HomeMy WebLinkAboutPACKET FEB 19 2019BEAUMONT
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 19, 2019 1:30 PM
CONSENT AGENDA
* Approval of minutes — February 5, 2019
* Confirmation of board and commission member appointments
A) Approve a resolution acknowledging that Beaumont has more than twice the state
average of units per capita supported by Tax Credits or private activity bonds and
authorizes the developer to submit an application to the Texas Department of Housing
and Community Affairs (TDHCA) for a proposed Housing Tax Credit (HTC) project
known as Laurel Vista, located at the northwest corner of Veterans Circle and offering
expressed support for the project and a Commitment of Development Funding by the
City
B) Authorize the City Manager to renew the annual service agreement for potable water with
Lucite International, Inc.
C) Authorize the City Manager to apply for Summer Reading Club grants from HEB, The
Foundation for Southeast Texas, and Entergy
D) Authorize the City Manager to execute all documents necessary for an Affiliation
Agreement with Lamar University
E) Approve a resolution accepting maintenance of a new water line on Phelps Boulevard
from IH -10 to Rexora Drive
F) Authorize the settlement of the claim of Edna Hornsby
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BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
Cs� .
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: February 19, 2019
REQUESTED ACTION: Council consider a resolution acknowledging that Beaumont has
more than twice the state average of units per capita supported by
Tax Credits or private activity bonds and authorizes the developer
to submit an application to the Texas Department of Housing and
Community Affairs (TDHCA) for a proposed Housing Tax Credit
(HTC) project known as Laurel Vista, located at the northwest
corner of Veterans Circle and offering expressed support for the
project and a Commitment of Development Funding by the City.
BACKGROUND
Herman & Kittle Properties, Inc. has applied to the Texas Department of Housing and
Community Affairs (TDHCA) for funding to develop Laurel Vista, a proposed seventy-seven
(77) unit housing development, located at the northwest corner of Veterans Circle.
Currently, Beaumont has more than twice the state average of housing units supported by Tax
Credits or private activity bonds per capita. As such, additional subsidized units cannot be
considered for this development by TDHCA unless the City acknowledges that Beaumont has
more than twice the state average of subsidized housing units per capita and offers support for
the project. In addition, applications that receive a Commitment of Development Funding in
the amount of at least $500 in the form of a loan, grant or reduced fees will receive additional
consideration by TDHCA. The Administration recommends offering a building fee waiver in
the amount of $500.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
WHEREAS, Herman & Kittle Properties, Inc. has proposed an affordable rental housing development
named Laurel Vista, located at Northwest Corner of Plaza 10 Circle in the City of Beaumont and
WHEREAS, Herman & Kittle Properties, Inc. has communicated that it intends to submit an application
to the Texas Department of Housing and Community Affairs (TDHCA) for 2019 Housing Tax Credits for
Laurel Vista.
It is hereby
RESOLVED, that the City of Beaumont, acting through its governing body, hereby confirms that it
supports the proposed Laurel Vista and that this formal action has been taken to put on record the opinion
expressed by the City of Beaumont on , and
FURTHER RESOLVED, that as provided for in § 11.3(b) of the Qualified Allocation Plan, it is expressly
acknowledged and confirmed that the City of Beaumont has more than twice the state average of units per
capita supported by Housing Tax Credits or Private Activity Bonds and
FURTHER RESOLVED, that the City of Beaumont hereby supports the proposed Laurel Vista, and
confirms that its governing body has voted specifically to approve the construction of the Development and
to authorize an allocation of Housing Tax Credits for the Development pursuant to Texas Government Code
§2306.6703(a)(4), and
FURTHER RESOLVED, that as provided for in §11.9(d)(2) of the Qualified Allocation Plan and in
accordance with Texas Government Code §2306.6725(a)(5), the City of Beaumont commits to provide
development funding for Laurel Vista, in the form of fee waivers in an amount not to exceed Five Hundred
and NO/100 Dollars ($500.00) .
FURTHER RESOLVED that for and on behalf of the Governing Body, is hereby
authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and
Community Affairs.
February 8, 2019
Marni Holloway
Director of Multifamily Finance
Texas Department of Housing & Community Affairs
P. 0. Box 13941
Austin, TX 78711-3941
RE: Laurel Vista
Approx. NWC Plaza 10 Circle, Beaumont, TX 77707
Dear Ms. Holloway:
On February 19, 2019, Beaumont City Council approved a resolution of support for Laurel Vista, TDHCA
#19094. This resolution includes a financial contribution of a $500.00 reduction in development costs, by
waiving the first $500.00 of plan review fees, water or sewer tap fees, and/ or other permitting fees
that are due and owing from the Applicant in connection with the construction of the Development,
after receipt of a Housing Tax Credits award.
Attached please find the amended resolution of support for Laurel Vista. If you have any questions or
concerns, please feel free to contact me at 409-880-3770.
Sincerely,
Kyle Hayes
City Manager
Attachment
0
January 9, 2019
Dear Community Partner,
On behalf of Herman & Kittle Properties, Inc., I am pleased to introduce Laurel Vista, a proposed
residential apartment community. Herman & Kittle Properties, Inc. will submit an application for 9%
Housing Tax Credits to the Texas Department of Housing and Community Affairs (TDHCA) for
Laurel Vista, which will be located at the Northwest corner of Veterans (Plaza 10) Circle in Beaumont
in Jefferson County. This New Construction development for seniors will be composed of up to
approximately 77 units reserved for income eligible households, as defined by TDHCA. The residential
density of the Development will be approximately 11; 5 units per acre.
Laurel Vista will provide residents with high-quality, modem appliances and, finishes, as well as
planned activities and many community amenities. The project details such as the architecture, building
materials, and final amenities are in the design phase and will be finalized prior to construction.
In the spring, the Texas Department of Housing and Community Affairs will hold public hearings in
various locations around the state to gather input on ,Competitive Housing Tax Credit applications;
comments can be made on any and all applications at each hearing. The heating schedule along with
contact information for written public comment will be posted on TDHCA's Public Comment Center
website later this year.
I look forward to introducing myself and the development and explaining how you can support our
efforts to provide much-needed, high-quality housing in Beaumont and Jefferson County. Should you
have any questions about the development, please do not hesitate to contact me at 806-543-8645 or
tbowyer@hermankittle.com.
Sincerely,
Representative, Laurel Vista Apart e�fs, LP (Applicant/Proposed Owner)
Development Director, Herman & Kittle Properties, Inc. (Developer)
500 E 96th St #300, Indianapolis, IN 46240
Q 0
Texas Department of Housing and Community Affairs
Multifamily Finance Division
Notification of Submission of Affordable Housing Applications .
