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Home My WebLink About05/17/2022 PACKET BEAUM4I•IT T E X A S MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET T1J SELAN', MAX' 17,2022 IL 30 PM AGENDA CALL TO ORDER " Invocation Pledge Roll Call �= Proclamations, Presentations and Recognitions Public Comment: Persons may speak on the Consent Agenda and Items 1-4 Consent Agenda CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion_ A consensus of the Council is required to remove any item for discussion and separate action.) A_ Approval of the May 10, 2022 City Council Meeting Minutes B. Authorize the Interim City Manager to execute all related documents for the purchase of a 225 square feet Lift Station Easement with Beaumont Country Club, Inc. REGULAR AGENDA 1_ Consider a resolution establishing guidelines for a person submitting specific reapportionment proposals 2. Consider a resolution adopting criteria for use in the reapportionment of Councilmember electoral wards 3_ Consider approving a contract with JMPKI_„ 1NC_, DBA The Lube Shop, to provide preventive maintenance for City vehicles 4_ Consider authorizing the Interim City Manager to execute Change Order No_ 1 to the contract with Greenscapes Six, LLC for the Concrete Pavement Repair City Wide Phase II Project 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: GADV, Inc. d/b/a L&L General Contractors vs. The City of Beaumont; Causes No. A-0207973 Subrogation of Jaiden Smith Subrogation of Kendrick Fletcher Subrogation of Shaquala Mitchell Subrogation of Israel Aguilera Subrogation of Tyler Woods * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit; specifically: Land owned by the City of Beaumont at 701-555 Main, Beaumont, Jefferson County, Texas 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. A BEAUMONT TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: May 17, 2022 REQUESTED ACTION: Council consider approval of the May 10, 2022 City Council Meeting Minutes. BEAUMONT TEXAS MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert"A.J." Turner Jr.,At-Large ROBIN MOUTON, MAYOR Randy Feldschau,At-Large Taylor Neild,Ward I CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel, Mayor Pro Tem MAY 10, 2022 Chris Durio,Ward IV Tina Broussard, City Clerk Chris Boone, Interim City Manager Sharae Reed, City Attorney The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on May 10, 2022, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING * Invocation Pledge of Allegiance Roll Call * Proclamations, Presentation and Recognition * Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-3 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Donnie Flippo with Gospel Center Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Stephanie LeBlanc, Deputy City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tem Samuel, Councilmembers Durio, Getz, Turner, Feldschau and Neild. Absent: Tina Broussard, City Clerk. Also, present were Chris Boone, Interim City Manager; Sharae Reed, City Attorney; Stephanie LeBlanc, Deputy City Clerk. Proclamations, Presentation, Recognitions Presentation — Redistricting presentation by Rezzin Pullum with Bojorquez Law Firm, PC Mr. Pullum explained the process of redistricting,which is the process of drawing or changing electoral ward boundaries. This information is based on data from the U.S. Census Bureau. Every 10 years the Census counts each U.S. resident and notes where they live on April 1. Redistricting is about math and people. It ensures that each Ward is at the ideal size and that there is compliance with the Voting Rights Act. "Public Service Recognition Week" — May 9-13, 2022 — Proclamation read by Mayor Mouton; accepted by Chris Catalina, Personnel Director, City of Beaumont Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. Councilmember Neild asked that, unless the terms and conditions of a contract were to be discussed, that they have the Project Riverfront/555 Main Street discussion in Council Chambers in the public. Councilmember Getz agreed, stating that this involves millions of Minutes—May 10,2022 taxpayer dollars and that in the interest of transparency that development discussion should be done downstairs as well. Councilmember Neild clarified to Interim City Manager, Chris Boone, that this would be for today and moving forward. City Attorney, Sharae Reed, stated that today's discussion would relate to the terms and conditions of the contract related to 555 Main Street. Mayor Pro Tem Samuel agreed that contractual discussion should be in Executive Session. Councilmember Feldschau asked for direction from counsel. Ms. Reed recommended that contractual matters be discussed in Executive Session. Mayor Mouton stated that contractual matters would be discussed upstairs. Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-3 None CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the April 26, 2022, City Council Meeting Minutes and the April 28, 2022 Special City Council Meeting Minutes. B. Authorize the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) awarded to the Beaumont Public Health Department for Tuberculosis Prevention and Control — Resolution 22-120 C. Approve a contract for the purchase of miscellaneous filters for use in the Fleet Department. - Resolution 22-121 D. Authorize the Interim City Manager to award a contract to SETEX Construction Corp for the Lawson's Canal Reclamation Plating Project - Resolution 22-122 Councilmember Neild moved to approve the Consent Agenda. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED AGENDA 1. Consider authorizing the Interim City Manager to award a contract to Pro Pipe, Inc. of Houston for the 4th Street Storm Sewer Inspection Project. The 4th Street Storm Sewer Inspection Project consists of television video inspection and if required, cleaning and removing any debris found in the storm sewer system in accordance with the plans issued with the contract. The work will be within the City Limits starting at the intersection of 4th Street and North Street to the intersection of 4th Minutes—May 10,2022 Street and HWY 69. On April 21, 2022, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $415,000.00. The bid totals are indicated in the table below: Contractor Location Base Bid Amount Pro Pipe, Inc. Houston, TX $219,040.00 SETEX Construction Corp. Beaumont, TX $373,971.00 Structural Preservation Systems Nederland, TX $515,995.17 Equix Integrity Southeast, Inc. Houston, TX $601,511.20 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Pro Pipe, Inc., in the amount of$219,040.00. A total of sixty (60) calendar days are allocated for completion of the project. Funds will come from the Capital Program. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF CONTRACT TO PRO PIPE, INC. OF HOUSTON, TEXAS IN THE AMOUNT OF $219,040.00 AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH PRO PIPE, INC., OF HOUSTON, TEXAS. Mayor Pro Tem Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-123 2. Consider authorizing the Interim City Manager to execute Change Order No. 8, accept maintenance, and authorize final payment to ALLCO, LLC, for the Sewer Plant Pump Replacement and Renewal Project. On March 19, 2019, by Resolution 19-063, City Council awarded a contract to ALLCO, LLC, of Beaumont, in the amount of $974,960.00, for the Sewer Plant Pump Replacement and Renewal Project. Previous Change Order Nos. 1-7, in the amount of $164,491.00, are attached for your review. Proposed Change Order No. 8, in the amount of ($48,460.00), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract Minutes—May 10,2022 amount of$1,090,991.00 The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order No. 8, maintenance, and final payment in the amount of$54,549.55 is recommended. Funds will come from the Capital Program. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT CHANGE ORDER NO. 8, IN THE AMOUNT OF($48,460.00), IS REQUIRED TO ADJUST THE ESTIMATED QUANTITIES IN THE CONTRACT TO REFLECT THE ACTUAL QUANTITIES USED IN THE COMPLETION OF THE PROJECT, THEREBY DECREASING THE TOTAL CONTRACT AMOUNT TO$1,090,991.00;AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 8, IN THE AMOUNT OF ($48,460.00),TO ADJUST THE ESTIMATED QUANTITIES IN THE CONTRACT TO REFLECT THE ACTUAL QUANTITIES USED IN THE COMPLETION OF THE PROJECT, THEREBY DECREASING THE TOTAL CONTRACT AMOUNT TO $1,090,991.00; AND THAT THE SEWER PLANT PUMP REPLACEMENT AND RENEWAL PROJECT BE AND THE SAME IS HEREBY ACCEPTED; AND THAT THE CITY MANAGER IS AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF $54,549.55 TO ALLCO, LLC, OF BEAUMONT, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-124 3. Consider authorizing the purchase of a new Mustang CAT Generator and related appurtenances for the City of Beaumont Prison Water Tanks and Lift Station. The City owns and maintains the Prison Water Tanks and Lift Station facility located near the Jefferson County Correctional Facility. The new permanent generator will replace a temporary generator and provide backup power to the site. Pricing for the generator and related appurtenances was obtained from Mustang CAT of Houston. Mustang CAT is the sole source supplier for the generator to have continuity through the water infrastructure throughout the City. The total cost of purchase if approved, would be $175,354. Funds will come from the Water Utilities Fund. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF A 500 KW DIESEL GENERATOR SET FOR USE BY THE WATER UTILITIES DEPARTMENT AT THE PRISON WATER TANKS AND LIFT STATION FACILITY FROM MUSTANG CAT, OF Minutes—May 10,2022 HOUSTON, TEXAS, A SOLE SOURCE VENDOR, IN THE AMOUNT OF $175,354.00. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-125 COMMENTS * Public Comments (Persons are limited to three minutes) Delilah Johnson 4020 Cheryl Street Beaumont TX Spoke to Council about going from a pandemic to an epidemic of our children with guns, her husband had an altercation with a 12 year old who threatened to shoot him with a gun, the Police were called though the child was gone by that time, there is nowhere for our children to go and there's not a lot for children to do with summer approaching, we need to invest in our children who will be our next presidents, city council members, the next people to take care of the homeless and senior citizens, spoke about Coach Rideau's "What About the Children" program, she is teaching her son that the pen is mightier than the sword so that he knows that he can make better choices, more truancy officers are needed, she has seen a number of children walking around instead of being in school, also spoke about the deteriorated state of Imagination Station Latosha Diggles 9335 Gross Street Beaumont TX Read comments by a judge and lawyer pertaining to her court case, believes that the transcripts she received was an accident and that the judge and lawyer are corrupt Richard Burton, Sr. 310 E Pipkin Street Beaumont TX Concerned about his neighborhood, the speeding has gotten outrageous, stated that there have been wrecks weekly and that there was an incident where a child was run over while riding their scooter, worried about the people and that things will get worse over the summertime Michael Finnell 3255 Cartwright Beaumont TX Spoke regarding racism and the injustices he, his family, and many others have suffered, will bring evidence to the public after August of this year about what he has endured, he is disappointed in the City, the city officials, and commissioners Minutes—May 10,2022 Stephen Hoffman 7045 Blarney Street Beaumont TX Stated that he attended the morning work session and that it was very good, said that it's difficult to know what is being talked about in Executive Session because it seems code names are being used and finds it concerning, stated that the people that are upset about the purchase of the AT&T building are also upset about the water, they are researching recall petitions, we need to be public and let people know what's going on, those that don't ask questions of Council like he does get bits and pieces and put it together however they want to and feel that Council is conspiring against the public, believes bringing Battleship Texas to Beaumont will increase foot traffic downtown, which will bring more businesses and will help it to prosper * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE MAYOR PRO TEM SAMUEL- NONE COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER TURNER- ASKED THE CITY MANAGER IF HE COULD EMAIL HIM AND WALK HIM THROUGH THE PROCESS OF HOW THE STATUS AND CONDITION OF THE PARKS ARE REVIEWED,WHO IS ACTUALLY REVIEWING THEM AND WHO THEY REPORT TO, ALONG WITH WHAT THE PROCESS IS AFTER THE REPORT IS TURNED IN, FINDS IT UNFORTUNATE TO HAVE HAD THE INCIDENT AT IMAGINATION STATION AND WANTS TO MAKE SURE THAT THE CITY IS DOING ALL PREVENTATIVE MEASURES POSSIBLE TO ELIMINATE ANY LIABILITIES AND NEGLIGENCE COUNCILMEMBER GETZ- STATED THAT FOR THE SECOND WEEKEND IN A ROW THE JEFFERSON THEATRE WAS ALIVE WITH THE SOUND OF ORGAN MUSIC NONSTOP DURING THE SHOWING OF SILENT MOVIES, ASKED THAT THE ORGAN BE PLAYED ON A REGULAR WEEKLY BASIS TO KEEP IT FUNCTIONING AT ITS BEST COUNCILMEMBER DURIO - SUMMER PROGRAMS ARE AVAILABLE TO KIDS ON THE CITY'S WEBSITE AND FACEBOOK PAGE, THERE ARE ALSO SOME SUMMER PROGRAMS AT THE SARAH STREET WELLNESS CENTER AND THE PRUITT CENTER CITY ATTORNEY REED - NONE INTERIM CITY MANAGER BOONE - NONE Minutes—May 10,2022 MAYOR MOUTON - THANKED EVERYONE FOR COMING,STATED THAT THE PODIUM IS ALWAYS AVAILABLE FOR ANY CITIZEN,WE WILL NOT STOP A CITIZEN FROM SPEAKING UNLESS IT'S FOR MISCONDUCT, EXPLAINED THAT THE CITY AND CITY COUNCIL IS RESPONSIBLE IN THE CITY'S JURISDICTION ONLY,WANTED TO MAKE CITIZENS AWARE THAT DISTRICT COURT IS NOT WITHIN THE CITY'S JURISDICTION,IN ADDITION REGARDING THE COMMENTS MADE CONCERNING OUR YOUTH AND CRIME ASKED THAT CITIZENS STAY TUNED AS THERE WILL BE DISCUSSION AS TO INVOLVEMENT WITH CITY COUNCIL BECAUSE IT HAS TO BE ADDRESSED, WANTS TO MAKE SURE LAWS ARE ENFORCED, INCLUDING THE LAWS FOR A JUVENILE, WE WANT TO MAKE SURE ALL CITIZENS ARE PROTECTED AND EVERY CITIZEN IS GOVERNED BY THE LAW Open session of meeting recessed at 3:03 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Toye Frazier vs. City of Beaumont; Cause No. E-206,919 * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit; specifically: Land owned by the City of Beaumont at 701-555 Main, Beaumont, Jefferson County, Texas * Consider matters related to contemplated or pending litigation in accordance with Section 551.087 of the Government Code: Project Riverfront Robin Mouton, Mayor Stephanie Leblanc, Deputy City Clerk Minutes—May 10,2022 B BEAUMONT TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: May 17, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to execute all related documents for the purchase of a 225 square feet Lift Station Easement with Beaumont Country Club, Inc. BACKGROUND The owner of the property