HomeMy WebLinkAboutPACKET NOV 12 2019BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL _.
COUNCIL CHAMBERS NOVEMBER 12,2019 1:30 PM
CONSENT AGENDA
Approval of minutes — November 5, 2019
Confirmation of board and commission member appointments
A) Authorize the City Manager to execute Change Order No. 2, accept maintenance, and
authorize a final payment to Allco, LLC for the Wastewater Treatment Plant Sludge
Dewatering Improvements Phase 1 — Belt Press Project
B) Authorize the settlement of the claim of Amigo Truck LLC
C) Approve the proposed Art Classroom addition to the Art Museum of Southeast Texas
located at 500 Main Street
D) Authorize the City Manager to enter into an agreement with PetSmart Charities, Inc.
E) Approve a resolution casting the City's 450 votes for Lauren Williams Mason to the
Board of Directors of the Jefferson Central Appraisal District
QA
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director
MEETING DATE: November 12, 2019
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute Change Order No. 2, accept maintenance, and authorize a
final payment to Allco, LLC for the Wastewater Treatment Plant
Sludge Dewatering Improvements Phase 1 — Belt Press Project.
BACKGROUND
On April 10, 2018, by Resolution 18-072, City Council awarded a contract to Allco, LLC, of
Beaumont, in the amount of $858,935.00.
Previous Change Order No. 1, in the amount of $9,723.00 was executed by the City Manager
making the new contract amount $868,658.00.
Proposed Change Order No. 2, in the amount of ($1,910.00) is required to adjust estimated
allowances in the contract to reflect the actual allowances used in the completion of the project. If
approved, the final contract amount would be $866,748.00.
The project has been inspected by Schaumburg & Polk, Inc. and Water Utilities and found to be
complete in accordance with the provisions and terms set out in the contract. Acceptance of
maintenance and final payment in the amount of $43,337.40 is recommended.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO. 18-072
WHEREAS, the City of Beaumont solicited bids for the Wastewater Treatment
Plant Sludge Dewatering Improvements Phase 1 -- Belt Press Project; and,
WHEREAS, Allco, LLC, of Beaumont, Texas, submitted a complete bid meeting
specifications in the amount of $858,935.00; and,
WHEREAS, the City Council is of the opinion that the bid submitted by Allco,
LLC, of Beaumont, Texas, is the lowest responsible bidder providing the best value to
the City and should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Council hereby approves the award of a contract to Allco, LLC, of
Beaumont, Texas, in the amount of $858,935.00 to furnish all labor, materials,
equipment, and supplies for the Wastewater Treatment Plant Sludge Dewatering
Improvements Phase 1 -- Belt Press Project; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a Contract with Allco, LLC, of Beaumont, Texas, for the purposes
described herein.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
April, 2018.
- Mayor Pro Tem Robin Mouton -
ORIGINAL CONTRACT AMOUNT: S 858.935.00
THIS CHANGE ORDER
PgagcWLp01
APPROVAL OF CONTRACT CHANGE
PsvWdo kr aema.d of daag..mgcamd Ooedmed amemua m ttman m. pmpesd oda we m
' CHANGE ORDER No. One f11
tb. W W.W beh pw —4 ®Dloto 1. place, bdaftg.0 Mar, f6,. I.V rum maew
DATE: Novemba 6, 2018
PROJECT:
City ofB-0111, Teas
I m a to ptopwed belt p= ase,, —Vto, in pbec5 ladvdmg 4 War, mm rW4 for a btmp non
Wastavnta Treatment Plant - Stodge Dewaxring improvement .
TOTAL AMOUNT OF THIS CHANGE ORDER.
Phase I -Belt Press Project WU 1118-07
OWNOt:
City o113ea8a11t, Tatar
THIS CHANGE ORDER.
801 Ilam Street
Beam Testas 77704
CONTRACTOR
ALLCOI.I.0
PO Ilox 3684
Beaumont, Texas 7770.7
TO THE OWNER:
Approval of the following contact rb nge is requested.
Reason for Change: Revisions to Dram Inlet and Goner Drain doe to uafcrw= sabsurface obstructions .
ORIGINAL CONTRACT AMOUNT: S 858.935.00
THIS CHANGE ORDER
PgagcWLp01
NetChanae
PsvWdo kr aema.d of daag..mgcamd Ooedmed amemua m ttman m. pmpesd oda we m
S 7.49200
tb. W W.W beh pw —4 ®Dloto 1. place, bdaftg.0 Mar, f6,. I.V rum maew
lhovid. to mmwW of edalag cmdavowd abmdama taoxmser to bstW the pmpmed goon date
5 2,231.00
I m a to ptopwed belt p= ase,, —Vto, in pbec5 ladvdmg 4 War, mm rW4 for a btmp non
TOTAL AMOUNT OF THIS CHANGE ORDER.
S 9.773.00
TOTAL REVISED CONTRACT AMOUNT INCLUDING
THIS CHANGE ORDER.
5 866.658.00
CONTRACT TIME
Original Contract Time: 270 days
Additional75me for Work on rids Change Order 4. days
Rain Dwp Requested Augmd to September 2018 1 days
Revised Contract Tune per this Change Order 275 days
CONDITION OF CHANGE:
"Cosdtactor acknowledges and agrees that Bte adjustments in contract price and contract time stipulated is this Change Order
represents full compensation far a8 increases and de.-= in the cost of and the time required to perfam the eatim work under
the Contact arising directly or indirectly fmm this CMnge Order and all previam Change Orden. Atxeptmce of osis waiver
cont tt.e an agreement between Owoa and Contractor that the 0mage Order represent as all mclosim tmlhtgy agreed upon
adjos4meat to the Contract, and that Contactor will waive all rights to 9e a claim on this Change Order after it is Properly
eared•
Recommended by. � l l' A�by l/--�- —
Sclum mbtag & Polk, Ine. City of Beaumont ALLOO LLC
Engineer Owner / Contractor
Date: it r✓' 1fi Data 1/—rt-It Date,*
APPROVAL OF CONTRACT CHANGE
CHANGE ORDERNo.Two R1
DATE: S ptember4,2019
FROJLC I City ofHeaozoont. Torus .
Waslawafer Trea mectPlant- Sludge DwsOmogTmpmvemenLs
Pb=I-BchPres7Prcject WU 1118-07
OWNER: CilyofBeamout, Texas
901 Main Shed
BeatmOn% Tens 77704
CONTRACTOR, ALLCOLLC
PO Box 3684
Beaumont, Tams 77707
TO THE OwMaU Approval of Poe following contract deep is mquesled.
Reason for Change: Final Contract Adjusbments
ORIGINAL CONTRACT AMOUNT: S 858935.00
CHANGEORDERNo.l S 9.723.00
THIS CHANGE ORDER
D on: Net Chante
Camerae Aeemmm•Rdw Bidtmo S (1,910.00)
TOTAL AMOUNT OF THIS CHANGE ORDER
TOTAL REVISED CONTRACT AMOUNT INCLUDING
THIS CHANGE ORDER; S 866,748.00
CONTRACT TIME
Original Comm,[ Time: 270 days
Previous Change Orders 5 days
Additional Tim for Work m this Change Order Com
Pedestals to Elevak W3lkway 5 days
Revised CanmdTim per lhlsChange Order 280 days
CONDITION OF CHANGE,
"Contractor acimawledges and ogre that lie adjusmeats in cantraet prim and mnbact Hae dipolated in this Change Order
repasseots tWl eompensadon for au increases and de=ws in mw cost ot: and the time required to poll m the enti a wodc under
ft Contract wising directly or Indirectly ftam this Change Order and all previous Change Orders. A=ep1w cc of tbis waive
mustiNtes an agreement betwen, Owner and Cootmcarthat the Change Order represents an all Inclusive, manually agreed upon
adjustment to the Contract, and that Cmbartor will waive ah tights to ft a claim m this Change Order after It is properly
executed.'
Recommended by: Approved by. Accepted by.
Srh`—M`o&Polk.Inc. CityOfBeaumoat ALLCOLLC
Owner Conhaetor
D 9/�9 DaW Dam, C,.aftl�
AFFIDAVIT ON BEHALF OF CONTRACTOR
STATE OF Texas
COUNTY OF Jefferson
CONTRACT: City of Beaumont WWTP Sludge Dewatering improvements Phase I -Belt Press
DATED: May 3, 2018
ALLCO BY AND THROUGH T. W. HARRISON, ITS PRESIDENT DOES HEREBY AND
HEREWITH DECLARE THAT ALL LABOR, BILLS FOR MATERIALS, FOR SUPPLIES,
UTILITIES AND FOR ALL OTHER THINGS FURNISHED OR CAUSED TO BE FURNISHED
BY THE ABOVE NAMED CONTRACTOR AND USED IN THE EXECUTION OF THE
CONTRACT NUMBERED AND DATED ABOVE BETWEEN CITY OF BEAUMONT AND
ALLCO HAVE BEEN FULLY PAID, AND THAT THERE ARE NO UNPAID CLAIMS OR
DEMANDS OF SUBCONTRACTORS, MATERIAL MEN, MECHANICS, LABORERS, ORANY
OTHER RESULTING FROM OR ARISING OUT OF ANY WORK DONE OR ORDERED TO
BE DONE BY SAID CONTRACTOR UNDER THE ABOVE IDENTIFIED CONTRACT; AND
DECLARES:
THAT ALL FEDERAL AND STATE PAYROLL TAXES AND CONTRIBUTIONS FOR
UNEMPLOYMENT INSURANCE, OLD AGE PENSIONS, ANNUITIES, AND RETIREMENT
BENEFITS IMPOSED OR ASSESSED UNDER ANY PROVISION OF ANY LAW, STATE OR
FEDERAL, AND MEASURED BY WAGES, SALARIES, OR OTHER REMUNERATION PAID
BY SAID CONTRACTOR TO EMPLOYEES OF HIS OWN OR SUBCONTRACTORS
ENGAGED IN SAID WORK, OR IN ANY OPERATION INCIDENTAL THERETO HAVE BEEN
PAID.
ALLCO
BY: 1tb 4r"�
SUBSCRIBED AND SWORN TO BEFORE ME THISaS%AY 0046W- - 2019
`I' `^ p (�,, NNMI�IIY/I.1I•.1IV I,II41M/,IIt//,I
MARY BETH DELORD
t® Not Public, State of Texas s
Comm. Expires 04-12-2023 t
NOTAR UBLIC %! '�0F Notary ID287955.8
•MIV AV tirr /Y 1�/IV IV N IV 87 5I�8 ry
STATE OF TEXAS
MY COMMISSION EXPIRESA-12-2023
CITY OF BEAUMONT, Tx
WASTEWATER TREATMENT PLANT SLUDGE DEWATERING IMPROVEMENTS
PHASE I - BELT PRESS PROJECT
BID NO. WU111B-07
PROGRESS PAYMENT No.
