness fees, and fees and expenses of the member of the panel
appointed by each party, shall be paid by the party incurring the expense.
Section 6. The findings and recommendations of the fact finder shall not be made public
for fifteen (15) calendar days, unless extended by mutual agreement in writing. Once the
findings and recommendations are released to the public, the parties shall have seven (7)
calendar days to either accept or reject the findings and recommendations.
Section 7. In the event that either parry rejects one or more recommendations of the fact
finding panel, the rejected party may request submission of each rejected recommendation
to a referendum; provided, however, that neither party may request submission to
referendum of more than three (3) non -economic issues. If either party requests a
referendum hereunder, it shall be the duty of the City Council to call such referendum at the
earliest date permitted by law. The cost to the Employer of conducting the referendum shall
be borne on a pro rata basis based on issues by the parry or parties requesting that the
issues be submitted to referendum.
The City Clerk's determination of the cost of the election shall be conclusive. Each issue
shall be submitted separately on the ballot and the voters shall cast their ballots "for" or
"against" the position of the party rejecting the fact-finding panel's recommendation. The
results of the referendum shall be binding on the parties. The conduct of the election shall
be handled in an efficient manner.
35
ARTICLE 30 [ 11
RETIREMENT
The Employer agrees not to decrease the matching ratio or any other benefit under the
Texas Municipal Retirement System (TMRS) during the term of this Agreement.
The Employer agrees to maintain the CPI annuity at no less than seventy percent (70%).
t[013 I I AW,
:3E34 itio ,
ARTICLE 31 []
DURATION OF AGREEMENT
This Agreement shall be effective upon execution of this Agreement [on Oeteber
LN)o4] and shall remain in full force and effect until the 3oth day of September, 2011
[ oo7l. This Agreement shall continue in effect after September 30, 2011 [200 ], until
superseded by a new agreement; provided that, unless agreed to in writing by the parties,
this Agreement shall not continue in effect after September 30, 2012 [� 008].
The City presently intends to continue this Agreement each fiscal year throu
the end of its term, to pay all payments due, and to fully and promptly perform
all of the obligations of the City under this Agreement. All obligations of the
City shall be paid only out of current revenues or any other funds lawfully
available therefor and appropriated for Such purpose by the City Council, in
compliance with the Texas Constitution, Article XI, Sections i and 7.
ARTICLE 32
SAVINGS CLAUSE
Should any provision of the Agreement or anv supplement thereto be held
invalid by any court or tribunal of competent jurisdiction, or if compliance
with or enforcement of any such provisions of the Agreement and anv
supplement thereto should be restrained by any court, all other provisions of
the Agreement and any amendment thereto shall remain in force and the
parties shall negotiate immediatelv for a satisfactory replacement for any such
provision.
36
IN WITNESS WHEREOF, the Beaumont Police Officers Association has caused this
Agreement to be signed by its President, by order of its membership, and the City of
Beaumont has caused this Agreement to be signed by its City Manager on the day
of , 200Z [42W- 4] •
BEAUMONT POLICE OFFICERS
ASSOCIATION
By:
President
Witness
37
CITY OF BEAUMONT
By:
City Manager
Witness
APPENDIX A
ARTICLE 18 - SCHEDULE OF WAGES
GRADE I - POLICE OFFICER
EFFECTIVE
YEARS
10/01/07
5%
10/01/08
5%
10/01/09
5%
10/01/10
4
Start to 1 year
$3,539
$3,715
$3,901
$4,057
1-2
$3,754
53,941
$4,139
$4,304
2 - 3
$3.873
$4,067
$4,270
$4,441
3-4
53,994
841194
84,404
$4,580
4 - 5
$4,110
54,315
$4,531
84,712
5 - 8
$4,232
$4,443
$4,665
$4,852
8 -lo
$4,314
$4,530
54,757
54,947
10-12
$4,443
$4,665
$4,898
$5,094
12-15
$4,532
$4,758
$4,996
$5,196
15-20
$4,671
54,905
$5,150
55,356
20 or more
$4,811
$5,052
$5,304
1 $5,516
GRADE II - POLICE SERGEANT
0-5
$5,084
55,338
$5,605
$5,829
5-10
55,360
$5,628
55,910
$6,146
10 or more
$5,468
55,742
56,029
$6,270
GRADE III - POLICE LIEUTENANT
0-5
$5,961
S6,259
$6,572
$6,835
5 or more
$6,o81
56,385
$6,704
$6,972
GRADE IV - POLICE CAPTAIN
o - 5
$6,462
$6,785
$7,124
$7,409
5 or more
56,592
56,921
$7,268
57,558
38
APPENDIX B [C]
The Union and the Employer agree at this time that should the Employer adopt ten (1o) hour
shifts in the department or in any division of the department that they will amend this
agreement and the following will apply:
Any employee who is assigned to work a ten-hour shift and is off on sick time
shall be charged 10 hours sick time.
Any employee who is assigned to work a ten-hour shift and is off on vacation
time shall be charged 10 hours vacation time.
Holiday pay for employees assigned to work 10 hours shifts is defined as 10
hours pay at the employee's hourly rate of pay.
If the employee who is assigned to work a 10 -hour shift takes off or is required
to take off on a Holiday that falls on his regular day to work shall receive 10
hours pay.
Any employee who is assigned to work a 10 -hour shift and attends a school or
any other city business during his regular shift shall be paid for 10 hours.
Any disciplinary actions involving suspensions taken against an employee who is
assigned to work a 10 -hour shift shall be listed in hours rather days.
M
Di
September 25, 2007
Consider amending Section 28-50, Water Service Rates and Section 28-51, Sanitary Sewer
Service Rates of the Code of Ordinances related to increasing water and sewer rates to fund water
and sewer operations and recommended capital improvements
I
EAUMONT.TEXAS
TO:
FROM:
PREPARED BY:
MEETING DATE:
AGENDA MEMO DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Max S. Duplant, Chief Financial Officer
September 25, 2007
September 19, 2007
REQUESTED ACTION: Council consider an ordinance amending Section 28-50, Water
Service Rates and Section 28-51, Sanitary Sewer Service
Rates of the Code of Ordinances. The amendment would
provide increases in the water and sewer rates to fund water
and sewer operations and recommended capital improvements.
RECOMMENDATION
Administration recommends approval of an increase in the water and sewer rates by eight (8) percent
effective November 1, 2007 to raise the necessary funds for water and sewer operations and capital
improvements. Current and proposed rates are attached.
BACKGROUND
The revenues generated by the proposed increase will fund the operations of the Water Utilities
Department and the Capital Program for the water and sewer system. Operating costs in the Water
Utilities Department are largely impacted by inflation and market demands. A wage increase of 4%
is included in the FY 2008 Budget. Many of the capital improvement projects are required to meet
State and Federal regulations. The City's infrastructure is aging and many parts of the system are in
need of rehabilitation and replacement. Approximately $85 million of water and sewer system
improvements are needed to meet these regulations and to rehabilitate the systems and are in the
design or construction phase in the 2008 Capital Program. In addition, there are $33.7 million in
planned water and sewer system projects in the 2008 Capital Program.
BUDGETARY IMPACT
The proposed rate increase is projected to increase water and sewer revenues by $2.3 million for
Fiscal Year 2008.
Water/Sewer Rate Increase
October 1, 2007
Minimum Monthly Rates
Water
Inside City
Outside Cit
Meter
Current Proposed
Current
Proposed
Size/Inches
Rate Rate
Rate
Rate
5/8
$ 7.81 $ 8.43
$ 11.71
$ 12.65
1
8.64 9.33
12.95
13.99
1 1/2
9.47 10.23
14.20
15.34
2
11.82 12.77
17.74
19.16
3
24.03 25.95
36.05
38.93
4
29.13 31.46
43.69
47.19
6
52.50 56.70
78.74
85.04
8
72.21 77.99
108.31
116.97
10
99.38 107.33
149.07
161.00
12
123.89 133.80
185.84
200.71
Usage Rate
First 1,000 Gallons
Minimum Minimum
Minimum
Minimum
Over 1,000 Gallons
$ Per 1,000 Gallons
$ 2.64 $ 2.85
$ 3.96
$ 4.28
Sewer
Inside City
Outside City
Meter
Current Proposed
Current
Proposed
Size/Inches
Rate Rate
Rate
Rate
5/8
$ 4.98 $ 5.38
$ 7.47
$ 8.07
1
5.07 5.48
7.60
8.21
1 1/2
5.15 5.56
7.72
8.34
2
5.60 6.05
8.39
9.06
3
6.33 6.84
9.49
10.25
4
9.28 10.02
13.93
15.04
6
15.20 16.42
22.79
24.61
8
18.58 20.07
27.88
30.11
10
25.34 27.37
38.01
41.05
12
32.09 34.66
48.13
51.98
Usage Rate
First 1,000 Gallons
Minimum Minimum
Minimum
Minimum
Over 1,000 Gallons
$ Per 1,000 Gallons
$ 2.39 $ 2.58
$ 3.59
$ 3.88
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28,
SUBSECTIONS 28-50(a) and 28-51(a), OF THE CODE OF
ORDINANCES TO INCREASE WATER AND WASTEWATER
RATES EFFECTIVE NOVEMBER 1, 2007; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 28, Subsection 28-50(a) of the Code of Ordinances of the City of
Beaumont be and the same is hereby amended to read as follows:
28.50. Water Service Rates.
(a) Effective November 1, 2007, as shown below, the following rates per month
shall be the rates charged for water service furnished to customers within and outside of
the corporate limits of the City except as provided in paragraph (b) of this section.
Water/Sewer Rate Increase
November 1, 2007
Minimum Monthly Rates
WATER
Meter
Size/Inches
Inside City
Rate
Outside City
Rate
5/8
$ 8.43
$ 12.65
1
9.33
13.99
1 1/2
10.23
15.34
2
12.77
19.16
3
25.95
38.93
4
31.46
47.19
6
56.70
85.04
8
77.99
1 116.97
10
107.33
161.00
12
133.80
200.71
Usage rate first 1,000 gallons
Minimum
Minimum
Over 1,000 gallons $ per 1,000 gallons
$ 2.85
$ 4.28
Section 2.
That Chapter 28, Section 28-51(a) of the Code of Ordinances of the City of
Beaumont be and the same is hereby amended to read as follows:
28-51. Wastewater Service Rates
(a) Effective November 1, 2007, in each year as shown below, the following rates
per month shall be the rates charged for wastewater services furnished to customers within
and outside of the corporate limits of the City where the wastewater produced by such
customers is a normal strength wastewater (150 mg/1 Ib) except as provided in paragraph
(b) of this section.
Water/Sewer Rate Increase
November 1, 2007
Minimum Monthly Rates
SEWER
Meter
Size/Inches
Inside City
Rate
Outside City
Rate
5/8
$ 5.38
$ 8.07
1
5.48
8.21
1 1/2
5.56
8.34
2
6.05
9.06
3
6.84
10.25
4
10.02
15.04
6
16.42
24.61
8
20.07
30.11
10
27.37
41.05
12 134.66
51.98
Usage rate first 1,000 gallons
Minimum
Minimum
Over 1,000 gallons $ per 1,000 gallons
$ 2.58
$ 3.88
Section 4.
All ordinances or part of ordinances in conflict herewith are repealed to the extent
of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2007.
- Mayor Becky Ames -
September 25, 2007
Consider amending Sections 28-24.1.(b)(1) and 28-24.1.(b)(2) of the Code of Ordinances related
to increasing garbage and trash rates
TO:
FROM:
PREPARED BY:
MEETING DATE:
AGENDA MEMO DATE:
REQUESTED ACTION:
RECOMMENDATION
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Max S. Duplant, Chief Financial Office I- A %
September 25, 2007
September 19, 2007
Council consider amending Ordinance 28-24.1. (b)(1) and 28-
24. L(b)(2) increasing the garbage and trash rates.
Administration recommends Council amend Ordinance 28-24.1. (b)(1) and 28-24.1. (b)(2) to increase
the garbage and trash rates. The base fee will increase from $13.50 to $14.00.
BACKGROUND
The revenues generated by the proposed increase will fund the operations of the Solid Waste Fund.
Operating costs in this fund are largely impacted by fuel costs. In addition, a wage increase of 4% is
included in the FY 2008 Budget. The 50 cent increase in the garbage and trash rates equates to a
3.7% increase in the base fee. The proposed rates follow:
SOLID WASTE MANAGEMENT
SERVICES
CURRENT
RATES
PROPOSED
RATES
Garbage and Trash Collection
$13.50
$14.00
Litter Removal Fee
0.50
0.50
$14.00
$14.50
The new monthly rate for standard solid waste management services per household will be $14.50.