January 18, 2019
The Honorable Audwin Samuel
City Council of Beaumont
801 Main Street P.O. Box 3827
Beaumont, TX. 77704-3827
Re: Notification of Affordable Rental Housing Application(s) Proposed in Your Jurisdiction
Dear Council Member Samuel:
The Texas Department of Housing and Community Affairs (the "Department') is in receipt of a preliminary
application(s) for possible funding through the Competitive Housing Tax Credit Program to develop or acquire
affordable multifamily rental housing in your community.
t
This notification is made in accordance with Tex. Gov't Code §23 06.1114 to ensure that you are fully informed of the
housing activity in your community'and so that you can provide input on the proposed application(s). The Department'
greatly values your views concerning the need for affordable rental housing within your community and how the
proposed development(s) may address that need. Additionally, state law provides an opportunity for the applicable
local jurisdiction (the city and/or county) to affect the scoring of an application by issuing a local resolution of support
or neutrality in accordance with Tex. Gov't Code §2306.6710(b)(1)(B). In order to affect the scoring of an application
within its jurisdiction, the local government resolution must be submitted on or before March 1, 2019, identifythe
specific development, and clearly state support or no objection. Once submitted, the resolution cannot be withdrawn or
amended More information can be found on page 45 ofthe 2019 Qualified Allocation PIan found
httpsJ/www.tdhca.state.tx.us/multifamily/nofas-rales.htm and suggested language for the resolution can be found at
httpsJfwww.tdhca.state.tx.ushnultif miily/apply-fnr-funds.htm. You may also impact scoring through a Commitment of
Development Funding by Local Political Subdivision. The criteria for the Commitment is found on page 46 of the 2019
QAP•
Should the applicant(s) submit a full application to the Department on or before March 1, 2019, the Department will
notify you again with more detailed information about the proposed development and provide information related to
general public comment including statewide hearings.
The Department's mission is to administer its assigned programs efficiently, transparently, and lawfully and to invest its
resources strategically while developing high quality affordable housing which allows Texas communities to thrive.
Through our multifamily programs, the Department encourages the new construction or rehabilitation of affordable
multifamily housing, primarily through private developers. These developments benefit Texans in your community by
providing potential employment, local tax revenue, and affordable, safe, and high quality housing for eligible
households.
Ifyou have any questions or need additional information, please contact Michael Lyttle, Director of External Afkirs, at
512.475.4542 or michael.lyttle@tdhca state.tx.us.
Sincerely,
M/,m ummy.
Marni Holloway
Director, Multifamily Finance
L N?
c.^;. ,-.
TEXAS oEP,ARTMENT OPHOUSING AND COMMUNITY AFFAIRS
221 Eest 11th Street, Aug., TX 78701 Main Number: 612-4763800 Emalk tnfo@ldhca.etece.bLUr
PO Box 13941, Austin, TX 78711 Toll Free: 1-800-545-0887 Web: www.tdhcastetebrus
EquatOPp<rnmtHy' ErqbyodProS=Auffzry ags and mrvSmsamereBada upon request io SdMd+eb Vft ftbOu
RelayTeffi: 803-735.2909 V7 and711(Vdte).
Relevant Development Information as Presented by the Applicant:
Project Number: 19094
Development Name; Laurel Vista
Development Address: JNWC of Plaza 10 Circle
Development City: 1BEMITIOnt Development Zip: 77707 Region: 0
Po
I Regional Allocailon: Urban Target 9 P ulatlon: Elden Y
i Set Aside: '❑ Nonprofit ❑ USDA ❑ At -Risk
j Construction Type: JNewComtrucHon
I Credit! Funding Request: 1 $1,206,092
Total Low Income Units: 77 Total Market Rate Units: 0 Total Units:
Applicant Information:
Owner Contact: Teresa Bowyer
Owner Address: 15qO East 96th Street, Suite 300
Owner City: Indianapolis Owner State: 7X Owner Zip: 46240
Owner Phone: 806 543 0645
Owner Email: tWMer@hermankltlle.com
r
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_ 1
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
221 East 11th Sheet, Ation, TX 78701 Main Number. 512-475-3800 Web}: www1dhca stals.bcus
PO Box 13941, Austin, TX 78711 Tog Free: i-800525-0957
Equal0*wl,it Emptagar/PmGmaAuillmY;dftand servlmsare avallaWsupmrequesttoladlvlduah%ilhdlsebMes.
RelayTexm: M736-209 M -d711 Wm).
s•
HERMAN & KITTLE
PROPERTIES, INC.
Rol &state Dav lopment i Gmerml Contractnig • Property Management
December 7, 2018
Chris Boone, Director
City of Beaumont
Planning & Community Development Department
801 Main, Suite 201
Beaumont, TX 77701
RE: 2019 HTC Application located at Northwest Corner of Plaza 10 Circle, Beaumont, TX
Mr. Boone:
Please accept this letter as our request for a 2x Resolution and Resolution of Support (template attached)
for a to -be -named apartment development at the subject location. Herman & Kittle Properties, Inc. (HKP)
intends to submit a 2019 9% Housing Tax Credit application for the proposed development to the Texas
Department of Housing and Community Affairs (TDHCA).
Below you will find the preliminary project information. Please note that the final deal structure will be
determined based on the market report, as required by TDHCA.
Location (map attached): Approximately 6.76 (Gross) Acres at Northwest Corner of Plaza 10 Circle,
Beaumont, TX
Household type: Senior with Veteran Preference/Marketing (to be confirmed -prior to TDHCA pre -
application)
Total Units: Approx. 74 (to be determined by site plan)
Income Mix: 8 Units @ 30% AMI, 15 Units @ 50% AMI, 49 Units @ 60% AMI
Bedroom Mix: 40 x 1 -bedrooms, and 32 x 2 -bedrooms
Thank you in advance for your consideration of this request. Don't hesitate to contact me should you have
questions or require additional information.
Sincerely,
f.
Teresa Bowyer
Development Director
Herman & Kittle Properties, Inc.
tbowver(@hermankittle.com
806-543-8645
500 East 96th Street Suite 300 • Indianapolis, IN 46240 • 317.846.3111 • hermankittle.com
PROPERTY MAP:
Approx. 6.76 (Gross) Acres at Northwest Corner of Plaza 10 Circle
RESOLUTION NO.
WHEREAS, Herman & Kittle Properties, Inc. has proposed a development for
affordable rental housing at the northwest corner of Plaza 10 Circle, named Laurel Vista
in the City of Beaumont, County of Jefferson, Texas; and,
WHEREAS, Herman & Kittle Properties, Inc. has advised that it intends to submit
an application to the Texas Department of Housing and Community Affairs (TDHCA) for
2019 Housing Tax Credits for Laurel Vista;
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,
SECTION 1. As provided for in §11.9(d)(2) of the Qualified Allocation Plan and in
accordance with Texas Government Code §2306.6725(a)(5), the City of Beaumont will
commit to provide up to $500 of in-kind contributions for the development of Laurel
Vista, which may be in the form of fee waivers, infrastructure improvements or other in-
kind contributions deemed beneficial to the City for future development. Specific in-kind
contributions will be determined at a later date.
