Loading...
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 @Pq " 6 fmLIM` WQW 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 - ;fir -'moi;` _ ::}, . ,•; .- / gFp, ,.�.,-� ':�� "'C,S •Ria: � �� I.�t:t- � --_:; v_tsy ��,'�r_��-�'P' - '+!{ =::4• i 4 i _f,-� O, "-_ _ _rl - •-r"'- }-, '- ®` _rc 'tea '?''Li O � L_ ^, r , L fit r � �.. , _.. - X. ./. .:y:.�.ti,;lu- - .. :- `u'.� - � J4�%�. _ O:,�C�' '� - __ fJ.'i,i L•S�' +"✓rim& n _ - _.L-� �i' y>I _ �` i�^.fil �i ;a, i;:--,ti;K.. •qy;= - - t:•-- 't_ �-� r=�—�J�7.1 �'r' `E'he 2,T"1.�: 1 r _ ,r: _ _ . j 4� t_Yr E; rd rr '' ;kP' i �r • „mak":.__, _ , _l,._._, -,. . i !� -- :7.• i. .(.GJ :•;.ti - /a' 7( ------ itv.r: :c'^�;:---- of ��r� - '�—`'�-''':a .Y�'',- T�: �� r"'-.__ '�. i. � � �-4.. .-or•. ..: ®u. � !/ J }- - p,, •` �-�, _� - , tke. l . i s - � r N',.:ij.:� p 1` ,... ���;� .. s° r•'r j `a. - �:\, � ^:` \: rw' :�,y - / ; J,- . yr, ? i � ,, ��� �-.=»__ __ _:' n I . - _ _ - _ .!' .1,'' `;: A: F'r l;:fi :-�.h. _ `iF„T .`. t ,f iv..'.,p•I _ ___, -- _;� .71 ,.� - y �CF..i ��i:. .Y.'.I �j� - __ __7 �, �'p:`/.t l:_ ""h,'t - t^:' I- .a _ ..N•.f [S1. L _ 7.Z-1' �,[ f..: .�/{],-- `M7 -.,t1' _::-r:7,::.'�' ,'_. �Y�'/�,/ • `,'�- (' �-7 �_-ul}{r, ��/Sr• :T ✓,.K, `" _. - `�' -� i': � ---T T �s(i �i�_ `��,�; f,� I• {2 .�i �c •�'{per __ '<•'•, ,'-t..,t�.` '^ � '�•�`X+`.•'; :�i <tq,;s� . ��'p =-„rjr' i- �'`•_.,'w'ti� •� ' \::. `:a' , �s ` ,y✓,': -:�'• • '� ^ ��`'_ •�"I ---- - V , r a � �=�-'.':`.(�'" O: - - - =- rr�•�._- se: �� ,” '��`�yR+; : : 4 r y .T ' - L -•Fl /..1 _ !T v .✓^. vt.'>`..':" j -:=x 1 Cr: n -s; r t "4, ,` _: _• f •d' ' - :(L ' .a rr, 1._ f-7 'r• `:,, t: •}1;.5 Y•` -.I i-'- _ �5. ?'. �.� „s ®� aL - ,,..+:•'.{ .,`--{i r• s}_ :r•F �/.'iC:-,: Fes`. X'}f',i. :_��'•J �_^`. .Y' L � .�L. "i, - �i... ';�I'-`-" �;-:.:.. fir:- . '/6 ,_+' �-.� • :.F fr. .i�. _ i'' - yy((Rr.' ..fir. ��. }f�'; �•- -_ - -- ]]��' � _ _ __, r___ Z•_` ..i I . •'t, `ill: �.. -:.f•' ,C. , r. t+.-: .--.•"��� --FS —---'�.�:•`_:..t PX kj WON jig ::i� , r. Z :��,f �c;:rl,:r•` ''i�OM•^�-K �-n-...1t1' i.� „_G r �CFf.,• jj���Y"•.�..!,.� (3F-C;�c'a�.=�-�=� -___ r�,f'�-i'",dry•,"�' Vii`, Hwy •eJl}�:• F% ` � i��''.0 4' - i I r +'P` t`• � II V :.'r� •. +� _ � u.-; .'u�''�°i A 75. e ,. _ ,, Mhz .. •``�'. �.} ::ti1;��J;���ay,': �� .:'; '`'•;o'' t �� , .�ye;�` is - •;(��g--;,,,: - �,,.