The litter removal service is a function of Code Enforcement in the General Fund. This portion of
the service fee will remain the same.
Garbage and Trash Rates
September 19, 2007
Page 2
The monthly garbage and trash rate for senior citizens, after a ten (10) percent discount, will be
$12.60 per household, up from $12.15, resulting in a new monthly rate for services of $13.10.
The new rates will be effective November 1, 2007.
BUDGETARY IMPACT
The increase in the base fee for solid waste management services from $13.50 to $14.00 will generate
approximately $200,000 in additional revenues.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28,
DIVISION 5, SUBSECTIONS 28-24.1(b)(1) AND (2) OF THE
CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO
INCREASE GARBAGE AND TRASH RATES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 28, Division 5, Subsections 28-24.1 (b) (1) and (2) are hereby
amended to read as follows:
Sec. 28-24.1. Collection and removal charges --Residential service.
(b) Garbage and trash rates. No rate adjustment will be made for temporary nonuse
of service. Nonpayment of the solid waste management fee shall be sufficient
grounds for discontinuance of city water service. The rate for collection outside the
city limits shall be one hundred fifty (150) per cent of the rate established for service
inside the city limits. No type of service will be offered residences exempted under
section 28-20.9(c) or for vacant lots except as provided in section 28-21.12. If a
business is located in a part of a residence a solid waste management fee shall be
charged for each connection to the city's water system. The following monthly rates
shall be collected for solid waste management services.
(1) The monthly rate for standard solid waste management services per
household unit shall be fourteen dollars and fifty cents ($14.50) and shall
consist of the following elements:
Garbage and trash collection ... $14.00
Litter removal ... 0.50
The monthly fee for an additional container is two dollars and fifty cents
($2.50) per month. Single-family and owner -occupied residential units will be
charged a litter removal fee at a rate of fifty cents ($0.50) per unit. Multifamily
dwellings and/or rented properties of two (2) or more units will be charged a
litter removal fee at a rate of twenty-five cents ($0.25) per unit.
(2) The monthly solid waste management fee for senior citizens shall be
thirteen dollars and ten cents ($13.10) and shall consist of the following
elements:
Senior citizen garbage and trash collection ... $12.60
Litter removal fee ... 0.50
The senior citizen garbage and trash collection fee shall apply to customers
residing in single-family residences who are sixty-five (65) years of age or
older. To obtain the senior citizen garbage and trash collection rate, eligible
persons must file a sworn application on a form provided therefor with the
central collections division. The rate shall remain in effect so long as the
customer residing in the single-family residence is sixty-five (65) years of age
or older.
Section 3.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violated 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 this the 25th day of
September, 2007.
- Mayor Becky Ames -
September 25, 2007
Consider amending Chapter 30, Zoning Ordinance, by adding Section 30-23.2 to create the
Neighborhood Design Overlay District and the regulations that would govern said overlay district
TO:
FROM:
PREPARED BY:
MEETING DATE:
AGENDA MEMO DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Tom Warner, Public Works Director
September 25, 2007
September 18, 2007
REQUESTED ACTION: Council consider a request for an amendment to Chapter
30, Zoning Ordinance, by adding Section 30-23.2 to create
the Neighborhood Design Overlay District and the
regulations that would govern said overlay district.
RECOMMENDATION
The Administration recommends approval of a request for an amendment to Chapter 30, Zoning
Ordinance, by adding Section 30-23.2 to create the Neighborhood Design Overlay District and
the regulations that would govern said overlay district.
BACKGROUND
During the summer of this year, staff met several times with the Calder Place 1929
neighborhood. The purpose of these meetings was to address concerns that a number of
residents have brought up over infill development and parking in the front yards. More
specifically, the residents have noticed that some new development within the neighborhood has
not been compatible with the existing homes with regard to setbacks and scale. This issue has
become more common as bigger houses are being built in inner -ring suburbs in many cities.
At the neighborhood meetings, staff presented a number of alternatives for the residents to
consider. These alternatives included addressing setbacks, scale and style only, creating a
conservation district or creating an historic district. It was the desire of the neighborhood to
initially address the setbacks, scale and parking in the front yard.
The Neighborhood Design Overly District will include the 500 - 800 Blocks of I SP St., the 500
- 800 Blocks of 2& St., the 500 - 800 Blocks of 21s` St., the 500 - 800 Blocks of 22nd St., the 500
- 800 Blocks of 23rd St., unknown North, 3925-3997 North and 3920-3990 North_ The overlay
district will maintain the underlying zoning while adding additional provisions for controlling
size, height and shape. The most significant aspect of this overlay would be the creation of a
new type of building setback known as a setback plane. This plane would essentially create a
tent that would restrict upper stories of a house from towering over adjacent properties. The tent
would have 15' high sides with the top of the tent angled upward at 45 degrees. In addition to the
new side and rear yard setback planes, a new type of front yard setback would be established
requiring that the front yard would be determined by the average front yard setback of
neighboring lots. Parking in the front and side yards would not be allowed on grass or unpaved
areas.
At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 8:0 to
approve a request for an amendment to Chapter 30, Zoning Ordinance, by adding Section 30-
23.2 to create the Neighborhood Design Overlay District and the regulations that would govern
said overlay district.
Recommended by Planning Commission, City Manager, Public Works Director and the Planning
Manager.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT TO ADD A NEW SECTION 30-23.2
CREATING THE NEIGHBORHOOD DESIGN OVERLAY
DISTRICT AND THE REGULATIONS GOVERNING SAID
DISTRICT; PROVIDING AN EFFECTIVE DATE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 30, Section 30, of the Code of Ordinances of the City of Beaumont be
and the same is hereby amended by adding a new section 30-23.2 to read as follows:
Section 30-23.2 Neighborhood Design Overlay District
(a) General Purpose and Description. The purpose of the ND, Neighborhood Design
Overlay District, is to provide for the protection, preservation and design
compatibility of buildings, sites and areas within the overlay district. More
specifically, this district has the following expressed purposes:
1. To encourage neighborhood conservation;
2. To stabilize property values;
3. To prevent the construction of buildings of a size and scale not compatible
with the established built character of the district.
This district supplements the regulations of the underlying zoning district
classification. The zoning map shall reflect the designation of a
Neighborhood Design Overlay Designation by the letters "ND" as a suffix to
the underlying zoning district classification.
(b) Reconciliation with other Ordinances. All City of Beaumont codes, as amended,
apply to all Neighborhood Design Districts unless expressly modified by this
ordinance.
(c) Applicability and Boundaries. This ordinance shall apply to all lands zoned as
Neighborhood Design (ND) as described below and as shown on the adopted
Zoning Map:
Being Lots 1-13, Block 1, Lots 1-13, Block 2, Lots 1-26, Block 3, Lots 1-26, Block
4, Lots 1-26, Block 5, Lots 1-26, Block 6, Lots 1-26, Block 7, Lots 1-26, Block 8,
Lots 1-26, Block 9, Lots 1-26, Block 10, Lots 1-14, Block 11, Lots 1-13, Block 12,
Lots 2-12, Block 13, Lots 1-10, Block 14, Calder Place Addition, City of
Beaumont, Jefferson County, Texas, containing 47.58 acres, more or less.
(d) Use Regulations of Neighborhood Design Districts. All previous uses legally
permitted by the underlying zoning district receiving Neighborhood Design
Designation shall remain so upon adoption of this Ordinance.
(e) Definitions. Unless the context clearly indicates otherwise, in this Ordinance:
Buildable Area: means the area in which development subject to this
Subchapter may occur, and which is defined by the side and rear setback
planes required by this Subchapter, together with the area defined by the
front, side, and rear yard setbacks and the maximum height limit.
2. Height: in this Subchapter, the height of a building or setback plane shall be
measured as follows:
Height shall be measured as the vertical distance from the average contact
ground level at the front wall of the building to the highest point of the coping
of a flat roof or to the deck line of a mansard roof, or to the mean height
level between eaves and ridge for gable, hip or gambrel roofs.
(f) Nonconforming Uses and Structures. Except as otherwise provided in this
Ordinance, Section 30-30 of the City of Beaumont Code of Ordinances relating to
nonconforming uses and structures, applies to all Neighborhood Design Districts.
(g) Review Procedures, Modifications and Appeals. Compliance with the provision
of this Subchapter shall be the responsibility of the Planning Manager. Appeals
of the provisions of this Subchapter shall be made to the Board of Adjustment as
outlined in Section 30-37 of this Zoning Ordinance.
(h) Supplemental Regulations. Parking in Front or Side Yards. Within front or side
yards, off-street surface parking is not permitted on grassed and non -paved
areas.
(i) Development Standards for Neighborhood Design Districts.
Building Height: Except where these regulations are superseded, the
maximum building height for development subject to this Subchapter is
thirty-five (35) feet. Section 30-25(c) (Height Limit Exceptions) does not
apply to development subject to this Subchapter, except for allowances for
belfries, ornamental towers or spires, antennas and flagpoles. Building
height shall be measured under the requirements defined in Section 30-
23.2(e)2.
2. Front Yard Setback:
(a) Minimum Setback Required: The minimum front yard setback
required for development subject to this Subchapter is the average
front yard setback, as provided in subsection (b) below.
(b) Average Front Yard Setback
(i) An average front yard setback is determined based on the
setbacks of each principal residential structure that is built
within 50 feet of its front lot line.
(ii) Except as provided in paragraph (iii), the four structures that
are closest to the subject property on the same side of the
block shall be used in the calculation of average front yard
setback. If there are less than four structures on the same
side of the block, the lesser number of structures is used in
the calculation.
(iii) If there are no structures on the same side of the block, the
four structures that are closest to the subject property and
across the street are used in the calculation. If there are less
than four structures across the street, the lesser number is
used in the calculation. See Figure 1.
25
50,
A B C D E
50'+
Figure
15,
20'
25'
20'
---------
-------
Figure 1: Average Front Yard Setback
In this example, the minimum required front setback in the underlying zoning district is 25
feet. However, because of the variety of existing setbacks of buildings on the same block
face, new development on lot C may be located with a setback of only 20 feet, which is
the average of the setbacks of lots B, D, and E. The building on lot A is not included in
the average because it is located more than 50 feet from the property line.
3. Rear Yard Setback: The minimum rear yard setback in a Neighborhood
Design district shall be twenty-five (25) feet.
4. Side Yard Setback: The minimum side yard setback in a Neighborhood
Design district shall be as follows:
(a) For an interior lot the setback shall be five (5) feet for one story
buildings and seven and one-half foot (7.5) for multi -story buildings
(b) For a corner lot backing up to an abutting side yard: fifteen (15)
feet.
(c) For a corner lot backing up to an abutting rear yard: ten (10) feet.
5. Setback Planes: This subsection prescribes side and rear setback planes
in order to minimize the impact of new development and rear development
on adjacent properties. A structure may not extend beyond a setback
plane except as authorized by subsection 7. below. The height of a
setback plane shall be measured under the requirements defined in
Section 30-23.2(e)3.
(a) Side Setback Plane: Except as provided in subsection 7 below, an
inwardly sloping 45 -degree angle side setback plane begins at a
horizontal line fifteen (15) feet directly above the side property line.
See Figure 2.
Side/Rear
Property Line
Figure 2: Side and Rear Setback Planes Measured from Side/Rear Property Line
In this illustration, the Side or Rear Setback Plane is shown as a lined extending 15 feet
above the side or rear property line and then angled inward at a 45° angle.
(b) Rear Setback Plane: Except as provided in subsection 7 below, an
inwardly sloping forty-five (45) degree angle rear setback plane
begins a horizontal line fifteen (15) feet directly above the rear
property line.
6. Buildable Area: The buildable area, as defined in Section 30-23.2. (e)1.,
consists of the smallest area within the front, side, and rear yard setbacks;
maximum height limit; and the combined side and rear setback planes.
Buildable Area
Figure 3: Side Setback Plane Measured from Side Property Line
In this illustration, the Side and Rear Setback Planes are shown as lines extending 15 feet
above the side and rear property lines and then angled inward at a 45° angle.
7. Exceptions: A structure may not extend beyond a yard setback line or a
setback plane, except for:
(a) A roof overhang or eave, up to eighteen (18) inches beyond the
setback plane;
(b) A chimney, vent, antenna, or energy conservation or production
equipment or feature not designed for occupancy; and
(c) Gable roof and dormer exceptions (See Figure 4):
(i.) Side -Gabled Roof Exception: A side -gabled roof structure
on each side of the building, with a total horizontal length of
not more than eighteen (18) feet on each side of the
building, measured along the intersection with the setback
plane;
(ii.) Dormers Exception: Dormers, with a total horizontal length
of not more than fifteen (15) feet on each side of the
building, measured along the intersection with the setback
plane.