INVOICE NO. 8814
The undersigned Contractor certifies that to the best of its knowledge:
CONTRACT TIME BEGAN:
June 1, 2018
One $
CALENDAR DAYS ALLOWED:
270
CALENDAR DAYS USED:
394
CALENDAR DAYS OVER:
124
('h. n. r),,1., q --.—
Contract Documents and is not defective,
Approved Chan a Orders
The undersigned Contractor certifies that to the best of its knowledge:
Number
Additions Deductions
One $
9'723.00
Two
1,910.00
time of payment free and clear of all Liens, security interests and encumbrances
(except such as are covered by a Bond acceptable to Owner indemnifying
Owner against any such Liens, security Interest or encumbrances); and
(3) all Work covered by this Progress Payment Is in accordance with the
Contract Documents and is not defective,
C-ontractorA Ignature
TOTALS $
NET CHANGE BY
CHANGE ORDERS
9,723.00 1 $ 1,910.00
$ 7,813.00
Contractor's Certification
The undersigned Contractor certifies that to the best of its knowledge:
(1) all previous progress payments received from Owner on account of Work
done under the Contract have been applied on account to discharge
Contractor's legltimate obligations incurred in connection with Work covered by
prior Progress Payments;
(2) titre of all Work, materiels and equipment incorporated in said Work or
otherwise listed in or covered by this Progress Payment will pass to Owner at
time of payment free and clear of all Liens, security interests and encumbrances
(except such as are covered by a Bond acceptable to Owner indemnifying
Owner against any such Liens, security Interest or encumbrances); and
(3) all Work covered by this Progress Payment Is in accordance with the
Contract Documents and is not defective,
C-ontractorA Ignature
D-1 f
&L 1q
N e:
T.W. Harrison
President
Contractor.
ALLCO L.L.C.
PROGRESS DATE June 30, 2019
ORIGINAL CONTRACT AMOUNT $ 858,935.00
CONTRACT AMOUNT INCLUDING CHANGE ORDERS $ 866,748.00
TOTAL AMOUNT OF WORK PERFORMED TO DATE $ 856,748.00
LESS: RETAINAGE 0%
PREVIOUS PAYMENTS $ 823,410.60
TOTAL DEDUCTIONS $ 823,410.60
AMOUNT DUE CONTRACTOR $ 43,337.40
Percent Complete 100.00%
Payment of: $ 43 337.40
is recommended by:l l
(Engtrreer) S HAUMB RG $ POLK, INC. (Date)
Payment of 43,3.a7.40
is approved b)r
//A t 9
(Owner) CITY O BEAUMONT (Date)
Payment of: $ 43,337.40
�
Is approved by: o •� r � c -,� � � 'K l 19
(wed C OF B UM NT (Date)
Z�/
Page 1 of 4
PROGRESS PAYMENT No.
CiTY OF BEAUMONT, TX
WASTEWATER TREATMENT PLANT SLUDGE DEWATERING IMPROVEMENTS
PHASE 1- BELT PRESS PROJECT
BID NO. WU111S-07
PROGRESS DATE June 30, 2019
RRQ2
BID ITEM
DESCRIPTION
QUANTITY
CONTRACT
UNIT
UNIT PRICE
QUANTITY THiS
ESTIMATE
QUANTITY TO
DATE
TOTAL COST TO
DATE
1
Mobilization
1
LS
$
25,225.00
100%
$ 25,225.00
2
Double Disc Sludge Pumps - Fumish and install two (2) proposed
pumps, including all motors, frames, and appurtenances for a complete
and operable system, proposed suction and discharge piping and fittings,
connections to existing sludge pipes, flowmeter, all electrical and
controls, for a complete and operational system
1
LS
$
186,110.00
100%
$ 186,110.00
a. Install SS Pipe and AccessodsSuction
1
LS
$
6,500.00
100%
b. install SS Pipe and Accessories - Discharge
1
LS
$
5,490.00
100%
G Install Double Disc Pumps
1
LS
$
16,000.00
100%
d. Electrical and Controls
1
LS
$
22,995.00
1D0%
e. Double Disc Pumps - DeUvedUnload
1
LS
$
110,000.00
100%
f. Piping Materials - Deliver/Unload
1
LS
$
25,125.00
100%
3
2.0 Meter Belt Press Unit - Fumish and Install proposed unit as
Manufactered by ASHBROOK-SIMON-HARTLEY, including all
appurtenances for a complete and operable system, proposed piping
and fittings, concrete supports, all electrical and controls, for a complete
and operational system
1
LS
$
340,000.00
100%
$ 340,000.00
a. Install Belt Press Unit
1
LS
$
35 000.00
100%
b. Install Wash Water Pump and Piping
1
LS
$
4,000.00
100%
c. Electrical and Controls
1
LS
$
26,000.00
100%
d. Bell Press -Deliver and Unload
1
LS
$
275,000.00
100%
4
Belt Press Conveyor Frame Modifications - Fumish and Install, including
labor, materials, anchors and supports, and all appurtenances
1
LS
$
4,500.00
0%
100%
$ 4,500.00
a. Conveyor Modifications
1
LS
$
2,500.00
100 %
b. MlsoMetals
1
LS
$
2,000.00
100%
5
Pre- Engineered Metal Canopy- Furnish and install at existing Belt
Press and Pump Area, including all labor and materials, foundations,
anchors, pipe bollards, modifications and connections to existing canopy,
lighting, conduits and conductors
1
LS
$
38,000.00
0%
100%
$ 38,000.00
a. Drill Piers
1
LS
$
6,000.00
1001/6
b, Construct above ground columns
1
LS
$
9,000.00
100%
G Electrical and Control
1
LS
$
3,000.00
100%
d. Pre Engineered Metal Canopy -Turnkey
1
LS
$
20 000.00
100%
6
Reinforced Concrete Stabs - Fumish and Install at Belt Press and Pump
Area, including all labor and materials, excavation, backfill
1
LS
$
46,000.00
100°%
$ 46,000.00
a. Excavation/Fine Brading
1
LS
$
4,500.00
100%
b. Rebar
1
LS
$
11,000.00
100%
c. Farming
1
LS
$
18,000.00
100%
d. Cootie'. Placement/Finish
1
LS
$
10,000.00
100%
e. Curbs
1
LS
$
2,500.00
100%
Page 2 of 4
PROGRESS PAYMENT No.O
CITY OF BEAUMONT, TX
WASTEWATER TREATMENT PLANT SLUDGE DEWATERING IMPROVEMENTS
PHASE I - BELT PRESS PROJECT
BID NO. WU111B-07
PROGRESS DATE June 30, 2019
BID ITEM
DESCRIPTION
QUANTITY
CONTRACT
UNIT
QUANTITY THIS
UNIT PRICE ESTIMATE
QUANTITY TO
DATE
TOTAL COST TO.
DATE
7
Steel Platforms and Access Walks - Furnish and Install at Belt Press and
Pump Area, Including all labor and materials, steel, grating, fasteners,
and anchors
1 .
LS
$
38,100.00 0%
100%
$ 38,100.00
a. Install Bell Press Platform
1
LS
$
5,000.00
100%
b. Install Pump Platform
1
LS
$
2,627.00
100%
C. Mlsc Metals
1
LS
$
30,473.00
100%
8
Polymer Equipment- Furnish and Install, including all metering pumps,
mixers, tanks, stands, chemical piping fittings and valves, all electrical
and controls, for a complete and operational system
1
LS
$
48,000.00
100°%
$ 48,000.00
a. Install Polymer Feed Equlpment/Frames
1
LS
$
8,000.00
100°%
b. Install Polymer Feed Piping and Accessories
1
LS
$
5,000.00
100°%
o. Electrical and Controls
1
LS
$
21,500.00
100°%
d. Polymer Feed Equipment Deliver/Unload
1
LS
$
10,500.00
100°%
e_ Piping Materials-Deliver/Unload
1
LS
$
3,000.00
100%
9
Site Improvements - Furnish and Install, including all site grading, .
removal of existing limestone road, proposed R/C paving, drainage
piping, inlet structures with grates, all connections, excavation, backfill,
and compaction
t
• LS
$
59,000.00
100°%
$ 59,000.00
a. RamoveMauloff Existing Road Base
1
LS
$
5,000.00
100%
b, Demo Ciurb/Misc items
1
LS
$
1,500.00
100%
c, 7" Paving Excavalcn/Finegrading
1
LS
$
1,000.00
100%
d 7" Paving Forming/Expansion Joints/Mise
1
IS
$
7,500.00
100%
e_ 7" Paving Rebar
1
LS
$
8,000.00
100%
f. 7" Paving - Concrete Finish/Saw Cutting
1
LS
$
20,000.00
100%
Ins faU PVC Drain Piping
1
LS
3
2,000,00
100%
h. Conslrut Headwall
1
LS
$
1,000.00
100%
I. Install Drainage Inlet
1
LS
$
1,000.00
100%
J. Install 18" RCP
1
LS
$
1,500.00
100%
k. Install Bollards
1
LS
$
3,000.00
100%
I Instable In 10" GV and Tee at Sludge Line
1
LS
$
3,000.00
100%
m Piping Materials
1
LS
$
4,500.00
100%
10
Painting and Pipe labels - Furnish for all equipment, piping, and all
miscellaneous metals as required, including all labor, material
1
LS
$
4,000.00
100%
$ 4,000.00
Page 3 of 4
PROGRESS PAYMENT No.
CITY OF BEAUMONT, TX
WASTEWATER TREATMENT PLANT SLUDGE DEWATERING IMPROVEMENTS
PHASE l - BELT PRESS PROJECT
BID NO. WU1118-07
RIM
PROGRESS DATE June 30, 2019
BID ITEM
DESCRIPTION
QUANTITY
CONTRACT
UNIT
UNIT PRICE
QUANTITY THIS
ESTIMATE
QUANTITY TO
DATE
TOTAL COST TO
DATE
11
Operator Building - Furnish and install proposed pre cast concrete
building, including all foundation work, excavation, backflil, concrete
sidewalks, doors, windows, A/C, and electrical
1
LS
$
60,000.00_
0%
100.00%
$ 60,000.00
a. Foundation- Fxeoll Ine Seeding
1
LS
$
500.00
100%
b. Foundatlon-Vapor Barrier/Select FAI i
1
LS
1.400.00
100%
C, Foundation -Rebar
1
LS
$
2,500.00
100%
d. Foundaton-Forming
1
LS
$
2,500.00
100%
e. Foundation - Concrete PlacemanVFinish
1
LS
2,500.00
100°/a
e. Siewalks- Form/Reinf/Place
1
LS
$
1,500.00
100%
f. Precast Building-Tumkey
1
LS
$
37500.00
100%
g. HVAC
1
LS
$
4,800.00
100%
h. Window Installation
1
LS
$
2000,00
100%
1. Electrical and Control
1
LS
$
4,800.00
100%
12
Allowance - Construction incidentals for items uncovered during
constriction and as directed/approved by Owner.
1
LS
$
10,000.00
19.10%
100.00%
$ 10,000.00
nmamn-F nwnvw m�
FYFrr ITFn r) ATV:
SUBTOTAL I $ 858,935.00
1 Draln Linelinlet 1 LS $ 9,723.00 1
$
9,723.00
2 Construction Allowance -Reduce Bid Item 1 LS $ 1 910.00 1
$
1.910.00
CHANGE ORDER SUBTOTAL
$
7,813.00
TOTAL AMOUNT OF WORK PERFORMED TO DATE $666,748.00
Page 4 of 4
RESOLUTION NO.
