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HomeMy WebLinkAbout11/17/2020 PACKETBEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, NOVEMBER 17, 2020 1:30 PM CONSENT AGENDA * . Approval of minutes —November 3, 2020 Confirmation of board and commission member appointments Bobby Beaver would fill the unexpired term of Andy Bogan on the Convention and Tourism Advisory Board. The term would commence November 17, 2020 and expire September 30, 2021 (Mayor Pro Tern Randy Feldschau) Christina Crawford would fill the unexpired term of Marie Broussard as the Beaumont Heritage Society's Representative on the Historic Landmark Commission. The term would commence November 17, 2020 and expire September 30, 2021 (Mayor Becky Ames) A) Authorize the City Manager to apply for and accept an Airport Project Participation Agreement (APPA) Grant from the Texas Department of Transportation (TxDOT) Aviation Division B) Authorize the City Manager to execute Change Order No. 1 to the contract with King Solutions Services, LLC C) Approve contracts to provide lubricants for use in City vehicles and equipment RESOLUTION NO. _ BE IT RESOLVED BY THE CITY COUNCIL'OF THE CITY OF BEAUMONT: THAT Bobby Beaver is appointed to the Convention and Tourism Advisory Board to fill the unexpired term of Andy Bogan. The term will commence November 17, 2020 and expire September 30, 2021. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of November, 2020. - Mayor Becky Ames - RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Christina Crawford is appointed to the Historic Landmark Commission to fill the unexpired term of Marie Broussard. The term will commence November 17, 2020 and expire September 30, 2021. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of November, 2020. - Mayor Becky Ames - 0 B.EAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 17, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and accept an Airport_ Project Participation. Agreement (APPA) Grant from the Texas Department of Transportation (TxDOT) Aviation Division. BACKGROUND TxDOT's Aviation Division provides a APPA Grant to assist local governments with eligible capital improvement programs. The State offers a 90/10 matching grant up to $150,000 each fiscal year.and can be banked for up to four years for a total cap of $.600,000. If approved, the grant funds will be used on a runway and ramp reseal project at the Beaumont Municipal Airport. The estimated cost of this project is $665,000. FUNDING SOURCE TxDOT Aviation $600,000 and City's match of $66,500 from the Beaumont Municipal Airport Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the City of Beaumont intends to make certain improvements to the Beaumont Municipal Airport; and, WHEREAS, the general description of the project is described as the Runway and Ramp Reseal Project; and, WHEREAS, the City of Beaumont intends to request financial assistance from the Texas Department of Transportation for these improvements; and, WHEREAS, total project costs are estimated to be $665,000.00, and the City of Beaumont will be responsible for 10% of the total project costs currently estimated to be $66,500.00; and, WHEREAS, the City of Beaumont names the Texas Department of Transportation as its agent for the purposes of applying for, receiving and disbursing all funds for these improvements and for the administration of contracts necessary for the implementation of these improvements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City of Beaumont hereby directs the City Manager to execute on behalf of the City of Beaumont, at the appropriate time, and with the appropriate authorizations of this governing body, all contracts and agreements with the State of Texas, represented by the Texas Department of Transportation, and such other parties as shall be necessary and appropriate for the implementation of the improvements of the Beaumont Municipal Airport. 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 17th day of November, 2020. - Mayor Becky Ames - 6 BE . AUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: November 17, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change. Order No. 1 to the contract with King Solutions Services, LLC. BACKGROUND On June 2, 22020, by Resolution 20-113, City Council awarded a contract to King Solutions Services, LLC, of Houston, in the amount of $1,833,508.00, for the Pipe Bursting Work Order Contract — Phase III. Proposed Change Order No. 1, in the amount of $26,250.00, is needed to make changes to the original contract bid items due to site conditions discovered once construction began. The bid item for furnishing and installing an end of line cleanout was not included in the original scope of work. The contract includes a contingency allowance amount of $100,000.00. If approved, Change Order No. 1 will be deducted from the contingency allowance resulting in no change to the original contract amount. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO.20-1.13 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, equipment, and supplies for the Pipe Bursting Work Order Contract -Phase III Project; and, WHEREAS, King Solutions Services, LLC, of Houston,. Texas, submitted a complete bid meeting specifications in the amount of $1,833,508.00; and, WHEREAS, the City Council is of the opinion that the bid. submitted by King Solutions Services, LLC, of Houston, 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 City Council hereby approves the award of a contract to King Solutions Services, LLC, of Houston, Texas, in the amount of $1,833,508.00, for the Pipe Bursting Work Order Contract -Phase III Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with King Solutions Services, of Houston,- 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 2nd day, of June, 2020. CITY OF BEAUMONT Date: October20,2020 - Project: Pipe Bureling Work Order Contract Phase III County: ... deffereon Diokicl: Beaumont Contract Number. BID NO. W1,11120.05 Owner, City of Document Contractor: King SolulionoServicea,LLC C.O. No.: i THE-FOLLOWiNG CHANGES THE P D Oq SP IF B ARE HEREBY MADE, Duo to the unknown field cendlillons prior to creating, the first sot of work orders, the Item for furnishing and installing an end of line deanout was not Included In the original scope. The funds for the addilion of iltis change order will come from the allowanc which is already factored into the contractamount. Item No. Item Codo DESCRIPTION Unit Original Quanlitv Change in Uunntity Unit Price Total ADD 25 2534 Fumish and Install End of the One Cleanoul EACH 0 1 25.00 $. . 1,050.00 $. .26,250.00 DELETE Allowance - Unforsoen Woik as Directed by the Owners ALLOW 1 -0.2625up S tOD,000.OD S (26,250.00) TOTAL AMOUNT OF THIS CHANGE ORDER S 0 WORKING DAYS WILL BE ADDEDTO THIS CHANGE ORDER ORIGINAL CONTRACT AMOUNT: S 1,833,508.00 NET FROM PREVIOUS CHANGE ORDERS: S .1. TOTAL AMOUNTOF THIS CHANGE ORDER: S PERCENT OF THIS CHANGE ORDER: 0.000/0 TOTAL PERCENTZHANGE ORDER TO DATE: 0.0095 NEW CONTRACT AMOUNT. $ 1,833,508.00 CONTRACT TiME ORIGINALCONTFIACTTIME: 4o0catendardays - ADDITIONAL TIME UNDER CO N0.,1 0 calendardays REVISED CONTRACT TIME 400 calendardays ACCEPTED BY: PREPARED BY: 1 :INGSD ION RYICES, LLC-REP DATE JOHNPIPP WATER ES DESIGN MANAGER REVIEWE Y: REVIEW AMALIAVILLAAREAL,P.E. PATE CRY ENGINEER DIRECTOR OF PUB LIC WORKS 6. TECHNOLOGY SERVICES - APPROVED BY: ATTESTED BY: KiLEHAVES DATE TiNABROUSSARD DATE CRY MANAGER CITY.CLERK 4 RESOLUTION NO. WHEREAS, on June 2, 2020, the City Council of the City of Beaumont, Texas passed Resolution No. 20-113 awarding a contract in the amount of $1,833,508.00 to King Solutions Services, LLC, of Houston, Texas, for the Pipe Bursting Work Order Contract -Phase III Project; and, WHEREAS, a contingency allowance in the amount of $100,000.00 was included in the above noted contract; and, WHEREAS, Change Order No. 1, in the amount of $26,250.00, is required to provide for additional furnishing and installation of an end of line cleanout not included in the original contract bid items due to site conditions discovered once construction began, thereby decreasing the contingency allowance of $100,000.00 to $73,750.00 and having no effect on the total contract amount of $1,833,508.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 for additional work described above, thereby decreasing the contingency allowance by $26,250.00 for a total contingency amount of $73,750.00 and having no effect in the total contract amount of $1,833,508.00 for the Pipe Bursting Work Order Contract -Phase III 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 17th day of November, 2020. - Mayor Becky Ames - C BEAUMONT . T.EXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 17, 2020 REQUESTED ACTION: Council consider a resolution approving contracts to provide lubricants for use in City vehicles and equipment. BACKGROUND Bids were solicited for a six-month contract to supply approximately 12,811 gallons of various lubricants at fixed costs for use by various City departments in maintaining vehicles and _ equipment. Specifications allow for a six-month extension upon expiration of the original term at the same pricing as awarded herein. Bids were requested from 13 vendors and four responses were received. Specifications stated that the City could award the contract(s) to multiple vendors as deemed to be in the best interest of the City. The specifications have been divided into seven sections. It is recommended that Sections 1, 3, and 5 be awarded to Midtex Oil, L.P., of Beaumont, in the amount of $78,885.58; Sections 2 and 7 be awarded to Tri-Con, Inc., of Beaumont, in the amount of $4,879.60; Section 4 be awarded to Spidle & Spidle, of Port Arthur, in the amount of $26,242.50 and Section 6 be awarded to Apache Oil, of Pasadena, in the amount of $4,917.50. Bid tab is attached. FUNDING SOURCE Fleet Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract, with an option to renew for a period of six (6) months at the same pricing as the awarded contract, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment; and, WHEREAS, Midtex Oil, L.P., of Beaumont, Texas, submitted a qualified bid for Section 1 in the unit amounts shown on Exhibit' A," attached hereto, for an estimated total expenditure of $65,355.45; and, WHEREAS, Tri-Con, Inc., of Beaumont, Texas, submitted a qualified bid for Section 2 in the unit amounts shown on Exhibit' A," attached hereto, for an estimated total expenditure of $2,557.60; and, WHEREAS, Midtex Oil, L.P., of Beaumont, Texas, submitted a qualified bid for Section 3 in the unit amounts shown on Exhibit 'A" attached hereto, for an estimated total expenditure of $7,515.25; and, WHEREAS, Spidle and Spidle, Inc., of Port Arthur, Texas, submitted a qualified bid for Section 4 in the unit amounts shown on Exhibit 'A" attached hereto, for an estimated total expenditure of $26,242.50; and, WHEREAS, Midtex Oil, L.P., of Beaumont, Texas, submitted a qualified bid for Section 5 in the unit amounts shown on Exhibit 'A" attached hereto, for an estimated total expenditure of $6,014.88; and, WHEREAS, Apache Oil, of Pasadena, Texas, submitted a qualified bid for Section 6 in the unit amounts shown on Exhibit 'A," attached hereto, for an estimated total expenditure of 4,917.50; and, WHEREAS, Tri-Con, Inc., of Beaumont, Texas, submitted a qualified bid for Section 7 in the unit amounts shown on Exhibit "A," attached hereto, for an estimated total expenditure of $2,322.00; and, WHEREAS, City Council is of the opinion that the bids submitted by Midtex Oil, L.P., of Beaumont, Texas (Sections 1, 3 & 5); Spidle and Spidle, Inc., of Port Arthur, Texas (Section 4); and, Tri-Con, Inc., of Beaumont, Texas (Sections 2 & 7) offers the City the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality and should be accepted; and, WHEREAS, City Council is of the opinion that the bid submitted by Apache Oil, of Pasadena, Texas (Section 6), 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 Midtex Oil, L.P., of Beaumont, Texas, for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment in the unit amounts shown in Section 1 on Exhibit "A," attached hereto, for an estimated amount of $65,355.45 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the bid submitted by Tri-Con, Inc., of Beaumont, Texas, for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment in the unit amounts shown in Section 2 on Exhibit "A," attached hereto, for an estimated amount of $2,557.60 be accepted by the City of Beaumont; and, BE IT ALSO RESOLVED THAT the bid submitted by Midtex Oil, L.P., of Beaumont, Texas, for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment in the unit amounts shown in Section 3 on Exhibit "A," attached hereto, for an estimated amount of $7,515.25 be accepted by the City of Beaumont; and, BE IT ALSO RESOLVED THAT the bid submitted by Spidle and