Gable Roof Dormer Exception:
Exception: Max. 18'
lAhAfh Max. 15' Width
Figure 4: Gable and Dormer Exception
In this illustration, a side -gabled roof may encroach into the setback plane for not more
than 18' in width. Also shown are dormers which may encroach into the setback plane
not more than a total width of 15'.
Section 2.
This ordinance shall be and become effective and be in force from and after
publication pursuant to the Charter of the City of Beaumont. All applications for building
permits in this district filed after the effective date shall be processed in accordance with
the provisions of this ordinance.
Section 3.
That if any section, subsection, sentence, clause, or phrase of this ordinance, or
the application of same to a particular set of persons or circumstances should for any
reason be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon
conviction be punished, 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 25th day
of September, 2007.
- Mayor Becky Ames -
PI
September 25, 2007
Consider amending Chapter 30, Zoning Ordinance, by amending Section 30-4 (b), amending
Section 30-24 (b) Permitted Use Table, and adding Section 30-33 (b) 25, regulations for
temporary portable storage containers
BEAUMONT, TEXAS rq
TO:
FROM:
PREPARED BY:
MEETING DATE:
AGENDA MEMO DATE
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Tom Warner, Public Works Director
September 25, 2007
September 18, 2007
REQUESTED ACTION: Council consider a request for an amendment to Chapter 30,
Zoning Ordinance, by amending Section 30-4 (b), amending
Section 30-24 (b) Permitted Use Table, and adding Section
30-33 (b) 25, regulations for temporary portable storage
containers.
RECOMMENDATION
The Administration recommends approval of an amendment to Chapter 30, Zoning Ordinance, by
amending Section 30-4 (b), amending Section 30-24 (b) Permitted Use Table, and adding Section
3 0-3 3 (b) 25, regulations for temporary portable storage containers.
BACKGROUND
In August, 2007, the Planning Commission held a workshop to discuss temporary portable on demand
storage units. A temporary portable storage container is not currently defined in the Zoning Ordinance.
Given that the Zoning Ordinance does not recognize a distinction between storage containers that are
designed for portable use and other accessory storage structures (sheds), portable storage containers
are currently regulated in the same manner as sheds. Under current Zoning Ordinance regulations, an
accessory storage structure is not permitted within a front yard building setback.
Due to the unique nature of portable storage container use, staff believes that it is appropriate to clearly
distinguish these uses from other accessory storage uses. Accordingly, staff is proposing new
regulations to address the conditional use of temporary portable storage containers on any lot within
a residential zoning district.
Staff recommends the following amendments to the Zoning Ordinance:
Sec. 30-4 (b)
49. TEMPORARY PORTABLE STORAGE CONTAINER: A purpose-built, fully
enclosed, box -like container that is designed for the temporary storage of furniture,
clothing or other personal or household belongings as part of the process of household
renovation or moving or the relocation of household belongings to an offsite
commercial storage location. Such containers shall not be used to store solid waste,
business inventory, commercial goods or any illegal or hazardous materials, nor shall
such containers be used for human or animal occupation. Such containers are uniquely
designed for ease of loading to and from a transport vehicle.
Sec. 30-24 B, Permitted Use Table
ACCESSORY RESIDENTIAL USES
SEC 30-24 B PERMITTED USE TABLE
ZONING DISTRICT
Parldng
Special
PERMITTED PRIMARY USES
Group
Cond.
SIC
A -R
R -S
RM -M
RM-11RCR
NC NSC
GC -MD GC -MD -2
CBD C -M
LI III
PUD
GROUP
AccEs..so>t�#I�stu�arr�F. uses
P
P
P
P
P
P
P
P
_
!P
Accessory Building, Structure or Use
714
S
P
P
P
S
Garage Apartment
1
5
P
P
P
P
P
P
Home occupation
14
S
S
S
S
S
P
S
P
P
Servants or caretakers Quarters
1
6
P
P
P
P
P
P
P
P
P
Private Recreational Facility
8
P
P
P
P
P
P
P
P
P
Swimming Pool
3
P
P
P
P
P
P
P
P
P
Solar Collectors
P
P
P
P
P
P
P
P
IP
Temporary Portable Storage Containers
25
Sec. 30-33 (b) 25
Temporary portable storage containers may be located as a temporary structure on property
within the City of Beaumont for a period of no more than thirty (30) days. No more than two
temporary portable storage containers may be located on a specific piece of property within the
city at any one time. Such temporary container shall not be located on a specific property more
than two (2) times in any given thirty (30) calendar day period. Such temporary container shall
be located no closer than five (5) feet to the property line unless placed on an existing
impervious driveway. No container shall be placed on public right-of-way. Such container
shall not exceed eight (8) feet in height, eight (8) feet in width or twenty (20) feet in length.
No advertising other than the name of the company, its phone number and its website shall
appear on the container. It shall be the obligation of the owner or user of such temporary
container to secure it in a manner that does not endanger the safety of persons or property in
the vicinity of the temporary container. In the event of high winds or other inclement weather
conditions in which such structure may become a physical danger to persons or property, the
appropriate code enforcement officers may require the immediate removal of such temporary
container. In the event of fire, hurricane or natural disaster causing substantial damage to the
dwelling structure, the property owner may apply to the Planning Manager for permission to
extend the time that a portable on demand storage container may be located as a temporary
structure on the property. Extensions shall be for periods of thirty (30) days with no more than
two (2) grants of extensions allowed.
At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 8:0 to approve
an amendment to Chapter 30, Zoning Ordinance, by amending Section 30-4 (b), amending Section
30-24 (b) Permitted Use Table, and adding Section 30-33 (b) 25, regulations for temporary portable
storage containers with the conditions that the company's website be permitted on the container and
the maximum length of the container shall not exceed 20 feet.
Recommended by Planning Commission, City Manager, Public Works Director and the Planning
Manager.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30,
SECTIONS 30-4(b) AND 30-24(b), PERMITTED USE
TABLE, ACCESSORY RESIDENTIAL USES, OF THE
CODE OF ORDINANCES OF THE CITY OF BEAUMONT,
AND ADDING SECTION 30-33(b)25; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 30, Section 30-4(b), of the Code of Ordinances of the City of Beaumont
be and the same is hereby amended by adding the following definition to read as
follows:
Sec. 30-4. Definitions.
(b) Definitions: In the interpretation of this chapter, the following words and terms are
to be used and interpreted as defined hereinafter:
Temporary Portable Storage Container. A purpose-built, fully enclosed, box -like
container that is designed for the temporary storage of furniture, clothing or other
personal or household belongings as part of the process of household renovation
or moving or the relocation of household belongings to an offsite commercial
storage location. Such containers shall not be used to store solid waste,
business inventory, commercial goods or any illegal or hazardous materials, nor
shall such containers be used for human or animal occupation. Such containers
are uniquely designed for ease of loading to and from a transport vehicle.
Section 2.
THAT Chapter 30, Section 30-24(b) Permitted Use Table (Table Inset), Accessory
Residential Uses, of the Code of Ordinances of the City of Beaumont be and the same
is hereby to read as follows:
Sec. 30-24. Permitted uses.
(b) Permitted use table. The permitted uses in each specific zoning district are shown
by means of symbols in the permitted use tables on the following pages. The letter "P"
in the zoning district column opposite the listed permitted use means the use is
permitted as a use of right in that district subject to (1) providing of off-street parking in
the amounts required by reference to the "parking group" column, and (2) subject to
compliance with all of the requirements specified in the section or sections whose
number appears in the "special conditions" column opposite the permitted use. The
letter "S" in the zoning district column opposite the permitted use means the use is
permitted in that zoning district only after (1) providing off-street parking in the amounts
required by reference to the "parking group" column, (2) subject to compliance with all
of the requirements specified in the section or sections whose number appears in the
"special conditions" column opposite the permitted use and (3) obtaining a specific use
permit as set forth in Article III, section 30-26. No primary use shall be permitted in any
district other than a use shown in the following tables and no primary use shall be
permitted in any district unless the letter "P" or the letter "S" appears opposite the listed
permitted use.
PERMITTED USE TABLE
Section 3.
x
THAT Chapter 30, Section 30-33, of the Code of Ordinances of the City of Beaumont be
and the same is hereby amended by adding Subsection 30-33(b)(25) to read as follows:
Sec. 30-33. Special conditions.
(b) Special conditions by use.
(25) Temporary portable storage containers may be located as a temporary
structure on property within the City of Beaumont for a period of no more than
thirty (30) days. No more than two temporary portable storage containers may
be located on a specific piece of property within the city at any one time. Such
temporary container shall not be located on a specific property more than two (2)
times in any given thirty (30) calendar day period. Such temporary container
shall be located no closer than five (5) feet to the property line unless placed on
an existing impervious driveway. No container shall be placed on public right-of-
way. Such container shall not exceed eight (8) feet in height, eight (8) feet in
width or twenty (20) feet in length. No advertising other than the name of the
company, its phone number and its website shall appear on the container. It
shall be the obligation of the owner or user of such temporary container to secure
it in a manner that does not endanger the safety of persons or property in the
vicinity of the temporary container. In the event of high winds or other inclement
weather conditions in which such structure may become a physical danger to
persons or property, the appropriate code enforcement officers may require the
immediate removal of such temporary container. In the event of fire, hurricane or
natural disaster causing substantial damage to the dwelling structure, the
property owner may apply to the Planning Manager for permission to extend the
time that a portable on demand storage container may be located as a temporary
structure on the property. Extensions shall be for periods of thirty (30) days with
no more than two (2) grants of extensions allowed.
Section 4.
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 5.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 6.
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 25th day
of September, 2007.
- Mayor Becky Ames -
10
September 25, 2007
Consider approving a request for a zone change from GC -MD (General Commercial -Multiple
Family Dwelling) to C -M (Commercial -Manufacturing) District for properties located at 715 and
745 Chamberlin
OL
TO:
FROM:
PREPARED BY:
MEETING DATE:
AGENDA MEMO DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Tom Warner, Public Works Director
September 25, 2007
September 18, 2007
REQUESTED ACTION: Council consider a request for a zone change from GC -MD
(General Commercial -Multiple Family Dwelling) to C -M
(Commercial -Manufacturing) District for properties located at
715 and 745 Chamberlin.
RECOMMENDATION
The Administration recommends approval of a zone change from GC -MD (General Commercial -
Multiple Family Dwelling) to C -M (Commercial -Manufacturing) District for properties located at 715
and 745 Chamberlin.
BACKGROUND
Robert Peavey, representing PumpTex, Inc., has requested a zone change from GC -MD (General
Commercial -Multiple Family Dwelling) District to HI (Heavy Industrial) District or more restrictive
district. The properties are located at 715 and745 Chamberlin.
Mr. Peavey states that PumpTex purchased 715 Chamberlin in 2001. They have since outgrown that
property and have purchased 745 Chamberlin to house the company's future expansion. He is
therefore requesting that both properties be rezoned to HI or C -M.
This portion of Chamberlin is a mix of uses. CM zoning is immediately to the north and west and HI
zoning is to the east.
At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 8:0 to approve
a request for a a zone change from GC -MD (General Commercial -Multiple Family Dwelling) to C -M
(Commercial -Manufacturing) District for properties located at 715 and 745 Chamberlin.
Recommended by Planning Commission, City Manager, Public Works Director and the Planning
Manager.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED GC -MD (GENERAL
COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT
TO C -M (COMMERCIAL -MANUFACTURING) DISTRICT FOR
PROPERTY LOCATED AT 715 AND 745 CHAMBERLIN,
BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned as GC -MD (General Commercial -Multiple Family
Dwelling) District to C -M (Commercial -Manufacturing) District for property located at 715
and 745 Chamberlin, being Lot 8 and Lots 9-10, Tract 2, Block 4, Caldwood Acres, City of
Beaumont, Jefferson County, Texas, containing 1.60 acres, more or less, as shown on
Exhibit 'A" and the official zoning map of the City of Beaumont is hereby amended to
reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2007.
- Mayor Becky Ames -
)04-Z: Request for a zone change from GC -MD (General Commercial -Multiple
Y Dwelling) District to H1 (Heavy Industrial) District or more restrictive district.
ion: 715 and 745 Chamberlin
plicant: Pump Tex, Inc.
0 100 200 300 400 Feet
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EXHIBIT "A"
11
September 25, 2007
Consider approving a request for a specific use permit to allow retail merchandise sales in a GC -
MD -2 (General Commercial -Multiple Family Dwelling -2) District at 7130 Eastex Freeway
TO:
FROM:
PREPARED BY:
MEETING DATE:
AGENDA MEMO DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Tom Warner, Public Works Director
September 25, 2007
September 18, 2007
REQUESTED ACTION: Council consider a request for a specific use permit to allow
retail merchandise sales in a GC -MD -2 (General Commercial -
Multiple Family Dwelling -2) District at 7130 Eastex Freeway.
