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HomeMy WebLinkAbout10/20/2020 PACKETBEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, OCTOBER 20, 2020 . 1:30 PM CONSENT AGENDA Approval of minutes -October 13, 2020 Confirmation of board and commission member appointments A) Approve the purchase of two street sweepers for use in the Streets & Drainage Division B) Approve the purchase of two excavators and three track loaders for use in various City. Departments C) Approve the purchase of a new ambulance box D) Approve the renewal of an annual maintenance and software agreement with WatchGuard Video for use in the Police Department E) Approve the purchase of edraulic tools for use in the Fire Department F) Approve a contract with Ana -Lab Corporation of Kilgore for Wastewater Laboratory Services G) Approve a payment of dues to the South East Texas Regional Planning Commission (SETRPC) for Fiscal Year 2021 H) Approve a resolution changing. authorized signatories for the City of Beaumont's Transit System Clearing Account held at Wells Fargo Bank, NA REAUMO ' NT TO: FROM: PREPARED BY: MEETING DATE: City Council Kyle Hayes, City Manager Todd Simon eaux, Chief Financial Officer October 20, 2020 A REQUESTED ACTION: Council consider.a resolution approving the purchase of two street sweepers for use in the Streets & Drainage Division. BACKGROUND One street sweeper in the amount of $273,000 will replace unit 4290, a 2002 Sterling SC8000, which has exceeded the -expected service life, and will be disposed of in accordance with the City's surplus equipment policy. A second street sweeper in the amount of $273,000 will replace unit 4388, a 2012 Freightliner M27106, 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 $546,000.00, was obtained from Heil of Houston, Texas, through the Houston -Galveston Area Council (HGAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase- specialized equipment at volume pricing. HGAC complies with State of Texas' procurement statutes. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of two (2) street sweepers for use by the Streets & Drainage Division from Heil, of Houston, Texas, in the amount of $546,000.00 through the Houston -Galveston Area Council (H-GAC) Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of October, 2020. - Mayor Becky Ames - B.EAU�M�ONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 20, 2020 REQUESTED ACTION: Council consider a resolution approving the purchase of two excavators and three track loaders for use in various City Departments. BACKGROUND One Takeuchi. Vertical Track Loader in the amount of $102,988.77 will be purchased for use in the Parks Division. This will replace unit 4276, 1994 John Deere 5300, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. One Takeuchi Compact Track Loader in the amount of $42,181.88 will be purchased for use in the Water Reclamation Division. This will be additional equipment added to existing inventory. One Takeuchi Compact Track Loader in the amount of $43,310.28 will be purchased for use in the Sewer Maintenance Division. This will replace unit 5168, 2008 Bobcat Skidsteer, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. One Takeuchi Compact Excavator in the amount of $26,319.76 will be purchased for use in the Sewer Maintenance Division. This will replace unit 5149, a 2003 Takeuchi Mini Excavator, which has.exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. One Takeuchi Excavator in the amount of $55,773.32 will be purchased for use in the Sewer Maintenance Division. This will replace unit 5165, a 2008 Takeuchi Mini Excavator, 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 $270,574.01, was obtained from Waukesha Pierce Industries, of Dallas, Texas, through the Houston -Galveston Area Council (HGAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. HGAC complies with State of Texas' procurement statutes. FUNDING SOURCE Capital Reserve Fund ($102,988.77). Solid Waste Fund ($167,585.24). 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) excavators and three (3) track loaders for use by various City departments from Waukesha Pierce Industries, of Dallas, Texas, in the amount of $270,574.01 through the Houston -Galveston Area Council (H-GAC) Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of October, 2020. - Mayor Becky Ames - J C BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 20, 2020 REQUESTED ACTION: Council consider a resolution approving the purchase of a new ambulance box. BACKGROUND The ambulance box .will be purchased from Frazer, Ltd., of Houston, in the -amount of $190,035.00. The new.box will be mounted on a new chassis, replacing unit 7176; which has exceeded the expected service life. It will be disposed of in accordance with the City's surplus equipment policy. Pricing was obtained through the Houston -Galveston Area Council (HGAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. HGAC complies with State of Texas procurement statutes. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of one (1) ambulance box to be mounted on a new chassis for use by the Emergency Medical Services (EMS) Division from Frazer, Ltd., of Houston, Texas, in the amount of $190,035.00 through the Houston - Galveston Area Council (H-GAC) Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of October, 2020. - Mayor Becky Ames - D BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: BartBartkowiak, Director of Public Works & Technology. Services MEETING DATE: October 20, 2020 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual maintenance and software agreement with WatchGuard Video for use in the Police Department. BACKGROUND Watchguard Video is used by Police for their in -car and body camera video. This purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to modify and maintain the software. The agreement in the amount of $132,278.75 includes both in -car video hardware and software maintenance for the current fiscal year. FUNDING SOURCE Police — General 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 the renewal of an annual Maintenance and Software Agreement with WatchGuard Video, the sole source having exclusive rights to modify and maintain the software, in the amount of $132,278.75, for hardware and software maintenance for use by the Police Department for in -car and body camera video. 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 20th day of October, 2020. - Mayor Becky Ames - E BE:AUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 20, 2020 REQUESTED ACTION: Council consider a resolution approving the purchase of Edraulic Tools for use in the Fire Department. BACKGROUND The edraulic tools,(Jaws of Life) will be purchased from Municipal Emergency Services, Inc., of Houston, in the amount of $65,863.00. The Fire Department determined that two complete edraulic tool units, 12 batteries, and six chargers require replacement this year. The older units will be disposed of per City policy. Pricing for the equipment was obtained through the Houston -Galveston Area Council (H=GAC) purchasing cooperative, which provides cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with State of Texas procurement statues. FUNDING SOURCE Capital Reserve Fund. -RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of edraulic tools (Jaws of Life) for use by the Fire Department from Municipal Emergency Services, Inc., of Houston, Texas, in the amount of $65,863.00 through the Houston -Galveston Area Council (H-GAC) Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of October, 2020. - Mayor Becky Ames - F B'E.AU,MO:NT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 20, 2020 REQUESTED ACTION: Council consider a resolution approving a contract with Ana -Lab Corporation of Kilgore for Wastewater Laboratory Services. BACKGROUND Third party testing is used for Wastewater pretreatment testing and Water Production testing for quality control. Testing requirements are directed by the Environmental Protection Agency (EPA) and the Texas. Commission on Environmental Quality (TCEQ). Formal bids were requested from five vendors; three responded. Eurofins Xenco LLC of Stafford Texas provided the low bid in the total amount of $32,369 but made a $10,000 error in their pricing and requested the removal of their submission. Chemtex Environmental of Port Arthur 'submitted the next low bid in the total amount of $53,170 but were deemed nonresponsive for taking exception to contract requirements of allowing the City access to their records for test results. This requirement ensures the accurate reporting of water quality to the Texas Commission on Environmental Quality. Ana -Lab Corporation of Kilgore,: Texas submitted the next qualified bid. in the total amount of $55,039.. Specifications allow for a one year contract with the option of two renewals of one year terms at the same pricing as the awarded contract. Ana -Lab Corporation holds the current contract. Bid tabulation is attached. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for an annual contract, with the option of two (2) renewals of one (1) year terms at the same pricing as the awarded contract, for. wastewater laboratory services; and, WHEREAS, Ana -Lab Corporation, of Kilgore, Texas, submitted a bid meeting all requirements for a total annual cost of $55,039.00 in the unit amounts shown on Exhibit "A" attached hereto and made a part hereof for all purposes; and, WHEREAS, City Council is of the opinion that the bid submitted by Ana -Lab Corporation, of Kilgore, 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 Ana -Lab Corporation, of Kilgore, Texas, for an annual contract, with the option of two (2) renewals of one (1) year terms at the same pricing as the awarded contract, to provide wastewater laboratory services for a total annual cost of $55,039.00 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 Ana -Lab Corporation, of Kilgore, 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 20th day of October, 2020. - Mayor Becky Ames - BEAUMONT CITY OF BEAUMONT - PURCHASING DIVISION T E X A S Terry Welch -Senior Buyer 409-880-3107 terry.welch(5)beaumonttexas.gov BID TABULATION: Wastewater & Water Laboratory Services BID No. TF0620-34 OPENING DATE: Thursday, July 2, 2020 Vendor Eurofins Xenco LLC Chemtex Environmental Ana -Lab Corporation Laboratory, Inc. City / State Stafford, Tx Port Arthur, Tx Kilgore, Tx FAX 281-240-4280 409-982-1522 903=984-5914 SECTION TOTAL TOTAL TOTAL 1.1 Significant Industrial User $7,112.00 $12,320.00 $15,960.00 Conv data outline 1 1 1 Significant Industrial User $8,352.00 $7,840.00 $12,058.00 Survey- Data Outline 1 1 2 Significant Industrial User $4,230.00 $9,150.00 $7,320.00 Specific- Data Outline 1 1 3 Categorical Industrial User, $170.00 $1,800.00 $700.00 CWT- Data Outline 1 1 4 Categorical Industrial User $460.00 $1,900.00 $1,130.00 Metal, TTO -Data Outline 1.2 Commercial- Data Outline $2,400.00 $2,400.00 $2,640.00 1.3 Raw Wastewater Influent $2,876.00 $5,400.00 $4,032.00 1.4 Constructed Wetland Effluent $3,476.00 $6,000.00 $4,732.00 1.5 Dewatered Bio-Solids $977.00 $2,280.00 $2,063.00 1.6 Drinking Water $2,316.00 $4,080.00 $4,404.00 Total Bid $32,369.00 $53,170.00 $55,039.00 Low qualified bidder is Ana -Lab Corporation E TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 20, 2020 REQUESTED ACTION: Council consider a resolution approving.a payment of dues to the South East Texas Regional Planning Commission (SETRPC) for Fiscal Year 2021. BACKGROUND, The SETRPC was established in June of 1970 under enabling legislation as a voluntary association of local governments. Its purpose is to encourage and permit local governments to join and cooperate with one another to improve the health and safety, of their citizens, to plan for future development and transportation efforts, and to recognize the needs of agriculture, business and industry, among other things. The City of Beaumont supports the SETRPC and the communityprojects they perform. The dues for FY 2021 are in the amount of $43,233.92. Dues help fund the Criminal Justice Program; the Area Agency on Aging (AAA) Program; the Homeless Coalition; the Foster Grandparents Program (FGP); and the Retired Senior Volunteer Program (RSVP). FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. South East Texas Regional Planning Commission 2210 Eastex Freeway Beaumont, Texas 77703-4929 (409) 899-8444 October 6, 2020 INVOICE SETRPC Dues $14,195.52 Criminal Justice Programs $ 1,874.34 AAA Program $10,903.02 Homeless Coalition $ 9,298.56 FGP Program $ 2,661.28 RSVP Program $ 4,301.20 Total Invoice 43 233.92 THANK YOU PLEASE RETURN YELLOW COPY WITH PAYMENT RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the payment of fiscal year 2021 dues to the South East Texas Regional Planning Commission (SETRPC) in the amount of $43,233.92. 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 20th day of October, 2020. - Mayor Becky Ames - H BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 20, 2020 REQUESTED ACTION: Council consider a resolution changing authorized signatories for the City of Beaumont's Transit System Clearing Account held at Wells Fargo Bank, NA. BACKGROUND On September 15, 2020, Council approved a contract with First Transit to manage and operate the Beaumont Municipal Transit System. The contract was entered and executed on October 5, 2020. Kyle Hayes, Todd Simoneaux, William (Bill) Munson, Jonathan Clegg and Heather Aguilar are currently authorized signatories on the account. Albert Eby is to be added as an authorized signatory on the same account effective immediately and Bill Munson is to be deleted as an authorized signatory immediately. The City's internal controls for checks written out of this account call for a review of all checks written from this account by City staff and a monthly bank reconciliation performed by City staff. Any check written from this account that is found not to be related to the City's Transit System will be charged back to First Transit. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Kyle Hayes, Todd Simoneaux, William Munson, Jonathan Clegg, and Heather Aguilar are currently authorized as signatories on City of Beaumont Transit System Clearing Account with Wells Fargo Bank, N.A.; and, WHEREAS, William Munson is to be deleted as authorized signatory for the City of Beaumont Transit System Clearing Account with Wells Fargo Bank, N.A. and Albert Eby is granted authority as signatory for the City of Beaumont Transit System Clearing Account with Wells Fargo Bank, N.A.; 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 William Munson is to deleted as authorized signatory for the City of Beaumont Transit System Clearing Account with Wells Fargo Bank, N.A. and Albert Eby is granted authority as signatory for the City of Beaumont Transit System Clearing Account with Wells Fargo Bank, N.A.; and, BE IT ALSO RESOLVED THAT this Resolution shall be effective from and after the date of its passage. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of October, 2020. - Mayor Becky Ames - BEAUMO.NT., REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, OCTOBER 20, 2020 1:30 PM. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda items 174/Consent Agenda * Consent Agenda DISCUSSION ITEM Review and discuss a proposed Tyrrell Park Detention Project GENERAL BUSINESS 1. Consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD6) for the,proposed Tyrrell Park Detention Project and to submit an application to the Texas General Land Office for funding for the Project 2. Consider a resolution authorizing the City Manager to submit an application to the Texas General Land Office (GLO) for Community Development Block Grant — Mitigation (CDBG-MIT) Program funding for a new Water Treatment Plant 3. Consider axesolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No: 6. (DD6) for the proposed South Park Drainage Project and to submit.an application to the -Texas General Land Office for funding for the Project 4. Consider a resolution approving the purchase of 25 vehicles for use in various City departments PUBLIC HEARING Receive comments on a proposal to establish the Suez WTS USA, Inc. -Project Clear Reinvestment Zone Consider approving an ordinance establishing the Suez WTS USA, Inc. -Project Clear Reinvestment Zone for the purpose of offering economic incentives COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. DISCUSSION ITEM Review and discuss a proposed Tyrrell Park Detention Project I October 20, 2020 Consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD6) for the proposed Tyrrell Park Detention Project and to submit an application to the Texas General Land Office for funding for the Project BEAUMONT M43llal PREPARED BY: MEETING DATE: City Council Kyle Hayes, City Manager Bart Bartkowiak, Director of Public Works & Technology Services October 20, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD6) for.the proposed Tyrrell Park Detention Project and to submit an application to the Texas General Land Office for funding for the Project. BACKGROUND The City and DD6 will submit a joint application to the Texas General Land Office (GLO) for Community Development Block Grant (CDBG) Hurricane Harvey State Mitigation Competition. funds. This project will focus on creating anew detention pond to help with drainage in the Tyrrell Park area of Beaumont. DD6 will. serve as the primary grant recipient for the project. The City of Beaumont and DD6 agree to split the required 1% match 50/50. The estimated project cost is $49,605,050. FUNDING SOURCE Capital Program — Streets and Drainage Improvements Fund. The estimated cost to be. paid by the City is $248,025.25. 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 between the City of Beaumont and Jefferson County Drainage District No. 6 (DD6) for the Tyrrell Park Detention Project. The Interlocal Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; and, BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized to submit an application to the Texas General Land Office for funding for the Tyrrell Park Detention Project. 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 20th day of October, 2020. - Mayor Becky Ames - INTER -GOVERNMENTAL AGREEMENT BETWEEN JEFFERSON COUNTY DRAINAGE DISTRICT NUMBER 6 AND CITY OF BEAUMONT STATE OF TEXAS COUNTY OF JEFFERSON This Agreement between JEFFERSON COUNTY DRAINAGE DISTRICT NUMBER 6, whose address is 6550 Walden Road, Beaumont, Texas 77707 hereinafter referred to as "DISTRICT" and the CITY OF BEAUMONT, TEXAS whose address is 801 Main Street, Beaumont, Texas 77701 hereinafter referred to as "CITY", under the authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code as follows: WHEREAS, the DISTRICT and the CITY will submit a joint application for Texas General Land Office — Community Development Block Grant (CDBG) Hurricane Harvey State "Mitigation Competition funds to the Texas General. Land Office in an amount not to exceed $49,605,000.00, with the DISTRICT acting as the lead entity. WHEREAS, the CDBG Hurricane Harvey State Mitigation Competition Contract (CDBG-MIT) will provide for a detention project in the Tyrrell Park area of Beaumont. WHEREAS, the DISTRICT and the CITY are desirous of reciting in writing certain duties and obligations between the parties hereto: FOR AND IN CONSIDERATION of the mutual benefits flowing to the DISTRICT as well as the CITY as a result of the. joint application and the receipt of a contract award under, the CDBG Hurricane Harvey State Mitigation Competition and in consideration of Ten Dollars ($10.00) and other good and valuable considerations the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. If awarded the CDBG-MIT funding for an amount not to exceed $49,605,000.00, the DISTRICT agrees to pay the 1 % contribution of matching funds estimated at $496,050.00. 2. In the event any costs at the request or under the direction of/or approved by the DISTRICT which are determined by the Texas General Land Office to exceed actual or reasonable costs for performances rendered under said Texas General Land Office CDBG Hurricane Harvey State Mitigation contract, the DISTRICT will be responsible and pay for any such costs. 3. The DISTRICT ENGINEER hereinafter referred to as the "PROJECT ENGINEER" shall coordinate with the CITY and the DISTRICT on all plans and specifications. EXHIBIT "A' 4. Prior to the bidding process, the Project Engineer shall submit specifications to the DISTRICT and the CITY for approval. 5. The DISTRICT shall fully and satisfactorily perform all of the conditions and obligations as lead entity under the terms of the CDBG-MIT Contract. 6. The DISTRICT shall submit such reports as are required by the CDBG-MIT Contract. 7. The DISTRICT and the CITY may terminate this Contract in whole or in part at either of the following times: (1) Upon notification by the GLO of the termination of said CDBG-MIT contract, or (2) upon a violation of the terms of the Contract by other party. 8. The parties agree that all land purchases and improvements placed thereon, and all drainage facility improvements acquired by funds from said CDBG-MIT contract and/or purchased or provided by the CITY shall be conveyed in fee simple to the DISTRICT upon completion of the grant contract. In consideration therefore, the DISTRICT agrees and will assume all legal responsibilities and obligations connected with the improvements and operation of said drainage facilities. 9. This is a good faith effort between the DISTRICT and the CITY to accommodate and assist the citizens within Jefferson County Drainage District No. 6, by providing improved drainage to the project target area and each of the entities here do pledge their best efforts to fulfill the obligation set forth herein as well as the obligations and requirements set forth in said CDBG-MIT contract if awarded by the Texas General Land Office, the same being incorporated herein by reference the same as if fully set forth in this Contract. JEFFERSON COUNTY DRAINAGE DISTRICT NUMBER 6 WITNESS OUR HANDS effective this day of ��" �'�_, 2020- ��' t V, Lv�l " � e W. Allen, President )n County Drainage District Number 6 ATTEST: Charles " ck" Guill y, Secretary Jefferson County Drainage District Number 6 CITY OF BEAUMONT WITNESS OUR HANDS effective this day of , 2020. Kyle Hayes, City Manager City of Beaumont ATTEST: Tina Broussard, City Clerk City of Beaumont 2 October 20, 2020 Consider a resolution authorizing the City Manager to submit an application to the Texas General Land Office (GLO) for Community Development Block Grant — Mitigation (CDBG- MIT) Program funding for a new Water Treatment Plant BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED, BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: October 20, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to submit an application to the Texas General Land Office (GLO) for Community Development Block Grant — Mitigation (CDBG-MIT) Program funding for a new Water Treatment Plant. BACKGROUND Hurricane Harvey severely impacted the City of Beaumont and -the City's ability to produce treated water. - In order to increase resiliency within the Water System, a new west end Water Treatment Plant; to work in conjunction with our existing Water Plant on the east side of town, is proposed. The proposed new plant would be located in the west end of Beaumont out of the areas flooded by Harvey. The plant would use raw water from the LNVA canal system to produce treated water and would replace the current Loeb groundwater treatment system. The estimated cost of the project is $98,893,419.90 with a required 1% match in the amount of $988,934.20. FUNDING SOURCE Capital Program — Water Improvements Fund. The estimated cost to be paid by the City is $988,934.20. RECOMMENDATION Approval of the resolution. JII� PUBLIC . MANAGEMENT EST.19S4 Planning • Financing • Management October 20, 2020 Mayor and Council City of Beaumont 801 Main Street Beaumont, Texas 77701 RE: BEAUMONTCDBG-MIT APPLICATION Dear Mayor and Council: Please allow this letter, and the detail contained within, to serve as the basis for discussion for the City's application in the upcoming Community Development Block Grant — Mitigation (CDBG-MIT) competition. The project consists of the construction of a new surface water treatment facility. The enclosed documents detail the project area, project scope, project budget, project beneficiaries, and . project schedule. The final application budget is presented below: Activity Grant Match Total.. Construction $81,601,990.90 $988,934.20 $82,590,925.10 Acquisition $1,615,300.00 $0.00 $1,615,300.00 Engineering $11,834,500.00 $0.00 $11,834,500.00 Administration $3,841,629.00 $0.00 $3,841,629.00 Total $98,893,419.90 $988,934.20 $99,882,354.10 Please note, the 1% local match commitment has been allocated to the construction activity and will be expected to be expended at the start of construction. In addition, the following items areincluded for .final approval and authorization to submit this application to the Texas General Land Office (GLO) on or before October 28, 2020: • Application Resolution • SF-424 Form (requires signature) • Local Certification (requires signature) The approved application resolution and the forms requiring signatures will need to be completed and sent back to me for inclusion with the official application material. Respectfully, Patrick K. Wiltshire President and CEO T 281.592.0439 F 281.592.1734 W publicmgt.com E info@publicmgt.com P.O. Box 1827 Cleveland, TX 77328 RESOLUTION NO: A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS GENERAL LAND OFFICE (GLO) FOR COMMUNITY DEVELOPMENT BLOCK GRANT - MITIGATION (CDBG-MIT) PROGRAM; AND AUTHORIZING THE MAYOR AND/OR CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER(S) AND AUTHORIZED REPRESENTATIVE JN.ALL MATTERS PERTAINING. TO THE CITY'S . PARTICIPATION. IN THE COMMUNITY DEVELOPMENT BLOCK GRANT — MITIGATION (CDBG-MIT) PROGRAM. WHEREAS, Hurricane Harvey (DR-4332) severely impacted the City of Beaumont; and WHEREAS, The City of Beaumont desires to increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and loss of property, and. suffering and hardship; by lessening the impact of future disasters; and WHEREAS, The City of Beaumont desires a viable community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low -to -moderate income; and WHEREAS, The City of Beaumont aims to Affirmatively Further Fair Housing by identifying projects that overcome or do not increase patterns of residential segregation based on race, color, religion, national origin, sex, disability or family status; WHEREAS, it is necessary and in the best interests of the City of Beaumont to apply for funding under the Community Development Block Grant — Mitigation (CDBG-MIT) Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY.COUNCIL OF BEAUMONT TEXAS: 1. That a Community Development Block Grant — Mitigation (CDBG-MIT) Fund application is hereby authorized .to be filed by the City of Beaumont with the General Land Office for the mitigation efforts under Hurricane Harvey State Competition. 2. That the project detailed within the application will include the construction of anew surface water treatment plant for the City of Beaumont which has . been identified -as a risk .due to Hurricanes/Tropical Storms/Tropical Depressions and Riverine Flooding, thereby,placing undue and certain health and safety risks on residents. 3. That the CDBG-MIT Application request amount be filed for $98,893,419.90. 4. That the application will require a 1% cash match, based on CDBG=MIT application request amount, in the amount of $988,934.20 committed by the City of Beaumont from the General Fund. 5. That the total project cost is $99,882,354.10 to include construction, engineering, acquisition, and administration services. 6. That the City Council directs and designates the Mayor and/or City Manager as the City's Chief Executive Officer(s) and Authorized Representative to act in all matters in connection with this application and the City's participation in the Community Development Block Grant - Mitigation (CDBG-MIT) Program. 7. That all funds will be used in accordance with all applicable federal, state, local and . programmatic requirements including but not limited to procurement, environmental review, labor standards, :real property acquisition, fair housing, and civil rights requirements. Passed and approved this . day of , 2020. MAYOR CITY SECRETARY ATTEST: OMB Number: 4040-0004 Expiration Date: 12/31/2022 Application for Federal Assistance SF-424 ' 1. Type of Submission: ❑ Preapplication ® Application Changed/Corrected Application ` 2. Type of Application: ' If Revision, select appropriate letter(s): ® New Continuation ' Other (Specify): ❑ Revision ' 3. Date Received: 4. Applicant Identifier. 