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HomeMy WebLinkAbout07/21/2020 PACKETBEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, DULY 21, 2020 1:30 PM CONSENT AGENDA Approval of minutes — July 14, 2020 Confirmation of board and commission member appointments A) Approve a resolution accepting improvements on the previously annexed 0.398 acres of land located approximately 3,380 feet south of Dishman Road B) Authorize the City Manager to apply for and receive funding through the Edward Byrne Memorial Justice Assistance Grant program and to execute all documents necessary, including an inter -local agreement with the City of Port Arthur and Jefferson County in order to request the funds C) Approve a contract with Linebarger, Grogan, Blair and Samson in accordance with Texas House Bill 2826 D) Authorize the acceptance of a ten foot wide Exclusive Water Line Easement for the construction of new apartments located at 6030 North Major Drive A- BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: July 21, 2020 REQUESTED ACTION: Council consider a resolution accepting improvements on the previously annexed 0.398 acres of land located approximately 3,380 feet south- of Dishman Road. BACKGROUND On March 17, 2020, by Ordinance No. 20-009, City Council approved the annexation of approximately 0.398 acres of land, which includes the bridge at Keith Road, located approximately 3,380 feet south of Dishman Road. On April 22, 2020, Schaumburg & Polk, Inc., completed an inspection of the bridge at Keith Road at the request of the City. The improvements were found to meet City Standards and qualify for acceptance for permanent maintenance. Recommended for approval are the bridge improvements for the previously annexed 0.398 acres of land. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. iummuiiimuiiuu � 20 BEAUMONT THE STATE OF TEXAS § 4 § COUNTY OF JEFFERSON § CERTIFICATE TO COPY OF PUBLIC RECORD' I hereby certify, in the performance of the functions of the City Clerk's. office, that the attached instrument is a full, true, and correct copy of Ordinance 20409. This Ordinance was passed by Council on the 17t''day of March, 2020, appears of record in my office and that said document is an official record from the .public office of the City Clerk of the City of Beaumont, Jefferson County, State of Texas, and is kept in said office. I further certify that I, Tina Broussard, am ;the City Clerk, of the City of Beaumont, that I have legal custody of said record, and that I am a* lawful possessor and keeper and have legal. custody of the records in said office. In witness whereof, I have hereunto set my hand and'affixed the official seal of said office this 19th day of March, 2020. City Clerk City of Beaumont, Jefferson County, Texas. Tina Broussard, TRMC MY Clerk - (409) 880-3745 - Fax (4o9) 880-3740 P.O. Box 3827 - Beaumont, Texas 77704-3827 ORDINANCE NO. 20-009 ENTITLED AN -ORDINANCE ANNEXING APPROXIMATELY .0398. ACRES OF LAND LOCATED AT KEITH ROAD, APPROXIMATELY 3,380 FEET SOUTH OF DISHMAN ROAD AND 3,450 FEET NORTH OF PHELAN BOULEVARD INTO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE THE SAID PROPERTY WITHIN THE CITY LIMITS, AND GRANTING THE SAID TERRITORY AND TO ALL INHABITANTS THEREOF ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS; BINDING SAID INHABITANTS BY ALL OF THE. ACTS AND ORDINANCES OF SAID CITY; AND, ADOPTING A SERVICE PLAN. WHEREAS, Article 1, Section 4. of the Charter of the City of Beaumont, Texas, an. incorporated city, authorizes the annexation of additional territory, subject to the laws of this state; and, WHEREAS, the procedures prescribed by the Texas Local Government Code and Charter of the City of Beaumont, Texas have been duly followed with' respect to the annexation of the territory as described in and shown on Exhibit "A," attached hereto; and, WHEREAS, the territory lies adjacent to and adjoins the present boundaries of the City of Beaumont, Texas; J NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this.ordinance are hereby, in all things, approved and adopted; and, Section 1. The land and territory lying adjacent to and adjoining the present boundaries of the City of Beaumont; Texas as described in and shown on Exhibit "A," attached hereto, is hereby, added and annexed into the City of Beaumont, Texas; said territory shall hereinafter be included within the boundary limits of the City of Beaumont, Texas; the present boundary limits of such City at the various points contiguous to the area as described in and shown on Exhibit "A," attached hereto, are altered, amended and extended so as to include said area within the corporate limns of the City of Beaumont, Texas, such:property shall be within Ward'2 for purposes of municipal elections. Section 2. The described territory in the area so annexed shall be a part of the City of Beaumont, Texas, and the inhabitants thereof, if any, shall be entitled to all the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Beaumont, Texas. Section 3. A service -plan for the area is hereby adopted and attached as exhibit "B:" 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. The City Clerk is hereby directed to file with the County Clerk of Jefferson County, Texas, a certified copy of this ordinance. PASSED BY THE CITY COUNCIL of the ,City of Beaumont on this the 17th day of March, 2020. Wyorl3ecky Ames - City Clerk �-FMONT P O BOX 3827.. CITY CLERK TII* BROUSSARD BEAUMONT, TX 77704 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Carolyn L_ Guidry, County Clerk Jefferson County, Texas March 30, 2020 10:24:24 AM FEE: $38.00 2020010360 RESOLUTION NO. WHEREAS, on March 17, 2020, City Council of the City of Beaumont, Texas, adopted Ordinance No. 20-009 approving the annexation of approximately 0.398 acres of land, which includes the bridge at Keith Road, located approximately 3,380 feet south of Dishman Road; and, WHEREAS, on April 22, 2020, Schaumburg & Polk, Inc., completed an inspection of the bridge at Keith Road at the request of the City; and, WHEREAS, the improvements were found to meet City Standards and qualify for acceptance for permanent maintenance; and, WHEREAS, recommended for approval are the bridge improvements for the previously annexed 0.398 acres of land; 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 Keith Road bridge improvements on previously annexed approximately 0.398 acres of land, located approximately 3,380 feet south of Dishman Road, as described and shown on Exhibit "A" attached hereto, be and it is hereby accepted. 