RECOMMENDATION
The Administration recommends approval of a specific use permit to allow retail merchandise sales
in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at 7130 Eastex Freeway
subject to the following conditions:
1. No direct access to Concord Road.
2. Provide a vegetative screen along Concord Road.
3. Direct lighting away from Concord Road.
BACKGROUND
Carl Penland, representing Academy Sports + Outdoors, has requested a specific use permit to allow
parking, two driveways and landscaping within a 25' wide strip of GC -MD -2 zoning along the west
side of Concord. The property is located at 7130 Eastex Freeway.
Academy is constructing a 98,155 sq. ft. store on the subject property. In addition to the store,
related parking, dock facilities for receiving merchandise and a storm water detention structure will
be constructed.
In February, 2000, City Council approved a zone change for the subject property. The property was
rezoned to GC -MD with the exception of a 25' wide strip of GC -MD -2 zoning along the west side
of Concord. This 25' wide strip was approved to provide protection for the residential properties on
the east side of Concord. Nearby property owners stated that Concord Road, north of Highway 105
was not of sufficient width to handle the additional traffic that would be generated by commercial
development. In addition, they did not want to look at the back of a commercial building.
According to the site plan, two 35' wide driveways onto Concord will be constructed. In addition,
a 20'6" wide landscape strip will installed.
At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 8:0 to deny a
request for a specific use permit to allow retail merchandise sales in a GC -MD -2 (General
Commercial -Multiple Family Dwelling -2) District at 7130 Eastex Freeway.
Recommended by Planning Commission, City Manager, Public Works Director and the Planning
Manager.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW RETAIL MERCHANDISE SALES IN A
GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY
DWELLING -2) DISTRICT LOCATED AT 7130 EASTEX
FREEWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific use
permit to Academy Sports & Outdoors to allow retail merchandise sales in a GC -MD -2
(General Commercial -Multiple Family Dwelling -2) District located at 7130 Eastex Freeway,
as described in Exhibit "A" and shown on Exhibit "B" 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 retail merchandise sales in a GC -MD -2 (General
Commercial -Multiple Family Dwelling -2) District located at 7130 Eastex Freeway, as
described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof
for all purposes, is hereby granted to Academy Sports & Outdoors, its legal
representatives, successors and assigns, subject to the hereinafter described conditions:
• No direct access to Concord Road;
• Provide a vegetative screen along Concord Road; and
0 Directing lighting away from Concord Road.
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 "C"
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 25th day of
September, 2007.
- Mayor Becky Ames -
LEGAL DESCRIPTION continued
of the Jefferson County Deed Records, the east corner of the residue of said called 1 acre tract,
and the most easterly corner hereof;
THENCE, South 43 degrees 00 minutes 24 seconds West, a distance of 25.03 feet, leaving the
southwest right-of-way line of said Concord Road, to a corner of said 25 -foot zone GC -NM -2
area;
THENCE, along a line parallel to and 25 feet southerly of the southwesterly right-of-way line
of said CONCORD ROAD, as follows:
North 49 degrees 46 minutes 33 seconds West, a distance of 570.03 feet to an angle point;
North 50 degrees 22 minutes 17 seconds West, a distance of 288.86 feet to a corner,
THENCE, North 32 degrees 03 minutes 50 seconds East, a distance of 25.22 feet, along the
northwest line of said 10.604 acre tract, to the POINT OF BEGINNING and containing a
computed area of 0.4943 acres (21, 532) square feet of land being in ZONE GC -NM -2.
EXHIBIT "A"
05-P: Request for a specific use permit to allow retail merchandise sales in a
(General Commercial -Multiple Family Dwelling) District.
7130 Eastex Freeway
: Carl Penland
4D
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4
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Exhibit "B"
EXHIBIT "C”
Himal
HIMM3111
12
September 25, 2007
Consider approving a request for a specific use permit to allow parking for a restaurant in a GC -
MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located on the
west side of Warren Street, approximately 467' north of W. Cardinal Drive
TO:
FROM:
PREPARED BY:
MEETING DATE:
AGENDA MEMO DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Tom Warner, Public Works Director
September 25, 2007
September 18, 2007
REQUESTED ACTION: Council consider a request for a specific use permit to allow
parking for a restaurant in a GC -MD -2 (General Commercial -
Multiple Family Dwelling -2) District for property located on
the west side of Warren Street, approximately 467' north of
W. Cardinal Drive.
RECOMMENDATION
The Administration recommends approval of a specific use permit to allow parking for a restaurant
in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District for property located on
the west side of Warren Street, approximately 467north of W. Cardinal Drive.
BACKGROUND
Lionel Arsement has requested a specific use permit to allow parking for the Rockin' A Restaurant
at 3520 W. Cardinal Drive.
In August, 2007, City Council approved a zone change from RM -H (Residential Multiple Family
Dwelling -Highest Density) to GC -MD -2 (General Commercial -Multiple Family Dwelling -2)
District.
The proposed use of the property is for parking for the restaurant. Mr. Arsement is expanding his
business to include an additional 11,900 sq. ft. of open and enclosed structures.
At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 7:0 to approve
a request for a specific use permit to allow parking for a restaurant in a GC -MD -2 (General
Commercial -Multiple Family Dwelling -2) District for property located on the west side of Warren
Street, approximately 467' north of W. Cardinal Drive.
Recommended by Planning Commission, City Manager, Public Works Director and the Planning
Manager.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW PARKING FOR A RESTAURANT IN A
GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY
DWELLING -2) DISTRICT FOR PROPERTY LOCATED ON
THE WEST SIDE OF WARREN STREET, APPROXIMATELY
467' NORTH OF W. CARDINAL DRIVE 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 Lionel Arsement to allow parking for a restaurant in a GC -MD -2 (General
Commercial -Multiple Family Dwelling -2) District for property located on the west side of
Warren Street, approximately 467' north of W. Cardinal Drive, as described in Exhibit "A"
and shown on Exhibit "B" 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 parking for a restaurant in a GC -MD -2 (General
Commercial -Multiple Family Dwelling -2) District for property located on the west side of
Warren Street, approximately 467' north of W. Cardinal Drive, as described in Exhibit "A"
and shown on Exhibit "B," attached hereto and made a part hereof for all purposes, is
hereby granted to Lionel Arsement, his legal representatives, successors and assigns.
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 "C"
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 25th day of
September, 2007.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being a 1.6 acre portion of Block 20, M.C. Cartwright Addition, beginning at said tract's
southeast corner which is located approximately 467.56 feet north of the northwest corner
of the intersection of Warren Street and W. Cardinal Drive, thence in a westerly direction for
a distance of approximately 323 feet to said tract's southwest corner, thence in a northerly
direction for a distance of approximately 205.28 feet to said tract's northwest corner, thence
in an easterly direction for a distance of approximately 323 feet to said tract's northeast
corner, thence in a southerly direction for a distance of approximately 205.56 feet to the point
of beginning, City of Beaumont, Jefferson County, Texas, containing 1.6 acres, more or less.
EXHIBIT "A"
109-P: Request for a specific use permit to allow parking for a restaurant in a G(
(General Commercial -Multiple Family Dwelling -2) District.
on: West side of Warren Street, approximately 467' north of W. Cardinal Drive
Lionel Arsement
ARD1NqI- pR W Was
0 100 200 Feet
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Exhibit "B"
GC -MD
NAM
SC: I I' = 30'
5YM6OL CHART
A 1)(15TNG RTTCHEN / DINING ROOM / ENR
9rx5TING CONERENCE ROOM
C ER15TING HALL
D CA5TING WL
E EX15nNG COVERED AREA,
P- NM'ADO!noN
G NEW RE5TROOM5 (MEN / WOMEN)
NEW COV. AREA
OOAR TREES (C A55'A-)
® 25'-0' APART
® CREPE MYRTLE (C:A55 V)
GREEN AREA
C= 'JGUVRUM JAPONICA SHRUBS
G'-0- MGI'. WOOD FENCE
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GENERAL NOTE
i DSCAMNG SPRINKLER 515TEM-A5 51
CITY OP 9EAUMONT, TOMS REGULADONS
TER49 NUR_
ERYMAN5 MANUAL ( SEC. 30-31 )
LANDSCAPNG, 5CRMS GREQUIREMMTS
SEC. 30-3. PLANNING DIV1510N.�
PARKING SPACES
259 PUBLIC PARKING SPACES
15 EMPLOYEE SPACES
9 HANDICAP SPACES
283 TOTAL SPACES
323.00'
EXHIBIT ILC"
Ix
September 25, 2007
Consider approving a request for a specific use permit to allow a middle/high school in a GC -MD
(General Commercial -Multiple Family Dwelling) District at 1050 Broadway
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: September 25, 2007
AGENDA MEMO DATE: September 18, 2007
REQUESTED ACTION: Council consider a request for a specific use permit to allow
a middle/high school in a GC -MD (General Commercial -
Multiple Family Dwelling) District at 1050 Broadway.
RECOMMENDATION
The Administration recommends approval of a specific use permit to allow a middle/high school in
a GC -MD (General Commercial -Multiple Family Dwelling) District at 1050 Broadway.
BACKGROUND
Debra Sias, Ph.D., has requested a specific use permit to allow a Christian -based middle/high school
in a GC -MD (General Commercial -Multiple Family Dwelling) District. The property is located at
1050 Broadway.
Dr. Sias states that the grades served will be 6 - 12. Regular classes will run from 8 a.m.-3:30 p.m.
Extended classes will finish at 5:00 p.m. The approximate number of students will be 50. Staff will
include three teachers and three aides. Much of the teaching will be through video instruction. Dr.
Sias says that the curriculum will be based on the A Beka system.
The school will consist of an existing 8,000 sq. ft. building and related parking. 35 parking spaces
are in a lot immediately adjacent to the school building. Another 62 parking spaces are located in
a lot across Broadway.
At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 7:0 to approve
a request for a specific use permit to allow a middle/high school in a GC -MD (General Commercial -
Multiple Family Dwelling) District at 1050 Broadway.
Recommended by Planning Commission, City Manager, Public Works Director and the Planning
Manager.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A MIDDLE/HIGH SCHOOL IN A GC -MD
(GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING)
DISTRICT LOCATED AT 1050 BROADWAY 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 Debra Sias, Ph.D., to allow a middle/high school in a GC -MD (General
Commercial -Multiple Family Dwelling) District located at 1050 Broadway, being Lots 9-12,
Block 6 and Lots 6-8, Block 17, Calder Addition, City of Beaumont, Jefferson County,
Texas, containing 1.12 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 a middle/high school in a GC -MD (General Commercial -
Multiple Family Dwelling) District located at 1050 Broadway, being Lots 9-12, Block 6 and
Lots 6-8, Block 17, CalderAddition, City of Beaumont, Jefferson County, Texas, containing
1.12 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof
for all purposes, is hereby granted to Debra Sias, Ph.D., her legal representatives,
successors and assigns.
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 25th day of
September, 2007.
- Mayor Becky Ames -
e 1908-P: Request for a specific use permit to allow a school in a GC -MD (General
mmercial-Multiple Family Dwelling) District.
cation: 1050 Broadway
plicant: Debta Sias, PhD
GC -M
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Exhibit "B"
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Exhibit "B"
September 25, 2007
Consider approving a request for a specific use permit to allow a mini -warehouse self -storage
facility in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located
approximately 425' west of the northwest corner of College and 23' Street
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: September 25, 2007
AGENDA MEMO DATE: September 18, 2007
REQUESTED ACTION: Council consider a request for a specific use permit to allow
a mini -warehouse self -storage facility in a GC -MD (General
Commercial -Multiple Family Dwelling) District for property
located approximately 425' west of the northwest corner of
College and 23`d Street.
RECOMMENDATION
The Administration recommends approval of a specific use permit to allow a mini -warehouse self -
storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District for property
located approximately 425' west of the northwest corner of College and 23`d Street, subject to the
following conditions:
1. Aisle width must meet city requirements.
2. A 6' wide landscape strip along the parking lot frontage must be installed.
BACKGROUND
John Holm, representing Fittz & Shipman, Inc., has requested a specific use permit to allow a mini -
warehouse self -storage facility in a GC -MD (General Commercial -Multiple Family Dwelling)
District. The property is located approximately 425' west of the northwest corner of College and 23`d
Street.
The mini -warehouse facility will consist of a 60,000 sq. ft. building and related parking. The
proposed use is similar to other uses in the area. Surrounding properties are all commercial and/or
industrial.