Spidle, Inc., of Port Arthur, Texas, for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment in the unit amounts shown in Section 4 on Exhibit "A," attached hereto, for an estimated amount of $26,242.50 be accepted by the City of Beaumont; and, BE IT ALSO RESOLVED THAT the bid submitted by Midtex Oil, L.P., of Beaumont, Texas, for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment in the unit amounts shown in Section 5 on Exhibit "A," attached hereto, for an estimated amount of $6,014.88 be accepted by the City of Beaumont; and, BE IT ALSO RESOLVED THAT the bid submitted by Apache Oil, of Pasadena, Texas, for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment in the unit amounts shown in Section 6 on Exhibit "A," attached hereto, for an estimated amount of $4,917.50 be accepted by the City of Beaumont; and, BE IT ALSO RESOLVED THAT the bid submitted by Tri-Con, Inc., of Beaumont, Texas, for a six (6) month contract, with an option to renew for a period of six (6) months, for the purchase of lubricants for use by various City departments in maintaining vehicles and equipment in the unit amounts shown in Section 7 on Exhibit "A," attached hereto, for an estimated amount of $2,322.00 be accepted by the City of Beaumont; and, BE IT ALSO RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Midtex Oil, L.P., of Beaumont, Texas; Spidle and Spidle, Inc., of Port Arthur, Texas; Tri-Co, Inc., of Beaumont, Texas; and, Apache Oil, of Pasadena, 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 17th day of November, 2020. - Mayor Becky Ames - BEAUMONT TEXAS Bid Name: Six (6) Month Contract for Automotive Lubricants Bid Number: MF1021-08 Bid Opening: Thursday, November 5, 2020 @ 2:00 P.M. Contact Person: Christy Williams, Buyer II christy.williams@beaumonttexas.gov Phone: 409-880-3758 CITY OF BEAUMONT, BEAUMONT, TEXAS PURCHASING DIVISION, BID TABULATION Vendor Tri-Con, Inc Spidle & Spidle Apache Oil Midtex Oil, LP City / State Beaumont, Texas Port Arthur, Texas Pasadena, Texas Beaumont, Texas Phone or Fax No. 409-835-2237 409-727-4400 281-487-5400 409-866-0333 Section DESCRIPTION TOTAL BID PER SECTION TOTAL'BID PER SECTION TOTAL BID PER SECTION TOTAL BID PER SECTION I BULKOIULUBRICANTS $69,472.21 $67,023.31 $78,992.10 $65„355�45 TRANSMISSION II FLUID/HYDRAULIC OIL $2,5... $4,700.85 $2,902.50 $2,450.45 III ANTIFREEZE/ COOLANTS $7,997.50 ��$715.25 SYNTHETIC HD AUTOMATIC TRANSMISSION FLUID FOR TRANSMISSIONS REQUIRING ALLISON TES - IV 295 FLUIDS ***9952.50 $66,242.50 $29,437.50 $27,367.50 CATERPILLAR SPECIFIC V LUBRICANTS $6,783.54 $6,394.12 $7,728.70 VI SHELF OILS/LUBRICANTS $5,093.25 $9,017.50 $4,917 50 $6,119.50 VII DIESEL EXHAUST FLUID ��$2,32,2.,O,Q ��j$2,430.00 $2,520.00 $2,332.80 TOTAL BID $96,394.94 $115,808.28 -F- $134,495.80 $117,155.83 ***vendor made a calculation error and can not honor pricing so bid has been rescinded. SECTION VIII WAS REMOVED FROM THE BID PER ADDENDUM 1 ON 10129/20202 0 H m 2 X w BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, NOVEMBER 17, 2020 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions - Public Comment:. Persons may speak on scheduled agenda items 1-4/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider a resolution authorizing the lease of 22 vehicles from Enterprise FM Trust 2. Consider a request for the conveyance and dedication of private streets and infrastructure in the Oak Trace Subdivision to the City of Beaumont 3. Consider approving a Substantial Amendment to the Consolidated Grant Program's 2020 Action Plan.to include Community Development Block Grant reallocated funds for the Public Facilities and Improvements line item and consider approving a resolution. adopting the amended Consolidated Grant Program's 2020 Action Plan 4. Consider a resolution authorizing a contract with Voya Financial for Stop Loss Insurance COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section.551.071 of the Government Code: Lizabeth M. Noble, Individually and on Behalf of All Others Similarly Situated v. City of Beaumont; Cause No. 1:20-cv-400 Persons with disabilities who plan to attend this meeting and who.may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 1 November 17, 2020 Consider a resolution authorizing the lease of 22 vehicles from Enterprise FM Trust BEAUMONT TO: FROM: - PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Kyle Hayes, City Manager Todd Simoneaux, Chief Financial Officer November 17, 2020 Council consider a resolution authorizing .the lease of 22 vehicles from Enterprise TM Trust. BACKGROUND In September of 2016, City Council approved an equity lease agreement with Enterprise FM Trust (EFM) through Resolution No. 16-187. The contract was awarded by the City to EFM by utilizing the TIPS USA cooperative contract #2072816. The City of Beaumont's fleet includes over 400 vehicles that are light weight or medium sized vehicles. These vehicles range in age from new to more than 20 years old, with an average age of eight (8) years. Each year during the budget. process, all fleet vehicles are looked at for age, . mileage, maintenance and repair cost, and priority in providing city services to determine if they: need to be replaced. EFM's fleet management program provides a solution to this problem of aging vehicles through equity leases and resale. The equity lease is typically for a term of five years. At the end of the. lease term the City can either purchase the vehicle for the residual value or can have EFM sell the vehicle through auction whereby the City receives the net proceeds. At that time the City can either keep the proceeds or use them to put another new vehicle under lease. The advantages to this program include the creation of a replacement cycle for city vehicles, reduced maintenance costs, higher resale return through a broad and well established resale network and more properly matched vehicles to the needs of the operation. There are no wear and tear penalties or mileage . restrictions built into the lease. Seventeen (17) vehicles have been identified to be replaced through an equity lease pursuant to the master agreement approved by Council in September of 2016. The average age is 10 years . with models ranging from 2000-2014. The vehicles were identified based on mileage, age, maintenance costs and availabilityof parts. In addition, five (5) vehicles will be added through this equity,lease. The 22 vehicles will be new vehicles ordered by EFM who has leveraged government discounts with all manufacturers. The Texas Local Government Code Chapter 791 allows a governmental agency to enter a joint purchasing agreement. The City entered this lease agreement with EFM through Region VIII Education Services Center, The Interlocal Purchasing System or. TIPS which awarded a competitively bid contract. FUNDING SOURCE The estimated annual payments include $47,969 from the Capital Reserve Fund, $5,002 from the Solid Waste Fund, $68,522 from the Water Fund, and $10,026 from the Airport 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 lease twenty-two (22) vehicles for use by various City departments pursuant to the existing Master Equity Lease Agreement as amended between the City of Beaumont and Enterprise FM Trust. The Equity Lease Menu Pricing is attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of November, 2020. - Mayor Becky Ames - City of Beaumont Menu Pricing FLEET MANAGEMENT QuoteEFM 4752482 2021 Ford F-150 XL 4x2 SuperCab Styleside 6.5 ft. box 145 in. WB 4752486 2021 Ford F-150 XLT 4x2 SuperCrew Cab Styleside 5.5 ft. box 145 in. WB 4752470 2021 Ford Eco Sport S Front -wheel Drive 4752488 2021 Ford F-150 XL 4x2 SuperCrew Cab Styleside 5.5 ft. box 145 in. WB 4752504 2021 Ford F-150 XL 4x4 SuperCrew Cab Styleside 5.5 ft. box 145 in. WB 4752510 2021 Ford F-150 XL 4x2 SuperCrew Cab Styleside 5.5 ft. box 145 in. WB 4771096 2021 Ford F-150 XL 4x2 SuperCab Styleside 6.5 ft. box 145 in. WB 4771095 2021 Ford F-150 XL 4x2 SuperCab Styleside 6.5 ft. box 145 in. WB 4771093 2021 Ford F-150 XL 4x2 SuperCab Styleside 6.5 ft. box 145 in. WB 4752521 2021 Ford F-150 XL 4x2 Regular Cab Styleside 6.5 ft box 122 in. WB 4752447 2021 Nissan Altima 2.5 SL 4dr Front -wheel Drive BEAUMONT TEXAS Equity Lease Menu Pricing Quantity 3 Term 60 Estimated Annual Mileage 12000 1 60 12000 1 60 12000 2 60 12000 1 60 12000 7 60 12000 1 60 12000 1 60 12000 1 60 12000 1 60 12000 3 60 12000 *Lease rates are based upon factory order pricing and miles per year **Maintenance includes one set of brakes and no tires Monthly Cost (Lease Rate)* $444.44 Annual Cost Including Maintenance $5,333.28 $615.91 $7,390.92 $316.50 $3,798.00 $534.05 $6,408.60 $573.03 $6,876.36 $565.59 $6,787.08 $474.61 $5,695.32 $474.61 $5,695.32 $474.61 $5,695.32 $416.83 $5,001.96 $417.75 $5,013.00 Annual Cost Including Maintenance by Quantity $ 15,999.84 $ 7,390.92 $ 3,798.00 $ 12,817.20 $ 6,876.36 $ 47,509.66 $ 5,695.32 $ 5,695.32 $ 5,695.32 $ 5,001.96 $ 15,039.00 Total Annual Cost Including Maintenance $131 518.80 Total Annual One Time Aftermarket Cost $0.00 Total Annual Expense for 22 Vehilces $131 518.80 Wo m X L1 2 November 17, 2020 Consider a request for the conveyance and dedication of private streets and infrastructure in the Oak Trace Subdivision to the City of Beaumont. BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: November 17, 2020 REQUESTED ACTION: Consider a request for the conveyance and dedication of private streets and infrastructure in the Oak Trace Subdivision to the City of Beaumont. BACKGROUND. Bernadette Toups, President of the Oak Trace Homeowners Association, has requested that the City of Beaumont accept maintenance of the private street known as Oak Trace, and infrastructure. In 2017, the City adopted a process for the conversion of private streets and other infrastructure to public ownership and maintenance. Attached is an analysis of the condition of the existing private infrastructure, conducted by the Public Works Department. At a Joint Public Hearing held on February 17, 2020, the Planning Commission recommended 7:0 to approve a proposed Ratification for the conveyance and dedication, of private streets and infrastructure to the City of Beaumont once completed with the following condition: 1. Approval of conveyance document by City Council. The conveyance document has now been signed by the Association Members/Lot Owners and is ready for consideration. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the Ratification. I 'I, i. r . r.. ._. MEMORANDU' City71 ; of Beaumont;. Tezas Date , Jan 24 2018 " - _ To Kyle Hayes, City Manager From Joseph Majdalani; P K; Pub13c Works lluector Sulilect, ,; Home Owner`s Associatio*(SOA) Subdivisions Breakdown Uak'Trace;_ r Sandlewood Trails amd Woodpak ti tub Attached for your review are'the PublicorkslEngzneering, Water Utilities and Fjre�.Department recflUtROArepe"sA ' fo the City of Beaumont to consider; accepting =the above t mentioned subdivisions as public streets Tyrone) Cooper, City Attorney hisL conpleted`lits renew t 'Oak Trace Subdmsion�.', Public:V4?'orks Denartent,— Oak.Tracer h { Estrma#e-for Street Repairs $365;000.00? r Total} 43650007 00 Water�`Deuartment ,0'ak Trace G Al r`•eV, f the lit an construction pl'ansx show tfiat the wafer ands sewer`hnes: are ,_13 located' within a+ P6 foot wide utility easement dedicated to the City:of Beaumont 1 * tl a efore , the City of Beaumont currently mAbase* lines Fire Department Oak Trace r Chief Wheat and F rey lViars WI Condina; III drove they neighborhood}and} looked► at"street t access, Iffin r�r US-,, and liydrant locatsons and'they.are good wi#1 thetlocat�oi s t Saudlewoodi.Trail Subdivisions i { Pub_ lie Works=Department=�andl'ewoodtTrailf E A� Nl� Estimate}fornew`street/replacement $1,81�3;000 Q0� Estimate for drainage:;improvemeznt"s 1�SS;000tO'U' Tota1G $1,968;00`0 00 1 .`_6�'.ater:D`euartmerit.--Sandle�vood.Z'pail A review of the .plat and construction plans show. that the water and'. Sewer lines aie• located within a.utlity easement dedicatedto, the, City. of Beaumont, therefore; the City of Beaumont currently r -rota ns.the existing water and sewerlines: Fire Department.-. S'andlewoo.d' Trail Chief Wheat arid' ilie IVlarshal Coiidina; H, drove the neighborhood' and looked at street access,. turning radius, and hydrant. locations and' are good with the location. Tlie only issue noticed was sonie'conciete.road cracking; but under current code the.ininimuiri roadway rating is 75,000 pounds which is not a big issue at this time unless the City. assumes maintenance respoisiliility it may become. a fd&r&.issue., Woodnark Subdivision Public Works. Deuar uiiont_- Woodnark, Estimate' for new Areet/replaceme t 09U,00:00 Estimate -for. drainage upgrades $194,000':0.0 Subtotal• S1,0864000:00. Water:Department =. W�ooduark. (Asher Lined'' l A review of the plat grid'construction;plans show that the entire water 5yste>yi is private and serviced, by a single' 6-inch water: meter, with, one fire liydratit within the development., -Ili orderao bring• tlie, water line system to current staidards;'a water meter' will! need to;be set in front. of each; Home: 2:,, As witfi typical residential installations, the. City'would charge thes#aridard.fees for each meter. Estimated costs are: a:: 1,. inch meter' $54Q:00 b. , 1=1.12 inch meter $990 q0 c'. 