listed below, has agreed to sell a portion of their property to the City of Beaumont for a Lift Station Easement in the amount of$91.00: 225 square feet Lift Station Easement situated in the Hezekiah Williams, Jr. Survey, Abstract No. 57 Owner: Beaumont Country Club, Inc. Location: 5355 Pine Street Appraisal Value: $91.00 FUNDING SOURCE Harvey Group 4 CIP Budget. RECOMMENDATION Approval of the resolution. • RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit "1," attached hereto, for a Lift Station Easement: Description: 225 square feet Lift Station Easement situated in the Hezekiah Williams, Jr. Survey, Abstract No. 57 in the City of Beaumont, Jefferson County, Texas Owner: Beaumont Country Club, Inc. Appraised Value: $91.00 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 purchase of the above described property be, and the same is, hereby approved; and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute all related documents relating to the purchase of the above described property. 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 May, 2022. - Mayor Robin Mouton - AGREEMENT PROJECT: Lift Station Easement Property ID#: 19040 THE STATE OF TEXAS X COUNTY OF JEFFERSON X This agreement between the Beaumont Country Club, Inc., of the County of Jefferson, State of Texas, hereinafter called GRANTOR, and the City of Beaumont, Texas, acting by and through its duly authorized Agent,hereinafter called GRANTEE,witnesseth: CITY OF BEAUMONT and the GRANTOR above recited have reached an agreement wherein the GRANTOR are to convey to the CITY OF BEAUMONT property described fully in a Lift Station Easement to be executed by GRANTOR, to which reference is hereby made for complete description, said property being briefly described as follows: 225 square feet lift station easement situated in the Hezekiah Williams, Jr. Survey, Abstract No. 57, in the City of Beaumont, Jefferson County,Texas The consideration and conditions of agreement axe fully listed and stated. The CITY OF BEAUMONT will pay GRANTOR as follows: NINETY-ONE AND NO/100 DOLLARS ($91.00) All liens and taxes (either current or delinquent)will be deducted. It is further agreed that the teens of agreement herein stated are in consideration of the delivery to the CITY OF BEAUMONT of a valid conveyance of all rights, title and interest described in the Lift Station Easement from GRANTOR to the CITY OF BEAUMONT. THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE -AUTHORIZED. EXECUTED this Arc( day of ma , 204v. CITY OF BEAUMONT /GRANTOR jeL OA& . Antoinette ardy aumont Country Club, Inc. Real Property Coordinat r EXHIBIT "1" STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § LIFT STATION EASEMENT THAT, BEAUMONT COUNTRY CLUB, INC., a Texas Corporation, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual, exclusive, lift station easement (the "Easement") to construct, alter, and maintain water and sewer lines and related appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A & B", attached and made a part hereof for all purposes (the"Easement Area"). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water and/or sewer lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto,or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise,subject to the Permitted Exceptions. [Signature Page Follows] q4 a EXECUTED this t day of 1 , 2022. GRANTOR: BEAUMON COUNTRY C B, INC. By: Prin ame: o ver e: Vice President ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSONth § This instrument was acknowledged before me on this the q = day of �, _, 20 byDon S. Shaver, Vice-President, of BEAUMONT COUNTRY CLUB, IN,� C. 1 " q1�t GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 20�11 p) . "'•'s'4 - CINDY GIBBS I. % My Notary 1016440452 „,:+'° Expires October 4,2024 tary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O. Box 3827 Beaumont,TX 77704 EXHIBIT "A" Legal Description: 225.00 Square Feet Lift Station Easement Hezekiah Williams,Jr.Survey,Abstract No. 57 Beaumont,Jefferson County,Texas BEING a 225.00 square feet lift station easement situated in the Hezekiah Williams, Jr. Survey, Abstract No. 57, Jefferson County, Texas and being out of and part of that certain called 60.89 acre tract of land as described in a deed from Mrs.N.R.Addock and husband R.L.Addock to the Beaumont Country Club as recorded in Volume 99,Page 80,Deed Records,Jefferson County,Texas,said 225.00 square feet tract of land being more particularly described as follows: NOTE: All bearings and coordinates are referenced to the Texas State Plane Coordinate System South Central Zone NAD83(2011).All acreages and distances are surface.All coordinates are grid. BEGINNING at a point for the most Easterly corner of the tract herein described (unable to find or set corner due to chain link fence post), said corner being the most Southerly corner of that certain called 225 square feet sanitary sewer lift station easement as described in a deed from Beaumont Country Club, Inc. to the