10/28/2020 5a. Federal Entity Identifier. 5b. Federal Award Identifier. State Use Only: 6. Date Received by State: 7. State Application Identifier. 8. APPLICANT INFORMATION: ' a. Legal Name: City of Beaumont Employer/Taxpayer Identification Number (EIN/TIN): ' c. Organizational DUNS: 0739011800000 -746000278 d. Address: ''Streetl: 801 Main Street Street2: `City: Beaumont County/Parish: 'State: TX: Texas. Province: 'Country: USA: UNITED STATES . Zip / Postal Code: 77761-0000 e. Organizational Unit: Department Name: Division Name: Adiinistration City of Beaumont 777-1 f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mr ' First Name: Bart Middle Name: ' Last Name: Bartkowiak Suffix: Title: Director of Public'Works & Technology Service Organizational Affiliation: Administration ' Telephone Number. 409-880-3752 Fax Number: 409-880-3712 `Email: Bart.Bartkowiak@beaumonttexas.gov Application for Federal Assistance SF-424 * 9. Type of Applicant 1: Select Applicant Type: C: City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: ' Other (specify): * 10. Name of Federal Agency: United States Department of Housing and'Urban Development 11. Catalog of Federal Domestic Assistance Number: 14.228 CFDA Title: Community Development Block Grant - Mitigation (CDBG-MIT) * 12. Funding Opportunity Number: FR-6109-14-02. ' Title: Community Development Block Grant - Mitigation (CDBG-MIT) 13. Competition Identification Number: N/A Title: N/A 14. Areas Affected by Project (Cities, Counties, States, etc.): Add Attachment Delete Attachment View Attachment * 15: Descriptive Title of Applicant's Project: Water System Improvement - Surface Water Plant. Citywide Benefit. Attach supporting documents as specified in agency instructions. Add Attachments Delete Attachments ViewAttachments Application for Federal Assistance SF-424 18. Congressional Districts Of: *a. Applicant 1q `b.Program/Project CDBG Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment Delete Attachment View Attachment' 17. Proposed Project: ' a. Start Date: 11/O1/2021 ' b. End Date: 10%31/2027. 18. Estimated Funding ($): ' a; Federal ..98, 893, 419. 90 ' b. Applicant 988, 934.20 ' c. State 0.00 ' d. Local 0.00 ` e. Other 0.001 * f. Program Income 0.00 •g.TOTAL 99,882,354.10 * 19. Is,Application Subject to Review By State. Under Executive Order 12372 Process? a. This application was made.available to the State under the Executive Order 12372 Process for review on . ❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E.O. 12372. * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment) Yes ® No If "Yes", provide explanation and attach Add Attachment Delete Attachment View Attachment - .21. *By signing this application, 1 certify (1) to the statements contained in the list of certifications'* and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances*' and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) Z *` I AGREE " The list of certifications and assurances, or an Internet site where you may obtain this list, is contained •in the announcement or agency specific instructions. Authorized Representative: Prefix: Mr. * First Name: Kyle Middle Name: * Last Name: Hayes Suffix: *Title: City Manager 'Telephone Number. 409-880-3770 Fax Number. 409-880-3712 *Email: Kyle.Hayes@BeaumontTexas.gov gnature ofAuthonzed Representative: Lsi 'Date Signed:10/20/2020 Texas General Land Office Community Development and Revitalization Division l � TXGLO Mitigation - Local Certifications Each Applicant for Community Development Block Grant Mitigation ("CDBG-MIT") funding must complete Federal Assistance Standard Form 424 (SF-424) and certify that local certifications included in this application guide were followed in the preparation of any CDBG-MIT program application. Additionally, Applicant must certify that it will continue to follow local certifications in the event that funding is awarded and Applicant is reclassified as a Subrecipient. Each Applicant/Subrecipient mush comply with the provisions of the National. Environmental Policy Act ("NEPA"), the Council on Environmental Quality ("CEQ") regulations, the requirements set forth in Title 24 of the Code of Federal Regulations ("CFR") part 58, and applicable Texas General Land Office policy directives. Each Applicant/Subrecipient must comply with all applicable federal and state laws, including environmental, labor (Davis -Bacon- Act), the procurement procedures and contract requirements found at 2 C.F.R. §200.318 - §200.326, and all civil rights requirements. Each Applicant/Subrecipient certifies; as outlined in 84 FR 45838 (August 30,2019), the following: A. The Applicant/Subrecipient certifies that it has in effect and if following a residential anti - displacement and relocation assistance plan in connection with any activity assisted with CDBG- MIT funds. . B. The Applicant/Subrecipient certifies its compliance with restrictions on lobbying as required by 24 C.F.R. part 87, together with disclosure forms, if required by part 87. C. Any entity or entities designated by the subrecipient, and any contractor, subrecipient, or designated .public agency carrying out an activity with CDBG-MIT -funds,, possess(es) the legal authority to carry out the program for which it is seeking funding, in accordance with applicable HUD regulations and .the federal register notice. The subrecipient certifies that activities to be undertaken with CDBG-MIT funds are consistent with the Action Plan. D. The Applicant/Subrecipient. certifies that it will comply with the acquisition and relocation requirements of the Uniform Relocation Act ("URA"), as amended, and implementing regulations at 49 CFR part 24, except where waivers or alternative requirements are provided for CDBG-MIT funds. E. The Applicant/Subrecipient certifies that it will comply with Section' 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. §1701u) and implementing regulations at 24 C.F.R. part 135. Mitigation - Local Certifications I Page 1 of 3 F. The Applicant/Subrecipient certifies that it is following a detailed citizen participation plan that satisfies the requirements of 24 CFR §91.115 or §91.105 (except as provided for in notices providing waivers and alternative. requirements for this grant). Also, each local government receiving assistance from a state grantee must follow a detailed citizen participation plan that satisfies the requirements of 24 CFR §570.486 (except as provided for in notices providing waivers and alternative requirements for this grant). G. The Applicant/Subrecipient certifies that it is complying with each of the following criteria: 1) Funds will be used solely for necessary expenses related to mitigation .activities, as applicable, in the most impacted and distressed areas for which the President declared a major disaster in 2015, 2016, or 2017 pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974 (42 U.S.C. §5121,et seq.). 2) With respect to activities expected to be assisted with CDBG-MIT funds, the relevant action plan has been developed to give priority to activities that will benefit low- and moderate -income families. 3) The aggregate use of CDBG-MIT funds shall principally benefit low- and moderate - income families in a manner that ensures that at least 50 percent (or another percentage permitted by HUD in a waiver published in an applicable Federal Register notice) of the CDBG-MIT grant amount is expended for activities that benefit such persons. 4) The Applicant/Subrecipient will not attempt to recover any capital costs of public improvements assisted with CDBG-MIT funds by assessing any amount against properties owned and occupied by persons of low- and moderate -income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: i. _ CDBG-MIT funds are used to pay the proportion of ,such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under this title; or ii. For purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary that it lacks sufficient CDBG funds '(in any form) to comply with the requirements of clause (a). H. The Applicant/Subrecipient certifies that the grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d), the Fair Housing Act (42 U.S.C. §3601-§3619), and implementing regulations, and that it will affirmatively further fair housing. I. The Applicant/Subrecipient,certifies that it has adopted and is enforcing the following. policies, and, in addition, must certify that they will require local governments that receive grant funds to certify that they have adopted and are enforcing: 1) A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; 2) A policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location that is the subject- of such nonviolent civil rights demonstrations within its jurisdiction. Mitigation - Local Certifications Page 2 of 3 J. The Applicant/Subrecipient certifies that it (and any administering entity) currently has or will develop and maintain the capacity to carry out mitigation activities, as applicable, in a timely manner.and that the subrecipient has reviewed the respective requirements of this notice. . K. The Applicant/Subrecipient certifies that it will not use CDBG-MIT funds for any activity in an area identified as flood prone for land use or hazard mitigation planning purposes by the state, local, or tribal government or delineated as a Special Flood Hazard Area (or 100-year floodplain) in FEMA's most current flood advisory maps, unless it also ensures that the action is designed or modified to minimize harm to or within the floodplain, in accordance with Executive Order 11988 and 24 C.F.R. part 55. The relevant data source for this provision is the state, local, and tribal government. land use regulations and hazard mitigation plans and the latest -issued FEMA data. or guidance, which includes advisory data (such as Advisory Base Flood Elevations) or preliminary and final Flood Insurance Rate Maps. L. The Applicant/Subrecipient certifies that its activities concerning lead -based paint will comply with the requirements of 24 CFR part 35, subparts A, B, I, K, and R. M. The Applicant/Subrecipient certifies that it will comply with environmental requirements at 24 CFR part 58. N. The Applicant/Subrecipient certifies that it will comply with applicable laws. WARNING: ANY PERSON WHO KNOWLINGLY MAKES A FALSE CLAIM OR STATEMENT TO HUD MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES UNDER 18 U.S.C. §287; 18 U.S.C. §1001, AND 31 U.S.C. § 3729. Except as otherwise provided under federal law, any person who knowingly and willfully falsifies, conceals, or covers up a material fact by any trick, scheme or device or who makes any materially false; fictitious, or fraudulent statement or representation or who makes or uses any. false writing or document knowing the writing or document to contain materially false, fictitious, or fraudulent statement or entry shall be prosecuted under Title 18, United States Code, § 1001. Kyle Hayes, City Manager 10/20/2020 Printed Name of Authorized Signatory SIg atzsre ofA'uthorizec Signatory. Date Mitigation - Local Certifications . Page 3 of 3 BEAUMONT TEXAS September 21, 2020 Patrick K. Wiltshire President / CEO Public Management, Inc. 15355 Vantage Parkway W., Suite 108 Houston, Texas 77032 RE: MITIGATION JUSTIFICATION Dear Mr. Wiltshire: As described in the Beneficiary Justification Memo, the two major sources of potable water for. the City of Beaumont are the Pine Street Surface Water Treatment Plant (SWTP) located in the eastern part of the City and Loeb Groundwater Facility (Loeb GW Facility) located in the northern part of the City. An aging pipe network connects these two facilities and provides potable water to the City. The Pine Street SWTP receives raw water from Lawsons Raw Water Pump Station (RWPS) which is located north of the Pine Street SWTP. In the recent years, the City has experienced negative impacts to their potable water supply system due to hurricanes and tropical storms. Tropical Storm Harvey was especially severe on Lawson RWPS and Loeb GW Facility and led to City of Beaumont unable to provide potable water to its citizens for 9 days. PAST Lawsons RWPS is located within the 100-year flood .plain was flooded during Tropical Storm Harvey in 2017. Due to the flooding, the RWPS was inaccessible to plant staff and was inoperable until the water levels receded. Due to the damage from flooding of the pump station and the raw water line, capacity of the RWPS has been reduced to approximately 30 MGD. Lawson RWPS was flooded and was inoperable.' This resulted in the City being unable to provide adequate potable water to the distribution system and had to issue boil water notice for 9 days to safeguard public health. Parts of Pine Street SWTP are located within the 100-year flood plain. Pine Street SWTP is a critical source of potable water to the City. Loss of Pine Street SWTP will mean losing access to potable water:in the City due to Loeb GW Facility being currently offline..The importance of Pine Street SWTP was felt during Tropical Storm Harvey when the Loeb GW Facility was completely under water and the Pine Street SWTP was partially flooded. The Pine Street SWTP's electrical power grid was flooded and the essential services at the plant ran on emergency'power for several days. Flood waters almost reached the electrical building and the City staff was able to place sand bags around the area to keep.flood waters out of the building. The City came close to running out of essential chemicals (Caustic and Alum) due to lack of access to the plant. PUBLIC WORKS T 409.880.3725 0 F 409.880.3732 PO Box 38271 Beaumont, TX 77704 801 Main St.12N1 Floor I Beaumont, TX 77701 beaumonttexas.gov Unable to receive raw water from Lawsons RWPS, the plant could not meet the water demands in the City for several days. Tropical Storm Harvey impacted the raw water quality at the Pine Street SWTP which clogged the filters and further reduced their already limited potable water output to the distribution system. Pine Street SWTP is rated to treat 40 MGD but its capacity has been limited to approximately 30 MGD as result