At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 7:0 to approve
a request for a specific use permit to allow a mini -warehouse self -storage facility in a GC -MD
(General Commercial -Multiple Family Dwelling) District for property located approximately 425'
west of the northwest corner of College and 23rd Street, subject to the following conditions:
Aisle width must meet city requirements.
A 6' wide landscape strip along the parking lot frontage must be installed.
Recommended by Planning Commission, City Manager, Public Works Director and the Planning
Manager.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A MINI -WAREHOUSE SELF -STORAGE
FACILITY IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE
FAMILY DWELLING) FOR PROPERTY LOCATED
APPROXIMATELY 425' WEST OF THE NORTHWEST
CORNER OF COLLEGE AND 23RD STREETS, BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific use
permit to American Builders to allow a mini -warehouse self -storage facility in a GC -MD
(General Commercial -Multiple Family Dwelling) located approximately 425' west of the
northwest corner of College and 23dStreets, as described in Exhibit "A" and shown on
Exhibit "B" 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 mini -warehouse self -storage facility in a GC -MD
(General Commercial -Multiple Family Dwelling) District located approximately 425' west
of the northwest corner of College and 23 d Streets, as described in Exhibit "A" and shown
on Exhibit "B" attached hereto and made a part hereof for all purposes, is hereby granted
to American Builders, its legal representatives, successors and assigns, subject to the
hereinafter described conditions:
0 Aisle width must meet City requirements; and
• A 6' wide landscape strip along the parking lot frontage must be installed.
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 "C"
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 25th day of
September, 2007.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
That certain 2.626 acre tract out of the David Brown Survey, Abstract 5, Jefferson County,
Texas, and begin out of that called 19.28 acre tract conveyed to Toccoa, Ltd. as recorded in
Clerks File No. 2004043569 of the Official Public Records of Jefferson County, Texas, said
2.626 acres being more particularly described by metes and bounds as follows:
Basis of Bearings is the west line of the said 19.28 acre tract having been called North 00° 04'
00"East.
BEGINNING at a 1/2" capped iron rod found in the north right-of-way line of College Street
for the southeast corner of a tract conveyed to Murphy 1992 Trust as recorded in Clerks File
No. 9817429 of the Official Public Records of Real Property of Jefferson County, Texas and
the southwest corner of the said 19.28 and 2.626 acre tracts;
THENCE North 00° 04' 00" East along the east line of the said Murphy 1992 Trust tract and
the west line of the said 19.28 and 2.626 acre tracts a distance of 404.64 feet (called North 00:::i'
00"East) to a point for the northwest corner of the said 2.626 acre tract from which 1/2" capped
iron rod set in the south line of the Fannin Street Ditch for the northwest corner of the said
19.28 acre tract bears North 00° 04' 00" 847.46 feet (called North 00° 04' 00"East);
THENCE South 89° 40' 10" East along the north line of the said 2.626 acre tract a distance of
479.99 feet to a point for the northeast corner of the said 2.626 acre tract;
THENCE South 00'19'50" West along the east line of the said 2.626 acre tract a distance of
67.02 feet to a 1/2" capped iron rod set in the north line of a called 3.27 acre tract (the Penske
Tract), a plat recorded in the File #2005008064 of the Official Public Records of Jefferson
County, Texas for an exterior corner of the said 2.626 acre tract from which a 1/2" capped iron
rod set for the northeast corner of the said 3.27 acre tract bears South 89°58'00" East 195.08
feet (called South 89° 58' 00" East);
THENCE North 89° 58' 00"West along the said north line of the 3.27 acre tract and an interior
line of the said 2.626 acre tract a distance of 229.53 feet (called North 89° 58' 00" West) to a
1/2" capped iron rod set for the northwest corner of the said 3.27 acre tract and an interior
corner of the said 2.626 acre tract;
THENCE South 00° 14'50" West along the west line of the said 3.27 acre tract and an interior
corner of the said 2.626 acre tract a distance of 335.16 feet (called South 000 14' 50" West
335.16 feet) to a 1/2" capped iron rod set in the said north right-of-way line of College Street
and the south line of the said 19.28 acre tract for the southwest corner of the said 3.27 acre tract
and the southeast corner of the said 2.626 acre tract from which a 1/2" capped iron rod set at
the intersection of the west right-of-way line of S. 23rd Street and the north right-of-way line
College Street for the southeast corner of the said 19.28 and 3.27 acre tracts bears South 89°
58' 00" East 424.60 feet (called South 8911 58' 00" East);
EXHIBIT "A"
LEGAL DESCRIPTION continued
THENCE North 89° 58'00" West along the said north right-of-way line of College Street and
the south line of the said 19.28 and 2.626 acre tracts a distance of 224.10 feet (called North 89°
58'00" West) to the POINT OF BEGINNING and containing 2.626 acres of land more or
less.
e 1907-P: Request for a specific use permit to allow a mini -warehouse self -storage facil
a GC -MD (General Commercial -Multiple Family Dwelling) District.
c .tion: Approximately 425' west of the northwest corner of College and 23d Street
iplicant: Fittz & Shipman, Inc. 0 100 200 Feet
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15
September 25, 2007
Consider approving a request for a specific use permit to allow a beauty shop in an RCR
(Residential Conservation and Revitalization) District at 2390 Broadway
E
MONT
,TEXASS
TO:
FROM:
PREPARED BY:
MEETING DATE:
AGENDA MEMO DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Tom Warner, Public Works Director
September 25, 2007
September 18, 2007
REQUESTED ACTION: Council consider a request for a specific use permit to allow
a beauty shop in an RCR (Residential Conservation and
Revitalization) District at 2390 Broadway.
RECOMMENDATION
The Administration recommends approval of a specific use permit to allow a beauty shop in an RCR
(Residential Conservation and Revitalization) District at 2390 Broadway.
BACKGROUND
Judith Rich has applied for a specific use permit to allow a beauty shop in an RCR (Residential
Conservation and Revitalization) District. The property is located at 2390 Broadway.
In October, 2001, City Council approved a specific use permit to allow three apartment units on the
subject property. At that time, the specific use permit was approved with parking in the rear yard.
Ms. Rich, a licensed beautician, would now like to convert the rear first floor apartment into a three
chair beauty shop. The beauty shop will be open from 9 a.m. - 7 p.m., Tuesday - Saturday. Two of
the apartments, with access on Broadway, will remain. Parking for the apartments is provided at the
front and side of the property.
At a Joint Public Hearing held September 17, 2007, the Planning Commission voted 6:0 to approve
a request for a specific use permit to allow a beauty shop in an RCR (Residential Conservation and
Revitalization) District at 2390 Broadway.
Recommended by Planning Commission, City Manager, Public Works Director and the Planning
Manager.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A BEAUTY SHOP IN AN RCR
(RESIDENTIAL CONSERVATION AND REVITALIZATION)
DISTRICT LOCATED AT 2390 BROADWAY 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 Judith Rich to allow a beauty shop in an RCR (Residential Conservation and
Revitalization) District located at 2390 Broadway, being Lots 15-16, Block 22, Averill
Addition, City of Beaumont, Jefferson County, Texas, containing 0.306 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 a beauty shop in an RCR (Residential Conservation and
Revitalization) District located at 2390 Broadway, being Lots 15-16, Block 22, Averill
Addition, City of Beaumont, Jefferson County, Texas, containing 0.306 acres, more or less,
as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is
hereby granted to Judith Rich, her legal representatives, successors and assigns.
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 25th day of
September, 2007.
- Mayor Becky Ames -
N Request for a specific use permit to allow a beauty shop in an RCR
al Conservation and Revitalization) District.
2390 Broadway
plicant: Judith Rich
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16
September 25, 2007
Consider approving a request to rename Pipkin Park to Pipkin Patriots Park
City Council Agenda Item
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TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Parks and Recreation Director
MEETING DATE: September 25, 2007
AGENDA MEMO DATE: September 17, 2007
REQUESTED ACTION: Council consider renaming Pipkin Park to Pipkin Patriots
Park.
RECOMMENDATION
Administration recommends approval of renaming the park.
BACKGROUND
The local chapter of the Daughters of the American Revolution (DAR) is requesting that Pipkin Park
be renamed Pipkin Patriots Park to recognize and honor all veterans.
This request coincides with the 75`h anniversary of the dedication of the Temple to the Brave, which
was constructed on the park in 1932 as a memorial to Texas soldiers who had fought in all wars. The
DAR, in cooperation with the City, has worked to renovate and restore the building and plans to
rededicate the Temple later this year on November 1 lth.
Pipkin Park was developed on property purchased by the City in 1919. It was later divided into two
separate parts with the construction of Pennsylvania Avenue in 1971. The main area of the park is
where the Temple is located, and the other part was approved for sale at the City general election
held on May 12, 2007.
Staff has no objections and supports the intent of this action.
BUDGETARYIMPACT
The cost for a new sign is about $2,400. The DAR is financially able to pay one-half of the cost; the
balance is available in the operating budget of the Parks and Recreation Department.
LINDA C. CANSLER
ATTORNEY AT LAW
P.O. BOX 693
BEAUMONT. TEXAS 77704-0693
(409) 835-5920 FAX: (409) 835-4105
�uet�st > 1, 2007
Mr. Kyle Hayes,
City Manager,
City of Beaumont
P.O. Box 3827
Beaumont, Texas 77704
RE: Pipkin Park and Temple to the Brave
Dear Mr. Hayes:
�a'Dor
c
I"m writing to you as the Regent of the Col. George Moffett Chapter, NSDAR about
renaming the portion of Pipkin Park in which the Temple to the Brave is located to Pipkin
Patriots Park.
As you may know the Temple was built as a project of the Col. George Moffett Chapter.
Construction started in 1931, during the term of pest Regent Lelia Tatum Pipkin. The entire
community helped in raising the money to build the -Temple. It was dedicated on October 19,
1932. as a memorial to Texas soldiers who had nought in all wars. This year marks the 75"'
Anniversary of that dedication.
Several organizations have kept a loving, watchful eye on the Temple. Some of these are
the Col. George Moffett Chapter, NSDAR, the Jefferson County Sheriffs Department Benefit
Association, and the Jefferson County Historical Commission. Volunteers opened it up for
visitors.
In the 1980s, the Temple became a museum for military relics, artifacts, documents and
history paying tribute to military veterans. In recent years it has been opened up on patriotic
holidays for visitors. In 2003" through the efforts of past Regent Carleen Reese Faucett, the
Texas State Regent visited and placed a DAR Historical Marker on the Temple.
Time and Hurricane Rita were net kind to )1e Temple. Our Chapter noticed this fact.
With the help and cooperation of the City of Beaurnont and the efforts of Major Dennis White,
our Chapter, under the guidance of past Regent Betty Terrell Owens and committee chair, Ida
McFaddin Pyle, worked to renovate and restore the Temple.
We request that the part of Pipkin Park where our Temple stands be renamed PIPKIN
PATRIOTS PARK" in honor and remembrance of all our veterans - most especially our local
heroes. We ask that this request be presented to City Council as soon as possible and that the
Col. George Moffett Chapter be notified so that we may appear and speak on behalf of this
proposal.
Please contact me ifvk)u have any questions or suggestions.
S1nccaYy yours,
Linda C. Cansler
RESOLUTION NO.
WHEREAS, the local chapter of the Daughters of the American Revolution (DAR)
wishes to recognize and honor all veterans; and
WHEREAS, the DAR has requested the renaming of Pipkin Park to Pipkin Patriots
Park to so honor all veterans; and
WHEREAS, it has been deemed appropriate to rename Pipkin Park to Pipkin
Patriots Park to recognize and honor all veterans;
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT Pipkin Park is hereby renamed to Pipkin Patriots Park in recognition and honor of
all veterans.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2007.
- Mayor Becky Ames -
17
September 25, 2007
Consider approving an ordinance adopting local rules of the Beaumont Municipal Court
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: September 25, 2007
AGENDA MEMO DATE: September 21, 2007
REQUESTED ACTION: Consider an ordinance adopting local rules of the Beaumont
Municipal Court.
RECOMMENDATION
These rules are recommended for Council's consideration by Councilmembers Beaulieu and Samuel,
designated liaison members to the Municipal Court.
BACKGROUND
The Charter of the City of Beaumont establishes a municipal court for the trial of misdemeanor
offenses with such powers and duties as are given and prescribed by the laws of the State of Texas.
It also gives to the City Council the authority to appoint one or more magistrates of the court. Judges
James McNicholas, Theodore Johns and Craig Lively are the appointed magistrates to the court.
Judge James McNicholas is presently the Chief Magistrate.
