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HomeMy WebLinkAboutPACKET NOV 25 2008 (02)RICH WITH OPPORTUNITY BEA,UMON* T • E • % • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 25, 2008 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize a one year contract with the Greater Beaumont Chamber of Commerce for economic development purposes B) Authorize the City Manager to execute the renewal of a lease agreement for office space for the Southeast Texas Auto Theft Task Force C) Authorize the settlement of the lawsuit styled April Gentry vs. The City of Beaumont RICH WITH OPPORTUNITY BEA,11M0N* T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer November 25, 2008 REQUESTED ACTION: Council consider authorizing a one year contract with the Greater Beaumont Chamber of Commerce in the amount of $85,000 for economic development purposes. RECOMMENDATION The administration recommends funding the Greater Beaumont Chamber of Commerce $85,000 for the period January 1, 2009 through December 31, 2009 from the General Fund. BACKGROUND The funds will be used for marketing Beaumont and business retention/recruitment efforts. Administration is extremely pleased with the relationship between the City and the Chamber. BUDGETARY IMPACT Funds are available in the General Fund. November 11, 2008 Mr. Kyle Hayes City Manager City of Beaumont 801 Main Street, Suite 300 Beaumont, Texas 77704-3827 Dear Kyle: On behalf of the board of directors of the Greater Beaumont Chamber of Commerce, I am requesting your consideration for the renewal of our contract to provide economic development services for the City of Beaumont. We cordially request funding at the same level as last year or $85,000. Each year we leverage the public dollars we receive with other fund raising efforts to provide business recruitment and retention services, and a variety of efforts to stimulate the growth of our area. Our accomplishments for 2007-2008 are summarized in the enclosed annual report. Whether it is our continued assistance to the Eastman Chemical Company's industrial gasification project; our work to arrange expansion loans for small businesses such as Easy's, Gator Country, or the Comfort Suites on Walden; or our community development efforts to pass the BISD bond referendum, I think you will agree there is a strong return on the investment of the city in our organization. We are available to make a presentation to City Council to further elaborate on our work and direction for the future. We very much appreciate your continued support and look forward to working with you in the future. Sincere , Jim Rich, President THE GREATER BEAUMONT CHAMBER of COMMERCE 1 1110 PARK • P O BOX 3150 • BEAUMONT, TEXAS 77704 • PH: 409-838-6581 • FX: 409-833-6718 • 0 r,MONT, TEXAS 7 7 7 04 An Accredited Member of the United States Chamber of Commerce 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 one (1) year contract with the Greater Beaumont Chamber of Commerce in the amount of $85,000 for economic development purposes effective January 1, 2009 through December 31, 2009. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of November, 2008. - Mayor Becky Ames - F RICH WITH OPPORTUNITY BEA,UMON* T• E• X• A - S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Frank C. Coffin, Jr., Chief of Police November 25, 2008 REQUESTED ACTION: Council consider authorizing the City Manager to execute the renewal of a lease agreement for office space for the Southeast Texas Auto Theft Task Force RECOMMENDATION Administration recommends Council approval. BACKGROUND The purpose of the ATTF is to detect stolen vehicles and related items. Officers investigate automobile theft rings and inspect salvage yards, used car lots, and automotive repair shops to check for stolen vehicles, motors and other parts. The Task Force consists of seven employees of the Beaumont Police Department, and one officer each from Port Arthur, Jefferson County, and Hardin County. Of the seven Beaumont officers, three are detectives from the Criminal Investigations Division. Those three are now considered part of the Task Force and also benefit from the use of the building. Funding for the program is provided by a grant from the Texas Auto Theft Prevention Authority (ATPA). The lease area is approximately 3,900 square feet located at 2430 West Cardinal Drive, Suite C, and owned by Bar C Ranch Company, Bill Wilson, President. The space has been leased by the ATTF since 1993. The monthly rental will increase starting this year to $1,755.00. This is a 5% increase. The ATTF is very satisfied with the location and wishes to extend the agreement to retain use of the facility. The current lease expired on September 30, 2008. All provisions of the lease remain the same as the prior agreement. ATTF is responsible for the cost of all utilities for the lease area. Hazard insurance, taxes and dumpster services are provided by the owner. The City may terminate this lease without penalty by giving three (3) months written notice. Attached for your review is a copy of the extension and amendment of lease agreement in its substantial form. BUDGETARYIMPACT The total estimated expenditure is $21,060 per year for the three (3) year contract period. Funds are reimbursed to the City through the ATPA Grant. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute a three (3) year renewal lease agreement with Bar C Ranch Company for Southeast Texas Auto Theft Task Force office space located at 2530 West Cardinal Drive, Suite C, at a monthly rental fee of $1,755.00. The lease agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of November, 2008. - Mayor Becky Ames - EXTENSION AND AMENDMENT OF LEASE AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS THAT COUNTY OF JEFFERSON WHEREAS, under date of September 8, 2005, BAR C RANCH COMPANY, INC., as LANDLORD, and CITY OF BEAUMONT/SOUTHEAST TEXAS AUTO THEFT TASK FORCE, as TENANT, did execute and enter into LEASE AGREEMENT (hereinafter referred to as "the Lease"), said Lease providing for the use and occupancy by TENANT, subject to the terms thereof, of certain office and warehouse space located at 2430 West Cardinal Drive, Suite C, Beaumont, Jefferson County, Texas, 77705; and WHEREAS, the 3 -year term thereof commenced October 1, 2005 and expired September 30,2008; and WHEREAS, it is the desire of LANDLORD and TENANT to ratify and confirm the lease and to provide for a rent adjustment and renewal of the Lease; NOW THEREFORE, in consideration of the premises and of the agreements and covenants herein contained, together with One Dollar ($1.00) and other valuable consideration paid, the receipt and sufficiency of which is hereby acknowledged and confessed, BAR C RANCH COMPANY, INC., as LANDLORD, does hereby lease, grant, demise and let said premises unto CITY OF BEAUMONT/SOUTHEAST TEXAS AUTO THEFT TASK FORCE, as TENANT, and TENANT hereby accepts said premises, subject to and in accordance with the following amendments, terms and conditions: The primary term of the Lease shall be extended for an additional 3 -year period, which period shall be deemed to have commenced October 1, 2008 and which shall expire September 30, 2011. During the extended term of this lease, Tenant agrees to pay Landlord annual rent in the amount of Twenty -One Thousand Sixty and No/100 Dollars ($21,060.00) payable in monthly installments of One Thousand Seven Hundred Fifty -Five and No/100 Dollars (1,755.00) each. LANDLORD AND TENANT each hereby ratify and confirm the Lease as herein renewed and amended. (Signatures to Follow) EXHIBIT `A' IN WITNESS WHEREOF, this instrument is executed this day of October, 2008. LANDLORD TENANT BAR C RANCH COMPANY, INC CITY OF BEAUMONT / SOUTHEAST TEXAS AUTO THEFT TASK FORCE By: Michael S. Wakefield Property Manager 2 By: Kyle Hayes, City Manager C RICH WITH OPPORTUNITY [I 1'Ew..A, � T• E• X• A - S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorne MEETING DATE: November 25, 2008 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit styled April Gentry vs. The City of Beaumont. RECOMMENDATION Council approval of a resolution authorizing the settlement of a lawsuit styled April Gentry v. City of Beaumont in the amount of $85,000. BACKGROUND This matter was presented and discussed in an Executive Sessions held on September 9, 2008, and November 18, 2008. The City Attorney is requesting authority to settle this suit. BUDGETARY IMPACT There are sufficient funds in the General Liability Fund to pay a settlement amount of $85,000. RESOLUTION NO. WHEREAS, the lawsuit styled April Gentry vs. The City of Beaumontwas discussed in Executive Sessions properly called and held Tuesday, September 9, 2008, and November 18, 2008; and, WHEREAS, the Council desires to authorize the settlement of the lawsuit styled A ril Gentry vs. The City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit styled April Gentry vs. The City of Beaumont for the amount of Eighty -Five Thousand ($85,000) Dollars. BE IT FURTHER RESOLVED that the City Manager be authorized to execute the necessary instruments on behalf of the City of Beaumont to settle the suit. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of November, 2008. - Mayor Becky Ames - RICH WITH OPPORTUNITY IIEA,UMON* T• E• X• A• S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 25, 2008 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-7, 9-12/ Consent Agenda * Consent Agenda GENERAL BUSINESS Consider a request for a zone change from GC -MD (General Commercial -Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District at 2925 Roberts and the tract on the south side of Roberts Avenue, 165' west of Fourth Street 2. Consider a request for a zone change from RM -H (Residential Multiple Family Dwelling -Highest Density) District to RS (Residential Single Family Dwelling) District, from RCR (Residential Conservation and Revitalization) District to RS (Residential Single Family Dwelling) District and from RCR (Residential Conservation and Revitalization) District to RCR-H (Residential Conservation and Revitalization -H) District 3. Consider a request for an amendment to Chapter 30, City of Beaumont Zoning Ordinance to create regulations for the RCR-H (Residential Conservation and Revitalization -H) District 4. Consider a request for a specific use permit to allow a boarding kennel in a GC - MD (General Commercial -Multiple Family Dwelling) District at 10925 Eastex Freeway Consider a request for a specific use permit to allow an accounting, taxes and insurance business office in an RCR (Residential Conservation and Revitalization) District at 2346 McFaddin 6. Consider a request for a specific use permit to allow a church in an RM -H (Residential Multiple Family Dwelling -Highest Density) District and an NC (Neighborhood Commercial) District at 1360 r Street 7. Consider a request for an amendment to the Major Street and Highway Plan 8. Consider a request to abandon a 20' alley in Block 11, Van Wormer Addition 9. Consider approving a bid to construct EMS Station No. 2 located at 3020 Municipal Drive 10. Consider authorizing the City Manager to execute Industrial District Contracts with DuPont Performance Elastomers and E. I. DuPont deNemours and Company, Inc. 11. Consider authorizing the City Manager to execute an Industrial District Contract with BMC Holdings, Inc. 12. Consider approving a new solid waste collection and transportation service franchise 13. Public Hearing: Receive comments relating to the readoption of the Juvenile Curfew Ordinance Consider readopting the Juvenile Curfew Ordinance WORKSESSION * Receive a status report relating to the Concord Road Project * Receive a report relating to homes that were flooded during Hurricane Ike 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: Tina Lewallen vs. the City of Beaumont Curtis Guillory vs. the City of Beaumont Claim of Donald Jackson Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at SM3716 three days prior to the meeting. 1 November 25, 2008 Consider a request for a zone change from GC -MD (General Commercial -Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District at 2925 Roberts and the tract on the south side of Roberts Avenue, 165' west of Fourth Street RICH WITH OPPORTUNITY 11 I'Lo I 11 1�1 U1 11 * T • E • % • A • S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager G5(3 Chris Boone, Community Development Director November 25, 2008 REQUESTED ACTION: Council consider a request for a zone change from GC -MD (General Commercial -Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District at 2925 Roberts and the tract on the south side of Roberts Avenue, 165' west of Fourth Street. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND Terry Gray and Georgia Gray Guillory have applied for the zone change. The subject property is located at 2925 Roberts and the lot immediately to the east of 2925 Roberts. Mr. Gray states that he has resided at 2925 Roberts all of his life. He has bought the lot to the east and would like to construct a new house on that lot. He would move into that house and then rehabilitate the house at 2925 Roberts. RS zoning exists immediately to the west of the subject property. Single family residences cannot be built on GC -MD zoned properties. At a Joint Public Hearing held November 17, 2008, the Planning Commission recommended approval 8:0 of a zone change from GC -MD (General Commercial -Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District at 2925 Roberts and the tract on the south side of Roberts Avenue, 165' west of Fourth Street. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OFTHE 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2925 ROBERTS AVENUE AND THE TRACT ON THE SOUTH SIDE OF ROBERTS AVENUE, 165' WEST OF FOURTH STREET, 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 particularthe 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 GC -MD (General Commercial -Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) Districtfor property located at 2925 Roberts Avenue and the tract on the south side of Roberts Avenue, 165' west of Fourth Street, being the East 80' of the west 165' of Lot 7 and the North 85' of the West 85' of Lot 7, Block 4, Fourth St. Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.3 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 affectthe 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 November, 2008. - Mayor Becky Ames - 01: Request for a zone change from GC -MD (General Commercial -Multiple Dwelling) Districtto RS (Residential Single Family Dwelling) District. n: 2925 -Roberts and the south side of Roberts Avenue, 165' west of Fourth Street [nt: Terry Gray 0 100 200 I I I I Feet November 25, 2008 Consider a request for a zone change from RM -H (Residential Multiple Family Dwelling -Highest Density) District to RS (Residential Single Family Dwelling) District, from RCR (Residential Conservation and Revitalization) District to RS (Residential Single Family Dwelling) District and from RCR (Residential Conservation and Revitalization) District to RCR-H (Residential Conservation and Revitalization -H) District RICH WITH OPPORTUNITY 11 11cm ► � T - E - X - A - S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager 6)0 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 25, 2008 REQUESTED ACTION: Council consider a request for a zone change from RM -H (Residential Multiple Family Dwelling -Highest Density) District to RS (Residential Single Family Dwelling) District, from RCR (Residential Conservation and Revitalization) District to RS (Residential Single Family Dwelling) District and from RCR (Residential Conservation and Revitalization) District to RCR-H (Residential Conservation and Revitalization -H) District RECOMMENDATION The Administration recommends approval of the request. BACKGROUND The Old Town Neighborhood extends from IH -10 to Smart and from 1S` Street to 11"' Street. From January, 2000 to June, 2008, there have been requests for fifty specific use permits within this area. As the demand for business locations within Old Town grows, so has the concern that the residential character of the area is being lost. In years past, the Old Town area had seen its desirability as a residential neighborhood decrease. As families moved to newer subdivisions, former residential structures either converted to commercial uses or sat vacant. To encourage redevelopment, the City rezoned parts of the neighborhood to allow commercial establishments and apartments. Since the inception of the Oaks Historic District, not only has there been a greater interest in preserving many of these historic properties but property values, in general, have increased. This increase in values has largely been the result of the additional protections the City has placed on the district. Property values have increased