City of Beaumont as recorded in Volume 1373, Page 247, Deed Records, Jefferson County,Texas and said corner being in the Northwesterly right-of-way line of Pine Street (formerly Colliers Ferry Road)and from said corner a chain link fence post bears SOUTH 55°23'13" WEST a distance of 0.24 feet and said corner having coordinates of N: 13,991,739.19 feet, E: 3,517,913.59 feet; THENCE SOUTH 51°52'10" WEST, along and with the Northwesterly right-of-way line of Pine Street,for a distance of 15.00 feet to a 5/8" iron rod set for corner; THENCE NORTH 38°07'50" WEST, over and across the said 60.89 acre Beaumont Country Club tract and perpendicular to the Northwesterly right-of-way line of Pine Street, for a distance of 15.00 feet to a 5/8" iron rod set for corner; THENCE NORTH 51°52'10"EAST,parallel to the Northwesterly right-of-way line of Pine Street for a distance of 15.00 feet to a point for corner(unable to find or set corner due to chain link fence post), said corner being the most Westerly corner of the above referenced 225 square feet City of Beaumont sanitary sewer lift station easement and from said corner a chain link fence post bears SOUTH 27°10'04"EAST a distance of 0.33 feet; THENCE SOUTH 38°07'50"EAST,along and with the boundary between the tract herein described and the said 225 square feet City of Beaumont sanitary sewer lift station easement for a distance of 15.00 feet to the POINT OF BEGINNING and containing 225.00 Square Feet,more or less. Surveyed on November 2, 2021. This legal description is being submitted along with a plat based on this survey(see E .'i: "B"). 'cooK:kors:r sdo iijt}f) IM..M.......M.NNN.. •n WQQ NN .. .. Thomas S.Rewe,RPLS No. 5728 .TM,ou�s aoG O rr Texas Surveying Firm No.: 10106700 ". 9 5728ti= , `'°�essN°+#'� . 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J<e H ,�o'o r obi `� wcnr'`• WZF' La awo a i o u.-Z Zmd _MZU) 0 F- la.CD w W ZoP Cr) N~W a Zoe i-g< U zNOZ NJ L U N z Ur-¢ VA r N 4Z'0 ` La N o Lu co 0 El R in i tS �� E 8 WeeN a 09 o n U) I < Wo w Ca N N W � W��w Q000 � 000 �U W a_z 0< t5 i ui ui ui ui ui � U) z6a ui u U o J OU Z O 0 O vvaW " ZZ�o Z } 0 w w 0 w W N U .- �� ,- - ina Wa d Z in � J U & � Q VAOPOMu) C1O m MOW LZW � MA ill u) U) ZZU) VIZ VI m>(W LI JwZQ' <I--NN I w � M t lPf t0 n H J J J J J J J O Z 1 May 17, 2022 Consider a resolution establishing guidelines for a person submitting specific reapportionment proposals BEAUMONT TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: May 17, 2022 REQUESTED ACTION: Council consider a resolution establishing guidelines for a person submitting specific reapportionment proposals. BACKGROUND The 2020 Census shows a total population decrease for the City of Beaumont to be 3,014 people since the time of the 2010 Census. This decrease in population triggers the responsibility of the City Council to evaluate what impact this decrease has on the four current single-member electoral wards of the City. The Council is recognizing its responsibility by engaging in the assistance of the Bojorquez Law Firm to determine the need to reapportion the wards in satisfaction federal and state law. It is helpful to the redistricting process to adopt criteria and guidelines that would assist the Council in its efforts to evaluate and adopt a fair and lawful reapportionment plan. In the event a plan is submitted to the City by the public, the guidelines established will ensure that each plan submitted will be given due consideration. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the City Council for the City of Beaumont, Texas has certain responsibilities for redistricting under federal and state law including, but not limited to, Amendments 14 and 15 to the United States Constitution, U.S.C.A., and the Voting Rights Act, 42 U.S.C.A. § 1973, et seq; and Texas Government Code §§ 2058.001 and 2058.002; and; WHEREAS, the City Council has certain responsibilities for redistricting under the City Charter; and, WHEREAS, it is necessary to provide for the orderly consideration and evaluation of redistricting plans which may come before the City Council; and, WHEREAS, these guidelines relate to persons other than the City of Beaumont who have specific proposed redistricting plans they wish the City Council to consider; and, WHEREAS, the City Council welcomes any comments relevant to the redistricting process; 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 in order to make sure that any plan that might be submitted is of maximum assistance to the City Council in its decision-making process, the City Council hereby sets the following guidelines: 1. Citizen Maps are those submitted to the City of Beaumont by members of the public, special interest groups, other political subdivisions, or individual members of the City Council. 2. Citizen Maps shall be assigned a name in accordance with the naming convention established by the City, beginning with Citizen Map, followed by an alpha character and if applicable, a numeric character. 