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HomeMy WebLinkAbout07/14/2020 PACKETBEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, DULY 14, 2020 1:30 PM CONSENT AGENDA Approval of minutes — June 23, 2020 Confirmation of board and commission member appointments Dana Lewis would fill the unexpired term of Shannon Mire on the Parks and Recreation Advisory Committee. The term would commence July 14, 2020 and expire September 30, 2021. (Councilmember Robin Mouton) A) Authorize the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to Horseshoe Construction, Inc. B) Approve a resolution correcting Resolution 20-123 C) Authorize the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) for the Women, Infants, and Children Program (WIC) D) Approve the purchase of two automatic chlorine injector systems from Moody Bros., Inc. of Houston, for use at the Water Treatment Plant E) Authorize the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS), for a Tuberculosis Prevention Control grant F) Authorize the City Manager to execute Change Order 3 to the contract with JackBuilt Contractors, LLC related to repair work at Fire Station No. 10 G) Authorize the City Manager to execute a hangar lease agreement with Casey Crenshaw for property located at the Beaumont Municipal Airport H) Authorize the transfer of ownership of a Drainage Easement to Jefferson County Drainage District No. 6 for drainage improvements on Northwest Parkway I) Authorize the acceptance of a ten foot wide Exclusive Water Line Easement for the construction of a new RV park located at 2575 West Cardinal Drive Authorizing the acceptance of a five foot (5') x one hundred foot (100') wide sidewalk easement for the construction of a continuous sidewalk for the Washington Blvd Phase 2 Street Improvement Project K) Authorize the City Manager to execute all documents necessary for the exchange of city - owned property for two Water Line Easements in the West Oakland Addition L) Approve a resolution waiving the penalty and interest for two accounts in the name of Mensacapital Properties LLC M) Approve a resolution waiving the penalty and interest for a tax account in the name of Stephanie Ann Ross N) Approve a resolution accepting a payment for a weed lien, and waiving the interest accrued, that is attached to property located at 3650 Magnolia RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Dana Lewis is appointed to the Parks and Recreation Advisory Committee to fill the unexpired term of Shannon Mire. The term will commence July 14, 2020 and expire September 30, 2021. 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 14th day of July, 2020. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: July 14, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to Horseshoe Construction, Inc. BACKGROUND On December 12, 2017, by Resolution 17-264, City Council awarded a contract to Horseshoe Construction, Inc., of La Porte, for the Pipe Bursting Work Order Contract in the amount of $1,708,872.50. Change Order No. 1, in the amount of ($30.65) is attached for your review. Proposed Change Order No. 2, in the amount of ($493,883.16) is required to adjust estimated quantities in the contract to reflect the actual quantities used for the work that was done. If approved, the final contract amount will be $1,214,958.69. This was a work order contract without areas being pre -selected. Time ran out on the contract before all of the estimated work on the contract could be performed. We recently awarded a new work order contract and have adjusted our estimates of work to better fit the contract time period. The portions of the project that were performed have been inspected by Water Utilities and those portions were found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order No. 2, maintenance and final payment for the work performed in the amount of $18,234.60 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO.17-264 BE IT RESOLVED gY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to Horseshoe Construction, Inc., of La Porte, Texas, in the amount of $1,708,872.50 to furnish all labor, materials, equipment, and supplies for the Pipe Bursting Work Order Contract Project and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with Horseshoe Construction, Inc., of La Porte, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted In strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of theCityof Beaumont this the 12th day of December, 2017. ash., ill :..►_ Q DATE: ;Iauu=y SAW Olk'N ER Crry. OR B. EA-um oFii T eO[iTRACMW: cE Oit -. :2 CMY6FR*WJN16NT THEfOLLOWRiG CH,10GES TH THEPLXWS AND/OR S".CD7CATIOMS ARP HERFXYMAI)IL- A*ta=at Of CS SmWeS in lba CoW=la taed-a Lbcwruplfi*.cfthcp*-a CODE :'UNP oHi izu. 4MAL. tifdrijucr- cuAwG'EO�Dl;'R*Ah�q"..T 341 SY 'AX -s 121M. S (11,43&40) s If. I SY tho 74.�') S 5 402 T-.hF--..d- Pmrsdan I-P Low 3 6.0 (LISL461 t Sol aedes.5l sel Tlalr fLuliHing FA 50. -35A0. 3 174.90. S-- "(2 n,00) Dq- FA . 113q. P.I.H Ma—m-ftle. L— d— ".Ptll R1a All 1-nt. & C-a-wf—Tb:rl—) 30 S 2A43M S 9 798, 3101 A L-40 S. 10 LU4 Coav ftuby.E=,,eon lnftft Ste** IADuCcmp)aeAflqzm Up to IX D'offi LA -140 1 =0 s 52;.0 S IL '2534 lttionnzL PA 0. 0.00 S 50M 7 S (73,275 00) 2533 IV 1).pdL. EA 20 17.00 5 C5-150 s 1-& 3301 VD.T4LWkkAflj CDW=&= mlc-c� cowlw) EA 10 0.0 s 8;67.5' Uj Lo SD41h 121 03.0 .3 D-15. S 17 4= LF 4mo 139UJ30 4793 S (101,1LIjq IS 4020 LF. LQUO 0,00S IY 420 P-�iluming.w. 20 M20 EA 5 0-00 S 3iO S. 22 -2551 Mtftla.Rcibwaby Fxmd—kn,AHSb..,-Upw LVDaph FA zn.ad 0.1m S 23 LF -'S*40 3260.w iij$. S- 4193,3731IO) 14 -40M pir. Bga[.a a- jd* - 0110,73,00.1irlto 15,I)epch LF 4.000.0 2995.00 `s 41.76 S (4 I'%uo) 25- p- :41:7 S k 4iQL qbqm LJ uk, -,.dW6&MF—F,=iC=M &lAppovA'ofFl*cTk==r .0 LF 200.00 .52.00 S 1L73 S paawl ALLOW 1.00 114P Is j "..cu TOTALARIOULST DEDUCTED FROXT THE COI"nZACT IS (493.1A3-16) NO WORKLNGDAYSILINE BEEN ADDED TOTHE CONTRACT RYTHIS MANGE ORDER ORTGTNAI; CONTRACT AMOUNT: OnAKGF ok]DZEES-r. TOTAL A.ATOUNT OF, "csA GE-oiftbvt- TOTALFERCENr CHANGE ORDERS TO DATE z -2&%% A— BY.- RECON04ENDED B Amalia Villarreal, City Engineer ATE Av?w A. D IS, ;lf.T,WX DATE - V UcoA3&TichwlogyServims DATE ATTROYEDBY, XIMYLMCFUZZAMWE� KVI DATE A=MBY: 7INA0]lM�AKPCF.-YcLPm DAIE r APPROVAL OF CONTRACT CHANGE CHANGE ORDER No. One (1) May 10, 2018 Page 1 of 1 PROJECT: City of Beaumont, Texas Pipe Bursting Work Order'Contract OWNER: City ofBeauniont; Texas 801 Main Street Beaumont, Texas 77704 CONTRACTOR: Horseshoe Construction, Inc. 2309 S Battleground Road La Porte, TX 77571 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: The bid item quantities for this project were estimated 'due to the work sites not being known ahead of time. The majority of defective pipes being found are smaller diameter pipes as opposed to larger ones. More quantity in pipe bursting of these smaller diameter pipes is needed to continue performing the rehabilitation work. ORIGINAL CONTRACT AMOUNT $1,708,87250 THIS CHANGE ORDER Descri 'on: ADD Item 21 Flexible, Pavement Structure Repair, Up to 4" Item 22 Obstruction Removal by Excavation, All Sizes, Up to 15' Depth Item 23 Pipe Bursting 6" — 8" Sewer to 8.625" OD, Up to 15' Depth Item 24 ' Pipe Bursting 8"-10" Sewer to 10.75"OD, Up to 15' Depth Item 25 Pipe Bursting 8"-10" Sewer to 12.75" OD, .Up to 15' Depth Item 26 Chain Link and Wooden Fences, and Gates, Per Approval of Project Manager DELETE Item 3 Continuous Pavement Joint Reinforcement Item 4 Flexible Pavement Structure Repair{8") Item 13 Chain Link and Wooden Fences, and Gatos, Per Approval of Project Manager Itom 16 Pipe Bursting.8"-10"Sewer to 12.75^ OD, Up to IS' Depth Unit Price Quantity NetChange $55.00/SY 553.Ob $30,415.00 S652.50/Fach 20.00 $13,050.00 $39.15/LP 5,889.00 $230,55435 $41.76/LF 4,000.00 $167;040.00 S43.50/LF 3,000.00 $130,500.00 $21.75/LT 200.00 $4,350.00 $191.40/SY, 100.00 (S191140.90) $6525/SY 200.00 ($13,050.00) $21.75/LF 1,000.00 ($21,750.00) $43.50/LF 12,000.00 ($522,000.00) TOTAL AMOUNT OF THIS CHANGE ORDER: (S30.65) TOTAL REVISED CONTRACT AMOUNT INCLUDING `I HTS CHANGE ORDER- S1,708i841.85 CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full' compensation for all increases and decreases in the cost of, and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance ofthis waiver constitutes an agreement between Owner -and Contractor that the Change Order represents an all inclusive, mutually agreed upon ndjustmentto the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it.is properly executed." Recommended by: Approved by: Accepted by. City fBeaumon CityofBeaumom Taylor Jones Pu is Works Director Owner Contractor e Date: vzA O Dater Date: `� l6 FINAL PAYMENT, GENERAL RELEASE,. .,& INDEMNITYAGREEMENT': STATE OF TEXAS § KNOWN ALL_ MEN BY THESE PRESENTS: COUNTY Y OF JEEFERSON § That -Horseshoe Construction, Inc., a . corponition, -with an office at 2509 S Battlegro nd -W, La Porte, Texas- 77574,,ih 66imiddiation of -the, payment of $18,234.60 representing the final payment under the - contract dated January 10,1018'b6tWeeri the undersigned and City of Beaumohf covering the Pipe Bursthw-Work "Order Contiract, does hereby certify and warrant that it has be6dfiilly paid on "Account of _ 'said contract and do es fiirtfier cerW . -and warrant that it has frilly paid and satisfied all clairds:'for work, ,labor, materials, and, supplies, equipment and all otlidt lit6n-is used. -or, furnished by the undersigned or its .Subcontractor(s) orgilpoli6rs in the performance of said contract. 1 h6V.ndqisigne d,-in consideration -of the final -payment being made by City of Beaurii6nt.6tirsuant to such contract; does hereby release and fbr6V6r.discharge Horseshoe Construction, Inc, from any right of lien it may have, against the real property . known as the Pine Bursting Work Order Contract under said contract, and the "undersigned ,hereby -4grego-.to defend, indemnif y, hold harmless City'bf BeAum6ht "from and Agaifist'a claims, demands -arid liabilities arising out of labor performed or material and .equipment supplied by the undersigned or by its subcontractors or suppliers in, conriection'With the performance of said contract. IN WITNESS WHEREOF the undersigned has caused this Release andIfiderrinity to, be "executed by its duly authorized officer This, Ig�_day d 20 :By: AtUS'T-:-,, County ofTexas Before a Notary- .. pers,onijlyappeafei.�-..;o--,-v5, t?— 'W-ck and and' execute the aboVe. Releas6. and indemnity. 'S TAYLOR JONES Notary Public,'State Of Texas Comm.'0-2021 s i w�b -rQ. Ex Notary,16 , 9632584 i2 public in And for said county; acknowledged 'that he/she did -sign PROJECT: Pipe Bursting Work Order Contract AWARDED CONTRACTAMOUNT: $ 1,708,87250 PERCENT OF TIME USED: 1 99% CONTRACTOR: Horseshoe Construction, Inc. CURRENT CONTRACT AMOUNT: $ 1,708,841.85 PERCENT OF WORK COMPLETE 719'e ESTIMATE#: 19 Finale CONTRACT DATE (NTP): 24-Jan-18 PERIOD: February 1, 2019 through February 28, 2019 CONTRACT CALENDAR DAYS: 730 CHANGE ORDERS: 1 & 2 CALENDAR DAYS USED: 720 ITEM No. DESC CODE DESCRIPTION EST. QTY UNIT MEASURE TOTAL PREVIOUS ESTIMATE CURRENT ESTIMATE TOTAL ESTIMATE TO DATE 'UNIT PRICE TOTAL AMOUNT 1 361 Full Depth Repair of Side Walk 5" 100 Sy 2 0 2 $ 121.80 $ 243.60 2 361 Full Depth Repair of Driveway (6") 100 SY 75 0 75 $ 156.60 $ 11,666.70 5 402 Trench Excavation Protection 1,OOD LF 806 0 806 $ 6.09 $ 4,908.54 6 502 Barricades, Signs and Traffic Handling 50 EA 38 0 38 $ 174.00 S 6,612.00 7 708 Remove and Replace or Install New Std. Fiberglass Manhole, 5'to 8' Depth 30 EA 15 0 15 $ 3,480.00 $ 52,200.00 8 708 Install Shallow Manhole, Less than S' Depth, With All Joints & Connections (Fiberglass) 20 EA 24 0 - 24 $ 3,04500 $ 73,080.00 9 708, 3301 Extra Depth for New or Replacement.Std. Manhole, Over 8 Feet Depth (Pre -Cast Concrete or Fiberglass) 150 VF 10 0 10 $ 130.50 $ 1,305.00 10 2534 Reconnect Service Connection by Excavation Including Stack to Liner, Complete, All Sizes, Up to'15' Depth Soo EA 223 0 223 $ 522.00 $ 116,406.00 it 2534 Reconnect Service Connection by Excavation Including Stack to Liner, Complete, All Sizes, Overto IS' Depth 50 EA 0 0 0 $ 565m $ 12 2553 Obstruction Removal by Excavation, All Sizes, Up to 15' Depth 20 EA 17 0 17 S 652.50 5 11,092.50 14 3301 Remove and Replace or Install New Std, Manhole, 5'to 8' Depth, With All Joints & Connections (Pre -Cast Concrete) 10 EA 0 0 0 $ 4,350.00 $ - 15 4020 Pipe Bursting 6" - 8" Sewerto 8.625" OD, Up to IS'Depth 5,350 LF 12103 0 12103' $ 39.15 $ 473,832.45 17 4020 Pipe Bursting 10" -12" Sewer t6'14.0" OD, Up to 15' Depth 3500 LF 1380 0 1380 $ 47.85 $ 66,033.00 18 4020 Pipe Bursting12" -IS" Sewer to 16.0" OD, Up to 15' Depth 1,000 LF 0 0 0 $ 60.90 $ - 19 4020 Pipe Bursting 15" -18" Sewerto 20:0" OD, Up to 15' Depth 1,000 LF 0 0 0 5 69.60 $ - 20 4020 Mobilization for short segment (c100') S EA 0 0 0 $ 435.00 $ - 21 361 Flexible Pavement Structure Repair, Up to 4" 553 Sy 1028 0 1028 $ 55.00 $ 56,535.05 22 2553 Obstruction Removal by Excavation, All Saes, Up to 15' Depth 20 EA 0 0 1 0 $ 652.50 •$ 23 4020 Pipe Bursting 6" - 8" Sewerto 8.625" OD, Up to 15' Depth 5,889 LF 3269 0 3269 $ 39.15 5 127,981.35 24 4020 Pipe Bursting 8" -10" Sewer to 10.75" OD, Up to 15' Depth 4,000 LF 2995 0 2995 $ 4L76 $ 125,071.20 25 4020 Pipe Bursting 8" -SO" Sewerto 12.75" OD, Up to 15' Depth 3,000 LF 1533 0 1533 $ 43.50 $ 66,672.45 26 2821 Chain Link and Wooden Fenees,,and Gates, Per Approval of Project Manager 200 LF 52 0 52 $ 21.75 $ 1,131.00 ALLOW jUnforseen Work as Directed by Owners 1.00 ALLOW 1 0.40 1 0 0,40 IS 50,00D.00 $ 20,187.85 PREPARED BY: o1/i )y C. At LV AVERI CHAN D AULT, WATER UTILITIES DESIGNER III REVIEWED BY: AL 4-5E N PIPPINS Il WATER UUTILiTIES DESIGN MANAGER APPROVED BY: AMAUA "MOLLY" VILLARREAL, P.E., INTERIM CITY ENGINEER 1 certify at all work, Incluy7ng materials, covered by this invoice have been comp! t d ordellv9led Infi9cordance with the Contract Documents. 1 /7_ Z �AV/.zoo a TE I aaao CONSTRUCTION, INC., CONTRACTOR ' I DATE GRAND TOTAL AMOUNT OF WORK DONE: $ 1,214,958.69 LESS 5%RETAWAGE: $ - SUBTOTAL: $ 1;214,95&69 LESS PREVIOUS PAY ESTIMATES: $ 1,296,724.09 AMOUNT DUETHiSPERIOD: $ N18,234.60.? RESOLUTION NO. WHEREAS, on December 12, 2017, the City Council of the City of Beaumont, Texas passed Resolution No. 17-264 awarding a contract in the amount of $1,708,872.50 to Horseshoe Construction, Inc., of La Porte, Texas, for the Pipe Bursting Work Order Contract Project; and, WHEREAS, on May 17, 2018, the City Manager executed Change Order No. 1, in the amount of ($30.65), to adjust the bid item quantities as the defective pipes were of a smaller diameter than originally estimated and additional pipe bursting of the smaller diameter pipes were needed to continue performing the rehabilitation work, thereby decreasing the total contract amount to $1,708,841.85; and, , WHEREAS, Change Order No. 2, in the amount of ($493,883.16), is required to adjust.the estimated quantities to reflect the actual quantities used forthe work performed, thereby decreasing the total contract amount to $1,214,958.69; and, WHEREAS, the work performed has been inspected by 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 ($493,883.16), to address the items described above, thereby decreasing the total contract amount to $1,214,958.69 for the Pipe Bursting Work Order Contract Project; and, BE IT FURTHER RESOLVED THAT the work performed for the Pipe Bursting Work Order Contract 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 $18,234.60 to Horseshoe Construction, Inc., of La Porte, 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 14th day of July, 2020. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 14, 2020 REQUESTED ACTION: Council consider a resolution correcting Resolution 20 - 123. BACKGROUND On June 18, 2020, Council approved Resolution 20 — 123 for a three year contract with Cigna for various life insurance policies. The term of the contract was incorrectly stated. The correct term of the contract is, one year with four additional extensions of one year each for a total of five years. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on June 1.6, 2020, the City Council of the City of Beaumont, Texas adopted Resolution No. 20-123 authorizing the City Manager to execute a three (3) year contract with CIGNA in the estimated annual amount of $82,472.00 for Basic Life and Accidental Death and Dismemberment (AD&D), Supplemental Life and Accidental Death and Dismemberment and Dependent Life Insurance effective January 1, 2021; and, WHEREAS, the correct term for the various life insurance policies is one (1) year with four (4) additional extensions of one (1) year each for a total of five (5) years; 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 a one (1) year contract with four (4) additional extensions of one (1) year each for a total of five (5) years with CIGNA in the estimated annual amount of $82,472.00 for Basic Life and Accidental Death and Dismemberment (AD&D), Supplemental Life and Accidental Death and Dismemberment and Dependent Life Insurance effective January 1, 2021. 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 14th day of July, 2020. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: July 14, 2020 REQUESTED ACTION: Council consider a resolution authorizing the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) for the Women, Infants, and Children Program (WIC) in the amount of $851,907.00. BACKGROUND The Texas Department of State Health Services has awarded the Beaumont Public Health Department funding for the Women, Infants, and Children Program (WIC) in the amount of $851,907.00. The contract will begin on 10/01/2020 and end on 09/30/2021, and will be amended annually through 9/30/2025 based on client participation. The Special Supplemental Nutrition for Women, Infants, and Children Program (WIC) is a nutrition education and supplemental food program for pregnant and postpartum women, breast-feeding women, infants, and children up to age five. The program also provides information on healthy eating and referrals to health care. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. 70 TEXAS ©C Health and Human a Services Texas Health and Human Services Commission June 22, 2020 Jammie Wright, WIC Director City of Beaumont Public Health Department, LA #040 3040 College St Beaumont, TX 77701 Phil Wilson Executive Commissioner RE: Health and Human Services Commission (HHSC) Women, Infants and Children (WIC) Local Agency Contract #HHS000800900001. CFDA Grant 10-557 Awarding Agency/Contact United States Department of Agriculture FNS Southwest Regional Office Food and Nutrition Service 1100 Commerce Street. Room 522 Dallas, TX 75242-9980 214 290-9810 This is a notification of your organization's FY 2021 (October 1, 2020 to September 30, 2021) WIC Local Agency funding. Your organization will be receiving funding as listed below: Funding Formula Rate (FFR): $15.10 Project Project Contact Project Total M Type ofA[location Admin Nutrition Education Breastfeeding General Admin Funding Elsa Rodriguez Elsa. Rodri guez2 ,hhsc.state. tx.us 715,981 X X X Peer Counselor Asia Sartor Asia.Sartor@hlisc.state.tx.us 67,816 X Registered Dietitian Stephanie Holland Stephanie. Holland I @1ihsc.state.tx.us 39,000 X X X Lactation Services Neesha Bukht Nees1ia.Qukhtgh1isc.state.tx-Us 8,200 X P.O. Box 13247 • Austin, Texas 78711-3247 • 512-424-6500 • hhs.texas.gov Jammie Wright June 22, 2020 Page 2 Project Project Contact Project Total ($) Type of Allocation . Admin Nutrition Education Breastfeeding SNAP -Ed Program — Breastfeeding Juliette Coronado Jul iette.COronado Cl,hhsc.state.tX.us 15,000 X Extra Funding — TXIN Internet Cindy Varnador Cindy .Varnador ct,hhsc.state.tx.us 5,910 X Funding Total $851,907 This notice does not relieve the agengy from seeking additional approvals as required by WIC Policy. All purchases must be in compliance with WIC policies and the Uniform Grant Management Standards, For HHSC to track local agency expenditures, please submit a separate State of Texas Purchase Voucher (Invoice) for reimbursement of actual allowable costs associated with each project. When submitting the Extra Funding voucher, include all Extra Funding Projects expenses onto one State of Texas Purchase Voucher. Identify the Project by listing the Project name on the Unit Price Column and its corresponding expense on the Amount Column on the face of the voucher. Example: TXIN Internet 1 $500.00. When submitting the SNAP-ED funding voucher, include all SNAP -Ed Projects expense onto one State of Texas Purchase Voucher. Identify the .Project name on the Unit Price Column and the corresponding expense on the Amount Column on the face of the voucher. Example: SNAP -Ed NE $350.00. If the allocation amounts on special projects are exceeded, any subsequent amount billed will be charged to your administrative WIC Funding. For questions regarding purchase requests, please contact Belinda Saunders at WICLARequests@hhsc.state.tx.us. For questions regarding funding concerns, please contact Cindy Varnador at Cindy.Varnador@hhsc.state.tx.us. If you have any questions or require additional information regarding your special projects, please use the project contact information listed above. Jammie Wright June 22, 2020 Page 3 Sincerely, Edgar Curtis Director Texas _WIC Cc: Kyle Hayes City Manager RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager or the Chief Financial Officer be and they are hereby authorized to execute all documents necessary to accept grant funding from the Texas Department of State Health Services (DSHS) for the benefit of the Beaumont Public Health Department's Women, Infants and Children (WIC) Division in the amount of $851,907.00 effective October 1, 2020 through September 30, 2021, with annual amendments through September 30, 2025 based on client participation. 