from an average of $25 a square foot prior to the creation of the district to an average of $43 a square foot in 2005. With renewed interest in returning the neighborhood to residential, the City has undertaken a number of steps to protect and encourage Old Town as a desirable neighborhood. The City recognizes that the historic district regulations are only as good as their enforcement. Along those lines, the City has dedicated a code enforcement officer to deal specifically with the Oaks Historic District. In addition to enforcement, the City realizes that educating residents of the regulations is of the utmost importance. The City and the Old Town Neighborhood Association have worked jointly to provide special street signs and a walking tour brochure to educate the public about the significance of the Oaks Historic District. In addition, the City and the Old Town group continue to work with realtors to inform them of the regulations. And while property owners are improving the Old Town neighborhood one structure at a time, the City has proposed several important infrastructure improvements in its Capital Improvement Plan. For example, Calder Avenue is to be reconstructed. As part of that project, the City will be evaluating the possibility of enhanced landscaping and streetscape design. Also, Seventh Street from IH -10 to Laurel is proposed to be rebuilt and is currently in the design phase. Eleventh Street, from Washington to US 69, is proposed to be rebuilt and is currently in the planning phase. Finally, the City has initiated a zoning study to better protect the area. More and more residents are requesting that areas be rezoned for single family uses as many of the commercial uses proposed in the past few years have been incompatible. As part of this study, the Community Development Department formed a five member committee to discuss and recommend possible changes. The committee was made up of Planning Commission members, residents of the neighborhood and a realtor. The committee made recommendations on zoning changes and how permitted uses in the RCR District might be altered to reflect the particular needs and desires of Old Town residents. RM -H and RCR permit some commercial uses with specific use permits. Commercial encroachment is what is causing grief for many residents. What it takes to convert a single family structure to commercial often makes the house less desirable for any future conversion back to single family. For properties where there are already commercial or multi -family uses, those uses will be grand -fathered. As long as they are not vacant for more than a year, their legal non -conforming status will continue. The proposed zoning changes include an area that is currently zoned RM -H and is located between ls` to the middle of the block south of Long and from 7"' to 6`". The described area would be rezoned to RS. Two areas that are currently zoned RCR and are located between ls` and Long and from 6`" to 4`' and between Hazel to the middle of the block south of Hazel and from 7`" to 3`d would be rezoned to RS. In addition, the RCR District was further looked at as to what sort of uses should be permitted. The Community Development staff and the review committee recommend that an RCR-H District be created for the Old Town area with uses particular to Old Town. The remaining RCR zoning was recommended to be changed to RCR-H. In the RCR-H, many office -type uses would be allowed. Retail uses that are now allowed in the RCR District would not be permitted in the RCR-H. The reasoning behind this recommendation centers around the idea that retail uses generate more traffic than office uses and would be better directed towards Calder where there is GC -MD zoning and ample retail space. A recent windshield survey identified ten retail establishments located within the residential areas of Old Town. At a Joint Public Hearing held November 17, 2008, the Planning Commission voted 4:4 for a zone change from RM -H (Residential Multiple Family Dwelling -Highest Density) District to RS (Residential Single Family Dwelling) District, from RCR (Residential Conservation and Revitalization) District to RS (Residential Single Family Dwelling) District and from RCR (Residential Conservation and Revitalization) District to RCR-H (Residential Conservation and Revitalization -H) District. 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 FROM RMH (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT; FROM RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT; AND FROM RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT TO RCR-H (RESIDENTIAL CONSERVATION AND REVITALIZATION -H) DISTRICT FOR THE OLD TOWN NEIGHBORHOOD, 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 particularthe 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 RM -H (Residential Multiple Family Dwelling -Highest Density) District to RS (Residential Single Family Dwelling) District, RCR (Residential Conservation and Revitalization) District to RS (Residential Single Family Dwelling) District, and RCR (Residential Conservation and Revitalization) District to RCR-H (Residential Conservation and Revitalization -H) District for property located in the Old Town Neighborhood as described below and shown on Exhibit "A" attached hereto: RCR to RS - Being Lots 1-13, Block 6, Averill Addition, Lots 7-12, Block 26, Lots 7-12, Block 27, Lots 1-3, 10-12, Block 28, Lots 1-12, Block 40, Lots 1-12, Block 41, Lots 1-12, Block 42, Lots 1-6, Block 44, Averill 2"d Addition, City of Beaumont, Jefferson County, Texas, containing 14.0 acres, more or less; RM -H to RS - Being Lots 1-13, Block 8, Lots 1-13 and 17-26, Block 9, Lots 1- 11 and 17-26, Block 10, Lots 1-26, Block 11, Lots 1-3, Lot 4, Tr. 1 and the South part of Lots 5-6, Block 12, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 16.67 acres, more or less; RCR to RCR-H - Being Lots 7-12, Block 16, Lots 7-12, Block 17, Lots 7-12, Block 18, Lots 7-12, Block 19, Lots 7-10, Block 20, Lots 1-6, Block 21, Lots 1- 12, Block 22, Block 23, Lots 1-12, Block 24, Block 1-12, Block 25, Lots 1-12, Block 26, Lots 1-12, Block 27, Lots 1-12, Block 28, Lots 1-6, Block 29, Averill 2nd Addition, Lots 1-26, Block 1, Lots 1-26, Block 2, Lots 14-26, Block 3, Lots 7-13, Block4, Lots 1-26, Block 5, Lots 1-26, Block6, Lots 1-7 and 15-28, Block 19, Lots 1-28, Block 20, Lots 1-14, Block 21, Lots 15-28, Block 22, Lots 1-28, Block 23, Lots 1-28, Block 24, Lots 1-26, Block 25, Lots 1-26, Block 26, Lots 14-26, Block 27, Lots 1-13, Block 28, Lots 1-26, Block 29, Lots 14-26, Block 30, Lots 14-26, Block 42, Lots 1-26, Block 43, Lots 1-13, Block 44, Lots 14-26, Block 45, Lots 1-26, Block 46, Lots 1-26, Block 47, Lots 1-12, Block 51, Lots 1- 12 and 19-30, Block 52, Lots 19-30, Block 53, Averill Addition, Lots 1-12, Block 1, Lots 7-12, Block 3, Lots 3-12, Block 4, Lots 1-12, Block 5, Lots 1-12, Block 6, Lots 1-12, Block 7, Lots 1-12, Block 8, Lots 1-12, Block 9, Lots 2-11, Block 10, Lots 3-6, Block 11, Lots 1-6, Block 12, Lots 1-6, Block 13, Lots 1-6, Block 14, Lots 1-6, Block 15, McFaddin 2nd Addition, Lots 1-2, Block 1, Lots 1-6, Block 2, Palm Place Addition, Tr. A, Block 1, Lots 1-6, Block 2, Lots 1-9, Block 3, Lots 1-9, Block 4, Oaks Addition, Lots 4-6, Block 3, Lots 1-6, Block 4, Lots 1-6, Block 5, Lots 1-6, Block 6, Parkdale Addition, City of Beaumont, Jefferson County, Texas, containing 183.86 acres, more or less. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable 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 affectthe 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 November, 2008. - Mayor Becky Ames - m X x w –4 D raft Proposed Zoning Map Changes IHIOE IHIOE IH —1OE Pllu= '""" IHIOEEBS',,�j C, B10 E EECH ST BEECH ST kLOUI"ISBMIA"NA bb: miGE vHi0EEBS 0 Zonim Z"*t-- 77 mu N WE o� + S ST RM -H, MGELl- -T ■ - a - r SMAK–ST'Ln ".,LWST P - e a Cl , y C e 1. u m 0 r '-%ICU WtTR OPPORTUNITY TB- E•X , A * E'0A,llM0ll*, S Proposed Zoni t Map Changes P WEd S IH tOEIH OF RW?IH 10E IH 10E IH tOEEBS BEECH ST BEECH ST " LOUISI� lk ALON R.•S. LEY AVE HARRISON AVE RM -t; mmmlllmm� WOE E IH 10 E IH tOEEBS 0 IN � sr =llrR-.=HE ST bu rr.o OANGELINA ST Fl 2.1 $� yi SMART ST SMA 1 SMARTST C� 'S av a r p IN ■ mnx g -0 m RIGH W('SN OPPORTUNITY [IFA,Illqnll* T - E - % - A - S November 25, 2008 Consider a request for an amendment to Chapter 30, City of Beaumont Zoning Ordinance to create regulations for the RCR-H (Residential Conservation and Revitalization -H) District RICH WITH OPPORTUNITY 11 I'Em , ( T- E- X- A- S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager 6 5� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 25, 2008 REQUESTED ACTION: Council consider a request for an amendment to Chapter 30, City of Beaumont Zoning Ordinance to create regulations for the RCR-H (Residential Conservation and Revitalization -H) District. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND In conjunction with the rezoning of several areas within the Old Town area, the Community Development Department recommends the creation of the RCR-H (Residential Conservation and Revitalization -H) District. The recommended changes to Chapter 30, Zoning Ordinance, are as follows: Sec. 30-5. Zoning District Establishment (a) 6. RCR-H, Residential Conservation and Revitalization -H District 7. NC, Neighborhood Commercial District 8. NSC, Neighborhood Shopping Center 9. GC -MD, General Commercial -Multiple Family Dwelling District 10. GC -MD -2, General Commercial -Multiple Family Dwelling -2 District 11. Central Business District 12. C -M, Commercial Manufacturing District 13. LI, Light Industrial 14. HI, Heavy Industrial 15. PUD, Planned Unit Development 16. HC -L, Historic -Cultural Landmark Preservation Designation 17. HC, Historic -Cultural Landmark Preservation Overlay District 18. PD, Port Development District 19. OP, Office Park District Sec. 30-11.1. RCR-H, Residential Conservation and Revitalization District Regulations. (a) General Purpose and Description: The RCR-H, Residential Conservation and Revitalization -H District, is intended for predominately residential areas in the Old Town Area of the City which are characterized by significant concentrations of poor or fair structural housing conditions and which may have a mixture of residential and commercial uses. Conservation, protection and revitalization of existing residential areas is achieved in this district by providing City Council with the opportunity to review and conditionally approve or deny requests for higher density residential development and compatible selected commercial uses. Approval of the specific use permit and the site plan by the City Council will encourage future multi family and commercial uses that will stimulate the normal, orderly development and improvement of the area without adversely affecting residential livability or diminishing or impairing property values. (b) Permitted Uses: Uses permitted in an RCR-H, Residential Conservation and Revitalization -H District, are set forth in Sec. 30-24. The commercial uses permitted in this district shall not exceed four thousand (4, 000) square feet in gross floor area for any lot or tract. (c) Area and Height Regulations: Area and height regulations in an RCR-H, Residential Conservation and Revitalization -H District, are set forth in Section 30-25. Sec. 30-11.2. OP, Office Park District Regulations Sec. 30-24B. Permitted Use Table See Following Sec. 30-25. District Area and Height Regulations (c)3 A building or structure in any zoning district may exceed the district maximum height regulations with a specific use permit provided that there shall be an additional one (1) foot of required yard for each two (2) feet of additional height. In NC, NSC, C -Se, GC -MD, GC -MD -2, C -M, LI and HI Districts the minimum interior side yard which abuts any property located in an A -R, RS, RM -M, RCR or RCR-H District shall be increased by one (1) foot for each two (2) feet in height for that portion of any structure or building in excess of forty-five (45) feet in height. Sec. 30-25(b): Area and Height Regulations. 1. Residential Districts: Lot Area Lot Width Lot Depth Yards Height Minimum Minimum Minimum Minimum Maximum Per Lot Per Dwelling Unit RCR-H 5,000 1,500 50 100 25 25 S 15 10 45 Sec. 30-26. Specific Use Permits (g) Time Limit: Uses allowable under a Specific Use Permit shall not be commenced and a certificate of occupancy shall not be issued until all the conditions of the Specific Use Permit are completed in accordance with the Specific Use Permit. Unless construction of those conditions are commenced and substantially underway within a two year period, the Specific Use Permit shall become null and void. Extensions of time for good cause may be approved by the City Council. A Specific Use Permit that was issued, whether by City Council or exempted by Section 30-30(D)(2) of this Chapter shall become null and void, if the land use it was issued for is closed or vacated for a period of two years or more or is changed to a substantially different use. In the RCR and RCR-H Districts, a change from one Specific Use Permit to another shall require City Council approval. A substantially different use shall be defined as one where there is a change in the intensity of the use. A change in intensity shall include, but not be limited to, external structural alteration or enlargement of the building, an increase in the required number of parking spaces, an increase in the hours of operation or an increase in offensive noise, vibrations, sound, smoke or dust, odors, heat, glare, x- ray or electrical disturbance to radio or television. Sec. 30-28. Sign Regulations (b)4. One(]) detached owner -identification sign shall be permitted for a commercial use with a Specific Use Permit in the RCR-H, Residential Conservation and Revitalization District, subject to Sec. 30-21.2(e)8a of this Chapter. (b)S. Two (2) attached owner -identification signs shall be permitted for a commercial use with a Specific Use Permit in the RCR-H, Residential Conservation and Revitalization District, subject to Sec. 30-21.2(e)8b of this Chapter. At a Joint Public Hearing held November 17, 2008, the Planning Commission recommended approval 5:3 of an amendment to Chapter 30, City of Beaumont Zoning Ordinance to create regulations for the RCR-H (Residential Conservation and Revitalization -H) District. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30, ARTICLE I, SUBSECTION 30-5(a); ARTICLE II, BY RENUMBERING SECTION 30-11.1 TO BECOME 30-11.2 AND CREATING A NEW SECTION 30-11.1; SECTION 30- 24(b), PERMITTED USE TABLE; AND SUBSECTIONS 30- 25(b)1 AND (c)(3); AND ARTICLE III, SUBSECTIONS 30- 26(g) AND 30-28(b); CREATING REGULATIONS FOR THE RCR-H (RESIDENTIAL CONSERVATION AND REVITALIZATION -H) DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30, Article I, Subsection 30-5(a) be and the same is hereby amended to read as follows: Sec. 30-5. Zoning district establishment. (a) Enumeration. In order to uniformly regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land, the City of Beaumont is hereby divided into the following districts or classifications: A -R, Agricultural -Residential District. 2. R -S, Residential Single -Family Dwelling District. 3. RM -M, Residential Multiple -Family Dwelling --Medium Density District. 4. RM -H, Residential Multiple -Family Dwelling --Highest Density District. 5. RCR, Residential Conservation and Revitalization District. 6. RCR-H, Residential Conservation and Revitalization -H District. 7. NC, Neighborhood Commercial District. 8. NSC, Neighborhood Shopping Center. 9. GC -MD, General Commercial -Multiple Family Dwelling District. 10. GC -MD -2, General Commercial -Multiple Family Dwelling -2 District. 11. Central Business District. 12. C -M, Commercial Manufacturing District. 13. LI, Light Industrial. 14. HI, Heavy Industrial. 15. PUD, Planned Unit Development. 16. HC -L, Historic -Cultural Landmark Preservation Designation. 17. HC, Historic -Cultural Landmark Preservation Overlay District, 18. PD, Port Development District. 