2=ineli. meter, $1,230':00 , 3 Tfiere! are forty(40) resid'eiices, onel1). swimmingtpool anAl andscaping irrigation system; totaliag. forty-two .(42) services.. (Assuming a 1"-inch meter is• required. for each'• service:) Subtotal. Wafer D'enartment:= Woodnark (Sewer'L�nes ' The existing private sanitary sewer system' is made of PVC' lines and were televised to properly assess their," conditions. The lines were foundto: be' in good' condition; therefore no improvements a=e expected' at thisaiirie: _ Eire.Deaiartment = Wooduark Chief Wheat. and Fire Marshal' Coridina, Rl drovethe neighborhood and, looked at street access;: turn ng.radius; andlydiant locations andare,goodwith.the location.: Totalt cost. for' proposed im16roVement6MoOdpark $1.108 680:00' If. you have, any questions' please do not he. sitate to contact me. Attachments Cc:. Chri`slDoone; JOe•B: Condina; II . Harold Crochet; Jr; Antoinette Hardy Molly Villarreal RATIFICATION AND AMENDMENTS TO PLAT AND DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THE STATE OF TEXAS § COUNTY OF JEFFERSON § THIS RATIFICATION and AMENDMENT is entered into by and between the Oak Trace Homeowner's Association, a Texas non-profit corporation (the "Association"), and the City of Beaumont, Texas (the "City"), and agreed to by all members of the Association, all being the collective owners of all Lots depicted on the Plat, as defined below. WHEREAS, on July 5, 1984, the plat of OAK TRACE ADDITION was filed under Volume 14, Page 169, Map Records, Jefferson County, Texas (the "Plat") and the Declaration of Covenants, Conditions and Restrictions of OAK TRACE ADDITION was filed under Film Code No. too 66 2383, Official Public Records of Jefferson County, Texas (the "Declaration"); WHEREAS, the Plat and Declaration were executed by David E. Bernsen, James L. Gonzales, Craig J. Sherlock, and Michael R. Jenkins, as partners of West Trace Development, a Texas general partnership, the owner of the real property described on Exhibit "A" which was the subject of the Plat and Declaration; WHEREAS, the Plat depicts a 27' Private Drive as the means of ingress and egress to and from OAK TRACE ADDITION and Delaware Street, a dedicated and platted public street and a 24' Private Drive as (i) the means of ingress and egress to and from each Lot and the 27' Private Drive and also (ii) the means of traversing within OAK TRACE ADDITION; WHEREAS, the definition of "Common Area" in Article I, Section 4 of the Declaration tacitly includes the 27' Private Drive and the 24' Private Drive, while Article III, Section i refers to "... that right of the Association to dedicate or transfer all or any part of the Common Area to any municipality... ", but "No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3rds) of the members has been recorded."; WHEREAS, Article IV, Section 1 states that "Every owner of a Lot... shall be a Member of the Association...", with Article IV, Section 2 providing that "...each Member shall be entitled to one (1) vote for each Lot in which it holds an interest... "; WHEREAS, the owners of all Lots, comprising one -hundred percent (t00%) of the voting Members of the Association, desire to, and hereby do, agree to the dedication of the 27' Private Drive and the 24' Private Drive in OAK TRACE ADDITION to the public by and through the City; WHEREAS, in consideration of the foregoing dedication, the City hereby accepts such dedication of the 27' Private Drive and the 24' Private Drive to the public; WHEREAS, in consideration of the foregoing dedication and acceptance, it is therefore necessary to confirm and ratify the Plat and Declaration so that all references to the 27' Private Drive and the 24' Private Drive shall hereafter be amended to read "27' Public Street" and "24' Public Street", respectively, such that the dedication of those drives and streets reflected upon said Plat as the 27' Private Drive and the 24' Private Drive are to public use forever; and WHEREAS, there exists the necessities of the ratification and amendment of said Plat and Declaration as herein stated. 2 NOW, THEREFORE, PREMISES CONSIDERED, the Association and City, with the agreement of all Lot owners, do hereby ratify and amend the Plat and Declaration, and dedicate the 27' Private Drive and the 24' Private Drive to the public use forever. Being understood that the City shall not be responsible for the maintenance of any common area, parking area, driveway or median. The City will only accept responsibility for maintenance of the existing, named, paved roadway. EXECUTED this the I9 day of OCAD 2oo®e OAK TRACE HOMEOWNERS ASSOCIATION, a Texas non-profit corporation By: � ��� Qo� Bernadette Toups, President STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the 3 day of _1 Dk , 2019, by BERNADETTE TOUPS, as President of OAK TRACE HOMEOWNERS ASSOCIATION, a Texas non -corporation, on behalf of said corporation. C `{{{Ill/f,�• LISA LEMKE *�S Notary Public, State of Texas tA qP�1Comm. Expires 06-29-2021 otary Public, tate of Texas •••aFNotary ID 126944164 "Association" CITY OF BEAUMONT, TEXAS Name: Title: 3 STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of , 2019, by , as of the CITY OF BEAUMONT, TEXAS, on behalf of said city. Notary Public, State of Texas AGREED BY ALL ASSOCIAT MEMBERS / LOT OWNERS: Donald Light add Anna Lighty (Lot i owners) STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day 2020 personally appeared DONALD LIGHTY who is known to attesting hereto. ,.`os?�`Yp USA LEMKE ,U Notary Public, State of Texas 9 :"--Comm. Expires 06-29-2021 ''•.?;oF:•`• Notary ID 126944164 STATE OF TEXAS COUNTY OF JEFFERSON Of 0-ch , me to be the person c NotAky Public in and for the State of Texas BEFORE ME, the undersigned authority, on thi�? day of 0d17 2020 personally appeared ANNA LIGHTY who is known to me to be the person attesting hereto. =o`pAY PGen� LISA LEMKE� *. = Notary Public, State of Texas , • jP� Comm, Expires 06-29.2021 No ary Public in and for the State of Texas ° all Notary ID 1260944164 4 Mick Dubea and Pat Dubea (Lots 2 & 3 owners) STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this AD day of -&-hher , 2020 personally appeared MICK DUBEA who is known to me to be the person attesting hereto. Y !qo% LISA LEMKE r *� Notary Public, State of Texas =�9P�; Comm. Expires 06-29-2021 •.,;FoF.�` Notary ID 126944164 N t ry Public in and for the State of Texas STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day of of Uri , 2020 personally appeared PAT DUBEA who is known to me to be the person attesting hereto. =oS? YPgo LISA LEMKE * = Notary Public, State of Texas Comm. Expires 06-29-2021 N ry Nblic in and for the State of Texas ••'9;�OF��•`' Notary ID 126944164 •n n n�` (Lot 4 owners) STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this 4LJday of Odb&?f , 2020 personally appeared SCOTT MCKENNEY who is known to me to be the person attesting hereto. � AFtY P /� . `u'- LISA :06-29-2021 E _=o. t�: Notary Publicof Texas �►'�= Comm. ExpirOF���' Notary ID 4164 N ry Public in and for the State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME the undersigned authority, on thisGdaYof C���'v►� , 2020 personally appeared JOAN MCKENNEY who is known to me to be the person attesting hereto. LISA LEMKE Notary Public, State of Texas N�l"" Comm. Expires 06-29-2021 `Nota ID 1269ry 44164 STATE OF TEXAS COUNTY OF JEFFERSON W10,- Notary Public in and for the State of Texas (Lot 5 owners) BEFORE ME, the undersigned authority, on this Aoday of Q:o 2020 personally appeared SEAN HEALEY who is known to me to be the person attesting hereto. `. ```pgY PVB �4 LISA LEMKE ` '6 = Notary Public, State of Texas y Comm. Expires 06-29-2021 Notary ID 126944164 NotaVy Public in and for the State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on thisc�, day of 2020 personally appeared REBECCA HEALEY who is known to me to be the person attesting hereto. E*-_: LISA LEMKEtary Public, State of TexasNo ary Public in and for the State of Texas =-- mm. Expires 06-29-2021 otary ID 126944164 0XV, -4�t C� e�' 4 , t-' ) � 2 e 0 "" ) Rodgers lhs and Delores Ellis (Lots 6 & 7 owners) STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this QL) day of Dab lx� , 2020 personally appeared RODGERS ELLIS who is known to me to be the person attesting hereto. USA i.Ci�u1E Notary Public, State of Texas 9•/�, Qc Comm. Expires 06-29-2021 Notary ID 126944164 STATE OF TEXAS COUNTY OF JEFFERSON Nota u lic in aM for the State of Texas BEFORE ME, the undersigned authority, on this o `" day of ( , 2020 personally appeared DELORES ELLIS who is known to me to be the person attesting hereto. c`•s4RY Pie•., LISA LEMKE 16= Notary Public, State of Texas *' q=Comm. Expires 06-29-2021 Not a Public in d for the State of Texas NotaryID 126944164 l.UuL u uVv lll.l OJ STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this 90!day of 1X11— , 2020 personally appeared DAVID LEDYARD who is known to me to be the person attesting hereto. �•�4 Y P i LISA LEMKE -:6S Notary Public, State of Texas Comm. Expires 06-29-2021 NoWry Public in and for the State of Texas Notary ID 126944164 7 STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on 2020 personally appeared MARY LEDYARD who attesting hereto. ``����LISA LEMKE 2°SAY Notary Public, State of Texas Comm. Expires 06-29-2021 Notary ID 126944164 thisAQI�tday of , is known to me to be the person tart' ublic n and for the State of Texas Donato Maloney �n"Szanne Maloney (Lot io owners) STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this eday of 2020 personally appeared DONALD MALONEY who is known to me to be the person attesting hereto. `,,,ill,,, �`gPRY,,LISA LEMKE *�* Notary Public, State of Texas q'y= Comm. Ex`� Expires 06-29-2021 Val�'�6 Notary ID 126944164 Not Pu lic in an for theState of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this 90'd�a of , 2020 personally appeared SUZANNE MALONEY who is known to me to be the person attesting hereto. LISA LEMKE *�*= Notary Public, State of Texas N,Q = Comm. Expires 06-29-2021 NotVT Public in and for the State of Texas Notary ID 12694416A l: ?- b-w� Steven Toups and Bernadette Toups (Lot li owners) STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this E3*day of 064D , 2020 personally appeared STEVEN TOUPS who is known to me to be the person attesting hereto. LISA LEMKE -. Notary Public, State of Texaba& p} Comm. Expires 06-29-2021� Notary ID 126944164Public in and for the State of Texas STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this 13day of , 2020 personally appeared BERNADETTE TOUPS who is known to me to be the person attesting hereto. LISA LEMKE *: *=Notary Public, State of Texas =N�P� Comm. Expires 06-29-2021 I '•';oF,•` Notary ID 126944164 Nbfary Public in and for the State of Texas Bryan Mathews an i a Mathews (Lot 12 owners) STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, 2020 personally appeared BRYAN MATHEWS attesting hereto. on this day ofCC�)be , who is known to me to be the person ,.� Y P�®LISA LEMKE r z -:6S Notary Public, State of Texas Comm. Expires 06-29-2021 Notary ID 126944164 N ary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § ME the undersigned authority, on this da of BEFORE g ty, � y , 2020 personally appeared LISA MATHEWS who is known to me to be the person attesting hereto. F,, LISA LEMKE� Notary Public, State of Texas �cComm. Expires 06-29-2021oF.�� Notary ID 126944164 C to E STATE OF. TEXAS § COUNTY OF JEFFERSON § BEFORE ME the undersigned authority, on this 6 — tay of 2020 personally appeared ZACK HAWTHORNE who is known to me to be the person attesting hereto. �"', LISA LEMKE Q(tY =Notary Public, State of Texas, Comm. Expires 06-29-?n,21 y Notary ID 1269�' + No ry Public in and for the State of Texas -iTf OFt�.. grnn��` STATE OF TEXAS § OF JEFFERSON § COUNTY BEFORE ME, the undersigned authority, on, this day off , 2020 personally appeared KARA HAWTHORNE who is known to me to be the person attesting hereto. SPRY P�je �� LISA LEMKE *� �*=Notary Public, State of Texas Comm. Expires 06-29-2021 Notary ID 126944164 otary Public in and for the State of Texas /Jr James Chesnutt and Irene Chesnutt (/ (Lots 14 & 15 owners) STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME the undersigned authority, on this ?OdAay of r , 2020 personally appeared JAMES CHESNUTT who is known to me to be the person attesting hereto. Iz- i LISA LEMKE �`*= Notary Public, State of Texas tart' Public in and for the State of Texas ,,�;v, Comm. Expires 06-29-2021 �.