WHEREAS, on April 10, 2018, the City Council of the City of Beaumont, Texas
passed Resolution No. 18-072 awarding a contract in the amount of $858,935.00 to Allco,
LLC, of Beaumont, Texas, for the Wastewater Treatment Plant Sludge Dewatering
Improvements Phase 1 — Belt Press Project; and,
WHEREAS, on November 15, 2018, the City Manager executed Change Order
No. 1, in the amount of $9,723.00, for the removal of existing underground abandoned
structures and installation of the proposed drain inlet, thereby increasing the total contract
amount to $868,658.00; and,
WHEREAS, Change Order No. 2, in the amount of ($1,910.00), is required to
adjust estimated allowances in the contract to reflect the actual allowances used in the
completion of the project, thereby decreasing the total contract amount to $866,748.00;
and,
WHEREAS, the project has been inspected by Schaumburg & Polk, Inc. and the
Water Utilities Division and found to be complete in accordance with the provisions and
terms set forth in the contract;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Change Order
No. 2, in the amount of ($1,910.00), for work described above, thereby decreasing the
total contract amount to $866,748.00 for the Wastewater Treatment Plant Sludge
Dewatering Improvements Phase 1 — Belt Press Project; and,
BE IT FURTHER RESOLVED THAT the Wastewater Treatment Plant Sludge
Dewatering Improvements Phase 1 — Belt Press Project be and the same is hereby
accepted; and,
BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make
final payment in the amount of $43,337.40 to Allco, LLC, of Beaumont, Texas. ' '
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
November, 2019.
- Mayor Becky Ames -
3
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: November 12, 2019
REQUESTED ACTION: Council consider a resolution authorizing the settlement of the
claim of Amigo Truck LLC.
BACKGROUND
This matter was presented and discussed in Executive Session held on November 5, 2019. The
City Attorney is requesting authority to settle this claim in the amount of $13,520.64.
FUNDING SOURCE
General Liability Fund.
RECOMMENDATION
Approval of resolution.
a
RESOLUTION NO.
WHEREAS, the claim of Amigo Truck LLC was discussed in Executive Session
properly called and held Tuesday, November 5, 2019; and,
WHEREAS, the City Attorney is requesting authority to settle the claim;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Attorney be, and he is hereby, authorized to settle the claim of
Amigo Truck LLC for the sum of Thirteen Thousand Five Hundred Twenty and 64/100
Dollars ($13,520.64); and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute all documents related to settlement of the claim.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
November, 2019.
- Mayor Becky Ames -
C
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Keith Folsom, Facilities Maintenance Director
MEETING DATE: November 12, 2019
REQUESTED ACTION: Council consider a resolution approving the proposed Art
Classroom addition to the Art Museum of Southeast Texas located
at 500 Main Street.
BACKGROUND
At the October 29, 2019 meeting of the City Council, the Art Museum of Southeast Texas Board
and Staff presented to the City Council a proposed art classroom addition to the existing Art
Museum of Southeast Texas facility. The Art Museum facility is owned by the City of Beaumont
and the Art Museum of Southeast Texas has a lease agreement with the City to use the facility as
an art museum and education center. In accordance with the current lease agreement, the Art
Museum must obtain written approval from the City of Beaumont prior to making any changes or
additions to the facility.
The proposed 778 square foot addition will not impede the overall appearance of the facility and it
will be funded by the C. Homer and Edith Fuller Chambers Charitable Trust and private donations.
The proposed art classroom will be designed by Architectural Alliance, Inc. of Beaumont. City
staff will monitor the construction of the new addition daily.
FUNDING SOURCE
C. Homer and Edith Fuller Chambers Charitable Trust and Private Donations.
RECOMMENDATION
Approval of the resolution.
500 Main Street
P.O. Box 3703
Beaumont, TX 77704
v. 409-832-3432
f. 409-832-8508
www.amset.org
Through unique
collections, exhibitions,
public programs
and outreach in
the visual arts,
our mission is to provide
education, inspiration
and creative vision
throughout
Southeast Texas.
2019-20 Board of Trustees
Ms. Sandra Clark
President
Mr. Gerald Farha
Vice President
Mrs. Karen Fuljenz
Secretary
Mr. W. Seth Crone
Treasurer
Mrs. Bobbie Applegate
Mrs. Karen Babineaux
Mr. Christopher Bean
Mrs. Sandra Ferfitta
Mrs. Linda Foutz
Mr. Eric Hellberg
Mrs. Aggle In
Mrs. Patricia Klein
Mrs. Camille Ohmstede
Mr. John Pat Parsons
Mrs. Charlotte Rogers
Mr. J. Mitchell Smith
Advisory Trustees
Mrs. Judith 0. Black
Mrs. Colleen Bums
Mrs. Bessie Chisum
Ms. Melanie Dishman
Mrs. Suzanne Garrett
Mr. Albert Nolen
Mrs. Kim Steinhagen
Mr. Russ Waddill
Honorary Trustees
Mr. Patrick Boyt
Mr. Charles B. Locke
Dr. Jack McNeill
Mr. Robert G. Quinn
City Liaison
W.L. Pate, Jr.
October 10, 2019
Keith Folsom, Facilities Maintenance Director
City of Beaumont
P.O. Box 3827
Beaumont, TX 77704
Dear Keith,
The Art Museum of Southeast Texas board of trustees and staff is seeking permission
from the City of Beaumont to expand the education classroom, at the Art Museum of
Southeast Texas leased premises for the City of Beaumont at 500 Main Street. This
proposed expansion essentially doubles the classroom size, by adding 778 square feet.
After 30 years of continuous growth, audiences and collections at the Art Museum are
outgrowing the current space. The expansion of the classroom will enable the Art
Museum to accommodate more students and classes, doubling the access to 13
education programs. Currently, the art museum sees approximately 16,000 students
per year in its programs.
An initial site evaluation was conducted. by Samuel Anderson, an architect who
specializes in museum space management and has consulted with numerous major
museums throughout the United States. Anderson is also an adjunct professor at
Cooper Union'and is highly respected in the museum field for museum space
management. In his evaluation of AMSET, the education classroom expansion was
strongly recommended to accommodate our ever-growing art education audience.
Spring -boarding off of Anderson's recommendation, a more comprehensive
architectural plan, specifically of the proposed classroom expansion was prepared by
Rob Clark and his design team at Architectural Alliance in Beaumont. Clark is very
familiar with AMSET and its programming needs, having served as the AMSET Board
President and as an avid art collector. Recently, Clark worked with the Stark Museum of
Art on their various department renovations and expansion projects.
The Art Museum of Southeast Texas was just awarded a $400,000 grant from the C.
Homer and Edith Fuller Chambers Charitable Trust to offset the most of the expenses
involved in undertaking this project. The classroom will be named after the Chambers
foundation due to this phenomenal gift. The turn -around time is expected to last
between six and seven months. The art museum is soliciting for additional funding to
expand the adjoining courtyard. The existing courtyard will decrease by 50% with the
expansion. Plans are to push the courtyard out towards Pearl Street. Once funding
for this project is secure, we will again seek permission from the City. The
courtyard is used regularly for outdoor art projects and for recess during
Summer ArtVentures so we need that space.
The board and staff would be pleased to make a presentation to the City Council
concerning this project, should City officials find this beneficial. Attached you will
find an architectural rendering for the proposed expansion. Please contact me
should you need more information.
Thank you for your consideration.
Sincerely,
Lynn P. Castle
Executive Director
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FLOOR PLAN
A101
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the proposed 778 square foot Art Classroom addition to the Art Museum of
Southeast Texas, located at 500 Main Street, is hereby approved.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
November, 2019.
- Mayor Becky Ames -
711
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer
MEETING DATE: November 12, 2019
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
enter into an agreement with PetSmart Charities, Inc.
BACKGROUND
PetSmart partners with local organizations to facilitate adoptions at their store locations rather
than selling dogs and cats at the stores. PetSmart provides greater exposure for animals waiting
for adoption. By partnering with PetSmart, we hope to increase the number of adoptions
through Beaumont Animal Care.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
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 agreement with
PetSmart Charities, Inc. to facilitate an increase the number of animal adoptions through
Beaumont Animal Care.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code,; Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
November, 2019.
- Mayor Becky Ames -
E
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: November 12, 2019
REQUESTED ACTION: Council consider a resolution casting the City's 450 votes for
Lauren Williams Mason to the Board of Directors of the Jefferson
Central Appraisal District.
BACKGROUND
Lauren Williams Mason is a current member of the Board of Directors of the Jefferson Central
Appraisal District. The terms of the current Board members expire on December 31, 2019.
A letter from Angela Bellard, Chief Appraiser, is attached for your review.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
Jefferson Central Appraisal District
N$0V Phone (409) 840-9944
P.O. Box 21337 4610 S. Fourth St. (409) 727-4611
www.jcad.org Beaumont, Texas 77720-1337 Beaumont, Texas 77705 Fax (409) 727-5621
Chief Appraiser
Angela Bellard, RPA, RES, AAS
Mrs. Becky Ames
Mayor
City of Beaumont
P O Box 3827
Beaumont TX 77704
Dear Mayor Ames:
Members of the Board
Lauren Williams Mason, Chairperson
Dr. Louis Reed, Jr., Secretary
October 22, 2019 Allison Nathan Getz
Eugene Landry
Terry Schwertner
In accordance with Section 6.03(f) of the Property Tax Code, I have enclosed a copy of the ballot
of the nominees for the Jefferson Central Appraisal District Board of Directors for the 2020 -
2021 term of office.
All five. positions .on the Board of Directors are up for re-election. You may cast all of your
votes for one nominee or distribute them as you wish among the nominees.
Each taxing unit entitled to vote must cast its votes in the form of a resolution adopted by its
governing body and submit it to me before December 16, 2019.
Please refer to the enclosed voting allocation to determine the number of votes your entity is
entitled to in this election. The nominee receiving the majority of the votes of the conservation
and reclamation districts will receive all of the votes cast by these districts.
Sincerely,
gAneela Bellard, RPA, RES, AAS
Chief Appraiser
Enclo es - 2 �v23��.25262j26�9 .
C ::Mr..Kyle Hayes, City Manager
'9Z
y
Zell Lot
r
ELECTION BALLOT
Jefferson County Appraisal District
Board of Directors, 2020 - 2021 Term of Office
The following individuals have been nominated:
Allison Nathan Getz
Eugene Landry
Lauren Williams Mason
Dr. Louis Reed
Terry Schwertner
JEFFERSON COUNTY APPRAISAL DISTRICT
Voting Allocation for 2020 - 2021 Board of Directors
Based on 2018 Tax Levies
Drainage District #6
Drainage District #7
Navigation and Waterways Dist
Port of Beaumont
Port of Port Arthur
Port of Sabine Pass
Trinity Bay Conservation Dist
WCID #10
SUBTOTAL C & R DISTRICTS:
Jefferson County
Beaumont ISD
Hamshire-Fannett ISD
Hardin Jefferson ISD
Nederland ISD
Port Arthur ISD
Port Neches -Groves ISD
Sabine Pass ISD
City of Beaumont
City of Bevil Oaks
City of Groves
City of Nederland
City of Port Arthur
City of Port Neches
City of Taylor Landing
SUBTOTALS
2018 Tax Lew
$20,186,484.26
$25,785,897.94
$20,832,055.71
$10,918,148.96
$12,777,992.95
$1,344,796.79
$23,858.09
$1,019,041.42
$92,888,276.12
% of Total
Tax Lew
3.43%
4.38%
3.54%
1.85%
2.17%
0.23%
0.00%
0.17%
15.78%
# of Votes
171
219
177
93
109
11
0
9
789
$87,858,089.01
14.92%
746
$134,980,426.03
22.93%
1,146
$9,795,853.19
1.66%
83
$5,878,521.62
1.00%
50
$27,862,575.95
4.73%
237
$92,507;906.18
15.71%
786
$34,401,211.29
5.84%
292
$12,126,733.27
2.06%
103
$52,952,290.65
8.99%
450
$130,846.03
0.02%
1
$5,461,132.97
0.93%
46
$6,809,085.22
1.16%
58
$18,344,865.60
3.12%
156
$6,693,064.61
1.14%
57
$49,253.32
0.01%
0
$495,851,854.94
84.22%
4,211
TOTALS: $588,740,131.06 100.00% 5,000
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby casts all of its votes for Lauren Williams Mason to the Board
of Directors of the Jefferson Central Appraisal District.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
November, 2019.
