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HomeMy WebLinkAbout10/13/2020 PACKETBEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, OCTOBER 13, 2020 1:30 PM CONSENT AGENDA * Approval of minutes — October 6, 2020 * Confirmation of board and commission member appointments A) Authorize the City Manager to execute a lease agreement with the Beaumont Children's Museum B) Approve the purchase of two mowers and three utility tractors for use in various City Departments C) Approve a contract for the grounds maintenance of Martin Luther King, Jr. Parkway D) Approve the repairs to a compactor used at the Landfill E) Approve an annual maintenance agreement with SHI Government Solutions, Inc. for Microsoft Office 365 that is used by all city departments F) Authorize the City Manager to execute a Correction Special Warranty Deed to Stedman Ventures, Inc. G) Authorize the City Manager to execute an Interlocal Agreement with Jefferson County L1 UANIV _ ILTA TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: October 13, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a lease agreement with the Beaumont Children's Museum. BACKGROUND The Administration is proposing a new five year lease with the Children's Museum. The Museum will pay $500.00 per month to the City for the leased area within the Civic Center. The Children's Museum is a great attraction within the Central Business District and the Administration is very pleased with the relationship. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a five (5) year Lease Agreement with the Beaumont Children's Museum (BCM), a non-profit corporation, for use of a designated area of the Beaumont Civic Center. The Lease 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 13th day of October, 2020. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § LEASE AGREEMENT This Lease Agreement is entered into this the day of , 2020, by and between the City of Beaumont, a municipal corporation of the State of Texas (hereinafter referred to as "City"), and The Beaumont Children's Museum, a nonprofit corporation of the State of Texas (hereinafter referred to as "BCM"). WITNESSETH: WHEREAS, BCM desires to use a specific designated area of the Beaumont Civic Center building owned by the City as a children's museum for the benefit of the citizens of Beaumont and Southeast Texas; and WHEREAS, City can make available the designated area of the Beaumont Civic Center (hereinafter "Facilities") as described in Exhibit "A" attached hereto for purposes of a children's museum and related fundraising and publicity events during all terms of this agreement; and WHEREAS, BCM shall operate separately from the City as an independent contractor. NOW, THEREFORE, IN CONSIDERATION of the mutual promises herein contained City and BCM agree as follows: 1. CITY COMMITMENT 1.1. City will provide to BCM the use of the Facilities and allow for parking in the North Civic Center parking lot. 1.2. The Facilities will be made available for a period of five (5) years after the date of execution of this Agreement. 2. BCM COMMITMENTS 2.1. BCM will be solely responsible for providing funding for the daily operations and any renovations including, but not limited to, construction costs, architectural fees, and engineering fees necessary to accommodate the museum facilities. All renovations to the Civic Center to accommodate the museum shall be subject to the approval of the City Manager or his designee. I EXIIIBIT " 1 " 2.2. BCM will retain an engineer or architect licensed in the State of Texas to prepare construction drawings and specifications for any construction and provide contract management for the entire project. The plans and specifications for the project shall be subject to the approval of the City Manager or his designee. 2.3. BCM will be responsible for completing the renovations and construction of the museum facilities in accordance with all laws and ordinances applicable to such construction. 3. LEASE AGREEMENT 3.1. As lease rental for the Facilities, BCM agrees to pay the City the sum of Five Hundred Dollars ($500.00) per month. Payments will be paid based on invoicing from the City. 3.2 BCM shall use and occupy the Facilities as a children's museum and for related purposes, including, but not limited to, educational, civic, fundraising, and museum related entertainment purposes. BCM agrees to operate the Facilities as a children's museum during the full term of this Lease. Should BCM fail to continue to use the premises for these intended public purposes, the Lease shall terminate and the City shall be allowed to retake the premises. 3.3. BCM will comply with any and all laws, ordinances, rules, orders, and regulations of any governmental authority which are applicable to BCM's operations in and on the Facilities. BCM will operate under guidelines for museums as a separate entity from the City. 3.4. Nothing contained herein shall prevent BCM from charging an admission price for persons to attend events at the museum or to use and charge for the museum facilities for related events. City Administration shall be allowed to use the Facilities when available for no charge for official City of Beaumont business two (2) times per year. 3.5. During the term of this Lease, BCM shall not, without first obtaining the written consent of the City's City Manager or his designee, make ay alterations, additions, or improvements in, to or about the Facilities, provided, however, that such consent shall not be unreasonably withheld. Any work done by BCM in, to or about the Facilities shall be done in a good workman -like manner and without impairing the structural integrity of the building and in compliance with all applicable codes, ordinances and laws and no liens shall attach to the Facilities. Similarly, during the term of this Lease. City will not, without first obtaining the written consent of BCM make any alterations, additions, or improvements in, to or about the Facilities; provided, however, that such consent shall not be unreasonably withheld. 3.6. BCM shall not do or suffer anything to be done in or about the Facilities which will increase the rate for fire and extended coverage insurance on the Facilities. 2 3.7. Upon termination of this Lease under any provisions of this Lease other than on a default on the part of BCM, BCM shall be entitled to remove all of the furniture, furnishings and other property of BCM located on the premises. 3.8. BCM shall procure and maintain all insurance which it deems necessary for its protection against loss of or damage to any property in or on the Facilities. 3.9. Either party may terminate this Lease with a ninety (90) day written notice to the other. However, if either party defaults on the performance of any covenants or conditions hereof, such party may give notice of such default to the other and, if such other party does not cure such default within thirty (30) days after such notice, then the non -defaulting party may terminate this Lease by written notice to so terminate. If terminated by the City, City may reenter and take possession of the Facilities or remove all persons and property there from without being deemed guilty of any manner of trespass. 3.10. The failure of either party to insist on strict performance of any covenant or condition hereof or to exercise any option or election herein contained shall not be construed as a waiver of such covenant, condition, option or election. In any other instance, this Lease cannot be changed, amended or terminated orally. 3.11. During the term of this Lease, BCM shall be responsible for all general building maintenance and upkeep of the Facilities. Maintenance, as used herein, shall mean replacement of luminaries, repair of constructed features, replacement of floor coverings, and interior painting. City will be responsible for janitorial services, structural walls, foundation, roof, exterior windows, HVAC system operation, major plumbing repairs, and the structural integrity of the Facilities. BCM will be responsible for television, internet, or other cable communication devices and services. 