3. Citizen Maps must be submitted in writing. If a plan is submitted orally, there is significant opportunity for misunderstanding, and it is possible that errors may be made in analyzing it. The City Council wants to be sure that all proposals be fully and accurately considered. 4. Any Citizen Maps must show the total population and voting age population for Black or African Americans, Hispanics, Asians, Anglo, and any other race identified by the census for each proposed City Council district. If a plan is submitted without a population breakdown, the City Council may not have sufficient information to give it full consideration. 5. Citizen Maps must be submitted by June 3, 2022. 6. Citizen Maps must redistrict the entire City. The City Council, of course, will be considering the effect of any plan on the entire City. Also, the City Council is subject to the Voting Rights Act, which protects various racial and language minorities. Thus, as a matter of federal law, it will be required to consider the effect of any proposal on multiple racial and ethnic groups. If a Proposed Plan does not redistrict the entire City, it may be impossible for the City Council to assess its impact on one or more protected minority groups. 7. Citizen Maps must conform to the criteria the City Council will be using in drawing the City Council member districts. Citizen Maps must be accompanied by a transmittal report identifying any criteria used other than that specified on the Resolution adopted by the City Council. It is crucial that the foundation for decisions reflected in a proposed plan be carefully documented. 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 May, 2022. - Mayor Robin Mouton - ATTEST: Chris Boone, Interim City Manager 2 May 17,2022 Consider a resolution adopting criteria for use in the reapportionment of Councilmember electoral wards BEAUMONT TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: May 17, 2022 REQUESTED ACTION: Council consider a resolution adopting criteria for use in the reapportionment of Councilmember electoral wards. BACKGROUND The 2020 Census shows a total population decrease for the City of Beaumont to be 3,014 people since the time of the 2010 Census. This decrease in population triggers the responsibility of the City Council to evaluate what impact this decrease has on the four current single-member electoral wards of the City. The Council is recognizing its responsibility by engaging in the assistance of the Bojorquez Law Firm to determine the need to reapportion the wards in satisfaction federal and state law. It is helpful to the redistricting process to adopt criteria and guidelines that would assist the Council in its efforts to evaluate and adopt a fair and lawful reapportionment plan. In the event a plan is submitted to the City by the public, the guidelines established will ensure that each plan submitted will be given due consideration. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the City Council of the City of Beaumont has certain responsibilities for redistricting under federal and state law including, but not limited to, Amendments 14 and 15 to the United States Constitution, and the Voting Rights Act, 42 U.S.C.A. § 1973, et seq.; and Texas Government Code §§ 2058.001 and 2058.002; and; WHEREAS, the City Council has certain responsibilities for redistricting under the City Charter; and, WHEREAS, on review of current demographic data it appears that a population imbalance exists requiring redistricting of the City Councilmember Districts; and, WHEREAS, it is the intent of the City to comply with the Voting Rights Act and with all other relevant law, including Shaw v. Reno jurisprudence; and, WHEREAS, a set of established redistricting criteria will serve as a framework to guide the City in the consideration of districting plans; and, WHEREAS, established criteria will provide the City a means by which to evaluate and measure proposed plans; and, WHEREAS, redistricting criteria will assist the City in its efforts to comply with all applicable federal and state laws; 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 in its adoption of a redistricting plan for City Councilmember Districts, will adhere to the following criteria: 1. Where possible, easily identifiable geographic boundaries should be followed. 2. Communities of interest should be maintained in a single district, where possible, and attempts should be made to avoid splitting neighborhoods. 3. To the extent possible, districts should be composed of whole voting precincts. Where this is not possible or practicable, districts should be drawn in a way that permits the creation of practical voting precincts and that ensures that adequate facilities for polling places exist in each voting precinct. 4. Although it is recognized that existing districts will have to be altered to reflect new population distribution, any districting plan should, to the extent possible, be based on existing districts. 