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 21st day of July, 2020. - Mayor Becky Ames - City of Beaumont 0.398 Acre Annexation Area In The A. Huston Survey, Abstract No. 33 Beaumont, Jefferson County, Texas All that certain tract of land lying and being situated in Jefferson County, part of the A.Huston League, Abstract No. 33 and being a part of that certain 100 foot wide right of way, conveyed to the Lower Neches Valley Authority and described as "Strip No. 2" in that certain document filed in Volume 948, Page 160 of the Deed Records of Jefferson County, Texas and including a 150 foot long strip of that Easterly portion of the Keith Road right of way located between the East edge of the existing pavement of Keith Road and the East right of way line of Keith Road. COMMENCING at a point at the intersection of the South line of Dishman Road and the East line of Keith Road, a 60 foot wide right of way, and being the West line of said Lower Neches Valley Authority right of way, THENCE North 87° 08' 41" East along and with the South line of said Dishman Road for a distance of 100.00 feet to a 3/0 inch iron rod found in the East line of said Lower Neches Valley Authority right of way and being the West line of that certain called 200 acre tract as described in that certain instrument recorded in County Clerks File No. 98-9829841 of the Official Public Records of Jefferson County, Texas and being the current West boundary line of the City limits of Beaumont, Texas; THENCE South 02*43' 05" East along and with the East line of said Lower Neches Valley Authority tract and the West line of said 200 acre tract for a distance of 3311.48 feet to the POINT OF BEGINNING of the herein described tract; THENCE South 02' 43' 05" East continuing with the East line of said Lower Neches Valley Authority tract and West line of said 200 acre tract, at 113.68 feet past a 31e inch rod found for the southwest corner of said 200 acre tract and being the northwest corner of that certain 209.07 acre tract conveyed to Jefferson County Drainage Distract No.6 as recording in County Clerks File No. 103-06-2396 of the Real Property Records of Jefferson County, Texas and continuing for a total distance of 150.00 feet to the southeast corner of the herein described tract; THENCE South 87` 16' 55" West, at 100 feet pass the East right of way of Keith Road and continue for a total distance of 115.61 feet to the southwest corner of the herein described tract at the east edge of the existing pavement of Keith Road; THENCE North 02°43' 05" West with the east edge of pavement of Keith Road for a distance of 150.00 feet to the northwest corner of the herein described tract; -THENCE North 87' 16' 55" East for a distance of 115.61 feet back to the POINT OF BEGINNING and continuing 0.398 acres of land, more or less. EXHIBIT "A" -T DISHMAN ROAD DISHMAN ROAD FND 3/4• IRON ROD NW COR. BROUSSARD 200 AC TRACT N 87 08' 41" E 100.00' EX. CITY LIMITS 60, LNVA .O.W. 100' R.O.W. STRIP Na. 2 REMNANT OF VOL. 948 PG. 180 "pROUSSARD TRACT" D.R. of J.C., T. w "200.00 ACRES" CCF No. 98-9829841 w O.P.R. of J.C., T. z O W 0w �.' I+T87° 1 S "E 115.61' I o o a o LO j EXISTING o � CONCRETE BRIDGE 00 0 0 3/4" RM ROD SW COR. BROUSSARD 200 AC TRACT G [ S870 44' �tiGG 4 4.• J CITY of BEAUMONT ANNEXATION Bm PHELAN 0.398 ACRES 7 our or �vr��smV tom• TAB A. AUSTON SURM, ABSl UCT NO. 33 NVi1r�J J[ m" DRAUVOW, JBP%87 ON ('OMY, 7MUS SCAM N.T.S. �_..._.. _--- SCALE : 1 % 40' � f � I-IAUAABL1FiG & POLK m OmAM Vf • Na-MM. TAM Him molml tr4oma 8BB0 b7p� 8wC B,euwaif.Tem777°r 4WSaOJD341P-40% 0=rR a' BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: July 21, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding through the Edward Byrne Memorial Justice Assistance Grant program and to execute all documents necessary, including an inter -local agreement with the City of Port Arthur and Jefferson County in order to request the funds. BACKGROUND The City of Beaumont has been awarded funding through the Edward Byrne Memorial Justice Assistance Grant program for the past fourteen years. The funding has been used to upgrade technology through the purchase of computer hardware and software, purchase additional officer equipment and to fund several community policing programs. Due to Jefferson County being designated a disparate jurisdiction by the Department of Justice, an inter -local agreement must be filed with the joint application, and the agencies must agree to funding allocations prior to application for funding. Total allocation for 2020 is $109,872 of which, $68,410 will be allocated to Beaumont, $24,981 to Port Arthur and $16,481 to Jefferson County. Funds awarded to Beaumont will be used for equipment purchases and/or Technology Enhancement. FUNDING SOURCE No matching funds are required. RECOMMENDATION Approval of resolution. Resolution No. The State of Texas )( County of Jefferson )( City of Beaumont, Texas )( City of Port Arthur, Texas )( GMS Application Number 2020-H7603-TX-DJ Know All by These Present Inter -Local Agreement Between the County of Jefferson, Texas; City of Beaumont, Texas; and City of Port Arthur, Texas 2020 Edward Byrne Justice Assistance Grant (JAG) Program Award This Agreement is made and entered into this day of 2020, by and between The County of Jefferson, Texas acting by and through Its governing body, the Commissioners Court; the City of Beaumont, Texas acting by and through its governing body, the City Council; and the City of Port Arthur, Texas acting by and through its governing body, the City Council, witnesseth: WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, the total funding allocation Is $109,872; and the City of Beaumont, Texas, and the City of Port Arthur, Texas, agree to provide Jefferson County, Texas $16,481 from the JAG award and the City of Beaumont, Texas, and the City of Port Arthur, Texas agree to allocate the remaining funds as follows: $68.410 to the City of Beaumont, Texas, and $24,981 to the City of Port Arthur, Texas. WHEREAS, Jefferson County, Texas, the City of Beaumont, Texas, and the City of Port Arthur, Texas, believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, Jefferson County, Texas, the City of Beaumont, Texas, and the City of Port Arthur, Texas agree as follows: Section 1. The City of Beaumont, Texas and the City of Port Arthur, Texas agree to provide Jefferson County, Texas $16,481 from the JAG award; and the City of Beaumont, Texas and the City of Port Arthur, Texas agree to allocate the remaining funds as follows: $68,410 to the City of Beaumont, Texas; and $24,981 to the City of Port Arthur, Texas. Section 2. Jefferson County, Texas agrees to use the funding for equipment purchases and/or Technology Enhancement until 2023. The City of Beaumont, Texas agrees to use the funding for equipment purchases and/or Technology Enhancement until 2023. The City of Port Arthur, Texas agrees to use the funding for equipment purchases and/or Technology Enhancement until 2023. GMS Application Number 2020-H7603-TX-DJ Section 3. Each party to this agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 4. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 5. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. Section 6. The City of Beaumont agrees to act as the fiscal agent in applying for, dispersing, monitoring, and reporting for this JAG funding. City of Beaumont, Texas CITY MANAGER City of Port Arthur, Texas CITY MANAGER Jefferson County, Texas COUNTYJUDGE *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s). RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive funding for the City of Beaumont in the amount of $109,872.00 from the Edward Byrne Memorial Justice Assistance Grant Program for law enforcement equipment and programs; and, BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized to execute an Interlocal Agreement to reallocate funds in the amounts of $24,981.00 to the City of Port Arthur and $16,481.00 to Jefferson County. 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 21st day of July, 2020. - Mayor Becky Ames - C BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Fi ilancial Officer MEETING DATE: July 21, 2020 REQUESTED ACTION: Council consider a resoluti on approving a contract with Linebarger, Grogan, Blair and Samson in accordance with HB 2826. BACKGROUND On May 26, 2020, Council approved Resolution 20-108 :ind awarded a contract to Linebarger. However, the 86ffi Legislative session saw the passage o1' HB 2826, which requires the Attorney General (AG) review and approval of contingent fee leg�i I services contracts. Upon approval of the type of contract by City Council, staff must submit thc contract along with a questionnaire to the AG. Any reviews, findings and approval by the go, coring body must be completed prior to submission to the AG for review. If no response is recei ved from the AG in 90 days, the contract is deemed approved. However the bill specifically excludes contracts for collection of delinquent court fines and fees, ad valorem taxes and bond counsel i ii connection with issuance of debt; it does not impact this contract. HB 2826 also requires a separate public notice with specific languagerelating to a contingent fee contract that appears on the agenda for approval. That notice was properly posted for this meeting. Although contracts for the collection of delinquent court fines are excluded from the AG review and approval of the contract, HB 2826 requires City Cotiiicil find that the contract for delinquent court fines: (1) is necessary for the efficient collections o I' delinquent Municipal Court fines, fees and costs; (2) the City does not possess the necessary sta 11, computer software/programming or experience to internally conduct these collection services and acquiring these will result in substantial expense to the City; and (3) and hourly fee for delinquent collection work would likely exceed the amounts of delinquent fines and fees due. Using a contingent fee arrangement allows the collection costs to be assessed against the debtor and not the City or its taxpayers. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the City of Beaumont desires to engage a law firm to perform legal services for the collection of unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by the Municipal Court; and, WHEREAS, the City of Beaumont finds that: (1) There is a substantial need for the legal services to be provided for the collection of unpaid fines, fees, court costs, forfeited bonds, and restitution; (2) These legal services cannot be adequately performed by the attorneys and supporting personnel of the City of Beaumont at a reasonable cost; (3) These legal services cannot reasonably be obtained from attorneys in private practice under a contract providing only for the payment of hourly fees, without regard to the outcome of the matter, because of the nature of the collection authorized by TX Code of Criminal Procedure Art. 103.0031 and because the City of Beaumont does not have the funds to pay the estimated amounts required under a contract only for the payment of hourly fees ; and, WHEREAS, after having sought legal services on the basis of demonstrated competence and qualifications at a fair and reasonable price the City of Beaumont has identified the law firm of Lineberger, Goggan, Blair & Sampson, LLP to provide the necessary services; and, WHEREAS, Linebarger, Goggan, Blair & Sampson, LLP has provided these specialized legal services to the City of Beaumont in the past and; WHEREAS, it is in the best interest of the City of Beaumont to enter into a Contingency Fee Contract with the law firm of Linebarger, Goggan, Blair & Sampson, LLP to perform the legal services required to comply with the terms of this 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 Council of the City of Beaumont hereby approves the selection of the law firm of Linebarger, Goggan, Blair & Sampson, LLP on a contingency fee basis for the collection of unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by the Municipal Court; and, BE IT FURTHER RESOLVED THAT the City Manager, or his designee, be and they are hereby authorized to execute a one (1) year contract, with an option to renew upon mutual consent for two (2) additional one (1) year periods, for collection services of delinquent Municipal Court fines and fees. The Contract 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 21st day of July, 2020. - Mayor Becky Ames - CITY OF BEAUMONT CONTRACT FOR COLLECTION AGENCY SERVICES I. Findings pursuant to Texas Government Code § 2254.1036. A. This Contract is necessary for the efficient collection of delinquent Municipal Court fines, fees, and costs. B. The City currently does not possess the necessary staff, computer software/programming, or experience to internally conduct these collection services and acquiring these will result in substantial expense to the City. C. An hourly fee for delinquent collection work would likely exceed the amounts of delinquent fines and fees due. Using a contingent fee arrangement allows the collection costs to be assessed against the debtor and not the City or its taxpayers. II. General Information and Terms. Contractor's Name