3.12. BCM will have control of the use of the Facilities throughout the term of this Lease and, thus, may allow the Facilities to be used by others when available on terms and conditions to be decided by BCM; as long as the intended public purpose is maintained. However, BCM may not assign or sublease its obligations under this Lease without the prior written consent of the City Manager. 3.13. BCM shall provide broad form liability insurance (including contractual coverage) naming the City as an additional insured for all uses of the Facilities with aggregate limits of less than $1 million. A copy of same shall be filed with the City annually. 3.14. The provisions of this Lease shall apply to, bind and inure to the benefit of City and BCM and their respective successors and assigns; provided, however, that the inclusion of assigns in this sentence shall not be construed to permit an assignment contrary to any other provision or covenant this lease. 3 3.15. This Lease an any and all amendments, modifications or other writings pertaining thereto shall be construed under and pursuant to the laws of the State of Texas 3.16. In the event that any provision hereof or the application thereof to any person or circumstances shall be judged invalid or unenforceable, the remainder of this Lease or the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and each term and provision of this Lease shall be valid and enforced to the fullest extent permitted by law. 3.17. In construing this Lease, masculine or feminine pronouns shall be substituted for those neuter in form and vice versa and plural terms shall be substituted for singular and singular for plural in any place which the context so requires. 3.18. Any notice required hereunder shall be given in writing and shall be deemed to have been duly given only if delivered personally or sent by registered or certified United States mail, return receipt requested, in a postpaid envelope property addressed to the party entitled to receive such notice. Notices shall be sent to the following addresses: City: City Manger City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 IC RA Executive Director The Beaumont Children's Museum P.O. Box 7293 Beaumont, Texas 77726-7293 3.19. City shall be provided keys to the Facilities and may enter the Facilities after providing BCM with 24-hour notice in non -emergency situations. In the event of an emergency City will give reasonable notice prior to entering the Facilities. 3.20. This Agreement and Lease may only be amended by the parties in writing and will only be considered valid once executed by BCM and the City Manager as authorized by the City Council. 3.21. BCM agrees to indemnify and hold harmless and defend City its officers, agents, and employees from and against all liability for claims, liens, suits, demands, and/or actions for damages, injuries to person (including death), property damage, (including lose of use), and expenses including court costs and attorney's fees, and reasonable costs arising out of or resulting from BCM's activities in the Facilities, expressly including negligence of City officers, agents, employees, or invites. 3.22. BCM shall have the right to erect, paint, or place exterior signs on the property and Facilities only with the approval of the City Manager or his designee. 4 3.23. If the performance of any other covenant, agreement, obligation or undertaking herein contained is delayed or made impossible or impracticable (after the party obligated or permitted under the terms hereof to do or perform the same has made a good -faith effort to avoid delay) by reason of war, government regulations or government interferences, pandemic, fire or other casualty man made or natural or any circumstance similar to any of those enumerated or not, each party will be excused from and not considered to have breached the doing or performing the same during such period of delay and relieved of any obligation to perform for reasons of impossibility or impracticality. IN WITNESS WHEROF, BCM and City have executed or cause to be executed by the duly authorized officers or agents this Lease, all as of the day and year first above written. CITY OF BEAUMONT THE BEAUMONT CHILDREN'S MUSEUM Kyle Hayes, City Manager Amanda Yarbrough, Executive Director 5 CITY OF BEAUMONT EXHIBIT "A" BEAUMONT FACILITIES MAINTENANCE DNISION W 0 oROOM A BREAK ELEC. a CORRIDOR CORRIDOR CORRIDOR N W W Q za V u% UJ W H V Z JAN. MEETING ROOM MEETING ROOM MEETING ROOM MEETING ROOM i z MEETING ROOM 0 Q WW z W ISSUED FOR ow APPROVED ffY PROJECT NO. PARTIAL FLOOR PLAN """' A-1 L$L � : I tAIll IZ A 1*1 TEXAS TO: City Council FROM: Kyle Hayes. City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 13. 2020 REQUESTED ACTION: Council consider a resolution approving the purchase of two mowers and three utility tractors for use in various City Departments. BACKGROUND One Kubota Z700 mower in the amount of $9,151.10 will be purchased for use in the Parks & Recreation Department - grounds maintenance. This will replace unit 4l 13, a 2014 Exmark, which has exceeded the expected service life and will be disposed of in accordance with the City's surplus equipment policy. One Kubota ZD1200 mower in the amount of $15,579.06 will be purchased for use in the Parks & Recreation Department — highway maintenance. This will be additional equipment added to existing inventory. One Kubota MX5400 utility tractor in the amount of $28,131.43 will be purchased for use in the Parks & Recreation Department - golf course. This will replace unit 5000, a 2006 New Holland TC30 Tractor, which has exceeded the expected service life and will be disposed of in accordance with the City's surplus equipment policy. One Kubota MX5400 Utility tractor in the amount of $29,451.94 will be purchased for use in the Facilities Maintenance Department — Event Center grounds maintenance. This will be additional equipment added to existing inventory. One Kubota M706OHDC utility tractor in the amount of $36,218.71 will be purchased for use in the Solid Waste Department. This will replace unit 4343, a 1999 John Deere 5310 tractor, which has exceeded the expected service life and will be disposed of in accordance with the City's surplus equipment policy. Total pricing, in the amount of $118,532.24, was obtained from Kubota Tractor Corporation, of Grapevine, Texas, through the BuyBoard contract. BuyBoard is a cooperative purchasing association that complies with the State of Texas' procurement statutes. FUNDING SOURCE Capital Reserve Fund ($82,313.53). Solid Waste Fund ($36,218.71). 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) mowers and three (3) utility trailers for use by the various City departments from Kubota Tractor Corporation of Grapevine, Texas, in the amount of $118,532.24 through the Buyboard Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2020. - Mayor Becky Ames - C BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 13, 2020 REQUESTED ACTION: Council consider a resolution approving a contract for the grounds maintenance of Martin Luther King, Jr. Parkway. BACKGROUND Beaumont Products & Services of Beaumont will provide grounds maintenance of approximately 81 acres of right-of-way and median along Martin Luther King, Jr. Parkway. The maintained area includes both east and west sides of the Parkway, for a distance of approximately 4.9 miles beginning north of IH10 near Plum Street southward to Kingsley Drive and excludes the area between Adams Street and Alabama Avenue which is maintained by Lamar University. Formal bids were requested from thirteen (13) vendors: two responded. Beaumont Products & Services responded with a total annual bid of $99,220. This represents a $15,644.20 increase in the price of this contract over the last contract. Specifications allow for a one year contract with the option of two renewals of one year teens at the same pricing as the awarded contract. Bid tabulation is attached. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were solicited for an annual contract, with two (2) one year options to renew at the same pricing as the awarded contract, to provide grounds maintenance of Martin Luther King, Jr. Parkway; and, WHEREAS, Beaumont Products & Services, of Beaumont, Texas, submitted a bid in the amounts shown on Exhibit 'A" attached hereto, for an estimated total annual cost of $99,220.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Beaumont Products & Services, of Beaumont, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Beaumont Products & Services, of Beaumont, Texas, for an annual contract, with two (2) one year options to renew at the same pricing as the awarded contract, to provide grounds maintenance of Martin Luther King, Jr. Parkway for an estimated total annual cost of $99,220.00 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Beaumont Products & Services, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2020. - Mayor Becky Ames - BEA UMON14c CITY ONT, TEXAS TABULAT _.._. ._ T E JC A 8 PURCOHAS NG DIVISION BID ON Bid Name: Grounds Maintenance for the Martin Luther King, Jr. Parkway Bid Number: TF0820.42 Bid Opening: Thursday, September 24, 2020 LID 2:00 P.M. Contact Person: Terry Welch, Senior Buyer terry.we Ich(tD beaumonttexas. gov Phone: 409-880-3107 Vendor City / State Contact Beaumont Products 8 Services Beaumont, Tx Steve Havard Fax 832-5033 GARDEN OF GETHSEMANE NURSERY & LANDSCAPE, LLC Beaumont, Tx Micheal Alfred Fax:813-2553 Description Work Cycles per year Price per Work Cycle Extended Price (per year) Price per Work Cycle Extended Price (per year) Section I. Entire Work Area 22 $1,100.00 S24,200.00 $1,998.00 S43,956.00 Section 11. Medians and Triangles 44 $400.00 $1 7,600.00 S450.00 $1 9,800.00 All Other Work Area 22 S905.00 $19.910.00 $1,998.00 $43,956.00 Section ILL Medians and Triangles 44 $400.00 $17,600.00 $450.00 $19,800.00 All Other Work Area 22 $905.00 $19,910.00 $1,998.00 S43,956.00 TOTAL BID PRICE $99,220.00 $1 71,468.00 Low qualified bidder is Beaumont Products and Services. NI X LU BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 13, 2020 REQUESTED ACTION: Council consider a resolution approving the repairs to a compactor used at the Landfill. BACKGROUND Unit 5109 is a 2007 Caterpillar 826H Compactor with 19,069 working hours. The transmission and clutch failed and needs a re -build. The re -build would be completed by Mustang Cat of Houston in the amount of $83,097.80. Mustang Cat is a sole source vendor. This work will come with a 36 month/5,000-hour warranty. The unit is used at the Landfill to cover debris to comply with TCFQ regulations. The City currently has two compactors used in the operations at the Landfill. A new compactor, of this size and make, would cost an estimated $720,000. FUNDING SOURCE Fleet 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 the parts and labor necessary for rebuilding of a Caterpillar 826H Compactor for use by the Solid Waste Operations Department by Mustang Cat, of Houston, Texas, a sole source vendor, in the amount of $83,097.80. 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 13th day of October, 2020. - Mayor Becky Ames - 1_# BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: October 13, 2020 REQUESTED ACTION: Council consider a resolution approving an annual maintenance agreement with SHI Government Solutions, Inc. for Microsoft Office 365 that is used by all city departments. BACKGROUND Microsoft Office 365 is currently in -use throughout all the city's departments for access to e- mail, file sharing, online versions of Microsoft Office, and other collaborative tools. The maintenance agreement allows for continued access to all portions of Microsoft Office 365, as well as continued technical support from Microsoft. This agreement, in the amount of $51,762.12, is for an annual period beginning November 1, 2020. Pricing was obtained through the State of Texas Department of Information (DIR). DIR provides cities and political subdivisions with the means to purchase information technology at volume prices contracted under the procurement statues of the State of Texas. FUNDING SOURCE General Fund, Municipal Court Technology Fund, and Water Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an annual Maintenance Agreement with SHI Government Solutions, Inc., of Austin, Texas, through the State of Texas Department of Information Resources (DIR) contract in the amount of $51,762.12 for use by all City Departments for access to Microsoft Office 365 and technical support from Microsoft. 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 13th day of October, 2020. - Mayor Becky Ames - F BEAUMONT TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: BACKGROUND City Council Kyle Hayes, City Manager Bart Bartkowiak, Director of Public Works & Technology Services October 13, 2020 Council consider a resolution authorizing the City Manager to execute a Correction Special Warranty Deed to Stedman Ventures, Inc. On March 30, 2010, City Council passed Resolution No. 10-082 authorizing the acquisition of property from Stedman Ventures, Inc. for the Downtown Event Center and Lake. Texas Regional Title Company research indicates the Special Warranty Deed contained an erroneous property description, which inadvertently described more of Stedman Ventures, Inc.'s land than intended to the City. In order to correct the error, a Correction Special Warranty Deed for Lots 1-6, Tract 2, Block 19, Van Wormer Addition; Abandoned 40 foot street (formerly of the Gulf and Inter -state Railway Company and the Gulf, Beaumont and Kansas City Railway Company), Block 19, Van Wormer Addition and the Abandoned Alley Tract B, Block 18, Van Wormer Addition, Beaumont, Jefferson County, Texas, must be executed between Stedman Ventures, Inc. and the City. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on March 30, 2010, the City Council of the City of Beaumont, Texas passed Resolution No. 10-082 authorizing the acquisition of property from Stedman Ventures, Inc., being Lots 1-6, Tract 2, Block 19, Van Wormer Addition; Abandoned 40 foot Street (formerly of the Gulf and Inter -state Railway Company and the Gulf, Beaumont and Kansas City Railway Company), Block 19, Van Wormer Addition; and, the Abandoned Alley Tract B, Block 18, Van Wormer Addition, Beaumont, Jefferson County, Texas, in the amount of $116,000.00 for the Downtown Event Center and Lake; and, WHEREAS, research determined the Special Warranty Deed contained an erroneous property description, which inadvertently described more of Stedman Ventures, Inc.'s land than was intended to be conveyed to the City; and, WHEREAS, in order to correct the error, Stedman Ventures, Inc. will execute a Correction Special Warranty Deed to the City for Lots 1-6, Tract 2, Block 19, Van Wormer Addition; Abandoned 40 foot Street (formerly of the Gulf and Inter -state Railway Company and the Gulf, Beaumont and Kansas City Railway Company), Block 19, Van Wormer Addition; and, the Abandoned Alley Tract B, Block 18, Van Wormer Addition, Beaumont, Jefferson County, Texas; 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 ordinance are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute all documents necessary for the acceptance of conveyance and a Correction Special Warranty Deed, for the acquisition of property, being Lots 1-6, Tract 2, Block 19, Van Wormer Addition; Abandoned 40 foot Street (formerly of the Gulf and Inter -state Railway Company and the Gulf, Beaumont and Kansas City Railway Company), Block 19, Van Wormer Addition, - and, the Abandoned Alley Tract B, Block 18, Van Wormer Addition, Beaumont, Jefferson County, Texas. The Correction Special Warranty Deed is substantially in the form attached hereto as Exhibit " 1 " 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 13th day of October, 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 ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § CORRECTION SPECIAL WARRANTY DEED That, STEDMAN VENTURES, INC., of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of ONE HUNDRED SIXTEEN THOUSAND AND NO/100 ($116,000.00) DOLLARS and other good and valuable consideration, to it in hand paid by the City of Beaumont, a Municipal corporation, domiciled in 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. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: This conveyance and the following warranty are made expressly SUBJECT TO any and all restrictions, covenants, conditions, easements, rights -of -way, leases and mineral and/or royalty reservations of record, if any, affecting this Property. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the Property, together with all and EXHIBIT "1" singular the rights and appurtenances thereto in any wise belonging, to have and to hold unto Grantee, Grantee's successors and assigns forever. Grantor bind Grantor and Grantor's successors and assigns, to warrant and forever defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part hereof, by, through, or under Grantor, but not otherwise, except as to the reservations from and exceptions to the conveyance and warranty. This deed is made in place of and to correct a Special Warranty Deed from Grantor to Grantee dated March 24, 2010 and recorded under County Clerk's File No. 2010018439 Official Public Records of Jefferson County, Texas, which contained an erroneous property description, which inadvertently described more of Grantor's land than intended and which was purchased by Grantee. This Correction Special Warranty Deed is made by Grantor and accepted by Grantee, is effective as of March 24, 2010, and in all other respects affirms the fonner deed. When the context requires, singular nouns and pronouns include the plural. EXECUTED this the day of October, 2020, but effective as of March 24, 2010. STEDMAN VENTURES, INC., a Texas corporation By: Tom Flanagan, President "Grantor" ACCEPTED AND APPROVED: CITY OF B1;AUMONI', a municipal corporation By: Name: Kyle Hayes Its: City Manager "Grantee" THE STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on this the day of October, 2020. by TOM FLANAGAN, as President of STEDMAN VENTURES. INC., a 'Texas corporation, on behalf of said corporation. Notary Public. State of Texas TIIE STATE OF TEXAS COUNTY OF JEFFERSON "Phis instrument was acknowledged before me on this the _ day of October, 2020. by Kyle Hayes as City Manager of CITY OF BEAUMONT. a municipal corporation, on behalf of said city. Notary Public. State of Texas AFTER RECORDING, RETURN TO: ANTOINETTE HARDY City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 EXHIBIT "A" (Page 1 of 2) City of Beaumont Parking Lot Legal Description: 0.8965 Acre Tract or Parcel of Land Out of and Part of Lots 1 through 6, Block 18 All of Lots 7 through 12, Block 18 Van Wormer Addition Volume 1, Page 16, Map Records Out of and Part of an Abandoned Unnamed Street Right -of -Way Noah Tevis League, Abstract No. 52 Beaumont, Jefferson County, Texas BEING a 0.8965 acre tract or Parcel of land situated in the Noah Tevis League, Abstract No. 52, Jefferson County, Texas and bem� out of and part of Lots 1 through 6, Block 19 of the Van Wormer Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 1, Page 16, Map Records, Jefferson County, Texas and out of and part of the abandoned portion of Trinity Street (based on a width of 61.11 feet) as described in City of Beaumont Ordinance No. 88-41 as recorded in Film Code No. 102-26-0383, Official Public Records of Real Property, Jefferson County, Texas and being out of and part of that vacated and abandoned unnamed street right-of-way which extends in a Northeasterly direction from Jefferson Street, being bound on the North by Blocks 18 and 19 of Van Wormer Addition and on the South by Block 9 of McMillan Addition as described in City of Beaumont Ordinance No. 8844 as recorded in Film Code No. 102-26-0392, Official Public Records of Real Property, Jefferson County, Texas and being out of and part of that certain called 2.187 acre tract, identified as TRACT TWO, as described in an "Assumption Deed" from The Stedman Building Venture to Stedman Ventures, Inc. as recorded in Film Code No. 103-15-2142, Official Public Records of Real Property, Jefferson County, Texas, said 0.8965 acre tract being more particularly described as follows: NOTE: All bearings are referenced to the Northwesterly right-of-way line of Bowie Street as SOUTH49°25'00" WEST as recorded in Clerk's File No. 2019002715, Official Public Records of Real Property, Jefferson County, Texas. All set 518" iron rods set with caps stamped "M. W. Whiteley &Associates". COMMENCING at a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found under a brick paver for the most Northerly comer of Lot 1, Block 18 of the said Van Wormer Addition, said comer also being the most Northerly corner of that certain called 1.2157 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from Michael D. Matthews to C & W Rentals, L.L.C. as recorded in Clerk's File No. 2019002980, Official Public Records of Real Property, Jefferson County, Texas and being the intersection of the Southeasterly right-of- way line of Crockett Street (based on a width of 61.11 feet) and the Southwesterly right-of-way line of Neches Street (based on a width of 61.11 feet) and from said corner a 3" concrete monument found at the intersection of the centerline of Crockett Street and Neches Street bears NORTH 04°28'51" EAST a distance of 43.18 feet; THENCE SOUTH 4003735" EAST, along and with the Northeasterly line of the said Block 18 and the Southwesterly right-of-way line ofNeches Street, for a distance of 80.06 feet to a 5/8" iron with a cap stamped "M.W. Whiteley & Associates" found under a brick paver found for the most Easterly corner of the said 1.2157 acre C & W Rentals, L.L.C. tract and the most Northerly corner of the said 2.187 acre Stedman Ventures, Inc. tract; EXHIBIT "A" (Page 2 of 2) THENCE SOUTH 49"22'38" WEST, along and with the boundary between the Southeasterly line of the said 1.2157 acre C & W Rentals, L.L.C. tract and the Northwesterly line of the said 2.187 acre Stedman Ventures, Inc. tract, for a distance of 299.96 feet to 5/8" iron rod found for the most Northerly corner and the POINT OF BEGINNING of the tract herein described, said corner being in the Southwesterly line of the said Lot 6, Block 18 of the Van Wormer Addition and being in the Northeasterly line of the abandoned Trinity Street; THENCE SOUTH 40"37'35" EAST, over and across the said 2.187 acre Stedman Ventures, Inc. tract, the same being the Northeasterly line of the abandoned Trinity and the Southwesterly line of Lots 6 and 7, Block 18 of the Van Wormer Addition, for a distance of 154.50 feet to a 5/8" iron rod set for comer, said corner being in the most Northwesterly line of Lot 1, Block 9 of the N.A. McMillan Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 3, Page 116, Map Records, Jefferson County, Texas, the same being the most Northwesterly line of that certain tract of land being called Lots 1 through 8, Block 9 of the N.A. McMillan Addition as described in a "Special Warranty Deed" from Cecil W. Dubois and Loretta A. Watkins to the City of Beaumont as recorded in Clerk's File No. 2010003566, Official Public Records of Real Property, Jefferson County, Texas and being in the Southeasterly line of the above referenced abandoned unnamed street and the Southeasterly line of the said 2.187 acre Stedman Ventures, Inc. tract; THENCE SOUTH 65042'35" WEST, along and with the boundary between the tract herein described and the Northwesterly line of the said Block 9 of the N.A. McMillan Addition, the same being the Southeasterly line of the unnamed street and the Southeasterly line of the said 2.187 acre Stedman Ventures, Inc. tract, for a distance of 243.95 feet to a point for corner (unable to find or set corner due to concrete parking lot); THENCE SOUTH 49022'38" WEST, along and with the boundary between the tract herein described and the Northwesterly line of a 12.5 feet wide alley in the said Block 9 of the N.A. McMillan Addition, the same being the Southeasterly line of the unnamed street and the Southeasterly line of the said 2.187 acre Stedman Ventures, Inc. tract, for a