- Mayor Becky Ames =
BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 12, 2019 1:30 PM
AGENDA
CALL TO ORDER
* Invocation Pledge RollCall
* Presentations and Recognitions
* Public Comment: Persons may speak on scheduled agenda items 3 and 4/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a request for a Specific Use Permit to allow a sports bar in a GC -MD
(General Commercial — Multiple Family Dwelling) District located at 3430
Concord
2. Consider a request for an amended Specific Use Permit to allow the expansion of
a bar in a GC -MD (General Commercial -Multiple Family Dwelling) District
located at 6210 Phelan Boulevard
3. Consider amending Chapter 22, Article 22.06, Section 22.06.012 of the Code of
Ordinances related to the Drought Contingency Plan
4. Consider a resolution approving the purchase of a fire truck
COMMENTS
* Public Comment (Persons are limited to 3 minutes)
* Councilmembers/City Manager comment on various matters
EXECUTIVE SESSION
* Consider matters related to the evaluation, duties or discipline of a public officer
in accordance with Section 551.074 of the Government Code to wit; specifically:
Councilmember Michael D. Getz
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Kaltrina Minick at 880-3777.
[1
November 12, 2019
Consider a request for a Specific Use Permit to allow a sports bar in a GC -MD (General
Commercial — Multiple Family Dwelling) District located at 3430 Concord
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, Ci� Manager
�S
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: November 12, 2019
REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a
sports bar in a GC -MD (General Commercial — Multiple Family
Dwelling) District located at 3430 Concord.
BACKGROUND
At the October 29, 2019, City Council meeting, Council requested more information and tabled
this item. The requested conditions have been approved for similar uses at this location by City
Council in past requests. Specific Use Permits are evaluated on a case by case bases due to
location and use, with reasonable conditions imposed in order to mitigate any negative impacts of
a proposed use at the particular location.
Amaray Mathew has applied for a Specific Use Permit to allow a sports bar at 3430 Concord. Mr.
Mathew states that he envisions the space as an elegant adult lounge for sports, birthday parties
and lots of fun. The lounge will be open from 8 p.m. - � a.m., seven days per week. The sports
bar will occupy a space in a commercial strip which also houses a beauty school and
retail. Security will be provided in the form of 3-4 bouncers.
In 1997, City Council approved a specific use permit to allow an entertainment, recreational
services and rental hall with the occasional sale of alcohol at this location. In 2011 a drinking
place was approved, then in 2012 a bottle club was approved. Those businesses have since closed
down and the space is now vacant. The immediate area facing the building along Concord and
Steelton is developed commercially.
At a Joint Public Hearing held on October 21, 2019, the Planning Commission recommended
5:0 to approve the request for a Specific Use Permit to allow a sports bar in a GC -MD (General
Commercial — Multiple Family Dwelling) District located at 3430 Concord Road with the
following conditions:
1. "No Loitering" signs shall be posted in the parking lot.
2. Proper security shall be provided.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the ordinance with the following conditions:
1. "No Loitering" signs shall be posted in the parking lot.
2. Proper security shall be provided.
3. The exterior of the property is to be maintained by proper containment of litter.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lots Plat D6, Tract 37 out of 11, A. Williams Survey, Beaumont, Jefferson County, Texas,
containing 2.125 acres, more or less.
SPECIFIC USE PERMIT APPLICATION,, 'r
v BEAUMONT, TEXAS d ��
(Chapter 30, City. Codes) f j
TO: THE PLANNING COMMMSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS
• " �!
J7
APPLICANT'S
JI%!.�/a
Ir
• " • � �' +� _ �_ X11
APPLICANT'S PHONE #: `rU `1—
ti+��u1 �
ADDRESS OF OWNER:
FAX
10-- r I
d .
LOCATION OF PROPERTY: 3 q5 V W c �t
LEGAL DESCRIPTION OF PROPERTY:
LOT NO. Ti OR TRACT r , r 57 D.e>a — T 1
BLOCK NO. PLAT
ADDITION p SURVEY A-. .
NUMBER OF ACRES (.<<�J" `¢? NUMBER OF ACRES 2 1�
For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties
proposed for a specific use permit, and a complete legal field note description.
PROPOSED USE:��� (;15, ZONE: ClG" n'y
ATTACH A LETTER describing all processes and activities involved with the proposed uses.
*ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet.
ATTACH A REDUCED 8 V211 X 11" PHOTOCOPY OF THE SITE PLAN.
THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use
permit. PLEASE ADDRESS EACH CONDITION IN DETAIL.
ATTACH THE APPROPRIATE APPLICATION FEE:
LESS THAN Y2 ACRE.................................................................$250.00
' %2 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00
5 ACRES OR MORE...................................................................$650.00
I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking
areas depicted on the site pian shall be adhered to as
amended and approved by City Council.. i C�
SIGNATURE OF APPLICANT: 0 Ni,. C DATE:
SIGNATURE OF OWNER: NOT APPLICANT) DATE: ?i I
PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET, ROOM 201
FILE NUMB
E BEAUMONT, TX 77701
DATE RECEIVED: —�� Phone - (409) 880-3764
Fax - (409) 880-3133
PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF
PROPOSED USES AND ACTIVITIES.
Endlone Sports Lounge
Mr. Arnaray Mathew
End Zone Sports Lounge
3430 Concord Rd.
Beaumont, Texas 77703
The End -Zone will be a lounge where adults can come.and enjoy themselves. Customers
will have flat screen televisions to watch different sports, game tables, and also music.The
establishment will be enforcing security also Identification strongly.The hours of operation
will be 8:00 pm until 2:00 am seven days a week.
Gogh
1. To have an elegant, safe and well respected establishment(s).
2. Expand throughout the city/state.
3. Help as many people as I can with jobs.
4. Give back to my community for the upbringing of our future. (the children)
Mil U 00 51S
This proposal is for the upcoming establishment named End -Zone Sports Lounge, I view
this space as an elegant adult lounge for sports, birthday parties and just lots of fun. With
the space being 4950 sq ft, I intend on maintaining high security monitoring. The owner of
the colonnade Mr. Nate Tarver, has all of the state codes all meet and updated. There will
also be 24/7 security monitoring, that will keep me on high alert at all times. The End -Zone
has two facilities one for men and one for women that sits separately. The End -Zone
Sports Lounge will provide adult beverages and adult entertainment. The space will have
flat screen televisions, a comfortable amount of tables, chairs and bar stools. For more
entertainment we will have music, hookahs and also game tables. The End -Zone will also
provide it's own private security. (bouncers 3-4) Identification will be strongly enforced at
the entrance also at the bar at all times. The End -Zone hours of operation will be between
8:00 pm until 2:00 am seven days a week. Within this colonnade there is one other
business that operates business until 7:00 pm. The End -Zone will not be operating
1
business at the same time as that business at any time. On The exterior of the building
along the walkway at the top there's many little lights. In the two southern corners of the
parking lot the city has two light poles with fighting. The city of Beaumont also have lights
along both sides of the building on streets, Steelton and Concord Rd. The End -Zone will
have parking lot security mean while the business is operating. At no time inside or outside
will there be any loitering accepted. The parking lot has two driveways, an entrance also an
exit that will allow smooth maneuvering, A fire hydrant is located on both sides of the
End -Zone which are on Steelton and Concord Rd. The End -Zone is in the mist of two fire
stations which is within one mile. The End -Zone will have a unique, well mannered and
uniformed staff for an awesome environment for adults.
ZONING ORDINANCE QUESTIONS
MY ANSWERS:
1. The End -Zone Sports Lounge hours of operation will be will not coincide with no other
business hours that is in the colonnade, a local police officers will be paroling the
End -Zone while operating.
2. End -Zone will, have its own maintenance done daily/monthly to maintain an elegant look.
3. Water/Electricity-End-Zone has a city drainage at the curb on each side of the parking
lot. On the comer of Steelton and Primrose also at the northeast side of Concord is a fire
hydrant. On Concord less than a mile is a fire station. At the southern end of the parking
lot sits a city light pole. The colonnade has lights that hangs along the top of the
walkway.
4. All parking will be in the parking lot at all times with security from local police and a
private parking lot security crew.The parking lot is located in the front of the End -Zone, it
has individual parking spots. The entrance driveway is located closer to the building and
the exit driveway sits 20 feet to the south of the entrance driveway.
5. To detect odors and fumes i will be using a security monitoring system. End -Zone sits in
the middle of the colonnade and it will have music that will be set at a minimum to not
cause vibration.
6. The End -Zone has lighting on the southern end of the parking lot, along the walkway of
the colonnade and along both streets, Concord and Steelton.
7. The parking lot is well painted to make the parking spots visible, and at the end of the
parking lot is a fence to seperate End -Zone from the other business.
8. Yes the End -Zone will strive to reach all of the standards that the city expects to be met.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A SPORTS BAR IN A GC -MD
(GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING)
DISTRICT AT 3430 CONCORD ROAD IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Amaray Mathew has applied for a specific use permit to allow a sports
bar in a GC -MD (General Commercial -Multiple Family Dwelling) District at 3430 Concord
Road, being Plat D6, tract 37 out of 11, A. Williams Survey, Beaumont, Jefferson County,
Texas, containing 2.125 acres, more or less, as shown on Exhibit "A," attached hereto;
and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow a
sports bar in a GC -MD (General Commercial -Multiple Family Dwelling) District at 3430
Concord Road, subject to the following conditions:
;and,
• "No Loitering" signs shall be posted in the parking lot;
• Proper security shall be provided;
• The exterior of the property is to be maintained by proper containment of
litter
WHEREAS, the City Council is of the opinion that the issuance of such specific
use permit to allow a sports bar is in the best interest of the City of Beaumont and its
citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby,
in all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a sports bar in a GC -MD (General Commercial -
Multiple Family Dwelling) District at 3430 Concord Road, being Plat D6, tract 37 out of
11, A. Williams Survey, Beaumont, Jefferson County, Texas, containing 2.125 acres,
more or less, as shown on Exhibit 'A" is hereby granted to Amaray Mathew, his legal
representatives, successors and assigns, as shown on Exhibit "B," attached hereto and
made a part hereof for all purposes, subject to the following conditions:
• "No Loitering" signs shall be posted in the parking lot;
• Proper security shall be provided;
• The exterior of the property is to be maintained by proper containment of
litter.
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 28 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.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
November, 2019.