of damage to Lawsons raw water pump station and pipeline. The second major supplier of the City's potable water, Loeb GW Facility was also flooded during Tropical Storm Harvey in 2017 and has been offline since. The City has tried to bring Loeb GW Facility online several times since 2017 but has been unsuccessful due to Loeb GW Facility producing poor distribution system water quality. This is due to its inability to maintain satisfactory chloramine residuals as a result of differences in water chemistry as compared to the surface water source from Pine Street SWTP. PRESENT As mentioned before, Loeb GW Facility continues to be offline since 2017. Loss of Loeb GW Facility has resulted in a 10 MGD reduction in total drinking water production capacity. Due to the loss of Loeb GW Facility, the Pine Street SWTP is providing most. of the potable water to the City ever since Tropical Storm Harvey. During high demand periods, Pine St. SWTP is unable to meet the high demands. The water distribution system has experienced significant water quality issues and loss of pressure during high demand periods. As a result of these circumstances, the Dishman elevated storage tank is currently offline thereby reducing - the volume of emergency storage accessible to the community. Pine Street SWTP has had to increase the pressure of potable water leaving the SWTP on the eastern part of the City to maintain adequate pressure in the system on the western part of the City. One consequence of this action has been that the aging pipes in the eastern part of the City have not been able to withstand these higher pressures and there have been multiple line breaks disrupting the potable water supply in the City. The City continues to be vulnerable to hurricanes and tropical storms and needs to mitigate the risk of future flooding. Furthermore, The City's current capacity may not be enough to meet future water demands unless a new potable water supply is constructed. Another disaster will negatively impact the City's potable water System if improvements are not implemented. The City's latest attempt, to start-up Loeb GW Facility in late 2019 had to be terminated due to water quality issues in the distribution system described above. FUTURE Since Tropical Storm Harvey, the City has benefited from meteorological conditions that have helped to suppress water demand. Should the City enter a period of exceptionally warm temperatures, drought, or high water demand, circumstances will worsen, water shortages will be exacerbated, and water rationing will have to be implemented, and expensive emergency actions will have to be taken. Making improvements to the existing sources of water does. not alleviate the risk of future flooding. Only by constructing a new SWTP at a location safe from flooding will allow the City to maintain water supply during hurricanes and tropical storms. The City has. considered multiple .alternatives for addressing its, system vulnerabilities, including expansion of the Pine Street SWTP, replacement of the Lawson's RWPS, and hardening and reconstruction of the Loeb GW Facility. Of these options, replacement of the Lawson's RWPS has been Page 2 of 3 determined to be feasible and cost effective. Hardening and reconstruction of the Loeb GW Facility and Hardening and expansion -of the Pine St. SWTP are both problematic for several reasons: • Hardening of the Loeb GW Facility will be expensive .since Tropical Storm Harvey flooded the plant. The plant was under 6 feet of water and raising the building and equipment above flood levels will be an expensive endeavor. • Loeb GW Facility produces an undesirable finished water quality that creates unstable chloramine residual concentrations within "the distribution system as compared to the surface water source. • Expensive transmission line. improvements will be needed to satisfy system pressure on the far .west side of the system if only Pine Street SWTP is utilized. • The Pine Street SWTP is aging and will ultimately need replacement. Continuing to use it as the City's only water source does not make for a good, long term plan. • Pine Street SWTP creates a single point of failure for the City's drinking water system if a second source is not reinstated. The City of Beaumont is planning -the -construction of a 15 MGD SWTP on the west side of the City which will provide the following advantages: • The new SWTP will be built outside of the 100-year flood plain and will be safer from flooding. The location of the new SWTP will be on the western side of the City at a higher elevation and further inland from Nehces .River that will make it more resistant to hurricanes and tropical storms. • The new SWTP allows the City to meet future water demands by working in conjunction with the existing potable water supply systems. • Hardens the City's water system against future natural disasters. • Provides a more resilient and diversified water supply. • Prevents the City from having to further invest in aging infrastructure in flood prone areas. • Reduce and prevent future MCL violations, boil water notices, and outages during catastrophic events. • Addresses low water pressure issues within the City. • Provides a more efficient alternative to future rehabilitation of the aging Pine Street. • Ensure public health and safety for years to come. Respectfully, Amalia "Molly" Villarreal City Engineer Page 3 of 3 September 21, ZUZU Patrick K. Wiltshire President % CEO . Public Management, Inc. 15355 Vantage Parkway W., Suite 108 Houston, Texas 77032 RE: BENEFICIARY JUSTIFICATION Dear Mr. Wiltshire: 1 City of Beaumont has two major sources of potable water: Pine Street .Surface Water Treatment Plant (SWTP) located in the eastern part of. the City and Loeb Groundwater Facility (Loeb GW Facility) located in the northern part of the City (Figure 1). An aging piping network connects these two facilities and provides potable water to the entire City. .The Pine Street SWTP receives raw water from Lawsons Raw Water Pump Station (RWPS) which is located north of the Pine StreetSWTP: Figure 1: City of Beaumont Existing Water Service Area Map Ltisb'around' c u uiFeEr 96 Nriti?Fael9ty Lauvsand g�:wace�� .; 105 PM2o4�a w.a�.tsN'suFtac eo WaUi.Tniahn imp, PiieUn® Buit�ce)AhUi ;:.:'Rta6nid Plant :::, a ala ol� `SfuegeTankt 90 96 98 jr , 3 tNG P�ri;Stotai ,TaiiTs 0 PUBLIC WORKS T 409.880.3725 F 409.880.3732 801 Main St. � 2ND Floor I Beaumont, TX 77701 beautnon#texas.goy The entire distribution system including the- Pine Street SWTP, Loeb GW Facility, and Lawsons RWPS are interconnected and provide potable water to the entire City including the prisons located in the southeastern part of the City, and area near Dishman storage tank located in the western part of the City. Both the Pine_ Street SWTP and Loeb GW Facility need to be in. service working together to provide adequate potable water to the City during high demand periods. Loss of any one. component system_ disrupts the potable water supply to the City. PAST In the recent years, the City has experienced negative impacts to their potable water supply system due to the various tropical storms. Previous hurricanes and tropical storms and their effect on City of Beaumont's potable water system are as follows: • In 2005, storm surge from Hurricane Rita stirred up the raw water supply and deteriorated the water quality to the Pine Street SWTP. Uprooted trees broke several pipes in the distribution system and caused severe disruption in potable water service for the entire City. • In 2008, the storm surge from Hurricane Ike penetrated inland and contaminated the water supply for Beaumont with salt water. The City had to issue a boil notice to safeguard public health for several days. • -In 2017, the Lawsons RWPS was flooded and made inoperable by Tropical Storm Harvey. This resulted in the City being unable to provide adequate potable water to the distribution system. Tropical. Storm Harvey also impacted the raw water quality at.the Pine St. SWTP which.clogged the filters and further reduced their already limited potable water output to the distribution. system. Loeb GW Facility was flooded during Tropical Storm Harvey and has been oMine since. Loss .of Loeb GW :facility has resulted in a 10 MGD reduction in total drinking water production capacity. The City of Beaumont lost the ability to provide water to its Citizens for 9 days and had to issue a boil notice to safeguard public health. PRESENT Due to Loeb GW Facility still being offline, the sole source of water supply to the.City is from Pine Street SWTP. Pine Street SWTP is rated for 40 MGD but its capacity has been -limited to approximately.30 MGD as result of damage to Lawsons raw water pump station and pipeline. During high demand periods, Pine Street SWTP is unable to maintain system pressure in the distribution system. This. has led to a vicious cycle where the City, in order to maintain system pressure.has increased the pressure leaving the SWTP which led to multiple line breaks in the pipe network. The water distribution system has experienced significant water quality issues and:.loss of pressure during high demand periods. FUTURE To increase water supply resiliency, system redundancy, and to provide for future water demands, the City of Beaumont is planning the construction of a 15 MGD SWTP on the west side of the City as shown in Figure 1. This new SWTP will be located at an elevation where flooding will not pose a danger to its infrastructure and will act as an additional source of potable water for the entire system. Constructing a new SWTP on the west side of the City will benefit the entire City by providing reliable water supply, improving the distribution system pressures, and reduce future MCL violations, boil water Page 2 of 3 notices, and outages during catastrophic events. This new SWTP will also service as a location for long term expansion and replacement of the aging Pine Street SWTP. Respectfully, Amalia "Molly" Villarreal City Engineer Page 3 of 3 y V t g f t x Legend Beaumont CCN 10995 Ba dory 4 ta."ik i+ i t City Limits t' � L • Blork Groups Block Gm P 0 51%LMI T `}.i FA% f it tom. 1 - y p✓�h.,, 7 I t n 4 E t yt 1v } JIID PUBLIC CITY OF BEAUMONT, TEXAS MANAGEMENT LMI LOCATIONS IPIACE 148 107000 1Beaumontcity JTX 1 34,2501 52,6251 113,9601 46.18%1 * - CDBG-MIT: Budget Justification of Retail Costs (Former Table 2) Cost Verification Controls must be in place to assure that construction costs are reasonable and consistent with market costs at the time and place of construction. Applicant/Subrecipient: CITY OF. BEAUMONT Site/Activity Title: WEST SIDE SURFACE WATER TREATMENT Eligible Activity: Water Infrastructure Materials/Facilities/Services $/Unit. Unit Quantity Construction Acquisition Total CONSTRUCTION COST OF SWTP Raw Water Intake $ 1,251,300 LS 1 $ 1,251,300.00 $ $ 1,251,300.00 Raw Water Pump Station, Piping, and Appurtenances $ 6,254,300 LS 1 $ 6,254,300.00 $ - $ 6,254,300.00 SITE CIVIL Clearing $ 217,500 LS 1 $ 217,500.00 $ - $ 217,500.00 Paving (Concrete Drive Ways, Sidewalks, Curbs) $ 261 SY 6400 $ 1,672,000.00 $ - $ 1,672,000.00 Site Grading $ 337,100 LS 1 $ 337,100.00 $ - $ 337,300.00 Chain Link Fence $ 394,100 LS 1 $ 394,100.00 $ - $ - 394,100.00 Seeding and Hydro mulching $ 204,600 LS 1 $ 204,600.00 $ - $ 204,600.00 ADMINISTRATION BUILDING AND LABORATORY Administration Building $ 470 SY 4000 $ 1,881,000.00. $ _ - .. $ 1,881,000.00 Concrete Slab $ 1,698 CY 330 $ . 561,000.00 $ - $ 561,000.00 Excavation $ 31. CY 778 $ 25,000.00 $ _ - $ 25,000.00 Backfill $ 52 CY 778 $ 41,000.00 $ - $ 41,000.00 Lab Equipment $ 703,200 LS 1 $ 704,000.00 $ - $ 704,000.00 COAGULATION FACILITIES $ 267,100 LS 1 $ 267,100.00 $ - $ 267,100.00 FLOCCULATION UNITS Concrete Walls $ 2,090 CY 930 $ 1,943,700.00 $ - $ 1,943,700.00 Concrete Slab $ 1,698 CY 660 $ 1,120,680.00 . $ - $ 1,120,680.00 Excavation $ 31 CY 1465 $ 45,400.00 $ $ 45,400.00 Common Backfill $ 52 CY 733 .$ 38,100.00 $ $ 38,100.00 Mixers $ 160,000 EA 6 $ 960,000.00 $ - $ 960,000.00 SEDIMENTATION FACILITIES Concrete Walls $ 2,090 CY 1150 $-2,403,500.00 $ - $ 2,403,500.00 Concrete Slab $ 1,698 CY 1920 $ 3,260,160.00 $ - $ 3,260;160.00 Excavation $ 31 CY 4037 $ 125,100.00 $ - $125,100.00 Common Backfill $ 52. CY 2018 $ 105,000.00 $ - $ 105,000.00 Clarification Equipment $ 825,000 EA 3 $ 2,475,000.00 $ - $ 2,475,000.00 FRP Effluent Troughs $ 200 LF 780 $ 156,000.00 $ - $ 156,000.00 Sludge Pumps $ 180,000 EA 3 $ 540,000.00 $ - $ 540,000.00 DUAL MEDIA GRAVITY FILTERS SYSTEM Concrete Walls $ 2,090 CY 330 $ 689,700.00 $ - $ 689,700.00 Concrete Slab $ 1,698 CY 490 $ 832,020.00 $ - $ 832,020.00 Excavation $ 31 CY 1125 $ .34,900.00 $ - - $ 34,900.00 Common Backfill $ 52 CY. 563 $ 29,300.00 $. - $ . 29,300.00 Blower Building $ 470 SY 2500 $ 1,175,000.00 $` - $ 1,175,000.00 Filtration Equipment $ 1,615,300 LS 1 $ 1,615,300.00 $ - $ 1,615,300.00 Blowers $ 260,000 EA 3 $ 780,000.00 $ - $ 780,000.00 Filter Media $ Boo CY 233 $ 186,700.00 $ - $ 186,700.00 Backwash Pumps $ 301,000 EA - 3 '$ 903,000.00 $ - $ 903,000.00 CHEMICAL STORAGE AND FEED SYSTEM $ 5,441,300 LS 1 $. 5,441,300.00 $ - $ , 5,441,300.00. BACKWASH CLARIFIER AND RESIDUALS PUMP STATION Concrete Walls $ 21090 CY 480 $ 1,004,077.80 $ - $ 1,004,077.80 Concrete Slab $ 1,698 CY 942 $ 1,600,327.30 $ - $ 1,600,327.30 Excavation $ 31 CY 5007 $ 155,200.00 $ - $ 155,200.00 Common Backfill $ 52 CY 3366 $ 175,000.00 $ - $ 175,000.00 Clarifier Mechanism $ 650,000 EA 2 $ 1;300,000.00 $ - $ 1,300,000.00 Backwash Solids Pumps $ 170,000 EA 2 $ 340,000.00 $ . - $ 340,000.00 TRANSFER PUMP STATION $ 1,406,400 LS 1 $:. 1,406,400.00 $ - $ 1,406,400.00 HIGH SERVICE PUMP STATION Concrete Walls $ 2,090 CY 390 $ 815,100.00 $ - $. 815,100.00 Concrete Slab $ 1,698 CY 240 $ 407,520.00 $ - $ 407,520.00 Excavation $ 31 CY 8000 $ 248,000.00 1 $ - $ 248,000.00 Common Backfill $ 52' CY 4100 $ 213,200.00 $ - $ 213,200.00 HSPS Building 1 $ 470 ICY 1 2100 $ 987,000.00 $ - $ 987,000.00 High Service Pumps (5 MGD EACH) 1 $ 560,000 1 EA 1 3 $ 1,680,000.00 1 $ - $ 1,680,000.60 Piping, Valves and Appurtenances $ 1,722,900 LS 1 $ 1,722,900.00 $ - $ 1,722,500.00 GROUND STORAGE TANKS (2.5 MG storage tanks) $ 5,220,000 EA 2 $ 10,440,000.00 $ - $ 10,440,000.00 RESIDUALS HANDLING $ 4,858,700 LS 1 $ ' 4,858,700.00 $ - $ 4,858,700.00 ELECTRICAL AND INSTRUMENATION AND CONTROL $ 11,395,100 LS 1 .