and Address: Linebarger Goggan Blair & Sampson, LLP 4828 Loop Central Drive, Suite 600 Houston, TX 77081 Description of Services: Collection Agency Services for Municipal Court Municipal Court Fines and Fees; Page 25 of RFP No. PF1020-03 Maximum Contract Amount: A collection fee in the amount of 30% on fines, court costs, and fees that are more than 60 days past due and referred to the Contractor for collection, in accordance with Article 103.0031 of the Texas Code of Criminal Procedures, as amended. The collection fee does not apply to a debt incurred on an unadjudicated offense that was committed before June 18, 2003. Effective Date: On the latest of the dates signed by both parties. Termination Date: Twelve months from the Effective Date. Renewal: The initial tern of the contract is for one (1) year with the option to renew for two (2) additional one (1) year terms. Contract Parts: This Contract consists of the following parts: I. Findings Pursuant to Government Code sec. 2254.1036 II. General Information and Terms III. Standard Contractual Provisions IV. Signatures III. Standard Contractual Provisions. A. Contractor's Services. The Contractor will provide to the City the services described in this Contract under the terms and conditions of this Contract. EXHIBIT "A" B. Billing and Payment. The Contractor will bill the City for the services provided at intervals of at least 30 days, except for the final billing. The City will pay the Contractor for the services provided for in this Contract with current revenues available to the City, but all of the City's payments to the Contractor, including the time of payment and the payment of interest on overdue amounts, are subject to the provisions of Chapter 2251 of the Government Code. The City is not liable to the Contractor for any taxes which the City is not liable by law, including state and local sales and use taxes (Section 151.309 and Title 3, Texas Tax Code) and federal excise tax (Subtitle D of the Internal Revenue Code). Accordingly, those taxes may not be added to any bill. C. Termination Provisions. (1) Unless terminated earlier as allowed by this Contract, this Contract terminates: (a) On the termination date, if any, specified in the General Information in Part II, but the obligation of a party to complete a contract requirement pending on the date of termination survives termination; or (b) If there is no termination date specified in the General Information in Part II, the contract terminates when both parties have completed all their respective obligations under the contract. (2) The City Manager may terminate this Contract during its term at any time for any reason by giving written notice to the Contractor not less than thirty (30) days prior to the termination date, but the City will pay the Contractor for all services rendered in compliance with this Contract to the date of termination. (3) If the City Council does not appropriate funds to make any payment for a fiscal year after the City's fiscal year in which the Contract becomes effective and there are no proceeds available for payment from the sale of bonds or other debt instruments, then the Contract automatically terminates at the beginning of the first day of the successive fiscal year. (Section 5, Article XI, Texas Constitution) D. INDEMNITY. Contractor shall indemnity or hold harmless the City of Beaumont from claims and liabilities resulting from negligent acts and omissions of the contractor or the attorneys or other persons employed by the contractor. E. Assignment. The Contractor may not assign this Contract without the City's prior written consent. F. Law Governing and Venue. This Contract is governed by the law of the State of Texas and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in or having jurisdiction in Jefferson County, Texas. G. Entire Contract. This Contract represents the entire Contract between the City and the Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may be amended only by written instrument signed by both parties. H. Independent Contractor. The Contractor will perform the work under this Contract as an independent contractor and not as an employee of the City. The City has no right to supervise, direct, or control the Contractor or Contractor's officers or employees in the means, methods, or details of the work to be performed by Contractor. Severability. If a court finds or rules that any part of this contract is invalid or unlawful, the remainder of the Contract continues to be binding on the parties. Conflicting Provisions. If there is a conflict between a provision in the Contractor's Additional Contract Documents, if any, and a provision in the remainder of this Contract, the latter controls. IV. Signatures. By signing below, the parties agree the terms of this Contract: CITY OF BEAUMONT CONTRACTOR: By: By: Date: Date: Title: Title: Company: APPROVED AS TO FORM: BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: July 21, 2020 REQUESTED ACTION: Council consider_a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND The Woodlands at Beaumont, LLC has agreed to convey a 24,208 square foot ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.5557 acre tract of land situated in the Wesley Dykes Survey, Abstract No. 17, City of Beaumont, Jefferson County, Texas. The easement is for the construction of new apartments located at 6030 North Major Drive. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, The Woodlands at Beaumont, LLC has agreed to convey one (1) twenty-four thousand, two hundred eight (24,208) square foot ten foot (10') wide exclusive water line easement, said easement being a 0.5557 acre. tract of land situated in the Wesley Dykes Survey, Abstract No. 17, 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 apartment complex located at 6030 North Major 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) twenty-four thousand, two hundred eight (24,208) square foot ten foot (10') wide exclusive water line easement, said easement being a 0.5557 acre tract of land situated in the Wesley Dykes Survey, Abstract No. 17, 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 21st day of July, 2020. - Mayor Becky Ames - STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § WATER LINE EASEMENT THAT, THE WOODLANDS AT BEAUMONT, 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 (S1.00), 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 EXHIBIT "1" 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 BEAUMONC, its successors and assigns forever. EXECUTED this r day. of �� �� , 2020. GRANTOR: THE