- Mayor Becky Ames -
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November 12, 2019
Consider a request for an amended Specific Use Permit to allow the expansion of a bar in a GC -
MD (General Commercial -Multiple Family Dwelling) District located at 6210 Phelan Boulevard
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
ef513
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: November 12, 2019
REQUESTED ACTION: Consider a request for an Amended Specific Use Permit to allow
the expansion of a bar in a GC -MD (General Commercial -Multiple
Family Dwelling) District located at 6210 Phelan Boulevard.
BACKGROUND
L.W. Beaumont, LLC received a Specific Use Permit to allow a sports bar at 6210 Phelan
Boulevard in October 2018. The plans called for the use of the interior space as well as a
covered area. An application for a building permit was submitted for the restaurant/bar which
included a 4,024 square foot interior area and a 2,912 square foot covered patio area, with no
exterior seating shown. The registered design professional, H.M. McLeod, estimated the
occupancy at 395 which was within the 428 max occupant allowance according to the 2015
International Building Code. Following interior demolition of the space, permit #18-3843 was
approved for the restaurant/bar.
During a final inspection, unapproved changes/alterations were found that were not shown on the
original, permitted plan set. The major change from the original approved plan submission was
the expansion and improvements to the grassy area outside of the covered patio area. A fence
was extended to allow for additional customer seating and customer activities. This additional
customer area required additional means of egress within the fenced in area. This required
multiple conversations with the design professional as the owner was concerned about controlled
access to his business versus the required emergency egress to meet code. Multiple plan
revisions were submitted for consideration.
Three occupant loads were specified by the applicant's design professional for the temporary
occupancy of the building. The interior building was calculated at 200 people, the outside
covered patio was calculated at 209 people, and the uncovered grass area was calculated at 3 81
people. Also, during the plan revision process further discussions revealed that Little
Woodrow's was operating as more of a bar which served food, rather than a bar/restaurant. This
reclassification of use would require Little Woodrow's to add additional plumbing fixtures to the
facility.
An application for a new building permit was submitted by Classic Construction to add ten
additional bathroom fixtures and four additional lavatories to meet a new proposed occupancy
count of 700. The permit was placed on hold for consideration by the Planning Commission and
City Council.
Little Woodrow's is located at the southeast most tip of the Colonnade Shopping Center. As a
requirement for the original Specific Use Permit, screening and a masonry wall were installed.
The new addition will be approximately 1,500 square feet and include new cooler/storage space
and additional restrooms to accommodate the additional occupancy and seating area. This
addition will be located along the east side of the building providing an additional buffer from
noise for the adjacent residential neighborhood.
With regard to parking, it should be noted that concerns have been raised by other tenants about
the availability of adequate parking. It should also be noted that the calculation of occupancies is
set forth in the Building, Fire and Plumbing Codes, whereas the calculation of required off-street
parking is set forth in the Zoning Ordinance, reviewed by the Engineering Department. A
parking analysis was conducted as part of this revised Specific Use Permit. It found that while
demand for the parking spaces at the interior of the shopping center is high, the minimum of
spaces.has been provided at the shopping center, albeit some spaces are located farther afield at
the perimeter of the shopping center.
At a Joint Public Hearing held on October 21, 2019, the Planning Commission recommended 5:0
to approve the request for a Specific Use Permit to allow the expansion of a bar in a GC -MD
(General Commercial -Multiple Family Dwelling) District with the following conditions:
1. Install an eight foot (8') tall opaque perimeter fence.
2. Keep litter in direct area of subject property contained.
3. No live music allowed.
The Zoning Ordinance states, "The City Council shall not amend supplement, change, modify or
repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest
against such change (has been filed), signed by the owners of twenty percent (2001o) or more
either of the area of the lots included in such proposed change or of the lots or land immediately
adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote
of three-fourths (3/4) of all the members of the City Council. "
Protest against this request was received from more than 25% of the land immediately adjoining
the subject property. Therefore a vote of three-fourths (3/4) of the City Council shall be required
to approve the requested Specific Use Permit.
In an effort to mitigate the impact of the business on surrounding land uses, the applicant has
offered to limit the number of occupants to four hundred (400).
FUNDING SOURCE
Not applicable.
RECOMMENDATIONS
Approval of the request with the following conditions:
1. Install an eight foot (8') tall opaque fence.
2. Keep litter indirect area of subject property contained.
3. No live music allowed.
4. Occupancy be limited to 400 persons.
LW Beaumont, LLC
3711 Briarpark, Suite 300
Houston, Texas 77042
November 7, 2019
Mr. Chris Boone
Director of Planning and Community Development
City of Beaumont
801 Main St.,
Beaumont Tx 77701
RE: Amended Specific Use Permit (SUP), Little Woodrow's 6210 Phalen Boulevard File: 2397-P
Dear Mr. Boone:
As a condition to our SUP amendment: File 2397-P we request that our occupancy be limited to 400 people. This
occupancy amount is consistent with what we originally applied for in our SUP we received in October of 2018.
In adding the outside area, it was not our goal to increase the occupancy, rather enhance our product offering. During
the construction process, upon consultation with our local contractor we added the outside area thinking it would be ok
to do so. We were under the impression that we had complied with all codes and regulations and that having the open
space was acceptable. We now recognize that our adding the open space caused undue concerns, for which we are ,
deeply sorry.
Given that the current facility configuration is consistent with an allowable occupancy of 400 persons, we understand
that our current bathroom capacity is sufficient. However, if additional bathrooms are requested, we will gladly
construct them.
For over twenty years Little Woodrow's has taken great pride in its efforts to be a productive member and positive
influence on the numerous communities in which it operates across the great state of Texas. We make every effort in
our attempt to increase the value of the communities we serve, to be good neighbors and citizens and to always operate
with the highest standards in order to avoid any undue concerns regarding our operations.
Regards,
A&j
Robert Wilson,
President
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lot 46, Tract 6, Block J, T.H. Langham Estates, Beaumont, Jefferson County, Texas,
containing .736 acres, more or less.
SPECIFIC USE PERMIT APPLICATION
E.EAUMON T, TEXAS
(Cb"r 30, City Codes)
TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS
APPLICANT'S NAl t.- L. t,j Occ o nv-64 _ ,' k C
APPLICANT'S ADDRESS:.
APPLICANT'S PRONE #: FAX : ! �4 f 14 7 _
NAME OF OWNER: v+`s eO ro,4 nCt
ADDRESS of o L""Jq_ 2o0
LOCATION OF PROPERTY: 2. 10 PA " , .�e- t V vyl.�o A � ,. 1-�( `z
LEGAL DESCRIPTION OF PROPERTY-.
LOT NO: r L 4vt,,, 1 , ,yt c ,<T L el L OR
BLOCI{ NO. 'ft -7
ADDITION
NUMBER OF ACRES—,;
TRACT
PLAT
SURVEY
NUMBER OF ACRES
For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties
proposed for a.speeifrc use ppe�r�mit, and a complete legal field note description.
0 6-Act,_�to-4
PROPOSED USE: L—( go C ce C -i �7�s ��r 2-a AM— c� iD
ZONE:
ATTACH A LETTER describing all processes and activities involved with the proposed uses.
ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet.
ATTACH A REDUCED 8 Y:+' .X 11'1 PHOTOCOPY OF THE SITE PLAN,
THE EIGHT CONDITIONS listed on the back side of this sheet must,be met before City Council can grant a specific use
permit. PLEASE ADDRESS EACH CONDITION IN DETAIL.
ATTACH THE APPROPRIATE APPLICATION FEE:
LESS THAN V2 ACRE ........................ _....................................... $250.00
%z ACRE OR MORE AND LESS THAN 5 ACRES ...................$450.00
5 ACRES OR MORE...................................................................$650.00
I, .b ftlg:tl�c udder I ted ap li ntit, underslandthat all o t eEotld iioas, dimonsioils, btulding sizes, landscaping and parking
arc{as dep[cted 6h: fie site plan shall G.e adhetod(!fo amended and.approved by City'Cnunci[r
SIGNATURE OF APAjCANT`:
SIGNATURE OF OWNER ,.Ag (IF NOT APPLICANT) DATE:
PLEASE TYPE OR PRINT AND SUBMIT TO: CTTY OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET, ROOM 201
FILE NUMBER.:
BEAUMONT, TX 77701
_
DATE RECEIVBDq.2b I- Phone - (409) 880-3764
Fax - (409) 880-3133
PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN'AND LETTER OF
PROPOSED USES AND ACTIVITIES.
little WbodroW's
dnnks has
tZ o predorn. t� gyeatsser,� a 24-yearTack
cust nant points of and record
maintrs di a %tn, casual success by focus.
Q In an entertain9n canction—deliver atrnOsphere, Littl Ing on a bore
maintain a broad &casual atm ng quali a Woodr strate
loyal
has buil of regular o ospherQ t✓ith sup �bect ons of tradltio s Staff and decor ofoffering a full rnen
Yal custa Mersupoart an re i as a guars a value the rustic fastand friendly service.
Cvorites and the concept's of
Over the fast lei years d fiord or mouthgathet}rtg place��eca D farr►illarsta Consequently,. Llttl Consistently serving its
rtisfra, "ccellentsen,lcL 'andreas nabfets pricQWOodrow's
ging froom full seryl Utt1e Woodratzr's es, Lf�e
to fCOd $ruck Or "Site
ed to a full li /beer through 24 years of
tte guar
Please look at our aArcb�e: l�fe�oodr 'endors, sports bar With pada areas, offering food
�� atrs buir� fore list of all our locations
September 4, 2019
To: The Planning Commission and City Council, City of Beaumont, Texas
From: Robert Wilson, President LW Beaumont, LLC
RE: Response to eight conditions required to be met before a Specific Use Permit can be issued
In Response to Section 30-26. E the Zoning Ordinance requiring these eight conditions must be met .
before a Specific Use Permit can be issued please find below our answers for applicant LW Beaumont,
LLC dba Little Woodrow's:
1. That the specific use will be compatible and not injurious to the use and enjoyment of other
property, nor significantly diminish or impair property values within the immediate vicinity:
Little Woodrow's is located in the Colonnade an established shopping center with other bar uses
thus will be compatible to the Colonnade;
2. That the establishment of the specific use will not impede the normal and orderly development
and improvement of surrounding vacant property:
Little Woodrow's is located in the Colonnade Shopping Center and such will not impede the
normal and orderly development and improvement of surrounding vacant property.
3. That adequate utilities, access roads, drainage and other necessary supporting facilities have
been or will be provided:
Little Woodrow's is located in the Colonnade Shopping Center with all utilities, access roads,
drainage and other supporting facilitates provided.
