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HomeMy WebLinkAbout08/09/2022 PACKET■ a: 1-1&I MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, AUGUST 9, 2022 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call Proclamations, Presentations and Recognitions -Presentation by Entergy Public Comment: Persons may speak on the Consent Agenda and Items 1-5 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 August 2, 2022 City Council Meeting Minutes B. Authorize the settlement of the claim of Robert Counts C. Approve a six month contract for the purchase of phosphate for use by the Water Utilities Department REGULAR AGENDA l . Consider a resolution appointing Kenneth Williams to the position of City Manager effective September 6, 2022 2. Consider a request to extend the deadline to commence construction for a school expansion located at 7720 Park North Drive 3. Consider a resolution receiving the proposed FY 2023 Budget and scheduling a public hearing d. Consider a resolution receiving the proposed 2023 Capital Program and scheduling a public hearing 5. Consider an ordinance amending the boundaries of the wards of the City of Beaumont for election purposes PUBLIC HEARING Receive comments related to amending the Tax Abatement Agreement with Suez Water Teclnlologies & Solutions, Inc. 6. Consider authorizing the Interim City Manager to amend the Tax Abatement Agreement with Suez Water Teclnlologies & Solutions, Inc, COMMENTS Public Comment (Persons are Limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 890-3777. UA TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: August 9, 2022 REQUESTED ACTION: Council consider approval of the August 2, 2022 City Council Meeting Minutes, MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Jr., At-Large ROBIN MOUTON, MAYOR Randy Feldschau, At-Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III AUGUST 2, 2022 Chris Durio,Mayor Pro Tem 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 August 2, 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 Julius Wardley with First United Methodist 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 Durio, Councilmembers Getz, Turner, Feldschau and Neild. Absent: Councilmember Audwin Samuel; Tina Broussard, City Clerk. Also, present were Chris Boone, Interim City Manager; Sharae Reed, City Attorney; Stephanie LeBlanc, Deputy City Clerk. Proclamations, Presentation, Recognitions Recognition: Mr. Steve Ahlenius President/CEO of the Greater Beaumont Chamber of Commerce Mayor Mouton read the announcement regarding Executive Session being held for Item #3. Council would recess to discuss this item and reconvene to vote. 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.) Minutes August 2, 2022 A. Approval of the July 26, 2022, City Council Meeting Minutes Councilmember Getz moved to approve the Consent Agenda. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED AGENDA Consider authorizing the Interim City Manager to execute Change Order No. 3, accept maintenance, and authorize final payment to Texas Pride Utilities, LLC, for the Dowlen West Pipe Bursting Contract — Phase I Project. On February 25, 2020, by Resolution 20-042, City Council awarded a contract to Texas Pride Utilities, LLC, of Houston, for the Dowlen West Pipe Bursting Contract — Phase I Project in the amount Of $1,097,150.00. Previous Change Order Nos. 1 -2, in the amount of $32,100.00. Proposed Change Order No. 3, in the amount of ($270,714.00), and the addition of 157 calendar days is required to adjust the estimated quantities and contract time to reflect the actual quantities and contract time used in the completion of the project. If approved, the final contract amount will be $858,536.00. The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 3, maintenance, and final payment in the amount of $42,926.80 is recommended. Funds will come from the Capital Program. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 3, IN THE AMOUNT OF ($270,714) AND THE ADDITION OF 157 CALENDAR DAYS TO ADJUST THE ESTIMATED QUANTITIES AND CONTRACT TIME TO REFLECT THE ACTUAL QUANTITIES AND CONTRACT TIME USED IN THE COMPLETION OF THE PROJECT, THEREBY DECREASING THE TOTAL CONTRACT AMOUNT TO $858,536.00 FOR THE DOWLEN WEST PIPE BURSTING CONTRACT— PHASE I PROJECT; AND THAT THE DOWLEN WEST PIPE BURSTING CONTRACT PHASE I PROJECT BE AND THE SAME IS HEREBY ACCEPTED; AND THAT THE INTERIM CITY MANAGER IS AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF $42,926.80 TO TEXAS PRIDE UTILITIES, LLC, OF HOUSTON, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND NEILD Minutes — August 2, 2022 NAYS; NONE MOTION PASSED Resolution 22-185 2. Consider approving a contract with WJE Associates, Inc., of Austin, Texas for Professional Engineering Services -- Bridge Repairs at Various Locations City Wide. The Texas Department of Transportation (TxDOT) performs biannual bridge inspections on City of Beaumont maintained structures through the Routine Off -System Bridge Inspections program. The 2021 inspection cycle recommended structural repairs be made within two (2) years, or before the next inspection cycle, for thirteen (13) of the fifty-eight (58) bridges inspected. The proposed engineering scope of work includes further inspection and design of recommended repairs. Engineering services shall include performing bridge inspections, preparing inspection reports, evaluate alternatives, develop scope of repairs and engineering design, provide materials testing, cost estimates, plans and specifications to address damages and repairs to thirteen (13) City of Beaumont maintained Bridge Structures. Four (4) responses were received and evaluated by City Staff. Funds will come from the General Fund. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH WJE ASSOCIATES INC., OF AUSTIN, TEXAS FOR ENGINEERING SERVICES RELATED TO BRIDGE REPAIRS AT VARIOUS CITY-WIDE LOCATIONS. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-186 EXECUTIVE SESSION — Recessed at 1:42 p.m. * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Ronald K. Davis v. John D. Brown, et al; Civil Action No. 1:22-cv-00024 Council reconvened at 2.56 p.m. Minutes — August 2, 2022 Councilmember Samuel arrived at 2:56 p.m. 3. Consider authorizing the settlement of the lawsuit styled Ronald K. Davis v. John D. Brown, et al; Civil Action No. 1:22-cv- 00024. The lawsuit styled Ronald K. Davis v. John D, Brown, et al; Civil Action No. 1:22-cv-00024, was presented and discussed in Executive Session held on July 19, 2022. The City Attorney is requesting authority to settle this suit in the amount of $22,500, Funds will come from the General Liability Fund. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY ATTORNEY BE, AND SHE IS HEREBY, AUTHORIZED TO SETTLE, THE MATTER OF RONALD K. DAVIS IN THE LAWSUIT STYLED RONALD K. DAVIS V. JOHN D. BROWN, ET AL; CIVIL ACTION NO. 1:22-CV-00024, FOR THE SUM OF TWENTY-TWO THOUSAND FIVE HUNDRED AND XX1100 DOLLARS ($22,500.00); AND BE IT FURTHER RESOLVED THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL DOCUMENTS RELATED TO SETTLEMENT OF THE LAWSUIT. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS TURNER AND SAMUEL NAYS: COUNCILMEMBERS GETZ, FELDSCHAU AND NEILD MOTION PASSED Resolution 22-187 PUBLIC HEARING * Receive comments related to draft plans for the reapportionment of single -member council wards Public Hearing Open: 3:07 p.m. Christopher Jones 1045 Doucette Beaumont, TX Stated that he came on behalf of many citizens, civic groups and Organizations that have reached out to him asking that he address Council, asked that Council postpone the public hearing and amendment process for an evening meeting as it would give residents the opportunity to be involved and engaged in the process Public Hearing Closed: 3:16 p.m. Minutes —August 2, 2022 4. Consider an ordinance amending the boundaries of the wards of the City of Beaumont for election purposes. As a result of the 2020 decennial census, it has been determined that a decrease in population in the City of Beaumont has caused the existing ward boundaries of the City of Beaumont to be substantially unequal in population. Article 1, Section 6 of the Charter of the City of Beaumont gives to the City Council the responsibility of changing ward boundaries from time -to -time as the Council may deem expedient so that each ward shall contain, as nearly as possible, the same number of electors. The proposed ordinance adjusts the ward boundaries so as to comply with the Charter of City of Beaumont. The next City election is May 6, 2023. Approval of the ordinance. Councilmember Peldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ADOPTING A NEW REAPPORTIONMENT PLAN THEREBY REVISING CITY COUNCIL MEMBER WARD BOUNDARIES IN RESPONSE TO THE 2020 CENSUS; PROVIDING FOR FINDINGS OF FACT; PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR INJUNCTIONS. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND NEILD NAYS. COUNCILMEMBER SAMUEL MOTION PASSED Ordinance 22-042 COMMENTS Public Comments (Persons are limited to three minutes) Tony Renfro 6110 Bankston Lane Beaumont, TX Stated that he comes before Council speaking for himself and the majority, the City of Beaumont now has the opportunity to make a move in a new and positive direction by hiring a new, well qualified, experienced applicant for City Manager, it's time for a change, the City of Beaumont has been a stalled city for the past two decades with missed opportunities for growth, new businesses, and because of mismanagement of the most important components — department of the City works, criticism of the previous City Manager, the City of Beaumont has been stagnant with great untapped opportunities, for growth and creative opportunities, it's time for those who have kept this great city below average and who have been attached to this old regime to step off the stage and to bring in the most well rounded applicant the City has ever employed, highly recommends applicant Kenneth Williams to take our city to the next level as our new City Manager Minutes —August 2, 2022 Christopher Jones 1045 Doucette Beaumont, TX Asked that Council not consider the Interim City Manager for the City Manager position due to his track record as the developer of the city, feels that many citizens have been made to feel dissociated and even exiled from the City of Beaumont when it comes to community engagement with options of resolve, believes that the city needs a new direction that they can rally behind, if Council wants change that change must start with a new City Manager, asks that Council's deliberation and overall decision be in line with the communities represented by his attendance Wilma Spikes 1605 Victoria Beaumont, TX Concerned regarding the fact that one of her properties has been red tagged, the property had utilities on, taxes paid and tenant occupied, unsure if the department that red tagged her property has done this to other citizens or if she's being bullied, is it part of the City code to do this to any other citizen, was unaware that a property that is tenant occupied and has utilities on could be deemed red tagged, stated the reason she attended Council was to plead her cause, her water services and lights have been turned off, stated that every time she has had work done it has been with licensed companies and there are permits on file with the City, wants her services back, will pull permits and comply with whatever Code Enforcement states she needs to do but feels she has been wronged, asked for Council's help with her situation as this is part of her income Travis Haynes 4805 Beck Street Beaumont, TX Spoke regarding an issue that happened to him on May 25, 2013, stated that he was slammed head first by a correction officer of Jefferson County correction facility, his arm was broken and he was left in an isolation cell for three days fighting for his life with no medical attention, stated he will bring this to Council, the news, civil rights groups, whoever he has to so that he is compensated for the damage to his arm and his pain Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM DURIO - WANTS ALL CITIZENS TO BE AWARE OF THEIR GRASS CLIPPINGS WHEN CUTTING GRASS, CLIPPINGS ARE NOT SUPPOSED TO BE SPRAYED OR BLOWN DOWN INTO THE DRAINAGE OR STREETS, JUST REMEMBER THAT YOU ARE RESPONSIBLE FOR YOUR GRASS CLIPPINGS, ATTENDED SOME OF THE SCHOOL SUPPLY GIVEAWAYS OVER THE WEEKEND, ONE WAS WITH THE 100 PLUS BLACK WOMEN AND ANOTHER WITH YDIA (You DID IT AGAIN), APPRECIATES THEM LETTING HIM ATTEND, IT'S A GOOD THING FOR THE COMMUNITY AND IT WAS REALLY SUCCESSFUL GETTING THE KIDS READY TO GO BACK TO