19. OP, Office Park District. Section 2. That Chapter 30, Article II, Section 30-11.1 be renumbered to become 30-11.2 and a new Section 30-11.1 be added to read as follows: Sec. 30-11.1. RCR-H, Residential Conservation and Revitalization District Regulations. (a) General Purpose and Description: The RCR-H, Residential Conservation and Revitalization -H District, is intended for predominately residential areas in the Old Town Area of the City which are characterized by significant concentrations of poor or fair structural housing conditions and which may have a mixture of residential and commercial uses. Conservation, protection and revitalization of existing residential areas is achieved in this district by providing City Council with the opportunity to review and conditionally approve or deny requests for higher density residential development and compatible selected commercial uses. Approval of the specific use permit and the site plan by the City Council will encourage future multi -family and commercial uses that will stimulate the normal, orderly development and improvement of the area without adversely affecting residential livability or diminishing or impairing property values. (b) Permitted Uses: Uses permitted in an RCR-H, Residential Conservation and Revitalization -H District, are set forth in Sec. 30-24. The commercial uses permitted in this district shall not exceed four thousand (4,000) square feet in gross floor area for any lot or tract. (c) Area and Height Regulations: Area and height regulations in an RCR-H, Residential Conservation and Revitalization -H District, are set forth in Section 30-25. Sec. 30-11.2. OP, Office Park District regulations. (a) General purpose and description. This district is intended to encourage and permit general professional and business offices of high site quality and appearance in attractive landscaped surroundings with the types of uses, and design exterior appearance so controlled as to maintain the integrity and be generally compatible with existing and future adjacent and surrounding single-family or multiple -family development. This district should generally be located in areas abutting arterial and/or collector streets which are, because of location and trends, suitable fordevelopment of office uses that are compatible with residential uses thereby maintaining the character and integrity of existing and developing neighborhoods. This district is also ideally located in transitional areas between commercial and residential development which is adaptable to occupancy by certain office uses. The ultimate development must provide a low intensity of land usage and site coverage to enable the site to retain its park -like image for the residential neighborhoods nearby and for the tenants that seek pleasant landscaped surroundings. (b) Permitted uses. The following uses shall be permitted in this district subject to Special Conditions, section 30-33(b)(12): (1) Professional offices; (2) Consultants offices; (3) Medical and dental offices; (4) Oil and gas extractions; (5) Pharmacy, when in support of or an integral part of an on - premise medical or dental office; (6) Accessory uses. Section 3. That Chapter 30, Article 11, Section 30-24(b), Permitted Use Table, be and the same is hereby amended as shown on Exhibit "A" attached hereto. Section 4. That Chapter 30, Article 11, Subsection 30-25(b)1, Table Inset, be amended to add regulations for the RCR-H (Residential Conservation and Revitalization -H) Districtto read as follows: Sec. 30-25. District area and height regulations. (b) Area and height regulations shall be as follows: AREA AND HEIGHT REGULATIONS 1. RESIDENTIAL DISTRICTS Lot Area Lot Width Lot Depth Yards Height Minimum Minimum Minimum Minimum Maximum Per Lot Per Dwelling Unit RCR-H 5, 000 1,500 50 100 25 25 5 15 10 45 Section 5. That Chapter 30, Article II, Subsection 30-5(c)(3) be and the same is hereby amended to read as follows: Sec. 30-25. District area and height regulations. (c) Area and height exceptions: (3) A building or structure in any zoning district may exceed the district maximum height regulations with a specific use permit provided that there shall be an additional one (1) foot of required yard for each two (2) feet of additional height. In NC, NSC, GC -MD, GC -MD -2, C -M, LI and HI Districts the minimum interior side yard which abuts any property located in an A -R, RS, RM -M, RCR or RCR-H District shall be increased by one (1) foot for each two (2) feet in height for that portion of any structure or building in excess of forty-five (45) feet in height. Section 6. That Chapter 30, Article III, Subsection 30-26(g) be and the same is hereby amended to read as follows: Sec. 30-26. Specific Use Permits (g) Time Limit: Uses allowable under a Specific Use Permit shall not be commenced and a certificate of occupancy shall not be issued until all the conditions of the Specific Use Permit are completed in accordance with the Specific Use Permit. Unless construction of those conditions are commenced and substantially underway within a two year period, the Specific Use Permit shall become null and void. Extensions of time for good cause maybe approved by the City Council. A Specific Use Permit that was issued, whether by City Council or exempted by Section 30-30(D)(2) of this Chapter shall become null and void, if the land use it was issued for is closed or vacated for a period of two years or more or is changed to a substantially different use. In the RCR and RCR-H Districts, a change from one Specific Use Permit to another shall require City Council approval: A substantially different use shall be defined as one where there is a change in the intensity of the use. A change in intensity shall include, but not be limited to, external structural alteration or enlargement of the building, an increase in the required number of parking spaces, an increase in the hours of operation or an increase in offensive noise, vibrations, sound, smoke or dust, odors, heat, glare, x-ray or electrical disturbance to radio or television. Section 7. That Chapter 30, Article 111, Subsection 30-28(b)(4) be amended and Subsection 30- 28(b)(5) added to read as follows: Sec. 30-28. Sign Regulations. (b) Signs in residential districts. Signs shall not be permitted in residential districts except as specifically authorized in this section. 4. One (1) detached owner -identification sign shall be permitted for a commercial use with a Specific Use Permit in the RCR-H, Residential Conservation and Revitalization District, subject to Sec. 30-21.2(e)8a of this Chapter. 5. Two (2) attached owner -identification signs shall be permitted for a commercial use with a Specific Use Permit in the RCR-H, Residential Conservation and Revitalization District, subject to Sec. 30-21.2(e)8b of this Chapter. Section 8. 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 9. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 10. 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 November, 2008. - Mayor Becky Ames - SEC 30-24 B PERMITTED USE TABLE REV II/08 ZONING DISTRICT Parldng Special PERMITTED PRIMARY USES Group Cond. SIC 4-R R -S RM -M RM- RCR RCR-H NC NSC GC -MD GC -MD -2 CBD C -M LI 1111 PUD GROUP i i P P P o, gRtcu� Tum pRdDUCTION.cloPs 0.11..............................................._.........._.............>:..:. 40 I I (except as noted) I P S PIP P S P IP P P S 018 Horticultural Specialties 8 (including retail sales) P P ...................................................................................... _............................_.......-_............ 82 AcaRIClILT�RAL Pf2OD, LI1fEST EIGK 155 P P PPS o7AGR�11�TURA15t«aulCS . .. '> 7 (except as noted) P S PP P S P P PPS 074 Veterinary Services 14 17 P t SIS IS S S P PPS 0752 Kennels 14 17 SID P S P IP PPS 1076 Farm Labor and Management Services 14 i (except as noted) P S S P P S P P P P S 078 Landscape/HorticuRural Services 14 (except as noted) P S S P P P P S 0782 Lawn and Garden Services 14 P I S S P P PIP S 0783 Tree Services 7 P ..................._...............__...._....:..... _..........__...... oli. FQRESTRY B P tta 13k11.NG,WUNT#4 ANGT"... i; 7 S P 9II NFEf1L...IaiNIN. _. . .. _ ._. 7 P P P P P P P P P P P P P P P s taat: My GAS: EXT. aar oN 7 I S P a�tK�er� Alr c�trAl N �� Mora= 7 aIETAtsI tc MtN l44S E CO. ftJEi & S S P P P P S46: HU10IN943 Ci3NSTRUGTFON f�Eti?ERAL 7 23 CgNritACT4RS i I S S P P P P S 16 HEAVY CflNMTRUCTIflN OTHERTiiAN 7 23 BUlLD1NG CONST-RUCTIOP I i i ' S S F' P PPS 17 eratasrRuerlarlPEetaL raA 7 23 EXHIBIT "A" SEC 30-24 B PERMITTED USE TABLE REV II/08 ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A -R R -S RM -M RM- RCR RCR-H NC NSC GC -MD GC -MD -1 CBD C -M LI ffi JPUD GROUP 1 S SP za FOvO ANf3 K1NpRp PRftp4��7 s ... ....... ........ 7 18 as noted) S(except S P P 2013 Sausage and Other Prepared Meat Products 7 18 S 'PIP, 202 Dairy Products 7 18 S P P 203 Canned and Preserved Fruits and Vegetables 7 18 S P P 2045 Prepared Flour Mixes and Doughs 7 18 S S P P P P 205 Bakery Products 7 18 S S P P P P 2064-67 Candy and Other Confectionary Prod. 7 18 S P P 2085 Distilled and Blended Liquers 7 18 S S P P PIP 2086 Bottled and Canned Soft Drinks and 7 18 Carbonated Waters S P P 2087 Flavoring Extracts and Syrups,Not 7 18 Elsewhere Classified S P P 209 Misc. Food Prep. and Kindred Products 7 18 1 S P P 21 Tt?l3iCCO PRODUCTS 7 18 I S P P 721 EXTILf Milt RRODUCTS 7 18 S P P zs APPAREL OTHER F tNFSHEQ I'ROQ 7 18 1p MADE1 ftQhf F�48F21CS:$ :SIM ILAR Al. i ...... ..............:___........................._ ............. a4 EUMRANayuQQaF'%QQUCf 7 18 R(enc: ae natail) trXCE�` lttlE�Nlfi S P P 243 Millwork, Veneer. Plywood and 7 18 Structural Wood Members S P P 244 Wood Containers 7 18 S P P 2499 Wood Products, Not Elsewhere Classified 7 18 I j S P P 25 .FURNITURE ACID FDITt3RES ....... _ .. 7 18 i i i i S P 26 _ERA 18 (except as noted i S P P 265 Paperboard Containers and Boxes 7 18 j S P IP, 1267 Converted Paper and paperboard 7 18 SEC 30-24 B PERMITTED USE TABLE REV II/OS ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC R-S IRM-M RM- RCR RCR-H NC NSC GC-MD GC-MD-1 CBD C-M LI HI PUD GROUP .A-_R Products, except containers and boxes I S S P P PIP z7 :N , tl ls[ tW _...Al.rrii�a 7 1[t0USIT' RIE$ >. ...................................................................................... I S P 28._HEM, ALS IIND RLQ#EFY PRQD1ICt S 7 (except as noted) S IP P 283 Drugs 7 S 2892 Explosives 7 S P Yit p1:TRcj4EU1N ftE1 )NINO .:.. 1, T d 7 4N004 'R1" i PT:A$f fXTE0 . S PIP 295 Temporary Batching Plants 7 10 S P sa �UsiatNauvr>:4Us < 7 18 PLAS71C. PRODUCTS : : S P P 31 LEaTf1ER AND:LEAT1iER PR©D11C1 S 7- 18 (except as noted) SIP 311 Leather Tanning and Finishing 7 18 S P Pz ... _._............... _............ ....._.............._ ......_ ...................................................................................... sToivi c1 av, GLA$l�ONCRE E 7 18 PR ODUC 'C1I �eXcapya; hota8) S S P P 324 Cement, Hydraulic 7 18 S P P 327 Concrete, Gypsum and Plastic Products 7 18 I (except as noted) S P P 3273Temporary Batching Plant 7 10/18 S P 329 Abrasive, Asbestos, and Miscellaneous 7 1 18 Non-Metallic Mineral Products I I S P 3s PR1N11kR,rMETJ4LtNQU..sr18.. ; 7 j S P P 44 FABRICATEb METAL P '' icTS� . 7 18 EXCEPC MACHiNERY:KT4400�TIQM; S P 3441 Fabricated Structural Steel 7 18 S P 3443 Fabricated Plate Work (Boiler Shops) 7 18 S P 346 Metal Forgings and Stampings 7 18 I SEC 30-24 B PERMITTED USE TABLE REV 11/08 I ZONING DISTRICT I Parking Special PERMITTED PRIMARY USES Group Cond. SIC IA- R R-S RM-M RM-B RCR RCR- 1 NC NSC GC-MD GC-MD-2 CBD C-M LI HI PUD GROUP S P 1348 Ordinance and Accessories except 7 18 Vehicles and Guided Missiles S P 349 Miscellaneous Fabricated Metal Prod. 7 18 I j 35 lNPLt&TRIAD:Aw> mjkA A kfiME1�Y .` At+IDCf�MPii7EREQi3IPi41ENFjas.lofedy 18 S P 351 Engines and Turbines 7 18 S P 3523 Farm Machinery and Equipment 7 18 S P P 3524 Garden Tractors and Lawn and Garden 7 18 Equipment S P 353 Construction, Mining and Materials 7 18 Handling Machinery and Equipment S P P 354 Metalworking Machinery and Equipment 7 18 S P P 1355 Special Industrial Machinery except Metal- 7 18 working Machines SIP 356 Gen. Industrial Machinery and Equipment 7 18 S P P 357 Computer and Office Equipment 7 18 S P P 358 Refrigeration & Service Industry Machinery 7 18 S P P 359 Miscellaneous Industrial and Commercial 7 18 Machinery and Equipment i S S P P P P _...................................._....... __..._........... ...................................................................................... ...................................................................................... 3�. e c 11 - :AND o�HE EL�G1ItICAt ...................................................................................... . 7 ...................................................................................... ...................................................................................... ...................................................................................... ...................................................................................... ELIUIPBAENT S P � . xru $'P.0 a � lc aura r _i 7 18 {ecGsptas iiotedj S P P P S 3732 Boat Building and Repair 7 S S P IP P P as MI_IkSURING AtNALYZiNG 7 CONTRDLL1N.. EN57RUMENTS PE#QTf) j .. GRAPFIIC, MEIY; ..... D £tR711;AL t..... ; . 1AtATG[#ES AIVDt:LO£If8 I S S S S PP 39 NFISCELLANI~fitJB MA11rjI3ACT13R1NG 7 i I � INbtIS'IRt>«8. SEC 30-24 B PERMITTED USE TABLE REV 11,08 ZONING DISTRICT Parldng Special PERMITTED PRIMARY USES Group Cond. SIC �A-R R-S RM-M RM-H RCR RCR-H NC NSC GC-MD GC-MD-2 CBD C-M LI HI PUD GROUP - S S P P PPS +IO k`nl4ROAp iR4NSa©R7akTlON 7 S S P P PPS, r oca , SttIRAiu #tNS,?{ ANk 7 INTERUR9AN HIGHWAY f°1llSS£NG£R . IRANSPQRTAT.IDN (exzaptw. natsd) P S P P P P S 4119 Local Passenger Transportation, Not 7 Elsewhere Classified S S P P PPS 42 KI[ItxTQRFiiEICsHTTR?cNSPORTATIOM 20 20 A%fI) WAREHIjtIS1NG . . . S P S P P PPS 43 , u snsrA�l*{t�,ci 7 S PPS 4a v�A�� t1�AlvsPd rare©,u . 7 18 S P PPS 45::: s TOA PORTAT10M. ii AIR 7 {except as.:nsttedj S S S S S SSS Heliport and hellstops 41 16 I P S P P S P P P P P P PPS _ 46 PIPKmS EXCEPT NATURAL CTAS S S P P P P S. TRANSPi3FtT#�llbtiERVi�E3: 7 (except as noted) S S S S IP Is P IP P PS 4724 TRAVEL AGENCIES 14 S SP P S P P PPS aB cal�Nl�ArbNs 7 ! S S P P PPS 4e ELECf RIC, GA:s AND SANITARY . 7 SERVICE (except as noted) P P P [PP P PIP P P P P P P P 14971 Irrigation Systems 7 i S S P P PIP S6Q YlIHQLESALETRAIfE [stiRaeLl` boons ..:. 8 i i (except as noted) S S P S 5015 Motor Vehicle Parts, Used 8 S S P S 5093 Scrap and Waste Materials 8 S S P P PPS � � sA� t nu e%. MOS; 8 SEC 30-24 B PERMITTED USE TABLE RFV YG DISTRICT P IP Is Parking Special PPS 1551 Motor Vehicle Dealers (New & Used) 24 PERMITTED PRIMARY USES Group Cond. P P PPS 1552 Motor Vehicle Dealers (Used Only) 23 S SIC P P RCR RCR-H NC NSC GC -MD GC.MD-2 CBD C -M LI HI PUD GROUP S S P P S P P PPS 1.554 Gasoline Service Stations 38 P P S P P P P S 555 Boat Dealers 24 (except as noted) P P S c� S P c+ S 515 Farm Product -Raw Materials 8 S o S P S 5169 Chemicals and Allied Products, Not 8 P S 557 Motorcycle Dealers 14 S P Is Elsewhere Classified P P I PPS 559 Auto Dealers, Not Elsewhere Classified 23 i ' S Pp P S IP ,P P S P P PPS 5Y BUELD11siCa MilTERIALS; HAiiDVkARE . 8 13 GRRDENSFIP PL X AifD KkS381LE [iF3ME .. ..; S PIP P S P P P PS 5� tttilN£ Fi#R14tSHINt'aS, ><uRNtT 14 DEAtEKS. (exeepYas nofed _ ...... ..: ::. S S S P P P P S 527 Mobile Home Dealers 8 S PIP 2 P S P P PPS S S 53 GENEgL MRGHANFN$E SiDFfE$ 13 13 P P PPS 15812 Eating Places (Inc. Carry Out Caterers) 26 (9) 11 j S S S P P PPS 5813 Drinking Places 26 S PIP S P S P P P P S sg �n stas.. 12 13 S $ $1 2084 Wineries 26 s 5s ($4414NE0)J$ REtAii#. (as Mnoted) 13 SP P P S P s5. aurr DEili IRSANOA3FIi iME PPS 13 1 P IP Is P P PPS 1551 Motor Vehicle Dealers (New & Used) 24 S Ip IS P P PPS 1552 Motor Vehicle Dealers (Used Only) 23 S P P P S P P PPS 1553 Auto & Home Supply Stores 13 S S P P S P P PPS 1.554 Gasoline Service Stations 38 P P S P P P P S 555 Boat Dealers 24 P P S P P P PS 556 Recreational & Utility Trailer Dealers 24 P P Is P P P P S 557 Motorcycle Dealers 14 S P Is P P I PPS 559 Auto Dealers, Not Elsewhere Classified 23 i ' S Pp P S P P P PS % APPA O N. , d cc�sso r s row 13 13 S PIP P S P P P PS 5� tttilN£ Fi#R14tSHINt'aS, ><uRNtT 14 13 AND iQUEPNI EliT STORES 58 EATiNGi DRINKINCs PtACES a :notedy 2 i S S S P P S P P PPS 15812 Eating Places (Inc. Carry Out Caterers) 26 (9) 11 j S S S P P PPS 5813 Drinking Places 26 S S S 2082 Brewpubs 26 S $ $1 2084 Wineries 26 s 5s ($4414NE0)J$ REtAii#. (as Mnoted) 13 SP P P S P P PPS 1591 Drug Stores and Propriety Stores - 13 SEC 30-24 B PERMITTED USE TABLE REV 11108 ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A -R R -S I RM -M I RM -H RCR RCR-H NC NSC GC -MD GC -MD -2 CBD C -M LI HI PUD GROUP i S P P S P P PPS 592 Liquor Stores 13 S P P P S P P PPS 593 Used Merchandise Stores 14 21 S P P IP S IP P IPPS 5941 Sporting Goods and Bicycle Shops 13 S PIP P S P P P PS 5942 Book Stores (General) 13 P P P 5942 Book Stores (Adult) 13 2 (including gifts and novelties) S P P P S P P PPS 5943 Stationery Stores 13 S P P P S P P PPS 5944 Jewelry Stores 13 S P P P S P P P P S 5945 Hobby, Toy and Game Shops 13 S P P P S P P P P S 5946 Camera and Photography Supply Stores 13 S P P P S P P P P S 5947 Gift, Novelty and Souvenir Stores 13 1 S P P P S P P PPS 15948 Luggage and Leather Goods Stores 13 S P P P IS P P P P S 5949 Sewing, Needlework and Piece Goods Stores 13 S P P P S P P P P S 596 Nonstore Retailers 7 S P P P S P P PP S 598 Fuel Dealers 15 _ S P P P S P P P P S 599 Retail Stores, Not Elsewhere Classified 13 S P P P S P P P PIS ............ sa DEP0SITC3R1fINSTFfUIi0NS 14 S P P P S P P P P S ...................................................................................... s, NOiVQEPOSCI {iRY iN&riTUTIOHs 14 S S P P P S P P PPS 6FCIIRITY/1[IDGQM�ri[pfliTYBRiiKFF!$, 14 DF,A Si~... S S S PIP P S P P PPS 63 INSU'RANC Ca�lzfttRS 14 I S S S P P P S P P PPS sa (NSW ANc :Afi Pt f S,;i3Nc cgRs t1u� ... < 14 $icRViCE S S S P P P S P fib i2EAt FTA7E{EXGEP3 IkS NOTED} 14 S S S S S S SS S S cP+ S cP� S S cP� S cS+ S 6553 Cemetery Subdivision and Developers 41 i (subject to state statutes) S S S PP P S P P PPS 14 I fa itQrrHs,aoi�ri�t�tbtss e�a� l & 01 Ffit LttDGihlf3 E►4 ACAS (astotad) SEC 30-24 B PERMITTED USE TABLE REV 11108 ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. �RS�MRM-H SIC j A -R RCR RCR-A NC NSC GC -MD GC -MD -2 CBD C -M LI HI PUD GROUP S P S P P P P S 1701 Hotels, Motels and Tourist Camps 1 S S S S S S S S 701 Bed and Breakfast Facilities 42 22 S Is S I S S S S 702 Rooming and Boarding Houses 1 S S S S S S S S SS S 703 Camps and Recreational Vehicle Parks `J i S S S P S P S 704 Organization Hotels and Lodging Houses on 1 Membership Basis ......._.............._............._......._................__._...... 72 PE ALS V1GES:(as ni)ted) S P P P S P P P P S 7211 Power Laundries, Family and Commercial 7 S P P P S P P P P S 7212 Garment Pressing and Agents for 7 Laundries and Dry Cleaning S P P P S P P P P S 7213 Linen Supply 7 S S P P I P S P P P P S 7215 Coin -Operated Laundries and 39 Dry -Cleaning S P P P S P P P P S 7216 Dry Cleaning Plants _ 7 S P P P S P P IPIPIS 7217 Carpet and Upholstery Cleaning 7 S P P P S P P IPIP S 7218 Industrial Launderers 7 S P P P S P P I P P S 7219 Laundry and Garment Services, 7 Not Elsewhere Classified HS S S P P P S P P P PS 722 Photographic Studios, Portrait 14 S S PP P S P P P PS 723 Beauty Shops 11 S PP P S P P P PP 724 Barber Shops 11 S PP P S P P IPPS 725 Shoe Repair Shops, Shoe Shine Parlors 13 and Hat Cleaning Shops S SS S S P P P P S 726 Funeral Services and Crematories 25 S P P P S P P P P S 1729 Misc. Personal Services(except as noted) 14 P P P Massage Parlors 13 2 P P P Adult Modeling or Photo Studio 13 2 73 6EfS1NESS SE...... S S S P P P S P P P P S 7311 Advertising Agencies 14 S S S S P P P P S 7312 Outdoor Advertising Services 14 S S S P P P S P I P P P S 7313 Radio, Television and Publishers' 7 � Advertising Representatives S S P P P S P P PPS 7319 Advertising, Not Elsewhere Classified 14 S S S P P P S P P PPS 732 Consumer Credit Reporting Agencies, 14 i Mercantile Reporting Agencies and SEC 30-24 B PERMITTED USE TABLE DCV ".. ZONING DISTRICT Parldng Special PERNUTTED PRIMARY USES Group Cond. SIC A -R R -S RM -M RM -H RCR RCR-A NC NSC GC -MD GC -MD -2 CBD C -M LI HI PUD GROUP Adjustment and Collection Agencies S S S P P P S P P PPS 1733 Mailing, Reproduction, Commercial Art& 14 Photography, and Stenographic Services S S STV P S P P PP S 734 Services to Dwellings and Other Buildings 7 I S S P P P P S 735 Miscellaneous Equipment Rental and 7 13 Leasing ( as noted) S S PP P S P IP P PS 7352 Medical Equipment Rental and Leasing 7 13 S S S P P P S 17353 Heavy Const. Equipment Rental and 7 13 Leasing S S S I P P P S 17359 Equipment Rental and Leasing, Not 7 13 Elsewhere Classed 736 Personnel Supply Services (as noted) S S S SP P S P P P P S 7361 Employment Agencies 14 S S P P S P P P P S 7363 Help Supply Services 14 S S S P P S P 1P Ip P S 737 Computer and Data Processing Services and 14 Other Computer Related Services S S S P P S P P PPS 738 Miscellaneous Business Services 14 13 (except as noted) S S S SIP P S P P P PS 7388 Business Services, Not Elsewhere 7/14 Classified (of a general office character) 75 AE1TOVOTIVE::12Ep+�R, SERVfGE:S. A!`1I3 PARKING (as.sri#ad) S SS P S P P P P S 751 Automobile Rental and Leasing 24 S SS P S P P P P S 752 Automobile Parking 0 25 S SS P S P P P P S 7532 Top and Interior Repair Shops 19 9 S S P P P P S 7532 Paint and Body Repair Shops 19 9 SIP P P P P P S 7533 Automotive Exhaust System Repair Shops 19 9 ! S S P P P P S 7534 Tire Retreading Shops 19 S S P P S P P PPS 7534 Tire Repair Shops 19 S P P S P P P P S 7536 Automotive Glass Replacement Shops 19 9 S 1P P P P P P S 7537 Automotive Transmission Repair Shops 19 9 I S S P P S P P P P S 7538 General Automotive Repair Shops 19 9 S S P P S P P PPS 7539 Automotive Repair Shop, Not 19 9 i Elsewhere Classified S S P P S P P PPS 1754 Automotive Services, Except Repair 9 15 TA ISOEI.I.A�IE{�13 RgpAll2 Rvtc I SEC 30-24 B PERMITTED USE TABLE ZONING DISTRICT RM -M RM- RCR RCR-H NC NSC GC -MD GC -ND) -2 PERMITTED PRIMARY USES SIC GROUP IDVV f Parking Special Group Cond. 2 —t—IS S S I PIP P IP IS P IP PPS P 1762 Electrical Repair Shops 13 j 14 S S PP Is P S P IP PPS P 1763 Watch, Clock, and Jewelry Repair 13 1PIPIS 1802 Offices and Clinics of Dentists 14 S S SP P S P P P PS 764 Reupholstery and Furniture Repair 14 j P PPS 803 Offices and Clinics of Drs. of Osteopathy S S P S S P P P P S 7692 Welding Repair 7 2 S S P P P P S 7694 Armature Rewinding Shop 7 S S P. P S P P P P S 7699 Repair Shops and Related Services 7 2 I P P P P P P P P P P PPP Not Elsewhere Classified 33 2 2 —t—IS S S I S P IP S P IP - P P S 781 Motion Picture Prod. and Allied Services 7 801 Offices and Clinics of Drs. of Medicine Ii 14 S SP Is P S P IP P P S 782 Motion Picture Dist. and Allied Services 7 1PIPIS 1802 Offices and Clinics of Dentists 14 S SP P S P IP P P S 7832 Motion Picture Theaters, (exc. Drive -In) 25 P P PPS 803 Offices and Clinics of Drs. of Osteopathy S S P P S P P P P 7832 Adult Motion Picture Theaters 25 2 P S P P P P S 7833 Drive-in Motion Picture Theaters 6 S I PP P P S P P P P S 7841 Video Tape Rental 14 2 2 —t—IS S S S P P S P IP IP IPIPS P 1791 Dance Studios, Schools and Halls 14 801 Offices and Clinics of Drs. of Medicine Ii 14 S SO Is P S P I P IPIPS 1792 Theatrical Producers, Bands, Orchestras 14 1PIPIS 1802 Offices and Clinics of Dentists 14 S S S P P P and Entertainers P P PPS 803 Offices and Clinics of Drs. of Osteopathy S S P P S P P PIP S 793 Bowling Centers 32 S S P P PIP S 794 Commercial Sports 25 S P P P S P P PPS 7991 Physical Fitness Facilities 14 P P P P P P P P P P P PPP 7992 Public Golf Courses 33 S SIP P S P P P P S 17993 Coin -Operated Amusement Devices 12 SIP P S P P I P P S 7996 Amusement Parks 41 S S S S S P P P S P P P P P 7997 Membership Sports and Rec. Clubs 13 IS Is S S S S P P S P P PIP P 7999 Amusement and Recreation Services, 26 Not Elsewhere Classified —t—IS S S I S IPIP IP Is IP P IPIPIS 801 Offices and Clinics of Drs. of Medicine Ii 14 Is I S IPIP IP is P 1P 1PIPIS 1802 Offices and Clinics of Dentists 14 S S S P P P S P P PPS 803 Offices and Clinics of Drs. of Osteopathy 14 j SEC 30-24 B PERMITTED USE TABLE REV 11/08 ZONING DISTRICT Parldug Special PERMITTED PRIMARY USES Group Cond. SIC IA -R R -S RM -M RM -H RCR RCR-H NC NSC GC -MD GC -MD -2 CBD C -M LI H[ PUD GROUP S S S PP P S P P P PS 804 Offices and Clinics of Other Health 14 Practitioners Inc. Massage Therapist I S S P P P S P P P P S 805 Nursing and Personal Care Facilities 28 S S S S S S P P Is P I P I P P S 806 Hospitals 28 S S P P P S P P PIP S 807 Medical and Dental Laboratories 7 S S S P P P S P P P P S 808 Home Health Care Facilities 14 S S S S S S P P P S P P P P S 809 Miscellaneous Health and Allied Services 18 Not Elsewhere Classed S S S P P P S P P P P S m LEGAL seR� ;es .. 14 82 EbIjC/�TIONAt SEEtvICES (as noted) S S S S S S ss S S S S S SSS 821 Elementary Schools 30 S S S S S S S S S S S S S SS 821 Secondary Schools 30/31 SP P S P P IP P S 822 Colleges, Universities, Professional 30/31 Schools and Junior Colleges P S S P P P PP P S P P P P P 823 Libraries 8 S PP P S P P P P P 824 vocational Schools 30/31 S PP P S P P P P S 829 Schools and Educational Services, 30/31 Not Elsewhere Classified S S S P P P S P P PPS 41 P P S P S P S 8361 Residential Care (except as noted) 41 19 S S S S S S S Halfway Homes for Delinquents 41 19 and Offenders S S S PIP P S P P PPS 84 US;W.* ;W. X. 1* ,�>} 18 BOTANICAL 8tt3QL(?CaJCAI GAitt?ENS 86 METjiLBERSWIP flRGAM1ZAT1OH5 (as noted] I S S S P P Is P IP IPPS 861 Business Association 14 S S I S P P IS P I P I PP S 862 Professional Membership Organizations 14 I S S P P S P IP IP P S 863 Labor Unions and Similar Labor Organ. 14 i S S P P S P P P P S 864 Civic, Social and Fraternal Associations 14 S SS P PS P P P P S 865 Political organizations 14 I is S is S S S S P P S P P S S S 866 Religious Organizations 18 S S S P P Is P P SIS S 869 Membership Organizations, Not 14 SEC 30-24 B PERMITTED USE TABLE RF.V 1 1 j ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A -R R -S RM -M RM -B RCR RCR-H NC NSC GC -MD GC -MD -2 CBD C -M LI HI PUD GROUP i Elsewhere Classified is is I S ]PIP IP is IP IP I P I P I S 1.87 E,NG(IVEfR1Nf�.. AGtotJNfi.E".<I 14 I I S I S Isis P S P IP IPPS 1873 Research, Development and Testing 7 Services (except as noted) S S P P PPS 8734 Testing Laboratories 14 S S S P P P S P P PPS 89 $£RVICES NU} ELs£4(If#ER CLASsrf Ilii 14 P IP IP P IP I P PIP IP IP P PIP IP PIPI I Federal, State and Local Government 14 S S P P P S S Excluding Districts and Authorities 3 S S S S S S SIP P S P P PPS Districts and Authorities 14 i i P P P P S 4—P P Cluster Housing 3 1 S S S S S S ISIS S S S S S S .....:................................................................................ S Jg NQNGLASSIFBABL ESTABL HNFENTS: 41 4 S S S S .. .. . (t#XtApt AS naiad) 4 4 S P P P P P S S S S S S S S 9991 Jails, Correctional Facilities, Detention 41 P P P P P P P Centers, Prisons and Prison Camps, 41 Privately Owned and Operated P P IP IP P I P I I S I P I Single -Family Dwellings 3 S S P P P S S S Two -Family Dwellings 3 P P S S P S P S Multi -Family Dwellings 2 i P P P P P S 4—P P Cluster Housing 3 1 S S S S S Mobile Home Park 4 4 S S S S S Mobile Home Subdivision 4 4 P P P P P P Model Dwelling Unit 3 P P P P P P P P Family Home (see definition) 41 SEC 30-24 B PERMITTED USE TABLE RRV 11/nR i ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond, SIC A -R R -S RM -M RM -B RCR RCR-II NC NSC GC -MD GC -MD -2 CBD C -M LI HI PUD GROUP P P IP P P P P P P P Accessory Building, Structure or Use 7/14 S P P P S S Garage Apartment 1 5 P P P P P P IP IHome Occupation 14 S S S S S S I I P IS P P Servants or Caretakers Quarters 1 6 P P P P P P P P P P Private Recreational Facility 8 P P P P P P P P P P Swimming Pool 3 P P P P P P P P P P Solar Collectors rp_ P P P P P P P P P Temporary Portable Storage Containers 25 PUIS4ICU1if IT!>~ _ ..................:...:..__....,........._..: ..... .....:. P P P P P P Pp P P P P PPP Cable Television, Transmission Line P P P P P P PIP P P P P P P P Electrical Transmission Line P P P P P P 'PIP P P P P IP P P I Fiber Optic Cable Communications Line S S S P P P P S Electrical Generating Plant 41 S S S S S SS IS S S P P P P S Electrical Substation 41 P P P P P P PP P P P P P P P Local Utility Service Line 41 S S S S S Radio, Television, Microwave and Cellular 41 24 Telephone Transmission Towers S is is S S I S S S S S S S P P S Railroad Tracks and Switching Yards P P P P P P PP P P P P PIP P Sewage Pumping Station 41 P P P P P P PP P P P P PP P Sewage Treatment Facilities 41 P P I P P P PP P P P P PPP Telephone Exchange, Switching Relay or 41 Transmitting Station S S P P P P S Utility Service or Storage Yard or Buildings 41 rp_ P P P P P PIP P P P P P P P Water Standpipe or Elevated Supply, Water- 41 Reservoir Well or Pumping Station P P P P P P IPIP P P P P P P S Water Treatment Plant 41 S P P P P S P P PPS I Utility Business Office 14 0 November 25, 2008 Consider a request for a specific use permit to allow a boarding kennel in a GC -MD (General Commercial -Multiple Family Dwelling) District at 10925 Eastex Freeway RICH WITH OPPORTUNITY 11 11L A ►11!0( T - E - X - A - S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager G>a Chris Boone, Community Development Director November 25, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow a boarding kennel in a GC -MD (General Commercial -Multiple Family Dwelling) District at 10925 Eastex Freeway. RECOMMENDATION The Administration recommends approval of the request subject to the following condition: A 6' tall wood privacy fence shall be constructed around the dog run on the north, south and west sides. BACKGROUND Kristi Sarber and Becka Griffin have applied for the specific use permit. The applicants state that their business, Planet Canine, will provide dog daycare, overnight stays, grooming and obedience training. Adequate measures will be taken to ensure that odors and noise are held to a minimum. Staff will be present both during the day and during overnight stays to deal with any problems that might arise. The applicants state that a retail component might be added later to sell pet supplies. The proposed business will be located in an existing 4,950 sq. ft. building. A fenced area will be located at the rear of the building for outside activities. At a Joint Public Hearing held November 17, 2008, the Planning Commission recommended approval 8:0 of a specific use permit to allow a boarding kennel in a GC -MD (General Commercial -Multiple Family Dwelling) District at 10925 Eastex Freeway subject to the following condition: A 6' tall wood privacy fence shall be constructed around the dog run on the north, south and west sides. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BOARDING KENNEL IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 10925 EASTEX FREEWAY 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 Kristi Sarber and Becka Griffin to allow a boarding kennel in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 10925 Eastex Freeway, being part of PI-RS4, Tract 73 and adj. abd. ROW, W.B. Dyches Survey, Abst. 17, City of Beaumont, Jefferson County, Texas, containing 1.1842 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens subject to the hereinafter described condition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a boarding kennel in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 10925 Eastex Freeway, being part of PI-RS4, Tract 73 and adj. abd. ROW, W.B. Dyches Survey, Abst. 17, City of Beaumont, Jefferson County, Texas, containing 1.1842 acres, more or less, as shown on Exhibit' A," attached hereto and made a part hereof for all purposes, is hereby granted to Kristi Sarber and Becka Griffin, their legal representatives, successors and assigns subject to the following condition: A 6' tall wood privacy fence shall be constructed around the dog run on the north, south and west sides. 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, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of November, 2008. - Mayor Becky Ames - Te 1967-P: Request for a specific use permit to allow a boarding kennel in a GC-MD General Commercial Multiple Family Dwelling) District. ,ocation:10925 Eastex Freeway licant: Kristi Sarber and Becka Griffin 0 100 200 1 1 1 1 Feet EXHIBIT "A" dSN13H! 38 YVI 83 ?131YpM� • 03I� � _ _ ,1NOIUIY3830.U/0 01_� 0NISH/17d 3XM 01 &010YWN00 ss :. -- S - SS - SS - SS - SS-- SS-.SS.;r u1/141'5 .U! ON11 (MOy "09) C 1M�� Atl. N 'M010Ya1N00 �O 15N3dx7 1141 IV N711W 1Y M313W 8 SdY1 103 ,UI3 dYJ /M, DOb Md 03SOd0$d ��- �? �i �� C G•�+ v` �+'�� -� Pmt-�C� * Approval of the request subject'to the following condition: 1. A 61 tall wood privacy fence shall be constructed around the dog run on the north, south and west sides. EXHIBIT "B" �I November 25, 2008 Consider a request for a specific use permit to allow an accounting, taxes and insurance business office in an RCR (Residential Conservation and Revitalization) District at 2346 McFaddin RICH WITH OPPORTUNITY 11 icm � T• E - X - A - S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager (,)V> PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 25, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow an accounting, taxes and insurance business office in an RCR (Residential Conservation and Revitalization) District at 2346 McFaddin. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND Mary Balque has applied for the specific use permit. Ms. Balque states that normal business hours will be between 8:30 a.m. and 5:30 p.m., Monday - Friday. There will be very little walk-in traffic since most of the business is completed by phone and computer. The building on this property was initially built for use as a dentist office and its most recent use was commercial. At a Joint Public Hearing held November 17, 2008, the Planning Commission recommended approval 8:0 of a specific use permit to allow an accounting, taxes and insurance business office in an RCR (Residential Conservation and Revitalization) District at 2346 McFaddin. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ACCOUNTING, TAX AND INSURANCE BUSINESS OFFICE IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 2346 MCFADDIN IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council forthe City of Beaumont desires to issue a specific use permit to Mary Balque to allow an accounting, tax and insurance business office in an RCR (Residential Conservation and Revitalization) District for property located at 2346 McFaddin, being Lot 22, Block 20, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.172 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 an accounting, tax and insurance business office in an RCR (Residential Conservation and Revitalization) District for property located at 2346 McFaddin, being Lot 22, Block 20, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.172 acres, more or less, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes, is hereby granted to Mary Balque, 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, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of November, 2008. - Mayor Becky Ames - �1968- :Request for a specific use permit to. allow an accounting, taxes and insurance iness office in an RCR (Residential Conservation and Revitalization) District. �ation: 2346 McFaddin )Hcant: Mary Balque 0 100 .200 1 1 1 1 1 Feet Legend 1968P RCRi ! I NORTH ST T- cn I ZT01 N GC'"MD EXHIBIT `A' ,OCT._ 9.2008, 3;51PM, ,,,,AMERICAN REAL ESTATE--, 01 8 UOz Zl EXHIBIT "B" REFER TO EXHIBIT "A' FOR LEGAL DESCRIP17ON N0.853 P. 2 poi 1(CAU ""N 50 fND t t9S 6 (CAU 7.00) I I (CALL 6.00? TRACT ONE �`L -TRACT THREE LOT 22 I 1. rNcRESssafta/r ■" BLOCK 20 OF NO. 20010,Z -178J & " FC. NO. 106-06-0176 { { ti I th •I BR BU�iO1NWE I I ~ WOOD k FRAME BUILDING ON PIERS 4i fI Vol T�'R�Aq --PAfr►ftNMsEMTT CF No. 20010V763 e FC. NO. 104-06-0175 OPRJC FND T' FND N90°00.00 -T 50,17' -MO 518- 1. PIPE ((CALL 50,00 f. ROD LREFEREX§E ftPR1, ASSUMED. 2346 Al.Faddin Street --rYg—a,•: aeL-- -. aK ---Dw — BFAUMONT, TVW 77/02 M THB L£000LOERS ANWOR THE MM OF Dtb PROI= TRACT ONE Lot No. Twenty-two (22) in Block No. Twenty SAYM AND TO SMWfRT MW WAM CONPANh Or of AVERILL AWMN. on addiUm to int City INE UfroEiiSRb/fl! GOES HERE91 GERDfY 1TfAT 1x15 Sl4WFf ttAS 'If(20 of Coon Teras, aeeorffing w O4Y ua ON THE t7fOw Or THE PRO Ew avur to the map of p10I 0I feear�ln VOL 1, Paga to r plot W=0 HEREON ANO IS CORRECT, AND 7jvAT TTlgd; ARE NO 131, Mop Records in the office of tee County O52MINOM CM= 5000 IN AM BRA&RY UNE Clerk of sold County and state, txlTo-liCTS, dtC1i0AOfLM ovF1i[APPW OF BIPRWEYV0 SU W OR f01- OF W*. ON K SLWACE OF THE =NO TRACT M.,£ASf1f parking Easement out of and part of Lot 2,3, D(CEPi A5 S1R11ft NE ON AAD THAT SWPROPERTT WAIX ESS Block 20. as recorded in CF. No. 2001023783, 70 AND FROM A D0070 RXIM. ALL R£LOW F1ffiNom 90 Official Public Records. Jefferson County. Teras. AND NOTED PPR MW RILE 0PAKY OWNA' V No. MARK K. WHIT,ELEK � OF TRACT THREE T� �.....,, ' p.; •'� 5 t,e•-.,�. &: ¢� Ts•;9 Ingress and Egress easement DUf of and port of lot 2,3. Block 20 as recorded in CF, No. OAT£ StlR41fD OCIDBER 2, 2006 G1: v :N 200102,3763, Official Public Records, Jeffersoa µS_ Countv, Taxes, / H- ROWE ••••.•....•.••• • ••r 5 728 a �� Owner. Mary 8olous .y : 9 c o`' ' 0 rlrO•.... Census: 11.00 �,'Ly. In accordonce with the flood Hazard Bovnefaq SU Mop. Department of ffovdng and Urban DevolciornsaL THOMAS s, ROwE - REOISTERED PROFESSIONAL LAN OR No. 5728 N ammunify Mo. 465437 Cummuniy MARK K. WHIT,ELEK Panel No.; 0020 C Date of f9RM: 8-6-02' AND ASS 0CIATF3 P. D. Box 54ez BCALMONT. TW3 77726-5492 fife propefly lies in Zone V (white)%. LocoVan on INCORPORATED 408 -NZ -0421 mop determined by scale on mop. Actual field devotion not. determined. Mork W. Whlteley bred CONSUIMKG ERGINEW, £Asr6z FRWY' Associates does not warrant nor subsonbe to the SITRVMRS. AND PLa WRS3250 ® BCA(P67QV1faJT! 408-HB?i'fl°DfAS 77L3487f09 accuracy or $tole of sold maps. Zona. X" (white) are areas dsteim'ned to be WA2006106-742 .08-742.OWG CDD outside 500-yeor hood p140. November 25, 2008 Consider a request for a specific use permit to allow a church in an RM -H (Residential Multiple Family Dwelling -Highest Density) District and an NC (Neighborhood Commercial) District at 1360 7* Street RICH WITH OPPORTUNITY r CAi [I 1�1 C1 11 * T E - X - A - S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager 6 )0 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 25, 2008 REQUESTED ACTION: Council consider a request for a specific use permit to allow a church in an RM -H (Residential Multiple Family Dwelling -Highest Density) District and an NC (Neighborhood Commercial) District at 1360 7`h Street. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND Word of God Christian Church has applied for the specific use permit. Pastor E. S. Johnson states that the church would like to continue an existing ministry in a facility that the church intends to purchase. The previous owner and use of the property was a civil engineering practice. Word of God Christian Church is a non -denominational congregation that has been serving the Old Town area for the last five years. The church holds two weekly services on Sunday morning from 9:45 a.m. to approximately 1:00 p.m. and on Wednesday evening from 7:00 p.m. to 9 p.m. A bi-weekly service is held every other Friday evening from 6:30 p.m. to 8:30 p.m. Regular Sunday attendance is 15-20 people with 8-10 vehicles. Wednesday evening attendance is 8-10 people with 3-5 vehicles and the Friday evening attendance is 8-10 people with 3-5 vehicles. At a Joint Public Hearing held November 17, 2008, the Planning Commission recommended approval 8:0 of a specific use permit to allow a church in an RM -H (Residential Multiple Family Dwelling -Highest Density) District and an NC (Neighborhood Commercial) District at 1360 7th Street. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT AND AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR PROPERTY LOCATED AT 1360 7T" STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council forthe City of Beaumont desires to issue a specific use permit to Word of God Christian Church to allow a church in an RM -H (Residential Multiple Family Dwelling -Highest Density) District and an NC (Neighborhood Commercial) Districtfor property located at 1360 7th Street, being Lot 4, Tr. 2, North part of Lots 5 & 6, Block 12, Averill Addition and the adj. 20'x 124.4' of TNO R & W, City of Beaumont, Jefferson County, Texas, containing 0.33 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 church in an RM -H (Residential Multiple Family Dwelling -Highest Density) District and an NC (Neighborhood Commercial) District for property located at 1360 7th Street, being Lot 4, Tr. 2, North part of Lots 5 & 6, Block 12, Averill Addition and the adj. 20'x 124.4' of TNO R & W, City of Beaumont, Jefferson County, Texas, containing 0.33 acres, more or less, as shown on Exhibit "A," . attached hereto and made a part hereof for all purposes, is hereby granted to Word of God Christian Church, its 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, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of November, 2008. - Mayor Becky Ames - .:P: `Request for a specific use permit to allow a church in a RM -H (Residential Family Dwelling) District and an NC (Neighborhood Commercial) District. 1360 N. 7h Street It: Word of God Christian Church 0 100 200. I I I Feet EXHIBIT "A" 8' WOOp kE�IG� SEVENT14 STREET NEW fi ARKING x sa' 1� 2.4 P3� ARKING _4 m, .0 m -t 4 84 S4 �Lbwee SEDS SITE PLAN SINGLE STORY BUILOING SCALE: V = 20'0" TOTAL AREA=14,392: SF TOTAL PARKING=12 SPCS SITE PLAN TO ACCOMPANY SPECIFIC USE PERMIT APPLICATION. FOR A 0.33 ACRE TRACT IN THE A. WILLIAMS SURVEY, BLOCK 12, AVERILL ADDITION, LOCATED IN 1360 N. 7TH STREET, glunar'r TRFP:EL1:c,bhj-PA(H.R1/ TCY, 1) WATER, SANITARY SEWER, ELECTRICAL SERVICE, GAS, ETC., ARE AVAILABLE TO THIS SITE AT PRESENT, 2) LANDSCAPING, SIGNAGE,. ROOF HErAw, LIGHTING, PARKING, ANb SCREENING REQUIREMENTS WILL COMPLY WITH APPLICABLE ZONING ORDINANCE REGULATIONS. APPLICANT: WORb OF GOB CHRISTIAN CHURCH, OCTOBER 24, 2005 November 25, 2008 Consider a request for an amendment to the Major Street and Highway Plan RICH WITH OPPORTUNITY [I 17C A i ( T - E - X - A - S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager Ls a PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 25, 2008 REQUESTED ACTION: Council consider a request for an amendment to the Major Street and Highway Plan. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND A review of the Major Street & Highway (MS&H) Plan was conducted for that area generally south of Washington Blvd. and Cardinal Drive. The purpose of this review was to see how recent development and approved plans in the area would impact the implementation of the MS&H Plan and to determine how the plan would affect or could be amended to aid in the development of the proposed BISD Athletic Complex located between State Hwy. 124 and IH - 10, south of Walden Road and north of Brooks Road. That review resulted in some recommended changes to the MS&H Plan. The major changes proposed include: 1.) A change in the general alignment of the extension of Walden Road east of State Hwy. 124 (Fannett Rd.) due to a planned subdivision along the east bank of Hildebrandt Bayou; 2.) The extension of Dowlen Road, southward from Walden Road, to connect with Lawton Road and the connection of the southward extension of Keith Rd. with that proposed southward extension of Dowlen Road. The intent is to provide current and future residents of the southwestern part of Beaumont's ETJ with access to the Dowlen Road corridor and to provide further major collector roads in an area having significant growth potential. With TXDOT approval, these new roads will also provide opportunities for future connections linking these roads to existing and future IH -10 service roads. At a Joint Public Hearing held November 17, 2008, the Planning Commission recommended approval 8:0 of an amendment to the Major Street and Highway Plan. BUDGETARY IMPACT None. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council of the City of Beaumont hereby approves the re -adoption of the current Major Street & Highway Plan "Map" and accompanying "Appendix A," as amended, defining street and highway development standards of the plan, as set forth in Exhibit "A," all of which are components of the Comprehensive Plan of the City of Beaumont. 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'L O O O tf x r� � W w � I w toM w ! 0 3 m E v V) °- m —�.V ml '7 Z z?� �s . _ f0 C ao j Q TI u O vi c ', i O mI 3 m W 9 a� Dlxo1aI Q 0`I °a ow Q MAJOR STREET & HIGHWAY PIAN A Component of the Comprehensive Plan of The City of Beaumont with APPENDIX "A": "Major Street & Highway Plan Development Standards" GI.T`i C ov t4&( L 0/ -�Y- 0 3 9 03- 01,7 Adopted January 14, 2003 MAJOR STREET & HIGHWAY PLAN A Component of the Comprehensive Plan of The City of Beaumont with APPENDIX "A': "Major Street & Highway Plan Development Standards" Prepa ed by The Planning Division of the Public Works Department Prepared for Beaumont, Texas City Planning and Zoning Commission Laurie Leister, Chairman Greg Dykeman, Vice Chairman Glenn Bodwin Marty Craig Dale A. Hallmark Carlos Hernandez Walter Kyles Dohn LaBiche William Lucas January, 2003 RESOLUTION NO. 03-018 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council of the City of Beaumont hereby approves the re -adoption, with no significant modifications, of the currently adopted Land Use Plan Element of the Comprehensive Plan, and its accompanying "Development Strategies Plan" as set forth in Exhibit "A," with no significant modifications, and re -adoption of the currently adopted Major Street & Highway Plan "Map" and accompanying "Appendix A" defining street and highway development standards of the plan as set foi-fh in Exhibit "B," all of which are components of the Comprehensive Pian of the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of January, 2003. w 49 A - a • • • Table of Contents Title Page. Proof of Adoption. Table of Contents. Exhibit "A". Appendix "A". 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LL.W Q Q o Y a a W y Y lz a ti n Q O V1 W m Y O O O Z O W 1 xx 0,0 'b 4 U � � o � w O" OZ P. � memo QwSzw n � I wU w p Pe poi .5 eg w 2 m#z o I yy c�^gEgr�` � =O I q va _ dLLm X sa ggs._w„ a S6�Sp 5°^55e''s it-cU OZ �p memo QwSzw n � I a 'agga88a A� poi .5 eg w 2 m#z o I yy c�^gEgr�` � =O I q va _ dLLm X sa ggs._w„ a S6�Sp 5°^55e''s it-cU Nm� %USgg ems �. a ...o a`ai ord a m US til T ¢�> O ao Vormer Addition November 25, 2008 RICH WITH OPPORTUNITY [I I'Lm ► � T - E - X - A - S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager 'o+') PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 25, 2008 REQUESTED ACTION: Council consider a request to abandon a 20' alley in Block 11, Van Wormer Addition. RECOMMENDATION The Administration recommends approval of the request. BACKGROUND Mark Whiteley and Associates, Inc. has applied for the abandonment of a 20' alley in Block 11, Van Wormer Addition. The Diocese of Beaumont owns all of the lots within Block 11 of the Van Wormer Addition. It is currently in the design phase of developing and building a new Chancery on Block 11. To allow for the best utilization of the site, the Diocese is requesting that the existing alley be abandoned. At a Regular Meeting held November 17, 2008, the Planning Commission recommended approval 8:0 to abandon a 20' alley in Block 11, Van Wormer Addition. BUDGETARYIMPACT None. MARK W. WHTTELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS 7 O P. O. BOX 602 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726.6482 BEAUMONT, TEXAS 77703 408492-0421 (FAX) 408.8824346 October 21, 2008 Planning Division City of Beaumont 801 Maul Street Beaumont, Texas 77701 ATTN.: Mr. Steve Richardson REF.: Application to Abandon 20 Ft. Alley Block I1 Van Wormer Addition Dear Steve: Please find attached the application for the abandonment of a 20 foot wide Alley in Block 11 of the Van Wormer Addition. Also attached is a check for the amount of $300.00 for the application fee. The Diocese of Beaumont owns all of the lots within Block 11 of the Van Wormer Addition. They are currently in the design stages of developing and building a new Chancery building on Block 11. To allow for the best utilization of the site the Diocese is requesting that the existing alley be abandoned and not retained as an easement. In our research we have found no utilities present in the alley. Your earliest attention to this matter is greatly appreciated. If you have any questions or meed additional information please call. I remain Thomas S. Rowe, PE, RPLS Vice President 3250 Easm Freeway Beaumont Texas 77703 1 -888430 -SM Fax (409) 892-1346 ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 20' ALLEY IN BLOCK 11, VAN WORMER ADDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 20' x 300' alley in Block 11, Van Wormer Addition, City of Beaumont, Jefferson County, Texas, containing 0.13 acres, more or less, as shown on Exhibit "A" attached hereto, be and the same is hereby vacated and abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of November, 2008. - Mayor Becky Ames - Request for the abandonment of a 20' alley in Block 11, Van Wormer : Mark Whiteley & Associates, Inc. 0 100 200 1 1 1 1 Feet `RCR L LI EXHIBIT `A' V Legend iii 7390B. I,1 0 November 25, 2008 Consider approving a bid to construct EMS Station No. 2 located at 3020 Municipal Drive RICH WITH OPPORTUNITY BEA,UMON* T• E• B• A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Tom Warner, Director of Public Works November 25, 2008 Council consider the award of a bid to construct EMS Station No. 2 located at 3020 Municipal Drive. RECOMMENDATION Administration recommends the award of a bid to McInnis Construction of Silsbee in the amount of $819,500. BACKGROUND EMS Medic Station No. 2 was located behind Fire Station No. 10 on Washington Boulevard at Municipal Drive. The station consisted of a modified construction trailer that was destroyed during Hurricane Rita and has not been replaced. Personnel assigned to EMS Station 2 have been operating from EMS Station 3 on Avenue A since the storm. The new 6,700 sq. ft. station will be a permanent structure capable of housing one EMS unit as well as a supply office and warehouse. Currently, EMS supplies are located at a separate facility. Eight (8) bids were received on Thursday, October 30, 2008 for all labor, materials, and equipment necessary to construct the new EMS station. Alternate No. 1 includes the use of pre - finished metal wall panels and one inch (1 ") soffit in lieu of an Exterior Insulation and Finish System (EIFS) where specified. Bids received are as follow: Contractor Base Bid Alt No. 1 Total Bid Completion Time McInnis Construction $820,000 ($500) $819,500 180 calendar days Silsbee, TX Goss Building, Inc. $939,200 $0 $939,200 150 calendar days Beaumont, TX N&T Construction Co., Inc. $954,000 $1,500 $955,500 210 calendar days Beaumont, TX Brammer Construction, Inc. $984,931 ($1,500) $983,431 245 calendar days Nederland, TX Construction of EMS Station No. 2 November 25, 2008 Page 2 Cleveco Construction Co. $993,990 $1,923 $995,913 280 calendar days Lumberton, TX Bruce's General $1,033,000 $0 $1,033,000 180 calendar days Construction, Inc. Beaumont, TX H.B. Neild & Sons, Inc. $1,035,587 $0 $1,035,587 240 calendar days Beaumont, TX Daniels Building & $1,108,700 $0 $1,108,700 240 calendar days Construction, Inc. Beaumont, TX McInnis Construction plans to subcontract 3.7% of the contract to certified MBE's and State certified HUB vendors. Also provided was a list of subcontractors contacted for bids by the general contractor. Of these, two (2) certified MBE/HUB subcontractors were awarded contracts. The project will commence in December and be completed by July 2009. BUDGETARY IMPACT Funds are budgeted in the Capital Program. RESOLUTION NO. WHEREAS, bids were received for all labor, materials, and equipment necessary to construct EMS Station No. 2 at 3020 Municipal Drive; and, WHEREAS, McInnis Construction, Silsbee, Texas, submitted a bid in the amount of $819,500; and, WHEREAS, City Council is of the opinion that the bid submitted by McInnis Construction, Silsbee, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THATthe bid submitted by McInnis Construction, Silsbee, Texas, forall labor, materials and equipment necessary to construct EMS Station No. 2 at 3020 Municipal Drive in the amount of $819,500 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of November, 2008. - Mayor Becky Ames - 10 November 25, 2008 Consider authorizing the City Manager to execute Industrial District Contracts with DuPont Performance Elastomers and E. I. DuPont deNemours and Company, Inc. RICH WITH OPPORTUNITY BEA,UMON* T• E• 8• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer November 25, 2008 REQUESTED ACTION: Council consider authorizing the City Manager to execute Industrial District Contracts with DuPont Performance Elastomers and E. I. DuPont deNemours and Company, Inc. RECOMMENDATION The Administration recommends approval of a resolution authorizing the City Manager to execute Industrial District Contracts with DuPont Performance Elastomers and E. I. DuPont deNemours and Company, Inc.. BACKGROUND Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits. The City currently has contracts with DuPont Performance Elastomers and E. I. DuPont deNemours and Company, Inc,. that will expire December 31, 2008. The new contracts with both companies. will be effective January 1, 2009. The in -lieu of tax payment will be based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2009 through 2011 and 75% of property taxes due to the City in 2012 through 2015. The 2009 payments will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2008 or $0.64 per $100 of assessed valuation. Payments will be due to the City by February 1' of each year. A copy of both agreements are attached for your review. BUDGETARY IMPACT The estimated FY 2009 payments for Dupont Performance Elastomers and E. I. DuPont deNemours and Company, Inc., are $98,300 and $226,400, respectively, of the $15,782,000 of industrial payments expected in FY 2009. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THATthe City Manager be and he is hereby authorized to execute Industrial District Contracts with DuPont Performance Elastomers and E. I. DuPont DeNemours and Company, Inc. The contracts are substantially in the forms attached hereto as Exhibits "A" and "B" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of November, 2008. - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and DuPont Performance Elastomers, L.L.C., its parent, subsidiaries and affiliates, hereinafter called "COMPANY." PRFAMRT.F. WHEREAS, Company leases land and improvements which are a part of the manufacturing, industrial, and refining facilities of said Company. The City has established an industrial district comprising a certain part of the extra -territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS, the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companies. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: SAAGENDA\AGENDA ITEM MEMOS\Dupont Peformance Elastomers 2009.doc 1 EXHIBIT 'A' ARTICLE I COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2009 and each calendar year thereafter for the duration of this Contract, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities and property, real, personal, and mixed located on Company's land covered by this contract. (Herein "the properties") 2. By the term "Assessed Value" is meant the 100% valuation of the Company's, properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term "assumed City taxes due" shall be calculated by the following formula: Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due 4. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2009 shall be due and payable on or before February 1, 2009, and calculated as follows: SAAGENDA\AGENDA rfEM MEMOSOupont Peformance Elastomers 2009.doc 2 Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Taxes Due Year 1 = 80% of Assumed City Taxes Due Each October thereafter, the Chief Financial Officer shall obtain the most recent assessed values as set by the Jefferson County Appraisal District for the Company's properties, real, personal and mixed, having taxable situs within the areas described in this agreement; for example, in October, 2008, the 2008 assessed values shall be used for the February 1, 2009 payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment, without interest, will be made within thirty (30) days following such resolution. (b) After the assessed value of the Company's properties has been determined, the payments due hereunder shall be calculated in accordance with the following schedule: The 2010 and 2011 payments shall be 80% of assumed City taxes due. The 2012 - 2015 payments shall be 75% of assumed City taxes. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City the amount billed on or before February 1 each SAAGENDAUGENDA ITEM MEMOSOupont Peformance Elastomers 2009.doc 3 year. Upon receiving the final payment, the Finance Officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. If payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not received within 30 days of the due date, all payments which otherwise would have been paid to the City had Company been in the City limits of City will be recaptured for the year in which the payment was not timely made and paid to the City within 30 days of any such event after notice by the City as set out herein that the payment is delinquent. ARTTCT.F TT ':• C •Z• :•cul•► ' 1 This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the properties of Company (facilities, real, personal, and mixed) located on Company's real property as shown on the records of the Jefferson County Appraisal District, which are within the extra -territorial jurisdiction of the City of Beaumont. SAAGENDA\AGENDA rrEM MEMOS\Dupont Peformance Elastomers 2009.doc 4 ARTICLE III SALE BY COMPANY Company shall notify City of any sale of any or all of Company's facilities to any person or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to the City as provided under this Agreement. Accordingly and as to payments due under this contract no such sale shall reduce the amount due the City under this contract until the purchaser of such facility has entered into a contract in lieu of taxes with the City that provides for a continuation of like payments to the City. ARTICLE IV CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the year during which such annexation become effective if the annexation becomes effective after January 1 st of said year. SAAGENDA\AGENDA ITEM MEMOSOupont Peformance Elastomers 2009.doc 5 (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne by the City. 2. The City further agrees that during the term of this Agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. The City will also provide police protection if called upon by the Jefferson County Sheriff's Department for assistance. SAAGENDMAGENDA ITEM MEMOSOupont Pefonnance Elastomers 2009.doc 6 ARTICLE V TERMINATION OF BREACH It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ADTTPT R VT AFFILIATES The benefits accruing to Company under this Agreement shall also extend to Company's "affiliates" and to any properties owned or acquired by said affiliates within the area owned by Company, and where reference is made herein to land, property and improvements owned by Company, that shall also include land, property and improvements owned by its affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent (50%) or more of the stock having the right to vote for the election of directors. SAAGENDA\AGENDA ITEM MEMOS\Dupont Peformance Elastomers 2009.doc 7 ARTICLE VII TERM OF AGREEMENT The term of this Agreement shall be for seven (7) years, commencing January 1, 2009, and ending on December 31, 2015. ARTICLE VIII NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the parties hereto by Certified Mail addressed as follows: TO CITY TO COMPANY City Manager DuPont Performance Elastomers, L.L.C. City of Beaumont Property Tax, Suite 135 801 Main 140 Cypress Station Drive P. O. Box 3827 Houston, Texas 77090 Beaumont, Texas 77704 ARTICLE IX CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. SAAGENDAIAGENDA ITEM MEMOS\Dupont Peformance Elastomers 2009.doc 8 IN WITNESS THEREOF, this Agreement, consisting of 9 pages, is executed in duplicate counterparts as of this day of , 2008. CITY OF BEAUMONT, TEXAS LO -A ATTEST: Tina Broussard City Clerk Kyle Hayes City Manager DUPONT PERFORMANCE ELASTOMERS, L.L.C. ATTEST: SAAGENDAUGENDA ITEM MEMOSOupont Peformance Elastomers 2009.doc 9 THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and E. I. duPont deNemours and Company, Inc., its parent, subsidiaries and affiliates, hereinafter called "COMPANY." PREAMBLE WHEREAS, Company owns land and improvements which are a part of the manufacturing, industrial, and refining facilities of said Company. The City has established an industrial district comprising a certain part of the extra -territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS, the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companies. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: SAAGENDA\AGENDA ITEM MEMOS\Dupont 2009.doc 1 EXHIBIT "B" ARTICLE I COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2009 and each calendar year thereafter for the duration of this Contract, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities and property, real, personal, and mixed located on Company's land covered by this contract. (Herein "the properties") 2. By the term "Assessed Value" is meant the 100% valuation of the Company's, properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term "assumed City taxes due" shall be calculated by the following formula: Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due 4. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2009 shall be due and payable on or before February 1, 2009, and calculated as follows: tissumea t-iiv i axes ijue: Assessed Value / 100 X Current City Tax Rate = Assumed City Taxes Due Year 1 = 80% of Assumed City Taxes Due SAAGENDA\AGENDA ITEM MEMOS\Dupont 2009.doc 2 Each October thereafter, the Chief Financial Officer shall obtain the most recent assessed values as set by the Jefferson County Appraisal District for the Company's properties, real, personal and mixed, having taxable situs within the areas described in this agreement; for example, in October, 2008, the 2008 assessed values shall be used for the February 1, 2009 payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment, without interest, will be made within thirty (30) days following such resolution. (b) After the assessed value of the Company's properties has been determined, the payments due hereunder shall be calculated in accordance with the following schedule: The 2010 and 2011 payments shall be 80% of assumed City taxes due, except such payment shall not exceed or be less than the previous year's payment by more than 10%. The 2012 - 2015 payments shall be 75% of assumed City taxes, except the payment shall not exceed or be less than the previous year's payment by more than 7%. Should the assessed value of the Company's properties decrease more than 20% due to shutdown of an operating unit, compared to the previous year, then payments shall be calculated as follows: 1. The payment for the year after the 20% plus reduction shall not be affected and shall be calculated as set out in the subsection. SAAGENDA\AGENDA ITEM MEMOSOupont 2009.doc 3 2. If the assessed value for the next year does not increase, the payment shall be calculated using the reduced value notwithstanding the 10% or 7% upper and lower limits set out above. 3. If the assessed value for the next year increases above the 20% limit, the payment shall be calculated as set out in "(b)" above. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City the amount billed on or before February 1 each year. Upon receiving the final payment, the Finance Officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. If payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not received within 30 days of the due date, all payments which otherwise would have been paid to the City had Company been in the City limits of City will be recaptured for the year in which the payment was not timely made and paid to the City within 30 days of any such event after notice by the City as set out herein that the payment is delinquent. SAAGENDAUGENDA ITEM MEMOS\Dupont 2009.doc 4 ARTICLE II PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the properties of Company (facilities, real, personal, and mixed) located on Company's real property as shown on the records of the Jefferson County Appraisal District, which are within the extra -territorial jurisdiction of the City of Beaumont. ARTICLE III SALE BY COMPANY Company shall notify City of any sale of any or all of Company's facilities to any person or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to the City as provided under this Agreement. Accordingly and as to payments due under this contract no such sale shall reduce the amount due the City under this contract until the purchaser of such facility has entered into a contract in lieu of taxes with the City that provides for a continuation of like payments to the City. ARTICLE IV FACILITIES ON COMPANY PROPERTY OWNED BY OTHERS City and Company recognize that Company has transferred ownership of certain facilities and propertied to other entities. Specifically, Company has transferred ownership of facilities to Beaumont Methanol, DuPont Performance Elastomers, LLC, and Lucite International, Inc., (herein the "Entities") and that the value of such facilities would not be included within the definition of Company's "assessed value" as defined herein Article I, II. City has entered into contracts in lieu of taxes with Entities; however, should the Entities SAAGENDA\AGENDA ITEM MEMOSOupont 2009.doc 5 fail or refuse to make required payments under such contracts City will notify Company of default. Company will request of the City annexation of so much of the properties of Company as are necessary to annex facilities and properties belonging to the Entities. Company agrees that it will not oppose such annexation and Company further realizes that some portion of the properties of Company may have to be included within the annexation effort by the City. Annexation of the Company's properties shall be limited to include only that which is necessary to satisfy the state's requirement for a strip allowing access to the Entities. Such annexation by City will not affect the amount of the payment due by Company to City in the year the annexation takes place. ARTICLE V CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January 1 st of said year. SAAGENDA\AGENDA TEEM MEMOSOupont 2009.doc (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne by the City. 2. The City further agrees that during the term of this Agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. The City will also provide police protection if called upon by the Jefferson County Sheriff's Department for assistance. SAAGENDA\AGENDA rTEM MEMOSOupont 2009.doc 7 ARTICLE VI TERMINATION OF BREACH It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTICLE VII AFFILIATES The benefits accruing to Company under this Agreement shall also extend to Company's "affiliates" and to any properties owned or acquired by said affiliates within the area owned by Company, and where reference is made herein to land, property and improvements owned by Company, that shall also include land, property and improvements owned by its affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent (50%) or more of the stock having the right to vote for the election of directors. SAAGENDA\AGENDA ITEM MEMOS\Dupont 2009.doc 8 ARTICLE VIII TERM OF AGREEMENT The term of this Agreement shall be for seven (7) years, commencing January 1, 2009, and ending on December 31, 2015. ARTICLE IX NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the parties hereto by Certified Mail addressed as follows: TO CITY TO COMPANY City Manager E. I. duPont deNemours and Company, Inc. City of Beaumont Property Tax, Suite 135 801 Main 140 Cypress Station Drive P. O. Box 3827 Houston, Texas 77090 Beaumont, Texas 77704 ARTICLE X CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. S:\AGENDA\AGENDA ITEM MEMOS\Dupont 2009.doc E ARTICLE XI. EXCLUSIONS 1. In determining the assessed value of the Company facilities there is to be excluded therefrom the value of any new plant facilities, replacement, modernization or additions that significantly increase the assessed value of Company's properties. "Significantly increase" shall be defined as an increase in assessed value of fifty percent (50%) or more above the prior year's assessed value of Company's properties excluding land. Any number of projects (whether new construction, replacement, modernization or additions) may be added together to determine whether they aggregate a significant increase in the assessed value of Company's properties so long as construction of each project begins within a single 12 -month period. This exclusion will be restricted to include only a new and distinct processing facility, replacement, modernization or additions to present facilities, and shall not include the maintenance, reconditioning, upgrading, refurbishing or repairing of existing process facilities. The intent of this exclusion is to encourage major new capital investment within the extraterritorial environs of the City. Determination of qualifications for this exclusion shall be made by the City Manager upon petition by Company and presentation of all pertinent data. Company shall notify the City Manager of its intention to claim an exclusion at least one hundred twenty (120) days prior to the end of the calendar year prior to the year in which the exclusion will take place. Subject to the upper and lower limitations on payments set out in Article 14 (b) hereof Company agrees that to whatever extent that the non -excluded plant's accessed value on realty improvements is reduced for whatever reason (excepting from fire, explosion, or other casualty or accident or from any natural disaster), an equivalent amount S:\AGENDA\AGENDA rrEM MEMOMDupont 2009.doc 10 (dollar for dollar) of assessed value on realty improvements of the excluded facilities shall be deemed for the purposes of this agreement to lose its exclusion for the current year and accordingly shall be deemed to be included in the non -excluded plant's total assessed value and payments shall be calculated and made by Company thereon to City for the subsequent year, however, in no event shall the offset exceed the fair market value of the realty improvements that would otherwise be excluded. Company agrees to provide the City Manager with all the information necessary for the City Manager to determine whether the expenditure by the Company is qualified for exclusion. The exclusion shall commence the first calendar year following the completion of construction and it shall be in the amount of 100% for the first, second and third years, 75% of value for the fourth and fifth years, and 50% of value for the sixth and seventh years. 2. In determining the assessed value of the Company's facilities, there is also to be excluded therefrom the value of incomplete construction also known as construction in progress. This exclusion applies to new and distinct plant facilities or modernization of or additions to present facilities as specified in item (1) above, regardless of whether such will significantly increase the assessed values of Companies properties. If a question arises relating to the exclusion amount, payment shall be made based on the last Certified assessed value, without the questioned exclusion. An adjustment to the payment, if any, shall be made following resolution of the question. The determination concerning whether a capital expenditure by Company is qualified for exclusion hereunder shall be made by the City Manager. Any appeal of the decision of the City Manager shall be made in SAAGENDA\AGENDA ITEM MEMOS\Dupont 2009.doe 11 writing to the City Council within fifteen (15) days of the decision of the Manager. The decision of the City Council shall be final. If any part or all of this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. IN WITNESS THEREOF, this Agreement, consisting of 12 pages, is executed in duplicate counterparts as of this day of , 2008. ATTEST: Tina Broussard City Clerk ATTEST: S:WGENDA\AGENDA ITEM MEMOS\Dupont 2009.doe CITY OF BEAUMONT, TEXAS Kyle Hayes City Manager E. I. DUPONT DE NEMOURS AND COMPANY, INC. LON 12 11- November 25, 2008 Consider authorizing the City Manager to execute an Industrial District Contract with BMC Holdings, Inc. RICH WITH OPPORTUNITY BEA,UMON* T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: RECOMMENDATION City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer November 25, 2008 Council consider authorizing the City Manager to execute an Industrial District Contract with BMC Holdings, Inc. The Administration recommends approval of a resolution authorizing the City Manager to execute an Industrial District Contract with BMC Holdings, Inc. BACKGROUND Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits. The City currently has a contract with BMC Holdings, Inc,. that will expire December 31, 2008. The new contract will be effective January 1, 2009. The in -lieu of tax payment will be based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2009 through 2011 and 75% of property taxes due to the City in 2012 through 2015. The 2009 payment will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2008 or $0.64 per $100 of assessed valuation. Payments will be due to the City by February 1" of each year. A copy of the agreement is attached for your review. BUDGETARY IMPACT The estimated FY 2009 payment for BMC Holdings, Inc., is $136,800 of the $15,782,000 of industrial payments expected in FY 2009. 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 an Industrial District Contractwith BMC Holdings, Inc. The contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of November, 2008. - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and BMC Holdings, Inc., its parent, subsidiaries and affiliates, hereinafter called "COMPANY." PREAMBLE WHEREAS, Company leases land and owns improvements which are a part of the manufacturing, industrial, and refining facilities of said Company. The City has established an industrial district comprising a certain part of the extra -territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS, the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companies. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: 1 EXHIBIT `A' ARTICLE I COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2009 and each calendar year thereafter for the duration of this Agreement, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities property, real, personal, and mixed located on Company's land covered by this Agreement. (Herein "the properties") 2. By the term "Assessed Value" is meant the 100% valuation of the Company's properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term "assumed City taxes due" shall be calculated by the following formula: Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due 4. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2009 shall be due and payable on or before February 1, 2009. The February 1, 2009 payment is calculated as follows: 2 Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due Year 1, 80% of Assumed City Taxes Due = 2009 Payment Each October, the Chief Financial Officer shall obtain the most recent assessed values as set by the Jefferson County Appraisal District for the Company's properties, real, personal and mixed, having taxable situs within the areas described in this agreement; for example, in October, 2008, the 2008 assessed values shall be used for the February 1, 2009 payment. This assessed value less exclusions as described in Article X shall be used in the calculation of the payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value in question and an adjustment for the payment, with interest as specified in Section 42.43 of the Texas Property Tax Code for interest on tax refunds, will be made within thirty (30) days following such resolution. Should such final resolution increase the value of Company's properties, the Company's liabilities shall be calculated based on the final determination of value and Company shall pay within 30 days following such resolution the increased amount due to the City under their agreement plus interest from the date such payment should have been made to City under their Agreement. Interest shall be calculated 3 in accordance with the tax code provisions for interest as calculated in Section 42.43 of the Texas Property Tax Code. (b) After the assessed value of the Company's properties has been determined, the value of the property shall be calculated in accordance with the following schedule: The 2010 and 2011 payments shall be 80% of assumed City taxes due, except such payment shall not exceed or be less than the previous year's payment by more than 10%. The 2012 - 2015 payments shall be 75% of assumed City taxes due except the payment shall not exceed or be less than the Previous year's payment by more than 7%. If at any time during the term of Agreement, the assessed value of the properties is set at 40% less than the assessed value for 2008, the payments hereunder shall be as follows: 1. There shall be no change in the payment which would be due under this Agreement for the year after the year that the reduction in assessed value occurs. 2. Payment in subsequent years shall be based on the reduced assessed value without regard to the 10% and 7% upper and lower limits. In no event shall the payment for any tax year exceed 100% of the assumed City taxes due. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City such amount billed on or before February 1 each year. Upon receiving the final payment, the Chief Financial Officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. If any annual payment is not made on or before any due date, the same penalties, interest, 4 reasonable attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to the City for the tax year in which payment was not timely made had Company been in the City limits of City will be recaptured and paid to the City within 60 days of any such event. Should Company not pay an annual payment on or before the due date, such payment shall not be subject to the recapture provision until thirty (30) days have elapsed from and after written notice provided to the Company by City in the manner set out in this Agreement. ARTICLE II PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the properties of Company (facilities, real, personal, and mixed) located on Company's real property as shown on the records of the Jefferson County Appraisal District which are within the extra -territorial jurisdiction of the City of Beaumont. ARTICLE III SALE BY COMPANY (a) Sale By Company. Company shall notify City of any sale of any or all of Company's facilities to any person or entity. As to payments due under this Agreement, no such sale shall reduce the amount due the City under this Agreement until the purchaser of such facility has either assumed the Company's obligation under this Agreement or entered into a written agreement with the City assuming all obligations of Company in this Agreement. It is the intent 5 of the parties that no sale of any of Company's facilities will affect the amount to be paid to the City under this Agreement. (b) Assignment. Company shall have the right to assign, transfer or convey all, or any part of, its rights, title and interest in this Agreement in connection with any transfer or conveyance of title to all or any part of the properties subject to this Agreement to any person or entity at any time during the term of this Agreement; provided, however, that Company shall provide City with written notice of such assignment. Company shall be relieved of its obligations under this Agreement to the extent that an assignee expressly assumes Company's obligations in a written instrument binding such assignee to the City. Subject to the preceding, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. ARTICLE IV CLOSURE OF FACILITY Company shall notify City of any plans to permanently close Company's facility at least nine months prior to the end of the calendar year. Permanent closure of Company's facility shall terminate Company's obligation to make payments in lieu of tax under this Agreement effective January 1 of the year immediately following Company's timely notification to the City that it intends to permanently close the facility. It is the intent of the Parties that no payment of an in lieu of amount would be due in February of the year immediately following the year in which Company notified City of its intent to permanently close the facility so long as notification of such closure is given to the City at least nine months prior to the end of the calendar year. rol ARTICLE V CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the Agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January 1 st of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or Companies with the Company's portion allocated on the basis of assessed values. 2. The City further agrees that during the term of this Agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont 7 Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this Agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. ARTICLE VI TERMINATION It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Company may enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. N. ARTICLE VII AFFILIATES The benefits accruing to Company under this Agreement shall also extend to Company's "affiliates" and to any properties owned or acquired by said affiliates within the area owned by Company, and where reference is made herein to land, property and improvements owned by Company, that shall also include land, property and improvements owned by its affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent (50%) or more of the stock having the right to vote for the election of directors. ARTICLE VIII TERM OF AGREEMENT The term of this Agreement shall be for seven (7) years, commencing January 1, 2009, and ending on December 31, 2015. ARTICLE IX NOTICES Any notice provided for in this Agreement, or which may otherwise be required by law shall be given in writing to the parties hereto by Certified Mail addressed as follows: TO CITY City Manager City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 W, TO COMPANY BMC Holdings, INC. P. O. Box 20339 Beaumont, Texas 77704 ARTICLE X EXCLUSIONS 1. In determining the assessed value of the Company facilities there is to be excluded therefrom the value of any new plant facilities, replacements, modernization of or additions that significantly increase the assessed value of Company's properties. "Significantly increase" shall be defined as an increase in assessed value of fifty percent (50%) or more above the assessed value of Company's properties the year prior to the year construction began. This exclusion will be restricted to include only a new and distinct processing facility, replacement, modernization of or additions to present facilities, and shall not include the maintenance, reconditioning, upgrading, refurbishing or repairing of existing process facilities. The intent of this exclusion is to encourage major new capital investment within the extraterritorial environs of the City. Determination of qualifications for this exclusion shall be made by the City Manager upon petition by Company and presentation of all pertinent data. Company shall notify the City Manager of its intention to claim an exclusion at least one hundred twenty (120) days prior to the end of the calendar year prior to the year in which the exclusion will take place. Subject to the upper and lower limitations on payments set out in Article 14 (b) hereof Company agrees that to whatever extent that the non -excluded plant's accessed value on realty improvements is reduced for whatever reason (excepting from fire, explosion, or other casualty or accident or from any natural disaster), an equivalent amount (dollar for dollar) of assessed value on realty improvements of the excluded facilities shall be deemed for the purposes of this Agreement to lose its exclusion for the current year and 10 accordingly shall be deemed to be included in the non -excluded plant's total assessed value and payments shall be calculated and made by Company thereon to City for the subsequent year, however, in no event shall the offset exceed the fair market value of the realty improvements that would otherwise be excluded. Company agrees to provide the City Manager with all the information necessary for the City Manager to determine whether the expenditure by the Company is qualified for exclusion. The exclusion shall commence the first calendar year following the completion of construction and it shall be in the amount of 100% for the first, second and third years, 75% of value for the fourth and fifth years, and 50% of value for the sixth and seventh years. 