5. Districts must be configured so that they are relatively equal in total population according to the 2020 federal census and current population estimates from other reliable sources. In no event should the total deviation between the largest and the smallest district exceed ten percent (10%). The City will attempt to achieve a deviation that is less than ten percent according to the best available data. 6. Districts should be configured in a manner that will accommodate the reasonably anticipated growth that will occur over the next six years. Toward that end, it will be acceptable for some newly-drawn districts to be purposefully under-populated in anticipation of immediate growth due to the rapid construction of new housing units. 7. The districts should be compact and composed of contiguous territory. Compactness may contain a functional, as well as a geographical dimension. 8. Proposed plans shall be assigned a name in accordance with the naming convention established by the City, followed by an alpha character and, if applicable, a numeric character. The term "Illustrative Map" shall be used to define all maps that are created for internal distribution only. The term "Draft Map" shall be used to define all maps that are shared and submitted to the public by the City. 9. Consideration may be given to the preservation of incumbent-constituency relations by recognition of the residence of incumbents and their history in representing certain areas. 10. The plan should be narrowly tailored to avoid retrogression in the position of racial minorities and language minorities as defined in the Voting Rights Act with respect to their effective exercise of the electoral franchise. 11. The plan should not fragment a geographically compact minority community or pack minority voters in the presence of polarized voting so as to create liability under section 2 of the Voting Rights Act, 42 U.S.C. § 1973. 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 May, 2022. - Mayor Robin Mouton - ATTEST: Chris Boone, Interim City Manager 3 May 17,2022 Consider approving a contract with JMPKL, INC., DBA The Lube Shop, to provide preventive maintenance for City vehicles BEAUMONT TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 17, 2022 REQUESTED ACTION: Council consider a resolution approving a contract with JMPKL, INC., DBA The Lube Shop, of Beaumont to provide preventive maintenance for City vehicles. BACKGROUND Bids were requested for an annual contract to provide preventive maintenance services such as oil changes, tire checks, fluid checks and grease checks. Specifications allow for a one-year contract with the option of two renewals of a one-year term at the same pricing as the awarded contract. Preventative maintenance services provided in this contract will cover approximately five hundred twenty (520) City vehicles. Bids were requested from twelve vendors with three responses. The Lube Shop submitted the lowest qualified bid with an estimated annual cost of$125,387.90. This pricing reflects an increase of approximately 5%. Lawe Inc. DBA Johnson's submitted a non-responsive, incomplete bid, with no signatures as required. Bid tab is attached. FUNDING SOURCE Fleet Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for an annual contract, with the option of two (2) renewals of a one (1) year term at the same pricing as the awarded contract, for automotive preventive maintenance for city-owned vehicles; and, WHEREAS, JMPKL, Inc., d/b/a The Lube Shop, of Beaumont, Texas, submitted a bid for an estimated total annual expenditure of $125,387.90 in the unit amounts shown on Exhibit "A," attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted by JMPKL, Inc., d/b/a The Lube Shop, of Beaumont, Texas, is the lowest qualified bidder providing 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 JMPKL, Inc., d/b/a The Lube Shop, of Beaumont, Texas, for an annual contract, with the option of two (2) renewals of a one (1) year term at the same pricing as the awarded contract, for automotive preventive maintenance for city-owned vehicles for an estimated total annual expenditure of $125,387.90 in the unit amounts shown on Exhibit "A" be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute a contract with JMPKL, Inc., d/b/a The Lube Shop, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of May, 2022. - Mayor Robin Mouton - Cuf V1 hi -00 < n CO CO W n n n o�' > > a a a .-. .- —• -. a y 0 Z Z CO= 0 z d O -o ID 3 3 V1/ = _• _ ID N CO 0 0 7 C m X rD 0 No O a) z O -,, almil 11) f D o- 0 D- . -IIz n f1 O c o Z C -i * r. p 0 fA N A C 7J -< * O oo, N D = O 7 << `G r D1 fD VI — < -, CO CO 0 m 'c. '_ 3 °' z zD 0 o y y N Oo g '^ ( Q N > < O Q N N N NJfo � co o 7 zD N W N 0 C O C P+ x v p D O 0 cn 3 3 co C 3 0 0 y -I m um+ VI < _I RI 3 -a z uu) 01 —I X < R. m Z o nz A NJ 4A IV fo v m O IA IA _ -CP 'D t0 NJ NJ 3 D V O co . 0 -1 z ir, o c D `° >-eq. U:4 -+ CD 0 0 0 rD m CT N N c y a CT 0 0 3 0 s m 0 H V L 3 a C CCo a a y m f N N 1A fo w v, E alJ to W w W r t1 V NJ w w to C C oo 03 a of c m v N71. 