Article 45.203 of the Texas Code of Criminal Procedure authorizes the governing body of a
municipality to prescribe by ordinance rules, not inconsistent with any law of the state, as may be
proper to enforce the collection of fines imposed by the municipal court. The Code also grants
authority to adopt such rules and regulations concerning the practice and procedures in the court as
the Council may consider proper. Rules have been drafted for Council consideration and adoption
consistent with your authority to do by law.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE ADOPTING LOCAL RULES OF
THE BEAUMONT MUNICIPAL COURT; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR REPEAL.
WHEREAS, Article 45.203 of the Texas Code of Criminal Procedure
authorizes the governing body of a municipality to adopt rules and regulations concerning
the practice and procedures in its municipal court; and,
WHEREAS, the City Council is of the opinion that the Local Rules of the Municipal
Court should be adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That the Local Rules of the Municipal Court attached hereto as Exhibit "A" and made
a part hereof for all purposes are hereby adopted and approved.
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 in no way affect the remaining portions of this
ordinance, and to such end the provisions of this ordinance are declared to be severable.
Section 3.
All ordinances or part of ordinances in conflict herewith are repealed to the extent
of the conflict only.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2007.
- Mayor Becky Ames -
Page 1 of 22
Draft revised 9-20-07
EXHIBIT "A"
City of Beaumont - Rules of the Court
LOCAL RULES OF THE MUNICIPAL COURT
CITY OF BEAUMONT
It is intended that these Rules be construed consistent with Article 45.001 of the Texas Code of
Criminal Procedure. Furthermore, these Rules may be amended from time to time so as to be
consistent with State and Federal law and the Ordinances of the City of Beaumont.
BE IT KNOWN that on this day, , 2007, the Municipal
Court of Beaumont, Texas has adopted its LOCAL RULES OF THE MUNICIPAL COURT, in
order to provide efficiency, uniformity and fairness in conducting the business of this Court.
James D. McNicholas
Chief Magistrate
Theodore J. Johns
Associate Judge
Craig R. Lively
Associate Judge
Page 2 of 22
TABLE OF CONTENTS
RULE ONE: APPEARANCE AND ENTRY OF A PLEA
RULE TWO: COURTROOM DECORUM
RULE THREE: NOTICE
RULE FOUR: MOTIONS FOR CONTINUANCE
RULE FIVE: OTHER PRE-TRIAL MOTIONS
RULE SIX: PRE-TRIAL DOCKET
RULE SEVEN: OTHER DOCKETS AND ORDERS
RULE EIGHT: TRIAL SETTINGS
RULE NINE: POST TRIAL
RULE TEN: PAYMENT OF FINES
RULE ELEVEN: DISMISSALS
RULE TWELVE: JUVENILES
RULE THIRTEEN: WARRANTS
Page 3 of 22
RULE ONE: APPEARANCE AND ENTRY OF A PLEA
RULE 1.1 - APPEARANCE
The Court appearance date that appears on a citation or summons is the initial appearance setting to
inform the defendant of the charges pending.
RULE 1.2 — INITIAL APPEARANCE DOCKET AND TRIAL REQUEST
RULE 1.2.1 The purpose of the initial appearance setting is to determine the defendant's plea to
the offense charged and for the Court to apprise defendants of their Constitutional Rights. At the
initial appearance setting, the defendant may enter a plea of guilty, not guilty, or nolo contendere
(no contest). If the plea is guilty or nolo contendere, the defendant may give an explanation in
mitigation of any fine or punishment to be assessed prior to the Judge assessing such fine or
punishment. If a not guilty plea is entered, the case will be set for a trial at a later date. If the
defendant wishes to have a trial by jury, a jury trial request should be made at the initial
appearance.
RULE 1.2.2 The appearance setting for those persons detained in the Jefferson County Jail for
criminal offenses within the jurisdiction of the City of Beaumont Municipal Court shall be held
each weekday at times prescribed by the Chief Magistrate.
RULE 1.2.3 Failure of the defendant to timely appear on or before the initial appearance date will
result in the issuance of a warrant for the defendant's arrest.
RULE 1.2.4 Upon making a request for trial, the attorney of record shall provide the attorney's
name, office address, bar card number, and telephone number. A defendant representing
himself/herself and requesting a trial shall provide the Court with current work and home address
and telephone numbers.
RULE 1.2.5 Until a matter is finally concluded and the case file is closed, the defendant is
responsible for keeping the Court informed of any change in the defendant's address or telephone
number.
RULE 1.3 - WRITTEN PLEA
All pleas shall be in writing, except for pleas entered in open Court before a Judge. A fine payment
shall constitute a plea of nolo contendere (no contest) as allowed by law.
RULE 1.4 — PLEA BY MAIL
The date of the postmark shall be designated as the date of filing of any plea received by mail.
Page 4 of 22
RULE 1.5 — PLEA BY FAX
The date of receipt of a FAX by the Court Clerk's office shall be designated as the date of filing of
any plea.
RULE 1.6 — DEFENDANT'S APPEARANCE
A defendant who is not represented by an attorney must appear in person at all Court settings of
his/her case(s).
RULE 1.7 — PREFERENTIAL TRIAL SETTINGS
To receive a preferential setting, subject to the Court's approval, a party must meet one of the
following criteria:
a. reside more than fifty (50) miles outside of the city;
b. have a circumstance, condition, illness, or injury that would necessitate an expedited
or specially set disposition of the case;
C. have a non -defendant witness who has appeared on at least two prior trial settings
without their case having been reached, or
d. present evidence to the Court of other sufficient good cause noted by the Court in
the case file to warrant a preferential setting.
Page 5 of 22
RULE TWO: COURT DECORUM
RULE 2.1— COURTROOM ORDER
RULE 2. 1.1 The Court is charged with the responsibility of maintaining proper order and
decorum. Order shall be maintained at all times. Violation of this rule can result in a reprimand by
the Court, expulsion from the Courtroom or a contempt citation. All litigants, jurors, witnesses,
lawyers, and others with whom the Court deals in an official capacity are to conduct and dress
themselves in a manner deemed fitting and respectable. Courtroom dress and attire must conform to
Local Rule 2.2
RULE 2.1.2 Unless a party/attorney is making an objection, only one person may speak at a time.
No one may talk while the Judge is talking. All participants will address others respectfully.
RULE 2.2 - COURTROOM DRESS/ATTIRE
Part of Courtroom decorum is Courtroom attire. No one shall be permitted in the Courtroom in
shorts, flip-flops or thong type footwear, tank tops, muscle shirts, halter tops, or T-shirts with
indecent words or graphics. Pants are to be worn at the waist with no exposed undergarments. No
hats, caps, head coverings or sunglasses shall be worn in the Courtroom, except for medical reasons
with permission of the Court. Any person not dressed in appropriate Courtroom attire is subject to
removal from Court by the bailiff.
RULE 2.3 — ELECTRONIC DEVICES
All electronic devices including cell phones and pagers must be turned off or set to silent mode
before entering the Courtroom unless you have received express prior approval from the Court.
Failure to comply will result in the person's removal from the Courtroom.
RULE 2.4 — WEAPONS
Absolutely no weapons of any sort shall be allowed in the Courtroom except those on the person of
commissioned peace officers. The Judge shall have the discretion to have any object
removed from the Courtroom. Any persons entering the Courthouse are subject to search.
RULE 2.5 — FOOD/DRINK
In order to maintain cleanliness and decorum in the Courtroom, no food, chewing gum, candy or
drinks of any type shall be consumed in or brought in to the Courtroom.
RULE 2.6 — SEATING
All persons in the Courtroom shall be seated except when addressing the Judge or jury, when a seat
is not available, when directed to rise by a Court officer, or with permission of the Judge.
Page 6 of 22
RULE 2.7 — UNSCHEDULED ATTORNEY APPEARANCES
Attorneys seeking to discuss cases with the City Prosecutor should contact the prosecutor about the
case and about having the case files brought from the Clerk's Office. Attorneys are not authorized
to hold case files unless authorized by a Judge. Attorneys wanting to see a Judge or City Prosecutor
may call ahead and have the case(s) brought from the Clerk's Office. Cases will be held in the
Judge's office or City Prosecutor's office no longer than 24 hours.
RULE 2.8 — CASE FILES
Defendants and their attorneys have access to defendant files only in the presence of Court
personnel. Clerks shall not release files to anyone except Court personnel. Files shall not be
removed from the Courtroom except with authorization by the Judge.
Page 7 of 22
RULE THREE: NOTICE
RULE 3.1— RESPONSIBILITY
It is the responsibility of all persons with business before the Court to a) determine the date, time
and nature of each setting of case(s): and b) update or notify the Court of any change of address.
RULE 3.2 — ATTORNEY REPRESENTATION
Notice of attorney representation of a defendant shall be made in writing and filed with the Court
Clerk. A copy of such notice shall be included in the papers of the case.
RULE 3.3 — NOTICE OF SETTINGS
Notice of the date, time and nature of each setting shall be given to each party in writing, in person
or by mail, to the last known address of a party or counsel. A copy of each notice shall be
included in the papers of the case.
RULE 3.4 - VERBAL REPRESENTATIONS
Reliance upon verbal representation from any Court personnel concerning any matter shall not be
considered grounds for continuance, setting aside of a warrant or any other relief. Reliance upon
Court personnel or a police officer's verbal statement regarding disposition of an offense is not
binding upon the Court.
RULE 3.5 COMPLAINT
A copy of the complaint will be made available to the defendant or counsel upon request to the
Court Clerk.
Page 8 of 22
RULE FOUR: MOTIONS FOR CONTINUANCE
RULE 4.1 - MOTIONS FOR CONTINUANCE
RULE 4. 1.1 Continuances are governed by Chapter 29, Texas Code of Criminal Procedure.
These Local Rules augment but do not replace that Code.
RULE 4.1.2 Upon oral or written motion of the State or the defendant or his attorney, the Court
may grant a continuance upon a showing of good cause noted by the Court in the case file.
RULE 4.1.3 All motions for continuances should be advanced at least five (5) days prior to the
trial or hearing date and may be heard at such time as the Court may specify. Any motions for
continuance advanced less than the five (5) days may be granted, as deemed necessary by the
Court.
RULE 4.2 - FORM OF MOTIONS FOR CONTINUANCE
RULE 4.2.1 All written motions for continuance shall be filed with the Court Clerk. Such
motions should be filed upon discovering the necessity for a continuance but no less than five
(days) before the scheduled event.
RULE 4.2.2 Motions filed less than five (5) days prior to the scheduled event will be ruled on at
the call of the docket.
RULE 4.2.3 Each motion shall contain:
1) the cause number;
2) the name of the defendant;
3) the date and time of the setting to be continued;
4) the specific facts justifying the continuance;
RULE 4.3 - EMERGENCY MOTIONS FOR CONTINUANCE
Motions made and filed less than five (5) days prior to the scheduled event will be ruled on at the
call of the docket.
RULE 4.4 - FACTORS FOR MOTIONS FOR CONTINUANCE
Except in cases where constitutional or statutory continuances are sought, the following factors will
be among those considered in determining a motion for continuance:
1. The specific nature of the conflict (illness, higher Court schedule including Court
and case number, out of town, etc.)
2. The number of continuances previously granted to each party.
Page 9 of 22
3. The timeliness of the filing of the motion, including the date on which the conflict
became known to Movant.
RULE 4.5 - DENIED MOTIONS
If a motion is denied, in order to avoid an arrest warrant, a bond in the amount set by the Court
shall be posted unless determined otherwise by the Court to be in the interest of justice. It is the
responsibility of the defendant to determine whether the motion was granted or denied.
Page 10 of 22
RULE FIVE - OTHER PRE-TRIAL MOTIONS
RULE 5.1 - MOTIONS TO WITHDRAW
Any attorney who makes an appearance on behalf of a defendant or represents to the Court that
he/she is the attorney of record shall remain the attorney of record until a motion to withdraw as
counsel or substitute other counsel is granted.
RULE 5.2 - HEARING REQUIREMENTS: MOTION TO WITHDRAW
RULE 5.2.1 WITHOUT HEARING - A motion to withdraw as attorney of record will be granted
without a hearing only if the moving attorney:
A. files a certificate stating the last known mailing address of the
defendant, AND
B. files a written consent to the withdrawal signed by the client,
C. or includes in the motion a specific statement:
1) of the circumstances that prevent the moving attorney from obtaining the
client's written consent and
2) that the client has been notified of the attorney's intent to withdraw by forwarding
a copy of the motion to said client.
RULE 5.2.2 WITH A HEARING - If all requirements of Rule 5.2.1 are not satisfied, a motion to
withdraw must be presented at a hearing before the Court after notice to the defendant and to all
other parties.
RULE 5.3 - SUBSTITUTION
If a motion to substitute another attorney includes an appearance by another attorney, that
appearance will satisfy the requirements of Rule 5.2.1.