$ 11,395,100.00 $ - $ 11,395,100.00 YARD PIPING $ 3,326,400 LS 1 $ 3,326,400.00 $ - $ 3,326,400.00 MAINTENANCE BUILDING Maintenance Sufficing $ 260 SY 2100 $ 546,000.00 • $ - $ 546,000.00 Concrete Slab $ 1,698 CY 180 $ 305,640.00 $ - $ 305,640.00 Excavation $ 31 CY 444 -$ 13,800.00 $ - $ 13,800.00 Common Backffll $ 52 CY 222 $ . 11,500.00 $ _' $ 11,500.00 BASIC ENGINEERING COST Planning Services . $ 1,701,400 LS ... ..1 $ . 1,701,400.00 $ = $ 1,701,400.00 Design Services $ 5,093,500 LS 1 $ 5,093,500.00 $ - $ 5,093,500.00 Construction Engineering $ 1,701,400 LS 1 $ 1,701,400.00 $ - $ 1,701,400.00 Construction Management and Inspection $ 2,132,100 LS 1 $ 2,132,100.00 $ - $ 2,131,100.00 Surveying Services $ 129,200 LS 1 $ 129,200.00 $ - $ 129,200.00 SPECIAL SERVICES.' Environmental Services $ 323,100 LS 1 $ 323,100.00 $ - $ 323,100.00 Geotechnlcal Servlces $ 215,400 LS 1 $ 215,400.00 $ .: - -$ 215,400.00 O&M Manual Preparation and Start -Up Services $ 107,700 LS 1 $ 107,700.00. $ - $ 107,700.00 Testing Services $ 430,700 LS 1 $ 430,700.00 $ - $ 430,700.00 OTHER SERVICES Land and Easement Ac ulstion $ 11615,300 LS 1 $ 1,615,300.00 $ - $ 1,615,300.00 Pilot Testing and Water Quality Testing $ 538,400 LS 1 $ 538,400.00 $. - :$ 538,400.00 Power Supply $ 215,400 LS 1 $ 215,400.00 $ - $ 215,400.00 On -Site Wetland Delineation and Mitigation $ 215,400 LS. 1 $ . 215,400.00 $ - $. 215,400.00 TOTAL $ 62,166,149 ": $ 96,040,725.10 $ - $ 96,040,725.10 1. Identify and explain the annual projected operation and maintenance costs associated with the proposed activities. Annual 0&M costs are projected to be $4.6 Million. O&M costs Include electricity costs, chemical costs, laboratory equipment costs, operating supplies and equipment costs, regular repair and maintenance costs, and building maintenance costs. 2. Identify and explain any special engineering activities. Special engineering services Include environmental studies that will have to be performend to ensurecompliance.. with USACE, geotechnical services that will have to be performed to determine soil conditions and structure foundation recommendations, O&M manual preparation for equipment operation and maintenance schedules, start-up services to get the plant Into service once construction is complete, and material testing of concrete during construction to ensure quality. OF Te) AW q 11, r.......s............. .......s.... �.,.AMALIA VILLARRE a..... � / ;.......90340 Cr. 1lo�.1/�EN\=�v=�� �Q� ✓ �Vl �-�t O Seal Dater Phone Number: Signature of Registered Engineer/Architect Responsible For Budget Justification: I L --A V J., DRAFT FIGURE X CITY OF BEAUMONT EXISTING WATER SYSTEM LEGEND e Gmurd Stomqe Tank Road Elmted SWmge Tank Rafted De Pump Staten st,-, MW, T..M MW Lake d W and S—Ift, MI., ❑ne city ❑mlt 10' and Larger Water Lin, BEAUMONT TEXAS 9910% Y x�*8- and.SnJaHer WMUMne LEGEND WWI 10' and La!g AAAX/P�- %fa r''EAUMON 07 T. a � ^ I Z yam; s �..w� a1:2 i� .0 �y,a.. 3 d �"u➢,'�''ia.2. _s4^: � 1-4-6 zt'K�� ��' p_ .,,:Sig i` ,.?�� •„� '� y ri "'9 �j F a� West Surface Water Treatment Plant Site Evaluation Study 7/31/Z01O Page 3of14 ' Figure 2:West Surface Water Treatment Plant Potential Site Locations Site2: 134.7 Acres, Site1: North Major SB1d3�� 1562,&cres s 0 • J•�rn PHASE 1 (10 MGD) BUILDING (PHASE 1) C14 IN —LINK FENCE " ' "' PHASE II (20 MGD) 0 100' 200' 400' �, i PHASE 111 4 •Jt� (30 MGD) SCALE IN FEET 14 N z RAW WATER INTAKE 10 MG ' , . R�AWW W WATER ATER� �. STRUCTURE . , , R RESERVO R z 4 PUMPXSJTAJTION; �< ,PHASE 1. IN' INE' RAPID - FLOCCULATION _ EN a %, BASIN a E RATOR� « y+ ►� ��•- G + SEDIMENTATION '{.' . q ¢ .�QAOd �.4 .BASIN , k 8 y '; RESIDUALS�" * DUAL MEDIA jHHANDLING°,BtJtl'DING ;` FILTER AND AINTENANC BLOWER .BLDG:`MES" �x BACKWASH si x w f 4 � BuiLD11uG/GARAGE ' F .CLARIFIERELEGTRICAL iBuiLIDiNG O °O ''.rCHEMIC.AL .FEED'. BUILDING, 5 4 •r '; .❑ ao -} ti�v asx+: v 1•Yv yPf,, HIGH `SERVICE •+"rI�e'#� r' PUMP_ STATION'' in- ADMINISTRATION/r r j p LAB BUILDING, , '"� :• �:�, . • GROUND STORAGE FOLSOM DR. GRAVITY .THICKENER, ._- TANK (2.5 MG) .+ , ID Task Name IDuration Start IFInIsh 2020 12021 12022 21 2024 2025 2026 1 WESTSIDE SURFACE WATER TREATMENT PLANT 30.05 mon Mon 8/2/21 IMon 11/20/ 2 - - - -- -- --- -- — -- ---------L_...__... TO PROCEED -�- j1 day ---rt------ IMon 8/2/21 ;Mon 8/2/21 II 3 _NOTICE _ Site Selection and Property Acquisition 110 mans ITue 8/3/21 :Mon 5/9/22 4 Detailed Site Assessment_ 6 mons Tue 8/3/21 `Mon 1/17/2. 5 Access Agreement 2 mons ITue 8/3/21 'Mon 9/27/21 Ew 6 Phase 1 Environmental Assessment 1 mon ITue 9/28/21 'Mon 10/25/ 7 1 mon - ;Tue 10/26/21 Mon 12/22/ 8 Wetland, natural resources, and threatened and 2 mons 'Tue ;Mon endangered species surveys i11/23/21 �1/17/22 9 Geotechnical exploration 3 mons jTue 9/28/21'Mon 12/20/ 10 Property Acquisition Water Quality Anal sis Historic Water Quality Analysis 4 mons 30 mons 2 mons ITue 1/18/22 Mon 5/9/22 Tue 9/28/21:Mon 7/4/22 !Tue 5 10 22:Mo_n 7/4/22_ 11 12 13 _ _ _ _ _ T__C ­EQ Pre -Project Planning Meeting I0 days Mon 7/4/22 :Mon 7/4/22 ♦ 7/4 14 Water Quality Sampling - - Water Rights Coordination ;6 mons 110.5 monslMon ITue 9/28/21 i;Mon 3/14/2 9/13/2]Mon 7/4/22 15 16 - -_- _ - Initial Meeting with LNVA j0 days ;Mon 9/13/21Mon 9/13/2 9/13 17 Water Rights Negotiation 16, mons 'Tue 1/18/22 ;Mon 7/4/22 18 Environmental Permitting 118 mons Tue 6/21/22!,Mon 11/6/2. 20 Design and Bidding Phase _ _ 25 mons T_e 1_2/21/2:Mon11/20/ 21 Preliminary Design 6 mons ITue 12/21/2fMon 6/6/22 2Z Process Selection 12 mons jTue 12/21/27Mon 2/14/2 23 Basin Sizing 12 mons 'Tue 2/15/22 ;Mon 4/11/2 24 Site Layout 12 mons !Tue 4/12/22 !Mon 6/6/22 25 Final Design _ _ _ _ _ _ i13 mons 30-percent Design i4 mons ITue 7/5/22 :Mon 7/3/23 ITue 7/5/22 Mon 10/24/ 26 27 60-percent Design 14 mons !Tue 10/25/2: Mon 2/13/2 28 - - --- _ _ _ _ _ _ ----:..-------------- 90=percent nt Design 4_mons ITue 2/14/23 :Mon 6/5/23 , 29 - - --- ------ - — — - Final Design Documents Completed 11 mon ;Tue 6/6/23 ;Mon 7/3/23 30 -_ ---- - Bidding and Contract Routing 4 mons ITue 8/1/23 Mon 11/20/ 23 31 ------------------- ----------= -- Advertisement 12 mons ITue 8/1/23 Mon 9/25/2 32 - ---- - ----._...-- - -- -I Bid Opening ;0 days jMon 9/25/23Mon 9/25/2 ♦, 9/ 25 t 33 Contract Routing 11 mon ITue 9/26/23 !Mon 10/23/ Ci Council Approval _ _ 1 mon ITue 10/24/2c Mon_11/20/ Construction Phase 131 mons ITue 12/19/2c.Mon 5/4/26 34 35 35 _ _ _ _ Mobilization and Submittal Processing !3 mons !Tue 12/19/2 Mon 3/11/2 37 Construction 24 mons jTue 3/12/24_Mon 1/12/2 36 --------------------- ------ - Start-up and Commissioning 2 mons ITue 1/13/26 ;Mon 3/9/26_ 39 _ _ Completion 10 days Mon 3/9/26 Mon 3/9/26 s(9 40 al _ _Substantial Final Completion - 2 mons _. ----- _--- T_ue_3/10/26 Mon 5/4/26 G� Task ® Project Summary 1 I Inactive Milestone Manual Summary Rollup ® Deadline A Project: Overall Project Schedule Split External Tasks inactive Summary Manual Summary Progress Date: Thu 9/24/20 Milestone ♦ External Milestone O Manual Task ti Start -only E Manual Progress Summary r-------- I Inactive Task Duration -only :''i Finish -only 7 Page 1 and, RESOLUTION NO: A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS GENERAL LAND OFFICE (GLO) FOR COMMUNITY DEVELOPMENT BLOCK GRANT — MITIGATION (CDBG-MIT) PROGRAM; AND AUTHORIZING THE MAYOR AND/OR CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER(S) AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT— MITIGATION (CDBG-MIT) PROGRAM. WHEREAS, Hurricane Harvey (DR-4332) severely impacted the City of Beaumont; WHEREAS, The City of Beaumont desires to increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and loss of property, and suffering and hardship, by lessening the impact of future disasters; and, WHEREAS, The City of Beaumont desires a viable community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low -to -moderate income; and, WHEREAS, The City of Beaumont aims to Affirmatively Further Fair Housing by identifying projects that overcome or do not increase patterns of residential segregation based on race, color, religion, national origin, sex, disability or family status; and, WHEREAS, it is necessary and in the best interests of the City of Beaumont to apply for funding under the Community Development Block Grant — Mitigation (CDBG- MIT) Program; 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, Section 1. That a Community Development Block Grant — Mitigation (CDBG-MIT) Fund application is hereby authorized to be filed by the City of Beaumont with the General Land Office for the mitigation efforts under Hurricane Harvey State Competition. Section 2. That the project detailed within the application will include the construction of a new surface water treatment plant for the City of Beaumont which has been identified as a risk due to Hurricanes/Tropical Storms/Tropical Depressions and Riverine Flooding, thereby placing undue and certain health and safety risks on residents. Section 3. That the CDBG-MIT Application request amount be filed for $98,893,419.90. Section 4. That the application will require a 1 % cash match, based on CDBG-MIT application request amount, in the amount of $988,934.20 committed by the City of Beaumont from the General Fund. Section 5. That the total project cost is $99,882,354.10 to include construction, engineering, acquisition, and administration services. Section 6. That the City Council directs and designates the Mayor and/or City Manager as the City's Chief Executive Officer(s) and Authorized Representative to act in all matters in connection with this application and the City's participation in the Community Development Block Grant - Mitigation (CDBG-MIT) Program. Section 7. That all funds will be used in accordance with all applicable federal, state, local and programmatic requirements including but not limited to procurement, environmental review, labor standards, real property acquisition, fair housing, and civil rights requirements. 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 20th day of October, 2020. - Mayor Becky Ames - ATTEST: City Clerk 3 October 20, 2020 Consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD6) for the proposed South Park Drainage Project and to submit an application to the Texas General Land Office for funding for the Project TO: City Council FROM: Kyle Hayes, City Manager PREPARED, BY: Bart Bartkowiak, Director of Public Works & Technology Services. MEETING DATE: October 20, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD6) for the proposed South Park Drainage Project and to submit an application to the Texas General Land Office for funding for the Project. BACKGROUND The City and DD6 will submit a joint application to the Texas General Land Office (GLO) for Community Development Block Grant (CDBG) Hurricane Harvey State Mitigation -Competition. funds.for a proposed South Park Drainage Project. This project will focus on creating anew river diversion and tying into the storm drainage system serving South Park. T.he -City of Beaumont will be the primary grant recipient for this project. The City of Beaumont and DD6 agree to split the required 1 % match 50150. The estimated project cost is $49,000,000. DD6 agrees to reimburse the City for 50% of the -match costs not to exceed $245,000:00.- FUNDING SOURCE Capital Program = Streets and Drainage Improvements Fund. The estimated cost to be paid by the City is $245,000. RECOMMENDATION Approval of the resolution. V �IIp PUBLIC MANAGEMENT EST.19S2 Planning • Financing • Management October 20, 2020 Mayor and Council City of Beaumont 801 Main Street Beaumont, Texas 77701 RE: BEAUMONTCDBG-MIT APPLICATION Dear Mayor and Council: Please allow this letter, and the detail contained within, to serve.as the basis for discussion for the City's application in the upcoming Community Development Block Grant — Mitigation (CDBG-MIT) competition. The project consists of.major drainage improvements in the south eastern portion (Hillebrandt) of the .City. The enclosed documents detail the project area, project scope, project budget, project beneficiaries, and project schedule. The final application budget is presented below: Act y . Grant Match Total. Construction $38,882,241.76 $482,508.24 $39,364,750.00 Acquisition $75,000.00 $0.00 $75,000.00 Engineering. $6,972,947.80 $0.00 $6,972,9.47.80 Administration $2,320,634.00 $0.00 $2,320,634.00 Total $48,250,823.56 $482,508.24 1 $48,733,331.80 Please note, the.1% local match commitment has been allocated to the construction activity and will be expected to be expended at the start of construction. In addition, the following items are. included for final approval and authorization to submit -this application to the Texas General Land Office (GLO) on or before October 28, 2020: • Application Resolution • SF-424 Form (requires signature) • Local Certification (requires signature) The approved application resolution and the forms requiring signatures will need to be completed.and sent back to me for inclusion with the official application material. Respectfully, Patrick-K. Wiltshire President and CEO T 281.592.0439 F 281.592.1734 W publicmgt.com E info@publicmgt.com P.O. Box 1827 Cleveland, TX 77328 RESOLUTION NO: A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING THE SUBMISSION OF. AN APPLICATION TO THE TEXAS GENERAL LAND OFFICE (GLO) FOR COMMUNITY DEVELOPMENT BLOCK GRANT - MITIGATION (CDBG-MIT) PROGRAM; AND AUTHORIZING THE MAYOR AND/OR CITY MANAGER TO, ACT AS THE CITY'S EXECUTIVE OFFICERS) AND AUTHORIZED REPRESENTATIVE IN.ALL MATTERS PERTAINING TO THE CITY'S . PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT — MITIGATION (CDBG-MIT) PROGRAM. WHEREAS, Hurricane Harvey. (DR-4332) severely impacted the City of Beaumont; and WHEREAS, The City of Beaumont desires to increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and loss of property, and suffering and hardship, by lessening the impact of future disasters; and WHEREAS, The City of Beaumont desires a viable community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low -to -moderate income; and WHEREAS, The City of Beaumont aims to Affirmatively Further Fair Housing by identifying projects that overcome or do not increase patterns of residential segregation based on race, color, religion, national origin, sex, disability or family status; WHEREAS, it is necessary and in the best interests of the City of Beaumont to apply for funding under the Community Development Block Grant— Mitigation (CDBG-MIT) Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BEAUMONT TEXAS: 1. That a Community Development Block Grant — Mitigation (CDBG-MIT) Fund application is hereby authorized to be filed.by the City of Beaumont with the General Land Office for the mitigation efforts under Hurricane Harvey State Competition. 