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 14th day of July, 2020. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 14, 2020 REQUESTED ACTION: Council consider a resolution approving the purchase of two automatic chlorine injector systems from Moody Bros., Inc. of Houston, for use at the Water Treatment Plant. BACKGROUND The Water Treatment Plant uses manually adjusted chlorine gas injector systems to treat and disinfect water. The current injector systems were installed in 2007. Due to the corrosive effects of the chlorine gas, these injector systems require ongoing maintenance to keep them operating reliably. Maintenance of the current'equipment is made difficult by the increasing scarcity of repair parts due to the age of the system. A new system will allow the chlorine injection process to be automated, while allowing operators to make manual adjustments if needed. The cost to replace this equipment, and a two (2) year maintenance plan, is $100,250.00. Pricing was obtained from Moody Bros., Inc, as a sole source provider. FUNDING SOURCE Water Utilities 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 two (2) automatic chlorine injector systems for use by the Water Utilities Department from Moody Bros., Inc., of Houston, Texas, a sole source provider, in the amount of $100,250.00. 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 14th day of July, 2020. - Mayor Becky Ames - E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: July 14, 2020 REQUESTED ACTION: Council consider a resolution authorizing the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) in the amount of $31,753.00, awarded to the Beaumont Public Health Department. BACKGROUND The Texas Department of State Health Services has awarded the Beaumont Public Health Department a TB/PC (Tuberculosis Prevention Control) Federal grant, in the amount of $31,753.00. This funding will assist the Beaumont Public Health Department with operating a clinical program to prevent and control Tuberculosis. This contract begins on l/l/2021 and ends on 12/31/2021. FUNDING SOURCE There is a 20% match requirement that will be budgeted in the General Fund -Public Health. RECOMMENDATION Approval of the resolution. QTEXAS � Health and Human Texas Department of State Health Services Services John Hellerstedt, M.D. Commissioner June 8, 2020 City of Beaumont Public Health Department Program ID: TB/PC-FED- Contract Number: HHSOOO686100002 RE: Fiscal Year 2021 Federal Contract Term Renewal Dear TB/PC Contractor: The Texas Department of State Health Services, Tuberculosis and Hansen's Disease Branch, is initiating the contract process for fiscal year (FY) 2021. The contract period for the FY21 TB/Federal Contract is 1/1/21-12/31/21. The below documents are included in this email and need to be completed and returned; by_'--un .22, _2020.` 1. FY21 Blank Budget Template ► The funding allocation for City of Beaumont Public Health Department, contract #HHS0006861OOOO2, for the contract term O1/O1/21 - 12/31/21 is $31,753.00. ► The Contractor shall provide a match amount of no less than 20% of the DSHS share -of the budget which is $6,350.60_ Be sure to include your match amount within the budget template you submit. 2. The Inter -Local Application (ILA) Packet If you have any questions or need additional information, please contact Samantha Lavoie, Contract Manager, TB Control and Prevention Services, Contract Management Unit at (512) 776-2152 or bye -mail at Samantha. Lavoie@)dshs.texas.gov. Sincerely, Samantha Lavoie, BS, CTCM Contract Manager Division for TB Prevention and Control Contract Management Section Attachments: ILA Packet and FY21 Budget Template. cc: Sandra A. Morris, M.P.H., Manager, Tuberculosis and Hansen's Disease Branch, Amira Suton, Funds -Management Analyst, Tuberculosis and Hansen's Disease Branch. P.O. Box 149347 - Austin, Texas 78714-9347 - Phone: 888-963-7111 • TTY: 800-735-2889 wtinvdshs.texas.gov RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager or the Chief Financial Officer be and they are hereby authorized to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) for the Tuberculosis Prevention and Control -Federal Grant in the amount of $31,753.00, effective January 1, 2021 through December 31, 2021, to assist the Beaumont Public Health Department with operating a clinical program to prevent and control Tuberculosis. 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 14th day of July, 2020. - Mayor Becky Ames - F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Director MEETING DATE: July 14, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order 3 to the contract with JackBuilt Contractors, LLC related to repair work at Fire Station No. 10. On January 14, 2020, by Resolution No. 20-008, City Council awarded Jackbuilt Contractors, LLC, of Orange, Texas the contract for the Tropical Storm Imelda related repairs to the interior of Fire Station No. 10 in the amount of $64,800.00. On May 5, 2020, the City Manager executed Change Order No. 1 increasing the contract time by forty-three (43) days and moving the Substantial Completion Date to June 30, 2020. The increase in contract days resulted from the Beaumont Fire Department utilizing the facility to quarantine personnel that were exposed to the Covid-19 virus while on duty. This Change Order had no effect on the total contract amount of $64,800.00. On June 17, 2020, the City Manager executed Change Order No. 2 in the amount of $3,730.51, to install four (4) exit/combo lights and associated conduit and wiring at the designated exit doors in the building. The existing building was built in 1974 and the fire safety code requirements were not as stringent as todays current fire and life safety code. At the request of the City of Beaumont Building Codes Division and the Fire Marshal's office, the exit signs must be installed to receive the Certificate of Occupancy at the close of the project. This adjustment in the scope of work resulted in an increase of $3,730.51 (0.0576%) and a contract value of $68,530.51. Change Order No. 3 consists of the installation of ground wiring to each electrical device throughout the building (which includes light switches, receptacles, light fixtures, HVAC equipment, etc.). The existing building was built in 1974 and the grounding requirements were not as stringent as todays current electrical code. At the request of the City of Beaumont Building Codes Division, the grounding must be upgraded to receive the Certificate of Occupancy at the close of the project. Change Order No. 3 will result in an increase to the original contract in the amount of $9,600.00 (0.1401%) and a contract value of $78,130.51. Approval of Change Order No. 3 in the net amount of $9,600.00 is recommended. FUNDING SOURCE Tropical Storm Imelda Fund RECOMMENDATION Approval of resolution. BEAUMONT Facilities Maintenance CHANGE ORDER Project: City of Beaumont Change Order Number: 3 Contract to Repair the Interior of Fire Station No. 10 Located at 3855 Washington Blvd., Beaumont, Texas Date: June 24, 2020 City Bid No: TF1120-10 Contractor: Jack Built Contractors, LLC 5317 Old Hwy. 90 Orange, Texas 77630 The Contract is changed as follows: Item #1 The contractor has requested a change order to install electrical grounding throughout the facility. The change order is being requested as follows: 1. In order to meet the current electrical code for building grounding, the contractor must install ground wires to each electrical device throughout the building. The existing building was built in 1974 and the grounding requirements were not as stringent as todays current electrical code. At the request of the City of Beaumont Building Codes Division, the grounding must be upgraded to receive the Certificate of Occupancy at the close of the project. This work was not included as part of the original contract. Total Cost for Change Order 3: $9,600.00 The Original Contract Sum was $64,800.00 The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order therefore is The contract time will not be increased because of this Change Order. Jack Built Contractors L.L.C. City of Beaumont 5317 Old Hwy. 90 1848 Pine St. Orange, Texas 77630 $3,730.51 $68,530.51 $9,600.00 $78,130.51 Beaumont, Texas 77703 By (Signature) JackBuilt Residential & Commercial Construction 5317 Old Hwy 90 Orange, TX 77630 (409) 877-1630 FS 10 CO FS_10_CO DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 1. Electrical (Bid Item) - Bid from All 1.00 EA 0.00 8,000.00 - 0.00 1,600.00 91,600.00 Advanced Electrical for grounding (See attached Bid) Total: FS 10 CO 0.00 1,600.00 9,600.00 Line Item Totals: FS 10 CO 0.00 1,600.00 9,600.00 FS 10 CO 6/17/2020 Page:2 BEAUMONT Facilities Maintenance CHANGE ORDER Project: City of Beaumont Change Order Number: 1 Contract to Repair the Interior of Fire Station No. 10 Located at 3855 Washington Blvd., Beaumont, Texas Date: May 5, 2020 City Bid No: TF1120-10 Contractor: , Jack Built Contractors, LLC 5317 Old Hwy. 90 Orange, Texas 77630 The Contract is changed as follows: Item #1 The contractor has requested a change order to the original contract to extend the contract an additional forty-three (43) days. The time extension is being requested as follows: 1. Forty-three (43) days due to the City of Beaumont Fire Department needing the facility to quarantine personnel that were exposed to the Covid-19 virus while on duty. Total Number of Additional Days Requested: 43 days The Original Contract Sum was $64,800.00 The net change by previously authorized Change Orders $0.00 The Contract Sum prior to this Change Order was $64,800.00 The Contract Sum will be increased by this Change Order in the amount of $0.00 The new Contract Sum including this Change Order therefore is $64,800.00 The original contract time of seventy-five (75) days will be increased to one hundred eighteen (118). days because of this Change Order. Jack Built Contractors L.L.C. 5317 Old Hwy. 90 Orange. Texas 77630 City of Beaumont 1848 Pine St. Beaumont, Texas 77703 Q_ t �__ By (Signature) Thomas Ashworth, Project Planner City of Beaumont Texas 848 Pine Street, Beaumont TX May 1, 2020 Re: Change order request for Fire Station #10 Thomas, We are requesting to restart -the work on Monday, May 4, 2020 at Fire Station #10. Located at 3855 Washington Blvd., Beaumont, Texas. The work was suspended by the city on March 23, 2020. We are requesting an additional 43 days to complete this project. Thank you, Jarrod Anderson Project Manager Jackbuilt Contractors 409-225-6055 BEAUMONT Facilities Maintenance CHANGE ORDER Project: City of Beaumont Change Order Number: 2 Contract to Repair the Interior of Fire Station No. 10 Located at 3855 Washington Blvd., Beaumont, Texas Date: June 17, 2020 City Bid No: TF1120-10 Contractor: Jack Built Contractors, LLC 5317 Old Hwy. 90 Orange, Texas 77630 The Contract is changed as follows: Item #1 The contractor has requested a change order to install four (4) new exit/combo light signs, associated conduit, and wiring at fire exit doors in the facility. The change order is being requested as follows: 1. In order to meet the current fire safety code for identifying fire exits, the contractor must install four (4) exit/combo lights and associated conduit and wiring at.the designated exit doors in the building. The existing building was built in 1974 and the fire safety code requirements were not as stringent as todays current fire and life safety code. At the request of the City of Beaumont Building Codes Division and the Fire Marshal's office, the exit signs must be installed to receive the Certificate of Occupancy at the close of the project. This work was not included as part of the original contract. Total Cost for Change Order, 2: $3,730.51 a. JackBuilt Residential & Commercial Construction 5317 Old Hwy 90 Orange, TX 77630 (409) 877-1630 FS100O2 FS100O2 DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 1. Electrical (Bid Item) - Bid from All 1.00 EA 0.00 3,108.75 0.00 621.76 3,730.51 Advanced Electrical for exit lights (See attached Bid) Total: FS 10 CO 2 0.00 621.76 3,730.51 Line Item Totals: FS 10 CO 2 0.00 621.76 3,730.51 FS 10 CO 2 6/17/2020 Page:2 JackBuilt Residential & Commercial Construction 5317 Old Hwy 90 Orange, TX 77630 (409) 877-1630 Line Item Total Overhead Profit . Replacement Cost Value Net Claim Jarrod Anderson Summary 3,108.75 310.88 310.88 $3,730.51 $3,730.51 FS 10 CO 2 6/17/202.0 Page: 3 ORDER TAKEN BY SOLD TO PHONE N0. CUSTOMER ORDER 0 JOB LOCATION JOB PHONE STARTING DATE TERMS a� _�+. 'r. I't•"(►7y u' • ,.y[�: �t:i an: 1• ;.ti:i;: i' sr ..; -�• ^r ;-' -k ->�MATEliIAL.•` -:•u•.: :; _r;•;1.";•.;UNIT i•• ',.s�.i j_;: � _ N'a:'ri_ .L_ "3i' �:r —r{r -:, :I+`^-,• — re_�;:''a; '?AIUIOUNT'°,. I` -'�y:'ra' '..Stli;"-: =+'�?tra_,A'. - a.,...•.s -+� :,�:dr1�' -;_E••�='DE�CRIPTfUH�OFyIM1[ORii'r. ,;;.'- :t •,,.�.. ".a,:.t(•_ n-_-.:.t1Er _.,�.;.r=. • _ _c...�. :�.%?:i _ •e__ VIE '', r14 ';`IVIISCELLANEQIISaCFiARGES ,tr '{'; TOTALt i • ^ �l ; r+•r�-r.:—+a•+.: �,L� i Y7 � : f�} ii•In:J ;�.: 4•+ ;� ,LbRrUB' ,' r• "' ,•�HRS:; :t.'^.`.::•�+.� �',�:ii.�sf.-,.R',3;G_�:c�k�i9L.:Xa���[•'�c.�`�t_-:' .�-rTi;L.'ti _• •_ _. rtti;�•. ._ ".r' \:'� :R_aJG: :r•;?AMOIINi•;!r - l.- �'�xrr=�zae •rrrr:cr.•.aazss�•--- TOTAL MATERIALS _ _ �::+m�+a�+-rr.+»-asa.a:.ra.ca�a�se,crsrrm+� • sae:^ari. •naesnrya-.�aer�.sacssa-s.�. TOTAL LABOR .r.•aarrcu-.=.-mes— s.�_ _--:.--�. o � =z.A�J 'JlORK ORDERED TOTAL LABOR DATE ORDERED TOTAL MATERIALS ff// DATE COMPLETED � TOTAL MISCELLANEOUS CUSTOMER J APPROVAL SIGNATURE AUTHORIZED SIGNATURE • SUBTOTAL ._ TAX ' GRAND TOTAL J A-28 t 7-38'17 / 1-3866 1 u- t t RESOLUTION NO. WHEREAS, on January 14, 2020, the City Council of the City of Beaumont, Texas, passed Resolution No. 20-008 awarding a contract in the amount of $64;800.00 to Jackbuilt Contractors, LLC, of Orange, Texas, for Tropical Storm Imelda related repairs to the interior of Fire Station No. 10 located at 3855 Washington Boulevard; and, WHEREAS, on May 5, 2020, the City Manager executed Change Order No. 1, in the amount of $0.00, to increase the contract time by forty-three (43) days and to move the Substantial Completion Date to June 30, 2020, thereby having no effect on.the total contract amount of $64,800.00; and, WHEREAS, on June 17, 2020, the City Manager executed Change Order No. 2, in the amount of $3,730.51, to install four (4) exit/combo lights and associated conduit and wiring at the designated exit doors in the building, thereby increasing the contract amount to $68,530.51; and, WHEREAS, Change Order No. 3, in the amount of $9,600.00, is necessary for the installation of ground wiring to each electrical device throughout the building, thereby increasing the contract amount to $78,130.51; 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. 3 for additional work described above, thereby increasing the contract amount by $9,600.00.for a total contract amount of $78,130.51 for Tropical Storm Imelda related repairs to the interior of Fire Station No. 10 located at 3855 Washington Boulevard. 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 14th day of July, 2020. - Mayor Becky Ames - G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 14, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a hangar lease agreement with Casey Crenshaw for property located at the Beaumont Municipal Airport. BACKGROUND Casey Crenshaw has been leasing the North Hangar from the City since May of 2018 without a formal lease agreement in place. Prior to that time, the Tenant was leasing the hangar from the fixed -base operator (FBO) that was hired to manage the airport in accordance with the FBO contract. The City terminated the contract with the FBO in April of 2018 and began operating the airport through City staff, thus the lease payments of $4,800 per month became payable to the City. The proposed lease agreement provides for a month -to -month term commencing upon execution and signing of the lease. The Monthly rental payments would be in the amount of $3,800 and payable to the City as described in Section 3 of the lease. A study of state-wide hangar rates was used to help derive a fair rental rate for the 12,000 square foot hangar. All costs associated with the general maintenance of the hangar is the responsibility of the City as described in Section 4 of the lease; however, Tenant shall be responsible for repairing any damages to the Hangar caused by the Tenant. The lessee is required to provide the City with commercial general liability insurance coverage in the amount of $500,000 for bodily injury and $100,000 for property damage and require to indemnify and hold the City harmless for any cause arising from the use or occupancy of the leased area. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. Average Box Hangar Lease Rates in Texas BOX HANGAR SPACE - SPINKS 3,000 square fleet $ 960.00/month 3,600 square feet $1260.00/month 6;600 square feet $ 2100.00/month Averaged out to .33c sq/ft 4 .er month THE STATE OF TEXAS; IANGAR #6 / (�f�FfCl= SPAS COUNTY OF JEFFERSON } EASE AGREEMEN f 2. a$ �q. For and In consideration of rent and covenants here contained, Lessor agrees tolease, spat as fofto+ws: O.fianaar g" oontaining 6 8 square feet more less, of hangar space at a rate of annually Par soft`f$1ASS.Oofmonth $ 3.86ti.80tvear),and Aangar6-0ffice" mMg4 0s+tLwe: feet; more cr less, of bflis a space at a tat of S9.Q4 annaaiiv c . rs�t$360.Ootmonth_ 32U.00ty _.. and 'Hangar 6 - Storane containing 2,700 square feet, more )r less, of storage space at:a rate of annually c-+r saft- ($640 0Ofmgnth $6 N.Oo ar), for total i rate of 52, 6.001mot S 6&o.ObhrWI 3. Terms. This agreement shall become effective July 1. 2019, a: i shali be fora ten OO) period expldng 'on June 30, 0 9 'with the option of extending for an addition :1 ire (Sy year period; however, at the end of any lease period, Jefferson County reserves the right to reje : the exercise of any option if necessarytD take back any or ail 6f the property for the County's use, Averaged out to .24c sq/ft ;)er month 5002 Woodall - Airplane Hangar or Airport Harlingen, Texas This is a well -designed avionics building with a 150' , ide hongor door. Hangar space is 11V deep by 162' wide for States: Price: 17374' high Property Type: otal area of... Sub -Type: Spares., SpaceAvailable: Building Size: 307 N Frank Luke Dr - Airplane Hangar or A: port Son Antonio, Texas Former aircraft harmer for the United States Ai, Gorc- n the former Kelley Air Force Base. The buildM consists of two hof :r b ays comprising of... Status: Price: Property Type: Sub -Type: Spaces: Space Avoilable: Building Size: For Lease SO.41 /SF/Mo Specialty Flex I Space 12,000 - 24,427 SF 24.427 SF For Lease SO.38ISF/Mo Specialty Industrial I Space 4,5554 Sf 4,5554 SF Total average of comparable hangar leases are $0.34 SQ/FT per month Hangar 2 9600 Total SQ/FT X $0.34 SQ/FT = $3264.00 per month Office and Storage space 2400 Total Sq/FT X $0.22 SQ/FT = $528.00 per month Total per month = $ 3800.00 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute an Aircraft North Hangar Rental Agreement between the City of Beaumont and Casey Crenshaw, of Modern Industrial Services, for property located at the Beaumont Municipal Airport for a month -to -month term in the amount of $4,800.00 per month. The Rental Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of July, 2020. - Mayor Becky Ames - AIRCRAFT NORTH HANGAR RENTAL AGREEMENT CITY OF BEAUMONT BEAUMONT MUNICIPAL AIRPORT 455 KEITH ROAD BEAUMONT, TEXAS This HANGAR RENTAL AGREEMENT (this "Agreement") entered into as of this day of , 20 by and between the City of Beaumont (the "City") and Modern Industrial Services, Mr. Casey Crenshaw (the "Tenant"). In consideration of the mutual covenants contained here, and for other good and valuable consideration, the parties hereby agree as follows: 1. Rental of the Hangar: City hereby rents to Tenant, North Hangar, located at the Beaumont Municipal Airport, 455 Keith Road (the "Airport"), and described as follows: (see Exhibit "A"). The Hangar and office space shall be used and occupied by Tenant for the storage of the following described aircraft: Aircraft Type: Aircraft Type: Aircraft Type: Aircraft Type: Registration No. Registration No. Registration No. Registration No. Owner and Registration Number information will be verified. 