SECTION 2. As provided for in §11.3(b) of the TDHCA Qualified Allocation Plan,
it is expressly acknowledged and confirmed that the City of Beaumont has more than
twice the state average of units per capita supported by Housing Tax Credits or Private
Activity Bonds.
SECTION 3. The City of Beaumont hereby supports the proposed new Laurel
Vista development, and confirms that its governing body votes specifically to approve
the construction of the development and to authorize an allocation of Housing Tax
Credits for this development pursuant to Tex. Gov't Code §2306.6703(a)(4).
SECTION 4. The City of Beaumont, TX, acting through its governing body,
hereby confirms that it is exclusively supporting in the TDHCA 2019 Competitive Tax
Credit Application Cycle in the At -Risk Funding Pool, the proposed Laurel Vista to be
located at the northwest corner of Plaza 10 Circle, Beaumont, Texas 77703 with the
TDHCA Application and that this formal action has been taken to put on record the
opinion expressed by the City of Beaumont, TX at its regularly scheduled Council
Meeting on February 19, 2019, at which a quorum was present.
SECTION 5. For and on behalf of the Governing Body, Mayor Becky Ames is
hereby authorized, empowered, and directed to certify this resolution to the Texas
Department of Housing and Community Affairs.
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 19th day of
February, 2019.
- Mayor Becky Ames -
L)
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director
MEETING DATE: February 19, 2019
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
renew the annual service agreement for potable water with Lucite
International, Inc.
BACKGROUND
Lucite International, Inc., (formally DuPont), uses a maximum of 21,000 gallons per hour on a
daily average or 504,000 gallons per day. The service agreement will allow the City to provide
potable drinking water services, and grants the City the ability to change rates if the demand of
Lucite International, Inc., should ever vary.
The service agreement will include renewal on an annual basis and label the user, Lucite
International, Inc., as a customer of the City of Beaumont. The agreement shall terminate with
30 days of written notice of intent by either party.
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 annual Service
Agreement between the City of Beaumont and Lucite International, Inc. for potable
drinking water services. The Agreement is substantially in the form attached hereto as
Exhibit "A" and made a part hereof for all purposes.
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 19th day of
February, 2019.
- Mayor Becky Ames -
BEAUMONT
TEXAS
City of Beaumont
SERVICE AGREEMENT CONTRACT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
CITY OF BEAUMONT §
CONTRACT BETWEEN
City of Beaumont • Lucite
WHEREAS, Lucite (formerly DuPont) doing business in the State of Texas (herein "Customer"),
and the City of Beaumont, a municipal corporation of the State of Texas (herein "City") entered into a
Contract on August 19, 2008, for City to provide potable drinking water services to Lucite;
WHEREAS, the City and Customer desire to adopt a Service Agreement for the provision of
potable drinking water services to Lucite and agree as follows:
WITNESSETH
I.
Customer agrees to maintain, free of charge to the City, the water lines within its property.
II.
The City shall have the right to enter on the property or premises with 24 hour prior notice for
any purposes reasonably incidental to or necessitated by the terms and provisions of this Contract. The
City will abide by all Customer site safety rules and other site access rules while on Customer property.
Customer agrees to install and maintain a UL approved RPZ (reduced pressure zone) backflow
prevention device at the point of service (the meter). The City will give a variance of several feet so that
the RPZ can be placed inside the fence for protection. The RPZ must be installed according to the
Page 1 of 6
EXHIBIT "A"
requirements in City Ordinance 01-032, Section 28-57.12. The assembly must be tested upon installation
and semi-annually by a certified tester.
IV.
Customer agrees to install and maintain all appropriate required backflow and backsiphonage
prevention assembly devices deemed necessary by the Texas Commission on Environmental Quality
regulations to protect the internal customers. The internal protection of the drinking water supplied to
Customer's employees and/or customers is the responsibility of Customer. The City will provide guidance
on proper cross connection prevention.
kv
Customer agrees to comply with applicable City Code of Ordinances including the following
restrictions and unacceptable practices prohibited by State regulations:
1. No direct connection between the public drinking water supply and a potential source of
contamination is permitted. Potential sources of contamination shall be isolated from the public
drinking water supply by an air -gap or a reduced pressure -zone backflow prevention device.
2. No cross -connection between the public drinking water supply and a private water system is
permitted. These potential threats to the public drinking water supply shall be eliminated at the
service connection by the installation of an air -gap or an approved backflow prevention device.
3. No connection which allows water to be returned to the public drinking water supply is permitted.
4. No pipe or pipe fitting which contains more than 0.25% lead may be used for the installation or
repair of plumbing at any connection which provides water for human use.
5. No solder or flux which contains more than 0.2% lead shall be used for installation or repair of
any water supply which provides water for human use.
Page 2 of 6
VI.
The Water Utilities Department will maintain a copy of this agreement as long as the
Customer and/or the premises are connected to the Water Utilities Department. Additional
requirements are listed below:
1. Customer shall have his property inspected for possible cross -connections and other potential
contamination hazards. These inspections shall be conducted by a qualified inspector
acceptable to the Water Utilities Department annually, or when there is reason to believe the
cross -connection or other potential contamination hazards exist due to changes to the private
water distribution facilities.
2. Customer shall notify the Water Utilities Department in writing of any cross -connection or other
potential contamination hazard which has been identified during the initial inspection or the
annual reinspection.
3. Customer shall immediately remove or adequately isolate any potential cross -connections or
other potential contamination hazards on his premises.
4. Customer shall, at their expense, properly install, test annually, and maintain any backflow
prevention device required by the Water Utilities Department. Copies of all testing and -
maintenance records shall be provided to the Water Utilities Department by July 30 of each
year or date of annual testing schedule.
VII.
If the Customer is identified as a Public Water Supply System by the State, then all testing and
reporting requirements to the State as a Public Water Supply System will be the responsibility of the
Customer. In the event of a change in treatment or distribution such as utilizing treated water other than
the City supply, Customer agrees to promptly report to the City. This is to include any violations of
chlorine and/or coliform monitoring.
Page 3 of 6
VIII.
The Customer is authorized to use a maximum of 21,000 gallons per hour on a daily average or
504,000 gallons per day. The rates applied by the City can be negotiated if the demand of the Customer
changes.
IX.
Customer agrees to pay to the City all charges for water service within thirty (30) days from date
of the statement from the City. In the event of failure of Customer to so pay said charges, City shall have
the right, upon thirty (30) days' written notice to Customer, to refuse to provide potable water service to
Customer.
X.
Customer will pay the same rate for water services as established from time -to -time by the City
Council for outside the City of Beaumont. In the event said rates are altered or amended by City
Ordinance, Customer agrees to pay said amended rates.