4. The design, location and arrangement of all driveways and parking spaces provides for the safe
and convenient movement of vehicular and pedestrian traffic without adversely affecting the
general public or adjacent development:
Little Woodrow's is located on the easterly endcap of the Colonnade Shopping Center that
provides for safe and convenient movement of vehicular and pedestrian traffic without adversely
affecting the general public or adjacent development;
5. That adequate nuisance prevention measures have been or will betaken to prevent or control
offensive odor, fumes, dust, noise and vibration:
Little Woodrow's takes adequate measures to prevent or control offensive odor's, fumes, dust,
noise and vibration;
6. That directional lighting will be provided so as not to disturb or adversely affect neighboring
properties:
Little Woodrow's has insured that it will install directional lighting in such a manner as to not
disturb or adversely affect neighboring properties
7. That there are sufficient landscaping and screening to insure harmony and compatibility with
adjacent property:
The Colonnade perimeter fencing is 8' high as well as Little Woodrow's has screened a minimum
of 6' high around any perimeter patio area and professionally landscape, as such there will be
sufficient landscaping and screening to insure harmony and compatibility with adjacent
property;
8. That the proposed use is in accordance with the Comprehensive Plan:
Little Woodrow's is an appropriate use for its planned location at 6210 Phelan Blvd., additionally
it contributes to community by providing a safe and pleasant environment for the community to
congregate.
Lithe WoodroVs LLC, 3711 Briarpark, Ste. Soo, Houston, 'IX 77042
ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING AN AMENDED
SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF
A BAR IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE
FAMILY DWELLING) DISTRICT FOR PROPERTY
LOCATED AT 6210 PHELAN BOULEVARD IN THE CITY
OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, on October 23, 2018, the City Council of the City of Beaumont, Texas
adopted Ordinance No. 18-061 issuing a specific use permit to allow a sports bar in a
GC -MD (General Commercial -Multiple Family Dwelling) District for property located at
6210 Phelan Boulevard; and,
WHEREAS, LW.Beaumont, L.L.C. wishes to amend the specific use permit to
allow the expansion of a bar in a GC -MD (General Commercial -Multiple Family Dwelling)
District for property located at 6210 Phelan Boulevard, being Lot 46, Tract 6, Block J, T.H.
Langham Estates, Beaumont, Jefferson County, Texas, containing .736 acres, more or
less,, as_ shown on Exhibit 'A" attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval to amend the specific use permit
to also allow the expansion of a bar in a GC -MD (General Commercial -Multiple Family
Dwelling) District for property located at 6210 Phelan Boulevard, subject to the following
conditions:
; and,
Install an eight foot (8') tall opaque perimeter fence;
• Keep litter in direct area of subject property contained;
• No live music allowed
WHEREAS, the City Council is of the opinion that the amendment of such specific
use permit to allow the expansion of a bar is in the best interest of the City of Beaumont
and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby,
in all things, approved and adopted; and,
Section 1.
That Ordinance No. 18-061 be amended by amending the specific use permit
granted to L.W. Beaumont, L.L.C. to also allow the expansion of a bar in a GC -MD
(General Commercial -Multiple Family Dwelling) District at 6210 Phelan Boulevard, being
Lot 46, Tract 6, Block J, T.H. Langham Estates, Beaumont, Jefferson County, Texas,
containing .736 acres, more or less, as shown on Exhibit "A," is hereby granted to L. W. -
Beaumont, L.L.C., its legal representatives, successors and assigns, as shown on Exhibit
"B," attached hereto and made a part hereof for all purposes, subject to the following
conditions:
Install an eight foot (8') tall opaque perimeter fence;
• Keep litter in direct area of subject property contained;
• No live music allowed;
• Occupancy be limited to 400 persons.
Section 2.
That the amended 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 28 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.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
November, 2019.
- Mayor Becky Ames -
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November 12, 2019
Consider amending Chapter 22, Article 22.06, Section 22.06.012 of the Code of Ordinances
related to the Drought Contingency Plan
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director
MEETING DATE: November 12, 2019
REQUESTED ACTION: Council consider amending Chapter 22, Article 22.06, Section
22.06.012 of the Code of Ordinances related to the Drought
Contingency Plan.
BACKGROUND
On April 30, 2019, by Resolution No. 19-092, City Council approved the 2019 Water
Conservation Plan and renewal of the City's commitment to Chapter 22, Article 22.06 "Drought
Contingency Plan" of the Code of Ordinances.
On June 24, 2019, the City of Beaumont's Drought Contingency Plan was reviewed by the Texas
Commission on Environmental Quality (TCEQ). TCEQ noted an additional requirement to Sec.
22.06.012, that the ordinance read every wholesale water contract entered into or renewed shall
include a provision regarding water distribution in the instance of a drought in accordance with
the Texas Water Code.
The proposed changes to the ordinance will meet state regulations and further inform the City's
wholesale water customers. This ordinance is enabled by the TCEQ and meets the State's
standards.
BUDGETARYIMPACT
None.
RECOMMENDATION
Approval of the ordinance.
RESOLUTION NO. 19-092
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the 2019 Water Conservation Plan is hereby adopted. The Plan is substantially
in the form attached hereto as Exhibit "A;" and,
BE IT FURTHER RESOLVED THAT the City of Beaumont hereby renews its
commitment to Chapter 22, Article 22.06 "Drought Contingency Plan" of the Code of
Ordinances.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act,. Texas Government Code, Chapter
551..
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
April, 2019.
ARTICLE 22.06 DROUGHT CONTINGENCY PLAN
Sec. 22.06.001 Declaration of policy, purpose and intent
(a) In order to conserve the available water supply and protect the integrity of
water supply facilities, with particular regard for domestic water use, sanitation, and
fire protection, and to protect and preserve public health, welfare, and safety and
minimize the adverse impacts of water supply shortage or other water supply
emergency conditions, the city hereby adopts the following regulations and
restrictions on the delivery and consumption of water.
(b) Water uses regulated or prohibited under this drought contingency plan are
considered to be non-essential and continuation of such uses during times of water
shortage or other emergency water supply condition is deemed to constitute a waste
of water which subjects the offender(s) to penalties as defined in section 22.06.010
of this plan.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(a))
Sec. 22.06.002 Public involvement
Opportunity for the public to provide input into the preparation of the plan was provided by
the city by means of providing a public meeting to provide opportunity to allow public input.
The meeting was publicly announced through the Beaumont Enterprise. The notice for the
meeting was posted at City Hall, 801 Main St., and the meeting was held July 31, 2001.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(b))
Sec. 22.06.003 Public education
The city will periodically provide the public with information about the plan, including
information about the conditions under which each stage of the plan is to be initiated or
terminated and the drought response measures to be implemented in each stage. This
information will be provided by means of television announcements, press releases and utility
bill flyers. (Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted
10/9/01; 1978 Code, sec. 28-59(c))
Sec. 22.06.004 Coordination with regional water planning groups
The service area of the city is located within the Region I regional water planning area and
the city has provided a copy of this plan to Region 1. (Ordinance 01-058, sec. 1, adopted
7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(d))
Sec. 22.06.005 Authorization
The city manager, or his/her designee, is hereby authorized and directed to implement the
applicable provisions of this plan upon determination that such implementation is necessary
to protect public health, safety, and welfare. The city manager, or his/her designee, shall have
the authority to initiate or terminate drought or other water supply emergency response
measures as described in this plan. (Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance
01-078, sec. 1, adopted 10/9/01; 1978 Code, sec. 28-59(e))
Sec. 22.06.006 Application .
The provisions of this plan shall apply to all persons, customers, and property utilizing water
provided by the city. The terms "person" and "customer" as used in the plan include
individuals, corporations, partnerships, associations, and all other legal entities. (Ordinance
01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978 Code, sec.
28-59(f))
Sec. 22.06.007 Definitions
For the purposes of this plan, the following definitions shall apply:
Aesthetic water use. Water use for ornamental or decorative purposes such as fountains,
reflecting pools, and water gardens.
Commercial and institutional water use. Water use which is integral to the operations of
commercial and nonprofit establishments and governmental entities such as retail
establishments, hotels and motels, restaurants, and office buildings.
Conservation. Those practices, techniques, and technologies that reduce the consumption of
water, reduce the loss or waste of water, improve the efficiency in the use of water or increase
the recycling and reuse of water so that a supply is conserved and made available for future or
alternative uses.
Customer. Any person, company, or organization using water supplied by the city.
Domestic water use. Water use for personal needs or for household or sanitary purposes such
as drinking, bathing, heating, cooking, and sanitation, or for cleaning a residence, business,
industry, or institution.
Even -numbered address. Street addresses, box numbers, or rural postal route numbers ending
in 0, 2, 4, 6, or 8, and locations without addresses.
Industrial water use. The use of water in processes designed to convert materials of lower
value into forms having greater usability and value.
Landscape irrigation use. Water used for the irrigation and maintenance of landscaped areas,
whether publicly or privately owned, including residential and commercial lawns, gardens,
golf courses, parks, and rights-of-way and medians.
Non-essential water use. Water uses that are not essential nor required for the protection of
public, health, safety, and welfare, including:
(1) Irrigation of landscape areas, including parks, athletic fields, and golf courses,
except as otherwise provided under this plan;
(2) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or
other vehicle;
(3) Use of water to wash down any sidewalks, walkways, driveways, parking lots,
tennis courts, or other hard -surfaced areas;
(4) Use of water to wash down buildings or structures for purposes other than
immediate fire protection;
(5) Flushing gutters or permitting water to run or accumulate in any gutter or
street;
(6) Use of water to fill, refill, or add to any indoor or outdoor swimming pools or
jacuzzi -type pools;
(7) Use of water in a fountain or pond for aesthetic or scenic purposes except
where necessary to support aquatic life;
(8) Failure to repair a controllable leak(s) within a reasonable period after having
been given notice directing the repair of such leak(s); and
(9) Use of water from hydrants for construction purposes or any other purposes
other than firefighting.
Odd -numbered address. Street addresses, box numbers, or rural postal route numbers ending
in 1, 3, 5, 7, or 9.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(g))
See. 22.06.008 Criteria for initiation and termination of drought response stages
The city manager, or his/her designee, shall monitor water supply and/or demand conditions
on a daily basis and shall determine when conditions warrant initiation or termination of each
stage of the plan, that is, when the specified "triggers" are reached. The triggering criteria
described below are based on known system capacity limits. Future improvements to the
city's water system will increase capacity and this plan will be modified to reflect the
system's upgraded capacity.
(1) Stage 1 triggers—Mild water shortage conditions.
(A) Requirements for initiation. Customers shall be requested to voluntarily conserve
water and adhere to the prescribed restrictions on certain water uses defined in
section 22.06.007 of this article (definitions) when total daily water demand equals or
exceeds thirty-seven million (37,000,000) gallons for three (3) consecutive days or
thirty-eight million (38,000,000) gallons on a single day (e.g., based on the "safe"
operating capacity of water supply facilities).
(B) Requirements for termination. Stage 1 of the plan may be rescinded when all of
the conditions listed as triggering events have ceased to exist for a period of three
(3) consecutive days.
(2) Stage 2 triggers—Moderate water shortage conditions.
(A) Requirements for initiation. Customers shall be required to comply with the
requirements and restrictions on certain non-essential water uses provided in section
22.06.009 of this plan when the total daily water demand equals or exceeds thirty-
eight million (38,000,000) gallons for three (3) consecutive days or thirty-nine million
(39,000,000) gallons on a single day.
(B) Requirements for termination. Stage 2 of the plan may be rescinded when all of
the conditions listed as triggering events have ceased to exist for a period of three
(3) consecutive days. Upon termination of stage 2, stage 1 becomes operative.
(3) Stage 3 triggers—Severe water shortage conditions.
(A) Requirements for initiation. Customers shall be required to comply with the
requirements and restrictions on certain non-essential water uses for stage 3 of this
plan when the total daily water demand equals or exceeds thirty-nine million
(39,000,000) gallons for three (3) consecutive days or forty million (40,000,000)
gallons on a single day.