2. Term: The term of this Agreement shall be month -to -month, commencing on the day of Tenant does hereby acknowledge and consent to the City's right to terminate this Agreement by giving thirty (30) days written notice if, in the sole judgment of the City, such termination is necessary or desirable for any reason consistent with the Airport Master Plan development and/or operational needs of the Airport. City reserves the right to terminate this agreement for violation of any portion of agreement, including but not limited to, non-payment and unauthorized use of hangar. EXHIBIT "A" 3. Rent and Deposit: Tenant agrees to pay City, as rent for the use and occupancy of the Hangar, the sum of Three Thousand Eight Hundred Dollars and No Cents ($3 800 00) per month Upon execution, Tenant must pay to the City the first month's rent and a sum equal to the monthly rental to be held as a Deposit. For the second month and for each monthly term thereafter, Tenant must pay the City, or its designee, the monthly rental each month payable in advance, on or before the first (1st) day of each month. If that date falls on a Saturday or Sunday, the monthly rental is due on the next business day. Each month's rent must be paid on or before the due date to: City of Beaumont Central Collections Division 801 Main, Suite 110 Beaumont, Texas 77701 If any monthly rental is not paid on or before the tenth (10`") day of each month, such payment shall bear interest at ten percent (10%) per annum. Tenant's right to possession and all of the City's obligations hereunder are expressly contingent on the prompt payment of rent. Failure to pay rent on the first day of each month may result in termination of the agreement. (See Item 6 of this Agreement.) Upon termination of this Lease, the deposit paid by Tenant will be applied to any unpaid rental, the cost to remove and store Tenant's aircraft or personal property, and the cost to remove and dispose of any trash or debris left on the Leased Premises by Tenant. The Tenant is liable to the City for any remaining rental due, storage costs, or cost of cleanup in excess of the amount of the deposit. Any monies from the deposit remaining will be returned to the Tenant after keys have been returned to the City and all lawful deducts are made by the City. 4. Premises and Services Provided: Tenant agrees to accept all facilities in an "as is" condition and the City is responsible and will pay the expenses of maintaining and repairing the structural components of the Hangar including doors and door mechanisms, and the Tenant shall be responsible for repairing damages to the Hangar caused by the Tenant, other than normal wear and tear. Requests 2 for repairs shall be forwarded to the City's current Airport Manager. Water and electric is provided. No trash service is provided. Internet and Wi-Fi service isthe responsibility of Tenant. 5. Use of Hangar: Hangar shall be used for the storage of Tenant's aircraft for private use. a) Tenant may not store any other items, goods, or equipment on the rented premises except those that are necessary for and used in the storage or routine pre-flight owner maintenance of aircraft. If Tenant uses the Hangar for "non -aviation" purposes, defined as "not having any airplane or aircraft stored in said Hangar for ten (10) days" and the City Manager or his/her agent ("Agent") reserves the right to terminate the Agreement upon thirty (30) days' notice to Tenant. b) No commercial activity (activity for profit) of any kind shall be conducted by Tenant, in, from or around the Hangar. c) In addition, Tennant agrees to grant the City as deemed necessary, the opportunity to utilize a small area of the hangar in case of emergency as directed by either the City or FAA for use as a maintenance area. If this option has to be used, Modern Group will be notified as soon as possible of the need and to arrange use of the space. d) Maintenance or repair of an aircraft in any hangar shall be performed by a licensed mechanic. Such maintenance shall not include any spark producing equipment however, such minor maintenance as would normally be performed by an aircraft owner without the benefit of an aircraft mechanic is permissible. e) Under no circumstances, will spray -painting of aircraft or any other property be allowed in Hangar. f) Tenant assures that he will not store gasoline and other aviation fuels in Hangar, other than that fuel stored in the fuel tanks of any operational aircraft. Tenant shall control the conduct and demeanor of its employees and invitees and those doing business with it, in 3 and around Hangar and shall take all necessary steps to remove persons whom the City, for good and sufficient cause, deem objectionable. g) Tenant shall always keep the Hangar clean and free of debris. h) Tenant may not keep an inoperable aircraft on the Leased Premises for more than sixty (60) consecutive days, unless undergoing repair for return to use. i) Tenant may not make alterations to the Leased Premises or place or permit the placement of any signs or similar devices on the Leased Premises. 6. Termination: (a) Either party may terminate this Lease at any time by giving 30 days written notice to the other parry, except as otherwise provided for in this lease. Upon termination of this Lease for any reason, the Tenant must immediately remove all personal property from the Leased Premises and must surrender the Leased Premises in substantially the same condition as existed at the beginning of the Lease, normal wear and tear excepted. If Tenant fails to give the thirty (30) days written notice, Tenant will be liable for all rent accrued through the end of the month at which time the City receives notice of agreement termination. (b) If the Tenant fails to pay all or part of the rental as required by this Lease and the failure continues twenty (20) days past the date the rental is due, the City may remove or alter Tenant's lock or place a new lock on the Leased Premises and deny Tenant the right of access thereto until Tenant has paid the rental due. The City will place a written notice on the front door of the Leased Premises stating the name, address, and telephone number of the person from which the new key may be obtained upon payment of the delinquent rent. If the failure to pay rent continues more than twenty (20) days past the date the rental is due, the City may immediately terminate this Lease by giving notice to Tenant. 4 (c) In the event of any default due to the non-payment of rent specified in this contract, the City may take possession of and sell all fixtures, chattels and personal property of.every kind and description now or hereafter to be placed, installed or stored by tenant on the Leased Premises; said sales may be made by any manner prescribed by law, with the City crediting the net proceeds upon any indebtedness due or damage sustained by Airport, without prejudice, to further claims to arise later under the terms of this Agreement. (d) Tenant shall comply with all laws, ordinances, and federal regulations and with any direction of any public officer pursuant to law, which shall impose any duty on the Tenant with respect to the aircraft or the occupation of the North Hangar. In addition, Tenant shall comply with all ' standards and policies of the City relating to the Beaumont Municipal Airport or operations on the airport premises. Tenant and guests must not knowingly allow any other person to use the Leased Premises in violation of any Federal, State, or County law or regulation or City ordinance. Failure to comply with all laws, ordinances, regulations, standards, and .policies may result in notice from the City and subsequent termination of the lease. (e) Tenant shall maintain a valid airworthiness certificate on the aircraft stored in the North Hangar in conformity with FAA regulation 91.203. Any Tenant whose annual inspection of said aircraft is three (3) months past due shall be deemed in breach of this rental agreement unless undergoing maintenance for return to use (which must be proven upon request). Upon such occurrence, this agreement shall automatically terminate. Tenant grants the City, or its designee, the authority to enter the North Hangar and remove the aircraft and all property belonging to the Tenant. 7. Sublease/Assignment: Tenant shall not assign this lease nor sublet the Leased Premises. In the event a Tenant sells the aircraft being stored in the Leased Premises, the Tenant shall notify the City within three (3) working days that the sale has occurred. The Tenant has sixty (60) days following the sale to provide the City with information regarding a replacement aircraft. Should the Tenant fail to provide information regarding a replacement aircraft, for any reason, the lease shall terminate and the City shall take possession of the Hangar. The vacated Hangar will be offered for lease to 5 individuals on the waiting list maintained by the City. 8. Right of Inspection: Tenant shall permit the City and the City's agents, representative or employees to enter into or on the Leased Premises 'at all times for the purpose of inspecting the Leased Premises. Tenant will be given forty-eight (48) hours written notice in advance of inspection date. Tenant may be present during inspection. The City reserves the right to enter North Hangar at any reasonable hour to make inspections, replacements, repairs and restorations. If, in the opinion of the City, an emergency exists requiring immediate action, the City may enter the North Hangar to carry out any -work or activities in connection with safety, protection or preservation of the North Hangar or aircraft stored within 9. Alterations: Tenant covenants and agrees not to install any fixtures or make any alterations, additions or improvements to the Hangar without the prior written approval of the City and such approval will not be unreasonably withheld. All fixtures installed or additions and improvements made to the Hangar shall upon completion of such additions and improvements, become the City's property and shall remain in the Hangar at the termination of this Agreement, however terminated, without compensation or payment to Tenant. 10. Insurance: Tenant agrees to maintain, at its own expense, for the benefit of itself and the City as an additional insured, liability insurance for property damage or personal injury or death arising as a result of Tenant's occupation of the Leased Premises: Amounts $250,000.00 For each person $500,000.00 For each single occurrence for bodily injury or death $100,000.00 For injury to or destruction of property for each single occurrence within the damage limits of Section 10 i .023(c) of the Texas Civil Practice and Remedies Code, with one or more insurance companies authorized to transact business in Texas and approved by the City. 6 This insurance shall be "occurrence" based. Prior to the commencement of this Agreement, Tenant shall deliver to the City certificates or binders evidencing the existence of the insurance required herein. Such policy or policies shall name both Tenant and the City as insured. The policy or policies shall provide that any loss or damages to buildings, structures or improvements shall be payable to the City of Beaumont. 11. Casualty: In the event the Hangar or the means of access thereto shall be damaged by any cause, the rent payable hereunder shall not abate, provided that the Hangar is not untenantable, as determined by the City's Building Official, and the rent shall abate for the period during which such repairs are being made, provided the damage was not caused by the acts of omission of Tenant, its employees, agents or invitees in which case the rent shall not abate. If the Hangar is rendered untenantable and the City elects not to repair the Hangar, this Agreement shall terminate. 12. Indemnity: Tenant agrees to indemnify and hold the City, its officers and employees, harmless from and against any and all claims, demands costs and expenses, including reasonable attorney's fees for the defense of such claims and demands arising from the conduct or management of the Tenant's activities on the Leased Premises or from any act of negligence of Tenant, its agents, contractors, licensees or invitees in or about the Leased Premises, whether such damage or injury arises from the acts of omission of Tenant, its agents, contractors, licensees or invitees solely or in conjunction with any other person, including the City. 13. Force Majeure: The City shall not be liable for its failure to perform this Agreement or any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by an Act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond the City's control. 14. Governing Law: This Agreement shall be construed in accordance with the laws of the State of Texas. Venue of any disputes shall be in a court of competent jurisdiction in Jefferson County, Texas. 15. Relationship of Parties: The relationship between the City and Tenant shall always and only be that of the City and Tenant. Tenant shall never, at any time during the term of this Agreement, become the agent of the City and the City shall not be responsible for the acts of omission of Tenant, its employees or agents. 16. Remedies Cumulative: The rights and remedies, with respect to any of the terms and conditions of this agreement, shall be cumulative and not exclusive, and shall be in addition to all other rights and remedies available to either party at law or in equity. 17. Notices: Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be sent by certified or registered mail, return receipt requested: a. If to the City, addressed to: Beaumont Municipal Airport Manager Finance Department P.O. Box 3827 Beaumont, TX 77704 b. If to Tenant, addressed to: Tenant: Address: City: State: Zip Code: Notices shall be deemed to have been received on the date of receipt, as shown on the return receipt. Each Tenant shall provide the following additional contact information: Home Phone: Cell Phone: Work Phone: Fax Phone: s E-mail Billing address, if different from above: City: State: ZIP: 18. Integration: This Agreement constitutes the entire Agreement between the parties, as of its effective date, and supersedes all prior independent agreements between the parties related to the leasing of the Hangar. Any change or modification hereof must be in writing, signed by both parties. 19. Waiver: The waiver by either party of any covenant or condition of this Agreement shall not thereafter preclude such party from demanding performance in accordance with the terms hereof. 20. Successors Bound: This Agreement shall be binding on and shall inure to the benefit of heirs, legal representatives, successors and assigns of the parties hereto. 21. Severability: If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Agreement, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written below. By: Date: Kyle Hayes, City Manager Vol f Tenant: Mr. Casey Crenshaw Printed Name Date: Signature 10 H BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Public Works Director & Technology Services MEETING DATE: July 14, 2020 REQUESTED ACTION: Council consider a resolution authorizing the transfer of ownership of a Drainage Easement to Jefferson County Drainage District No. 6 for drainage improvements on Northwest Parkway. BACKGROUND On March 31, 2015, Weston Trail Property, Ltd. sold a 4.062 acre tract of land to the City of Beaumont for drainage improvements on Northwest Parkway. As part of the project, Jefferson County Drainage District No. 6 would accept ownership of the ditch after the construction of Northwest Parkway. Since the 4.062 acre tract was acquired for drainage purposes, it is necessary for the City to convey the easement to the Jefferson County Drainage District No. 6. The Drainage Easement is described as a 4.062 acre tract of land situated in the W. B. Dyches Survey, Abstract No. 17. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the City of Beaumont, Texas has agreed to convey one (1) drainage easements, said easement being a 4.062 acre tract of land situated in the W.B. Dyches Survey, Abstract No. 17, Jefferson County, Texas, described and shown in Exhibit "1," attached hereto, to' Jefferson County Drainage District No. 6 following completion of construction of Northwest Parkway to facilitate drainage improvement for the Northwest Parkway; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and is in the best interest of the City of Beaumont and that same 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 Manage be and he is hereby authorized to execute one (1) drainage easement, said easement being a 4.062 acre tract of land situated in the W.B. Dyches Survey, Abstract No. 17, Jefferson County, Texas, described and shown in Exhibit "1," attached hereto, to Jefferson County Drainage District No. 6 for drainage improvement purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of July, 2020. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X THAT, the CITY OF BEAUMONT, a municipal corporation domiciled in the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of TEN AND N0/100 ($10.00) DOLLARS and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the JEFFERSON COUNTY DRAINAGE DISTRICT NO.6, hereinafter called GRANTEE, of the County of Jefferson, State of Texas, whose address is P. O. Box 20078, Beaumont, Texas 77720, its successors and assigns, Drainage Easement and the right to construct, alter, and maintain drainage improvements and appurtenances on the hereinafter described lands which said easements are under, over, in and across that certain tracts or parcels of land owned by GRANTORS situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A" attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and removing drainage structures, canals, ditches and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the EXHIBIT "1" purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. TO HAVE AND TO HOLD the above described easements and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of CITY OF BEAUMONT Kyle Hayes, City Manager {1NTF1\]TIIONAI,Y LEFT BLANK} 52020. ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this day of , 2020, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said City of Beaumont. . Notary Public, State of Texas RETURN TO: CITY OF BEAUMONT Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 ARCENEAUX WILSON & COLE LLC Engineering • Surveying • Planning PROPERTY DESCRIPTION OF DRAINAGE EASEMENT METES AND BOUNDS DESCRIPTION OF 4.062 ACRES OF LAND SITUATED IN AND A PART OF THE W. B. DYCHES SURVEY, ABSTRACT NO. 17 JEFFERSON COUNTY, TEXAS Being a 4.062 acres tract or parcel of land, a portion of that certain tract of land (called "85.710 acres") described in that certain instrument to, Brian Brett Martin, recorded in Clerk's File No. 2012017083, Jefferson County, Texas as situated in and a part of the W. B. Dyches Survey, Abstract No. 17, of said County and being more particularly described by metes and bounds as follows; FOR LOCATIVE PURPOSES COMMENCING at a concrete monument marked "G.S.U." found marking the Northeast corner of that certain tract of land (called "0.703 acre") described in that certain instrument to Gulf States Utilities Company, recorded in Volume 1651, Page 451 of the Deed Records of said County, and being a point in the West line of Old Dowlen Road, a publicly dedicated Right -of -Way, and having a State Plane Coordinate of N 13,988,498.11 and E 3,495,321.053; THENCE North 03 deg. 02 min. 33 sec. West, along and with the East line of said 85,710 acres tract of land and the West line of said Old Dowlen Road, a total distance of 380.00 feet to a 1/2" steel rod with cap marked "AWC LLC" set for the southeast corner and the POINT OF BEGINNING of the herein described tract of land, and having a State Plane Coordinate of N 13,988,877.57 and E 3,495,300.884; THENCE South 86 deg. 57 min. 51 sec. West, over and across said 85.710 acres tract of land, a total distance of 1473.33 feet to a 1/2" steel rod with cap marked "AWC LLC" set in the West line of said 85.710 acres tract of land and in the East line of that certain tract of land (called "Tract 2-C" and containing 7.57 acres) described in that certain instrument to Jefferson County Drainage District No. 6, recorded in County Clerk's Film File Code 104-01-0353 of the Official Public Records of said County for the Southwest corner of the herein described tract of land; THENCE North 04 deg. 03 min. 16 sec. West, along and with theWest line of said 85.710 acres tract of land and the East line of said 7.57 acres tract of land a distance of 120.02 feet to a 1/2" steel rod with cap marked "AWC LLC" set for the Northwest corner of the herein described tract of land; THENCE North 86 deg. 57 min. 51 sec. East, , over and across said 85.710 acres tract of land, a total distance of 1475.45 feet to a 1/2" steel rod with cap marked "AWC LLC" set in the East (409) 724-7888 • 2901 Turtle Creek Drive • Suite 320 • Port Arthur, Texas 77642 www.awceng.com ine of said 85.710 acres tract and hereinbefore said West line of Old Dowlen Road for the Northeast corner of the herein described tract of land; THENCE South 03 deg. 02 min. 33 sec. East, along and with the said East line of the 85.710 acres tract of land and West line of Old Dowlen Road a distance of 120.00 feet returning back to the POINT OF BEGINNING of the herein described tract of land and containing 4.062 acres of land, more .or less. See Accompanying Plat. Surveyed: - January, 2015 E es Verrett, R.P.L.S. #1781 Notes: Bearings, distances and coordinates referenced to the Texas State Plane Coordinate System, South Central Zone (4204), NAD, 83 Job No. LS 15-004 PAGE 2 I. 0 200 400 AMOCO PRODUCTS CO. TO NORTHWEST BEAUMONT DEVELOPMENT, LTD 294.8436 AC. 01/02/2002 #200200092 000127923 OCA PRODUCTS CO. TO D.D.