distance of 127.06 feet to a scribed "X" in concrete set for comer (unable to find or set corner due to concrete parking lot), said corner being in the Northeasterly right-of-way line of Jefferson Street (based on a width of 61.11 feet) and said corner bears NORTH 40°3721" WEST a distance of 112.50 feet from a 60d nail set for the most Southerly corner of Lot 8, Block 9 of the said N.A. McMillan Addition and being the intersection of the Northeasterly right-of-way line of Jefferson Street and the Northwesterly line right-of-way line of Bowie Street; THENCE NORTH 40037'21" WEST, along and with the Northeasterly right-of-way line of Jefferson Street, for a distance of 85.90 feet to a 518" iron rod with a cap stamped "M. W. Whiteley & Associates" found for corner, said corner being the most Southerly corner of the said 1.2157 acre C & W Rentals, L.L.C. tract and being in the Southwesterly line of Lot 6, Block 19 of the said Van Wormer Addition; THENCE NORTH 49"22'38" EAST, along and with the boundary between the tract herein described and the Southeasterly line of the said 1.2157 acre C & W Rentals, L.L.C. tract, the same being the Northwesterly line of the said 2.187 acre Stedman Ventures, Inc. tract, for a distance of 361.15 feet to the POINT OF BEGINNING and containing 0.8965 Acres, more or less. � 11 CROCK STREET p Yw Y N 0 Y �'�'!, � • I I i ! I .o n� I+ i i I i i i Qy I ¢. I J I I I J' 1 f� I J I I J I I J I J� I j• I J g� I t :+IVY -.>• ',.,t;y iy�.l,� ydr1 .44Q y .:T•fr:.4 I I I i i p<1 I I I I I i i I I I I I I i i j 1Y��PP'+0 _ _ _ _ � J ��•Q� _ _i _ _ _ _ .�._._ � yi �._' I 11oo.N 60 HET i j:i P.-IFY�c w � w iEJ• k J J` I d,r J`� i J" � I E +�. jl J, i J• i J,' i J. i J' i '+.,)I � '-� I i I •'1. aa, Y _ 17R11V ..�17.+. .•Y 1.f11 'rr wrrs.. iV'1 �ry„.. *'�I�.. r. I ♦ I -. NT, x]f'W ' •I � I RESOLUTION NO. 10-082 WHEREAS, an agreement has been negotiated forthe acquisition of property in the Van Wormer Addition, as described below and in Exhibit "A" and described in Exhibit "B," for the Downtown Event Center and Lake Park: Lots 1 - 6, Tract 2, Block 19, Van Wormer Addition; Abandoned 40 foot street (formerly of the Gulf and Inter -state Railway Company and the Gulf, Beaumont and Kansas City Railway Company), Block 19, Van Wormer Addition; Abandoned Alley Tract B, Bt6ck 18, Van Wormer Addition Value: $116,000.00 Owners; Stedman Ventures, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the above -described property be, and the same is hereby, approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of March, 2010. 0" S or - Mayor Becky Ames - EXHIBIT "A" A parcel of land in the City of Beaumont, County of Jefferson, State of `texas, being that portion of that certain parcel of land described as Block 18 in Deed dated August 6, 1900, from R. L. Weathersby to Beaumont Warf and Terminal Company (Predecessor in interest to the Atchison, Topeka and Santa Fe Railway Company), recorded August 24, 1900. in Volume 32 of Deed Records, Page 460, Records of said County (said Block 18 being that certain Block 18 shown on Plat entitled "VAN WORMER ADDITION to the City of Beaumont, Jefferson county, Texas," filed March 17, 1897, Records of said County), that portion of that certain portion of Trinity Street described In ordinance passed November 4, 1908, by the City Commission of the City of Beaumont, Texas for use and occupation by the Gulf, Colorado and Santa Fe Railway Company (predecessor in interest to the Atchison, Topeka and Santa Fe Railway Company). recorded in Volume 2, Page 17, of the minutes of the City Council of the City of Beaumont, and that portion of that certain parcel of land described as Block 19 and that portion of that certain 40-foot wide street described in deed dated March 1, 1897, from S. H. Van Wormer, Ed Van Wormer, S. W. Holmes and J. W. Holmes, to the Gulf and Inter -state Railway Company and the Gulf, Beaumont and Kansas City Railway Company (predecessors in Interest to the Atkinson„ Topeka and Santa Fe Railway Company), recorded March 10, 1897, in Volume 15 of Deed Records. Page 95, Records of said County (said Block 19 and said 40-font wide street being that certain Block 19 and that certain unnamed street shown on said plat), described as follows: Commencing at an "X" in concrete set for the intersection of the Southwesterly boundary of Neches Street (61.11 feet wide) with the Southeasterly boundary of Crockett Street (61.11 feet wide) as said streets are shown on Plat entitled "Map of the N.A. McMILLAN ADDITION to the City of Beaumont, Jefferson County, Texas" filed July 9, 1917 in Volume 1, Page 16, Map Records of said County, said intersection being the most Northerly corner of said Block 18; THENCE South 40 deg. 34 min. East (bearing assumed for the purpose of this description) along said Southwesterly boundary of Neches Street, being along the Northeasterly boundary of said Block 18, a distance of 80.00 feet to an "X" set in concrete, last said "X" being in a line hereinafter referred to as Line "A", being a line parallel with and distant southeasterly 80.00 feet measured at right angles from said Southeasterly boundary of Crockett Street, last said "X" being the true POINT OF BEGINNING for the parcel herein described; THENCE continuing South 40 deg. 34 min. East along said Southwesterly boundary of Neches Street, being along said Northeasterly boundary of Block 18, a distance of 200.72 feet to a 5/8" iron rod set in the Northwesterly boundary of Bowie Street (44 feet wide) as said Bowie Street is shown on said Plat of the N.A, McMILLAN ADDITION, said rod being in the most easterly corner of said Block 18; THENCE South 65 deg. 46 min. West along said Northwesterly boundary of Bowie Street, being along the Southerly boundary of said Block 18, a distance of 8.25 feet; THENCE continuing along said Northwesterly boundary of Bowie Street South 49 deg. 26 min. West. being along the boundary of said 40-foot wide street (Vol. 15, Page 95), a distance of 142,23 feet to a 5/8" iron rod set in the cost Easterly corner of Block 9 as said Block 9 is shown on said plat of the N,A. McMILLAN ADDITION; THENCE South 65 deg, 46 min. West along the boundary of said Block 9 being along the Southerly boundary of said 40-foot wide street (vol. 15. page 95), a distance of 400.04 feet to a 5/8" iron rod set in an angle point in said 40-foot wide street (Vol. 15, Page 95); THENCE South 49 deg. 28 min. West along the Southerly boundary of said 40-foot wide street (vol. 15, Page 95), being along a line parallel with and distant Northwesterly 112.50 feet measured at right angles from the Southeasterly boundary of said Block 9, a distance of 127.06 feet to a 5/8" iron rod set in the Northeasterly boundary of Jefferson Street (61.11 feet wide) as said street is shown on said plat of the N.A. McMILLAN ADDITION; THENCE North 40 deg. 34 min, West along said Northeasterly boundary of Jefferson Street, 40.00 feet to a point in the Northwesterly boundary of said 40-foot wide street (Vol. 15, Page 95), said point being the most Southerly corner of said Block 19; THENCE continuing North 40 deg 34 min. West along said Northeasterly boundary of Jefferson Street, being EXHIBIT "A" along the Southwesterly boundary of said Block 19, a distance of 45.90 feet to a 5/8" iron rod, said rod being in said line "A"; THENCE North 49 deg. 26 min. East along said line "A", a distance of 661,11 feet to POINT OF BEGINNING said parcel of land contains an area of 2,187 acres, more or less. Note: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule 8 hereof. Pa i MINIMUM DD 201*18439 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE ORS'TRIKE ANY OF THE FOLLOWING INTORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NO. OR DRIVER'S LICENSE NO. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED That, STEDMAN VENTURES, INC., of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of ONE HUNDRED SIXTEEN THOUSAND AND N01100 ($116,000.00) DOLLARS and other good and valuable consideration, to it in hand paid by the City of Beaumont, a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described property, the receipt and sufficiency ofwhich 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 itself, its successors and assigns, forever, all of the oil, gas, and sulphur in and under the land herein conveyed but waive 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 GRANTEE and JEFFERSON,TX Page 1 of 4 Printed on 9/15/2020 11:05:23 AM Document: DED WAR 2010.018439 GRANTEE'S successors and assigns, forever; and said GRANTOR binds itself and its 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 491 7 day of 2010. STEDMAN VENTURES, INC., By: Q _ c Name: / /a na Q Title: ACKNOWLEDGMENT This instrument w acknowledged before me on a , 2010, by �4/h , for STEDMAN VENTURES, INC, known to me to45e the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act on behalf of said STEDMAN VENTURES, INC. and that he executed the same for the purpose and consideration expressed and in the capacity stated.i� GIVEN UNDER MY HAND AND SEAL OF OFFICE, this g / day of 010. '��Ilx� .- A114�14 Gary Public, State of s RETURN TO: City of Beaumont da Ilona N. Baker P. O. Box 3827 Beaumont, TX 77704 " ""ri a VIQO D.ILLEY r ?I my OMMSSIGNDWM { ,A Odob.16,2011 lstcdman 1lanagan JEFFERSON,TX Page 2 of 4 Printed on 9/15/2020 11:05:23 Ant Document: DED WAR 2010.018439 A parcel of land in the City of Beaumont, County of Jefferson, State of 'texas. being that portion of that certain parcel of land described as Block 18 in Deed dated August 6, 1900, from R. L. Weathersby to Beaumont Warf and Terminal Company (Predecessor In interest to the Atchison, Topeka and Santa Fe Railway Company), recorded August 24, 190D. In Volume 32 of Deed Records, Page 460, Records of said County (said Block 18 being that certain Block 18 shown on Plat entitled "VAN WORMER ADDITION to the City of Beaumont, Jefferson county, Texas," filed March 17, 1897, Records of said County), that portion of that certain portion of Trinity Street described In ordinance passed November 4, 1908, by the City Commission of the City of Beaumont, Texas for use and occupation by the Gulf, Colorado and Santa Fe Railway Company (predecessor In interest to the Atchison, Topeka and Santa Fe Railway Company). recorded in Volume 2, Page 17, of the minutes of the City Council of the City of Beaumont, and that portion of that certain parcel of land described as Block 19 and that portion of that certain 40-foot wide street described in deed dated March 1, 1897, from S. H. Van Wormer, Ed Van Wormer, S. W. Holmes and 1. W. Holmes, to the Gulf and Inter -state Railway Company and the Gulf, Beaumont and Kansas City Railway Company (predecessors in Interest to the Atkinson„ Topeka avid Santa Fe Railway Company), recorded March 10, 1897, in Volume 15 of Deed Records. Page 95, Records of said County (said Block 19 and said 40-font wide street being that certain Block 19 and that certain unnamed street shown on said plat), described as follows: ' Commencing at an "X" in concrete set for the intersection of the Southwesterly boundary of Neches Street (61.11 feet wide) with the Southeasterly boundary of Crockett Street (61.11 feet wide) as said streets are shown on Plat entitled "Map of the N.A. MCMILLAN ADDITION to the City of Beaumont, Jefferson County, Texas" filed July 9, 1917 in Volume 1, Page 16, Map Records of said County. said intersection being the most Northerly comer of said Block 18; THENCE South 40 deg. 34 min. East (bearing assumed for the purpose of this description) along said Southwesterly boundary of Neches Street, being along the Northeasterly boundary of said Block 18, a distance of 80.00 feet to an "X" set in concrete, last said "X" being in a line hereinafter referred to as Line "A", being a line parallel with and distant southeasterly 80.00 feet measured at right angles from said Southeasterly boundary of Crockett Street, last sald .."X" being the true POINT OF BEGINNING for the parcel herein described; THENCE continuing South 40 deg. 34 min. East along said Southwesterly boundary of Neches Street, being along said Northeasterly boundary of Block 18, a distance of 200.72 feet to a 5/8" iron rod set in the Northwesterly boundary of Bowie Street (44 feet wide) as said Bowie Street Is shown on said Plat of the N.A, McMILLAN ADDITION, said rod being In the most easterly comer of said Block 18; THENCE South 65 deg. 46 min. West along said Northwesterly boundary of Bowie Street, being along the Southerly boundary of said Block 18, a distance of 8.25 feet; THENCE continuing along said Northwesterly boundary of Bowie Street South 49 deg. 26 min. West. being along the boundary of said 40-foot wide street (Vol. 15, Page 95), a distance of 142,23 feet to a 5/8" iron rod set in the cost Easterly comer of Block 9 as said Block 9 is shown on said plat of the N,A. McMILLAN ADDITION; THENCE South 65 deg, 46 min. West along the boundary of said Block 9 being along the Southerly boundary of said 40-foot wide street (vof. 15. page 95), a distance of 400.04 feet to a 5/8" iron rod set in an angle point in said 40-foot wide street (Vol. 15, Page 95); THENCE South 49 deg. 28 min. West along the Southerly boundary of said 40-foot wide street (vol. 15, Page 95), being along a line parallel with and distant Northwesterly 112.50 feet measured at right angles from the Southeasterly boundary of said Block 9, a distance of 127.06 feet to a 5/6" iron rod set in the Northeasterly boundary of Jefferson Street (61.11 feet wide) as said street Is shown on said plat of the N.A. MCMILIAN ADDITION; THENCE North 40 deg. 34 min, West along said Northeasterly boundary of Jefferson Street, 40.00 feet to a point in the Northwesterly boundary of said 40-foot wide street (Vol. 15, Page 95), said point being the most Southerly comer of said Block 19; THENCE continuing North 40 deg 34 min. West along said Northeasterly boundary of Jefferson Street, being JEFFERSON,TX Page 3 of 4 Printed on 9/15/2020 11:05:24 AM Document: DED WAR 2010.018439 I L40ng the Southwesterly boundary of said Block 19, a distance of 45.90 feet to a 5/8" iron rod, said rod being in Bald line "A"; THENCE North 49 deg. 26 min. East along said line "A", a distance of 661,11 feet to POINT OF BEGINNING said parcel of land contains an area of 2.187 acres, more or less. Note: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or Identification purposes and does not override Item 2 of Schedule B hereof. FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2010 May 18, 08:06 AM 2010018439 PEVETO: $28.00 CAROLYN L. GUIDRY, COUNTY CLERK JEFFERSON COUNTY, TEXAS JEFFERSON,TX Page 4 of 4 Printed on 9/15/2020 11:05:24 AM Document: DED WAR 2010.018439 G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: October 13, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County. BACKGROUND The High Intensity Drug Trafficking Areas (HIDTA) program provides assistance to law enforcement agencies in areas determined to be critical drug -trafficking regions. This grant program aims to reduce drug trafficking and production. This Interlocal Agreement with Jefferson County provides for the Beaumont Police Department to be reimbursed up to $8,775 for lease vehicle expenses. The Agreement is attached for your review. FUNDING SOURCE None. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement with Jefferson County for reimbursement in an amount up to $8,775.00 for lease vehicle expenses related to the High Intensity Drug Trafficking Areas (HIDTA) program for the purpose of reducing drug trafficking and production. The Interlocal 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 13th day of October, 2020. - Mayor Becky Ames - INTERLOCAL CONTRACT HIGH INTENSITY DRUG TRAEFICKiNG AREAS GRANT PROGRAM STATE OF TEXAS )( COUNTY OFJEFFERSON)( CITY OF BEAUMONT )( INTER -LOCAL AGREEMENT This Interlocal Contract, (*Contract's) Is entered Into between the City of Beaumont, a municipal corporation situated in Jefferson County, Texas, (*Beaumont*) and Jefferson County, a political subdivision of the State of Texas (*Jefferson County*). Pursuant to the Interlocal Cooperation Act, Tex. Gov't Code Ann, Sec. 791,001, 791.027 (Vernon 1.997). WITNESSETH Whereas, Beaumont and Jefferson County collectively herein after referred to as "Parties", seek to contract or agree with each other to perform certain governmental functions and services In a joint cooperative effort which Is known as the High Intensity Drug Trafficking Areas program grant (*HIDTA*); and Whereas, the Parties are each Independently authorized, pursuant to Tex. Gov't. Code Ann. Sec. 791.001 to enter Into a joint contract to provide a governmental function or service which each party to the Contract Is authorized to perform individually; and Whereas, the Parties In performing governmental functions or In paying for the performance of governmental functions hereunder, shall mnke that performance or those payments from current revenues legally available to that party: and Whereas, the Parties finds that the performance of this Agreement Is in the best Interests of the parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing parry for the services or functions under this agreement: and Whereas, Jefferson County has been designated the fiduclary for the HIDTA grant program and Beaumont is designated as a contractor. The total funding for this grant program Is $50,000 with $16,200 allocated to lease vehicles for September 1, 2020 —September 30, 2020, award number G19HN0029A and October 1, 2020 — September 30, 2021, award number G20HN0029A : and Whereas, the Parties believe that It is in their mutual interest to enter into this Contract to carry -out operations of the H1DTA grant program; and Whereas, the Parties agree to abide by all pertinent federal, state and local laws and regulations; EXHIBIT "A" NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: SECTION 1. 1.1 Jefferson County ogrees to act as the fiscal agent in applying for, dispersing, monitoring and reporting for this HIDTA grant program. 1.2 Jefferson County agrees to use funding for the lease of one vehicle not to exceed the cost of $8,775, 1.3 Beaumont agrees to use the funding for the lease of one vehicle not to exceed the cost of $8,775, 1.4 The Parties to this contract hereby mutually agree to cooperate to whatever extent Is necessary to carry out the work plan set forth In the HIDTA grant program, SECTION 2. 2.1 The term of this Contract shall be for a period of September 1, 2020 through September 30, 2021 subject to other termination rights of the Partles as established In this document. SECTION 3. 3.1 Jefferson County is designated as the primary agency (*GRANTEE*) for purposes of this Contract and for purposes of receipt and disbursement of all funds received from the HIIYrA grant program. SECTION 4. 4.1 Upon termination of this Contract, right, title and ownership of non -expendable property acquired pursuant to this Contract will revert to the individual party for which it was acquired, subject to the statutes of the State of Texas and approval of the HIDTA grant program. Section 5. 5.1 Beaumont and Jefferson County, as political subdivisions, are governed by the Texas Tort Claims Act, Chapter 101,001 et seq., Civil Practice and Remedies Code. Beaumont and Jefferson County warrant and represent to each other that they are self- insured or commercially Insured for all claims falling within the'rexas Tort Claims Act. 2 5.2 Each party to this Contract agrees that it shall have no liability whatsoever for acts or ornisslons of an individual employed by another party regardless of where the individual's actions occurred. Each party is solely responsible for the action and/or omissions of its employees and officers, SECTION 6. 6.1 This Contract may only be amended by mutual agreement of the Parties hereto in writing and any amendments shall be attached to and Incorporated into this Contract. 6,2 In case any one or more of the provisions contained In this Contract shall be held to be Invalid, Illegal or unenforceable In any aspect, such Invalidity, Illegality or unenforceability shall not affect any other provision of the Contract, and this Contract shall he construed as If such invalid, Illegal or unenforceable provision had never been contained herein. SECTION 7. 7.1 This Contract supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this agreement which Is not contained herein shall be valid or binding, 7.2 The Parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement, k\ I / EXECUTED by Jefferson my this day of t' 20m JEFFERSO CO N TEXA By: Jeff aranick, County Judge EXECUTED by the City of Beaumont this day of ___, 2020. CITY OF BEAUMONT, TEXAS By: Kyle Hayes, City Manager $ttb Reclplent vs. Contraotor Roaponso Fomi _ OrentlProject: otsHNMU6-,a20Htrooz0A,021Hno020rCFDANumbor: 06.001 Circle a yea or no answer and provtdo an explanation for the answer. Also Include roforonaes to the duoumentatlon used to arrive at the answers Use the lost twlumn to WODUf ,y any other footoro not s eollicall eddrasaed that should be ooneklorod material to the decision. Contractor Sub Rool ilon Uae of Judgement In makinkrleoielotis 1) Provides the goods and sorvloas within normal 1) Determinoo tvho Is oll0lblo to receive what Federal ~��^ businoae operations, a femme. 1) YG8 NO YES NO Rat 0000; Overtime Is a noirnal s Woe Roforonoo: Exeotdtvo Board opprovos Worenco: HIDTA Pr ram Policy 2) PmMes similar goods or sorvloos to many 2) Has Ile performance measured in rotation to whether 2) - ditfo t purohasers. Yr 3 NO objeotivas of the Fodoral amram were moL YE3 NO PMP only measures Task Formes not Law Enforcement Wwoaoa: Ovafdme is relmbw bymutUplo gfonto Reference; PUTUOIrAift A enoles are not measured Roro wo• HIDTA Pr rem Polio s) sly operoles in a competIllve environment, 3) Has rosponsiblllly fqLpLoDtommatfa decision making, 3) Yr s NO YES C ND Reference: Took Foroee oompoto for 11mlled funds Roferance: Execulivo Board tuts that authority Ro(oronco: I410TA Program Poli A) ProvIdoo goods and amvices IhAI Pre a110104ry to the 4) Is responsible for adhoronoo to eppAcablo Fodoral olm rallon of the Pedeml program. i requlromenlo opooftd in the Federal award. 4) riA NO YES NO Rofs ; To vorlOne lliolts nub eat to ooni Alance Refaauw; HIDTA Pr rom Polio 6) kr acoordanco vith Its agroomont, uses the Federal funds to carry out a program for a publio purpose 6) 6) Is not sub)eet to aompilance requiromants of lho epsdged in authorN ng statute, as opposed to providing Fodwal program as A result of tho agroomont, though goods or sarskoa for Ilia bensfit of the pass -through smear roqulremonto mny CIPIA11W other roosone, entity Rolinbutaemont 11mited to 2696 YES NO YC8 NO 0812, Stop 1 RUB pay, Rototonoo; Ovardmo limits subloot to compllanco Reference: Provides Oveithno services when needed R axw: HIDTA Program Polio Use ofJutfpontenf to making dofomdnattons, fn determining whether an agreement between a puss -through entity and another non -Federal entity oasts No latter tie a sub reciplont or a oontrector, tho substance of the rolallonship Is more than important then the form of the agreement. All of the charsoteriathms listed above may not be present in all cases, and the pess•through entity must tine judgeniont in dasaHying each agreement as a sub -award or aproourornont , rttraq Suit Roolplont vs, Contraotor Responae Form OrrdmtlProjeot; HIDTA CFDANumber: 9b,001 Based on a pieponderanco of'yon' atawers and <gscusstono with appropriate lwreonnel, fNa enthy hos boon dotorminod to be a; CONTRAOTORW81.16-RRE:0IPIENT Q— �l Co�6t.