`' NotaryID 126944164 hrnn�` 11 STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this j day ofa�fibq--\, 2020 personally appeared IRENE CHESNUTT who is known to me to be the person attesting hereto. .••� RY P ��'�i .�o.... pe � LISA LEMKE =_°' ''6=NotaryPublic,StateofTexas qc Comm. Expires 06-29-2021 Notary ID 126944164 STATE OF TEXAS COUNTY OF JEFFERSON i No ary Public n and for the Statepf Texas Michael Smith anU Mary Ann (Lot 16 owners) BEFORE ME, the undersigned authority,, on this :2�tay of O . qeq, 2020 personally appeared MICHAEL SMITH who is known to me to be the person attesting hereto. •'�"1YLISA LEMKE _ * *:Notary Public, State of Texas sA sox..Po' Comm. Expires 06-29-2021 V' OiV Notary ID 126 444164 Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this QZ'4dlay of , 2020 personally appeared MARY ANN SMITH who is known to me to be the person attesting hereto. E&t,,o LISA LEMKENotary Public, State of TexasQ•c Comm.Expires 06-29-2021 to Public in and for the State of Texas Notary ID 126944164 Patrick Maloney and Amy Maloney (Lot 17 owners) 12 STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day of , , 2020 personally appeared PATRICK MALONEY who is known to me to be the person attesting hereto. Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day of , 2020 personally appeared AMY MALONEY who is known to me to be the person attesting hereto. Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME the undersigned authority, on this edayof� t3'� 2020 personally appeared BARRY BERNDT who is known to me to be the person attesting hereto. `R' LISA LEMKE VJ �Lw * Notary Public, state of texas No ary Public m and for the State of Texas Comm. Expires 06-29-2021 '�.,'�o.•` Notary IQ 126944164 13 STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day of a-,4�,r , 2020 personally appeared SUSAN BERNDT who is known to me to be the person attesting hereto. oY PUe!': LISA LEMKE *: *=Notary Public, State of Texas N tary Public in and for the State of Texas Comm. Expires 06-29-2021 Notary ID 126944164 fo � i o olfo Sotol go and N eida o longo (Lots ig & 20 owners) STATE OF TEXAS. § COUNTY OF JEFFERSON §� BEFORE ME, the undersigned authority, on this �l� day of6&4A�= 2020 personally appeared RODOLFO SOTOLONGO who is known to me to be the person attesting hereto. =osPaYP�e�+ LISA LEMKE %�dc cl- Notary Public, State of T Nofa Spires 06-29-2021 Notary Nota Public in and for the State of Texas ry ID 126944164 STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME the undersigned authorit y, ty, on this Q-0-ty of 2020 personally appeared NEREIDA SOTOLONGO who is known to me to be the person attesting hereto. vp LISA LEMKE SPA Ge = _. *_ Notary Public, State of Texas 9.l�'VP�r Comm. Expires 06-29-2021 'oFo 'FNotary ID 126944164 NotarY Public in and for the State of Texas "Lot Owners" 14 May 11, 2017 Kyle Hayes City Manager City of Beaumont 801 Main, Suite 300 Beaumont, Texas 77701 Re: Oak Trace Homeowner's Association Dear Kyle, EJ ' EP�Ay i .20(fgqgg(nl�(l EECUT►lf- OFFICES Please accept this letter as a request by the Oak Trace Homeowner's Association for the City of Beaumont to accept Oak Trace Street for maintenance by the City of Beaumont. The Oak Trace Homeowner's Association voted unanimously on May 10, 2017 to make this request. Pursuant to the Guidelines for Acceptance of Private Streets and Infrastructure for Maintenance by the City of Beaumont, I have attached the following: 1. The recorded plat for the Oak Trace Addition; 2. Warranty Deed regarding the Common Areas of the Oak Trace Addition; 3. A copy of the Oak Trace Covenants, Conditions, and Restrictions. (Note — I am not aware of any amendments. Also, no member of the homeowner's association has a signed copy and none is on file with the county clerk's office); 4. Easement.in favor of Sun Pipeline Company; and 5. Easement in favor of Gulf States Utilities Company If the City of Beaumont agrees to accept the street for maintenance, it is my understanding that the Oak Trace Homeowner's Association will maintain ownership and responsibility for the lighting, mailboxes and other common areas of the association. After your .initial review of this request and the attached documents, please let me know whether you require any additional information. If not, the Oak Trace Homeowner's Association looks forward to the City of Beaumont's decision on this request. dc-te too F—<'D 9j, rr. Com Sincerely, Dette Toups President Oak Trace Homeowner's Association 409-466-8721 CC: Steven C. Toups Weller, Green, Toups & Terrell, LLP P.O. Box 350 Beaumont, Texas 77704 David Ledyard Strong Pipkin Bissell & Ledyard, LLP 595 Orleans, Suite 1400 Beaumont, TX 77701 scatuT•sd N ISR.O6' - x5' a CURVE MAT nfe nalw60 �4 �4')�I IAG., BCLAWARc STREET dLL S IIEiAII'99 ICamIAv td .-I N SO. 57. 39n E ' I56' IOl' IoY ID>• I I 9d I ttl I I LOT 17 • LOT 18 LOT 19 LOT TO of ; gl d ?I LOT 1 'LOT 2 •off u er fS' P _ n ale v± LOT ifi tunN ---'------------JSa y '•Ii u . £ e'L_----- sr RW_LvaB L ---- --`�-� LOT 4 /r�r / r cm.Bn eA ,r r e •eu vuu�ae ii urr -0Y 0 � ; enLS�p I5 Wmnm LOT5 1 \� IV- EASE YWr - :. nlvl I .W yuc. d [ I I d- ,•vr t cIIE _IDse9 �JR.Iy T fD� , • � I Alt LOT 6 LOT 14 ryNCR. LOT 13 , LOr.72 LOT 11; •LOT 70 to I LOT 6 LOT S LOT 7 to ! �I . • , RD' Is>.EY IOT' Iai IOT' 101' BIT IS,. 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OJJi Ibim R6.53'ID• font Wh, ,e1d SnHSN [1BHC-O[+%llue a dL•halm D[ Lnt m e L1• lAal am nee at tlp 1n,er:tla0 aL old 3Lo HN_ W 0La N 1ml- t, -e 1B55, O� = mty eL Rm- m Tnlm SBC hii 11- -ml wim OSaHILL iCRAdCC TANGLEOAM SURVEYOR'S CERTIFICATE: , KNOW ALL YEN BY THESE PRESENTS THAT4 WRR w WNW6L[YCUS. DO IERCel 21FY TNdi I XAV[ PRBInRCO TI0 14T SXOwY11ANEERREON w16L OE PLRLYEFLA- 1` 1S ILINCERBNYNPER]ONPLR6UFDENRv15. IN ACCORvdNCE MTN RULE] FOR IJND SIIR N1910N5 BY THE CPT PLANNING COYNISSIO. @ po' I Or Tfe CRY OF B,ABNONT, AMB 1 MNER CENTIFY THAT TRACT'OF L D EREVI PLATTED LIES IIRNIN THE CRT UYIT9 OF AEAVYOM, TEYA6. h ,LL �� � • N.PN M.1 TCLc ,RE913T[nC vLl slfnYC' .ode a 9IOICgpm NO SWORN TO BEFORE W VMR^LEY AND DIVLN BNOER •'� 1 N.�RO'yT�4gfAl N OIIICE TMSPL_. AT Or Pam. ,tiS/P/ n @;4 p BP I E2lC 1C�"��r, // MY c.tniisc%t E`lz� `*;`rJ-Z„ ,/+�' ERE]ET L XOLNE9' TNe IF6F IEYIS w I e CmE-'Plu&GnPNO.A�O ZO'!/J,1''1/JG COMMIS LION APPROVAL• 11/v e AlPn OYEO 1ND Y pI.yFJX-IBBi' Y THE CR'/ PLANIIDIO N9 TamlD COYYI95 Oi BEAVNO TEYAsQJTf,S� m u I � ,� ^ LQ � A -a 1m _ Mwr.Y W. tG'J/WwrF'l/l:6'C,1iWC/ o G I 'D -,^, sEWETWY 1 F.E. FOR RECORD] JEF %Y 19d! RECORD, IN VOWNEJS!�pGE1F21N THE YAP REMRW. JEFi ,/:nT dcLOC%iH VMY. TEYAS AT NR t1ERK JEFRERSON c rr *�pp[[Aa m.sDc..dr DewrY. FFrC/yN}PMt p dH.66-i'idn99E&K-' O601CATION ROSE C VOVIM PAEE pAd RCCORW OF JERWSOX ED.- OfA6 nEC�Tw9JL4. AT JlCCLOCKdN. I OF GGS� Dnun ]�/ tnpA moon neRR JEPFEN••.. e9uun NOTES: L THE IPILPY PASFYPM 6NO- HEREON pCWOEs THE RI6M TO RGIDVE A. OR TNY ALL TREES AND SWRRS LYING W OR DI-1- 1. E.-M e THE i MENT. SNO•IJ H EBM. DDA TU - TREE S- .. EA.ZMENNii -.I. THE DS]TNi.ATON DP BNOERCROBND AND OVESNCAO ODTRIBBTON FAOILPIES UET WON POVI AT ALL CORNERS. VNLE93 NOTED OTME-Z. • -E 11) ROOT NBN•ACEESS EASEMENT ALONG, DELAWABE St .0 ALONG THE TNRTT OBI FOOT DEOICATW MR=. LINE S ALL BBILAINB ] MEASURED FROM RAIN OF CURB. AeL TIBHS BASED ON THE NATONAL SEOBETIC VCRTIGL OMM OF 1911 VI, Yl6T.TSA¢ v1Ve BNOTT. A TEEIB DO,E[AI. NYBImSER [140MID W OASLD C. BSSSSW, - L. WiP1159. -1. 1. SRBALBEX AND RMHIEL S. 1WELN5. HERBY ECEt]ST W. VT •11 TIC - DP TIC LARDS - 1ITHIN THE I ADS OF WE R. - sYNE3 AS -I-AS SIRARIIC TWT YASHTONPS AS sIIwN Ate B.-. TD TDA rwLfc rm WS EmAmtmx. meunm MR THE 1, PONAC O-=rD NIO THAT 116 lO1kLJDq NAy YAS NA@ LGt RC 1VAIpS OP OCSCITLIDb N0 OWGiiOt. ' TIIS T� 2BLLRAY OS' • L-A(t_t �9Q�. r•RN w WN,raa •Y4Am"YrFem c GANWRY't! Am to e)•p12d FINAL PLAT r Uu bb L383. 0-0 + e , 70 8 4 2� 4 9� DECLARATION 9 OF COVENANTS; CONDITIONS AND RESTRICTIONS OAK TRACE BEAUMONT, TEXAS THIS DECLARATION, made on'the date hereinafter set forth.by WEST TRACE CEVELOPMENT, a Texas Partnership composed of DAVID E. BERNSEN, JAMES L. GONZALES, MICHAEL R. JENKINS and CRAIG J. SHERLOCK, Partners, all of Beaumont, Jefferson County, Texas, and hereinafter jointly referred to as "Declarant". W I T N E S 8 E T Hi WHEREAS, Declarant is the owner of certain property known as OAK TRACE, an Addition to the City of Beaumont, County of Jefferson, State of.Texas, which is more particu- larly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof and initialed by the parties for identification, as shown and reflected by the Final Plat thereof record• d or to be recorded in the Office of the County Clerk of Jefferson County, Texas, reference to which is here made for all.purposes. NOW, THEREFORE, for the purposes of enhancing and protecting the value, attractiveness and desirability of Lots constituting the Addition, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, convenants and conditions, which shall constitute convenants running with the land and shall be binding on all parties having any right, title or interest in the described proper- ties or any part thereof, their heirs, successors and assigns and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to OAK TRACE HOMEOWNERS ASSOCIATION, a Texas Non -Profit Corporation, its successors and assigns. �J GE 2384 Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Addition, incl,.ding contract seller, b t excluding those having such interest merely as security r the performance of an obliga- tion. Section 3. "Addition" shall mean and refer to the subdivided real property hersinbefore described. Section 4. "Common Area" shall mean all real proper- ty (including the improvements thereto) owned by the Aeeocia- tion for the common use and enjoyment of the Owners. The Common Area to be owned by the Association shall be all of th•e property in the Addition, excluding (i) Lots reflected upon the Plat of the Addition and the improvements thereof; and (ii) water, sewer and other utility lines and appurte- nances thereto lying, installed and maintained with the utility casements reflected and designated as such upon the Plat of the Addition. 4 Section 5. "Lot" shad l mean and refer to any plat of land shown upon the recorded Plat of the Addition, with the exception of the Common Area. Section 6. "Member" shall mean every person or entity who holds membership in the Association. Section 7. "Declarant" shall mean WEST TRACE DEVELOPMENT, a Texas Partnership composed of DAVID E. BERNSEN, JAMES L. GONZALES, MICHAEL R. JENKINS and CRAIG J. SHERLOCK, Partners, or its successors. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS. THERETO The real property which is, and shall be; held, transferred, sold, conveyed, and occupied subject to this Declaration is designated as OAK TRACE, and is more particu- larly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof and initialed by the parties for identification. 166 6b ARTICLE III PROPERTY RIGHTS Section 1. Owner's Easements of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to that right of the Association to dedicate or transfer all or any -part of the Common Area to any municipality, public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3rd's) of the members has been recorded. Section 2. Delegation of Use. Any Owner may dele- gate, in accordance with the By-laws of the Association, his right of enjoyment in and to the Common Area to the members .of his family, his tenants, or contract purchasers, who reside on the property. ARTICLE XV MEMBERSHIP AND VOTING RIGHTS Section 1. Every owner of a Lot, including Declarant or its successors, shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of a Lot. Section 2. The Association shall have two (2) classes of voting membership: (a) CLASS A. The Class A Members shall be all Owners with the exception of the Declarant. After the Conversion Date, Declarant shall also become a Class A Member to the extent Declarant is the Owner of a Lot or Lots. (b) CLASS B. The Class B Member shall be the Declarant. The Class B membership of Declarant shall cease and become converted to Class A membership upon occurrence of the earlier of the following (the "Conversion Date"): inr 66 2385 (i) When Declarant has sold or leased for a ` term in excess of forty (40) years its interest in seventy-five (751) percent of the total Lots ir. the subdivision to unrelated third parties. A sale or a lease for suchtermto an unrelated third party shall ih:;lude a sale or lease to joint ventures or partnerships that include Declarant as a co -venturer or partnerr'or (ii) on the 15.th day of January, 19851 or (iii) Such earlier date as may be established by Declarant in a supplemental Declaration to be recorded by Declarant. Until the Conversion Date, the Class A Members shall not be entitled to vote (except as provided for the levying of Special' Assessments for capital improvements under Article V, Section 4 of the Declaration and amendments to the Declar- ation under Article XI, Section Three therein). The Class S Member shall be entitled to one (1) vote for each lot in which it holds the interest required for membership. From and after the Conversion Date (and at anytime with respt:t to votes pertaining to Special Assessments for t capital improvements and amendments to the Declaration), each Class A Member shall be entitled to one (1) vote for each Lot in which it holds the interest required for Association membership. Where more than one person or entity holds such interest in any Lot, all such persons collectively shall be a single Member, and the vote for such Member shall be exer- cised as the several parties shall determine among them- selves, provided however, that in the aggregate no more than one (1) vote shall be cast with respect to each lot owned. I.