#6 TRACT 2-C 7.57Ac. 11/05/2001 9141104. F.F. 104-01-0353 PAULA RENE MARTIN TO BRIAN BRETT MARTIN 85.710 AC. 05/22/2012 #2012017083 N 13988919.26 E 3493821.133 N 13988799.55 E 3493829.619 LEGEND FOUND CORNER • SET 1/2" STEEL ROD W/CAP MARKED ARCENEAUX & GATES POC POINT OF COMMENCING POB POINT OF BEGINNING DATE OF SURVEY: JANUARY 2015 L3 4.062 ACRES L1 20' UTILITY EASEMEN TO CITY OF BEAUMONT VOL 2396, PG. 41 N 13988997.41 E 3495294.515 POB N 13988877.57 E 3495300.884 G.S.U. 0.703 AC. 09/10/1970 VOL. 1651, PG. 451 A J 0 C' n M 0 PARCEL PLAT Arceneaux wtlscn a cola=------- DRAINAGE EASEMENT AW Engineering Surveying planning NORTHWEST PARKWAY 2901 Turtle Creek Drive Suite 320• Port Arthur, TX 77642 BEAUMONT, JEFFERSON COUNTY, TX Office: 409-724-7888• Fax:409-724-1447• www.awceng.com TEXAS REGISTERED ENGINEERING FIRM F-16194 DATE: JANUARY 2015 SCALE: SHOWN TEXAS LICENSED SURVEYING FIRM 10194049 PROJ. No.: LS15-004 DESIGN: APSHVINVESTMENT. TO VR PRESERVE LIMITED 15.00 AC. 02/16/2011 CF# 2011005829 OPRJC POC N 13988498.11 E 3495321.053 RESIDUE OF IAMOCO PRODUCTS CO TO LATEX INVESTORS, LP 46.70 AC. 11/21/2001 #2001041210 �I 000140628 0 z WALMART REPEAT o 26.774 AC. 11/21/2001 VOL. 15, PG. 277 9440813 DRAWN: BJB CHECKED: EJV PAGE 3 OF 4 Parcel Line Table Line # Length Direction L1 1473.33' S86' 57' 51 "W L2 120.02' N04' 03' 16"W L3 1475.45' N86' 57' 51 "E L4 120.00' S03' 02' 33"E NOTES: COORDINATES, BEARINGS AND DISTANCES REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE (4204), NAD 83. GRID SCALE: 0.999958339 I, E. JAMES VERRETT, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1781 IN THE STATE OF TEXAS, DO HEREBY CERTIFY THAT THE ABOVE PLAT CORRECTLY REFLECTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE LIMITS, BOUNDARIES AND CORNERS ARE TRULY SHOWN JUST AS FOUND AT THE TIME OF THIS SURVEY. THIS PLAT IS BEING SUBMITTED ALONG WITH METES AND BOUNDS DESCRIPTION OF EVEN DATE BASED ON THIS SURVEY. GIVEN UNDER MY HAND SEAL THIS THE e:6;AY OF 2015. J RRErf, PLS NO. 1781 nrceneaux wiison is c:oie-- - - - - -- AWC Engineering Surveying Planning 2901 Turtle Creek Drive Suite 320• Port Arthur, TX 77642 Office: 409-724-7888• Fax:409-724-1447• www.awceng.com PARCEL PLAT DRAINAGE EASEMENT NORTHWEST PARKWAY BEAUMONT, JEFFERSON COUNTY, TX TEXAS REGISTERED ENGINEERING FIRM F-16194 DATE: JANUARY 2015 SCALE: SHOWN TEXAS LICENSED SURVEYING FIRM 10194049 1 PROJ. No.: LS15-004 DESIGN: DRAWN: BJB CHECKED: EJV PAGE 4 OF 4 1 BEAUMONT a E X A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: July 14, 2020 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND Cardinal RV Parks, LLC has agreed to convey a 7,753.68 square foot ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.178 acre tract of land situated in the J.W. Bullock Survey, Abstract No. 7, City of Beaumont, Jefferson County, Texas. The easement is for the construction of a new RV park located at 2575 West Cardinal Drive. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. J RESOLUTION NO. WHEREAS, Cardinal RV Parks, LLC has agreed to convey one (1) seven thousand, seven ' hundred fifty-three and sixty-eight hundredths (7,753.68) square foot, ten foot (10') wide exclusive water line easement, said easement being a 0.178 acre tract of land situated in the J.W. Bullock Survey, Abstract No. 7, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit 1," attached hereto, to the City of Beaumont to facilitate the construction of a new recreational vehicle park located at 2575 West Cardinal Drive; and, WHEREAS, the City Council has considered the purpose of said conveyance and . is of the opinion that the acceptance of said conveyance is necessary and desirable and is in the best interest of the City of Beaumont and that same 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 one . (1) seven thousand, seven hundred fifty-three and sixty-eight hundredths (7,753.68) square foot, ten foot (10') wide exclusive water line easement, said easement being a 0.178 acre tract of land situated in the J.W. Bullock Survey, Abstract No. 7,-City of Beaumont, Jefferson County, Texas as described and shown in Exhibit 1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of July, 2020. - Mayor Becky Ames - STATE OF TEXAS COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, CARDINAL RV PARKS, LLC, a Texas limited liability company, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEALMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line Easement and the exclusive right to construct, alter, and maintain said waterlines and appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A & B", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and appurtenances, and the following rights are also hereby conveyed collectively, the "Easement Rights". It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate EXHIBIT 1" the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. GRANTEE shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of )2020. GRANTOR: CARDINAL RV PARKS, LLC Printed Name: John M. Reynold Title: Managing Member am Printed Name: Robert Corbello Title: Managing Member pffNTENTIONALLY LEFT BLANK) ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the day of 2020, by John M. Reynold, Managing Member of Cardinal RV Parks, LLC, a Texas limited liability company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2020. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the I day of , 2020, by Robert Corbello, Managing Member of Cardinal RV Parks, LLC, a Texas limited liability company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2020. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 JV"/ Commercial • Residential • Industrial cress ,Surveyors, 1LC Firm No. 10136400 EXHIBIT "A" June 26, 2020 FIELD NOTE DESCRIPTION 0.178 Acre of Land 2575 West Cardinal Drive, Beaumont, Texas 13EING a 0.178 acre tract of land for a 10-foot wide exclusive waterline easement lying in the J.W. Bullock Survey, Abstract No. 7 and being located in Lot 1, Cardinal RV Parks, plat of record in County Clerk's File No. 2020004113, Official Public Records, Jefferson County, Texas, said 0.178 acre being more particularly described by metes and bounds as follows: Note: All bearings are grid, based on the Texas Coordinate System of 1983 (NAD83), South Central Zone with a scale factor of 0.99993815 and a convergence angle at the POB of 02°23'43". All distances and areas are based on surface measurement. BEGINNING at capped iron rod stamped "Wortech" found marking the South right of way. line of U.S. Highway 69, 96, & 287 (a.k.a. West Cardinal Drive) (300' right of way), the Northwest corner of Lot 1, Block 1, Cardinal Square, plat of record in Volume 14, Page 117, Map Records, Jefferson County, Texas, the Northeast corner of said Lot 1, Cardinal RV Parks, and being the Northeast corner of the herein described tract, said iron rod having Texas State Plane Coordinate Values ofN: 13,956,986.46, E: 3,515,158.96; THENCE S 03005'10" E with the West line of said Lot 1, Block 1, Cardinal Square, an East line of said Lot 1, Cardinal RV Parks, and an East line of the herein described tract a distance of 419.13 feet to a capped iron rod stamped " Fitz & Shipman" found marking the Southwest corner of said Lot 1, Block 1, Cardinal Square, an interior angle point of said Lot 1, Cardinal RV Parks, and being an interior angle point of the herein described tract; THENCE N 860411..56" E with the South line of said Lot 1, Block 1, Cardinal Square, a West - East line of said Lot 1, Cardinal RV Parks, and a West -East line of the herein described tract a distance of 230.05 feet to a 1/2" iron rod found marking the West right of way line of Bragg Circle (60 foot right of way), the Southeast corner of said Lot 1, Block 1, Cardinal Square, an exterior angle point of said Lot 1, Cardinal RV Parks, and being an exterior angle point of the herein described tract, said iron rod marking the beginning of a curve to the left; THENCE along said curve to the left, having a Radius of 50.00 feet, an Are Length of 14.12 feet, and a Chord which bears S 41°25158" W a distance of 14.08 feet to a point for corner; THENCE over and across said Lot 1, Cardinal RV Parks the following courses and distances to points for corner; S 86141'56" W a distance of 206.04 feet; Page 1 of 2 11025 Old Voth Road, Beaumont, Texas 77713 Office: (409) 838-6322 Fax: (409) 838-6122 Email: rpls5163@aol.com Web: www.access-survgyors.com File: 2020501 FND.Docx ";s J cress Surveyors, LLC S 36122131" W a distance of 78.34 feet; N 48159124" W a distance of 10.32 feet; N 37104'53" E a distance of 69.69 feet; S 86141156" W a distance of 11.89 feet;. N 03105'10" W a distance of 319.23 feet; S 86154150" W a distance of 45.81 feet; N 02159'37" W a distance of 10.00 feet; N 86154150" E a distance of 45.80 feet; Commercial • Residential - Industrial Firm No. 10136400 N 03°05'10" W a distance of 103.33 feet to a point lying in the South right of way line of said U.S. Highway 69, 96, & 287, the North line of said Lot 1, Cardinal RV Parks, and being the Northwest corner of the herein described tract, from which a capped iron rod stamped "Locke" found marking the Northwest corner of said Lot-1, Cardinal RV Parks bears N 74°20'22" W a distance of 128.25 ; THENCE S 74020122" E with the South right of way line of said S. Highway 69, 96, & 287, the North line of said Lot 1, Cardinal RV Parks, and the North line of the herein described tract a distance of 10.56 feet to the POINT AND PLACE OF BEGINNING, containing in area, 0.178 acre of land, more or less. A plat of even date, shown as "Exhibit B", accompanies this field note description. Page 2 of 2 11025 Old Voth Road, Beaumont, Texas 77713 Office: (409) 838-6322 Fax: (409) 838-6122 Email: rpls5163@aol.com Web: www.access-survgyors.com File: 2020501 FND.Doex E,) II IT 11B 11 Easement Plat PREPARED EXCLUMELY FOR: Cardinal RV Parks, LLC Found Capped —Rod "Locke" S 74'20'22" E y¢202?. 10.56' `28,?S'� 3 0 0 N 86'54'50" E 45.80' Z V 02'5937" W 10.00' S 86'54'50" W 45.81' Lot 1 Cardinal RV Parks CF No. 2020004113, OPRJCT (Current Owners Robert Corbello & Associates I Limited Partnership CF No. 2010024610, OPRJCT) P.O.B. Found Capped Rod "Wortech" N: 13,956,986.46 E: 3,515,158.96 `j r (4. (300, w �i�'jiyVCzy 6rdt'iQI.I� " 9, 96 nx e) Curve Data ' ` 287 INo.1 Radius jArc Length Chord Bearing Chord Distance C1 1 50.00' 1 14.12' IS 41'25'58" W1 14.08' Cardinal Square Lot 1, Block 1 ' Vol. 14, Pg. 117 M.R.J.C.T. of :f w a ti to o SCALE: 1 " = 60' U o ly 0.178 Acre 10' Wide Exclusive Waterline Easement Found Found 112" Rod Capped Rod "Fitz & Shipman" [!�— N 86'41'56" E 230.05' I S 86'41'56" W 206.04' CI S 86'41'56" W 11.89' N 37'04'53" E 69.69' S 362231 " W 78.34' Survevor's Notes: 1. This survey was completed without the benefit of a title commitment, and not all 48'59 24" W easements or servitudes, whether of N N 48* record or not, were researched at the time of this survey or shown hereon. 2. A field note description of even date, EXCLUSIVE WATERLME EASEMENT pl t n as Exhibit A", accompanies this OUT OF LOT 1, CARDINAL RV PARKS 3. All bearings are grid, based on the Texas File No. 2020004113 OPRJCT Coordinate System of 1983 (NAD83), Clerk's (OPRJCT) South Central Zone with a scale factor of Address: 2575 West Cardinal Drive, Beaumont, Texas, 77705 0.99993815 and a convergence angle at Plat Dated: June 26, 2020 the POB of 02'2343". All distances and areas are based on surface measurement. FS .��'G1STfRcP ACEF)?z urveyorsi LW ................................. SCOTT N BRACKIN Commercial - Ind=1rfal-12esidenfial 665 ; ' A 6650 .. 11025 Old Voth Road - Beaumont Texas 77713 <r'y oFFss�Q?yOQ Telephone (409) 838-6322 Facsimile 838-6122 SURV� www.access-surveyors.com § rpis5163®aol.com Re: 2020501—WLFASNr F1= No. 10136400 Technician: Bos Scott N. Br skin Registered Professional Land Surveyor No. 6650 J BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: July 14, 2020 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a five foot (5') x one hundred foot (100') wide sidewalk easement. ►_ aal K Entergy, Texas, Inc. has agreed to convey a five foot (5') wide sidewalk easement across the property located at the corner of Washington Blvd and Iola Street. The easement is described as being 5' feet by 100' feet out of Lots land 2, Block 1 of Carver Terrace Addition. The easement is for the construction of a continuous sidewalk for the Washington Blvd Phase 2 Street Improvement Project. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. *Entergy April 28, 2020 Ms. Antoinette Hardy Via Electronic Mail: Mr. David Tingle Mr. Bart B artkowiak City of Beaumont 801 Main Street, Second Floor Beaumont, Texas 77701 EntergyTexas, Inc. 1050 Interstate 10 North Beaumont, TX 77702 Antoinette. H ardy(o), B eaumontTexas. gov David.Tingle(a,beaumonttexas. gov B art.B artkowiakna,beaumonttexas. gov RE: Entergy Texas, Inc. Grant of Sidewalk Easement, Washington Boulevard, Beaumont, Texas Dear Ms. Hardy, Mr. Tingle and, Mr. Bartkowiak: Entergy Texas, Inc. C ETI") appreciates the time you have taken with our representatives to discuss the possibility of installing a sidewalk in the vicinity of ETI's Lincoln Substation located on Washington Boulevard. As requested and subject to the negotiation of a mutually agreeable easement, ETI is willing to grant a five-foot wide easement and right of way adjacent to the Washington Boulevard road right of way along Washington Boulevard. The easement shall be granted in consideration of the amount of $1.00 and shall not require the relocation of any ETI existing facilities, whether those are associated with ETI's substation or the existing transmission and/or distribution facilities in the vicinity of the proposed sidewalk easement. As further consideration for such grant, ETI understands that the City will allow ETI to continue accessing its Lincoln Substation from Washington Boulevard without the necessity of filing a permit for such. To allow such continued access, the City has agreed to construct at the City's sole cost and expense the driveway approach extending to the sidewalk off of Washington Boulevard at the location of the existing ETI access gate into Lincoln Substation. The driveway approach will match the width of the gate at the right of way line and widen out toward Washington Boulevard as depicted in the attached sketch as provided by Mr. Tingle. Further, the driveway approach and the adjacent sidewalk area shall be constructed to allow ingress and egress by ETI vehicles or equipment with a weight of up to 31,300 pounds. If this letter reflects the understanding of the City, please sign below and return to James Burks' attention at hburks(a),entergV.com. Sincerely, Todd Gallagher Senior Manager, Grid Entergy Texas, Inc. Agreed and accepted this day of 2020. THE CITY OF BEAUMONT, TEXAS Signature Printed Name Title 2 RESOLUTION NO. WHEREAS, Entergy Texas, Inc. has agreed to convey one (1) five foot (5') wide sidewalk easement, said easement being 5' x 100' out of Lots 1 and 2, Block 1 of Carver Terrace Addition, Beaumont, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the City of Beaumont for the construction of a continuous sidewalk for the Washington Boulevard Phase 2 Street Improvement Project allowing existing ingress and egress to its Lincoln Substation; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and is in the best interest of the City of Beaumont and that same 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 one (1) five foot (5') wide sidewalk easement conveyed by Entergy Texas, Inc., being 5' x 100' out of Lots 1 and 2, Block 1 of Carver Terrace Addition, Beaumont, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of July, 2020. - Mayor Becky Ames - STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § SIDEWALK EASEMENT THAT ENTERGY TEXAS, INC., hereinafter called "GRANTOR", for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE" or the "CITY", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED and CONVEYED, and by these presents does GRANT and CONVEY unto the said CITY OF BEAUMONT, its successors and assigns a right, privilege, and easement for sidewalk purposes in, over and across that certain tract of land owned by GRANTOR in the CITY OF BEAUMONT, Jefferson County, Texas, said easement described in Exhibit "A" attached hereto and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of constructing, reconstructing, and maintaining sidewalks, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City shall have the right of ingress to and egress from the above described tract of land of the GRANTOR as well as beneath and below the surface of the above described easement for the aforesaid purposes of this easement as long as such ingress and egress does not impact, interfere with or affect the operations and use of the Grantor's property by Grantor or its successors or assigns. The City hereby agrees that upon any exercise of its rights hereunder, that it shall repair any damage caused by the City and restore Grantor's property to the same condition as before . City's work, including the relocation of any subsurface improvements such as sprinkler lines. The EXHIBIT "1" EXECUTED this day of UU/iC - .12020. GRANTOR: ENTERG11TEXAS NC. By: d�� Print Name: AiJUS � 5l� woo Title: ACKNOWLEDGMENT STATE OF TEXAS JEFFERSON COUNTY This instrument wa5 ack��n,ojp'�'ledged before me on this o� day ofj(.4 , 2020, by Ei22A S ..��(V1149A of ENTERGY TEXAS, INC., whose name is subscribed to the foregoing instrument and who is personally known to me, and acknowledged to me that the same was the act of the said ENTERGY TEXAS, INC., and that he executed the same for the purposes and consideration therein expressed and in the capacity stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of gUnt — , 2020. LESLIE MADDOX Notary Public, State of Texas 9:+e Comm. Expires 06-25-2021 No)arY Public, Stat of Texa Notary ID 126942601 GRANTEE: CITY OF BEAUMONT By: . Print Name: Title:. ACKNOWLEDGMENT STATE OF TEXAS § JEFFERSON COUNTY § . This instrument was acknowledged before me on this day of , 2020, by of THE CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, whose name is subscribed to the foregoing instrument and who is personally known to me, and acknowledged to me that the same was the act of the said CITY OF BEAUMONT, and that he executed the same for the purposes and consideration therein expressed and in the capacity stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2020. Notary Public, State. of Texas RETURN TO: City of Beaumont Antoinette Hardy P.O. Box 3827 Beaumont, TX 77704 4 5 FOOT WIDTH X 100 FOOT r LENGTH SIDEWALK EASEMENT J WITH THE WIDTH 71, WASHIYdTON BL EXTENDING SOUTH FROM THE O MOST NORTHERN PROPERTY ` LINE 4 1 S ��` e� .yy,+r �iP••ai9.......,� air .� *+'�� PROPERTY ID OFprR.ID;'' 19014 a 19014+ LOT 2 i - BLOCK 1 F CARVER y- ' ' TERRACE CE 440011, PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION BEAUMONT TEXAS WASHINGTON BLVD SIDEWALK EASEMENT SKETCH KU=-A DATE: l0 29 2019 BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: July 14, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary for the exchange of city -owned property for two (2) Water Line Easements.' BACKGROUND On June 28, 1948, City Council passed Ordinance No. 52-S to sell property to Zummo Meat Company known as City Abattoir being a 10 acre tract out of the J. W. Bullock, Survey along with Lots 16 and 17, Block 5 and Lot 18 in Block 6, West Oakland Addition in the amount of $78,000. While surveying the properties for water line easements, it was determined that Lot 17, Block 6, West Oakland Addition was not included in Ordinance No. 52-S conveying the City Abbattoir. Research indicates that Lot 17 was inadvertently left out of the conveyance. In order to correct the error, the City will convey a Special Warranty Deed to Zummo Meat Company for Lot 17, Block 6, West Oakland Addition in exchange for two (2) Water Line Easements described as being a 1400.51 square feet water line easement out of and part of Lot 15, Block 6, West Oakland Addition and a 1400.96 square feet water line easement out of and part of Lot 18, Block 6, West Oakland Addition both situated in the J.W. Bullock Survey, Abstract No. 7, Beaumont, Jefferson County, Texas. FUNDING SOURCE Unknown. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on June 28, 1948, the City Council of the City of Beaumont, Texas passed Resolution No. 52-S authorizing the sale of city -owned property to Frank J. Zummo d/b/a Zummo Meat Company, known as City Abattoir, being a 10 acre tract out of the J. W. Bullock, Survey along with Lots 16 and 17, Block 5 and Lot 18 in Block 6, West Oakland Addition in the amount of $78,000.00; and, WHEREAS, while surveying the properties for water line easements, it was determined that Lot 17, Block 6, West Oakland Addition was not included in Ordinance No. 52-S.conveying the City Abbattoir; and WHEREAS, in order to correct the error, the City will convey a Special Warranty Deed to Zummo Meat Company for Lot 17, Block 6, West Oakland Addition in exchange for two (2) Water Line Easements, being a 1400.51 square.feet water line easement out of and part of Lot 15, Block 6, West Oakland Addition and a 1400.96 square feet water line easement out of and part of Lot 18, Block 6, West Oakland Addition both situated in the J.W. Bullock Survey, Abstract No. 7, Beaumont, Jefferson County, Texas; and, 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 all documents necessary, specifically a Special Warranty Deed, for the exchange of city -owned property, being a 10 acre tract out of the J. W. Bullock, Survey along with Lots 16 and 17, Block 5 and Lot 18 in Block 6, West Oakland Addition, Beaumont, Jefferson County, Texas for two (2) water line easements, being Lot 17, Block 6, West Oakland Addition, being a 1400.51 square feet water line easement out of and part of Lot 15, Block 6, West Oakland Addition and a 1400.96 square feet water line easement out of and part of Lot 18, Block 6, West Oakland Addition both situated in the J.W. Bullock Survey, Abstract No. 7, Beaumont, Jefferson County, Texas. The Special Warranty Deed is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of July, 2020. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: CK�1�LI11►'��]_�1�� • mil E 1j&MV-4- to-AWIM±/II]M� 1 That, CITY OF BEAUMONT , a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called GRANTOR for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration, to it in hand paid by the ZUMMO MEAT COMPANY, INC., Jefferson County, Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents does GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P.' O. Box 3827, Beaumont, Texas 77704, and to its successors and assigns forever the property described in Exhibit "A", attached hereto and made a part hereof for all purposes. GRANTOR does hereby except and reserve from this conveyance unto herself, her successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging, unto the said EXHIBIT "A" GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of , 2020. CITY OF BEAUMONT IM Kyle Hayes, City Manager {INTENTIONALLY LEFT BLANK; STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this the day of , 2020 by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, domiciled in Jefferson County, Texas. Notary Public, State of Texas RETURN TO: ZUMMO MEAT COMPANY 3705 St. James Blvd Beaumont, Texas 77705 h14IE:: 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TIRE 2.THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE NOTE: REQUIRED AND PROMULGATED BY THE TEAS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE THIS SURVEY WAS PERFORMED TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR IMPLIED. WITHOUT BENEFIT OF CURRENT TITLE COMMITMENT. 3. ALL SET 5/8' IRON RODS SET WITH A CAP STAMPED 'M.W. WHITELEY & ASSOCIATES'. BOUNDARY AND IMPROVEMENT V N SURVEY ONLY, EASEMENTS, IF ANY, NOT RESEARCHED OR SHOWN, WITH THE EXCEPTION OF THOSE PLATTED. 6 �Ot 1 NO ,5 SET 5/8' .. .. .. a :;-•; .. ,- 8Ef b% `,...., ((CA11. 50.d0' FRO 1/STAMPED I. ROD•FNf1+N89:57+52'E0.00' 'SOI71D(' FND, N89'5].527 78:99� t (TALL D:00 + ; a;•: t ': ' ' :• le; BLK 6 ,, •:RpC. '_ 711�!!d� 'CONC OMPAN'!, 1B' CF NDiOFRJG 29807 •^ • • 15.12 45.2' ® E]EG 1 , 9 t. vat LEGEND Q T c LU G > O P TaEPHONE POLE 6 worn wavE I ry FM OR Op WNt U) O O p� -2 rl `o ^� N �• {y/ y C q I m ^ GUAM POST O O`L ` d //C a] ' MZ v O 1"' / O I N D[ —v—a,'Elae'AD FIECIPoC LLLy ^NU Z Q e U) O �� Dm21 TOP 0 m' Q ORML TRWr LR E Uaiq Z Q Z I m ROG1: LL LL 17,-= ASPR4T -LOT 17 15.09. - Zia/ •BLOM& -- -_ /• ' CITY OF BEAUMONT •. _ �.-' VOL. 296, K. 159 ': ; = .'' . FND 1/2' I. ROD FND. • DRJO 'R .SETS%d . ,' / W OAP STAMPED NAIL L RbD.Y' • ` 'SOUTEX' FND N90"0 ' 774.0'...-1, Fr+D. aaq'00'W,501 •1 .. FND N(90'bO'00�'J I }7J 6 REFER E•BLi1f(INGASSUM(D Iti•• .' ST. JAM.ta BOULEVARD i I W ROW) TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I, THOMAS S. ROWE DO HERBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. DATE SURVEYED: FEBRUARY 18. 2020_ - THOMAS S. -� 9 w672B THOMAS S. ROWE - REGISTERED PROFESSIONAL LAND SURVEY :LA2 L � 8URN' niARli W. FTffiTELEY P. 0. BOX 5482 AND ASSOCIATES BF.AUMONT, TEXAS 17728-5492 INCORPORATED 409-592-D421 CONSULTING ENGDI ERS, 0 3250 EASfEX FM. SURVEYORS, AND PLANNERS BEAUMONT, TEXAS 77703 TJ1.PJ•S. I= NO. 10106MO (FAX) 409-892-1346 W:\2020\20-105\20-105LOT 17.DWG KLK SAINT JAMES BOULEVARD BEAUMONT. TEXAS 77705 Lot Number Seventeen (17), in Block Number Slx (6). of WEST OAKLAND ADDITION, a subdivision in the City of Beaumont, Jefferson County, Texas according to the map or plat thereof recorded in/under Volume '2, Page 15Z Mop Records of Jefferson County, Texas. Owner. City of Beaumont Census: 22.DO In accordance with the Flood Hazard Boundary Map, Department of Housing and Urban Development. Community No.: 485457 Panel No.:OD40 D Date of FlRM: 8-6-02 r This property lies In Zone 'X' (white). F Location on map determined by scale on map. Actual field elevation not determined. - Mark W. Whiteley and Associates does not u warrant nor subscribe to the accuracy or C scale of said maps. 7 C Zone 'X' (white) are areas determined to be outside 500—year flood plain. 0 2aao M.* I4 Waldo t Aoocah hc. � Ode docuTNot u m hhunnx d pdmkrd aT.iae, h fha pmpxb• r MarA It Ww.Irj h M.Cmm F,c wd fa mt to bM . L+ mp4d w d.frbW.Q h .hd. 1, a purl WUh A the lko wl8arti o! STATE OF TEXAS COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT,-ZUMMO MEAT COMPANY, INC, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND N0/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line Easement and the exclusive right to construct, alter, and maintain said waterlines and appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A & B", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and appurtenances, and the following rights are also hereby conveyed collectively, the "Easement Rights". It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. GRANTEE shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 2020. GRANTOR: ZUMMO MEAT COMPANY, INC. By: Frank Zummo, Manager ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared Frank Zummo, Manager of Zummo Meat Company, Inc., known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2020. Notary Public, State of Texas RETURN TO:. City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 EASEMENT I Legal Description: 1400.51 Square Feet Water Line Easement Out of and Part of Lot 15, Block 6 West Oakland Addition Volume 2, Page 152, Map Records J. W. Bullock Survey, Abstract No. 7 Beaumont, Jefferson County, Texas BEING a 1400.51 square feet water line easement (10 feet wide) situated in the J.W. Bullock Survey, Abstract No. 7, Jefferson County, Texas and being out of and part of Lot 15, Block 6 of West Oakland Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 2, Page 152, Map Records, Jefferson County, Texas and being out of and part of the said Lot 15, Block 6 of West Oakland Addition as described in a "Warranty Deed" from Zummo Realty, Ltd. to Zummo Meat Company, Inc. as recorded in Clerk's File No. 2006029807, Official .Public Records of Real Property, Jefferson County, Texas, said 1400.51 square feet water line easement being more particularly described as follows: NOTE: All bearings are referenced to the South line of Lots 17 and 18, Block 6 of West Oakland Addition based on the assumed bearing of NORTH 90°00'00" WEST. All set 518" iron rods set with caps stamped "M. W. Whiteley & Associates ". BEGINNING at a 1/2" iron rod with a cap stamped "F&S" found for the Northeast corner of the easement herein described, said corner also being the Northeast corner of the said Lot 15 and the Northwest corner of Lot 14, Block 6 of the said West Oakland Addition and said corner being in the South right-of-way line of Westmoreland Avenue (based on a width of 60 feet); THENCE SOUTH 00000'37" WEST, along and with the common line between the said Lots 14 and 15, for a distance of 140.05 feet to a 1/2" iron rod with a cap stamped "F&S" found for corner, said corner being the Southeast corner of the said Lot 15, the Southwest corner of the said Lot 14 and in the North line of a 20 feet wide alley; THENCE SOUTH 89057'47" WEST, along and with the South line of the said Lot 15 and the North line of the said 20 feet wide alley, for a distance of 10.00 feet to a 5/8" iron rod set for corner; THENCE NORTH 00000'37" EAST, over and across the said Lot 15 and 10 feet parallel to the East line of the said Lot 15, for a distance of 140.05 feet to a 5/8" iron rod set for corner, said corner being in the North line of the said Lot 15 and the South right-of-way line of Westmoreland Avenue; THENCE NORTH 89059'44" EAST, along and with the North line of the said Lot 15 and the South right-of-way line of Westmoreland Avenue, for a distance of 10.00 feet to the POINT OF BEGINNING and containing 1400.51 Square Feet, more or less. EXHIBIT "A" Page 1 of 2 MARK W. WHITELEY & ASSOCIATES, INC EASEMENT H Legal Description: 1401.96 Square Feet Water Line Easement Out of and Part of Lot 18, Block 6 West Oakland Addition Volume 2, Page 152, Map Records J. W. Bullock Survey, Abstract No. 7 Beaumont, Jefferson County, Texas BEING a 1401.96 square feet water line easement (10 feet wide) situated in the J.W. Bullock Survey, Abstract No. 7, Jefferson County, Texas and being out of and part of Lot 18, Block 6 of West Oakland Addition, a subdivision of the City'of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 2, Page 152, Map Records, Jefferson County, Texas and being out of and part of the said Lot 18, Block 6 of West Oakland Addition as described in a "Warranty Deed" from Zummo Realty, Ltd. to Zummo Meat Company, Inc. as recorded in Clerk's File No. 2006029807, Official Public Records of Real Property, Jefferson County, Texas, said 1401.96 square feet water line easement being more particularly described as follows: NOTE: All bearings are referenced to the South line Lots 17 and 18, Block 6 of West Oakland Addition based on the assumed bearing of NORTH90°00'00" WEST. All set 518" iron rods set with caps stamped "M.. W Whiteley & Associates ". BEGINNING at a 1/2" iron rod with a cap stamped "Soutex" found for the Southeast corner of the said Lot 18, said corner also being the Southwest corner of Lot 19, Block 6 of the said West Oakland Addition and being in the North right-of-way line of St. James Boulevard (based on a width of 100 feet); THENCE NORTH 90000'00" WEST, along and with the South line of the said Lot 18 and the North right-of-way line of St. James Boulevard, for a distance of 10.00 feet to a 5/8" iron rod set for corner; THENCE NORTH 00°00'18" EAST, over and across the said Lot 18 and 10 feet parallel to the East line of the said Lot 18, for a distance of 140.19 feet to a 5/8" iron rod set for corner, said corner being in the North line of the said Lot 18 and the South line of a 20 feet wide alley; THENCE NORTH 89057'52" EAST, along and with the North line of the said Lot 18 and the South line of.the said 20 feet wide alley, for a distance of 10.00 feet to a 1/2" iron rod with a cap stamped "SOUTEX" found for corner, said corner being the Northeast corner of the said Lot 18 and the Northwest corner of the said Lot 19; THENCE SOUTH 00000'18" WEST, along and with the common line between the said Lots 18 and 19, for a distance of 140.20 feet to the POINT OF BEGINNING and containing 1401.96 Square Feet, more or less. Surveyed on January 27, 2020. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B"). Thomas S. we, RPLS No. 5728 • �THOMAS S. ROW ...A......6728a a' b;90 0�.. Texas Surveying Firm No.: 10106700 • a e S s .fo Q W A2020120-105120-105m&b.docx 1416�S EXHIBIT "A" MARK W. WHITELEY & ASSOCIATES, ILVC: WESTMORELAND AVENUE (60, ROVE (CALL 127.00') EASEMENTI 1400.51 SQ. FEE7 0' 25' 50' 100' Scale: 1 "=50' BLOCK 6,,,ID SON V05� ,ON Z pG,15,Z MR3C ST. JAMES BOULEVARD NF— vv (I DO- Row) W/CAP STAMPEDD IsourEx TO THE OWNERS OF THE PREMISES SURVEYED. AS OF THE DATE OF THE SURVEY: I, THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. DATE SURVEYED; JANUARY 27, 2020 R 20' WIDE ALLEY FND 1/2' L ROD- W/CAP STAMPED 'solm. v0� FND 1/2- L ROD W/CAP STAMPED 'SOlJ1D(' EXHIBIT OF 10' WIDE WATER LINE EASEMENTS OUT OF & PART OF LOTS 15 & 18, BLOCK 6 WEST OAKLAND ADDITION VOL. 2, PG. 152, M.R. JEFFERSON COUNTY, TEXAS A BY- KIX CK EIPMR APP Br7m IER: ArJlo Z01fiCALE: SSHEET No,: )ATE, PrS �, 4020 1'=50' 1 OF 3 7LE: JOB NO. N:\2020\20-105\20-105.DWG 20-1 OS +mARKW. WHITELEY D ASSOCIATES INCORPORATED LTING ENGINEERS, YORS, AND PLANNERSS. FIRM NO. 10106700 REG. ENG. FIRM NO. F-2633 P. o. BOX SM 3M EASTIX Fawn. BEAUMONT, TEXASTn2d5402 BEAUMONT, TEXAS M03 400-802 MI (FAX( U9492.1740 WESTMORELAND AVENUE (60' ROW) FND N89059'44"E CAp STAMPED 10.00' 'F & S' SET 5/8' I. ROD _ 0' 10' 20' 40' IT Scale: 1 "=20' C EASEMENTI N 1400.51 SQ. FEET r W J Q NN�1 IN N 10.0' DOON ND Ap �5 WEST v01. MR C LOTS 15 & 16, BLK 6 ZUWWO YFAT COMPANY, IW CF NO. 200602M i Om in • o 0 c v o � Tpp iuT o 11- M �O SW von 0 C CD o 0 a• z� of 0 z z U. u- EXHIBIT OF EASEMENTI 1400.51 SQUARE FEET 10' WIDE WATER LINE EASEMENT OUT OF & PART OF LOT 15, BLOCK 6 WEST OAKLAND ADDITION VOL. 2, PG. 152, M.R. JEFFERSON COUNTY, TEXAS i FND 1/2. I ROD SET 5/8' W/CAP STAMPED DR fftXLK I CK Or= APP MITT I. ROD 17 do S' vm AGD 201e scKE SHEET No o�t� FF8 4, 201D 1'a20' 2 OF 3 FND S8905T47"V11 F0.E I JOB NO. W.-\2020\20-105\20-105.DWG 20-105 10.00, WHITELEY 20' WIDE ALLEY D ASSOCIATES LOT IB. BLK 8 ZUMMO MEAT COMPANY, INC. INCORPORATED CF N0. 2006029807 OPWICYORS, EASEMENT II 1401.96 SQ.FEET +RK. LTING ENGINEERS, AND PLANNERS SET 5 8' / 1 2' I. ROD / 1 S. FIRM NO.10106700 REG. ENG. FIRM NO. F-2633 W \Y I. ROD JFND W�/� STAMPED Vol 0. BOX AsSirr Slu eFauMMONT,?re�mm BEAUMONT,, 40"DZD 21 (FAX) 40"92.1340 3 Ile ILOTS 15k16,BLK8 ZUMMO MEAT COMPANY, INC �Ot ,y CF N0. 2008029807 FND 1/2' I. ROD VOt vol OPRJC SET 5/8' W/CAP STAMPED I. ROD 'F k S' 1400511 SO. FEET 0' 10' 20' 40' 20' WIDE ALLEY FND N89057'52"E Scale: 1 "=20' 10.00, SET 5/8' FND 1/2' L ROD I. ROD W/CAP STAMPED 'SOUTE K' LOT 17 LOT 18, BLK 8 1 �'� ' CITY OF BEAUMONT ZUMMO MEAT COMPANY, INC N VOL 296, PG. 159 CF NO. 2006029807 TI DR1C OPRJC T 9.90' Q 5.13'�-- EASEMENTII 1401.96 SQ. FEET 3 I � NI \,0 15.09' a 00 z =m vd\ O o W a �b 0 o I og CD 0 o o 0 CU zl 3 9.87' WEST NlOL MR C 152 Vp( \9 I v0t 4� 0A5/8- FND N90000'00'W SET 10.00, I. a ST. JAMES BOULEVARD I \POB (100' ROW) 3 FND 1/2' I. ROD W/CAP STAMPED 'SOurw EXHIBIT OF EASEMENT II 1401.96 SQUARE FEET 10' WIDE WATER LINE EASEMENT OUT OF & PART OF LOT 18, BLOCK 6 WEST OAKLAND ADDITION VOL. 2, PG. 152, M.R. JEFFERSON COUNTY, TEXAS DR BY:KLK CK BY:TSR APP BY:TSR VER ACN) m10 SCALE: SHEET No - ate FEB b tom 1'a20' 1 3 OF 3 FOE. JOB NO. W:\Z020\20-105\20-105.DWGI20-105 +MARK. WHITELEY D ASSOCIATES INCORPORATED LTING ENGINEERS, YORS, AND PLANNERSS. FIRM NO.10106700 REG. ENG. FIRM NO. F-2633 4 P. O. BOX S402 3250 EASTB% FRVVY. BEAUMONT, TEXAS TT725 54B2 BEAUMONT, TB%A9-- 409-M-0421 (FAXI 4004NR1340 5 L BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 14, 2020 REQUESTED ACTION: Council consider a resolution waiving the penalty and interest in the amount of $86.22 each for two accounts in the name of Mensacapital Properties LLC. BACKGROUND The Tax Office has accepted payments that were processed according to Sec. 33.011 of the State Property Tax Code which reads as follows: "The governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax was paid within 21 days after the taxpayer knows or should know of the delinquency." The Commissioner's Court met on June 30, 2020 and approved waiver of penalty and interest on account number 016045-000/001700-00000 (Mensacapital Properties LLC). The correspondence from the Tax Office relating to this action is attached for your review. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ALLISON NATHAIV GETZ TAX ASSESSOR -COLLECTOR July 7, 2.020 Mr. Todd Simoneaux CFO/Finance Director City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Dear Mr.. Simoneaux: Terry Wiienschel CHIEF DEPUTY The tax office has billed the correct owners of this property according to Sec. 33.011 of the State Property Tax Code. For your information, Sec. 33.011 reads as'follows: 'The governing body of a taxing unit may provide for the waiver of penalties and interest. on a delinquent tax if an act Or omission of an officer, employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within '21 days after the taxpayer knows or should know of the delinquency." TAXPAYER'S NAME Account..Numb"er Mensacapital Properties LLC 016045-000/001600-00000 Mensacapital Properties LLC 016045-0.00/001700-00o00 TOTAL LEVY WAIVER OF 0&1 Paid Requested $663.23 $86.22 $663.23 $86.22 The Commissioners' Court met on June 30, 2020 and approved waiver of penalty and interest on the :accounts. listed above. I am now requesting that you present this information to your governing body in order to ratify .the Commissioners' Court action in accepting this'payment. If ,you should have any problems or questions concerning this matter, please let me know right away. Ploas.e notify'rhe in writing as soon as ratification has occurred. I Look forward to hearing from .you. Sincerely, Allison Nathan Getz Assessor=Collector of Taxes Jefferson County, Texas ANG:ce Attachments waive p&l letter JEFFERSON COUNTY COURTHOUSE • P.O; BOX 2112 • BEtAUMONT, TEXAS 77704-2112 PHONE: (409) 835-8516 • FAX: (409) 835'-8589 1 ra{caa:c vJ ,LricuusS arri is �YS croak si lrnu lr,r arr a><r a.0 June 30, 202..0. 17. Consider and possibly appointmembers to the Jefferson County Housing Finance Corporation Board of Directors:.Judge Jeff R. Branick- appointment - Commissioner Eddie Arnold , appointment - Mr. Vernon Pierce , Commissioner Brent A. Weaver appointment , Commissioner Michael S. Sinegal, appointment , and Commissioner Everette D. Alfred, appointment .Action: TABLED 18, Consider, possibly approve, receive and file Compiled Financial Statement of Jefferson County E nergency Services District No. 1 for 2018-2019 _pursuant to Sec 775.082 (b), Texas Health &'Safety Code. SEE ATTACHMENTS ON PAGES 109 -128 Motion by Commissioner Sinegal Second by! Commissioner Alfred In favor-: County Judge Branick, "Commissioner Arnold, Commissioner Weaver, Commissioner Sinegal, :Commissioner Alfred Action: APPROVED COT�TYTAkXaAS.SE'SSOR=COLL- ��CTOrR: 119. Consider and possibly approve waiver of penalty and interest on four (4) .accounts pursuant to Sec. 33.011 of the State Property Tax Code. SEE ATTACHMENTS ON PAGES 129 - 137 Motion by: Commissioner Sinegal Second by: Commissioner Weaver In favor: County Judge Branick,; Commissioner Arnold; Commissioner Weaver, Commissioner Sinegal, Commissioner Alfred rAction tAPP-ROVED'w'' COUNTY TREASURER: 20, Receive'and File Investment Schedule for May, 2020, including the year to date total earnings ,on County funds. SEE ATTACHMENTS ON PAGES 138 - 140 Motion by: Commissioner Arnold Second by: Commissioner Alfred In favor: County Judge Branick, Commissioner Arnold, Commissioner Weaver, ;Commissioner Sinegal, 'Commissioner' Alfred Action: APPROVED ACCT # YEAR ENTITIES LEVY P&I THRU LETTERS AMT OF NAME PMT DATE APPR WAIVER 016045-000/001600-00000 2018 1 $180.39 $23.45 $23.45 MENSACAPITAL PROPERTI 4 $.689.58 $83.15 $83.15 21 $350.92 $45.62 $45:62 41 $56.68 $7.37 $7:37 49 $109.03 $14.17 $14.17 55 $45;50 $5:92 $5.92 TOTAL $1,382.10 $179.68 $179.68 016045-000/001600-00000 2019 1 $160.55 $20.87 $20.87 MENSACAPITAL PROPERTI 4 $538.44 $70:00 $70.00 21 $312.31 $40.60 $40.60 41 $50.44 $6.56 $6.56 49 $97.03 $12.61 $12.61 55 $40.50 $5.27 $5.27 TOTAL $1,199.27 $155.91 $15.5.91 TOTAL #VALUE! *VALUE! #VALUE! ATTACHMENT A WAIVER OF P & I CITY OF BEAUMONT TAXPAYER'S NAME TOTAL LEVY WAIVER OF P & I ACCOUNT NUMBER PAID REQUESTED Mensacapital Properties LLC 66123 86:22 016045-000/001600=00000 TOTAL 663.23 86.22 ACCT # YEAR ENTITIES LEVY P&I THRU LETTERS AMT OF NAME PMT DATE APPR WAIVER 016045-0001001700-00000 2018 1 $180.39 $23.45 $23,45 MENSACAP.ITAL PROPERTI 4 $639.58 $83.15 $83.15 21 $350.92 $4&62 $45.62 41 $56.68 $7.37 $7.37 49 $109.03 $14.17 $14.17 55 $45.50 $5.92 $5.92 TOTAL $Ij382.10 $179.68 3179.68 016045-000/001700-00000 2019 1 $160.55 $20.87 $20:87 MENSACAPITAL PROPERTI 4 $538.44 $70.00 $70.00 21 $312.31 $40.60 $40:60 41 $50.44 $6.56 $6.56 49 $97.03 $12.61 $12.61 55 $40.50 $5.27 $5.27 TOTAL $1,199:27 $155.91 $155.91 TOTAL #VALUEI #VALUE! #VALUE! ATTACHMENT A WAIVER OF P & I CITY OF BEAUMONT TAXPAYER'S NAME TOTAL LEVY WAIVER OF P & I ACCOUNT NUMBER PAID REQUESTED Mensacapital Properties LLC 663.23 86.22 016045-000/001700-00000 TOTAL 663.23 86.12 RESOLUTION NO. WHEREAS, the Jefferson County Tax Office has accepted payments of delinquent property taxes that were processed according to Sec 33.011 of the State Property Tax Code; and, WHEREAS, -the Commissioner's Court met on June 30, 2020 and approved waiver of the penalty and interest in the . amount of $86.22 of delinquent property taxes on account number 016045-000/001600-00000 (Mensacapital Properties, LLC); and, WHEREAS, the Commissioner's Court met on June 30, 2020 and approved waiver of the penalty and interest in the amount of $86.22 of delinquent property taxes on account number 016045-000/001700-00000 (Mensacapital Properties, LLC); and, WHEREAS, City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont to waive the penalty and interest in the amount of $86.2.2 of paid delinquent property taxes on account number 016045-000/001600-00000 (Mensacapital Properties, LLC); and, WHEREAS, City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont to waive the penalty and interest in the amount of $86.22 of paid delinquent property taxes on account number 016045-000/001700-00000 (Mensacapital Properties, LLC); 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 does hereby ratify the action of the Jefferson County Commissioners Court waiving the penalty and interest in the amount of $86.22 of paid delinquent property taxes on account number 016045-000/001600-00000 (Mensacapital Properties, LLC) accepting payment in the amount of $663.23; and, THAT the City Council does hereby ratify the action of the Jefferson County Commissioners Court waiving the penalty and interest in the amount of $86.22 of paid delinquent property taxes on account number 016045-000/001700-00000 (Mensacapital Properties, LLC) accepting payment in the amount of $663.23. 