(B) Requirements for termination. Stage 3 of the plan may be rescinded when all of
the conditions listed as triggering events have ceased to exist for a period of three
(3) consecutive days. Upon termination of stage 3, stage 2 becomes operative.
(4) Stage 4 triggers—Critical water shortage conditions.
(A) Requirements for initiation. Customers shall be required to comply with the
requirements and restrictions on certain non-essential water uses for stage 4 of this
plan when the total daily water demand equals or exceeds forty million (40,000,000)
gallons for three (3) consecutive days or forty-two million (42,000,000) gallons on a
single day.
(B) Requirements for termination. Stage 4 of the plan may be rescinded when all of
the conditions listed as triggering events have ceased to exist for a period of two (2)
consecutive days. Upon termination of stage 4, stage 3 becomes operative.
(5) Stage 5 triggers—Emergency water shortage conditions.
(A) Requirements for initiation. Customers shall be required to comply with the
requirements and restrictions for stage 5 of this plan when the city manager, or
his/her designee, determines that a water supply emergency exists based on:
(i) Major water line breaks, or pump or system failures occur, which cause
unprecedented loss of capability to provide water service; or
(ii) Natural or man-made contamination of the water supply source(s).
(B) Requirements for termination. Stage 5 of the plan may be rescinded when all of
the conditions listed as triggering events have ceased to exist for a period of three
(3) consecutive days.
(Ordinance 01-058, see. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(h))
Sec. 22.06.009 Drought response stages
(a) Generally. The city manager, or his/her designee, shall monitor water supply
and/or demand conditions on a daily basis and, in accordance with the triggering
criteria set forth in section 22.06.008 of this plan, shall determine that a mild,
moderate, severe, critical, emergency or water shortage condition exists and shall
implement the following notification procedures:
(1) Notification of the public (all trigger stages): The city manager or his/her
designee shall notify the public by means of:
(A) Publication in a newspaper of general circulation (the Beaumont Enterprise);
(B) Public service announcements (local television and radio stations).
(2) Additional notification: The city manager or his/her designee shall notify
directly, or cause to be notified directly, the following individuals and entities:
(A) The mayor and members of the city council and the city fire department (all
trigger stages);
(B) City and/or county emergency management coordinator (trigger stage 3 or
above);
(C) TCEQ (required when mandatory restrictions are imposed) (triggers 4 and 5);
(D) Major water users (trigger stage 3 and above);
(E) Critical water users, i.e., hospitals, prisons, etc. (trigger stage 3 and above);
(F) Parks/street superintendents and public facilities managers (any trigger stage).
(b) Stage 1_ response—Mild water shortage conditions.
(1) Goal. Achieve a voluntary eight (8) percent reduction in total water demand.
(2) Supply management measures.
(A) Reduced flushing of water mains;
(B) Discontinue fire hydrant flushing;
(3) Voluntary water use restrictions.
(A) Water customers are requested to voluntarily limit the irrigation of landscaped
areas to Sundays and Thursdays for customers with a street address ending in an
even number (0, 2, 4, 6 or 8), and Saturdays and Wednesdays for water customers
with a street address ending in an odd number (1, 3, 5, 7 or 9), and to irrigate
landscapes only between the hours of midnight and 10:00 a.m. and 8:00 p.m. to
midnight on designated watering days.
(B) All operations of the city shall adhere to water use restrictions prescribed for
stage 2 of the plan.
(C) Water customers are requested to practice water conservation and to
minimize or,discontinue water use for non-essential purposes.
(c) Stage 2 response—Moderate water shortage conditions.
(1) Goal. Achieve a ten (10) percent reduction in total water demand.
(2) Supply management measures.
(A) Reduced or discontinued flushing of water mains;
(B) Discontinue fire hydrant testing;
(C) Reduced or discontinued irrigation of public landscaped areas;
(D) Implement measures to return all system components to full production
capacity.
(3) Water use restrictions. Under threat of penalty for violation, the following water
use restrictions shall apply to all persons:
(A) Irrigation of landscaped areas with hose -end sprinklers or automatic irrigation
systems shall be limited to Sundays and Thursdays for customers with a street
address ending in an even number (0, 2, 4, 6 or 8), and Saturdays and Wednesdays
for water customers with.a street address ending in an odd number (1, 3, 5, 7 or 9),
and irrigation of landscaped areas is further limited to the hours of 12:00 midnight
until 10:00 a.m. and between 8:00 p.m. and 12:00 midnight on designated watering
days. However, irrigation of landscaped areas is permitted at any time if it is by
means of a hand-held hose, a faucet -filled bucket or watering can of five (5) gallons
or less, or a drip irrigation system.
(B) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or
other vehicle is prohibited except on designated watering days between the hours of
12:00 midnight and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight. Such
washing, when allowed, shall be done with a hand-held bucket or a hand-held hose
equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be
done at any time on the immediate premises of a commercial carwash or commercial
service station. Further, such washing may be exempted from these regulations if
the health, safety, and welfare of the public is contingent upon frequent vehicle
cleansing, such as garbage trucks and vehicles used to transport food and
perishables.
(C) Use of water to fill, refill, or add to any indoor or outdoor swimming pools,
wading pools, or jacuzzi -type pools is prohibited except on designated watering days
between the hours of 12:00 midnight and 10:00 a.m. and between 8 p.m. and 12:00
midnight.
(D) Operation of any ornamental fountain or pond for aesthetic or scenic purposes
is prohibited except where necessary to support aquatic life or where such fountains
or ponds are equipped with a recirculation system.
(E) Use of water from hydrants shall be limited to firefighting, related activities, or
other activities necessary to maintain public health, safety, and welfare, except that
use of water from designated fire hydrants for construction purposes may be allowed
under special permit from the city.
(F) Use of water for the irrigation of golf course greens, tees, and fairways is
prohibited except on designated watering days between the hours 12:00 midnight
and 10:00 a.m. and between 8 p.m. and 12:00 midnight. However, if the golf course
utilizes a water source other than that provided by the city, the facility shall not be
subject to these regulations.
(G) All restaurants are prohibited from serving water to patrons except upon
request of the patron.
(H) The following uses of water are defined as non-essential and are prohibited:
(i) Wash -down of any sidewalks, walkways, driveways, parking lots, tennis courts,
or other hard -surfaced areas;
(ii) Use of water to wash down buildings or structures for purposes other than
immediate fire protection;
(iii) Use of water for dust control;
(iv) Flushing gutters or permitting water to run or accumulate in any gutter or
street; and
(v) Failure to repair a controllable leak(s) within a reasonable period after having
been given notice directing the repair of such leak(s).
(d) Stage 3 response—Severe water shortage conditions.
(1) Goal. Achieve a twelve and one-half (12.5) percent reduction in total water
demand.
(2) Supply management measures.
(A) All measures described for stage 2;
(B) Aggressively locate and repair major water main leaks and breaks.
(3) Water use restrictions. All requirements of stage 2 shall remain in effect during
stage 3 except:
(A) Irrigation of landscaped areas shall be limited to designated watering days
between the hours of 12:00 midnight and 10:00 a.m. and between 8:00 p.m. and
12:00 midnight and shall be by means of hand-held hoses, hand-held buckets, drip
irrigation, or permanently installed automatic sprinkler system only. The use of hose -
end sprinklers is prohibited at all times.
(B) The watering of golf course tees is prohibited unless the golf course utilizes a
water source other than that provided by the city.
(e) Stage 4 response—Critical water shortage conditions.
(1) Goal. Achieve a fifteen (15) percent reduction in total water demand.
(2) Supply management measures. All measures described in stages 2 and 3.
(3) Water use restrictions. All requirements of stage 2 and 3 shall remain in effect
during stage 4 except:
(A) Irrigation of landscaped areas shall be limited to designated watering days
between the hours of 6:00 a.m. and 10:00 a.m. and between 8:00 p.m. and 12:00
midnight and shall be by means of hand-held hoses, hand-held buckets, or drip
irrigation only. The use of hose -end sprinklers or permanently installed automatic
sprinkler systems is prohibited at all times.
(B) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or
other vehicle not occurring on the premises of a commercial carwash and
commercial service stations and not in the immediate interest of public health, safety,
and welfare is prohibited. Further, such vehicle washing at commercial carwashes
and commercial service stations shall occur only between the hours of 6:00 a.m. and
10:00 a.m. and between 6:00 p.m. and 10:00 p.m.
(C) The filling, refilling, or adding of water to swimming pools, wading pools, and
jacuzzi -type pools is prohibited.
(D) Operation of any ornamental fountain or pond for aesthetic or scenic purposes
is prohibited except where necessary to support aquatic life or where such fountains
or ponds are equipped with a recirculation system.
(E) No application for new, additional, expanded, or increased -in -size water
service connections, meters, service lines, pipeline extensions, mains, or water
service facilities of any kind shall be approved, and time limits for approval of such
applications are hereby suspended for such time as this drought response stage or a
higher -numbered stage shall be in effect.
(F) The use of water for construction purposes from designated fire hydrants
under special permit is to be discontinued.
(f) Stage 5 response—Emerizency water shortage conditions.
(1) Goal. Achieve a thirty (30) percent reduction in total water demand.
(2) Supply management measures. All measures described in stages 2, 3, and 4.
(3) Water use restrictions. All requirements of stage 2, 3, and 4 shall remain in effect
during stage 5 except:
(A) Irrigation of landscaped areas is absolutely prohibited.
(B) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or
other vehicle is absolutely prohibited.
(C) All water usage except that required to protect the public health, safety, and
welfare is prohibited.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(i)—(n); Ordinance 08-040, sec. 30, adopted 5/13/08)
Sec. 22.06.010 Enforcement
(a) No person shall knowingly or intentionally allow the use of water from the city
for residential, commercial, industrial, agricultural, governmental, or any other
purpose in a manner contrary to any provision of this plan, or in an amount in excess -
of that permitted by the drought response stage in effect at the time pursuant to
action taken by the city manager, or his/her designee, in accordance with provisions
of this plan.
(b) Any person who violates this plan is guilty of a misdemeanor and, upon
conviction, shall be punished by a fine of not less than two hundred fifty dollars
($250.00) and not more than two thousand dollars ($2000.00). Each day that one or
more of the provisions in this plan is violated shall constitute a separate offense. If a
person is convicted of three (3) or more distinct violations of this plan, the city
manager shall, upon due notice to the customer, be authorized to discontinue water
service to the premises where such violations occur. Services discontinued under
such circumstances shall be restored only upon payment of a reconnection charge,
hereby established at seventy-five dollars ($75.00), and any other costs incurred by
the city in discontinuing service. In addition, suitable assurance must be given to the
city manager that the same action shall not be repeated while the plan is in effect.
Compliance with this plan may also be sought through injunctive relief in the district
court.
(c) Any person, including a person classified as a water customer of the city, in
apparent control of the property where a violation occurs or originates shall be
presumed to be the violator, and proof that the violation occurred on the person's
property shall constitute a rebuttable presumption that the person in apparent control
of the property committed the violation, but any such person shall have the right to
show that he/she did not commit the violation. Parents shall be presumed to be
responsible for violations of their minor children, and proof that a violation, committed
by a child, occurred on property within the parents' control shall constitute a
rebuttable presumption that the parent committed the violation, but any such parent
may be excused if he/she proves that he/she had previously directed the child not to
use the water as it was used in violation of this plan and that the parent could not
have reasonably known of the violation.