Page 11 of 22
RULE SIX: PRE-TRIAL DOCKET
RULE 6.1— JURY PRE-TRIAL DOCKETS
RULE 6. 1.1 Cases in which defendants have pleaded "not guilty" and requested a trial by jury
will be set for a jury pre-trial docket prior to being set for trial.
RULE 6.1.2 The pre-trial docket for jury trial cases shall be set at 1:30 p.m. on the Friday four
weeks immediately preceding the scheduled Tuesday jury trial date. At the jury pre-trial docket, the
defendant and/or his attorney will be given an opportunity to speak with the prosecutor and be
made aware of options in lieu of trial.
RULE 6.2 — NON -JURY PRE-TRIAL DOCKETS
RULE 6.2.1 Cases in which defendants have pleaded "not guilty" and requested a trial by Judge
will be set for a jury pre-trial docket on the day of trial.
RULE 6.2.2 At the non jury pre-trial docket, the defendant and/or his attorney will be given an
opportunity to speak with the prosecutor and be made aware of options in lieu of trial.
RULE 6.3 — PRE-TRIAL MOTIONS
RULE 6.3.1 Pretrial Motions shall be filed in writing in all cases where the defendant alleges
there are legal issues involving the sufficiency of the criminal complaint or the law from which the
complaint is drawn. These issues shall include, but not be limited to, any factual situations that
would invalidate the premise upon which a law or ordinance has been promulgated.
RULE 6.3.2 All pretrial motions will be heard prior to the commencement of the trial on the
merits.
RULE 6.3.3 At the discretion of the Court, pretrial motions may be set for a hearing upon written
request of either party, as governed by Chapters 27 and 28 of the Rules of Criminal Procedure, and
all other applicable rules regarding the hearing of pretrial motions.
RULE 6.3.4 No more than one pretrial hearing shall be set per case without leave of the Court.
Failure to file pretrial motions as indicated herein shall constitute a waiver of having those issues
heard before trial.
RULE 6.3.5 Unless leave of Court has been granted, all pretrial motions shall be filed at least
seven (7) days prior to the pre-trial hearing docket. Such motions shall be heard no later than the
pre-trial hearing docket.
RULE 6.3.6 It shall be the responsibility of the party filing any pretrial motion to serve opposing
counsel or party with a copy of the motion within three (3) days of the filing of said motion.
Service may be made by hand delivery, certified mail, or FAX.
Page 12 of 22
RULE 6.3.7 It shall be the responsibility of the party filing any pretrial motion to obtain a
hearing from the Clerk of the Court.
RULE 6.4 — FAILURE TO APPEAR FOR PRE-TRIAL HEARING
If the Defendant fails to appear in person or by counsel of record and announce ready for trial at the
time the case is called for pre-trial hearing without showing good cause noted by the Court in the
case file, the Court shall issue a warrant for the defendant's arrest and shall require that the
defendant post a bond.
Page 13 of 22
RULE SEVEN - OTHER DOCKETS AND ORDERS
RULE 7.1 - ANCILLARY DOCKETS
The Chief Magistrate may create Ancillary Dockets at such times and dates as may be deemed
necessary including but not limited to bond dockets, show cause dockets, probation dockets,
community service dockets, code enforcement dockets or any other dockets needed for the orderly
disposition of pending matters.
RULE 7.2 — STANDING ORDERS
The Chief Magistrate as needed may issue general standing orders, written or oral, to facilitate the
orderly disposition of pending matters.
Page 14 of 22
RULE EIGHT: TRIAL SETTINGS
RULE 8.1 - TRIAL DOCKET ANNOUNCEMENT
All cases set on the trial docket will be called at the time for which they are set, whereupon the
State and the defendant are expected to announce ready for trial subject to the hearing on any
properly filed pretrial motions.
RULE 8.2 - DEFENDANT'S FAILURE TO APPEAR FOR TRIAL
RULE 8.2.1 If the Defendant fails to appear in person and announce ready for trial at the time the
case is called for trial without showing good cause noted by the Court in the case file, the Court
shall issue a warrant for the defendant's arrest and will require that the defendant post a bond in
order to have the case reset, unless waived by a Judge for good cause shown and noted by the Court
in the case file.
RULE 8.2.2 A defendant who requested a jury trial but fails to appear for the trial will be ordered
to pay the costs incurred for impaneling the jury absent a showing of good cause noted by the Court
in the case file.
RULE 8.3 - STATE'S FAILURE TO APPEAR FOR TRIAL
If the State fails to appear and announce ready for trial at the time a case is called for trial, without
showing good cause noted by the Court in the case file, the Court may proceed to trial. If the
State's witness is not present, the State shall show good cause for the witness's absence, or proceed
to trial.
RULE 8.4 - SUBPOENA/EVIDENCE
The State is responsible for the appearance of all necessary witnesses in response to a defendant's
motion to suppress evidence. In all other cases, each party shall be responsible for subpoenaing its
own witnesses and physical evidence. A party's failure to subpoena a witness shall not constitute
good cause to continue the case.
RULE 8.5 - VISUAL/AUDIO AIDS
A defendant who wishes to use visual or audio aids in their defense must notify the Court at least
one (1) week prior to trial so that arrangements can be made for the proper equipment to be
available. The Judge shall make the final decision on what audio or video recordings, if any, are to
be admitted into evidence.
Page 15 of 22
RULE NINE: POST TRIAL
RULE 9.1— MOTION FOR NEW TRIAL
Motions for New Trial must be made within one day after the rendition of judgment and sentence.
RULE 9.2 — APPEALS
The appeal bond must be filed not later than the 10th day after the date the judgment was entered
by the trial Court.
RULE 9.3 — APPEAL BONDS
The amount of the appeal bond shall be two times the amount of the fine and costs adjudged against
the defendant but in no case less than $50.
RULE 9.4 — INABILITY TO POST APPEAL BOND
If a defendant is found by the Court to be indigent or otherwise too poor to pay the appeal bond,
she\he may file an Affidavit of Indigency with the Court and a Motion to Waive Costs within the
ten (10) day period to file an appeal bond. A hearing on the motion to waive costs shall then be
scheduled by the Court.
Page 16 of 22
RULE TEN - PAYMENT OF FINES
RULE 10.1- PAYMENT DUE AT TIME JUDGMENT IMPOSED
All fines and fees are due and payable at the time the sentence is imposed. No deferred
adjudication will be granted without full payment of the assessed Court costs and bond at the time
deferred adjudication is granted.
RULE 10.2 - TIME PAYMENT PLAN
RULE 10.2.1 If the defendant is not indigent but provides sufficient evidence that defendant is
unable to pay all fines and fees due at the time sentence is imposed, defendant who has some form
of income must apply for a Court approved time payment plan at the time sentence is imposed. If
the defendant qualifies, the Court may allow the defendant to pay the fine in periodic installments
and issue a binding Court order granting such time payment.
RULE 10.2.2 Failure to complete the required time payment plan application and financial
statement timely, truthfully and in full will result in the denial of a time payment plan and shall
result in the issuance of a warrant which will subject the defendant to arrest.
RULE 10.2.3 If the defendant provides inaccurate information, incomplete information and/or
defaults on any payments agreed to and ordered under the time payment plan, a warrant will be
issued which will subject the defendant to arrest.
RULE 10.2.4 Providing false information on any time payment plan application or financial
statement shall result in an immediate default on the time payment plan and may result in additional
criminal charges against the defendant.
RULE 10.2.5 Defendants who have defaulted on a time payment plan shall not be allowed to
modify existing or establish any future time payment plans until all such past due time payment
plans, and any related fees and expenses, have been fully satisfied or paid in full.
RULE 10.2.6 No time payment plan may be modified except upon a hearing in open Court and a
showing by the defendant by a preponderance of the evidence that there is good cause noted by the
Court in the case file to modify such plan.
RULE 10.2.7 Inaccurate or incomplete information provided with the time payment application
and financial statement shall not constitute good cause to modify the time payment plan.
RULE 10.2.8 In order to insure the orderly disposition of cases subject to time payment plans, the
Court may issue from time to time standing orders regarding the processing of such plans.
RULE 10.2.9 In addition to the issuance of a warrant for defendant's arrest, any time payment
plan in default will be turned over to a collection agency for further civil processing and collection
without further order of the Court.
Page 17 of 22
RULE 10.2.10 Any time payment plan in default may be sua sponte converted to community
service by order of the Court in the interest of justice.
RULE 10.3 — COMMUNITY SERVICE
RULE 10.3.1 If a defendant is found by the Judge to be too poor to pay the fine and costs, upon
the finding of other good cause noted by the Court in the case file, or upon default on a time
payment plan, the Court in the interest of justice may order the defendant to discharge the fine and
costs by performing community service.
RULE 10.3.2 In the interest of justice, the Court may order sua sponte any defendant to discharge
the fine and costs by performing community service.
RULE 10.3.3 Absent a written acceptance letter presented by defendant in a timely fashion to
perform community service at an approved non-profit organization of defendant's choice, the Court
shall order defendant to perform community through the City of Beaumont.
RULE 10.3.4 Any community service ordered by the Court not specified by location in the
Court's order is presumed to be order to be performed through the City of Beaumont.
RULE 10.3.5 Absent a showing of good cause noted by the Court in the case file, failure to
complete the required community service application timely, truthfully and in full shall result in the
denial of community service and result in the issuance of a warrant which will subject the
defendant to arrest.
RULE 10.3.6 If the defendant provides inaccurate information, incomplete information and/or
without a showing of good cause noted by the Court in the case file, defaults on the performance of
community service ordered, a warrant will be issued which will subject the defendant to arrest.
RULE 10.3.7 Providing false information on any community service application may result in an
immediate default on the community service plan and may result in additional criminal charges
against the defendant.
RULE 10.3.8 Absent a showing of good cause noted by the Court in the case file, defendants who
have defaulted on community service shall not be allowed to modify existing or establish any
community service plans until all such past due plans, and any related fees and expenses, have been
fully satisfied or paid in full.
RULE 10.3.9 No community service plan may be modified except upon a hearing in open Court
and a showing by the defendant by a preponderance of the evidence that there is good cause to
modify such plan.
RULE 10.3.10 Inaccurate or incomplete information provided with the community service
application shall not constitute good cause to modify the community service plan.
Page 18 of 22
RULE 10.3.11 In order to insure the orderly disposition of cases subject to community service
plans, the Court may issue from time to time standing orders regarding the processing of such
plans.
RULE 10.4 - FAILURE TO SATISFY FINES AND FEES
If a defendant does not pay the fine, timely meet all obligations of a time payment plan, or
discharge the fine by performing community service as ordered by the Court, a warrant shall
be issued which will subject the defendant to arrest. The defaulting defendant may be confined to
jail until such time as all fines and fees are paid in full or satisfied by time in jail credited at the
prevailing rate established at law.
RULE 10.5 — INDIGENTS
In the event a defendant alleges that defendant is too poor to pay the fine and costs and is unable to
perform any manner of community service to discharge the fine and costs without undue hardship
on the defendant, upon notice to the defendant and the city prosecutor, the Court may set a hearing
to determine defendant's ability to pay or perform community service. Upon a finding by the Court
that the defendant is too poor to pay the fine and is unable to perform any community service, the
Court may waive payment of a fine or cost imposed on said defendant.
RULE 10.6 — JAIL TIME CREDIT
Credit for time served in jail may be granted by the Court in accordance with the Texas Code of
Criminal Procedure subject to sufficient documentary proof to the Court of the actual jail time
served for convictions related to citations issued through the City of Beaumont. Consideration of
credit for time served in any other jurisdictions or for any convictions other than those imposed
through the City of Beaumont may be granted or denied at the discretion of the Court in the interest
of justice.
Page 19 of 22
RULE ELEVEN - DISMISSALS
RULE 11.1 —JUDICIAL DISMISSALS
Judicial dismissals of any charge, whether mandatory or discretionary, may be granted in
accordance with the specific common law, constitutional or statutory authority vesting the trial
Court with such dismissal power.
RULE 11.2 — PROSECUTORIAL DISMISSALS
Absent specific statutory authority to the contrary, the prosecutor may, upon motion, dismiss a
charge with judicial consent or approval.
RULE 11.3 — OTHER DISCRETIONARY DISMISSALS
Absent specific statutory authority to the contrary, the prosecutor and Court may agree to the entry
of standing orders granting the dismissal of a charge upon proof of defendant's correction of the
cited defect or violation prior to answer date or in the interest of justice.