`. a member owns a Lot and in addition thereto owns a fraction of another Lot, then such Member's vote will be increased by the percentage in which that Member's interest bears to the tc':al lot. For example, if a Member owns one Lot and one-half of another Lot, then that Member will be entitled to 1.5 votes. The membership of a person or entity in the Associa- tion shall terminate automatically whenever such person or entity ceases to be an owner, except that such termination shall not release or relieve any such person dr entity from 4 66 2387 any liability or obligation incurred under or in any bay connected with the Association or the Declaration during the period or ownership, nor impair'any rights or remedies which the Association or any other owner has with regard to such former owner. ARTICLE V ASSESSMENTS Section 1. Lien and Personal Obligation of Assess- ments. Duclarant, for each Lot owned by it in the Addition, hereby covenants, and each Owner of a Lot in the Addition is hereby deemed to covenant by acceptance of Owner's .dead for such Lot, whether or not it shall be so expressed in Owner's deed, to pay to the Association (i) annual assessments and fii) special assessments for capital improvements. Such G assessments will be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorneys' fees, shall be a charge on the land and a continuing lien of each Lot against which such an assessment is made. Each such assessments, together with interest, costs, and reasonable attorneys' fees shall also be the personal obligations of the person or per- sons who owned the Lot at the time the assessment fell due, but such personal obligation shall not pass to the successor in title to such person or persons unless expressly assumed by them. Section 2. Purpose of Annual Assessments. The annual assessments levied by the Association shall be used exclusively: (i) to promote the health, safety, and welfare . of the residents in the Addition; and (,i) for the improve- ment and maintenance of the Common Area within the Addition. Annual assessments shall include, and the Association shall acquire and pay for out of the funds derived from annual assessments, the following: (a) Maintenance and repair of the Common Area. 190-66 2369 (b) Maintenance and repair of the street situated on the Common Area within the Addition) and water, sewer, storm drainage and other utility lines in or serving the Common Area. (e) Eire insurance Icovering the full insurable replacement value of the improvements on the Common Area, with extended coverage. (d) Liability insurance insuring the Association against any and all liability to the public, to any Owner, or to the invitee, tenants and contract purchaser of any owner, arising 'out of their occupancy and/or use of the Common Area. The policy limits shall be •set by the Association, and shall be 'reviewed at least annually and increased or decreased in the discretion of the Association. (a) Workmen's compensation insurance to the extent necessary to comply with applicable laws, and any other in- surance d,.emed necessary by .the Board of Directors of the Association. (f) A standard fidelity bond covering all members of the Board of Directors of the Association and all other employees of the Association in an amount to be determined by the Board of Directors. (g) Any other materials, supplies, labor, services, maintenance, repairs, insurance, taxes, or assessments which the Association is required. to secure or pay pursuant to the terms of this Declaration or by law, or which shall be neces- sary or proper in the opinion of the Board of Directors, for the benefit of Lot Owners, or for the enforcement of these restrictions. (h) It. addition to the maintenance of the Common Area, the Association shall provide the following: (i) mowing, trimming and care -of grass and shrubbery on the exterior side of the perimeter fence; and (ii) maintenance and repair of the fence surrounding the addition. 100 66 2389 Section 3. Power to Fix Annual Assessments. The power and authority to fix and levy the annual assessments shall rest exclusively with the Board of Directors of the Association, and when determined and fixed by the Hoard of Directors as herein provided, same shall be final•, conclusive and binding upon each Lot Owner, his heirs, legal representa- tives, successors and assigns, including contract pur- chasers. Section 4. Special Assessments for Capital Improve- ments. In addition to the annual maintenance assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area. Any special assessment shall have the assent of two-thirds (2/3rds) of the vot.: of the Members who are voting in parson or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for Action Under Section 4. written notice of any meeting called for the purpose of taking any action authorized under Section 4 shall be sent to all, Members not less than ten (10) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast fifty percent (501) or more of all the votes of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at tt,a preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preced- ing meeting. 100 66 Z?° Section 6. Uniform Rate of Assessment. Annual and special assessments must be fixed at a uniform rate for all Lots and shall be collected on a monthly basis. Section 7. Date of Commencement of Annual Mainte- nance Assessments; Due Date s The annual maintenance assess- ments provided for herein shall commence as to each Lot on the first day of the calendar month next following the month in Which the conveyance of a. Lot by the Declarant to an Owner occurs. The first annual as)Sessment shall be adjusted according to the number of months remaining in the annual assessment period (whether a calendar or fiscal year, as determined by the Board of Directors of the Association). The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, for ar reason- able charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certifi- cate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section B. Effect of Nonpayment of Assessments; Remedie's of Association. Any assessment not paid within ten (10) days of the du-n date shall bear interest from the due date at the highest lea•,1 rate provided by law at the time of non-payment. To secure the prompt payment of the aforemen- tioned assessments, a lien is hereby created and granted for the benefit of the Association upon each Lot, and all improvements, additions, fixtures and appurtenances herein- after placed thereon. The Association may bring an action by t law against the Owner personally obligated to pay the same, 130 66 2391 or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments pro- vided for herein by non-use of the Common Area or abandonment of Owner's Lot. Section 9. Power of Sale. To secure and enforce the payment of said assessments, and for the auxiliary and cumu- lative enforcement of said lien hereinabove created, Declar- ant has granted, sold and conveyed and by these presents does grant, sell and convey unto Craig J. Sherlock, Trustee, of Jefferson County, Texas, and his substitute or successors, the hereinbefore described real property and all improve- ments, additions, fixtures and appurtenances hereafter placed thereon. To have and to hold the said premises, together with the rights, privileges and appurtenances unto the said Trustee, and to his substitutes or successors forever. And Declarant does hereby bind itself, its successors and assigns, t.. warrant and forever defend the said premises unto the said Trustee, his substitutes, successors and assigns forever, against the claim or claims of all persons claiming or to claim the same, or any part thereof, for and upon the following trusts, terms, covenants, and agreements, to -wit: That whereas, Declarant, its successors and assigns may here- after become justly indebted to the Association, as evidenced by the hereinbefore mentioned assessments; should Declarant, its successors and assigns do and perform all of the cove- nants and agreements herein contained and make prompt payment of the assessments hereby secured as the same shall become due and payable, then this conveyance shall become null and void and of no further force and effect. That in the event of default in the payment of any assessment hereby secured, in accordance with the terms here- of, it shall thereupon, or any time thereafter, be the duty of the Trustee, or his successor or substitute, at•the request of the Association (which request is hereby conclu- 9 ! QO 66.2392 sively presumed) to enforce this trust and make sale of the above described and conveyed pzoperty, or any portion there- of, as provided in Article 3810, Revised Civil Statutes of Texas 1925, after notice as provided in said Article (but without any other notice than is required by said Article 3810), selling all of the property as an entirety or in par- cels as the Trustee acting may elect, and make due conveyance to the purchaser or purchasers, with general warranty binding the grantor, grantor's heirs, legal representatives, succes- sors and assignal and out of the money arising from such sale, the Trustee acting shall first pay all expenses of advertising said sale and making the conveyances, and then pay to the Association, the full amount of assessments owing, interest thereon, and reasonable attorneys' fees, rendering the balance of the salon price, if any, to grantor, grantor's heir,, legal representatives, successors or assignsl and the recitals in the conveyance to said purchaser or purchasers shall be full and conclusive evidence of the truth of the matters therein stated, and all prerequisites to said sale shall be presumed to have been performed and such sale and conveyance shall be conclusive against grantor, grantor's heirs, legal representatives, successors and assigns. In case of the absence, resignation, death, inabil- ity, failure or refusal of the Trustee herein named or of any substitute Trustee appointed hereunder to act, or in the event the Association shall deem it desirable to remove with- out cause the Trustee or any substitute Trustee and appoint another to execute this trust, then in any of such events the Association shall have the right (to.be exercised through its Board of directors) and is hereby authorized and empowered to appoint a successor and substitute without any formality other than an appointment and designation in Writing; and this appointment shall vest in him, as Trustee, the estate and title in and to all said premises, and he shall thereupon i 100 66 2393 hold, possess and execute all the rights, title, powers and duties herein conferred upon the Trustee named herein; and the right to appoint a successor or substitute Trustee shall exist as often and whenever from any of said causes any Trustee, original or substitute, cannot or will not act, or has been removed without cause. The exercise or attempted exercise of the power of sale herein contained shall not exhaust said power of sale and shall not prevent any subse- quent exercise thereof. It is especially agreed that, in the avert of a fore- closure under the powers granted herein, the person in pom- session of said property shall thereupon become the tenant - at -will of the purchaser at such foreclosure sale, and should such tenant refuse to surrender possession of said property upon demand, the purchaser shall theroupon,,at his or her option, be entitled to institute and maintain the statutory action for forcible detainer and procure a writ of possession thereunder. Thi.s.provision shall in no wise preclude the purchaser from bringing any other legal action for possession of said property and the bringing of one character of action shall not preclude the other, and the same may be exercised separately or simultaneously. Section 10. subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to any purchase money mortgage or any constitu- tional mechanic's and materialman's