(d) Any employee of the city, police officer, or other city employee designated by
the city manager may issue a citation to a person he/she reasonably believes to be
in violation of this article. The citation shall be prepared in duplicate and shall contain
the name and address of the alleged violator, if known, and the offense charged, and
shall direct him/her to appear in the city municipal court on the date shown on the
citation, for which the date shall not be less than three (3) days nor more than ten
(10) days from the date the citation was issued. The alleged violator shall be served
a copy of the citation. Service of the citation shall be complete upon delivery of the
citation to the alleged violator, to an agent or employee of a violator, or to a person
over fourteen (14) years of age who is a member of the violator's immediate family or
is a resident of the violator's residence. The alleged violator shall appear in the city
municipal court to enter a plea of guilty or not guilty for the violation of this plan. If the
alleged violator fails to appear in the city municipal court, a warrant for his/her arrest
may be issued. A summons to appear may be issued in lieu of an arrest warrant.
These cases shall be expedited and given preferential setting in municipal court
before all other cases.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(0))
Sec. 22.06.011 Variances
(a) The city manager, or his/her designee, may, in writing, grant temporary
variance for existing water uses otherwise prohibited under this plan if it is
determined that failure to grant such variance would cause an emergency condition
adversely affecting the health, sanitation, or fire protection for the public or the
person requesting such variance and if one or more of the following conditions are
met:
(1) Compliance with this plan cannot be technically accomplished during the
duration of the water supply shortage or other condition for which the plan is in
effect.
(2) Alternative methods can be implemented which will achieve the same level of
reduction in water use.
(b) Persons requesting an exemption from the provisions of this article shall file a
petition for variance with the city within five (5) days after the plan or a particular
drought response stage has been invoked. All petitions for variances shall be
reviewed by the city manager, or his/her designee, and shall include the following:
(1) Name and address of the petitioner(s).
(2) Purpose of water use.
(3) Specific provision(s) of the plan from which the petitioner is requesting relief.
(4) Detailed statement as to how the specific provision of the plan adversely
affects the petitioner or what damage or harm will occur to the petitioner or others if
the petitioner complies with this article.
(5) Description of the relief requested.
(6) Period of time for which the variance is sought.
(7) Alternative water use restrictions or other measures the petitioner is taking or
proposes to take to meet the intent of this plan and the compliance date.
(8) Other pertinent information.
(c) Variances granted by the city manager shall be subject to the following
conditions, unless waived or modified by the city manager or his/her designee:
(1) Variances granted shall include a timetable for compliance.
(2) Variances granted shall expire when the plan is no longer in effect, unless the
petitioner has failed to meet specified requirements.
(d) No variance shall be retroactive or otherwise justify any violation of this plan
occurring prior to the issuance of the variance.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(p))
Sec. 22.06.012 Application of plan to wholesale customers of city water system
(a) Pro rata water allocation. In the event that the triggering criteria specified in
section 22.06.008(3) of the plan for stage 3 severe water shortage conditions have
been met, the city manager is hereby authorized to initiate allocation of water
supplies on a pro rata basis in accordance with Texas Water Code section 11.039
and according to the following water allocation policies and procedures:
(1) The City of Beaumont will include a provision in every wholesale water contract
entered into or renewed after adoption of the plan, including contract extensions, that
in case of a shortage of water resulting from drought, the water to be distributed shall
be divided in accordance with Texas Water Code, §11.039.
(4-2) A wholesale customer's monthly allocation shall be a percentage of the
customer's water usage baseline. The percentage will be set by resolution of the city
based on the city manager's assessment of the severity of the water shortage
condition and the need to curtail water diversions and/or deliveries and may be
adjusted periodically by resolution of the city as conditions warrant. Once pro rata
allocation is in effect, water diversions or by deliveries to each wholesale customer
shall be limited to the allocation established for each month.
(23) A monthly water usage allocation shall be established by the city manager or
his/her designee, for each wholesale customer. The wholesale customer's water
usage baseline will be computed on the average water usage by month for the
1995-2000 calendar year period. If the wholesale water customer's billing history is
less than five (5) years, the monthly average for the period for which there is a
record shall be used for any monthly period for which no billing history exists.
(34) The city manager shall provide notice, by certified mail, to each wholesale
customer informing them of their monthly water usage allocations and shall notify the
news media and the executive director of the TCEQ upon initiation of pro rata water
allocation.
(45) Upon request of the customer or at the initiative of the city manager the
allocation may be reduced or increased if:
(A) The designated period does not accurately reflect the wholesale customer's
normal water usage;
(B) The customer agrees to transfer part of its allocation to another wholesale
customer; or
(C) Other objective evidence demonstrates that the designated allocation is
inaccurate under present conditions.
A customer may appeal an allocation established hereunder to the city council.
(b) Enforcement. During any period when pro rata allocation of available water
supplies is in effect, wholesale customers shall pay the following surcharges on
excess water diversions and/or deliveries:
(1) One hundred ten (110) percent of the normal water charge for water diversions
and/or deliveries in excess of the monthly allocation up through five (5) percent
above the monthly allocation.
(2) One hundred twenty (120) percent of the normal water charge for water
diversions and/or deliveries in excess of the monthly allocation from five (5) percent
through ten (10) percent above the monthly allocation.
(3) One hundred fifty (150) percent of the normal water charge for water
diversions and/or deliveries in excess of the monthly allocation from ten (10) percent
through fifteen (15) percent above the monthly allocation.
(4) Two (2) times the normal water charge for water diversions and/or more than
fifteen (15) percent above the monthly allocation.
(5) The above surcharges shall be cumulative.
(c) Variances.
(1) The city manager, or his/her designee, may, in writing, grant a temporary
variance to the pro rata water allocation policies provided by this plan if it is
determined that failure to grant such variance would cause an emergency condition
adversely affecting the public health, welfare, or safety and if one or more of the
following conditions are met:
(A) Compliance with this plan cannot be technically accomplished during the
duration of the water supply shortage or other condition for which the plan is in
effect.
(B) Alternative methods can be implemented which will achieve the same level of
reduction in water use.
(2) Persons requesting an exemption from the provisions of this plan shall file a
petition for variance with the city manager within five (5) days after pro rata allocation
has been invoked. All petitions for variances shall be reviewed by the city council,
and shall include the following:
(A) Name and address of the petitioner(s);
(B) Detailed statement with supporting data and information as to how the pro rata
allocation of water under the policies and procedures established in the plan
adversely affects the petitioner or what damage or harm will occur to the petitioner or
others if petitioner complies with this article;
(C) Description of the relief requested;
(D) Period of time for which the variance is sought;
(E) Alternative measures the petitioner is taking or proposes to take to meet the
intent of this plan and the compliance date;
(F) Other pertinent information.
(3) Variances granted by the city shall be subject to the following conditions,
unless waived or modified by the city or its designee:
(A) Variances granted shall include a timetable for compliance.
(B) Variances granted shall expire when the plan is no longer in effect, unless the
petitioner has failed to meet specified requirements.
(Ordinance 01-058, sec. 1, adopted 7/31/01; Ordinance 01-078, sec. 1, adopted 10/9/01; 1978
Code, sec. 28-59(q); Ordinance 08-040, sec. 30, adopted 5/13/08)
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 22,
ARTICLE 22.06, SECTION 22.06.012 OF THE CODE OF
ORDINANCES OF BEAUMONT, TEXAS, PERTAINING TO
THE APPLICATION OF THE DROUGHT CONTINGENCY
PLAN AS IT RELATES TO WHOLESALE CUSTOMERS OF
THE CITY WATER SYSTEM; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 22, Article 22.06, Section 22.06.12 of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 22.06.012 Application of plan to wholesale customers of city water system
(a) Pro rata water allocation. In the event that the triggering criteria specified in
section 22.06.008(3) of the plan for stage 3 severe water shortage conditions have been
met, the city manager is hereby authorized to initiate allocation of water supplies on a
pro rata basis in accordance with Texas Water Code section11.039 and according to
the following water allocation policies and procedures:
(1) The City of Beaumont will include a provision in every wholesale water
contract entered into or renewed after adoption of the plan, including
contract extensions, that in case of a shortage of water resulting from
drought, the water to be distributed shall be divided in accordance with
Texas Water Code, §11.039.
(2) A wholesale customer's monthly allocation shall be a percentage of the
customer's water usage baseline. The percentage will be set by resolution
of the city based on the city manager's assessment of the severity of the
water shortage condition and the need to curtail water diversions and/or
deliveries and may be adjusted periodically by resolution of the city as
conditions warrant. Once pro rata allocation is in effect, water diversions
or by deliveries to each wholesale customer shall be limited to the
allocation established for each month.
(3) A monthly water usage allocation shall be established by the city manager
or his/her designee, for each wholesale customer. The wholesale
customer's water usage baseline will be computed on the average water
usage by month for the 1995-2000 calendar year period. If the wholesale
water customer's billing history is less than five (5) years, the monthly
average for the period for which there is a record shall be used for any
monthly period for which no billing history exists.
(4) The city manager shall provide notice, by certified mail, to each wholesale
customer informing them of their monthly water usage allocations and
shall notify the news media and the executive director of the TCEQ upon
initiation of pro rata water allocation.
(5) Upon request of the customer or at the initiative of the city manager the
allocation may be reduced or increased if:
(A) The designated period does not accurately reflect the wholesale
customer's normal water usage;
(B) The customer agrees to transfer part of its allocation to another
wholesale customer; or
(C) Other objective evidence demonstrates that the designated allocation
is inaccurate under present conditions.
A customer may appeal an allocation established hereunder to the city council.
Section 3.
That if any section, subsection, sentence, clause or phrase of this ordinance, or
the application of same to a particular set of persons or circumstances, should for any
reason be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Rarfinn d
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 1.01.009 of the Code of Ordinances of the
City of Beaumont, Texas.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
November, 2019.
- Mayor Becky Ames -
11
November 12, 2019
Consider a resolution approving the purchase of a fire truck
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: November 12, 2019
REQUESTED ACTION: Council consider a resolution approving the purchase of a fire
truck.
A 2020 Velocity pumper truck would purchased from Siddons-Martin Emergency Group, of
Denton, Texas, in the amount of $757,594.00. The new unit will replace a 1993 pumper truck
with 79,933 miles. It has exceeded its expected service life. The new pumper truck will be
designated as Engine 41 and will be housed at Station 1 located at 1675 Caldwell Ave. The
existing unit will be disposed of according to the City's surplus property policy.
Pricing was obtained through the Houston -Galveston Area Council (H -GAC), a cooperative
purchasing association providing cities and political subdivisions with the means to purchase
specialized equipment at volume pricing. H -GAC complies with State of Texas procurement
statutes.
Manufacturer's warranty for the truck is twelve months. Delivery is expected within ten to
eleven months.
FUNDING SOURCE
Capital Reserve Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of one (1) 2020 Velocity pumper
fire truck for use by the Fire Department from Siddons-Martin Emergency Group, of
Denton, Texas, in the amount of $757,594.00 through the Houston -Galveston Area
Council (H -GAC) Cooperative Purchasing Program.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
November, 2019.
- Mayor Becky Ames -