Page 20 of 22
RULE TWELVE - JUVENILES
RULE 12.1— APPEARANCE IN OPEN COURT WITH PARENT
A person who is considered a juvenile (10-17 years of age) must appear in person in open Court
before a Judge accompanied by a parent or legal guardian at all appearances. No action will be
taken unless the juvenile is so accompanied by such parent or legal guardian. However, the Court
may hear the case if satisfied that due diligence has been used to obtain the presence of the parent
or legal guardian.
RULE 12.2 - ALCOHOL RELATED OFFENSES
A minor (under 21 years of age) charged with an alcohol related offense under Chapter 106 of the
Alcoholic Beverage Code must be present in person in open Court before a Judge to enter a plea of
guilty or no contest. Furthermore, no person under 18 years of age may be convicted of an alcohol-
related offense without the parent or legal guardian present. However, the Court may hear the case
if satisfied that due diligence has been used to obtain the presence of the parent or legal guardian.
RULE 12.3 - FAILURE TO APPEAR OR COMPLY WITH ORDER
Any juvenile who fails to appear for her/his Court setting or fails to comply with any order of Court
will have their driver's license suspended or will not be able to obtain their driver's license until
compliance is achieved.
RULE 12.4 - JUVENILE COMMUNITY SERVICE
The Court may sua sponte order any person convicted of an offense committed as a juvenile to
satisfy payment of the fine and costs owed by performing community service. Credit for
community service performed for convictions of juvenile offenses shall be set by the Court at a rate
of $50 to $100 per eight hours of community service performed, or in accordance with the current
statutory rate.
Page 21 of 22
RULE THIRTEEN - WARRANTS
RULE 13.1— ISSUANCE OF ARREST WARRANTS
The Judge shall order the issuance of warrants for the arrest of a defendant who fails to timely
appear for any Court setting in accordance with Article 45.014, Texas Code of Criminal Procedure.
RULE 13.2 — ISSUANCE OF CAPIAS PRO FINE WARRANT
If a defendant fails to satisfy the judgment according to its terms, the Judge shall order a capias pro
fine issued for the arrest of a defendant in accordance with Article 45.045, Texas Code of Criminal
Procedure.
RULE 13.3 — TEMPORARY SERVICE OF WARRANT
Upon appearance in open Court of a defendant subject to a warrant for arrest, the Judge may order
the defendant to post a bond and the warrant to be temporarily served subject to the posting of the
bond. Warrants shall remain active if the defendant fails to post bond in accordance with the
Court's order.
RULE 13.4 — TEMPORARY SERVICE OF CAPIAS PRO FINE AND COMMITMENT
RULE 13.4.1 Except in cases of Court determined indigence or where other good cause noted by
the Court in the case file is presented to the Judge in open Court by the defendant subject to a
capias pro fine warrant for arrest, the fine and costs owed must be paid in full by defendant or a
partial payment and time payment plan determined to be acceptable by the Court must be made
before any warrant can be temporarily served. Otherwise, the warrant shall remain active and a
non -indigent defendant will be committed to jail until such fines and fees are satisfied in full.
RULE 13.4.2 Except on a Court finding of indigence, no capias pro fine warrants will be
temporarily served without a partial payment determined to be acceptable by the Court.
RULE 13.5 — OTHER WARRANTS
The Judge may order the issuance of any other warrants in accordance with the requirements of the
Texas Statutes, the Texas Constitution and United States Constitutions.
Page 22 of 22
is
September 25, 2007
PUBLIC HEARING: Receive comments and requests relating to six month extensions for
occupying FEMA or travel trailers
Consider approving an ordinance allowing for a six month extension for occupying a FEMA or
travel trailer at 5530 Thames, 1772 Grand, 3452 Grand, 680 Rhone, 1735 W. Highland, 2315
Sabine Pass, 3395 Maida, 1417 Church, 120 Langham, 2585 Linson, 3490 French, 1575
Threadneedle, 1745 Delaware and 660 Woodrow and denying an extension for 2650 Houston
TO:
FROM:
PREPARED BY:
MEETING DATE:
AGENDA MEMO DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Tom Warner, Public Works Director
September 25, 2007
September 18, 2007
REQUESTED ACTION: City Council, after conducting a public hearing, consider an
ordinance allowing for a six month extension for occupying
a FEMA or travel trailer at 5530 Thames, 1772 Grand, 3452
Grand, 680 Rhone, 1735 W. Highland, 2315 Sabine Pass,
3395 Maida, 1417 Church, 120 Langham, 2585 Linson, 3490
French, 1575 Threadneedle, 1745 Delaware and 660
Woodrow and denying an extension for 2650 Houston.
RECOMMENDATION
The Administration recommends the following approvals and denials for a six month extension for
occupying a FEMA or travel trailer:
Approvals
1772 Grand
2585 Linson
1745 Delaware
680 Rhone
3452 Grand
3490 French
5530 Thames
3395 Maida
120 Langham
1735 W. Highland
1575 Threadneedle
1417 Church
660 Woodrow
2315 Sabine Pass
Rebecca Payne
Ursula Washington
Florence James
Goltis Lazard Jr.
Lynda Winn
Albert Brazle
John Wallace
Mary Melvo
Harry Deitz
Dwight Harrison
James Lewis
Hattie Rubin
Albert McDonald
Joseph Gallien
Denials
2650 Houston Glen Simpson
BACKGROUND
On August 21, 2007, City Council approved an ordinance allowing any homeowner that needs to
occupy a travel trailer while Hurricane Rita repairs are being made to their home can do so until
October 20, 2007. Anyone needing additional time to repair or rebuild their homes must apply to
to City Council for a six month extension.
In determining eligibility for a six month extension, an applicant must prove one of three criteria:
1. Actively working on home
2. Applied for Disaster Recovery
3. In litigation with insurance carrier.
The Planning Manager recommends approval of the fourteen listed based upon the fact that each one
met at least one of the three criteria. The Planning Manager recommends denial of Glen Simpson's
request because he is not eligible for the Hurricane Rita Disaster Recovery Program because he did
not get the necessary documentation to Housing Services in the allotted time.
Recommended by City Manager, Public Works Director and the Planning Manager.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE EXTENDING FOR A PERIOD
OF SIX (6) MONTHS THE PARKING, USE AND
OCCUPANCY OF RECREATIONAL VEHICLES OR TRAVEL
TRAILERS AS TEMPORARY LIVING QUARTERS ON
RESIDENTIAL PROPERTY LOCATED AT 1772 GRAND,
2585 LINSON, 1745 DELAWARE, 680 RHONE, 3452
GRAND, 3490 FRENCH, 5530 THAMES, 3395 MAIDA, 120
LANGHAM, 1735 W. HIGHLAND, 1575 THREADNEEDLE,
1417 CHURCH, 660 WOODROW AND 2315 SABINE PASS
DURING THE PERIOD OF REPAIR OR RECONSTRUCTION
OF DAMAGE TO PROPERTY CAUSED BY HURRICANE
RITA AND DENYING SAID EXTENSION FOR PROPERTY
LOCATED AT 2650 HOUSTON; PROVIDING FOR
SEVERABILITY; AND PROVIDING A PENALTY.
WHEREAS, on October 11, 2005, City Council approved Ordinance No. 05-078
allowing for a period of six (6) months the parking, use and occupancy of recreational
vehicles or travel trailers as temporary housing during the period of repair or reconstruction
of hurricane -damaged properties; and,
WHEREAS, on April 4, 2006, City Council approved Ordinance No. 06-021 granting
a six (6) month extension; and,
WHEREAS, on September 25, 2006, City Council approved Ordinance No. 06-064
granting a six (6) month extension; and,
WHEREAS, on August 21, 2007, City Council approved Ordinance No.07-082
granting an additional six (6) month extension to those citizens occupying FEMA or travel
trailers on residential property who are able to establish that they are either actively
working on repairing their homes, have applied for disaster recovery or are in litigation with
insurance carriers; and
WHEREAS, the following property owners have made application for an extension
to occupy a FEMA trailer or travel trailer on the residential properties listed below:
and,
1772 Grand
2585 Linson
1745 Delaware
680 Rhone
3452 Grand
3490 French
5530 Thames
3395 Maida
120 Langham
1735 W. Highland
1575 Threadneedle
1417 Church
660 Woodrow
2315 Sabine Pass
2650 Houston
Rebecca Payne
Ursula Washington
Florence James
Goltis Lazard Jr.
Lynda Winn
Albert Brazle
John Wallace
Mary Melvo
Harry Deitz
Dwight Harrison
James Lewis
Hattie Rubin
Albert McDonald
Joseph Gallien
Glen Simpson
WHEREAS, the City Council has determined that it is in the best interest of the City
of Beaumont to extend to certain property owners the privilege for an additional six (6)
month period to allow recreational vehicles or travel trailers to be occupied on residential
property as temporary housing during the period of repair or reconstruction of hurricane -
damaged properties:
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
THAT it is hereby permitted for an additional period of six (6) months from the
effective date of this ordinance the parking, use, and occupancy of recreational vehicles
or travel trailers on residential property as temporary living quarters by property owners
listed below while the damage to these properties caused by Hurricane Rita is being
repaired, disaster recovery relief has been applied for or litigation with insurance
companies is being pursued:
1772 Grand
2585 Linson
1745 Delaware
680 Rhone
3452 Grand
3490 French
5530 Thames
3395 Maida
120 Langham
1735 W. Highland
1575 Threadneedle
1417 Church
660 Woodrow
2315 Sabine Pass
Rebecca Payne
Ursula Washington
Florence James
Goltis Lazard Jr.
Lynda Winn
Albert Brazle
John Wallace
Mary Melvo
Harry Deitz
Dwight Harrison
James Lewis
Hattie Rubin
Albert McDonald
Joseph Gallien
Section 2.
THAT the property owner listed below is unable to establish that the property
damaged by Hurricane Rita is being repaired, that he has applied for disaster recovery
relief, or is in litigation with an insurance company and is, therefore, denied an extension
for the parking, use, and occupancy of recreational vehicles or travel trailers on residential
property as temporary living quarters:
2650 Houston Glen Simpson
Section 3.
It shall be unlawful for any person to park any such recreational vehicle or travel
trailer used for purposes of occupancy as temporary living quarters on any street, highway,
alley, sidewalk, or other public place in the City of Beaumont.
Section 4.
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 5.
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 this the 25th day of
September, 2007.
- Mayor Becky Ames -
RECOMMENDING
APPROVAL
1. Address: 1772 Grand
Applicant: Rebecca Payne
We recommend approval of an extension as the applicant qualifies for a
hurricane Rita Disaster Recovery Program and the home is under
construction.
9/18/07
2. Address: 2585 Linson
Applicant: Ursula Washington
We recommend approval of an extension as the applicant has made
application to a Rita Recovery Program through United Methodist
Church
9/18/07
3. Address: 1745 Delaware
Applicant: Florence James
We recommend approval of an extension as the applicant has applied for
assistance through Grant Works, Inc. HOME Program.
9/18/07
4. Address: 680 Rhone
Applicant: Goltis Lazard, Jr.
We recommend approval of an extension as the applicant is actively
working on the home.
9/18/07
5. Address: 3452 Grand
Applicant: Lynda Winn
We recommend approval of an extension as the applicant is actively
working on the home.
9/18/07
6. Address: 3490 French
Applicant: Albert Brazle
We recommend approval of an extension as the applicant Qualifies for
the Hurricane Rita Disaster Recovery Program and has made
application through United Methodist Church.
9/18/07
7. Address: 5530 Thames
Applicant: John Wallace
We recommend approval of an extension as the applicant qualifies for
the Hurricane Rita Disaster Recovery Program.
9/18/07
8. Address: 3395 Maida
Applicant: Mary Melvo
We recommend approval of an extension as the applicant is actively
working on the home.
9/18/07
9. Address: 120 Langham
Applicant: Harry Dietz
We recommend approval of an extension as the applicant is actively
working on the house.
9/18/07
10. Address: 1735 W. Highland
Applicant: Dwight Harrison
We recommend approval of an extension as the applicant qualifies for
the Hurricane Rita Disaster Recovery Program.
9/18/07
11. Address: 1575 Threadneedle
Applicant: James Lewis
We recommend approval of an extension as the applicant has applied for
funds from a Nehemiah's Vision Disaster Recovery Program.
9/18/07
12. Address: 1417 Church
Applicant: Hattie Rubin
We recommend approval of the extension as the applicant is in litigation with
his insurance company.
9/18/07
13. Address: 660 Woodrow
Applicant: Albert McDonald
We recommend approval of an extension as the applicant is actively working
on the house and is in litigation with his insurance company.
9/18/07
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RECOMMENDING
DENIAL
Address: 2650 Houston
Applicant: Glen Simpson
We recommend denial of the request for an extension as the applicant did not
qualify for Hurricane Rita Disaster Relief Program.
9/18/07