XI.
Customer agrees to:
1. Adopt a resolution or take some other official action agreeing to the terms and conditions of
this agreement;
2. Adopt a resolution or take some other official action ratifying, affirming and accepting the
benefits and agreeing to the terms, conditions and requirements of this agreement; and
3. Enter into such other or additional contracts or agreements as may be reasonably required to carry
out the purpose and intent of this agreement.
XII.
This Contract shall expire on January 31" of every year or if either party gives 30 days written
notice of intent to terminate this agreement.
Page 4 of 6
V.f"
Customer may, from time to time, convey or assign this Service Agreement with respect to all or
any part of the land contained within Customer's boundaries, and the assignee or assignees shall be bound
by this agreement. Upon prior approval by the City Council, of the assignee or assignees, and only upon
the condition that the assignee or assignees assume the liabilities, responsibilities and obligations under this
Service Agreement with respect to the land involved in the assignment or assignments, or as may be
otherwise approved by the City Council.
In connection with this agreement, official addresses for notification shall be:
A. Dr. Joseph Majdalani, Public Works Director
City of Beaumont
801 Main St, STE 200
Beaumont, Texas 77701
B. Lucite International, Inc.
Attn. Randy Wooline
6350 North Twin City Hwy.
Nederland, TX 77627
C. Lucite International, Inc.
Procurement
7275 Goodlett Farms Pkwy
Cordova, TN 38016
Any changes in said addresses may be made by notifying the other parties by certified mail of
the new or changed address.
Page 5 of 6
XIV.
This Service Agreement represents the entire and integrated Contract between the City of
Beaumont Water Utilities Department and Lucite and supersedes all prior negotiation, representatives, or
agreements, either oral or written. This Contract may be amended only by written instrument signed by
both the City of Beaumont's City Manager and Lucite.
IN WITNESS WHEREOF, the City of Beaumont Water Utilities Department has lawfully caused
these presents to be executed by the hand of the City Manager of said City, and the municipal corporate
seal of said City to be hereunto affixed, and the said Customer, acting by hand of the President and/or
Manager whereunto Authorized Representative, does now sign, execute and deliver this document.
Executed in duplicate originals at Beaumont, Texas, on this day of A.D., 2019.
CUSTOMER CITY OF BEAUMONT/CITY MANAGER
By tM0 �By:
(PRINT) Authoried Represeritative Date Kyle Hayes, City Manager Date
4i;
9
zed Representative Signa re Date
Attest: Attest:
Date
Page 6 of 6
Date
c
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer
MEETING DATE: February 19, 2019
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply
for Summer Reading Club grants from HEB, The Foundation for
Southeast Texas, and Entergy.
BACKGROUND
Annually the Beaumont Public Libraries presents its Summer Reading Club to the children of
Beaumont. This year's theme is "A Universe of Stories". Each year the Library System seeks
grants from local funding sources to supplement revenue streams. Three sources that will be
contacted will be HEB, The Foundation for Southeast Texas, and Entergy.
HEB: HEB Grants are funded through the local HEB stores Community Investment. The
Community Investment Program contributes to non-profit organizations that operate within the
immediate H -E -B marketing area. They favor activities, projects, and causes that make a visible
and positive difference.
The Foundation for Southeast Texas: The Foundation for Southeast Texas is a non-profit public
charity that accepts funds from donors, manages them, and then distributes them to non -profits in
the local community. They serve the needs of Hardin, Jefferson, and Orange Counties.
Entergy: Entergy Corporate and Foundation Giving is committed to creating and sustaining
healthy, vibrant communities through philanthropic support, volunteerism, low income customer
service initiatives and economic development.
The Beaumont Public Library system and the City of Beaumont greatly appreciate the past and
hopefully future support of these organizations for the Summer Reading Club.
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 apply for grant funding
through HEB Community Investment for the Beaumont Public Library Summer Reading
Club (SRC); and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to apply for grant funding through The Foundation for Southeast Texas for
the Beaumont Public Library Summer Reading Club (SRC); and,
BE IT ALSO RESOLVED THAT the City Manager be and he is hereby authorized
to apply for grant funding through Entergy Corporate and Foundation Giving for the
Beaumont Public Library Summer Reading Club (SRC).
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 19th day of
February, 2019.
- Mayor Becky Ames -
BEAUMONT
TEXAS
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
��1:�! �1:ZIi I1► 11,
City Council
Kyle Hayes, City Manager
Sherry Ulmer, Public Health Director
February 19, 2019
Council consider a resolution authorizing the City Manager to
execute all documents necessary for an Affiliation Agreement
with Lamar University.
Lamar University's Department of Education and Human Development is requesting a Master
Clinical Affiliation Agreement with the City of Beaumont Public Health Department's WIC
Division to provide clinical experience to its students.
The responsibilities of Lamar University will include but not be limited to the following:
- provision of classroom theory;
- preparation of students assignments;
- continuous communications with the Health Department regarding student performance; and
- supervision of students.
The responsibilities of the Health Department will include but not be limited to the following:
- acceptance and reasonable orientation of students;
- coordination of the university's assignment schedule;
- assistance in evaluation of each student;
- designation of an individual to serve as liaison with the university;
- provision of reasonable. opportunities for students to observe and assist in various aspects of
client care; and
- ultimate control of responsibility of client care.
The Agreement will be effective upon the date of execution based on final signature of both parties
and shall end on December 11, 2021.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of 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 all documents
necessary to enter into a Master Clinical Affiliation Agreement between the City of
Beaumont Public Health Department and Lamar University for clinical experience and
educational purposes under the supervision of the Public Health Department. The
Affiliation Agreement is substantially in the form attached hereto as Exhibit "A" and
made a part hereof for all purposes.
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 19th day of
February, 2019.
- Mayor Becky Ames -
Contract Number: 734 -2010 -AA -000404 MA S
Start Date: Wednesday, December 12, 2018 ,A LAMAR UNIVERSITY
December � �
End Date: Saturday,Db11 2021 -
m MEMBER THE TEXAS STATE UNIVERSITY SYSTEM'
MASTER CLINICAL AFFILIATION AGREEMENT BETWEEN
LAMAR UNIVERSITY
AND
CITY OF BEAUMONT
This Affiliation Agreement ("this Agreement") is made and entered into on Wednesday, December 12, 2018 (the
"Effective Date"), between Lamar University, an institution of higher education in the State of Texas and a component
of The Texas State University System, ("University'), which is located at 4400 MLK Parkway, Beaumont, Texas 77710 and
City of Beaumont("Facility"), which is located at City of Beaumont, 3040 College Street, Beaumont, Texas 77701.