lien contract, and/or any renewal or extension of same. Sale or transfer of any Lot shall not affect the assessment lien. No sale or transfer - shall relieve such Lot from liability for any assessments therea."ter becoming due or from the lien thereof. Section 11. Exempt Property. The following iproperty subject to this Declaration shall be'exempted from the assessments, charges and liens created herein: (a) all properties to the extent of any easement or other interest 100 ss 2394 therein• dedicated and accepted by the local public authority and devoted to public use; except that the existence of an easement of any Lot shall not exempt such Lot from full and uniform assessment as if such easement were not located• thereon; (b) all common Area as defined in ARTICLE I, section 4 horeof as it applies to liens although assessments and charges may be made on this property; and (c) all property exempted from taxation by the laws of the State of Texas, upon the terms and to the extent of such legal exemption. Notwithstanding any provision herein, no land or improvement■ devoted to dwelling use shall be gxempted from sale, assess— ments, charges or liens. Section 12. Books and Records. Proper books and records shall be kept with reference to all asaemaments,.and- each Owner shall at all reasonable times during business hours have access thereto. The books and records shall be kepi in such a manner as to separately identify the payments and assessments for utility service, maintenance and capital improvements. No payment or assessment for each individual assessment account shall be transferred or debited or credit— ed to another account. ARTICLE VI OWNER'S OBLIGATION TO REPAIR AND MAINTAIN; OBLIGATION TO •REBUILD Section 1. Owner's Obligation to Repair and Maintain Residence. Each Owner, shall, at Owner's sole cost and expense, perform such repairs and maintenance as shall be required to keep Owner's residence in a condition comparable to the condition of such residence of the -time of its initial construction, excepting only ordinary wear and tear. Addi— tionally, each owner shall maintain Owner's yard area and all sidewalks and driveways on Owner's Lot. In the event an 1 Owner. shall fail or refuse to make such repairs or perform such maintenance, and such failure or refusal shall continue 12 1. . 100 66 2395 for more than forty-fivo (45) days from delivery of written notice from the Association to the Owner (or, if more than one (1) Owner, to any of them) specifying the maintenance or repairs required to be made,'the Association may, at its election, cause such maintenance and repairs to be performed. The costs of making or performing such maintenance and repairs shall then be an additional assessment to which such Lot is subject and shall be due and payable to the Associa— tion in the month next following the delivery to the Owner (or, if more than one (1) Owner, to any of them) of a written itemized statement of costs of -such maintenance and repairs. This assessment shall be secured by the same lien or liens and shall be enforceable in the same manner as any other assessment upon such Lot. Section 2. Owner's obligation to Rebuild. If all or any portion of a residence is damaged or destroyed by fire or othe_ casualty, it shall be the duty of the Owner thereof with all due diligence, to rebuild, repair or reconstruct such residence in a manner which will substantially restore it to its appearance and condition immediately prior to such casualty. Recpnstruction will be undertaken within three (3) -months after the damage occurs and shall be completed within twelve (12) months after the damage occurs, unless prevented by causes beyond the control of the Owner or Owners. a ' ARTICLE VII ARCHITECTURAL CONTROL Section 1. Authority of Architectural Control Committee. No building, fence, wall or other structure shall be commmenced, erected, placed or maintained upon any Lot in the Addition or upon any portion of the Common Area, nor shall anv exterior addition to or change or alteration of any improvement in the Addition be made, until the plans and specifications therefor, showing the kind, shape, height, materials and location of same, have been submitted to and ' • 2 13 t I00 66 23% . approved in writing by the Architectural Control Committee as to the quality of materials, the ha-mony of external design and location in relation to other existing or planned struc- tores and overall topography. Plans and specifications shall reflect all driveways and sidewalks required to serve the Lot, even though the same, in whole or in part, extend beyond the perimeter boundaries of the Lot. The Architectural Control Committee'shalf give or withhold approval (as is in the judgment of the Committee proper) of all matters set forth above. In the event the Architectural Control Commit- tee fails to approve or disapprove plans and specifications within thirty (30) days after same are submitted to it in writing, approval will not be required and the related covenants will be deemed to have been fully complied with. Section 2. Composition of Committee) Vacariciesy Delegation of Authorityr and Surrender of Authority. The Architectural Control Committee shall be composed of three (3) or more persons to be appointed by Declarant. Declarant herewith appoints DAVID E. BERNSEN, JAMES L. GONZALES, MICHAEL R. JENKINS and CRAIG J. SHERLOCK as the members of the initial Architectural Control Committee. In the event of the death, inability to serve, or resignation of a member of the Architectural Control Committee, the remaining members of the Committee shall have the power to designate a successor. The Committee shall have the power to designate a represent- ative to act for it. No member of the Committee or its designated representative shall be entitled to demand or receive any compensation or fee as a condition to the Member's examination or approval of plans or specifications submitted or to be submitted to the Committee hereunder. Upon the completion of construction of a residence upon each and every Lot in the Addition, the Architectural Control 'Committee may, by instrument, in writing, executed by a majority of the then members of the Architectural Control lqd E6 2391 Committee, surrender its authority, powers and duties under this ARTICLE to the Board of'Directora of the"Association or to a committee appointed by the Board of Directors. ARTICLE VIII MAINTENANCE BY ASSOCIATION Section 1. Maintenance of Common Area, It shall be the duty and obligation of the Association to (i) maintain and repair the Common Area of the Addition, together with all structures and improvements thereon; (ii) maintain and repair all water, sewer, storm drainage and other utility lines in or serving the Common Area (which are not dedicated to general public use); (iii) maintain and repair streets situated on the Common Area within the Addition; and (iv) maintain the perimeter fence and the exterior.side of the shrubbery along the perimeter fence. ARTICLE IX USE RESTRICTIONS The Lots and the Common Area shall be occupied and used. as follows; Section 1. Residential Use. No Owner shall occupy or use his Lot or building thereon, or permit the same or any part'thereof to be occupied or used for any purpose other than as a private residence for the Owner, his family, guests and tenants. The use of satellite dishes, swimming pools and tennis courts are permitted if not in violation with clauses elsewhere contained herein; provided specifically, satellite dishes must be constructed and kept at ground level and not be visible from the sub— division streets. Section 2. Obstruction of Common Area. There shall be no obstruction of the Common Area. Nothing shall be stored in the Common Area without the prior written consent of the Board of Directors. Section 3. Insurance. Nothing shall be done or kept in the Common Area which will increase the rate of insurance on the Common Area, without the prior written consent of the Board of Directors. No Owners shall permit anything to be done or kept in the Common Area which will result in the cancellation of insurance on any part of the Common Area, or 15 100 66 2393 which would be in violation of any law. No i4aste will be committed in the Common Area. Section 4. Nuisances. No noxious or offensive activity shall be carried on;upon any Lot, or the Common Area, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the other Owners. No boat, trailer, truck (except for a pickup truck having a manufacturer's rated carrying capacity for three --fourths (3/4) ton or less), camping or recreational vehicle shall be parked or stored upon any Lot in the Addition on a 'permanent basis" (as hereinafter defined) except wholly within an enclosed garage appurtenant to a dwellingi nor shall any such boat, trailer, truck, camping or recreational vehicle be parked upon a street or driveway in the Addition on a 'perma- nent basis" (as hereinafter defined). A "permanent basis", as that tern^ is used above, shall mean any period of forty- eight (48) consecutive hours or any period of twelve (12)' consecutive hours on any twol(2) consecutive days. No repair work, dismantling or assembling of motor vehicles or any other machinery or equipment shall be permitted in any street, drive, driveway or yard adjacent to the Common Area, or in the Common Area. Section 5. -Signs. No sign of any kind shall be dis- played to public view on any Lot or building except one (1) sign of not.more eight (8) square feet in area advertising the merits of the property for sale or rent. During the construction and initial sales period of the dwelling units the Builder may use other signs and displays to advertise the merits of the property for sale or rent. Section 6. Temporary Structures. No structures of a temporary character, trailer, basement, tent, shack, barn, or other out buildings shall be used on any Lot at any time as a residence, either temporarily or permanently; nor shall any used residence or other used structure be moved onto any Lot.-• - M E6 2399 During the construction and sales period of the initial dwelling units the Builder may erect and maintain such struc— tures as is customary in connection with such construction and sale of such property, including, but without limitation, storage areas, construction yards, signs, model units and sales offices. Section 7. Oil and Mining operations, No gas or oil drilling, gas or oil development operations, oil'refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil bells, tanku, tunnels, mineral excavations or shafts be permitted upon or in any Lot by the Declarant or any subsequent owners deriving title to the property herein. Section 8. Livestock and Poultry. No animals, live— stock, or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept pLovided that they shall not become a nuisance and are not kept, bred, or maintained for any commercial purposes. Section 9. Garbage and Refuse Disposal. NO •Lot or any part of the Common Area shall be. used or maintained as dumping ground for rubbiLh. Trash, garbage or other waste shall be kept screened by adequate planting or fencing so as to conceal them from public view. There is reserved in favor of the Association the determination of the method of garbage disposal, that is, whether it shall be through public author— ity or through private garbage disposal contractor(s). All equipment for the storage or disposal of such materials shall be kept in clean and sanitary condition. Section 10. Sewage Treatment. No sewage treatment system shall be permitted on any Lot. Section 11. Owner's Maintenance. The owner shall maintain and keep in repair the following equipment and lines 'located outside the residence% air conditioning compressor @'s101123su00 olalayl aueuallnddv saanlDnaas TTe pup 6u;TTaRp AVV 'sTeTaalVW uoTaonlasuo� aoTla�xa '�l uotaoag '�sa; asenbs (000'E) Puesno47 aaaya uvgl ssaT ;o paav 6uTATT cons ;o Tpaoa a 10 pale 6uTATT yons ;o iaa3 aavnbs (OOS'l) p+=punq aA)I puvsnoya auo ueya ssaT anvy '01 ,{ue uo 6uTTT4AP ;Tt4-auo pup A1019 ao 'Kaoas oha Cue ;o 1ooT; asaT; 04; TTg4s .20u tabs; alvnbs (OOS`Z) Paapuny aAT; puesnoga ona gg41 sQeT aq TTe4s (ss6gav6 pup s'aodavo '9940aod undo 6uTpnTaxe anq ��tooi "W3019 pug AITTTan PasoTOua 6uTpnTouT) aanaanals uTvw at{a ;0 taag 10oT; 6uTATT a41 4aT4A UT voTITPPV eqa UT Ivy XUV. uo P612TW30d aq TTvgs 6uTTTeAP 'C*AsT ITTds ao ksole suo a!fl °eluet 8,l!