2. That the projects detailed within the application will address major drainage improvements in the southeastern portion of the City of Beaumont which were identified as a risk due to Hurricanes/Tropical Storms/Tropical Depressions and Riverine Flooding, thereby placing undue and certain health and safety risks on residents. 3. That the CDBG-MIT Application request amount be filed for $48,250,823.56. 4. That the application will require a 1% cash match, based.on CDBG-MIT application request amount, in the amount of $482,508.24 committed by the City of Beaumont from the General Fund. 5. That the total project cost is $48,733,331.80 to include construction, engineering, acquisition, and administration services. 6. That the City Council directs and designates .the Mayor and/or City. Manager as the City's Chief Executive Officer(s) and Authorized Representative to act in all matters in connection with this application and the City's participation in the Community Development Block Grant - Mitigation (CDBG-MIT) Program. 7. That all funds will be used in accordance with all applicable federal, state, local and programmatic requirements including but not limited to procurement, environmental review, labor standards, real property acquisition, fair housing, and civil rights requirements. Passed and approved this day of;, 2020. OWN • CITY SECRETARY ATTEST: OMB Number: 4040-0004 Expiration Date: 12/31/2d22 Application for Federal Assistance SF-424 ."..1. Type of Submission: Preapplication ® Application Changed/Corrected Application " 2. Type of Application: ' If Revision, select appropriate letter(s): ® New O'Contin.uation •Other (Specify): ❑ Revision " 3. Date Received: 4. Applicant Identifier: 16/28/2020 5a.. Federal Entity Identifier. 5b. Federal Award Identifier. State Use Only: 6. Date Received by State: 7. State Application Identifier. 8. APPLICANT INFORMATION: ' a. Legal Name: City of Beaumont ' b. Employer/Taxpayer Identification Number (EIN/TIN): ': c. Organizational DUNS: 0739011600000 746000278 _ d. Address: ' Streetl: 801 Main Street Streetl: * City: Beaumont County/Parish: 'State: TX: Texas Province: •Country: USA: UNITED STATES • Zip / Postal Code: 7-7701-0000 e. Organizational Unit: Department Name: Division Name: Adiinistration City of Beaumont f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mr.: ' First Name: Bart Middle Name: ' Last Name: Bartkowiak Suffix: Title: Director of Public Works & Technology Service Organizational Affiliation:.. Administration ' Telephone Number. 409-880-3752 Fax Number: 409-880-3712 'Email: Bart. Bart kowiak@beaumonttexas.gov Application for Federal Assistance SF-424 ' 9. Type of Applicant 1: Select Applicant Type: C: City or Townskiip Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: 'Other (specify): ' 10. Name of Federal Agency: United States Department of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 1.14.228 CFDA Title: Community Development Block Grant - Mitigation (CDBG-MIT) ' 12..Funding Opportunity Number: FR-6109-N-02 ' Title: Community Development Block Grant - Mitigation (CDBG-MIT) 13. Competition Identification Number: N/A Title: N/A 14. Areas Affected by Project (Cities, Counties, States, etc.): Add Attachment Delete Attachment View Attachment * 15. Descriptive Title of Applicants Project: Drainage Improvement - Hillebrandt. Area Benefit. Attach supporting documents as.specified in agency instructions. Add Attachments Delete Attachments View Attachments Application for Federal Assistance SF-424 16. Congressional Districts Of: * a. Applicant lq ' b. Program/Project CDBG Attach an additional list of Program/Project Congressional Districts if needed. ----— --—___---- - -- - ---- --- Add Attachment b..elete Attachment View Attachment 17. Proposed Project: * a. Start Date: 11/O1/2021 ' b. End Date: 10%91/2027 18. Estimated Funding ($): ' a. Federal 48', 250, 823. 56 ' b. Applicant 482, 508.24 • c. State 0.00 • d. Local 0.00 " e. Other 0.001 ' f. Program Income 0.00 'g.TOTAL 48,733,331,80 • 19., Is Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made available to. the State under the Executive Order 123.72 Process for review on �. Q b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E.O. 12372. ' 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) Q Yes ® No If "Yes",provide explanation and attach Add Attachment Delete Attachment View Attachment .21. "By signing this application, I certify (1) to the statements contained In the list of certifications*" and (2) that the statements herein are true, complete and accurate to the best of my knowledge. 'I also provide the required assurances'.". and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ® "" I AGREE. " The list of certifications and assurances, or an internet site _where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Mr. • First Name: Kyle Middle Name: ".Last Name: Hayes Suffix: •Title: City Manager • Telephone Number. 409-880-3770 Fax Number. 409-880-3712 'Email: gyle.Hayes@BeaumontTexas..gov LSignature of Authorized Representative: * Date Signed: 10/20/2020 Texas General Land Office Community Development and Revitalization Division Lo . Mitigation = Local Certifications Each Applicant 'for Community Development Block Grant Mitigation ("CDBG-MIT") funding must complete Federal Assistance Standard Form 424 (SF-424) and certify that local certifications included in this application guide were followed in the preparation of any CDBG-MIT program application. Additionally, Applicant must certify that it will. continue. to follow. local certifications . in the event that funding is awarded and. Applicant is reclassified as a Subrecipient. Each Applicant/Subrecipient must comply with the provisions of the. National Environmental Policy Act ("NEPA"), the Council on Environmental Quality ' ("CEQ") regulations, the requirements set forth in Title 24 of the Code of Federal Regulations ("CFR") part 58, and applicable Texas General Land Office policy directives. Each Applicant/Subrecipient must comply with all applicable federal and state laws, including environmental, . labor (Davis -Bacon- Act), the procurement procedures and contract requirements found at 2 C.F.R. §200.318 — §200.326, and all civil rights requirements. Each Applicant/Subrecipient certifies, as outlined in 84 FR 45838 (August 30,2019), the following: A. The Applicant/Subrecipient certifies that it has in effect and if Tollowinga residential anti - displacement and relocation assistance plan in connection with any activity assisted with CDBG- MIT funds. B. The Applicant/Subrecipient certifies its compliance with -restrictions on lobbying as required by 24 C.F.R. part 87, together with disclosure forms, if required by part 87. C. Any' entity or entities designatedby the subrecipient, and .any -contractor, subrecipient, -or designated public agency carrying out an activity with CDBG-MIT funds, possess(es) the legal authority to carry out the :program .for whichit is seeking funding, in accordance with applicable HUD regulations and the, federal register notice. The .subrecipient certifies that activities to be undertaken with CDBG-MIT funds are consistent with the Action Plan. D. . The Applicant/Subrecipient certifies that it will .comply with the acquisition and relocation requirements of the Uniform Relocation Act ("URA"), as amended, and implementing regulations . at 49 CFR. part 24, except where waivers or alternative requirements are provided for CDBG-MIT funds. E. The Applicant/Subrecipient certifies that it will comply with Section 3 of the Housing and Urban. Development Act of 1968 (12 U.S.C. §1701u) and implementing regulations at 24 C.F.R. part 135. Mitigation - Local Certifications Page 1 of 3 F. The Applicant/Subrecipient certifies that it is following a detailed citizen participation plan that satisfies the requirements of 24 CFR §91.115 or §91.105 (except as provided for in notices providing waivers and alternative requirements for this grant). Also, each local government receiving assistance from a state grantee must follow a detailed citizen participation plan that satisfies the requirements of 24 CFR §570.486 (except as provided for in notices providing waivers and alternative requirements for this. grant). G. The Applicant/Subrecipient certifies that it is complying with each of the following criteria: 1) Funds will be used solely for necessary expenses related to mitigation . activities,: as applicable, in the most impacted and distressed areas for which the President declared a major disaster in 2015, 2016, or 2017 pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974 (42 U.S.C. §5121 et seq.). 2) With -respect to activities expected to be assisted with CDBG-MIT funds, the relevant action_ plan has been developed to give priority to activities that will benefit low- and moderate -income families. 3) The aggregate use of CDBG-MIT funds shall principally benefit low- and moderate - income families in a manner that ensures that at least 50. percent (or another percentage permitted by HUD in a waiver published in an applicable Federal Register notice) of the CDBG-MIT grant amount is expended for activities that benefit such persons. 4) The Applicant/Subrecipient will not attempt to recover any capital costs of public improvements assisted with CDBG-MIT funds by assessing any amount against properties owned and occupied by persons of low- and moderate -income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: i. CDBG-MIT funds are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under this title; or . ii. For purposes of assessing any amount against properties owned and occupied_ by persons of moderate income, the grantee certifies to -the Secretary that it lacks sufficient CDBG funds (in any form) to comply with the requirements of clause (a). H. The Applicant/Subrecipient certifies that the grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S-.C. §2000d), the Fair Housing Act (42 U.S.C. §3601-§3619), and implementing regulations, and that it will affirmatively further fair housing. I. The Applicant/Subrecipient certifies that it has adopted and is enforcing the following policies, and, in addition, must certify that they will require local governments that receive grant funds to certify that they have adopted and are enforcing: 1) A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; 2) A policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location that is the subject of such nonviolent civil rights demonstrations within its jurisdiction. Mitigation - Local Certifications Page 2 of 3 J. The Applicant/Subrecipient certifies that it (and any administering entity) currently has or will develop and maintain the capacity to carry out mitigation . activities, as applicable, in a timely manner and that the subrecipient has reviewed the respective requirements of this -notice. .. . K. The Applicant/Subrecipient certifies that it will not use CDBG-MIT funds for any activity in an area identified as flood. prone for land use or hazard mitigation planning purposes by the state, local, or tribal government or delineated as a Special Flood Hazard Area (or 100=year floodplain) in FEMA's most current flood advisory maps, unless it also ensures that the . action is designed or modified to minimize harm to or within the floodplaiii, in accordance with Executive Order 11988 and 24 C.F.R. part 55. The relevant, data source- for this provision. is the state, local, and- tribal government. land use- regulations and hazard mitigation plans and, the. latest -issued FEMA data or. - guidance, which includes advisory data (such as Advisory Base Flood Elevations) or preliminary and final Flood Insurance Rate Maps. L. Thel Applicant/Subrecipient certifies that its activities concerning lead -based paint will comply with the requirements of 24 CFR part 35, subparts A, B, I, K, and R. M. The Applicant/Subrecipient certifies that it ;will comply with environmental requirements at 24 CFR part 58. N. The Applicant/Subrecipient certifies that it.will comply with applicable laws. WARNING: ANY. PERSON WHO. KNOWLINGLY MAKES: A FALSE CLAIM OR.; STATEMENT TO HUD MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES UNDER 18 U.S.C. §287 18 U.S.C.-§1001, AND 31-U.S.C. § 3729. Except as otherwise provided under federal law, any person who knowingly and willfully falsifies, conceals, or covers up . a material fact by any trick, scheme or device or who makes any materially false; fictitious; or fraudulent statement or representation or who makes or uses any false writing or document knowing the writing or document to contain materially false, fictitious, or fraudulent statement or entry shall be prosecuted under Title 18, United States Code, § 1001. Kyle Hayes, City Manager. 10/20/2020 Printed Name of Authorized Signatory Date Signature ofA'uthonzed Stg`natory Mitigation - Local Certifications Page 3 of 3 B.-EAUMONT September 29, 2020 Patrick K. Wiltshire President / CEO Public Management, Inc. 15355 Vantage Parkway W., Suite 108 Houston; Texas 77032 RE: - ROUTE NO.5 Dear Mr. Wiltshire: Project Site.