WOODLANDS AT BEA ON , LLC a Texas limited liability com ny By: JeEffev L. Ki ACKNOWLEDGMENTS 4Ni011WA STATE OF DES § V61AIL-sod § COUNTY OF+bkR -RtS § BEFORE ME, the undersigned authority, on this day personally appeared Jeffrey L. Kittle, Manager of The Woodlands at Beaumont, LLC, a Texas limited liability company, 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 J V L , 2020. Notary Public, State of+eaas .100lft&+IA ('iRy PL�< SEAL NICHOLE R. PERRY Notary Public Hamilton County, State of Indiana %yUIA„P My Commission Expires March 24, 2026 RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" WOODLANDS AT BEAUMONT APRIL 27, 2020 0.5557 OF ONE ACRE JOB NO.6648-00 PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT DESCRIPTION OF A 0.5557 ACRE TRACT OF LAND SITUATED IN THE WESLEY DYKES SURVEY, ABSTRACT NO. 17 CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS BEING a 0.5557 acre (24,208 square foot) tract of land situated in the Wesley Dykes Survey, Abstract No. 17 of the City of Beaumont, Jefferson County, Texas and being a portion of Tract 2-A of TRACTS 2- A AND 2-B 10.035 ACRES OF LAND REPLAT OF LOT 2 RAND ADDITION, a subdivision per plat recorded under Volume 17, Page 249 of the Map Records of Jefferson County (M.R.J.C.), and being a portion of that certain tract of land described in an instrument to The Woodlands at Beaumont, L' LC recorded under File Number 2020012172 of the Official Public -Records of Jefferson County, said 0.5557 acre tract of land described by metes and bounds as follows, with all bearings based on the Texas Coordinate System of 1983 (NAD83), South Central Zone 4204 and referenced to monuments found along the North line of said Tract 2-A as cited herein; EXTERIOR LINE OF PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT COMMENCING at a 5/8-inch iron rod found lying on the East right-of-way line of Major Drive (width varies), being the Southwest corner of GRIFFING VILLA UNIT 1, a subdivision per plat recorded under Volume 14, Page 51 of the M.R.J.C., same being the Northwest corner of said Tract 2-A, from which a 1/2-inch iron rod found for the Northeast corner of said Tract 2-A bears N 86°56'53" E, 660.42 feet; THENCE, S 55°43' 19" E, over and across said Tract 2-A, a distance of 120.66 feet to the POINT OF BEGINNING and the Northernmost Northwest corner of the herein described exterior line; THENCE, continuing over and across said Tract 2-A, the following courses and distances: S 47"57'52" E, a distance of 30.03 feet to a point for corner of the herein described exterior line; N 41°56'53" E, a distance of 21.71 feet to a point for corner of the herein described exterior line; N 86°56'53" E, a distance of 438.12 feet to a point for corner of the herein described exterior line; S 48°03'07" E, a distance of 3.99 feet to a point for corner of the herein described exterior line; N 41 °56'53" E, a distance of 9.03 feet to a point for the Northernmost Northeast corner of the herein described exterior line; S 48°03'07" E, a distance of 10.00 feet to a point for corner of the herein described exterior line; S 41°56'53" W, a distance of 9.03 feet to a point for corner of the herein described exterior line; S 48°03'07" E, a distance of 15.19 feet to a point for the Easternmost Northeast corner of the herein described exterior line; S 03°03'07" E, a distance of 173.04 feet to a point for corner of the herein described exterior line; Page 1 of 5 G:\TXH\PROJECTS\HERMAN KITTLEPROPERTIES\6648- 00_MALLARD ON_MAJOR\06 SURVEY\04 FINALS\MB\0_5557MB1,DOCX EXHIBIT "A" WOODLANDS AT BEAUMONT APRIL 27, 2020 0.5557'OF ONE ACRE JOB NO.6648-00 PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT N 86°56'53" E, a distance of 68.84 feet to a point for corner of the herein described exterior line, lying on the East line of said Tract 2-A, same being a West line of Lot 4 of CLAYBURN PARK, a subdivision per plat, recorded under File Number 2015032401 of the Official Public Records of Jefferson County; THENCE, S 02°59'03" E, along and with the West line of said Lot 4, a distance of 10.00 feet to a point for corner of the herein described exterior line; THENCE, over and across said Tract 2-A, the following courses and distances: S 86°56'53" W, a distance of 68.83 feet to a point for corner of the herein described exterior line; S 03°03'07" E, a distance of 160.07 feet to a point for corner of the herein described exterior line; N 86°52'54" E, a distance of 35.90 feet to a point for corner of the herein described exterior line; S 03°07'06" E, a distance of 10.00 feet to a point for corner of the herein described exterior line; S 86°52'54" W, a distance of 35.91 feet to a point for corner of the herein described exterior line; S 03°03'07" E, a distance of 150.49 feet to a point for corner of the herein described exterior line; S 41°56'53" W, a distance of 28.75 feet to a point for corner of the herein described exterior line; S 86°56'53" W, a distance of 50.64 feet to a point for corner of the herein described exterior line; S 03°07'47" E, a distance of 104.76 feet to a point for the Southeast corner of the herein described exterior line, lying on a South line of said Tract 2-A, same being the North right-of-way line of State Highway 105 (width varies); THENCE, S 86014'40" W, along and with a South line of said Tract 2-A and said North right-of-way line, a distance of 19.98 feet to a point for the Southwest corner of the herein described exterior line; THENCE, over and across said Tract 2-A the following courses and distances: N 03°24'56" W, a distance of 20.28 feet to a point for corner of the herein described exterior line; N 86"52'13" E, a distance of 10.08 feet to a point for corner of the herein described exterior line; N 03°07'47" W, a distance of 84.70 feet to a point for corner of the herein described exterior line; S 86°56'53" W, a distance of 26.61 feet to a point for corner of the herein described exterior line; N 47°36'04" W, a distance of 18.40 feet to a point for corner of the herein described exterior line; Page 2 of 5 G:\TXH\PROJ ECTS\HERMAN KITTLEPROPERTIES\6648- 00_MALLARD ON MAJOR\06 SURVEY\04 FINALS\MB\0 5557MBI.DOCX EXHIBIT "A" WOODLANDS AT BEAUMONT APRIL 27, 2020 0.5557 OF ONE ACRE JOB NO.6648-00 PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT N 03°03'07" W, a distance of 115.78 feet to a point for corner of the herein described exterior line; N 47°36'04" W, a distance of 5.10 feet to a point for corner of the herein described exterior line; S 42°23'56" W, a distance of 7.05 feet to a point for corner of the herein described exterior line; N 