(, aH a vaoo,3 a1*n s wnw;uTW 'EL u0ga309 1 •aT;Oad'ao; uo POTaago aou Put Aggoq g ;o alna*u aya UT aq AITA713e4 Bans g6noyl UeAW r JPw42Oq4BTau TsTluepTsea a qv uoTITPPV ®41 ;o XaTTTgeaTwap eqa aonpaa al PaatTnaTto aq 746Tm 4oT4A Pug seT'4TTTgTsusw datniTpao a0 oaog46Teu 01 oouvAouuv 6uTATb to paaepTsuoa oq Rtgtuaaooa I46Tw 4074A QsaV vowwoo a47 10 ao-y Aue uodn uo PaTsaaa eq TTw4Q dITATlag ON 1Q0—U ouuv •LI uo I08 T s 'saauAo 17a4a ao seauapgsaa �a ®aye aoe;;T ATwsleApv TTTA 43T4A IITxa of UOTITPU03 AUP ROTtV aou age duv op 1ou +luswglTpa104 ao luawvvws Auv ITadwT eouaPTasa .1e410ue ;o AIT3501UT ao sswupunos Teanlanlas sql .tT*dwl TTYp ae4l )1.10A Aug ao log ou op TTeg4 aeuao UV ' TauTedwoo vU04deTaa ao/pue vw6 sqa Aq pauyvluTvw 7ou lnq 10rl pql uo POUVOT tsuTT eaTRaas au04daTea ao/pug vw6 Tvanleu ;o uogaaod Pepe aaaeNVeaq lgnoaTa ag,alaeT� Paewao;suQal ao soq uoTlounc SCAUadwos AITTTIn aTalaeTa �.41 01 6ug23euuoa ;o luyod oyl ®9 buTpTTfl q 641 ;0 aoglolxe agi'woa; Qaolonpuoa e3TA209 aeAod �TxaoaT® '+a+lealLe uagaaeTTw ,10Ao9 R1Vagueer eql 01 e9uePTgea b aen 6uT$oauuoa "TT aones A=VaTueg 'eauapTsex a4a oa amps BUTliaeuveo seuTT TtaTaaaate puv sadgd 6uTpnTouT` °a®eruepuoO O�nkZ 99 � 1 f M 66 2401 on any Lot in the Addition shall have the exterior thereof constructed of wood, stone, or brick, stone or brick veneer, stucco, or other masonry material. This requirement may be waived by the Architectural Control Committee, or by its duly authorized representative, provided such Committee or• repse- sentat•ive shall expressly approve (in advance of commencement: of construction) the substitution of other exterior construc- tion materials which shall, in the sole opinion of the Com- mittee or its representative, not detract from or adversely affect the harmony of external design or appearance of the subject structure or•other structures in the Addition. Section 15.' Minimum Setback Requirements. No struc- ture shall be located nearer to the front Lot line than the building setback lines shown on the recorded Plat of the Addition, nor shall any structures other than fencea and driveways be located nearer than, twenty (20) feet to any aide Lot Line. Sectia, 16. Garage and Outbuilding. No garage doors shall face the subdivision streets. No detached build- ing, structure, or other outbuildings, excluding detached garages, shall be visible from the subdivision street or erected nearer to the front lot line than a line parallel with the street and twenty (20.) feet in the rear of the main residential structure upon said Lot, provided however, this requirement may be waived by the Architectural Control Committee. Section 17. Gates in the Perimeter Fence. No gates shall be allowed in the perimeter fence. However, the Archi- tectural Control Committee may waive this requirement. Section 18. Roof Materials. Pay dwelling and all structures appurtenajit thereto on any lot in the addition shall have at least bird architect 80 (or e.qual) as a minimum roofing 'requirement. Section 19. Driveway Construction. •- rb cuts from the subdivision streets cannot exceed 14 feet in width, and all driveways within 12 feet of the curb cannot exceed 12 feet in width; provided further, with respect to circular 100 66.24U2 driveways in front of the dwelling, that portion of the driveway which is parallel to the subdivision street may have a width not to exceed 24 feet. Section 20. Wooden.Wilndows. Wooden windows are required -for front Aevation of all dwelling structures, and wooden windows are required of the westerly elevation of the dwelling located on Lot 1 and the easterly elevation of Lot 20. Suction 21. Fences. No fence shall extend beyond front building set back lines, and no fence shall be con- structed totally of wood. Ho Fence nhall have a height in excess of eight (8) feet. This requirement may be waived by the Architectural Control Committee. , Section 22. Ceiling Height. The first floor of all dwelling structures will have a minimum ceiling height of nine (9) feet. Sect`)n 23. Buffer Area. The owners of the existing wooded and vegetation area located thirty (30) feet from and on a line parallel with the subdivision's northern boundary line will keep such area an uncut and undisturbed buffer area for a period of five (5) years from the date the city accepts the final plat of the subdivision. This provision does not relieve the owners of such property from the liabil- ities and responsibilities elsewhere contained herein, and in the event of conflicting language with the other provisions herein contained, the said other provisions will prevail. Section 24. Trees. No trees will be removed on any lot with the exception of those which are directly in the way of any approved improvements. Any, dead trees or diseased trees are exceptee for removal provided a written description of such dead or diseased tree and the name, address and tele- phone number of the entity removing the tree(s) are given to the Board of Directors of the Association within seven (7) days prior to of after such removal. Section 25. Garage Sales. No garage sales are permitted. I JG fZ- 2403 • Section 26. Driveway Surfaces, No driveways may be constructed using uncolored smooth finished -concrete. All driveways must use material approved by the Architectural Control Committee. Brick, asphalt, colored concrete, and pea gravel are some of such materials which may be submitted fdr approval. ARTICLE X EASEMENTS Section 1. Blanket Easements. An easement over and upon every Lot and all of the Common Area of the Addition is hereby granted to all police, fire protection, ambulance, garbage and trash collection vehicles and personnel 'to ahter thereon in the performance of their duties. Further, a like easement is herewith granted to the Association, its irepre- sentativea, agents, and employees, to enter in and upon or to cross any Lot and the Common Area of the Addition for -the purpose of performing the duties of maintenance and repair herein provided. Section 2. Other Easements. (a) Easements for installation and maintenance of utilities and drainage facilities are shown and designated as such on the recorded subdivision Plat and are hereby dedicated to public use by Declarant. Within the utility or drainage easements, no struc- tures, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may damage, interfere with, or change the direction of flow of drainage facilities in the easement. (b) -No dwelling unit or other structure of any kind (except as hereinafter provided) shall be built, erected, or maintained on any such easement, reserva- tion, or right-of-way, and any such easement, reservations, and rights -of -way shall at all times be 21 open and accessible to public and quasi -public, utili- ty corporations, their employees and contractors, and shall also be open and accessible to Declarant, its successors and assign , and to the Association, its agents, employees, an contractors, all of whom shall have the right and privilege of doing whatever may be necessary in, on, under, and above such locations to carry out any of the purposes for which such ease- ments, reservations, and rights -of -way are reserved. Easements for underground utilities may be crossed by walkways and driveways, provided that there are prior arrangements made for -such crossings with the utility company or municipal agency furnishing service there- in,' and provided further that Declarant or any utili- ty company or municipal agency furnishing service therein or using the easement shall not be liable for ant• damage done by them, their agents, employees, or contractors to such walkways and driveways in the course of installing, Maintaining or removing utility lines and appurtenances thereto within such ease- ments. ARTICLE XI GENERAL PROVISIONS Section 1. Enforcement. The Declarant, the Associa- tion, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, including temporary restrain- ing orders and injunctive relief, all restrictions, condi- tions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Faiiure by the ..ssociation or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. To the extent that one of the parties above referred to has-been successful on the merits or otherwise in the prosecution or 22 100 66 2405 defense of any action, suit or proceeding, whether civil or criminal, such person shall be indemnified _against such expenses (including costs and attorney's fees) actually and reasonably incurred by such party in connection therewith. Section 2. Severability. Invalidation of any one (1) of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions, which shall remain in full force and effect. Section 3. Amendment. The covenants and restric- tions of this Declaration ahall run with and bind the land, for a term of twenty (20) years from the date this Declara- tion is recorded, after which time they shall be automatical- ly extended for successive periods of ten (10) years unless terminated, using the same procedure provided for amendments herein. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, including Declarant or its successors, and thereafter by ari instrument signed by not less than seventy-five percent (75%) of the Lot Owners, including Declarant or its successors. Any amendment must be recorded. Section 4. Juinder by Lienholder. At the request of and as an accommodation to Declarant, Texas Commerce Bank (the "Bank"), being the owner and holder of a certain lien or certain liens upon the real property herein described (the "existing property"), joins with Declarant in the dedication to public use of the utili- ty, drainage and street easements in and upon said real property, as shown and designated upon the recorded subdivi- sion Plat thereof, and in the imposition of the restrictions, covenants and conditions hereinabove set forth in this Declaration; and, by its joinder herein, the Bank expressly subordinates its lien, liens, superior title and equities to the easements herein dedicated and to the restrictions, I Dig 66 24GP0 covenants and conditions herein imposed. By its joinder herein, however, the Bank assumes n,)ne of the liabilities, duties, covenants, or obligations of Declarant, its succes- sors or assigns, nor does the rank make any representations, guarantees or warranties as to any undertaking, covenants oe representations of Declarant, its successors or assigns, the sole purpose of the joinder by said flank being to con$ent and agree to the dedication of said easements and to the imposi- tion of said restrictions, covenants, and conditions and to the subordination of its lien, liens, superior title and equities to said easements, restrictions, covenants and con- ditions. IN WITNESS WHEREOF, Declarant, WEST TRACE DEVELOP- MENT, a Texas Partnership composed of DAVID E. BERNSEN, JAMES L. GONZALES, MICHAEL L. JENKINS and CRAIG J. SHERLOCK, joined herein by._. Jerry Duty, Vice President - Texas Commerce Bank S�• , have executed this Declaration on the Z6 day of JUNIf, , 1984, A.D. WEST TRACE DEVELOPMENT, DECLARANT TEXAS IMMERCE�/B K Byo� h �/ts JMce President / ,41S 100 66 240T STATE OF TEXAS X COUNTY OF JEFFERSON Before me on this day personally appeared GP_A,�b . known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed. Given my hand and official seal thisday of �U�� 1984. Y i tMt ' n a Sta of TexTj aa STATE OF TEXAS X COUNTY OF JEFFERSON X Before me on this day personally appeared WC_'r- .CL. �Z Jet'j►umS _ known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed. Given my hand and official seal this Za "day of1984. r"'mft'a"d*"' NotarY Pu a or t e + 4A�Y�1*io9atlR]fC • State f TexaB STATE OF TEXAS X COUNTY OF JEFFERSON Z Before me on this day personally appeared _)t�M,Ej L. known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed. Given my hand and official see! thisZOO day of 1984. Y IIYt=e.3�1� trnrdW-t dWW No ry u in an or t •a '. State o Texas _ _ 106 66 2466 STATE OF TEXAS X COUNTY OF JEFFERSON i Before me on this day personally appeared U 1]/ C�iC, yr known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for zhe purposes and considerations therein expressed: ,,a nu.n.n.., • {.+1,'p�.'•., Given my hand and official aenl this day of �Sy�---, 1984. 21l �---- f Notary U c, n a tha lrr, ':.• :, 4-6.11 State of Texas Sue McCown THE STATE OF TEXAS § ` COUNTY OF JEFFERSON § This nsCTument was , know ledprd before me on the�me�} day of 19� by JERRY B. DUTY, Senior Vice President o TM S MMF.RCE BANK-BEAUMONT, NATIONAL ASSOCIATION, a national banking association, on behalf of said bank.NOTARY .. 1 Q b�.y� • !l IC, STATE OF TE S tf �. ;sN y e or print na 1 ,, My co• ission expires !, MARGARIT R DIE040, N.1my Publl[, j, .; r•� la Ih• Slab ul L• L G�.yt;•((� Mr Cn�nmpunnI—-n,�J ' . ­ 100 66 2409 N 12.53 acres of land out of the Hezeki2 williarts League, Abstract Ato. 56, :,ef_e=son Count}, Texas and being a peat of 1045.36 acres of land described . :n a Deed dated February 13, 1933 from iYeadrav land Ca7pany to Yount -Lee 0:1 Ca:pany recorded in Volume 374, Page 113 of the Deed Records of Jefferson Co,rntv, Texas. The said 12.53 acres am rore particularly described as follows; CJ•:Z�LING at the intersection of the South right-of-way line of Delawem Ez eet (BO feet Hide) with the East right-of-way line of Dowlen Road (100 feet %aide) E-CE North F.F.151'39" East With the South right-of-way lime of said Delaware Street a distan-e of 1572.86 feet to a 1/2" iron rod set in said line for the '%_rt1:.