& Description: Route No. 5 is a stormwater improvement project located in the southeast portion of Beaumont to divert stormwater from the Hildebrandt Bayou watershed directly east to the Neches ,River. The project will interconnect to the storm sewer systems along Florida Avenue and Jim. Gilligan Avenue offering improved outfall. conditions for stormwater systems. The western most. reaches of the system will interconnect with the open channel and detention basins previously improved by Jefferson County Drainage District 6 to provide increased downstream capacity by discharging directly east to the Neches River. The proposed improvement project will include roadway reconstruction and utility adjustments where necessary along with new inlets: Generally, the project includes single, dual, or triple barrel storm sewer systems coupled with a flap gate backflow preventer at the Neches River to protect against high tailwaters. -Project Schedule: The project will follow typical City of Beaumont and Jefferson County Drainage District 6 procurement, engineering, design, permitting, and construction policies as well as any requirements of the CDBG-MIT funding program. The project will first start with, procurement of grant administration and professional engineering services followed by design. Concurrently, in later phases of the design, ROW acquisition, USACE NWP Permitting, coordination/permitting with the railroads, and coordination/permitting with the oil and: gas pipelines in the. vicinity will occur. Following completion of the design, the bid will be advertised, and contract awarded following determination of qualified low bidder. NTP will be issued and the project constructed over an approximately 36-month duration. As-builts and record drawings will be produced at the completion of construction and the project and contract will be closed out following the preparation of all documentation. Beneficiary: The community will benefit from the proposed Route No. 5 through improved stormwater conveyance, and reconstructed roadways. This is area is a majority low -to -moderate income (LM) region with a mixture of single and multifamily family residences, commercial properties, and educational properties. The residents and properties within the region will benefit from reduced flood risk and improved transportation. The proposed stormwater improvement project will interconnect with the stormwater PUBLIC WORKS 0 T 409.880.3725 F 409.880.3732 PO Box3827 1 Beaumont, TX 77704 801 Main St.12N1 Floor I Beaumont, TX'77701 beaumonttexas.gov Patricl< Wiltshire September 29, 2020 Page 2 conveyance systems within the region and provide a new trunk line with improved outfall capacity directly to the Neches River. Due to the proposed installation of large box storm sewer systems, the roadways, many of which are in poor condition, will be removed and replaced which will improve the overall quality of life for residents within the area. Previous flooding threats to the area, have included significant rainfall events, .tropical storms, and. _hurricanes. These events occur semi -frequently- and - are expected to continue in the future. To provide flood risk reduction within the area, this proposed stormwater conveyance project. is recommended to. provide increased capacity to the area .as °well as provide a new additional outfall east to the Neches River away from the limited capacity of the Hildebrandt Bayou watershed. Mitigation: The community is subject -to the threat of coastal storms and flooding from both the coastal front. and inland as runoff makes it way to the gulf. Jefferson County has had over 16 disaster.declarations since 1973, over 14 of those included damages caused by flooding. Severe flood events have.occurred since 2000, beginning with severe rainstorms in October 2002. Following events:such as Hurricane. Humberto, Hurricane Rita, Hurricane Ike and major events such as July 2014, April 2016, and May 2016 have caused fatalities and the flooding of many homes, businesses, and major underpasses. The flood hazards within the area vary and include low lying areas with undersized stormwater conveyance structures — both. storm sewer and open channel along. with lack of outfall capacities. Emergency, responders and residents are frequently prevented from fully accessing the area and can be cutoff due to lack of access points. The proposed Route No. 5 project will reduce the risks of inundation and flooding within 'the southeastern portions of Beaumont by providing conveyance improvements to the stormwater drainage systems within the area. This is anticipated to reduce water surface elevations during flood and rainfall events. A reduction in water surface elevations will remove structures from flood risk and reduce water surface elevations in structures that are not completed removed from. the floodplain. The project will focus on providing protection for severe rainfall events and provide improved conveyance for the drainage within the area directly to the Neches River. Respectfully, 1 Amalia "Molly" Villarreal City Engineer + str Pin®Foresf I' toy 3 , II 2. fc_ of ti LucS Dr lz ' Z, - g ' - i{•. Ghdy.S Ave "- � rJs i)` +i I ?%s- Ir �: �:, l I : um�nt 3ldaf r'±V �7.'a: ` { F �' f^ BrlUR7Jl1 _'r )i { 31z C` '�[rDS16�C+'isri 1 j�, +� : }!� 1 ✓ I - f) i •$. Fan lvkhll 3 --YYzlid'rf = .Iran r - 0'31.o i3al lub �� Map Legend cz� ® City Limits Project Limits 12 — pzjdd: ail ' = 4{ mageSources: Esd, HERE, Garrnin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, _ METI, Esd China (Hong Kong), Esd Korea, Esh (Thailand), NGCC, (c) OpenStreelMap a 1 inch = 1.8 miles Route #5 Diversion PROJECT LOCATION DATE: September 2020 EXHIBIT a\ Stanton St .-; I �P,. }'ydrson-Ave. Y�, Van--Buren-Avl _ a; I — - �aT.J L uit" 1 c r4' Ave— a ro .�h �' LecAve VI s ' I. .:�i ns - IV 'ti 11 (�� '\ riAlma w Tre hadheedte 51. - 'Thieadneedle.5t r--I r - .J,ElgiaSi' I c,=c=E'Church St r+--- �� Church Stn:--`t---)may Z a �i N% l I r Ja — — _ _E Prpkln St I�. Pi pkm:$t 9.:._:.Q' �� o ,.._: _. ' I c 3._ c —. � tit �Adams'St;�N��• 'of \�G�p _-��� l,l . IrI y .I n -� r i Nol'an:5l I hlcc _t o II U ,� _[_Ii—_.i� -I { Krth F4rki{ K ._ ` c' M in_•aLayacaStff �t� I _�;iL�IL �t it^� E:ltaSt:_'o by `:`It _s 1 I' t l h` 1. _„—_ N a i -I L 77 `_W.IrhY-St;I - Z' _e } E IrbY.St t y. IL ,Anchor--St'1 �eY n' m 16 ' Stl^ 1 I _ jjS +I I Irgimla:St� .ram-----_. I1—}�.._EVrrginialSt=,�\ ,\ r frCamPu+� Clark:St _ I 'tI a "t I Legion Sl o + ' it jlarsl F` — t�e .ggydSt t - AlabamaSt.,:Te, ",; 71_ r Geor9 a S('_'=,n t u— ..5 Ii ells t--I I I 1I ` Y cc' _ _ Garland yt—� {!I 51 T" orac Saxe St u;. I I YLL ,i�_a nN y=.Highland.Dr- il-�-lotia St-�-moo - s� c ,t.'.or-----u,o�e`� N t _"Ore on Ave t GII255 N , ?_ it verm))cnt 51 tn. N 3 4I • _ �c\�.,'},:. � t =. > I—.<_<Joseph'St t vti- l_� �!E FlondijAv e i.S _ Florlrla�A a t�: -- ,� r ° ? %•' y 69 1 P 9t;' ty ,J'i 7 m/" ` tr ✓ '` a91L. ? 85 _Spindletop S o `� �G/ Ott �i ` R 8, S�t�._ca,1aLD� S�YQ� Map Legend '•,i a� �� � ;r City Limits I J1 - <.a, Project Limits ImageSources: Esri, HERE, Garmin, USGS, o\ oton i Intermap, INCREMENT P, NRCan, Esri Japan, MET], Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap \\ , .1'1` e, \ - t 1 inch = 1,800 feet Route #5 Diversion PROJECT SITE DATE: September 2020 EXHIBIT 2 S A "M No Map Legend City Limits Project Limits Existing Conditions Flooding DEPTH(ft) <0.25 0.26-0.50 0.51 - 1.00 1.01 -2.50 >2.50 ImageSources: Esri, HERE, Garmin, USGS, k Intermap, INCREMENT P, NRCan, Esri Japan, 4 METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap I inch = 1,800 feet X. !V V m m rQ,- A '4A 0. Route #5 Diversion EXISTING CONDITIONS DATE: September 2020 EXHIBIT CDBG-MIT: Budget Justification of Retail Costs TXGLO:- � . (Former Table 2) Cost Verification Controls must be in place to assure that construction costs are reasonable and conslstentwith market costs at the time and place of construction. Applicant/Su brecipient: Site/Activity Title: Eligible Activity: Materials/Facilities/Services $/Unit Unit Quantity Construction Acquisition Total Mobilization & Demobilization $ . 1;500,000.00 LS 1 $ 1,500,000.00 $ 1,500,000.00 Traffic control and regulation/flagmen $ 150,000.00 LS 1 $ . 150,000.00 $ 150,000.00 Tree protection/removal $ 150,000.00 LS 1 $ 150,000.00 $ 150,000.00 Roadway Excavation $ 15.00 Cy 3000 $ 45,000.00 $ 45,000.00 Remove and dispose of Concrete or Asphalt Paving with or without Curb $ 11.00 SY 22000 $ 242,000.00 $ 242,000.00 Asphalt pavement including subgrade $ 85.00 SY 22000 $ 1,870,000.00 $ 1,870,000.00. Removal & replacement of driveways (assume 20'x10') $ 550.00 EA • 175 $ 96,250.00 $ - 96,250.00 Roadway Striping & Signage $ 32,500.00 LS 1 $ 52,500.00 $ 32,500.00" Curbs $ 8.00 LF 9000 $ 72,000.00 $ 72,000.00 10'x10' RCB $ 1,415.00 LF 16800 $ 23,772,000.00 $ 23,772,000.00 10'x10' RCB; Jack& Bore $ 21800.00 LF 2100 $ 5,880,000.00 $ 5,880,000.00 Outfall Structure (headwall, rip rap) $ 65,000.00 EA 1 $ -65,000.00 $ 65,000.00 Inlets, all types (Every 400-feet) $ 6,000.00 EA 40 $ 240,000.00 $ 240,000.00 Manholes (Single.@ 700-feet) $ 6;5000 EA 10 . $ 65,000.00 $ .. 65,000.00 Junction Boxes @ major transitions $ 9b,000.00 EA 5 $ 450,000.00 $ 450,000.00 Trench safety $ 6.50 LF 7060 $ 45,500.00 $ 45,500.00 Groundwater control $ 50.00 LF 7000 $ 350,000.00 $ 350,000.00 Flapgate $ 150,000.00 EA- 1 . $ 150,000.00 $ 150,000.00 Sanitary Sewer Crossing Adjustment/Sleeve $ 6,500.00, EA 5 $ 32,500.00 $ 32,500.00 Water Line Crossing Adjustment/Sleeve $ 6,500.00 EA 7 $ 45,500.00 $ 45,500.00 Oil &Gas Pipeline Adjustment/Sleeve $ 51,500.00 EA 41 $ 2,111,500.00 $ 2,111,500.00 Contaminated Soils Remediation $ . 2,000,000.00 LS 1 $ 2,000,000.00 $ 2,000,000.00 . Easement $" 1.50 SF 50000. $ 75,000.00 $ 75,000.00 Engineering Surveying Fees .$ 5,915,962.50 PCNT 1 $. 5,915,962.50 $ 5,915,962.50 Geotech, Materials Testing $ 788,795.00 PCNT 1 $ 788,795.00 $ 788,795.00 USACE Permits $ 39,439.75 PCNT 1 $ 39,439.75 $ 39,439.75 Contaminated Soils Testing $ 228,750.55 PCNT :. 1 $ 228,750.55 $. 228,750.55 TOTAL $ 46,337,697.80 $ 75,000.00 $ 46,412,697.80 1. Identify and explain the annual projected operation and maintenance costs associated with the proposed activities. Typical stormwater maintenance costs in line with normal City and DD6 activities. There are storm sewers in the alignment and future mainteinace activities will be similar. 2. Identify and explain any special engineering activities. USACE NWP permitting, Oil & Gas pipeline coordination/adjustments, potentially contaminated soil testing and redmediation Page 1 of 2 OF TF � Date: i g • . •; 0 Phone Number: �R -1 $S AMALIA VILLARREAC �L..... ......i.....,� • cc X :......90340�� •M. see AW *It /ON A It/ONA 1, ` a 0 Signature of Registered Engineer/Architect Responsible Seal For Budget Justification:. Page 2 of 2 fj) IL J t "A CL, n Exon- L -a=) 0 ve > 6 it z >-- 1P > < C - : - - . A . " , . 1 "1 oleley- ve I — - - F L states- It-st 5 'e'w c RobertG.Av o > k it A2 2., Il t-S rrio ei d S t­-,_—_.=_--, - — L ;buther all e. 1: i1­1- > t chil�Z;h SU < > J % t H �h r > e e 0 t st­ C) Keith St —Nora L dv 6c, Lela'St ' ( i c� i a tn it S r a 'a NO T L­ U SFtott I ul IF- -4, irgullV, % V St 7 ­"VV-_ Hi gh I a n rn J -Florida-Ave" "_z:- L - F.' A- I J Map Legend City Limits Project Limits ImageSources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, MET], Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap I inch = 2,497 feet Route #5 Diversion PROJECTAREA OF INFLUENCE DATE: September 2020 1 EXHIBIT 4D PUBLIC CITY OF BEAUMONT, TEXAS MANAG EM ENT LMI LOCATIONS Route 5 Drinaee Improvements GEOID geoname Stusab Countyname State County Tract ' ' ' ' 15000US482450022001 Block Group 1, Census Tract 22, Jefferson County, Texas TX Jefferson County 48 245 2200 1 970 1,105 1,655 66.77% 15000US482450023005 Block Group 5, Census Tract 23, Jefferson County, Texas TX Jefferson County 48 - 245 2300 5 175 205 565 36.28% 15000US482450024002 Block Group 2, Census Tract 24, Jefferson County, Texas TX Jefferson County 48 245 2400 2 455 585 875 66.86% 15000US482450024003 Block Group 3, Census Tract 24, Jefferson County, Texas TX Jefferson County 48 - 245 2400 3 420 670 795 84.28% 15000US482450025001 Block Group 1, Census Tract 25, Jefferson County, Texas TX Jefferson County 48 245 2500 1 675 1,205 1,825 66.03% 15000US482450025002 Block Group 2, Census Tract 25, Jefferson County, Texas . TX Jefferson County 48 245 2500 2 ' 840 1,405 2,075 67.71% 15000US482450026001 Block Group 1, Census Tract 26, Jefferson County, Texas TX Jefferson County 48 245 2600 1 785 865 1,150 75.22% 15000US482450026002, Block Group 2, Census Tract 26, Jefferson County, Texas TX I.lefferson County 1 481 2451 26001 21 275 1 405 1 925 1 43.78% 15000US482450026003 Block Group 3, Census Tract 26, Jefferson County, Texas TX Jefferson County 48 2451 2600 31 175 205 445 46.07% 15000US482450026004 Block Group 4, Census Tract 26, Jefferson County, Texas TX Jefferson County 48 2451 2600 41 540 765 1 885 1 86.44% 15000US482450026005 Block Group 5, Census Tract 26, Jefferson County, Texas ITX liefferson County 1 481 2451 26001 51 625 1 670 1 1,075 1 62.33% Lotalsj 5,935 1 8,085 1 12,270 1 65.89% 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 between the City of Beaumont and Jefferson County Drainage District No. 6 (DD6) for the, South Park Drainage Project. The Interlocal Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; and, BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized to submit an application to the Texas General Land Office for funding for the South Park Drainage Project. 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 20th day of October, 2020. - Mayor Becky Ames - INTER -GOVERNMENTAL AGREEMENT BETWEEN CITY OF BEAUMONT AND JEFFERSON COUNTY DRAINAGE DISTRICT NUMBER 6 STATE OF TEXAS CITY OF BEAUMONT This Agreement between the CITY OF BEAUMONT, TEXAS, whose address is 801 Main Street, Beaumont, Texas 77701 hereinafter referred to as "City" and the JEFFERSON COUNTY DRAINAGE DISTRICT NUMBER 6 whose address is 6550 Walden Road, Beaumont, Texas 77720 hereinafter referred to as "Drainage District No. 6", under the authority of the Interlocal Cooperation Act, Chapter 791 of -the Texas Government Code as follows: WHEREAS, the City and Drainage District No. 6 will submit a joint application for Texas General Land Office — Community Development Block Grant (CDBG) Hurricane Harvey State Mitigation Competition funds to the Texas General Land Office in an amount not to exceed $49,000,000.00, with the City acting as the lead entity. WHEREAS,. the CDBG Hurricane Harvey State Mitigation Competition Contract (CDBG-MIT) will provide for a river diversion project from the South Park area of Beaumont. WHEREAS, the City and Drainage District No. 6 are desirous of reciting in writing certain duties and obligations between the parties hereto: FOR AND IN CONSIDERATION of the mutual benefits flowing to the Drainage District No. 6 as well as .the City as a result of the joint application and the receipt of a contract award under the CDBG Hurricane Harvey State Mitigation Competition and in consideration of Ten Dollars ($10.00) and other good and valuable considerations 'the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. If awarded the CDBG-MIT funding for an amount not to exceed $49,000,000.00, the City and the Drainage District No. 6 agree to split 50/50 the 1% contribution of matching funds estimated at $490,000. 