47°36'04" W, a distance of 10.00 feet to a point for corner of the herein described exterior line; N 42°23'56" E, a distance of 2.12 feet to a point for corner of the herein described exterior line; S 86°56'53" W, a distance of 333.79 feet to a point for corner of the herein described exterior line; N 48°03'07" W, a distance of 10.17 feet to a point for corner of the herein described exterior line; S 42°21'22" W, a distance of 20.90 feet to a point for corner of the herein described exterior line; N 47°38'38" W, a distance of 10.00 feet to a point for corner of the herein described exterior line; N 42°2122" E, a distance of 20.83 feet to a point for corner of the herein described exterior line; N 48°03'07" W, a distance of 34.98 feet to a point for corner of the herein described exterior line; N 03103'07" W, a distance of 177.08 feet to a point for corner of the herein described exterior line; S 86'55' 19" W,.a distance of 83.74 feet to a point for corner of the herein described exterior line, lying on the West line of said Tract 2-A, same being the East right-of-way of said Major Drive; THENCE, N 03°04'41" W, along and with the West line of said Tract 2-A and East right-of-way of said Major drive, a distance of 10.00 feet to a point for corner of the herein described exterior line; THENCE, over and across said Tract 2-A the following courses and distances: N 86°55'19" E, a distance of 83.75 feet to a point for corner of the herein described exterior line; N 03003107" W, a distance of 133.66 feet to a point for corner of the herein described exterior line; N 41 °56'53" E, a distance of 37.06 feet to a point for corner of the herein described exterior line; N 47°57'52" W, a distance of 30.05 feet to a point for corner of the herein described exterior line; Page 3 of 5 G:\TXH\PROJ ECTS\H ERMANKITTLEPROPERTIES\6648- 00_MALLARD_ON_MAIOR\06 SURVEY\04 FINALS\MB\0_5557MBI.DOCX EXHIBIT "A" WOODLANDS AT BEAUMONT APRIL 27, 2020 0.5557 OF ONE ACRE JOB NO.6648-00 PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT N 42°02'08" E, a distance of 10.00 feet to the POINT OF BEGINNING of the herein described exterior line. INTERIOR LINE OF PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT COMMENCING at a 5/8-inch iron rod found lying on the East right-of-way line of said Major Drive, being the Southwest -comer of said GRIFFING VILLA UNIT 1, same being the Northwest corner of said Tract 2-A, from which a 1/2-inch iron rod found for the Northeast corner of said Tract 2-A bears N 86°56'53" E, 660.42 feet; THENCE, S 38029'55" E, over and across said Tract 2-A, a distance of 161.86 feet to the POINT OF BEGINNING Westernmost Northwest corner of the herein described interior line; THENCE, continuing over and across said Tract 2-A the following courses and distances: N 41 °56'53" E, a distance of 60.49 feet to a point for the Northernmost Northwest corner of the herein described interior line; N 86°56'53" E, a distance of 429.84 feet to a point for the Northernmost Northeast corner of the herein described interior line; S 48°03'07" E, a distance of 15.74 feet to a point for corner of the herein described interior line; S 86°56'53" W, a distance of 15.95 feet to a point for comer of the herein described interior line; S 03°03'07" E, a distance of 10.00 feet to a point for corner of the herein described interior line; N 86°56'53" E, a distance of 19.59 feet to a point for corner of the herein described interior line; S 03°03'07" E, a distance of 276.85 feet to a point for corner of the herein described interior line; S 86'47' 19" W, a distance of 20.48 feet to a point for corner of the herein described interior line; S 03° 12'41" E, a distance of 10.00 feet to a point for corner of the herein described interior line; N 86'47' 19" E, a distance of 20.45 feet to a point for corner of the herein described interior line; S 03 °03'07" E, a distance of 202.11 feet to a point for the Easternmost Southeast corner of the herein described interior line; S 41 °56'53" W, a distance of 20.47 feet to a point for the Southernmost Southeast corner of the herein described interior line; S 86°56'53" W, a distance of 78.93 feet to a point for the corner of the herein described interior line; Page 4 of 5 G:\TXH\PROJECTS\HERMANKITT LEPROPE RTIES\6648- 00 MALLARD ON MAJOR\06 SURVEY\04 FINALS\MB\0 5557MBI.DOCX EXHIBIT "A" WOODLANDS AT BEAUMONT APRIL 27, 2020 0.5557 OF ONE ACRE JOB NO.6648-00 PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT N 47°36'04" W, a distance of 10.11 feet to a point for corner of the herein described interior line; N 03°03'07" W, a distance of 115.78 feet to a point for corner of the herein described interior line; N 47°36'04" W, a distance of 18.53 feet to a point for corner of the herein described interior line; S 86°56'53" W, a distance of 340.75 feet to a point for the Southernmost Southwest corner of the herein described interior line; N 48°03'07" W, a distance of 46.87 feet to a point for the Westernmost Southwest corner of the herein described interior line; N 03°03'07" W, a distance of 125.10 feet to a point for corner of the herein described interior line; N 86°56'53" E, a distance of 18.49 feet to a point for of the herein described interior line; N 03°03'07" W, a distance of 10.00 feet to a point for corner of the herein described interior line; S 86°56'53" W, a distance of 18.49 feet to a point for corner of the herein described interior line; N 03°03'07" W, a distance of 177.36 feet to the POINT OF BEGINNING of the herein described interior line; All of the land contained within the herein described exterior line and the herein described interior line comprising of 0.5557 of one acre (24,208 square feet) of land. The above description is not to be used for fee conveyance. Sean Conley RPLS No. 6739 BGE, Inc. 10777 Westheimer Road, Suite 400 Houston, Texas 77042 Telephone: (281) 558-8700 TBPLS Licensed Surveying Firm No. 10106500 Page 5 of 5 G:\TXH\PROJECTS\HERMANKITTLEPROPE RTIES\6648- 00 MALLARD ON_MAJOR\06 SURVEY\04_FINALS\MB\0 5557MBI.DOCX P.O.B. EXTERIOR LINE OF PROPOSED 10' WIDE W.L.E. r--------------I DETAIL A 1'=50' I I tK I �R� o I 1n w I I �Q I .tK �� I > P.O.B. I Q F 0.0' INTERIOR LINE OF I �' § 1PROPOSED 10' WIDE W.L.E. O ----------------� ti I D1 TA5LO B 5 I I L I I �6' I L47 L8 P.O.C. EXTERIOR AND INTERIOR LINE OF PROPOSED 10' WIDE W.L.E. rP.O.B. EXTERIOR LINE OF 1 PROPOSED 10' WIDE W.L.E. 1 2 y1 Cif 1 CALLED TRACT 2-A LESS AND EXCEPT A CALLED 0.0364 ACRES THE WOODLANDS AT BEAUMONT, LLC �Q .:'''• N 86'56'5.3 s •. �' — L N 86'56 53' E 429.84 SEE DEATIL A rn TRACT 2-A