University and Facility shall be known collectively as "the Parties" and singularly as "a Party" or "the Party." This
Agreement incorporates by reference the attached Program Addendum ("Program Addendum") and expressly includes
any additional terms and conditions stated in the Program Addendum, as if set out herein. In case of a conflict between
this Agreement and any Program Addendum, this Agreement shall control. Each Program Addendum shall constitute a
separate and independent contract between the parties and may have a term shorter than thisAgreement.
WHEREAS, Facility owns and operates a business and has a commitment to trainingstudents.
WHEREAS, University has established and sponsors certain accredited programs for students and seeks to
educate students by providing and coordinating educational and clinical practice sites for qualified students
("Students") and,
WHEREAS, the Parties recognize that they have certain objectives in common to educate and train students
in particular fields as identified in the Program Addendum and seek to provide clinical and educational experiences
for Students enrolled in the University's undergraduate and graduate programs by utilizing the Facility for said
purposes.
NOW THEREFORE, the Parties agree as follows:
ARTICLE 1— TERM AND TERMINATION
(1) This Agreement shall commence on the date of execution based on the final signature by both parties and
shall be infull force and effect for three (3) years, unless sooner terminated by mutual consent of the Parties,
or by any Party hereto giving the other Party written notice of termination in accordance with the Terms of
this Agreement. This Agreement shall automatically renew for two successive one (1) year periods, unless
earlier terminated by eitherParty.
(2) Either Party may terminate this Agreement without cause at any time upon sixty (60) days written notice to
the other Party.
(3) Notwithstanding any automatic renewal, this Agreement shall automatically terminate five (5) years from its
Effective Date.
(4) In the event that either Party terminates this Agreement, the Parties agree that no termination shall be
effective with regard to Students currently participating or enrolled in an ongoing clinical education
experience until such Students are allowed to complete any previously scheduled clinical assignments then
in progress at Facility. In such an event, all applicable provisions of this Agreement shall remain ih-force until
the end of the clinical education experience.
Second Party: City of Beaumont Page 1 of 8 Affiliation — Ver.1
LU Dept: Education & Human Dev
EXHIBIT "A"
TED t�
LAMAR UNIVERSITY
We MEMBER THE TEXAS STATE UNIVERSITY SYSTEM'
(5) The University may terminate this Agreement effective upon delivery of written notice to the Facility, or at
such later date as may be stated in the notice, if any license, permit, certificate or accreditation required of
Facility by law, rule or regulation, or by the terms of this Agreement, is for any reason denied, removed,
suspended, or not renewed.
ARTICLE 2 — RESPONSIBILITIES OF UNIVERSITY
University shall:
(1) Appoint a Program Liaison and timely inform Facility of the name, address, email address and phone number
of said Program Liaison who will, be available to assist Students and Facility personnel. The Program Liaison
will be responsible for maintaining ongoing contact with Facility's designated representative.
(2) Provide the educational direction of the Program as well as the placement and basic preparation of Students
through classroom instruction and Identification of educational and clinical objectives. University shall
further direct the Program in accordance with all guidelines established by local, state or national
associations, as well as develop, organize, and assist Facility in implementing and operating a Program that
is suitable to each Student, including Students with disabilities.
(3) Obtain from Facility the name, address, email address and phone number of Facility's designated
representative and acquaint Facility's designated representative with methods, objectives, goals, and
specifics of the Program as outlined in the Program Addendum.
(4) Ensure that each Student assigned to Facility pursuant to this Agreement is enrolled in the Program withthe
University.
(5) Recruit, screen, evaluate, select and assign to Facility only Students who have fulfilled all prerequisites for
training or clinical educational experience and provide Facility with information requested by Facilityabout
the Student, to the extent not prohibited by the Family Educational Rights and Privacy Act (FERPA), U.S.C.
§ 1232g; 34 CFR Part 99, or other applicable state or federal law. Facility is not authorized to redisclose any
FERPA or other protected information.
(6) if required by Facility, University shall notify students of Facility's requirements to obtain the necessary
criminal background check prior to assignment, but University shall not be required to conduct drug testing
or criminal background checks for students. The University shall refer students to either Facility's approved
vendor(s) or to a third party vendor at Student's sole cost and expense for the purposes of performing drug
testing, health care and criminal background checks. All results will be submitted by the vendor to the Facility
without involvement by the University.
(7) Coordinate with Facility to determine the number of Students to be placed at Facility, the duration of such
placement/assignment; the number of hours the Facilities will be available and assign only the number of
Students mutually agreed upon by Facility and University. University will notify Facility as soon as possible of
the dames and arrival dates of Students.
(8) Insurance: The University will require its Students and faculty involved in the performance of the Affiliation
Agreement to maintain professional liability insurance or self-insurance covering their activities under this
Agreement. Prior to each assignment to Facility, the University will furnish Facility, if applicable, with
evidence that each Student and faculty member/representative has in effect professional liability insurance
coverage of not less than $1,000,000 per incident and $3,000,000 in the aggregate. The University will issue
the Facility certificates of insurance as evidence that Students and faculty have current professional liability
insurance and will be kept current while such person is assigned to the Facility. University will inform Facility
Page 2 of 8
LU LAMAR UNIVERSITY
��
e MEMBER THE TEXAS STATE UNIVERSITY SYSTEM'
immediately of each renewal, cancellation or change in the content or amount of such coverage.
(9) Immunizations: The University will inform Students of Facility's immunization and vaccination requirements
and notify all Students participating in clinical education experiences involving patient contact or exposure
to patient their obligation to comply with immunization requirements.
(10) Inform Students of their obligation to provide transportation, appropriate supplies, uniforms and health
insurance, as applicable.
(11) Inform Students of their responsibility to adhere to all applicable administrative policies, rules, standards,
schedules, and practices of Facility and University, and attend orientation as applicable.
(12) Protected Health Information and the Health Insurance Portability and Accountability Act: The University
shall direct its students to comply with the policies and procedures of Facility, including those governing the
use and disclosure of individually identifiable health information under federal law, specifically 45 CFR Parts
160 and 164. Solely for the purpose of defining the students' role in relation to the use and disclosure of
protected health information, such students are defined as members of Hospital's workforce, as that term is
defined by 45 CFR 160.103, when engaged in activities pursuant to this Agreement. However, such students
are not and shall not be considered to be employees of Facility. Additionally, no services are being provided
to Facility by the University pursuant to this Program Addendum and therefore this Agreement does not
create a "business associate" relationship as that term is defined in 42 CFR §160.103.
(13) Infection Control: The University shall provide to Facility evidence of current tuberculosis screening prior to
any representative or Student providing services to Facility under the terms of the Affiliation Agreement.
University shall be responsible for notifying all employees or Students performing under the Affiliation
Agreement of any on-going screening requirements for tuberculosis and maintain adequate records of
current tuberculosis screens pursuant to guidelines established by law. If Facility suspects that faculty or
Students providing services under this Agreement have been exposed to or have a positive screening for a
communicable disease, Facility must respond according to the current CDC guidelines and keep
documentation of the action taken. Facility will conduct and document a reassessment of the risk
classification. Facility will conduct and document subsequent screening based upon the reassessed risk
classification.