{' }}•' II` - `,%t� .�'g=' _ -_.T^,r - ,`q .:Y .rS � •J = ::,� � •?'� � ,3. �j, - I - :� . o�';f �, :1 •'�- .- �j:f'r= ,•o { , i i'yC i •'.f. ��i-. '"��:' •�'yr{`�'fjh ,}F: .#r-=1:.1 : �AF''�:lS ry• o r a\i• t :;�y - -:�'�) i." .{� , _ (( D i1 • v:s t .1.?'• ,}-. ��,•' ,`, • ,./ _,L r il. .,>ti - :�, !y�U- , - Itt3• , �. 1' "1� "-v[:i - .. ..:: ..-_.- 1 .:1'({- p.;.t -.; y.-.: �� �y lc lr' `"•i• - i11,( 11•. - �.. ii Ca+ems.- •: : - -Ym,-_ `_ _• -_,. -_ __ .r , 1' 5. a� -- T'�•-ter.: - - :tiE` •i�' ....t..;;z,�t�:'�-,:�:�". ...+�,g. ,t i 'li __ _'jl. _ .cY'_�-'a� - J1 • � _� ,w3..®(,L .3R.a :qS�-�Fy+ ,�_ �'..,-•r'.r-,'''.RtM'ig'`): � �• - �y�• - - •r _ - •%i,. •� �c�- `Y::'e:�_ �' ^ �:'':}:\, .G-. 7r :�•=rt;t' - -�- f.' p. .•{ K D !'' '�,i'. t1.: �:,� .1�' ', A: �'a r :)•�:,p !!•m, \•., 1 - �'�'-� _ -`�;'� � .F �� ? v,'!:• 1 jw i ..h -. l �'i-,a ` .. `E,.•," � •, 3, w �. tiF` __ - 'Jrw�; •: ii ' r �If' �' + `[ .-;, - ,i'. - �; i.�•�g'�„ri'.., rY ._i, li.l' a xF'' -r'• _ .„•. r.. f :.I•� �.r- =i:•< 4�it �' ' •�. ^tit-k:�'r 5r'/\.•.}. �. ,��yt,w.rra c,D -•.- ,`y_ _ ..•� t `� _ �`¢ y�: • �t�}'c `.4'.r'” - _-., '=•`i-LSi� IN __� .::4;j�:: � ;i `a?;i®"''-'.t, �+r•` Rel •r t;�.:.. O -�., i;::'=.•. ��::, �'.."��:ayt F,,+F ,��J�}�' •�; _ _rte -.F c`"•3r _ �, • . a 1A•�::-.' \ \ SMONS TIRE SHOP N'3 Lo 300.69' \ \C "DRWAY OQ�0O-pQ BARRICADED TOWER N85'54'57" WLLIE L AUTO & DETAIL SHOP 00 N [V O M 2 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 - f 23� ,'Re �°Odroyi,s�in at for an `kende Pplicant: GC d Speck Use 1 rMit Location: 20 rca o auow 130"levard liiple-,,,th elp ily ansi4elan ..0MuweliO�on Doidsta bc atr, Little �i ME F- X X W llilllPINE-- IN= �� CNE .............. • • VI V ',! C?:• �'J - RC1- .:.... ....: r .. • R= • rcr.. �jfi • 9 ' - � '�'•=.:+�•� '„�: ..; IIIIII IIIIII IIIIIII . •I� : 'II� ��� � � •• �bl I!�'I � u� IIID• ...� . �I • /�/' �il�,,o_,;+:; ..'r'`. ..• �,:,•.; �..:,-::- rr ''�� ''�� sem.•:...�. :• •'ll u�: ^�' IIiIIII IIIIII IIIII�i i .... .., .... .... ., .,��1 � � ,:•{'I•—• ••• • �I �-.� � - •\' ,� OiOiOaO4oio.Di��Di����Q0i0 � �• I._� O -� I o000000000000o a 11 .... lldJ a ... .. Dill=sur:■. (Q ..�,q�?1150 :L � �' . i J \ I \ 1 \ 1 ic_I p'r''�'�°•� � li=��-.'�Il!!III ! Cr!r/Ir'!�Il".' �1�� 3 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 -