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 14th day of July, 2020. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 14, 2020 M REQUESTED ACTION: Council consider a resolution waiving the penalty and interest in the amount of $194.15 for a tax account in the name of Stephanie Ann Ross. BACKGROUND The Tax Office has accepted payments that were processed according to Sec. 33.011 of the State Property Tax Code which reads as follows: "The governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax was paid within 21 days after the taxpayer knows or should know of the delinquency." The Commissioner's Court met on June 30, 2020 and approved waiver of penalty and interest on account number 059060-000/002700-00000 (Stephanie Ross). The correspondence from the Tax Office relating to this action is attached for your review. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ALLISON NATHAN'GETZ 'TAX ASSESSOR -COLLECTOR July 1.1 2020 -Mr. Tood'Simoneaux. CFO/Finance Director City of Beaumont P101i 139 `3 827 Beaumont; TX 77704 Dearl.Mr. Slimoneaux,; Terxy.V� ens&d CLEF DEPUTY The tax office- hat,ap -acQoUnt according to plied the tax p yment from the correct,,.owner tothis Sec. 33.011 Statb Pr6perty Ti§x Code., For your information, -Sec: 33'.'01,1 rdads-'as follows:'The govem[ng bodyof taking unit may provide, for the waiver of penalties and interest qnp:61646onttax i ,an; aCt or orris ion of an officer, mpto y %the, taxing gra . gent of unit caused thetaxpayer'& failure to, pay the tax before the delinquenpy and if the' taxis paid within'-.2'I days after the taxpayer knows or should know of the delinquency:" y TAXPAYER!S NAME TOTALLEVY' WAIVER OF-P&I, Account Number Paid Requested Stephanie Ann Ross $2,157.26 194.15 05,0060-000/002700-00000 The. Commissioners' Court met On june-30,2020 and approved waiver,:6fpana penalty and interest on the -account listed: above. I Am now requesting that you present . n , formation 'to you' govemin -:66d order to "ify p r g,,-yinorde. rat the Court t' " action in accepting .this. paymi�ht. If .you : should have- any problems or qu6§fioh$ c6nceming thi6rriaftr- ­ ple.Ose, of me, know fight JO,� he :away-' 'Please notify me in writingas.soon as ratification hat, occurred.. I look "rd" from you,. Bearing Sincerely: Allison.Nathan Getz -A8sess6r-o0oI1eqjQr'ofTaxes Jefferson County, Texas ANG*de Attachm6rits, U *W P&I lefter. jEFF,ER$Oj1q COUNTY COURT14OUSE - P.O. BOX 2112 s. BEAUM014Tjt 2 S"777014-2 1:12 PHONE: (409)- 85-8516 - FAX: (109) 935-8589 '17-C - oftsiderand pbss'fLblyappo int member s to flee Jeffersow-County Qps gg F narice--Corp ration Board of Di I t&.R-, tors:- Judge ref ',, . at Br4tu-ck- �:Aip -C Commissioner E`ddio�.Arnold,,-'p met ap -6 . int t-%. Vernon Pierco c I , ommissioiier Brent A. Weaver appointment Commissioner Michael S. $jnegal, appointment,,,and QommissionerEverettea AlfTed, appointment; m Action: TABLED Qo dm ibly.',4pprovexeceiveanti fite;�CompiledlFinancial -n* , pQ$s.. Statemeiit'.6f reffer on County Emergency $,,,,prvices,Ois, a'N'OAf4t% 2018--2019 pursuant to Sec,775 1 .082 (b), Textas Health & Safety Code SEE AT'rA,(,w-LMENT--,9, o, PAGES f#,g-,:- 128 W'000by: 'cowm , Wi Onor Sinegal Secondy;Commissioner' ed .1h At I f n AV_Ori:County ,Judge B raftick-, Comm isgioner.Ar Nov C. om Imls-sloiftor Sifiegal, Commissioner Alfred. AOJOWAPPROVED P 1,9-.,'C,o sid - dp--461 '' -- waiver ofpimalty andint, rpst�.oafbtur',(.4) pr:an , - ap , e -possi �y prov. accou-nt:s,.,pur-suant:,to:S.ee,. 31.011 of the State'Trope ropertY SEE ATrACUMEN-no,—$ PAGES 1;2937 'Mo6tion by... C glaogal - . ommisAooer�: Second .:hy-.- -Comm n"sloner Weaver, In;favor Caul ty 104gegr"Ick, Commissioner Arnold,, tbmmiNtqAor Weaver, Cc�tnmzssiaaer $Jnego'l, CommissionerAlfred COUNTY TREASUR R ; XRecoive,aaafile TOOstmentSchedule for May,, 2029, incI-4ding the year : tag crate total da migs on County funds. SEE AT'1'ACH�tiIENTS ON PAGES 138 Motion byr.''Comniissi6ii Arnold $Pcmkd, by,:;. Commissioner. A-4601, 14 foyojr.;', C.,...vuotylufte Orgilick, Comm issi6fierAruold',' Co'mmissjqngr V.—egypir, Commissioner Sjne .''I Commissioner. Alfred Action: : APPROVED ACCT # YEAR ENTITIES. LEVY P&I THRU- LETTERS" AMT"OF NAME PMT DATE APPR. WAIVER 0590604000l092700-00000 2019 1 $887.16 $7g; $79 84 ROSS-STEPHANIE ANN :4 $3,413.14 $307.18 $307 18 BULKLEY, JQHN 2`1 $2,157.26I $194:15- 41 $27874 49 $536:19 $48.26: $48,26- 55 $223.79 $20. f4 Vol* TOTAL.$7,496.28; $674,66 i i $fi74.66 TONAL- TOTAL #VALUE! -#VALUE! #VALUE! �. ATTACHMENT A WAIVER OF P.&. I CITY OF BEAUMONT TAXPAYER''S NAME TOTAL LEVY WAIVEROFT &;1 ACCOUNT NUMBER, PAID REQUESTED Stepwit-Ann Ross 2157.2..6 059060-000/002700-00060 TOTAL 115726 194.15. 9 RESOLUTION NO. WHEREAS, the Jefferson County Tax Office has accepted payments of delinquent property taxes that were processed according to Sec 33.011 of the State Property Tax Code; and, WHEREAS, the Commissioner's Court met on June 30, 2020 and approved waiver of the penalty and interest in the amount of $194.15 of delinquent property taxes on account number 059060-000/002700-00000 (Stephanie Ross); and, WHEREAS, City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont to waive the penalty and interest in the amount of $194.15 of paid delinquent property taxes on account number 059060-000/002700-00000 (Stephanie Ross); 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 does hereby ratify the action of the Jefferson County Commissioners Court waiving the penalty and interest in the amount of $194.15 of paid delinquent property taxes on account number 059060-000/002700-00000 (Stephanie Ross) accepting payment in the amount of $2,157.26. 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 14th day of July, 2020. - Mayor Becky Ames - N. BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 14, 2020 REQUESTED ACTION: Council consider a resolution accepting a payment for a weed lien, and waiving the interest accrued, that is attached to property located at 3650 Magnolia. BACKGROUND On October 28, 2010, a weed lien was attached to property legally described as North Park PT L6 7 thru 14 (3650 Magnolia). The principal amount due is $577.00, total interest accrued since the filing of said lien is $551.39 with a lien assessment fee of $3.00, for a total amount of $1,131.39. The properly owner is requesting a waiver of the interest accrued. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. -o: Page 2 of 3 2020-06-29 20:43:49 (GMT) 18662258492 From: Cyrus Booker f r la � 4y1F W.M.*i. � TCAWv+' •taat.utM.sau.faVixb. i�JlI6-.0fffi 01 Mulii)g-A44S ; �,.h �bsil� sQM- 4:- . �. . .BE q �?'1�3;I?gti�te;(d �'1;��,.kSultC'3.I.,�f .Yli��e: T�S:�•S�i�S=ZG;�A• MM.vvq.git, TM �W).474PS : �'>�cciri�il�;ClsI`5� lt}IxG51}(} AMC 29, 2020. ' ..... ............ ...... :...:..... ' :..._....:. :: . .VIA.F.AX {409AW3113}.A.ND MAIL 1wlr, Todd Shnoneaux GFO, city.'Pfz:.avilionf .1. 0. BoxIS72' BeAuniollt, Texts 77704 RE: ;'Need Lien: 3G50'Mamtolin Aygnup NDY.01 Park'Rt LG 7-Air vi. 14 Tlie above-re%renced lien; "t :rdpy"of' which 'is attached, relates to :a, lien •h' i the• brigi4al amQulu, of$577.:00 xetatitlg.l.o.property owned by Thod-Iou e of Cod, Chttrdi, hie. By this letter, Tho-Howe. Pi: God Cb Wh, Inq, requ.wtAbat tltiaJieti be waived and rQleased, .According to lnfaixnation:of The Rouse of God 01nuah,1%, tie 1ba �maltntwaa paid, :As the lied xclates to -events acourring.1tt:20.1.0, itvmild plane atiI,-rouse of "Olod Chiiroh, Inc,'to retrieve the xebotds:confirming paynlertt. A sale',is•.eontemplated relating to a.nd yesolution of 'Ibis limit is Vie t-nat r:exnl�ining pm,61oi4g• action to be taken,. Therefore, The-.Houso-of'G.odi.'hurah, Jim roquest.that-this lien.bQ:lvai'v; ed 4nd arojoase recorded i:egardui� Um.lietr.. Alternatively, Tbv House• of -Cod .Chhrch,. Tno, requestAhat all interest alleged to- hgve acertted relating:'to-tho lien b•Q waived, and t 14paymejAW$5.7T00 be,ucepted as -payment I'aAtll regartLing• ihis.lian lt•is.requosted thEtilh'is regttestbe-presented, to the Ctty C,otincll as•sowos 1,7p 51le, Ploase provide to Me informaCton refating:to the deoision:reached hy-the City Council. If you.ha,vo wly. questions, odrairy,additiorial hifontiatr: s-iiee04, .pJt+ ise..cw1tao uzc, Cyrus Booer pF TheMouseof GOd churdli pD... ...�..x..-.-•..-.�.....,.•,.x..,..a-�ay...�,.�.v,wn.....�..uz.m........•.-..u.,.....,wn.a„•.w--••,.+.,+.n.4Mc�.a:,..n�.......d,.•.w,�•nw...............:t.,�..,,.wa,.s.o-a..,...,......K...•,..•.w-.,.........-_._...........�--. 1I VA13 ILLRATt;lYrni ►ivv ,Doukzt&egi1;ctna. -o: Page 3 of 3 2020.06-29 20:43:49 (GMT) r r e JOAD 047200.000.000200.00000.2 If 09/21/2010 SWUM TE STATE OF TEXAS fa OF JEFFt_RSON Weed Glen In accordance with the provisions of Am* 4430 of the Revised Civil 8laluos of Taxes, and for the purpose of perfecting and fixing a Ilan upon ilia hareinafter described property for the City of Beaumont, a municipal corporation of Jefferson County, Texas, INGRID HOLMES, Public Health Director of the City of Heatlmont, Afflartl, makes oath and says 0) Thal the City of Beaumont caused to be out down and removed Ilia woods, gross and uncultivated plants growing upon the following described pBroef of land situated in aesumant, Jolforson County, Toxae, to -Solt NORTH PARK PT LB 7 THRU 14 (2) That such work was done on the following dates for the amounts indioaled Z3/2010 (3) That Ilia sum of $ 577 00 was expended by the City of Beaumont to have such work done, (4) That Affwnl is infamied and believes that die above doecabod propor{y Is owned by 18662258492 From: Cyrus Booker 7 o sQ. of ao-_Cht all ina, , (5) Tbal the above descri0ad amount expended has not been repaid to the City of Beaumont prior to the dale of this stotemoai, (6) Pursuant to Health and Safely Coda, chapter 342, subchapter A, aeotion 342 007, of Taxes, such amount bears then (10) percent interest from the date of filing plus sour asts expanded ' A Fl f T • INQRID T741.ME8 THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned atillwrrly, on this day personally appeared IN13RID HOLMES, Public Health Director of the City of Beaumont, 1'oxas, known to ins to bo the person whose nama is subscribed to the foregoing instrument and acknowledged to me that she executed the same rot the purposes and consideration [herein expressed, and in the capacity (heroin stalod � Itt, r GIVEN UNDER MY HAND AND SEAL OF OFFICE Ihiac2t day of c �i, er, 2010 +p b t` , ALIA WILSOR DUAIAS •i ; Now Public, s(a1001Toxoa NO AkY PU LIC IN A T FOR r t+tyycommwBronFJcpuos JEFFERSON COUNTY, TEXAS ,( NOY001bA10ti, $019 RETURN TO - City Ofaoaumonl FILED ANO RECORDED Cash Management P 0 Box 3827 OFFMAL PUBLIC kaCOM Beaumont, TX 77704 Atln Linda Frank 2010 Ool 20, 04100 PM 2010039170 WILLIAM- $10 00 CAROLYN L, OUtbnY, COUNTY CL60K ,11IFF6119eN rIOUNTY, T6xA8 Page 1 of 3 2020-06-29 20:43:49 (GMT) 18662258492 From: Cyrus Booker FAX COVER SHEET TO COMPANY FAXNUMBER 14098803113 FROM CyrusBooker DATE 2020-06-29 20:43:24 GMT RE Release of Weed Lien - 3650 Magnolia Avenue COVER MESSAGE Please see the attached letter. Thanks, Cyrus Cyrus L. Booker BOOKER LEGAL GROUP, P.C. Chesapeake Business Centre MarylandFarms 205 Powell Place, Suite 314 Brentwood, TN 37027-7525 (615) 815-1634 (Office) (616) 815-1637 (Direct Line) (615) 301-6500 (Fax) (615) 423-0389 (Mobile) CBooker@BookerLegal.com (email) Thiscommunication is intended solely for the use of the named recipient(s) and may contain attorney -client privileged information. If you are not named and Intended recipient, please reply to CBooker@BookerLegal.com to let us know that we have sent the message incorrectly and then delete the message and any copies of the message, together with any and all attachments. Thank you for respecting our privacy, and we will likewise respect yours. This email has been checked forviruses byAVG. https://www.avg.com WWW.METROFAX.COM 7/6/2020 Mail - Christine Orchid - Outlook The House of God Church, Inc.; Property at 3650 Magnolia; Our Customer No. 990027274 Diane Landry <Diane.Landry@Beau montTexas.gov> Wed 7/1/2020 10:35 AM To: Christine Orchid <Christine.Orchid@BeaumontTexas.gov> 0 1 attachments (107 KB) Cyrus Booker Correspondence.pdf, Good afternoon. The above property is in the process of being sold and I was contacted by the title company with a payoff request. There is one remaining unpaid lien in the amount of $577.00 and unpaid weed abatement charges in the amount of $619.17. After providing the payoff I was contacted by the attorney for the Seller, Cyrus L. Booker, with the attached correspondence requesting that the lien be waived, or in the alternative, that the interest be waived. The unpaid weed abatement charges were not mentioned. Mr. Booker alleges that this $577.00 lien was previously paid off, even though it was years ago in 2010 and they have no proof of payment. I researched the issue and found that there were two (2) charges in 2010 for $577.00 each. There was an adjustment processed for one of the $577.00 charges in the amount of $284.58 which left an amount still owed of $292.42. This $292.42 was sent to collections and partially paid off at some point, leaving a balance due and unpaid in the amount of $65.00. However, the other $577.00 charge was never paid, and subsequently the lien in question was filed October 25, 2010, and remains unpaid as of today's date. If you have any questions or need anything further, please let me know. Thank you. Respectfully, IOCc i Lavt 14-y Diane Landry, Billing Technician City of Beaumont - Central Collections P. O. Box 3827 Beaumont, Texas 77704 Phone: 409-880-3151 Fax: 409-880-3113 Email: Diane.Landry@BeaumontTexas.gov *Please note my new email address and change your records accordingly* "The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited." https://outlook.office.com/mailrinbox/id/AQMkAGU2ZmVIAWE4LWRkATItNDc2NC1 iYTNiLTc)(4QWZDI3ZGJkMABGAAADZggw1 C3k1 EmE1 Ju4%2Bd... 1/1 RESOLUTION NO. WHEREAS, one (1) weed lien, dated October 28, 2010, in the amount of $1,131.39, represented by $577.00 in principal, $551.39 in interest, $3.00 in lien assessment fee; and, $619.17 in weed abatement fee exists against property described as 3650 Magnolia Street, North Park PT L6 7 thru 14; and, WHEREAS, The House of God Church, Inc. is offering to compromise and settle the amount of the payoff of the lien for the amount of $580.00 and weed abatement fee in the amount of $619.17, for property described as 3650 Magnolia Street, North Park PT L6 7 thru 14; and, WHEREAS, the City recommends approving payment in the amount of $1,199.17.00, being $577.00 in principal, $3.00 lien assessment fee, and $619.17 weed abatement fee, for the payoff of one (1) weed lien on property described as 3650 Magnolia Street, North Park PT L6 7 thru 14, and waiving interest in the amount of $551.39 is in the best interest of the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the compromise payoff of the weed lien and weed abatement fee for 3650 Magnolia Street, North Park PT L6 7 thru 14 be and they are hereby approved in the i settlement amount of $1,199.17, being $577i.00 in principal, $3.00 in lien assessment fee, and $619.17 in weed. abatement fee; and,! interest be and it is hereby waived in the I amount of $551.39; and, i i i BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute all documents necessary to evidence the release of one (1) weed lien and weed abatement fee in the amount of $1,750.56 for the above described property in return for the payment of $1,199.17 in principal, lien assessment fee and weed abatement fee. 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 f the City of Beaumont this the 14th day of July, 2020. - Mayor Becky Ames - BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JULY 14, 2020 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance amending the FY 2020 Budget 2. Consider amending the Code of Ordinances related to water and wastewater charges and deposits 3. Consider an ordinance granting a new solid waste franchise agreement with Action Trucking Company 4. Consider a resolution authorizing the City Manager to request reimbursement of COVID-19 related expenses from the U.S. Department of Treasury 5. Consider a resolution to direct the designated officer to calculate the voter -approval tax rate in the manner provided for a special taxing unit WORK SESSION * Review and discuss making application to the Texas General Land Office for grant funds related to Hurricane Harvey to be utilized for the design, construction, and other allowable expenses for a new surface water treatment plant to be located on the west side of the City COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters 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 July 14, 2020 Consider an ordinance amending the FY 2020 Budget BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 14, 2020 REQUESTED ACTION: Council consider an ordinance amending the FY 2020 Budget. BACKGROUND In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget and that interfund transfers are in accordance with the financial policies as approved within the budget document. The details of the proposed amendments are as follows: Internal Service Funds are funded through transfers from other funds and/or user fees from the departments that they support. The General Liability Fund does not charge user fees but relies solely on transfers to fund its operations. A transfer of $1,000,000 ($680,000 from the General fund, $250,000 from the Water Utilities Fund and $70,000 from the Solid Waste Fund) is being proposed this fiscal year to strengthen the fund balance for FY 2021. Also, the General Liability Fund is projected to meet or exceed budgeted expenditures, thus a budget amendment in the amount of $100,000 is being proposed to cover the possible overage and to appropriate an extra contingency for any other continued litigation expenses or claims settled before the fiscal year end. General Liability Fund Original Budget Proposed Amendment Amended Budget Total Revenues $8,000 $1,000,000 $1,008,000 Total Expenditures $939,200 $100,000 $1,039,200 2. The Solid Waste Fund has a proposed budget amendment in the amount of $70,000 to appropriate funds that will be transferred to the General Liability Fund as mentioned in item 1. Solid Waste Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $14,025,800 $70,000 $14,095,800 3. The Water Utilities Fund has a proposed budget amendment in the amount of $250,000 to appropriate funds that will be transferred to the General Liability Fund as mentioned in item 1. Water Utilities Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $53,098,400 $250,000 $53,348,400 4. The General Fund has a proposed amendment in the amount of $680,000 to appropriate funds that will be transferred to the General Liability Fund as mentioned in items 1. General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $131,825,900 $680,000 $132,505,900 FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2020 TO APPROPRIATE ADDITIONAL REVENUES IN THE GENERAL LIABILITY FUND; TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE GENERAL LIABILITY, SOLID WASTE, WATER UTILITIES, AND GENERAL FUNDS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City Charter of the City of Beaumont requires the City Manager to strictly enforce the provisions of the budget and not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred; and, WHEREAS, it is necessary to amend the FY 2020 budget to ensure that appropriations are sufficient to ensure that expenditures are authorized within the approved budget and that interfund transfers are in accordance with the financial policies as approved within the budget document; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2019 through September 30, 2020, be and the same is hereby amended to appropriate additional revenues and expenditures in the General Liability Fund as shown below: General Liability Fund Original Budget Proposed Amendment Amended Budget Total Revenues $8,000 $1,000,000 $1,008,000 Total Expenditures $939,200 $100,000 $1,039,200 Section 2. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2019 through September 30, 2020, be and the same is hereby amended to appropriate additional expenditures in the Solid Waste Fund as shown below: Solid Waste Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $14,025,800 $70,000 $14,095.800 Section 3. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2019 through September 30, 2020, be and the same is hereby amended to appropriate additional expenditures in the Water Utilities Fund as shown below: Water Utilities Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $53,098,400 $250,000 $53,348,400 Section 4. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2019 through September 30, 2020, be and the same is hereby amended to appropriate additional expenditures in the General Fund as shown below: General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $131,825,900 $680,000 $132,505,900 Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. 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 14th day of July, 2020. - Mayor Becky Ames - 2 July 14, 2020 Consider amending the Code of Ordinances related to water and wastewater charges and deposits BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: July 14, 2020 REQUESTED ACTION: Council consider amending the Code of Ordinances related to water and wastewater charges and deposits. BACKGROUND The Administration is recommending that the Code of Ordinances related to water and wastewater charges and deposits be amended. The proposed changes are highlighted in the attached information. Sec. 22.02.001 Water service rates (a) Effective October 1, 2019, the following rates per month shall be the rate charged for water service furnished to customers within inside and outside of the corporate limits of the city except as provided in subsection (b) of this section: Meter Size/Inches Inside City Rate Outside City Rate 5/8 $13.69 $20.54 1 $15.17 $22.76 1-1/2 $16.64 $24.96 2 $20.77 $31.15 3 $42.19 $63.28 4 $51.15 $76.72 6 $92.21 $138.32 8 $126.81 $190.21 10 $174.50 $261.75 12 $217.55 $326.32 Usage rate first 1,000 gallons Minimum Minimum Over 1,000 gallons $ per 1,000 gallons $4.63 $6.95 (b) Senior citizens who comply with subsection (c) below will receive a discount equivalent to one thousand (1,000) gallons of water ($4.63). (c) Eligible senior citizens shall mean customers residing in a single-family residence RBide the . ity who are over the age of sixty-five (65) years. To obtain the monthly minimum charge deduction, persons eligible must file a sworn application on a form provided therefor, with water customer services. Upon approval of the application the senior citizen's monthly minimum charge shall be applicable for the life of the applicant. (d) Apartment complexes and mobile home parks with four (4) or more units shall be billed a minimum monthly water service rate for 75% of the number of units at the 5/8- inch meter rate. Additional usage above and beyond the minimum usage will be billed - based on rates set by this section. Sec. 22.02.002 Wastewater rates (a) Effective October 1, 2019, the following rates per month shall be the rate charged for wastewater services furnished to customers WithiR inside and outside of the corporate limits of the city where the wastewater produced by such customer is a normal strength wastewater (150 mg/1 lb) except as provided in subsection (b) of this section: Meter Size/Inches Inside City Rate Outside City Rate 5/8 $8.76 $13.14 1 $8.90 $13.36 1-1/2 $9.05 $13.58 2 $9.83 $14.74 3 $11.12 $16.68 4 $16.29 $24.43 6 $26.71 $40.07 8 $32.63 $48.95 10 $44.51 $66.76 12 $56.35 $84.53 Usage rate first 1,000 gallons Minimum Minimum Over 1,000 gallons $ per 1,000 gallons $4.16 $6.24 (b) Senior citizens who comply with subsection (c) below will receive a discount equivalent to one thousand (1,000) gallons of water ($4.16). (c) Eligible senior citizens shall mean customers residing in a single-family residence Onside— ^ity who are over the age of sixty-five (65) years. To obtain the monthly minimum charge deduction, persons eligible must file a sworn application on a form provided therefor, with water customer services. Upon approval of the application the senior citizen's monthly minimum charge shall be applicable for the life of the applicant. (d) Residential sewer charges shall be based on the average water bill invoiced for the months of November, December, January and February. The monthly individual sewer bill shall not exceed that average. Where no preceding November through February monthly average bill is available, water customer service will use an average bill based on six thousand (6,000) gallons per month at a the 5/8-inch meter rate as the cap. (e) Commercial and industrial sewer usage charges shall be based on one hundred (100) percent of the metered water usage. In circumstances where a commercial or industrial customer desires a credit for metered water being consumed but not being returned to the sanitary sewer, it shall be the responsibility of the user to furnish to the director of water utilities an engineering report, certified by a professional engineer, that justifies and supports the discharge reduction as being a continuous normal part of the process. Based on the date provided, the director of water utilities may estimate said return or require submetering of the process water. Meters used for submetering shall be furnished at the customer's expense and shall be approved by the director of water utilities. (f) Apartment complexes and mobile home parks with four (4) or more units shall be billed a minimum monthly water service rate for 75% of the number of units at the 5/8- inch meter rate. Additional usage above and beyond the minimum usage will be billed on rates set by this section. Section 22.02.003 Payment of charges and deposits (a) All bills shall be computed at the herein described rates and shall be payable within thirty (30) days from the date of such bills. (b) Failure or refusal by any customer to pay any bill owed to the city, upon demand, shall constitute a breach of contract. and w teF and _ewer May, within ten_ (10) of fina^Ge GffffiGei� The City Manager, or his designee, may, after proper notice, discontinue service to a customer for failure or refusal to pay any bill in full and on time. Customers may be allowed to enter into a payment plan with the city pursuant to policy approved by the City Manager. Services shall not be renewed until the customer has paid all delinquent bills or met the terms of a payment plan, plus the following applicable service charges: (1) Field collection: $20.00 (2) Disconnection: $25.00 (3) Unauthorized use: $35.00 (4) Meter removed: $50.00 (5) Service killed at the main line: $300.00 (6) Second trip on for service turn -on: $15.00 (7) Turn -on fee: $15.00 (8) Returned check: $25.00 (9) Late Fee: $5.00 (10) Tampering fee: $100.00 (11) Equipment replacement: $145.00 (c) The notice to the user of failure or refusal to pay for water, sewer and sanitation service shall provide for a hearing if requested by the user. A user may request and receive a hearing concerning termination of water service and termination shall not occur until a determination of the merits of the user's appeal is made by the person conducting the hearing. rPP.r_V :ra�sI _ _ rrs=sr_Tsrtiz.Tsc _ . .... An applicant for water service will be required to pay a cash deposit to secure payment of water, sewer, sanitation charges, or any other charges that may accrue. Residential customers will be required to pay a $100 deposit in order to commence service. Commercial and industrial businesses will require a minimum deposit of $250; however, higher deposits may be required based on the meter size and a two month average consumption history for a similar type business and one of similar size. If there is an outstanding bill due, the customer's deposit will be applied towards the balance. If a portion or all of a deposit is used towards an outstanding bill, the difference, if any, will be required to be paid as part of the next bill and an additional deposit may be required. Failure to pay the additional deposit will forfeit the right to water, sewer and sanitation services and the same may be discontinued five (5) days after notice to pay such additional deposit. Customers who discontinue service or have their services turned off for nonpayment, will not have services restored at any address or location until all outstanding balances are paid. Sec. 22.02.004 Connection to water and sewer systems and fees (a) Required. All property owners owning property within the city which is within three hundred (300) feet of a city sanitary sewer or water line measured from the property line of such property to such utility line shall be required to connect to same. (b) Connection to be made by water utilities department; tampering, etc., prohibited. (1) It shall be unlawful for any person or agent of any company to make connections with or any opening into the city sanitary sewer or water system. (2) It shall be unlawful for any person or agent of any company to open, close or tamper with water system appurtenances. All water and sanitary sewer connections shall be made by water utilities department personnel or person authorized by the water utilities director. (c) Each detached dwelling unit shall be served by a separate meter. At the option of the owner, a building containing more than one dwelling unit or a mobile home park may be served by a single meter of a size to be determined by the water department. Accessory buildings, including servants' quarters, may be served by the same meter that serves the main building. Where a residential dwelling and commercial business are served by a single meter, the account shall be considered as a commercial account for billing purposes. It shall be unlawful for any person or company to furnish water to a separate detached business or dwelling unit by means of a water hose or other similar hose connection. (d) Meter and tap fees. (1) A charge shall be made by the water utilities department for each new tap of the water and sewer main for a connection, said charge to be determined by the size of the connection and size of the meter. A fee shall be charged, according to the schedule established by the director of utilities annually. The fee shall be sufficient to cover cost of materials and labor necessary to make such connection, plus ten (10) percent for overhead. (2) All meters used for measuring the flow of water or sewer shall be approved by the director of water utilities. (e) Connection permits required; applications. Application for connection permits shall be made in writing to the building official by the property owner or his authorized agent. Sec. 22.02.005 Testing water meters (a) Any customer to whom water is furnished through a meter shall have the right to demand that his water be tested, for accuracy, and when the customer wishes such test made, he shall deposit with the water department thirty dollars ($30.00) for each meter he desires to be tested. (b) If any meter through which a customer is being supplied water is found, upon test, to be inaccurate by more than two (2) percent plus, the amount deposited for making such test is to be returned to the customer and all charges against the customer shall be credited for the proportionate amount the bill is increased because of over -registration of the meter. (c) If, upon such test, the meter is found accurate, the deposit of the customer shall be retained as a fee for making such test. If the meter is found slow by more than two (2) percent, then it will be the duty of the dire£tO finance officer, or his designee, to charge the customer for any amount that may be due the wateF department city because of under - registration of the meter. (d) Any customer shall have the privilege of witnessing the test of his meter, and for that purpose shall be given notice of the time when such test is to be made. (e) Should a dispute arise between a consumer and the water department city as to the amount of any bill and as to the number of gallons of water used by such consumer, the consumer, complying with subsection (a), may have his meter tested. If, however, the consumer fails or refuses to have his meter tested, it shall be the duty of the wafef department city to make such test to determine whether the customer is being overcharged and shall advise the consumer that such test is to be made and the time thereof, and if such test is made and it is found the meter is correctly registering within a range of two (2) percent plus or minus, then the customer's bill, together with the testing charge above specified, shall become due and payable, and upon his refusal to pay same, the customer's water shall be cut off and no further services rendered until delinquent bills are paid. Sec. 22.02.006 Water and sewer service outside city No water or sewer service shall be furnished to any subdivision outside the city unless and until a plan, plat or replat shall have been first approved in the manner provided by law. If such plan, plat or replat shall have been so approved in accordance with the state statutes, the city may, if it is deemed advisable, furnish water and/or sewer service to premises outside the city limits, under the following rules: (1) Any person residing outside of the city desiring to use city utilities shall make application to the water department requesting service, which shall state the location of the premises to be served and the purpose for which service is to be used. Such application shall be made upon blanks furnished by the city and shall be signed by the agent or owner of the property to be served, and he will become liable for charges for water furnished under such services, and subject to the same remedial action as for service inside the city. (2) Water or sewer services to customers outside the city limits shall be rendered at a rate that is equal to one hundred fifty (150) percent of the rate established inside the city limits. Kyle Hayes From: Danette Mickens Sent: Monday, June 29, 2020 12:39 PM To: Todd Simoneaux; Kyle Hayes Cc: Tyrone Cooper Subject: Deposits Good Morning, Deposits are billed as a Security Method. We have many residential as well as businesses that terminate services and leave an outstanding balance. The security deposit on file will cover a 2 month bill and generally a final. We do not have many complaints from applicants. Business/Commerical owners are aware of our and other Cities Policy and Procedures. Around the first of the year, many hotels change ownership. Example: The on Walden has changed names 3 times. Their average billing is $1,200-$1,700 monthly. I have contacted several cities for their insight: Baytown: all deposits start at $200. Commercial/Industrial deposits are based on meter size and consumption history (2 months of billing average) Pasadena: small establishments (Ace, Sonic) $110 deposit. Commercial/Industrial deposits are based on meter size and consumption history Galveston: small establishments (General work office) $200 deposit. Commercial/Industrial deposits are based on meter size and consumption history Seabrook: small establishment $100 deposit or 3 month average, whichever is greater. Commercial/Industrial deposits are based on 3 month consumption history Friendswood: small establishment $250, Commercial/Industrial deposits are based on meter size and consumption history Port Arthur: small establishment (barber shops) $250.00 deposit. Commercial/Industrial deposits are based on 2.5 month history Also, many Commercial/Industrial applicants are not from the Texas area. Another reason why a Security Deposit is warranted. Thank You! Danette R. Mickens Customer Service Manager ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 22.02, SECTIONS 22.02.001, SECTION 22.02.002, SECTION 22.02.003, SECTION 22.02.005 AND SECTION 26.02.006 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS TO MAKE CHANGES RELATING TO WATER AND SEWER REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 22, Article 22.02, Section 22.02.001 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 22.02.001 Water service rates (a) Effective October 1, 2019, the following rates per month shall be the rate charged for water service furnished to customers inside and outside of the corporate limits of the city except as provided in subsection (b) of this section: Meter Size/Inches Inside City Rate Outside City Rate 5/8 $13.69 $20.54 1 $15.17 $22.76 1-1/2 $16.64 $24.96 2 $20.77 $31.15 3 $42.19 $63.28 4 $51.15 $76.72 6 $92.21 $138.32 8 $126.81 $190.21 10 $174.50 $261.75 12 $217.55 $326.32 Usage rate first 1,000 gallons Minimum Minimum Over 1,000 gallons $ per 1,000 gallons $4.63 $6.95 (b) Senior citizens who comply with subsection (c) below will receive a discount equivalent to one thousand (1,000) gallons of water ($4.63). (c) Eligible senior citizens shall mean customers residing in a single-family residence who are over the age of sixty-five (65) years. To obtain the monthly minimum charge deduction, persons eligible must file a sworn application on a form provided therefor, with water customer services. Upon approval of the application the senior citizen's monthly minimum charge shall be applicable for the life of the applicant. (d) Apartment complexes and mobile home parks with four (4) or more units shall be billed a minimum monthly water service rate for 75% of the number of units at the 5/8- inch meter rate. Additional usage above and beyond the minimum usage will be billed - based on rates set by this section. Section 2. That Chapter 22, Article 22.02, Section 22.02.002 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 22.02.002 Wastewater rates (a) Effective October 1, 2019, the following rates per month shall be the rate charged for wastewater services furnished to customers inside and outside of the corporate limits of the city where the wastewater produced by such customer is a normal strength wastewater (150 mg/1lb) except as provided in subsection (b) of this section: Meter Size/Inches Inside City Rate Outside City Rate 5/8 $8.76 $13.14 1 $8.90 $13.36 1-1/2 $9.05 $13.58 2 $9.83 $14.74 3 $11.12 $16.68 4 $16.29 $24.43 6 $26.71 $40.07 8 $32.63 $48.95 10 $44.51 $66.76 12 $56.35 $84.53 Usage rate first 1,000 gallons Minimum Minimum Over 1,000 gallons $ per 1,000 gallons $4.16 $6.24 (b) Senior citizens who comply with subsection (c) below will receive a discount equivalent to one thousand (1,000) gallons of water ($4.16). (c) Eligible senior citizens shall mean customers residing in a single-family residence who are over the age of sixty-five (65) years. To obtain the monthly minimum charge deduction, persons eligible must file a sworn application on a form provided therefor, with water customer services. Upon approval of the application the senior citizen's monthly minimum charge shall be applicable for the life of the applicant. (d) Residential sewer charges shall be based on the average water bill invoiced for the months of November, December, January and February. The monthly individual sewer bill shall not exceed that average. Where no preceding November through February monthly average bill is available, water customer service will use an average bill based on six thousand (6,000) gallons per month at the 5/8-inch meter rate as the cap. (e) Commercial and industrial sewer usage charges shall be based on one hundred (100) percent of the metered water usage. In circumstances where a commercial or industrial customer desires a credit for metered water being consumed but not being returned to the sanitary sewer, it shall be the responsibility of the user to furnish to the .director of water utilities an engineering report, certified by a professional engineer, that justifies and supports the discharge reduction as being a continuous normal part of the process. Based on the date provided, the director of water utilities may estimate said return or require submetering of the process water. Meters used for submetering shall be furnished at the customer's expense and shall be approved by the director of water utilities. (f) Apartment complexes and mobile home parks with four (4) or more units shall be billed a minimum monthly water service rate for 75% of the number of units at the 5/8- inch meter rate. Additional usage above and beyond the minimum usage will be billed on rates set by this section. Section 3. That Chapter 22, Article 22.02, Section 22.02.003 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Section 22.02.003 Payment of charges and deposits (a) All bills shall be computed at the herein described rates and shall be payable within thirty (30) days from the date of such bills. (b) Failure or refusal by any customer to pay any bill owed to the city, upon demand, shall constitute a breach of contract. The City Manager, or his designee, may, after proper notice, discontinue service to a customer for failure or refusal to pay any bill in full and on time. Customers may be allowed to enter into a payment plan with the city pursuant to policy approved by the City Manager. Services shall not be renewed until the customer has paid all delinquent bills or met the terms of a payment plan, plus the following applicable service charges: (1) Field collection: $20.00 (2) Disconnection: $25.00 (3) Unauthorized