2. In determining the assessed value of the Company's facilities, there is also to be excluded therefrom the value of incomplete construction also known as construction in progress. This exclusion applies to new and distinct plant facilities or modernization of or additions to present facilities as specified in item (1) above, regardless of whether such will significantly increase the assessed values of Companies properties. 3. If a question arises relating to the exclusion amount, payment shall be made based on the last Certified assessed value, without the questioned exclusion. An adjustment to the payment, if any, shall be made following resolution of the question. The determination concerning whether a capital expenditure by Company is qualified for exclusion hereunder shall be made by the City Manager. Any appeal of the decision of the City Manager shall be made in writing to the City Council within fifteen (15) days of the decision of the Manager. The decision of the City Council shall be final. 11 ARTICLE XI CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. IN WITNESS THEREOF, this Agreement, consisting of 12 pages, is executed in duplicate counterparts as of this day of P 2008. ATTEST: Tina Broussard City Clerk CITY OF BEAUMONT, TEXAS Lo Kyle Hayes City Manager BMC HOLDINGS, INC. By: ATTEST: 12 12 November 25, 2008 Consider approving a new solid waste collection and transportation service franchise RICH WITH OPPORTUNITY BEA,UMON* T- E- R- A- S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: RECOMMENDATION City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer November 25, 2008 Council consider granting a new solid waste collection and transportation service franchise. Administration recommends granting a solid waste collection and transportation service franchise to Coastal Waste Disposal, Inc. BACKGROUND According to City Ordinance 28-22.1, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Five (5) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Coastal Waste Disposal, Inc. has requested that the City Council grant the company such franchise agreement. Coastal Waste Disposal, Inc. is locally owned and has regional operations with one of its corporate office located at 4749 Odom Road in Beaumont. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three (3) separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four (4) consecutive weeks in a newspaper of general circulation in the city. All publication costs are paid by franchisee. Attached, is a copy of the franchise agreement for your review. The first reading of this item took place at the November 18, 2008 council meeting. BUDGETARY IMPACT A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund. ORDINANCE NO. 08-102 ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: WHEREAS, Coastal Waste Disposal, Inc. (the "Company"), has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby granted by the City to Coastal Waste Disposal, Inc., the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service" shall mean the regular business of collection, hauling ortransporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter: The acceptance required hereunder must be in writing and filed with the City Clerkwithin thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container ortype of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity. Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations underthis franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. Allvehicles,containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll -off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty-eight(48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in orderto provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunityto present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Coastal Waste Disposal, Inc. 4749 Odom Road, Suite 101 Beaumont, Texas 77706 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity foreach vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision orto falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 18th day of November, 2008. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the 25th day of November, 2008. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of ACCEPTANCE: Coastal Waste Disposal, Inc. IN 2008. - Mayor Becky Ames - 13 November 25, 2008 Public Hearing: Receive comments relating to the readoption of the Juvenile Curfew Ordinance Consider readopting the Juvenile Curfew Ordinance RICH WITH OPPORTUNITY BEA,IIMON* T • E • % • A • S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Frank C. Coffin, Jr., Chief of Police November 25, 2008 Receive a report relating to the City's Juvenile Curfew Ordinance. Public Hearing: Receive comments relating to the readoption of the Juvenile Curfew Ordinance. Council consider readopting the Juvenile Curfew Ordinance. RECOMMENDATION Administration recommends Council readopt the existing Juvenile Curfew Ordinance. BACKGROUND Texas Local Government Code 370.002 requires that a home -rule municipality which has adopted a juvenile curfew ordinance periodically review the ordinance and its effect on the community and identify any problems with the ordinance or problems the ordinance was intended to remedy. The statute also provides for abolishing, continuing, or modifying the ordinance. In July, 2001, following public review, Ordinance 01-056 was passed, which reestablished the curfew for minors. In July 1994 following public review, the City Council adopted Ordinance No. 94-34 which created a new Chapter 9 establishing a curfew for minors. In 1995 Ordinance 95-37 was adopted which modified the curfew hours for minors. In 2005 Ordinance 05-093 was adopted to continue a Juvenile Curfew Ordinance. The Curfew Ordinance has been extensively reviewed by the Police Department and determined to be effective in regard to the promoting the safety and well being of the city's youngest citizens (persons under the age of 17), fostering and strengthening parental responsibility for children, decreasing truancy in the Beaumont Independent School District, and serving to promote the general welfare and protection of the public through the reduction of juvenile violence and crime within the city. Renewal ofthe juvenile curfew ordinance would provide a tool to the community, school district, and city to continue the beneficial aspects of a curfew ordinance. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE REVIEWING AND READOPTING CHAPTER 9 OF THE CODE OF ORDINANCES ESTABLISHING ACURFEW FOR MINORS; ESTABLISHING HOURS AND DEFINITIONS; PROVIDING A PENALTY CLAUSE; CITING SPECIFIC EXCEPTIONS AND DEFENSES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the Texas Local Government Code Section 370.002 requires the City Council to conduct a public hearing on the need to continue a Juvenile Curfew Ordinance; and, WHEREAS, the City Council has reviewed the ordinance's effects on the community and on the problems the ordinance was intended to remedy; and, WHEREAS, the City Council is of the opinion that sufficient need exists to continue the Juvenile Curfew Ordinance within the City of Beaumont, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT Chapter 9 of the Code of Ordinances of the City of Beaumont is hereby readopted to read as follows: Section 9.1 Purpose. The purpose of this ordinance is to: (1) Promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the city; (2) Promote the safety and well-being of the city's youngest citizens, persons under the age of seventeen (17), whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; and, (3) Foster and strengthen parental responsibility for children. Sec. 9-2. Definitions. Curfew hours for minors: Sunday 11:00 p.m. to 6:00 a.m. Monday 11:00 p.m. to 6:00 a.m. Tuesday 11:00 p.m. to 6:00 a.m. Wednesday 11:00 p.m. to 6:00 a.m. Thursday 11:00 p.m. to 6:00 a.m. Friday 12:00 a.m. to 6:00 a.m. Saturday 12:00 a.m. to 6:00 a.m. Emergency. An unforeseen combination of circumstances orthe resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, any situation requiring immediate action to prevent serious bodily injury or loss of life, or a serious medical condition of sudden onset. Establishment: Any privately -owned or leased place of business or leased public facility operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment, such as theaters and game rooms. Guardian: A person who: (1) Under court order, is the guardian of the person of a minor; or (2) Is a public or private agency with whom a minor has been placed by a court. Minor. Any person under seventeen (17) years of age who has not been emancipated by court order pursuant to Chapter 31 of the Texas Family Code. Operator. Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. Parent: A person who is: (1) A person who is a minor's biological, adoptive, or step-parent and who has legal custody of a minor (including either parent, if custody is shared under a court order or agreement); (2) A person who is the biological or adoptive parent with whom a minor regularly resides; (3) A person judicially appointed as a legal guardian of the minor; and/or, (4) A person eighteen (18) years of age or older standing in loco parentis (as indicated by the authorization of an individual listed in part(s)(a), (b) or (c) of this definition, above, forthe person to assume the care or physical custody of the child, or as indicated by any other circumstances). Public place: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, parks, streets, highways, the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, shopping malls, and shall include parking facilities adjacent to the same. Remain: (1) Linger or stay at or upon a place (premises); or (2) Fail to leave the place/premises when requested to do so by a police officer or the owner, operator, or other person in control of the place/premises. Serious bodily injury: Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Sec. 9-3. Offenses. (a) It shall be unlawful for any minor to knowingly remain in or upon any public place, or to remain in any motorvehicle operating or parked therein orthereon, orto remain in or upon the premises of any establishment within the city during curfew hours for minors. (b) A parent or guardian of a minor commits an offense if he or she knowingly permits, encourages, or by insufficient control allows a minorto remain in or upon any public place, or to remain in any motorvehicle operating or parked therein orthereon, orto remain in or upon the premises of any establishment within the city during curfew hours for minors. (c) The owner, operator, or any employee of any private establishment orthe lessee of any public facility commits an offense if he or she knowingly permits, allows, or encourages a minorto remain in or upon the premises of the establishment during curfew hours for minors. (d) It shall be unlawful for any person (including any minor) to give a false name, address, date of birth, or telephone number to any officer investigating a possible violation of this section 9.3. Sec. 9-4. Defenses. (a) It is a defense to prosecution under offenses that the minor was: (1) Accompanied by the minor's parent or guardian; (2) Accompanied by an adult authorized by a parent or guardian; (3) On an errand at the direction of the minor's parent or guardian, and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address and telephone number of the parent authorizing the errand, the telephone numberwhere the parent may be reached during the errand, the name of the minor, and a brief description of the errand, the minor's destination(s) and the hours the minor is authorized to be engaged in the errand; or, (4) In a motor vehicle involved in interstate travel; (5) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (6) Involved in a case of "reasonable necessity" after parental notification of the police; (7) Involved in an emergency; (8) On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to the police department about the minor's presence; (9) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by, the City of Beaumont, a civic organization, or another similar entity that takes responsibility for the minor, as well as going to or returning home from the same, without any detour or stop; (10) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; (11) Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code; (12) Engaged in lawful volunteer or charity work at a recognized charity institution or is going to or coming from such activity without detour or stop. (12) Engaged in lawful volunteer or charity work at a recognized charity institution or is going to or coming from such activity without detour or stop. (b) It is a defense to prosecution under subsection 9-3(C) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. Sec. 9-5. School age to be in school. (a) Compulsory school age to be in attendance at school; parental duties imposed. (1) No minor between the ages of six (6) and sixteen (16), inclusive, other than a minor that has been suspended or expelled from school, shall be at any place within the city except in attendance at school between the hours of 9:00 a.m. and 3:00 p.m. during any official school day, unless the minor has written proof from school authorities excusing him or her from attending school at that particular time, or unless the minor is accompanied by a parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the minor. (2) Each parent or legal guardian of a minor between the ages of six (6) and sixteen (16), inclusive, shall have a duty to prohibit the minor from behaving contrary to subsection 9-5(a)(1) of this section. No person shall fail to fulfill the duty imposed by the section. (3) Any person who violates subsection 9-5(a)(2) of this section is guilty of failing to supervise a minor of compulsory school age. (b) Children suspended or expelled from school to remain under supervision.; parental duties imposed. If a minor between the ages of six (6) and sixteen (16), inclusive, is suspended or expelled from school, then each parent or legal guardian of the minor shall have the following duties for the duration of the suspension or expulsion: (1) The duty to personally supervise the minor, or to arrange for a responsible adult to supervise the minor, at the times that the minor would have been required to be in attendance at school had he or she not been suspended or expelled; and, (2) The duty to prohibit the minor from being at any establishment or public place at the times that the minor would have been required to be in attendance at school had he or she not been suspended or expelled, except in the circumstances found in section 9-4 hereof. (d) No minor between the ages of six (6) and sixteen (16), inclusive, that has been suspended or expelled from school shall be in any establishment or public place at the times that he or she would have been required to be in attendance at school or employment had he or she not been suspended or expelled, except in the circumstances described in section 9-4 hereof. Sec. 9-6. Penalties. (a) It shall be unlawful to intentionally, knowingly, recklessly, or with criminal negligence violate this section. Such violation shall be a Class C misdemeanor punishable by a fine not to exceed five hundred dollars ($500). (b) A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. (c) When required by Section 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates subsection 9-3(A) of this section and shall refer the minor to juvenile court. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of November, 2008. - Mayor Becky Ames -