(14) Upon notice, inform Facility of any adverse circumstances to which Facility may be exposed because of the
activities or health status, including the mental health status, of aStudent.
(15) Upon notice, notify Facility of any complaint, claim, investigation, involving a Student, faculty or Facility
representative or employee that is related to the educational or clinical experiences provided under this
Agreement, to the extent permitted bylaw.
(16) Accept the overall responsibility for the education, evaluation, qualifications, and competency development
of each Student and be solely responsible for the determination of a grade representative of the Student's
performance in the placement using the evaluation and observation of the Facility Liaison as well as other
objectives identified by the University.
ARTICLE 3 — RESPONSIBILITIES OF FACILITY
Facility shall:
(1) Designate a qualified Facility Liaison and timely inform University of the name, address, email address and
phone number of said Facility Liaison who will be available to assist University personnel and Students of
the Program. The Facility Liaison will be responsible for maintaining ongoing contact with University's
Page 3 of 8
MM
LAMAR UNIVERSITY
m MEMBER THE TEXAS STATE UNIVERSITY SYSTEM'
designated representative and providing instruction and supervision of the Students based in the Facility.
(2) Provide facilities necessary to support the Program(s) for the training and qualifying of Students in the
Program as identified in the Program Addendum; provide a supervised learning experience for Students in
accordance with agreed upon learning objectives, skill development areas, learning experiences, and
intended learning outcomes.
(3) Provide University's Program Liaison (or other designee) and Students, as necessary, with periodic
performance information and tender an end -of -semester evaluation forStudents.
(4) Immediately report any unsatisfactory conduct or performance of a Student to the University's Program
Liaison.
(5) Permit designated faculty members the right to visit with Students and Facility liaisons/supervisors at Facility
regarding the progress of Students participating in the Program at Facility.
(6) Provide Students with essential conditions and materials for their work (including safety equipment as
necessary), including direct supervision, space, privacy, participation in appropriate activities, access to
conference rooms for student education, office space for Program Liaisons, locker rooms or other secure
space forfaculty and students to store materials while on assignment, access to libraries and cafeteria (subject
to any applicable fees or charges as are customarily charged to any other person), technological supports and,
reimbursements for work-related expenses, where applicable.
(7) Provide an atmosphere for learning that is supportive and free of discrimination based, on race, color, sex,
sexual orientation, gender identity and expression, national origin, disability orage.
(8) Provide Students with information regarding policies and procedures of Facility, and with orientation
experiences to ensure that Students will be able to meet the requirement of Facility. .
(9) To the extent possible, provide Students with initial emergency care in case of accidents.
(10) Timely notify University in writing of any complaint, claim, investigation, involving a- Student, faculty or
Facility representative or employee that is related to the educational or clinical experiences provided under.
this Agreement. Facility shall further have the right to request immediate removal of any student from its
premises upon a determination by the administrator in charge that the Student poses a threat to the health,
safety or welfare of Facility's patients, clients or personnel or to the orderly business function of the Facility.
— Facility has no authority to remove a student from a Program.
(11) Timely notify University if Facility's license, permit or accreditation is revoked or in jeopardy to allow for
— students to be timely placed in other facilities.
ARTICLE 4 — RESPONSIBILITIES OF THE PARTIES
The Parties mutually agree that:
(1) University and Facility will work together to select and assign learning experiences for Students, and will
further provide for teaching, evaluation, overall supervision, and record keeping of Students.
(2) University and Facility will consult as necessary to'ensure that the Program meets acceptable standards of
care and provides Students participating in the Program with the necessary clinical and educational training
Page 4 of 8
ED
LAMAR UNIVERSITY
Wc MEMBER THE TEXAS STATE UNIVERSITY SYSTEM'
to successfully meet the requirements for the degree program for which the Students are enrolled.
(3) University and Facility will meet as necessary to discuss issues of mutual concern and to make such
suggestions and changes as are needed to achieve the objectives of theprogram.
(4) Neither Party's Students nor personnel shall be considered employees, agents, borrowed servants, partners,
or joint ventures of the other Party. Nothing herein shall be construed to create a joint venture, partnership,
association or like relationship between the parties. Neither Party will assume any liability under any law
relating to Workers' Compensation for the other Party's employees or students performing under this
Agreement. Students and faculty of University shall not be entitled to any monetary or other remuneration
for services performed bythem at the Facility arising out of their participation under this Agreement, nor will
Facility or University have a monetary obligation to one another by virtue of this Agreement. Nothing in this
Agreement is to be construed as transferring responsibility from on Party to another. Facility has the option
to support the clinical education activities of Student(s) through a financial stipend or other types of
subsidies for housing, parking or meal costs. Such support is for the purpose of supporting the clinical
education and will not constitute an employer-employee relationship between Facility and the Student or
Facility and the University.
(5) Facility is not responsible for wages, social security taxes, medical insurance, hospitalization insurance, or
workers' compensation insurance for Students. In the event a Student should, independent of this
Agreement, be employed by Facility, this section and the preceding section shall not apply during the hours
in which such Student is performing services as an employee of Facility.
(6) In the event of any dispute arising under or relating to this Agreement, the Parties shall make a good faith
attempt to resolve such dispute by mediation on such terms as the Parties find acceptable. Each Party shall
bear the costs of its own legal fees and expenses.
(7) If any situation arises that may threaten a Student's successful completion of the placement, the parties will
discuss and attempt to reach a mutual agreement with the Student regarding options for completing,
rescheduling or cancelling the placement.
(8) The Parties understand that there are constitutional and statutory limitations on the authority of
University to enter into certain terms and conditions of the Agreement, including, but not limited to, those
terms and conditions related to liens on University's property, disclaimers and limitations on warranties,
disclaimers and limitations of liability for damages, waivers, disclaimers and limitations of legal rights,
remedies, requirements and processes; limitations of periods to bring legal actions/ granting control of
litigation or settlement to another party; liability for acts or omissions of third parties; payment of
attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"), and
terms and conditions related to the Limitations will not be binding on University except to the extent
authorized by the Constitution and laws of the State ofTexas.
(9) There shall be no unlawful discrimination in either the selection of Students for the Program or as to any
aspect of their training or clinical educational experience on the basis of race, color, national origin, religion,
gender, age, veteran status, gender identity, sexual orientation, political affiliation or disability. In their
execution of this agreement, all contractors, subcontractors, their respective employees, and others acting
by or through them shall comply with all Lamar University and Texas State University System Policies and, all
federal and state policies and laws prohibiting discrimination, harassment, and sexual misconduct. Any
breach of this covenant may result in termination of this agreement.