P.O.B. � INTERIOR LINE OF 10.0' J J PROPOSED 10' WIDE W.L.E. J ,e L38 L65 A pNq �r1D r L64 0 3 L52 DEATIL B 4 p A¢� G�p00 N 0 200 L11 CALLED 0.0364 ACRES —1 BERRYHILL PROPERTIES, LP o L48 L49 3 o L63 0 D L53 J �D R��D Ao 1 L54 �n z Q LEGEND o L50 10'0 I SEE DETAIL D SEE DETAIL C J J a - - P.O.B. POINT OF BEGINNING I z z 340.75 I S 86'56'53" W ,n L16 = P.O.C. POINT OF COMMENCING — — — — — - I__ J S 86.56 53 W L J J L56 o = w o m R.O.W. FT. RIGHT-OF-WAY SQUARE FEET DETAIL C x w 333.79' N w SQ. V=30' I `'� -RAC 2-B J L58 m 1-- W.L.E. WATER LINE EASEMENT L57 o w Z I? -PROPERTY LINE I I DETAIL D I I I I I — — — — — — — — — — — I ).5557 ACRES 0'oA L25 L19- Q 24,208 SQ. FT. ADD L24 1 23 0 L — PROPOSED 10' LOT 1 WIDE W.L.E. EXISTING R.O.W. L22 L21 STATE HIGHWAY 105 (R.O,W, WIDTH VARIES) CALLED 0.1033 ACRES B.T. RANDOIL MPANY EXISTING OW- EXHIBIT "B" NOTE: 1. THIS EXHIBIT IS FOR GRAPHICAL PURPOSES ONLY IN RELATION TO THE PROPOSED EASEMENT(S) SHOWN HEREON AND IS NOT A BOUNDARY SURVEY NOR SHALL IT BE CONSTRUED IN ANY WAY AS A BOUNDARY SURVEY. 2. SEE PAGE 2 OF 2 FOR LINE TABLE. LINE TABLE NUMBER BEARING DISTANCE L1 S 55'43'19" E 120.66' L2 S 47'57'52" E 30.03' L3 N 41'56'53" E 21.71' L4 S 48'03'07" E 3.99' L5 N 41'56'53" E 9.03' L6 S 48'03'07" E 10.00' L7 S 41'56'53" W 9.03' L8 S 48'03'07" E 15.19' L9 S 03'03'07" E 173.04' L10 N 86'56'53" E 68.84' L11 S 02'59'03" E 10.00' L12 S 86'56'53" W 68.83' L13 S 03'03'07" E 160.07' L14 N 86'52'54" E 35.90' L15 S 03'07'06" E 10.00' L16 S 86'52'54" W 35.91' L17 S 03'03'07" E 150.49' L18 S 41'56'53" W 28.75' L19 S 86'56'53" W 50.64' L20 S 03'07'47" E 104.76' L21 S 8614'40" W 19.98' L22 N 03'24'56" W 20.28' L23 N 86'52'13" E 10.08' L24 N 03'07'47" W 84.70' L25 S 86'56'53" W 26.61' LINE TABLE NUMBER BEARING DISTANCE L26 N 47'36'04" W 18.40' L27 N 03'03'07" W 115.78' L28 N 47'36'04" W 5.10' L29 S 42'23'56" W 7.05' L30 N 47'36'04" W 10.00' L31 N 42'23'56" E 2.12' L32 N 48'03'07" W 10.17' L33 S 42'21'22" W 20.90' L34 N 47'38'38" W 10.00' L35 N 42'21'22" E 20.83' L36 N 48'03'07" W 34.98' L37 N 03'03'07" W 177.08' L38 S 86'55'19" W 83.74' L39 N 03'04'41" W 10.00' L40 N 86"55'19" E 83.75' L41 N 03'03'07" W 133.66' L42 N 41'56'53" E 37.06' L43 N 47'57'52" W 30.05' L44 N 42'02'08" E 10.00' L45 S 38'29'55" E 161.86' L46 N 41'56'53" E 60.49' L47 S 48'03'07" E 15.74' L48 S 86'56'53" W 15.95' L49 S 03'03'07" E 10.00' L50 N 86'56'53" E 19.59' LINE TABLE NUMBER BEARING DISTANCE L51 S 03'03'07" E 276.85' L52 S 86'47'19" W 20.48' L53 S 03"2'41" E 10.00' L54 N 86'47'19" E 20.45' L55 S 03'03'07" E 202.11' L56 S 41'56'53" W 20.47' L57 S 86'56'53" W 78.93' L58 N 47'36'04" W 10.11' L59 N 03'03'07" W 115.78' L60 N 47'36'04" W 18.53' L61 N 48'03'07" W 46.87' L62 N 03'03'07" W 125.10' L63 N 86'56'53" E 18.49' L64 N 03'03'07" W 10.00' L65 S 86'56'53" W 18.49' L66 N 03'03'07" W 177.36' EXHIBIT "B" BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, DULY 21, 2020 1:30 PM 9.10M CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda item No. 1/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider amending Ordinance No. 20-028 related to the Public Health Emergency Disaster Orders for the City of Beaumont and opening certain City facilities PUBLIC HEARING Receive comments related to the Community Development Block Grant - Mitigation (CDBG-MIT) Program and the submission of an application to the General Land Office (GLO) for a Texas Community Development Block Grant — Mitigation (CDBG-MIT) grant WORK SESSION Review and discuss the City's General Obligation Bonds; Certificates of Obligation; Revenue Bonds; Other Debt Issues and possible refunding opportunities COMMENTS * Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Bertha Jackson 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. TEXAS GOVERNMENT CODE §2254.1036 NOTICE; ACTION APPROVING CONTINGENCY FEE CONTRACT WITH LINEBARGER, GOGGAN, BLAIR & SAMPSON, LLP The City of Beaumont has a substantial need for legal services to be provided to collect debts and accounts receivable such as unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by the Municipal Court; The City of Beaumont has identified the law firm of Linebarger, Goggan, Blair & Sampson, LLP as a firm with the competence, qualifications and demonstrated experience to provide the necessary collection services; .past; The Linebarger Firm has provided these services to the City of Beaumont in the These legal services cannot be adequately performed by the attorneys and supporting personnel of the City of Beaumont at a reasonable cost; These legal services cannot reasonably be obtained from attorneys in private practice under a contract providing only for the payment of hourly fees, without regard to the outcome of the matter, because of the nature of the collection authorized by Texas Code of Criminal Procedure Art. 103.0031 and because the City of Beaumont does not have the funds to pay the estimated amount required under a contract only for the payment of hourly fees; It is in the best interest of the citizens of Beaumont to enter into a contingency fee contract with the law firm of Linebarger, Goggan, Blair & Sampson, LLP to perform the legal services required because of the nature of the collection process requiring specialized legal services which Linebarger, Googan, Blair & Sampson, LLP has the demonstrated competence to provide. 1 July 21, 2020 Consider amending Ordinance No. 20-028 related to the Public Health Emergency Disaster Orders for the City of Beaumont and opening certain City facilities BEAUMONT TEXAS TO: FROM: MEETING DATE: REQUESTED ACTION: BACKGROUND City Council Kyle Hayes, City Manager July 21, 2020 Council consider amending Ordinance No. 20-028 related to the Public Health Emergency Disaster Orders for the City of Beaumont and opening certain City facilities. On June 23, 2020, the City Council amended the Emergency Disaster Orders for the City of Beaumont to allow for the opening of all previously closed City facilities on or before July 31, 2020, with the exception of the Lakeside Center. Councilmembers Samuel and Mouton have requested that this item be placed on the agenda to reconsider the opening of certain facilities. ORDINANC&NO. 20-028 ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING ORDINANCE 20-020 TO AMEND THE PUBLIC HEALTH EMERGENCY DISASTER ORDERS FOR THE CITY OF BEAUMONT; OPENING CERTAIN .CITY FACILITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY AND PROVIDING FOR REPEAL. WHEREAS, on the 16t' day of March 2020, the Mayor issued a Proclamation, as was amended March 19, 2020 and March 23, 2020, declaring a State of Disaster