2. In the event any costs at the request or under the direction of/or approved by the City which are determined by the Texas General Land Office to exceed actual or reasonable costs for performances rendered under said Texas General Land Office CDBG Hurricane Harvey State Mitigation contract, the City will be responsible and pay for any such costs. 3. The Project Engineer shall coordinate with the City and Drainage District No. 6 on all plans and specifications. 4. Prior to the bidding process, the Project Engineer shall submit specifications to the City and the Drainage District No. 6 for approval EXHIBIT "A" 5. The City shall fully and satisfactorily perform all of the conditions and obligations as lead entity under the terms of the CDBG-MIT Contract. 6. The City shall submit such reports as are required by the CDBG-MIT Contract. 7. The -City and/or the Drainage District No. 6 may terminate this Contract in whole or in part at either of the following times: (1) Upon notification by the GLO of the termination of said CDBG-MIT contract, or (2) upon a violation of the terms of the Contract by other party. 8. The parties agree that all land purchases and improvements placed thereon, and all drainage facility improvements acquired by funds from said CDBG-MIT contract and/or purchased or provided by the City shall be conveyed in fee simple to the City upon completion of the grant contract. In consideration therefore, the City agrees and Will assume all legal responsibilities and obligations connected with the improvements and operation of said drainage facilities. 9. This is a good faith effort between the City and the Drainage District No. 6 to accommodate and assist the citizens of Beaumont by providing improved drainage to the project target area and each of the entities here do pledge their best efforts to fulfill the obligation set forth herein as well as the obligations and requirements set forth in said CDBG-MIT contract if awarded by the Texas General Land Office, the same being incorporated herein by reference the same as if fully set forth in this Contract. CITY OF BEAUMONT WITNESS. OUR HANDS effective this day of , 2020. Kyle Hayes, City Manager City of Beaumont ATTEST: Tina Broussard, City Clerk City of Beaumont JEFFERSON COUNTY DRAINAGE DISTRICT NUM&IV-) ER6 WITNESS OUR HANDS effective this/g� day ofXA-- , 2020. Joshua . Allen, esident Jeffer§ n County Drainage District Number 6 ATTEST: dh6ie8 "Chuck'"Chuck4 Guillory, Ucretary Jefferson County Drainage District Number 11 October 20, 2020 Consider a resolution approving the purchase of 25 vehicles for use in various City departments .. BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 20, 2020 REQUESTED ACTION: Council consider a resolution approving the purchase of 25 vehicles for use in various City departments. BACKGROUND Replacement vehicles are requested through the City's budget process. The Fleet Manager reviews the requests and evaluates the vehicles to be replaced. Based on this evaluation a recommendation is made to replace: worn and obsoletevehicles that are no longer cost effective to operate. The vehicles to be purchased are replacing models ranging from 2000 to 2017, except one Ford F-450 crew model truck that will be an addition to the City's Water Reclamation fleet. The vehicles being replaced will be disposed of in accordance with the City's surplus. equipment policy. The vehicles will be purchased from Silsbee Ford in the amount of $1,026,601.58. Pricing was obtained through the GoodBuy purchasing cooperative, which provides cities and political subdivisions the means to purchase. specialized equipment at volume pricing. GoodBuy complies with State of Texas' procurement statutes. Warranties of 36,000 miles or three years are provided for each new vehicle. Warranty service is provided by local authorized dealerships. FUNDING SOURCE Capital Reserve Fund ($825,782.25). Water Utilities Fund ($168,409.38). Solid Waste Fund (32,409.95). RECOMMENDATION Approval of the resolution. Purchase of Fleet Vehicles MF1021-12 October 20, 2020 Page 1 ITEM IDEPT. OR DIVISION DESCRIPTION QTY. TOTAL PRICE 1 PD Field ops FORD F-150 CREW CAB 4DR/4WD 1 $36,885.50 2 PD Field ops FORD INTERCEPTOR VEHICLES 6 $223,484.40 3 EMS FORD F450 AMBULANCE CHASSIC 1 $39,887.35 4 JEMS 5 ANIMAL CARE 6 ANIMAL CARE 7 FACILITIES MAINTENANCE 8 STREET & DRAINAGE 9 WATER RECLAMATION 10 PARKS & RECREATION 11 WATER DISTRIBUTION 12 PARKS & RECREATION 13 WATER CUSTOMER SERVICE 14 SEWER MAINTENANCE 14 ISOLID WASTE BUYBOARD FEE TOTAL FORD INTERCEPTOR VEHICLES FORD F250 TRUCK FORD F250 TRUCK FORD F250 TRUCK FORD F450 CREW MODEL FORD F450 CREW MODEL FORD F550 CREW MODEL FORD F350 TRUCK FORD F250 TRUCK FORD F250 TRUCK FORD F250 TRUCK FOR F250 TRUCK 1 1 2 2 4 1 1 1 1 1 1 1 25 $34,762.40 $43,267.65 $56,479.80 $75,528.30 $216,853.72 $54,213.43 $64,791.68 $47,113.05 $33,541.45 $33,541.45 $33,541.45 $32,409.95 $300.00 $1,026,601.58 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of twenty-five (25) vehicles for use by various City departments from Silsbee Ford, of Silsbee, Texas,. in the amount of $1,026.601.58 through the GoodBuy 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 20th day of October, 2020. - Mayor Becky Ames - PUBLIC HEARING Receive comments on a proposal to establish the Suez WTS USA, Inc. -Project Clear Reinvestment Zone �1 October 20, 2020 Consider approving an ordinance establishing the Suez WTS USA, Inc. -Project Clear Reinvestment Zone for the purpose of offering economic incentives BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Director of Planning & Community Development MEETING DATE: October 20, 2020 REQUESTED ACTION: Council conduct a Public Hearing to -receive comments on a proposal to establish the Suez WTS USA, Inc. -Project Clear Reinvestment Zone and approve an ordinance establishing the Suez WTS USA, Inc. -Project Clear Reinvestment Zone for the purpose of offering economic incentives. BACKGROUND Under Texas law, cities are allowed to offer a variety of economic development incentives in order to attract new development as well as encourage the expansion and upgrading of existing industries. One important incentive that a city can offer is a tax abatement under Chapter 312 of the Texas Tax Code which allows for abatement of taxes in exchange for substantial capital investment and.job creation. Cities wanting to offer tax abatements must do so in'accordance with an adopted Tax Abatement Policy and the abatement. must occur within an established Reinvestment or.Enterprise Zone. The City's Tax Abatement Policy was last approved in August, 2020. Suez Water Technology Solutions, located on College Street, just west of the Municipal Airport, -recently approached the City, seeking incentives for a potential investment of $40 million in the upgrading of their existing facility. This would result in approximately 75 construction jobs and the retention of 60 full-time jobs. In order to consider this abatement at a future meeting, the Administration. is proposing the establishment of the Suez WTS USA, Inc. -Project Clear Reinvestment Zone for the.purpose of commercial and. industrial tax abatements. The boundaries of the proposed Zone are attached and, in accordance with Chapter 312 of the Tax Code, the.designation of this area will likely result in the retention or expansion of primary employment and major investment. Once the Zone has been established, any abatement requests would be presented to City Council for consideration. All area taxing entities have been notified of the proposal to designate this zone. FUNDING SOURCE _ Not applicable. RECOMMENDATION: Council conductthe Public Hearing and approve the Ordinance. PROJECT CLEAR Legal Description Summary: Owner Geo Name Parcel Identification Leaal Descrintion Acreage SUEZ WTS USA 132295 300046-000- 000300-00000-4 A SAVERY ABS-46 TR 92 9.031 AC 9.0310 SUEZ WTS 300046-000- A SAVERY ABS 46 TR 93 18.51AC USA 132996 000310-00000-3 1#502500-000010 18.510 SUEZ WTS 300046-000- USA 386438 001250-00000-0 A SAVERY ABS 46 TR 16 2.559AC 2.5590 Total Acreage 30.100 DESCRIPTION OF APPROXIMATELY 30.10 AC. / 1,311,156 SQ. FT. A parcel containing approximately 31.10 AC. / 1,311,156 sq. ft. of land: Beginning at a southwest corner of the City Limits to Beaumont, Texas at the intersection of the most westerly border of the City and the north right-of-way line of College Street, also known as U.S. Highway 90. Also being the southwest corner of Tract 16, A. Savery Survey, Abstract 46 a 2.559 Ac. Tract; Thence, in a northerly direction along the west line of the City Limits of Beaumont and the said 2.559 Ac. Tract, a distance of approximately 899 ft. to the northwest corner of said called 2.559 Ac. Tract and the corner of the herein described Tract. Said point being in the City Limit line; Thence, in an easterly direction along the north line of said 2.559 Ac. Tract approximately 125 ft. to a point, said point being the northeast corner of the said 5.559 Ac. Tract and the northwest corner of Tract 93, A. Savery Survey, Abstract 46, an 18.51 Ac. Tract; Thence, continuing in an easterly direction along the north line of said 18.51 Ac. Tract approximately 1,063 ft. to the northeast corner of said 18.51 Ac. Tract and the northwest corner of Tract 92, S. Savery Survey, Abstract 46, a 9.031 Ac. Tract; Thence, continuing in an easterly direction along the north line of said 9.031 Ac. Tract approximately 531 ft. to the northeast corner of said 9.031 Ac. Tract; Thence, in a south southeasterly direction along the east line of said 9.031 Ac. Tract approximately 639 ft. to the southeast corner of said 9.031 Ac. Tract. Said point being located in the north right-of-way (R.O.W.) line of U.S. Highway 90 (width varies) and the City Limit line; Thence, in an west southwesterly direction along the south line of said 9.031 Ac. Tract, the north R.O.W. line of U.S. Highway 90 and the City Limit Line approximately 841 ft. to the southwest corner of said 9.031 Ac. Tract and the southeast corner of the previously mentioned 18.51 Ac. Tract; Thence, continuing in a west southwesterly direction along the south line of said 18.50 Ac. Tract, the north R.O.W. line of U.S. Highway 90 and the City Limit line approximately 870 ft. to the southwest corner of said 18.51 Ac. Tract and the southeast corner of the previously mentioned 2.559 Ac. Tract; Thence, continuing in a west southwesterly direction along the south line of said 2.559 Ac. Tract, the north R.O.W. line of U.S. Highway 90 and the City Limit line approximately 127 ft. to a corner. Said corner being the southwest corner of said 2.559 Ac. Tract, the southwest corner of the City Limits to Beaumont, Texas and the Point of Beginning and containing approximately 31.10 AC. / 1,311,156 sq. ft. of land. ORDINANCE NO. ENTITLED AN ORDINANCE DESIGNATING AN AREA AS THE SUEZ WTS USA, INC. REINVESTMENT ZONE PURSUANT TO THE TEXAS REDEVELOPMENT AND TAX ABATEMENT ACT (TEXAS TAX CODE, CHAPTER 312); PROVIDING TAX INCENTIVES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City of Beaumont endeavors to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in areas of the City; and, WHEREAS, Suez WTS USA, Inc. is seeking incentives for an investment to upgrade its facility located on College Street just west of the Municipal Airport; and, WHEREAS, it is necessary to establish a Reinvestment Zone for the purpose of commercial and industrial tax abatement before Suez WTS USA, Inc. is to be considered for incentives; and, WHEREAS, it is found to be feasible and practical and would be a benefit to the land to be included in the zone and to the City of Beaumont after the expiration of any agreement entered into pursuant to the Property Redevelopment and Tax Abatement Act; and, WHEREAS, to further this purpose, it is in the best interest of the City of Beaumont to designate the area described in Exhibit "A" and shown on Exhibit "B" as the Suez WTS USA, Inc. Reinvestment Zone pursuant to the Texas Redevelopment and Tax Abatement Act (Texas Tax Code, Chapter 312); and, WHEREAS, the zone is eligible for Commercial -Industrial tax abatement; and, WHEREAS, the area being designated is reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the City of Beaumont; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 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 City Council hereby designates the area described in in Exhibit A and shown on Exhibit "B," attached hereto and incorporated herein for all purposes, as the Suez WTS USA, Inc. Reinvestment Zone (herein referred to as the "Zone"). Section 3. That the City Council finds that the Zone meets the criteria contained in the Texas Redevelopment and Tax Abatement Act (Texas Tax Code, Chapter 312). Section 4. That the City Council finds that the designation of the reinvestment zone would contribute to retention or expansion of primary employment in the area and/or would contribute to the attraction of major investments that would be a benefit to the property and would contribute to the economic development of the municipality. Section 5. That the City Council may provide certain tax incentives applicable to business enterprises in the Zone, which are not applicable throughout the city, as allowed for in the Act. Section 6. That the City Council has established certain guidelines and criteria governing tax abatement agreements and is therefore eligible to participate in tax abatement. Section 7. That a public hearing to consider this ordinance was held by the City Council on October 20, 2020. Section 8. That this ordinance shall take effect from and after its passage as the law and charter provide. Section 9. 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 10. 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 20th day of . October, 2020. - Mayor Becky Ames -