Page 5 of 8
MIMS
;53 LAMAR UNIVERSITY
Ws MEMBER THE TEXAS STATE UNIVERSITY SYSTEM'"
ARTICLE 5 — GENERAL PROVISIONS
(1) The Parties agree that this Agreement will be construed by the laws of the State of Texas.
(2) In the eventthat legislation is enacted or regulations are promulgated ora decision of a court or administrative
tribunal is rendered which affects or may affect the legality of this Agreement or adversely affect the ability
of either Party to perform its obligations or receive the benefits intended hereunder, then, within thirty (30)
days following notice, each party will negotiate in good faith an amendment to this Agreement which will
carry out the original intention of the Parties to the extent possible in light of such legislation, regulation or
decision, and each Party will execute such amendment. In the event that the parties cannot reach
agreement on the terms and provisions of any such amendment within sixty (60) days following notice
provided in this paragraph, this Agreement may be terminated upon not less than thirty (30) days' prior
written notice of termination.
(3) The Parties agree notto use the other Party's name, likeness, images in any advertising, promotional material,
press release; publication, public announcement or other media, oral or written, without the written
consent of the other Party.
(4) The terms and conditions of this Agreement may be modified only upon mutual written consent of the Parties
at anytime.
(5) Any notice required or permitted under this Agreement shall be considered effective as of the date sent
by certified mail, return receipt requested, as follows:
FACILITY: UNIVERSITY:
City of Beaumont Lamar University
3040 College Street Dean, College of Education & Human Dev
Beaumont, Texas 77701 4400 MLK Parkway
Beaumont, Texas 77710
(6) Neither Party may assign any rights or obligations under this Agreement without prior written consent of the
other Party. However, nothing herein prevents any Parry from entering into other agreements and
affiliations.
(7) Each Party represents that the execution of this Agreement has been duly authorized.
(8) If any part of this Agreement should be determined to be invalid, illegal, inoperative, or contraryto applicable
law, statute, regulation, or University or Facility policies, that part of this Agreement shall be reformed, if
reasonably possible, to comply with the applicable policies, provisions of law, statute, or regulation, and, in
any event, the remaining parts of this Agreement shall be fully effective and operative insofar as reasonable
possible.
(9) No waiver of a breach of any provision of this Agreement shall be construed to be a waiver of any other
provision, unless in writing. No delay in acting with regard to any breach of any provision shall be construed
to be a waiver of such breach.
Page 6 of 8
LAMAR UNIVERSITY
a MEMBER THE TEXAS STATE UNIVERSITY SYSTEM
(10) Neither Party shall be liable nor deemed to be in default for any delay or failure in performance under this
Agreement or other interruption of service deemed resulting, directly or indirectly, from acts of God, acts of
public enemy, war, accidents, fires, explosions, hurricanes, floods, failure of transportation, strikes, or other
work interruptions by either Party's employees, or any similar cause beyond the reasonable control of either
Party.
(11) This Agreement is entered into by and between the Parties hereto and for their benefit. Unless explicitly
provided in this Agreement, there is no intent by either Party to create or establish third Party beneficiary
status or rights in any third Party, and no such third Party shall have any right to enforce any right or enjoy
any benefit created or established under this Agreement.
(12) This Agreement shall bind and benefit the respective Parties and their legal successors.
(13) This Agreement shall constitute the complete understanding of the Parties related to the subject matter
contained herein and supersedes all prior agreements, proposals, or understandings, whether written or
oral.
IN WITNESS THEREOF, this Agreement, in multiple originals, each of equal force, has been executed on behalf of
the Parties hereto as follows:
FACILITY:
Kyle Hayes
City Manager
LAMAR UNIVERSITY:
Dr. James Marquart
Provost and Vice President for Academic Affairs
Note: Modification of This Form Requires Written Approval of the Texas State University System Office of General
Counsel
Page 7 of 8
T53 LAMAR UNIVERSITY
WA MEMBER THE TEXAS STATE UNIVERSITY SYSTEM'
PROGRAM ADDENDUM
to.
MASTER CLINICAL AFFILIATION AGREEMENT BETWEEN
LAMAR UNIVERSITY
AND
CITY OF BEAUMONT
WHEREAS, this Program Addendum to Master Clinical Affiliation Agreement is made and entered into on
Wednesday, December 12, 2018 between Lamar University and City of Beaumont.
WHEREAS, Lamar University, is an institution of higher education in the State of Texas and a component of The
Texas State University System, ("University"), which is located at 4400 S. MLK Parkway, Beaumont, Texas 777.10
and City of Beaumont ("Facility"), is located at City of Beaumont, 3040 College Street, Beaumont, Texas 77701.
University and Facility shall be known collectively as "the Parties" and singularly as "a Party" or "the Party."
WHEREAS, University and Facility desire to implement the provisions of this Program Addendum to Master Clinical
Affiliation Agreement by providing students enrolled in University's Dietetic Internship Program with educational and
clinical experience utilizing the personnel, equipment and facilities of Facility.
NOW THEREFORE, subject to the terms, conditions and provisions of such this Program Addendum to Master Clinical
Affiliation Agreement, the Parties agree asfollows:
PROGRAM
Facility is a business engaged in public works.
University has established and sponsors a Dietetic Internship program for students and seeks to educate students by
providing and coordinating educational and clinical practice sites for qualified students for the completion of the
training offered by the University, subject to applicable accreditation standards and regulations.
The University's program is an eleven (11) month program designed to provide supervised practice experiences in
order to meet the ACEND guidelines to establish eligibility to take the Registration Examination for Registered Dietitian
Nutritionist.
Standards for the program include meeting accreditation guidelines asset forth by ACEND and the University.
Page8of8
0
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director
MEETING DATE: February 19, 2019
REQUESTED ACTION: Council consider a resolution accepting maintenance of a new
water line on Phelps Boulevard from IH -10 to Rexora Drive.
BACKGROUND
On January 31, 2019, a final inspection was completed by the Water Utilities Department and
administration recommends approval of the following:
• 364 linear feet of 12 -inch waterline improvements extending from IH -10 to Rexora
Drive.
Recommended for approval is the water line improvement for Phelps Boulevard within city
right-of-way only.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
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RESOLUTION NO.
WHEREAS, construction of the water improvements constructed on Phelps
Boulevard from IH -10 to Rexora Boulevard have been completed as follows:
and,
Water Improvements
• 364 linear feet of 12 -inch water line improvements extending from IH -10 to
Rexora Boulevard right-of-way only
WHEREAS, the developers of said improvements desire to have these
improvements accepted and maintained by the City; and,
WHEREAS, the Water Utilities Department has determined that said
improvements meet city standards and qualify for acceptance for permanent
maintenance, and the City Council is of the opinion that said improvements should be
accepted and maintained by the City of Beaumont;
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 above -referenced water improvements on Phelps Boulevard from IH -
10 to Rexora Boulevard right-of-way, with the exception of streetlights, are hereby
accepted by the City of Beaumont and shall be continuously maintained by the City
contingent upon filing of the final plat, complete with filings of dedication of all rights-of-
way and easements required on the preliminary and final plats and installation of the
streetlights.