for the City of Beaumont, Texas resulting from the imminent threat to the public health and the potential loss of life from the spread of COV1D-19 in the City of Beaumont; and, WHEREAS, the City Council, on March 23, 2020, passed Ordinance No. 20-010 extending the Declaration of Local Disaster due to public health emergency until such time as the Declaration is terminated by Ordinance of the City Council; and, WHEREAS, Governor Abbott recently issued Executive Orders relating to the expanded reopening of services as part of a safe, strategic plan to Open Texas in response to the COVID-19 pandemic; and, WHEREAS, the Executive Orders suspend the applicable provisions of the Texas Government Code Chapter 418 and any other relevant statutes to the extent that local officials do not impose restrictions inconsistent with the Governor's Orders, provided that local officials may enforce the Executive Orders as well as local restrictions that are consistent with the Executive Orders; and, WHEREAS, the City Council, on May 5, 2020, passed Ordinance No. 20-018 amending Ordinance No. 20-010 to amend the Public Health Emergency Disaster Orders for the City of Beaumont deferring to the Executive Orders of the Governor and opening certain City facilities; and, WHEREAS, the City Council, on May 26, 2020, passed Ordinance No. 20-020 amending Ordinance No. 20-018 to amend the Public Health Emergency Disaster Orders for the City of Beaumont opening certain City facilities; and, WHEREAS, it is in the best interest of the citizens of Beaumont to further amend the City of Beaumont Declaration of Local Disaster Orders to address the opening of additional facilities in the City of Beaumont while minimizing the spread of COVID-19; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. THAT Ordinance No. 20-018 amending Ordinance No. 20-010 extending the declared State of Local Disaster be amended to further amend the adopted Declaration Orders as follows: That the March 23, 2020 amendment to the Declaration, attached hereto as Exhibit "A," as amended, is hereby further amended to allow for the opening of all previously closed City facilities on or before July 31, 2020, with'the exception of the Lakeside Center. The operation of City facilities are to be in compliance with the minimum standard health protocols outlined by.the Texas Department of State Health Services (DSHS) and the Center for Disease Control and Prevention (CDC) guidelines. Section 2. The City of Beaumont suspends the charging and collection of all fares for service for the Beaumont Municipal Transit System. Beaumont Municipal Transit shall enforce the social distancing requirements. Travel shall be limited to the essential travel as outlined herein. Section 3. Temporary Outdoor Restaurant Operations Permit: The City of Beaumont will allow the use of outdoor seating in parking lot areas of restaurants using tents, umbrellas or other covering upon application and the issuance of a permit. Section 4. That the proclaimed State of Public Health Disaster for the City of Beaumont shall continue in effect until terminated by the City Council. Section 5. 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 6. Any person who shall violate any provision of this ordinance shall be deemed guilty. of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense. Section 7. This ordinance is passed as an emergency measure and pursuant to local authority for emergency measures -and shall become effective immediately upon its approval. 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 23rd day of June, 2020. 01" .0"V� Y&W - M yor Becky Ames - CITY OF BEAUMONT SECOND AMENDED DECLARATION OF LOCAL DISASTER DUE TO PUBLIC HEALTH EMERGENCY WHEREAS, on March 16, 2020, pursuant to Texas Government Code, Section 418.108(b), the Mayor, as Emergency Management Director, declared for the City of Beaumont a local disaster due to public health emergency caused by the threat of the transmission and spread of COMD-19 In the City of Beaumont; and, WHEREAS, due to the ongoing threat of the spread of the COVID-19 virus and the need to update measures to reduce the potential of exposure and transmission .of the disease, it Is necessary to amend the Declaration of Local Disaster; NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF BEAUMONT, TEXAS: THAT the March 16, 2020 Declaration of Local Disaster as amended March 19, 2020 be amended and supplemented as follows: Section 1. Clty Facilities, In keeping with the directives of the CDC, the following City facilities will be closed to the public: City Hall, the Downtown Library, Tyrrell Historical Library, Civic Center, Event Centre, Julie Rogers Theatre, Jefferson Theatre, Lakeside Center, Sterling Ffrulit Center, community centers, Athletic Complex, Tennis Center, the Municipal Court and the Convention and Visitors Bureau facility. The City Council will consider these closdres at the Council meeting held Monday, March.23, 2020 In the City Councfl Chambers at 1:30 p.m. The following facilities, will remain open to the public for normal operations: Henry Homberg Goff Course, Municipal Transit, City parks, Elmo Willard Library, Theodore Johns Library, and the Miller Library, No special events .will be scheduled at these facilities. Section 2. That the operation of the competitive bidding requirements of the City of Beaumont are .hereby suspended and removed for a period of ninety (90) days from and after March 23, 2020, unless the State of Disaster Is earlier terminated, provided however, that Insofar as practical bids, quotations, or estimates -of material, labor and other costs for purchases, goods, works, and the like described shall be diligently solicited and procured before entering into contracts therefore and such contract, if awarded, shall be made to the lowest, best or expedient bid, quotation, or estimate received. The determination of the lowest, best, or expedient bid, quotation, or estimate shall be within the sole discretion of the City Manager or his designee and his decision shall be final. Section 3. This amendment and supplement shall take effect Immediately upon signing. EXHIBIT "A° -- I 0 PUBLIC HEARING * Receive comments related to the Community Development Block Grant - Mitigation (CDBG-MIT) Program and the submission of an application to the General Land Office (GLO) for a Texas Community Development Block Grant —Mitigation (CDBG-MIT) grant WORK SESSION Review and discuss the City's General Obligation Bonds; Certificates of Obligation; Revenue Bonds; Other Debt Issues and possible refunding opportunities