>t?NT.4; No ppr0at of the award Is at000tod to a partioulm Lew Enforgornsnt AnvM, Ilia Fxe"Oya 8 ar4. d hudoets ru a hy all000llnU tho total sward to Task, Forces and to IAUW3. - Pen llnq Low Enforcemont Agondos do not submit a statomonl of work dolyembloo budnots or any other typo of dooume Isg that are required of subiocl :onrs. PmV all t. v GNorcement AganWea do_not c ar_ry ul Iho Fodorsl pronrom as a nubotanikoi�ailon of Iho wora) award. PaMpating Low Fn1woement Agenolos are not InrLhAdttoM m�menaured n ninet program ob)oollveo and in tho anmtni ro oort only the HIDTA as a whole Is mooaured t alnrl o ram ob ^ Ivos, Al tnnntb to pnnldpating WN onforoomont oaf nd s_nro on a roirnbtrrsoment bnela and thoreforo Iho rooalplonto have no doclslon mAdntj Willy or the funds.. -- ^ ors my CRY of nenumont BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, OCTOBER 13, 2020 1:30 PM /_T!1 Jh`117_1 CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider a resolution approving the purchase of two Vactor Combination Sewer Cleaners 2. Consider a resolution approving the purchase of a new construction project management software solution from Systemates, Inc. 3. Consider an ordinance accepting the 2020 Certified Tax Roll (FY 2021) COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: Former Fire Station No. 1 located at 747 College Street 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. 11 October 13, 2020 Consider a resolution approving the purchase of two Vactor Combination Sewer Cleaners BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 13, 2020 REQUESTED ACTION: Council consider a resolution approving the purchase of two Vactor Combination Sewer Cleaners. BACKGROUND One sewer cleaner in the amount of $394,916 will be purchased for use in the Streets & Drainage Division. This will replace unit 3348, a 2010 International 7400, which has exceeded the expected service life and will be disposed of in accordance with the City's surplus equipment policy. One sewer cleaner in the amount of $394,916 will be purchased for use in the Sewer Maintenance Division. This will replace unit 3325, a 2006 International 7400, which has exceeded the expected service life and will be disposed of in accordance with the City's surplus equipment policy. Total pricing, in the amount of $789,832, was obtained from Freightliner of Austin, Texas, through the Buyboard contract. Buyboard is a cooperative purchasing association that complies with State of Texas' procurement statutes. FUNDING SOURCE Capital Reserve Fund ($394,916). Water Utilities Fund ($394,916). 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) vactor combination sewer cleaners for use by the various City departments from Freightliner, of Austin, Texas, in the amount of $789,832.00 through the Buyboard Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2020. - Mayor Becky Ames - NJ October 13, 2020 Consider a resolution approving the purchase of a new construction project management software solution from Systemates, Inc. BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: October 13, 2020 REQUESTED ACTION: Council consider a resolution approving the purchase of a new construction project management software solution from Systemates, Inc. BACKGROUND The Public Works Department does not have a project management tool to manage ongoing construction projects. All of the corresponding data is maintained inside several spreadsheets and other document types. The software will allow users to efficiently track project timelines, accurately track costs, provide detailed and informative reports, as well as provide a central location for all users to upload and store documents. The cost is $117,404.00, which includes a one-time cost of $70,101.86 and a first -year subscription cost of $47,302.14. The second -year subscription cost is estimated at $49,067.13 Pricing was obtained through the State of Texas Department of Information (DIR). DIR provides cities and political subdivisions with the means to purchase information technology at volume prices contracted under the procurement statues of the State of Texas. FUNDING SOURCE General Fund. The IT Department mistakenly requested $50,000 for this purchase in the budget process, which was for the projected subscription cost only. The Public Works Director believes this purchase is very important, and if approved, will look for cost savings in the $13.3 Million Public Works Budget for FY 2021 to offset the difference. 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 Projectmates construction project management software for use by the Public Works Department from Systemates, Inc., of Richardson, Texas, in the amount of $117,404.00 through the State of Texas Department of Information (DIR) contract. 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 13th day of October, 2020. - Mayor Becky Ames - October 13, 2020 Consider an ordinance accepting the 2020 Certified Tax Roll (FY 2021) BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 13, 2020 REQUESTED ACTION: Council consider an ordinance accepting the 2020 Certified Tax Roll (FY 2021). BACKGROUND The Jefferson Central Appraisal District submitted the Certified Appraisal Roll on July 22, 2020, in the amount of $7,883,980,459. On September 22, 2020, the Council approved an ordinance to accept the appraised roll and established the property tax rate for the tax year 2020 (FY 2021). As required by Section 26.09 of the Tax Code: The tax assessor for a taxing unit shall calculate the tax imposed on each property included on the appraisal roll for the unit and send a Certified Tax Roll to the unit to be approved by Council. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE ACCEPTING THE CERTIFIED TAX ROLL SUMMARY FOR THE TAX YEAR 2020 (FISCAL YEAR 2021); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL WHEREAS, the Jefferson County Tax Assessor -Collector has furnished to the City of Beaumont the certified tax roll summary for the City of Beaumont to be $7,883,980,459.00; and, WHEREAS, the City Council finds that the tax roll summary submitted by the Jefferson County Tax Assessor -Collector should be accepted for the tax year 2020 (FY 2021); NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Ccr4inn 1 THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. That the tax roll summary submitted to the City Council by the Jefferson County Tax Assessor -Collector, attached as Exhibit 'A" and showing the total net taxable assessed value of all property within the City to be $7,883,980,459.00 is hereby approved and accepted by the City of Beaumont. 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 13th day of October, 2020. - Mayor Becky Ames - 10/01; 2020 02:49 pm tc502_juris_summ3ry.ICp v1.12 Request 5oq.:3595407 Jurisdiction Total Parcels: Market Value AG Exclusion Count: Timber Exclusion Count [IS Capped Count: Assessed Value Prorated-Exxv CountlAint: 100% Exempt Vet Count/Amt: Chdo Count/Amt: Pro Youlh Associations Cuuul/Amt: Prorated-Exxl Count/:\ml: Abatement Count/Amt: Pro Misc Exempts Counl/AnW State Homestead Count: Local Homestead Count: State Over 65 Count: Local Ovcr 65 Count: Surviving Spouse Count: State Disabled Count: Local Disabled Count: 'total VET Count: *N'ET Surviving Spouse Count: *included in the Total VET Count/ kint Partial Excmpl Values: Taxable Value: Total Levy Amt: Late Rendition Penalfv Count: Other Penaltq Count: Frozen :kNCUnnt Count: Frozen Hmnesite N'alue: Frozen Taxable Value: Unfrozen Levv Antt: Frozen Levi Amt: Frozen Lcvv Loss Amt: Total Non -Exempt Parcel Count: Tax Collection System - JEFFERSON COUNTY Certified Roll Jurisdiction Summary Processing For Tax Year: 2020 County Code: ALL Tax Unit: ALL 21 CITY OF BEAUNIONT 65.136 Tax Rate: 0.7100000 9,5S5.21k,3527 State 11011): 0 State 065: 0 Disabled: 17.500 III AG Exclusion Amt: 40,460,hOS 53 Timber Exclusion Amt: 4,658.899 3,299 11S Capped Aim: M,KK5.666 9,529,278354 3,422 310 ti Ili 3 3 98 amm,. SS17 SIl 8S0 640 13 173.104,805 7,883,980.459 56,028,199.78 1,510 O.00 0.00 ().00 65,136 225S61,K87 Pro SchoolsCount/Amt: 47.336,050 Pollution Control Count/Amt: 1-63(1.27S Pro Charitable Functions Count/Atnt: 7.279,154 Lox% income Housing CounUAmt 1,177.(r41 Goods In Transit Count/.Aml: 145,750.749 Hb366 Count/Anu: 3.00X,425 State Homestead Amt: 0 Local Homestead Amt: 0 Slate Over 65 Amt: t1 Local Over 65 Amt: 150,699,708 Surviving Spouse Ant❑ 822.500 Stale Disabled Anil: 0 Local Disabled Anot: 15,01)7,535 Total VET Amt: 6,485,152 *VET Suniving Spouse Amt: 1 19,000 Late Rendition Penally Amt: 51.750,48 Other Penalh Amu: 1 76 )7 Opt 110111: Opt 065: Opt Disabled: 44 20.745,122 4 9.41.655 6 1.156.428 ? 901S 50S I 10.5 74,209 61 16.834 0.0000000 17,500 0 Page 13 of 39 al X LU