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 19th day of
February, 2019.
- Mayor Becky Ames -
F
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: February 19, 2019
REQUESTED ACTION: Council consider a resolution authorizing the settlement of the
claim of Edna Hornsby.
BACKGROUND
This matter was presented and discussed in Executive Session held on February 5, 2019. The
City Attorney is requesting authority to settle this claim in the amount of $42,000.00.
FUNDING SOURCE
General Liability Fund. _
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, the claim of Edna Hornsby was discussed in Executive Session
properly called and held Tuesday, February 5, 2019; and,
WHEREAS, the City Attorney is requesting authority to settle this 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
Edna Hornsby for .the sum of Forty -Two Thousand and 00/100 Dollars ($42,000.00);
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 19th day of
February, 2019.
- Mayor Becky Ames -
BEAUMONT
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 19, 2019 1:30 PM
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda item No. 1/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a request to extend the deadline to commence construction of a retail
shopping center with restaurants on the GC -MD -2 portion of the property located
at 3100 N Major Drive, as allowed by a Specific Use Permit approved in February
of 2017
WORK SESSION
* Review and discuss a proposed update to the Pavement Management Study
COMMENTS
* Public Comment (Persons are limited to 3 minutes)
* Councilmembers/City Manager comment on various matters
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in
accordance with Section 551.071 of the Government Code:
James Cotton vs. Shawn Anthony Hunt, et al; Cause No. E-201,435
Luis Cruz Urbina vs. John Doe and City of Beaumont; Cause No. E-
201,869
Consider matters related to the deliberation of the purchase, exchange, lease or value
of real property in accordance with Section 551.072 of the Government Code, to wit:
Specifically city -owned property at 3455 Sarah Street
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Kaltrina NE -nick at 880-3777.
VI
February 19, 2019
Consider a request to extend the deadline to commence construction of a retail shopping center
with restaurants on the GC -MD -2 portion of the property located at 3100 N Major Drive, as
allowed by a Specific Use Permit approved in February of 2017
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: February 19, 2019
REQUESTED ACTION: Consider a request to extend the deadline to commence
construction of a retail shopping center with restaurants on the GC -
MD -2 portion of the property located at 3100 N Major Drive, as
allowed by a Specific Use Permit approved in February of 2017.
BACKGROUND
Zulag Properties, L.L.C. is requsting an extension for the Specific Use Permit issued in February
of 2017, to allow the construction of a retail shopping center, at 3100 N Major Drive. The City
of Beaumont Zoning Ordinance states, "Unless construction ... (is) commenced and
substantially underway within a two-year period, the specific use permit shall become null and
void. Extensions of time for good cause may be approved by the city council."
The proposed shopping center would consist of a 35,750 sq. ft. building and 216 parking spaces.
The proposed tenants would include retail shopping, offices, and restaurants. The applicant is
requesting additional time due to delays caused by Hurricane Harvey. The Administration
recommends a new deadline of February, 2020.
In February of 2017, City Council approved ordinance number 17-014 to allow a Specific Use
Permit for a retail shopping enter with restaurants, with the following conditions:
1. Driveways are subject to approval from TxDOT.
2. A sidewalk must be provided along Major Drive.
3. A buffer, and 8 ft wood or masonry privacy fence, must be provided along the east side of the
shopping center, where the project will abut a newly rezoned residential zoning district.
4. Must provide drainage plans along with hydraulic analysis and receive approval of the plan
from City Engineering, Drainage District # 6, and TxDOT.
FUNDING SOURCE
Not applicable.
RECOMMENDATIONS
Approval of an extension to the Specific Use Permit.
ZU
?�'Fr�t!Z' �"•
ZR LAG PROPERTIES LLC
January 18, 2019
Ms. Katrina Purcell, C.F.M.
City of Be4umont
Planning & Community Development
P.Q. Box.3827
Beaumont, TY 77704
Re: Extension Request of File 2281-Z/P — SUP for shopping center only
Dear Ms. Purcell,
Please accept this letter as Zulag Properties LLC request for an extension of File 2281-Z/P —
Special Use Permit for the shopping center only.
We were unable to complete this project because of the widespread_ impact of Hurricane Harvey
in August 2017- Storm water drainage done by Sam C. Parigi took longer to be placed. Our
architectural drawings had multiple changes made to them. The drawings are in the final stage
and will be submitted to City of Beaumont for approval soon.
Thank you for your consideration of the extension request.
Sincerely,
17291 [H-10
Vidor, Texas 77662
Tel: (409) 466-5995
Fax: (409) 4.22-0612
zulaaoronerdes@amail.00m
htLps://zuiagoroperties.com
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N. M A J O R D R I V E
^• DDID:2P12017
PROPOSED LAND DEVELOPMENT PROPOSED SITE PLAN SHEET
N. MAJOR DR, BEAUMONT; TX 77706 w! r ' y SCALE AS SHOWN S-1/1
ORDINANCE NO.
WHEREAS, on February 28, 2017, the City Council of the City of Beaumont,
Texas adopted Ordinance No. 17-014 granting a specific use permit to allow a retail
shopping center with restaurants in a GC -MD -2 (General Commercial -Multiple Family
Dwelling -2) District at property located at the east side of North Major Drive, just north of
Village Drive in the City of Beaumont, Jefferson County, Texas, subject to the following
conditions;
; and,
• Driveways are subject to approval from TxDOT.
• A sidewalk must be provided along Major Drive.
• A buffer, and 8 ft wood or masonry privacy fence, must be provided along
the east side of the shopping center, where the project will abut a newly
rezoned residential zoning district.
• Must provide drainage plans along with hydraulic analysis and receive
approval of the plan from City Engineering, Drainage District #6, and
TxDOT
WHEREAS, due to delays caused by Hurricane/Tropical Storm Harvey, Zulag
Properties, L.L.C. has requested an extension for the specific use permit to allow the
construction of a retail shopping center at 3100 N. Major Drive; and,
WHEREAS, the City Council is of the opinion that an extension of such specific
use permit to a new deadline of February, 2020 to allow the, construction of a retail
shopping center with restaurants 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,
THAT the specific use permit to allow a retail shopping center with restaurants in
a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at property
located at 3100 N. Major Drive by extending said specific use permit to a new deadline
of February, 202,,0 is hereby granted to Zulag Properties, L.L.C. The specific use permit
is subject to the conditions and site plan adopted by Ordinance No. 17-014.
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 19th day of
February, 2019.
- Mayor Becky Ames -