+est cornL_ arx! PIA(M OF 9Mn,..'Mrj of the herein described 12.53 acre tract; No Oh 86.51'39" East with said South right -of --..'ay line a distance of ' 057, no 'feet to a 1/2" iron rod set at the intersection of said line with the East line of the aforesaid 1045.36 acre --act and the Northwest corner of an 0.25 acre ease:Teent granted to the City of Bea=ont on August 28, 3.975; South 02*16152" East unith the Bast line of said 1045.36 acre tract and the Went line of said 0.35 acre tract a astance of 509.78 feet to a 1/2" izon set at the intersection of said lire with the North line of a 3.29 acre -:,act described as Easement No. 1 in a right-of-way Deed dated July 1, 1972 `_un A^mica Production Carman to Jeffe son County Drain qe District No. 6 ro w =eed in Volume 1746, Page 84 of the Deed Records of Jefferson County, Texas; %-=- = South EE•08108" Kest with the North line of said 3.28 acre Basement A7o. 1 : cistance of 1057.28 feet to a 1/2" iron rod set in said line; -M=z North 02.16'52" rest with :he crest line of tie herein described 12.53 acre tract a distance of 523.17 feet to the OF =11WI C and corrtaining 12.53 acres of land. TILED FOn RECORD Ar lamE,: JEFFER UJHtOJNT�IMXAP JUL 5 1107 AN Tq j Clerk's Note; Map recorded in Volume 14 Page 169 in the Map ` Records of Jefferson County, Texas, EXHIBIT "A" RESOLUTION NO. WHEREAS, on February 17, 2020, the City of Beaumont Planning Commission recommended the approval of a request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont for Oak Trace Subdivision with the following condition: ; and, • Approval of conveyance document by City Council WHEREAS, City Council finds that the request to convert the private streets and other infrastructure to public ownership is in the best interest of the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT City Council approves the request to convert the private streets and other infrastructure for Oak Trace Subdivision to public ownership subject to satisfying the following condition: • Approval of conveyance document by City Council. 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 17th day of November, 2020. - Mayor Becky Ames - 3 November 17, 2020 Consider approving a Substantial Amendment to the Consolidated Grant Program's 2020 Action Plan to include Community Development Block Grant reallocated funds for the Public Facilities and Improvements line item and consider approving a resolution adopting the amended Consolidated Grant Program's 2020 Action Plan BEAUMONT - TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: November 17, 2020 REQUESTED ACTION: Council consider approving a Substantial Amendment to the Consolidated Grant Program's 2020 Action Plan to include Community Development Block Grant reallocated funds for the Public Facilities and Improvements line item and consider approving a resolution adopting the amended Consolidated Grant Program's 2020 Action Plan. BACKGROUND Planning & Community Development staff has provided an opportunity to receive public comments on the process, as well as the proposed amendment to the 2020 Annual Action Plan. Attached is the revised budget for the 2020 Program Year. The revised budget reflects the actual allocations of the CDBG/ HOME grant award, estimated Program Income, as well asa, reallocated amount of $853,013. This proposed reallocation is comprised of un-obligated funds from years prior to 2015 as well as the funds remaining from the Small Business Revolving Loan Program. These additional funds would be used to rehabilitate Bob Street from Sarah Street to Virginia, Ector Street from Harriot to the south end of Campus Street, and Goliad Street from College Street to Washington Boulevard, as discussed during the recent City Council Work Session. In addition, the City recently received notice from HUD that the original CDBG and . HOME allocation amounts were not correct. The 2020 allocation for CDBG has been reduced by $229 and the HOME allocation has been reduced by $102. These minor changes have been reflected in the proposed -budget. This proposed amendment would result in a total budget of $2,314,433 in CDBG funds and $476,920 in HOME funding. Due to the overall degree of change to the Action Plan, the City must submit a substantial amendment to its 2020 CDBG. Annual Action Plan to include the aforementioned activity proposed for the CDBG funds. . FUNDING SOURCE U. S. Department of Housing and Urban Development (HUD) Community Development Block Grant Funds. RECOMMENDATION Approval of the resolution. ZpIENTOF * U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT yG IIIIIIII ��= WASHINGTON, DC 20410-7000 9BtN DEVb �Y ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT October 22, 2020 CORRECTED NOTICE The Honorable Becky Ames Mayor of Beaumont P.O. Box 3827 Beaumont, TX 77704 Dear Mayor Ames: I am pleased to inform you of your jurisdiction's Fiscal Year (FY) 2020 allocations for the Office of Community Planning and Development's (CPD) formula programs, which provide funding for housing, community and economic development activities, and assistance for low- and moderate -income persons and special needs populations across the country. President Trump signed Public Law 116-94 on December 20'', 2019, which includes FY 2020 funding for these programs. Since issuing the original allocation announcement letters, HUD has discovered an error in the formula calculation for two CPD formula programs, the Community Development Block Grant (CDBG) and the HOME Investment Partnerships (HOME) programs, stemming from issues at HUD field offices in California which are currently being resolved. HUD informs you that the correction to the formula has resulted in a decrease in the allocations for your community, an amount representing 99.98% of your total CDBG and HOME grants for FY 2020. Beaumont's original CDBG and HOME allocations were $1,361,649 and $477,022, respectively. Your jurisdiction's FY 2020 available allocations are now as follows: Community Development Block Grant (CDBG) $1,361,420 HOME Investment Partnerships (HOME) $476,920 This letter highlights several important points related to these programs. We remind grantees that CPD seeks to develop viable communities by promoting integrated approaches that provide decent housing and suitable living environments while expanding economic opportunities for low - and moderate -income and special needs populations, including people living with HIV/AIDS. The primary means towards this end is the development of partnerships among all levels of government and the private sector, including both for -profit and non-profit organizations. Based on your jurisdiction's CDBG allocation for this year, you also have $3,933,245 in available Section 108 borrowing authority. Since Section 108 loans are federally guaranteed, this program can leverage your jurisdiction's existing CDBG funding to access low -interest, long-term financing to invest in Opportunity Zones or other target areas in your jurisdiction. HUD continues to emphasize the importance of effective performance measurements in all of www.hud.gov espanol.hud.gov its formula grant programs. Proper reporting in the Integrated Disbursement and Information System (IDIS) is critical to ensuring grantees are complying with program requirements and policies, providing demographic and income information about the persons that benefited from a community's activities, and allowing HUD to monitor grantees. Your ongoing attention to ensuring complete and accurate reporting of performance measurement data continues to be an invaluable resource with regard to the impact of these formula grant programs. The Office of Community Planning and Development is looking forward to working with you to promote simple steps that will enhance the performance of these critical programs and successfully meet the challenges that our communities face. If you or any member of your staff have questions, please contact your local CPD Office Director. Sincerely, 111114� John Gibbs Assistant Secretary (Acting) for Community Planning and Development U.S. Department of Housing and Urban Development RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby adopts an amended HUD Consolidated Grant Program's 2020 Annual Action Plan, to amend the budget of the 2020 Action Plan to include $853,013.00 in CDBG Public Facility & Improvement Street Repair Program funding, thereby resulting in a new 2020 Action Plan in the amount of $853,013.00 in Public Facility -Street Repair funding, $1,361,420.00 in Community Development Block Grant (CDBG) Entitlement funding and $100,000.00 in Program Income funding for a total CDBG Budget of $2,314,433.00 and a total budget of $476,920.00 in HOME funding. The amended Plan is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of November, 2020. - Mayor Becky Ames - AMENDMENT TO THE 2020 HUD CONSOLIDATED GRANT PROGRAM As of 11/5/2020 FINAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2020 Budget CLEARANCE AND DEMOLITION 202,753 Funds will be used to demolish unsafe, unsanitary and uninhabitable residential structures located in low to moderate income areas. PUBLIC FACILITY & IMPROVEMENT (Special Projects to be determined) 200,000 Street Repair Program (reallocated CDBG funds) - AMENDED 853,013 HOUSING MINOR REPAIR — (Habitat for Humanity) 300,000 Funds will be used to repair approximately 45 -60 homes at $5,000 each, for the elderly and disabled. PROJECT DELIVERY COST— HABITAT FOR HUMANITY 100,000 Rehabilitation Administration (Project Delivery Costs) Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution, 100,000 and regulatory requirements associated with the implementation of the housing Repair Program. PUBLIC SERVICES (15%) 200,000 Public Service Organizations Funds will be used for administrative and operating costs for various public service organizations that provide services to low/moderate income citizens. ADMINISTRATION (19%) 258,667 Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution, and regulatory requirements associated with the implementation of the HUD Consolidated Grant Program. Program Income 100,000 Small Business Loan, Historic Preservation Loan Fund, Clearance and Demolition *Program Income is Estimated TOTAL CDBG 2,314,433 HOME Budget AFFORDABLE HOUSING PROGRAM Funds will be awarded to a non-profit housing development organization that will assist low/moderate income families in the process of acquiring a home (down payments assistance/closing costs, and mortgage buy downs). HOME ADMINISTRATION 47,772 CHDO OPERATING (5%) 23,846 (Community Housing Development Organization Operating) CHDO RESERVE (15%) 71,538 (Community Housing Development Organization Reserve) ENTITLEMENT (70%) 333,814 TOTAL HOME 476,920 EXHIBIT "A" Facilities are wheel chair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact (409) 785-4793 for further information. Esta instalacions ADA son accesible con estacionamineto para personas discapacitadas. En caso de ser necesarios los servicios interpretativos, por favor, po'ngase en contacto 48 horas antes de la reunion y se les proporcionara el servicio necesario. Telefono: (409) 785-4793 November 17, 2020 Consider a resolution authorizing a contract with Voya Financial for Stop Loss Insurance BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 17, 2020 REQUESTED ACTION: Council consider a resolution authorizing a contract with Voya Financial for Stop Loss Insurance BACKGROUND The City's health insurance plans are self -insured as opposed to fully funded plans to reduce health related costs to the City. However, to protect the City from large health claims by any one individual, it is recommended that stop loss coverage is purchased to cover claims that exceed $225,000. Towards the end of each calendar year, the City's benefits consultant (Holmes Murphy) gathers the claims history of that year and solicits quotes from the market and negotiates the most favorable terms for the City. This year multiple carriers were contacted, and three quotes were received. Voya Financial responded with a quote of $1,233,313 which is about an 8.3% increase over last year's quote. While this is not the lowest quote, it is the best value when you model for projected claims given the structure of the deductible options. PartnerER America currently holds the contract. Bid tab is attached. FUNDING SOURCE Employee Benefits Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT THAT the City Manager be and he is hereby authorized to execute an annual contract for the purchase of Stop Loss Insurance with Voya Financial, of New York, New York, in the amount of $1,233,313.00 for use in the Employee Benefits Fund. 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 17th day of November, 2020. - Mayor Becky Ames -