01 00 V 03 W V in A N o f D d O A 01 OD 7 Cl- O kw to rt o o- * N * V1 w p A 0 C co A v. ' w w 0 x N N N 0 LC) N < In 0 01 NJl0 V o ' O N O A C to N rn o 03 ro O A Ui I p 03 �++ is o 03 � V U, o 0 o w IA N I- C 0 co EXHIBIT "A" 4 May 17,2022 Consider authorizing the Interim City Manager to execute Change Order No. 1 to the contract with Greenscapes Six, LLC for the Concrete Pavement Repair City Wide Phase II Project BEAUMONT TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: May 17, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to execute Change Order No. 1 to the contract with Greenscapes Six, LLC for the Concrete Pavement Repair City Wide Phase II Project. BACKGROUND On February 15, 2022, by Resolution No. 22-056, City Council awarded a contract to Greenscapes Six, LLC, of Baytown, in the amount of$2,397,669.50, for the Concrete Pavement Repair City Wide Phase II Project. Proposed Change Order No. 1, in the amount of($60,900.00), is needed to adjust quantities for 8" Concrete Repair and 6" Concrete Repair due to the existing concrete pavement depth on various streets. No additional days will be added to the contract for the additional work. If approved, Change Order No. 1 will result in a new contract amount of$2,336,769.50. FUNDING SOURCE Capital Program—Street Rehabilitation Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 22-056 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Concrete Pavement Repair City Wide- Phase II Project; and, WHEREAS, Greenscapes Six, LLC, of Baytown, Texas, submitted a bid in the amount of$2,397,669.50; and, WHEREAS, the City Council is of the opinion that the bid submitted by Greenscapes Six, LLC, of Baytown, 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 Greenscapes Six, LLC, of Baytown, Texas, in the amount of $2,397,669.50, for the Concrete Pavement Repair City Wide-- Phase II Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Greenscapes Six, LLC, of Baytown, 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 15th day of February, 2022. . ."�0., &")►‘N ' ',,L1110 g - Mayor Robin Mouton - Contract # 1 09-May-2022 08:51 AM CST Concrete Pavement Repair City Wide-Phase II City Wide Beaumont,Texas 77701 Project Number:PW1222-06 1: Change Order Number 1 Grand Total: $-60,900.00 For General Contract Concrete Pavement Repair City Wide Phase II-General Construction Contract Division 01 Line Item Unit price Type Group 3.0 Construction Scope of Work Notes Awarded To Greenscapes Six,LLC Jerat Parrino 28238 Reason Equipment Change Code Days 0 Changed Attachments Change Order Summary Original Contract Sum 2,397,669.50 Substantial Completion Date 7-Mar-2023 Net Cost by Previous Approved COs 0.00 Net Time Change By Previous COs 0 days Contract Sum Before This CO 2,397,669.50 Substantial Completion before This CO 7-Mar-2023 Contract Sum Changed By This CO -60,900.00 Time Changed By This CO 0 days New Contract Sum 2,336,769.50 New Substantial Completion Date 7-Mar-2023 All Change Orders make up-2.54%of the Original Contract Accounting and Status Accounting Status Item Id 250 PO Number 423072 FEMA Number Accounting Project Code Custom Accounting Field 04 Custom Accounting Field 05 Custom Accounting Field 06 Custom Accounting Field 07 Custom Accounting Field 08 Line Items Account WBS/ Unit Total Item# Code Section Description Quantity UoM Price Amount Contract Items 361- 001 REPAIR OF CONCRETE PAVEMENT(H.E.S.CONCRETE) 2,030.00 SY 90.00 182,700.00 6001 (6") 361- 001 REPAIR OF CONCRETE PAVEMENT(H.E.S.CONCRETE) -2,030.00 SY 120.00 -243,600.00 6002 (8") Total -60,900.00 Grand Total:-60,900.00 Approval Approved Due:16-May-2022 Name or Role Status Actions 1 External-GC Approved Jerat Parrino 05-May-2022 04:21 PM CST 2 Project Manager Approved David Tingle 05-May-2022 04:26 PM CST 3 City Engineer Approved Amalia"Molly"Villarreal 09-May-2022 08:23 AM CST 4 Director Approved Bart Bartkowiak 09-May-2022 08:44 AM CST APPROVED BY: ATTESTED BY: Chris Boone Date Tina Broussard Date Interim City Manager City Clerk RESOLUTION NO. WHEREAS, on February 15, 2022 the City Council of the City of Beaumont, Texas passed Resolution No. 22-056 awarding a contract in the amount of $2,397,669.50, to Greenscapes Six, LLC, of Baytown, Texas, for the Concrete Pavement Repair City Wide- Phase II Project; and, WHEREAS, Change Order No. 1, in the amount of ($60,900.00), is necessary to adjust quantities for 8" concrete repair and 6" concrete repair due to the existing concrete pavement depth on various streets, thereby decreasing the total contract amount to $2,336,769.50; 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 Interim City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of ($60,900.00) for the additional work described above, thereby decreasing the total contract amount to $2,336,769.50 for the Concrete Pavement Repair City Wide-Phase II 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 May, 2022. - Mayor Robin Mouton -