use: $35.00 (4) Meter removed: $50.00 (5) Service killed at the main line: $300.00 (6) Second trip for service turn -on: $15.00 (7) Turn -on fee: $15.00 (8) Returned check: $25.00 (9) Late Fee: $5.00 (10) Tampering fee: $100.00 (11) Equipment replacement: $145.00 (c) The notice to the user of failure or refusal to pay for water, sewer and sanitation service shall provide for a hearing if requested by the user. A user may request and receive a hearing concerning termination of water service and termination shall not occur until a determination of the merits of the user's appeal is made by the person conducting the hearing. (d) An applicant for water service will be required to pay a cash deposit to secure payment of water, sewer, sanitation charges, or any other charges that may accrue. Residential customers will be required to pay a $100 deposit in order to commence service. Commercial and industrial businesses will require a minimum deposit of $250; however, higher deposits may be required based on the meter size and a two month average consumption history for a similar type business and one of similar size. If there is an outstanding bill due, the customer's deposit will be applied towards the balance. If a portion or all of a deposit is used towards an outstanding bill, the difference, if any, will be required to be paid as part of the next bill and an additional deposit may be required. Failure to pay the additional deposit will forfeit the right to water, sewer and sanitation services and the same may be discontinued five (5) days after notice to pay such additional deposit. Customers who discontinue service or have their services turned off for nonpayment, will not have services restored at any address or location until all outstanding balances are paid. Section 4. That Chapter 22, Article 22.02, Section 22.02.005 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 22.02.005 Testing water meters (a) Any customer to whom water is furnished through a meter shall have the right to demand that his water be tested for accuracy, and when the customer wishes such test made, he shall deposit with the water department thirty dollars ($30.00) for each meter he desires to be tested. (b) If any meter through which a customer is being supplied water is found, upon test, to be inaccurate by more than two (2) percent plus, the amount deposited for making such test is to be returned to the customer and all charges against the customer shall be credited for the proportionate amount the bill is increased because of over -registration of the meter. (c) If, upon such test, the meter is found accurate, the deposit of the customer shall be retained as a fee for making such test. If the meter is found slow by more than two (2) percent, then it will be the duty of the finance officer, or his designee, to charge the customer for any amount that may be due the city because of under -registration of the meter. (d) Any customer shall have the privilege of witnessing the test of his meter, and for that purpose shall be given notice of the time when such test is to be made. (e) Should a dispute arise between a consumer and the city as to the amount of any bill and as to the number of gallons of water used by such consumer, the consumer, complying with subsection (a), may have his meter tested. If, however, the consumer fails or refuses to have his meter tested, it shall be the duty of the city to make such test to determine whether the customer is being overcharged and shall advise the consumer that such test is to be made and the time thereof, and if such test is made and it is found the meter is correctly registering within a range of two (2) percent plus or minus, then the customer's bill, together with the testing charge above specified, shall become due and payable, and upon his refusal to pay same, the customer's water shall be cut off and no further services rendered until delinquent bills are paid. Section 5. That Chapter 22, Article 22.02, Section 22.02.006 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 22.02.006 Water and sewer service outside city No water or sewer service shall be furnished to any subdivision outside the city unless and until a plan, plat or replat shall have been first approved in the manner provided by law. If such plan, plat or replat shall have been so approved in accordance with the state statutes, the city may, if it is deemed advisable, furnish water and/or sewer service to premises outside the city limits, under the following rules: (1) Any person residing outside of the city desiring to use city utilities shall make application to the water department requesting service, which shall state the location of the premises to be served and the purpose for which service is to be used. Such application shall be made upon blanks furnished by the city and shall be signed by the agent or owner of the property to be served, and he will become liable for charges for water furnished under such services, and subject to the same remedial action as for service inside the city. (2) Water or sewer services to customers outside the city limits shall be rendered at a rate that is equal to one hundred fifty (150) percent of the rate established inside the city limits. Section 6. That if any section, subsection, sentence,'clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 7. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 8. 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 or Ordinance 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 14th day of July, 2020. - Mayor Becky Ames - ku] July 14, 2020 Consider an ordinance granting a new solid waste franchise agreement with Action Trucking Company BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 14, 2020 REQUESTED ACTION: Council consider an ordinance granting a new solid waste franchise agreement with Action Trucking Company. BACKGROUND According to Section 22.05.101 of the Code of Ordinances, no'person shall engage in the business of collecting, hauling or transporting, in the cit) _ any garbage, waste or refuse, without first having obtained a franchise from the City. Eight entities currently have nonexclusive franchise agreements with the City. Action Trucking Company has requested a franchise agreement. The company is focused on construction and demolition waste and construction earth materials hauling with plans to operate from 16147 Sabine Consolidated Rd. Beaumont, TX 77705. The franchise provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings. at three separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on i lie third and final reading. After passage, the ordinance must be published for four consecutive weeks in a newspaper of general circulation in the City. All publication costs are paid by the franchisee. Attached is a copy of the franchise agreement for your review. This is the final reading. FUNDING SOURCE A franchise fee of seven percent (7%) of gross receipts v ill be paid to the City. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO ACTION TRUCKING COMPANY. WHEREAS, Action Trucking Company (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby granted by the City to Action Trucking Company the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service" shall mean the business of collection, hauling or transporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month -to -month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall, file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of- way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Rartinn S Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, -its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll -off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Ccrr+inn Q Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty- eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Action Trucking Company 1306 East Anderson Road Houston, TX 77047 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 9th day of June, 2020. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the 16th day of June, 2020. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the 14th day of July, 2020. - Mayor Becky Ames - ACCEPTANCE: Action Trucking Company (Company Owner/Representative) C! July 14, 2020 Consider a resolution authorizing the City Manager to request reimbursement of COVID-19 related expenses from the U.S. Department of Treasury BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 14, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to request reimbursement of C'OVID-19 related expenses from the U.S. Department of Treasury. BACKGROUND On May 26, 2020, Council authorized the City Manager to receive funding from the Coronavirus Relief Fund which was established within the CARES Act. The amount of funding applied for was $6,587,900 with 20% of the funding ($1,317,580) eligible for immediate receipt upon application. The City has received the 20% advance which will be used to reimburse the City for payroll costs necessary to facilitate public health measures dealing with COVID-19. The remaining portion of the funds can be requested on a reimbursement basis provided that adequate documentation is submitted to verify the funds were spent on continued protective measures, protecting the homeless, assisting hospitals and businesses, rental/utility assistance and other programs. Costs incurred through December 30, 2020 are eligible for reimbursement. It is anticipated that the City will have enough payroll costs incurred to absorb the remaining funds available for reimbursement. Other operating costs incurred by the City, other than I)ayroll, will be submitted to FEMA for reimbursement with an estimated reimbursement rate oi' 75%. Other operating costs can include cleaning supplies, personal protective equipment, healtli supplies, and the use of City owned equipment among other protective measure costs. 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 request reimbursement funding for the City of Beaumont from the Coronavirus Relief Fund through the United States Department of Treasury for expenditures incurred between March 1, 2020 and December 30, 2020 due to the public health emergency specific to COVID-19. 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 14th day of July, 2020. - Mayor Becky Ames - 5 July 14, 2020 Consider a resolution to direct the designated officer to calculate the voter -approval tax rate in the manner provided for a special taxing unit BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 14, 2020 REQUESTED ACTION: Council consider a resolution to direct the designated officer to calculate the voter -approval tax rate in the manner provided for a special taxing unit. BACKGROUND As discussed in a budget workshop on June 23, 2020, Senate Bill 2 changed the property tax rate setting process. Under the old law, you calculated an effective rate (tax rate which would generate the same amount of revenue as the prior year on the same property) and a roll -back rate (effective rate plus 8%). Setting a tax rate above the roll -back rate would allow the citizens to petition for an election on the tax rate. Under the new law, the effective rate is known as the "no new revenue rate" and the roll -back rate is known as the "voter -approval rate." Now, the voter - approval rate can only be 3.5% above the no new revenue rate without triggering an automatic election on the November uniform election date. If the tax rate triggers an automatic election, one that exceeds the 3.5 % voter -approval rate, then the deadline to adopt the budget and tax rate would be August 17, 2020 (90 days before the election). Senate Bill 2 contains a disaster provision that permits a city to direct a designated officer or employee to calculate the voter -approval rate using 8% rather than 3.5% if any part of the city is located in a disaster area during the current tax year. This provision precludes any mandatory election and allows a city to calculate the tax rate as if they were a special taxing unit. By opting into this provision, the date to adopt the budget and tax rate are not dependent upon the uniform election date and can go back to normal schedules. Having the additional time to evaluate the effects of COVID-19 on the City's finances will give us the ability to make more accurate projections of revenues and expenditures which will determine beginning fund balances for next year's budget. Also, opting into this provision will give the Council the flexibility of setting a tax rate up to 8% above the no new revenue rate. On March 13, 2020, the President of the United States issued a proclamation declaring that the COVID-19 pandemic in the United States constitutes a national emergency. The Governor of the State of Texas declared a disaster in every Texas county on the same day. As a result of the disaster declaration, staff recommends that the City opt into the disaster provision of Senate Bill 2 as specified in Section 26.07 of the Texas Tax Code. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS DIRECTING THE DIRECTOR OF FINANCE OF THE CITY OF BEAUMONT TO CALCULATE THE VOTER -APPROVAL TAX RATE OF THE CITY OF BEAUMONT IN THE MANNER PROVIDED FORA SPECIAL TAXING UNIT BY USING AN 8% THRESHOLD FOR NEW REVENUE INSTEAD OF 3.5% AS AUTHORIZED BY TEXAS TAX CODE SECTION 26.04(C-1) DUE TO THE GOVERNOR'S STATE-WIDE DECLARATION OF DISASTER IN RESPONSE TO THE COVID-19 PANDEMIC; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on March 13, 2020, the President of the United States issued a proclamation declaring that the COVID-19 pandemic in the United States constitutes a national emergency; and, WHEREAS, on March 13, 2020, the Governor of the State of Texas declared a disaster in every Texas county due to the COVID-19 pandemic; and, WHEREAS, the COVID-19 pandemic has impacted the City of Beaumont and the City Council foresees that an increased expenditure of money by the City of Beaumont will be necessary to respond to the disaster; and, WHEREAS, as a result of the disaster declaration, an election is not required under Section 26.07 of the Texas Tax Code to approve the tax rate adopted by the Beaumont City Council for the year following the year in which the disaster occurred; and, WHEREAS, the City of Beaumont imposed the "additional sales and use tax" to which Section 26.041 of the Texas Tax Code refers; and, WHEREAS, as a result of the foregoing, Section 26.041(c-1) of the Texas Tax Code authorizes the City Council of the City of Beaumont to direct the designated officer or employee to calculate the voter -approval tax rate of the City of Beaumont in the manner provided for a special taxing unit; and, WHEREAS, Section 26.04(c-1) of the Texas Tax Code provides that the officer or employee continue calculating the voter approval tax rate in the same manner until the earlier of (1) the second tax year in which the total taxable value of property taxable by the City of Beaumont as shown on the appraisal roll for the City of Beaumont submitted by the tax assessor for the City of Beaumont to the Beaumont City Council exceeds the total taxable value of property taxable by the City of Beaumont on January 1 of the tax year in which the disaster occurred, or (2) the third tax year after the tax year in which the disaster occurred; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. The City Council finds that the recitals above are true and they are hereby adopted as a matter of public record. The recitals shall become a part of the legislative history pertaining to the adoption of this resolution and shall serve to document the extraordinary circumstances existing at the time of its approval. Section 2. The Finance Director of the City of Beaumont, as the designated officer of the City of Beaumont, is directed to calculate the voter -approval tax rate of the City of Beaumont in the manner provided for a special taxing unit as provided in Chapter 26 of the Texas Tax Code. Section 3. As set forth in Texas Tax Code Section 26.04(c)(2)(A), the voter - approval rate for a special taxing unit is the city's maintenance and operations rate times 1.08 plus the current debt rate. Section 4. The Finance Director or his successor shall continue calculating the voter -approval tax rate in the manner provided by this resolution until the earlier of: (1) the second tax year in which the total taxable value of property taxable by the City of Beaumont as shown on the appraisal roll for the City of Beaumont submitted by the tax assessor for the City of Beaumont to the Beaumont City Council exceeds the total taxable value of property taxable by the City of Beaumont on January 1 of the current tax year; or (2) the third tax year after the current tax year. Section 5. This resolution shall be in full force and effect from and after its passage. 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 14th day of July, 2020. - Mayor Becky Ames - Attest: City Clerk WORK SESSION Review and discuss making application to the Texas General Land Office for grant funds related to Hurricane Harvey to be utilized for the design, construction, and other allowable expenses for a new surface water treatment plant to be located on the west side of the City 11200 Broadway Street, Suite 2320 • Pearland, Texas 77584 • 832-456-4700 • FAX 817-735-7491 www.freese.com June 15, 2020 Molly Villarreal, P.E. Public Works Director City of Beaumont 801 Main Street, Suite 210 Beaumont, TX 77701 Re: West Surface Water Treatment Plant Conceptual Cost Estimate, 15 MGD Dear Ms. Villarreal: Enclosed is an updated Texas Water Development Board (TWDB) Project Budget Summary for the design, construction, and delivery of a 15 million gallon per day (MGD) surface water treatment plant. Included in the project budget summary is the conceptual cost for a new surface treatment plant located on the west side of the City of Beaumont featuring a 15 MG raw water storage forebay, conventional treatment process, 5 million gallon finished water storage tank, and high service pump station. Also included in the estimate are costs for basic engineering services, special services, fiscal services and other fees, such as land acquisition. Budget Item Cost Construction $82,067,000 Basic Engineering Services $8,230,000 Special Services $3,230,000 Fiscal Services $200,000 Other (Land acquisition, pilot testing, etc.) $2,400,000 Contingency $3,850,000 Total $99,977,000 The cost estimate was developed using the unified costing model provided by the TWDB, a custom process unit cost estimate by FNI, and recent surface water treatment plant bid prices from the City of Baytown, City of Sugar Land, City of Missouri City, and San Jacinto River Authority, among others. Please let us know if you have any questions or need any additional information. I can be reached at 281-7337489 or david.munn@freese.com Sincere) � - David Munn, P.E. Group Manager, Associate cc: Jeff Taylor Attachments TWDB Project Summary Project Budget Summary Ions Willi � City of Beaumont Updated: kveowtw 15 MGD Westsidle Water Treatment Plant 6/14/2020 -- ----- ------ items Summary- FY21 22 .�----FY23_.__._�_.._._FY24 Budget- Construction ._ - ___�._.--_. i - 355,6671 $27 355,6671 $27,355,6671 - $27 - Construction $ 82,067,000.00 b0' - - $27,355,667: - $27,355,667; $27,355,667i Subtotal for Construction _ _ _ S82,067,000 _$�! .. - iBasic En ineerin(] Services 9 _- - _,6_ ------ IPianning $150,0001 $1650,000. -- _. _------- -- -- -. _------- -- hDesign .- -- - - - $4,930,000; -- $2 465,000i, $2,465, 1- f $550,000� _ $560,000� 1 $550,000j Construction Engineering $1,650,0001 $550,0001- $550,000 JSubtotal for Basic Engineering Services I `-$8,230,000i $4,116,000, $2,465,0001 Services --- - -- ' ^ -y , --- _$550,0001 rSpecial IAppiication $60,o00i $50,000 -- - - -----_ -._- _ - _ -_-- Environmental $300,000� $300 000 _ -- -- _ Geotechnicai -__ $200,0001- $2,060,000 - $200 000 -- - -- _ - _ 6,667. 1 -- _ - $686,667 - $686,667� Construction Management & Inspections- - i $100,000f Manual $100,000i - -- -- - - I_ - -- (Surveying Testing -- -- --y-- $120,0001 - $400 000� $120,000 - -- $133 333 $133,333j - $133.3331 ----- - 920, 00071 - --- - - JSubtotal for Special Services _ _ - _ ..$3 230,000i _ $670,000 $Oi $820 000 $820,000! -:-- Fiscal Services Bo Counsel $50000 , $50,000� nd --- -- $50,000' $50,0001 "- ---�� - - --� IFinancial Advisorr _�. _..- - -- - - - -----f---- $50,0001 - $50,000 - - --. __ - ------ IFiscayLegal -- - - _ - -- - iissuance Costs --- $50,000� $50,000 $0� _ - - -- - - Su-btotal for Fiscal Services _ .r - �- $200,000 - r - _ $200,000! _ _-?� - lther JAdm_inistration -Travel, Miscelaneous Land/EasementsAC uisition ! $1,500,0001 $1 500,000 -- 1 Pilot Testin / Water Quality Testing - 9 - ---- $500,0001 - $500,000:$200 (Oilier {Power SuPPh') --- _-.. _ _.._ $200,000; - - -- -- --...- -- --- -OOi _ $200,0001 -- - - - -- --_-- --� - ----- - --- 4Ohher (Mitigation) $200,000, $2,400,000 $2,000,OOOI $400,000 $0 - - Subtotal for Other $3,850,000 $280000, $120,000i _ $1 150,0001 _ - $1 150,000 _; - $1 160,0001 Contingency _ r $3,850,0001 $280,0001 t $120,000� $1 150�000�- $1,150,000j T $1 180,0001 ISubtotal for Contingency $98,977,000 -. _ $7 265,000 - _ $2,985,000 _- _ _$29 875,667 667 __ $29,875,_ $29,985,667