SCHOOL, ATTENDED A TURNOUT AT OUR MOTHER OF MERCY CATHOLIC CHURCH WITH HIS AMERICAN LEGION POST, STATED THE MAYOR PRO TEM STAYS PRETTY BUSY Minutes — August 2, 2022 COUNCILMEMBER GETZ - STATED THAT A LOT OF PEOPLE ASK HIM WHAT THE STATUS IS ON GETTING BATTLESHIP TEXAS TO BEAUMONT AND HE TELLS THEM THAT IT'S PROGRESSING, A CITIZEN CREATED A SURVEY ON CHANGE.ORG TITLED "BRING THE BATTLESHIP TEXAS TO BEAUMONT", THE SURVEY IS THREE DAYS OLD AND ALREADY HAS HUNDREDS OF PEOPLE THAT HAVE INDICATED THEY WOULD LIKE TO SEE THE BATTLESHIP TEXAS COME TO BEAUMONT, IF YOU WOULD LIKE TO HAVE A VOICE IN THAT MATTER THE SURVEY IS ONE WAY TO DO SO COUNCILMEMBER TURNER - COMPLIMENTED THE CVB ON BRINGING BEEP BASEBALL NATIONAL LEAGUE TO HOST A TOURNAMENT IN BEAUMONT, HE VOLUNTEERED FOR THE TOURNAMENT AND ONE OF THE MOST HUMBLING THINGS HE NOTICED WAS THOSE INDIVIDUALS OUT THERE BLIND, PLAYING A SPORT, CELEBRATING, EXCITED, POSITIVE AND NOT COMPLAINING ABOUT THINGS THEY ACTUALLY DON'T HAVE AND IT HUMBLED HIM BECAUSE WE GO BY EVERY DAY IN LIFE AND OFTEN WE COMPLAIN, WE DON'T KNOW HOW PRIVILEGED WE ARE JUST BECAUSE WE HAVE ALL OUR PHYSICAL ATTRIBUTES, SPOKE ABOUT THE BACK TO SCHOOL DRIVES, THERE WAS ONE AT SMITH MIDDLE SCHOOL PUT ON BY STACY LEWIS SR. AND THE SCHOOL, ONE AT ODOM ACADEMY BY BOBBIE PATTERSON AND 100 PLUS BLACK WOMEN, AND AT ALICE KEITH PARK BY YDIA, STATED HE VOLUNTEERED AT ALL THREE, HE'S HEARD COMMENTS THAT THERE HAVE BEEN TOO MANY BACKPACK SCHOOL DRIVES, THERE ARE 16,000 KIDS IN BISD AND THE REALITY IS THAT SOME OF THOSE KIDS HAVE UNFORTUNATE LIVING CONDITIONS SO WE NEED TO SHIFT OUR MENTALITY IF WE EVER THINK LIKE THAT, ASKED FOR AN UPDATE ON THE POLICE CONTRACT NEGOTIATIONS, STRESSED THAT IT'S BUDGET SEASON AND WE NEED TO LOOK AT OUR MINIMUMS ON SALARIES NOT JUST THE HIGHEST, THE COST OF LIVING IS EXTREMELY HIGH, ASKS THAT WE LOOK AT COMPENSATING EVERYONE FROM THE BOTTOM TO THE TOP, THE CITY NEEDS TO BE COMPETITIVE IN REGARDS TO WAGES COUNCILMEMBER NEILD - NONE COUNCILMEMBER SAMUEL - LOOKS FORWARD TO WORKING WITH THE CHARLTON POLLARD NEIGHBORHOOD ASSOCIATION AS WELL AS GETTING WITH CITY STAFF TO LOOK AT THE CITY PROPERTY THAT IS AROUND OUR PARKS TO POSSIBLY INCORPORATE A COMMUNITY GARDEN IN THE CHARLTON POLLARD AREA, ATTENDED AND VISITED WITH STAFF AT THE SUMMER CAMP PROGRAM AT THE STERLING PRUITT CENTER, CAN'T EXPRESS ENOUGH THE JOB THAT OFFICER CAROL RILEY DOES WORKING WITH OUR KIDS, IT WAS BEAUTIFUL AND WAS HEARTENING TO SEE THE INVOLVEMENT BY THE BEAUMONT POLICE DEPARTMENT, IT Minutes —August 2, 2022 WAS A WONDERFUL EVENT AND WAS GOOD TO SEE THOSE KIDS JUST TRULY HAVING FUN COUNCILMEMBER FELDSCHAU - STATED THAT HE HAD THE OPPORTUNITY TO STOP BY THE STERLING PRUITT CENTER FOR THE SUMMER CAMP PROGRAM ON LAST THURSDAY, A NUMBER OF OTHER COUNCILMEMBERS ATTENDED, IN LOOKING AT THIS GROUP OF YOUNG KIDS AND LISTENING TO THE STAFF AND OFFICER RILEY AND LISTENED TO THEIR PASSION AND LOVE FOR THESE YOUNG KIDS HE WAS TAKEN ABACK BY THE MOMENT, THERE'S A LOT OF GOOD THINGS HAPPENING IN OUR COMMUNITY AND THERE'S A LOT OF GOOD PEOPLE, APPRECIATES THE STAFF, OFFICER RILEY, ALL OF OUR FIRST RESPONDERS WITH BEAUMONT POLICE DEPARTMENT, FIRE AND EMS INTERIM CITY MANAGER BOONE - A BUDGET WORK SESSION WILL BE HELD ON AUGUST 16, 2022, ALSO A TIMELINE IS BEING PREPARED RELATED TO CONTRACT NEGOTIATIONS WITH THE BEAUMONT POLICE UNION WHICH SHOULD BE READY IN THE NEXT DAY OR TWO CITY ATTORNEY REED - NONE MAYOR MOUTON - INVITED COMMUNICATIONS DIRECTOR, LAUREN MONITZ TO THE PODIUM TO ANNOUNCE A JOINT VENTURE WITH URBAN AIR, THE OWNER WISHES TO PARTNER WITH THE CITY OF BEAUMONT AND THE POLICE DEPARTMENT TO HOST A BACK TO SCHOOL BASH FOR OUR STUDENTS, NOT ONLY FOR THE NEXT TWO WEEKS BUT CONTINUING DUE TO THE LACK OF THINGS FOR TWEENS TO DO IN THIS AREA, MS. MONITZ STATED THAT ON THURSDAY NIGHT AT URBAN AIR FROM $-10 P.M. THE POLICE COMMUNITY RELATIONS DEPARTMENT IS PARTNERING WITH URBAN AIR TO INTERACT WITH THE KIDS ATTENDING, IT IS GEARED TOWARD KIDS AGES 13-16 AND 25% OF THE DOOR PROCEEDS WILL GO TOWARDS THE COPS N KIDS PROGRAM, PARENTS WILL NEED TO DROP THE KIDS OFF AND PICK THEM UP, IT'S A GREAT WAY FOR KIDS TO HAVE, FUN AND REGISTRATION IS REQUIRED ON THE URBAN AIR WEBSITE, MAYOR MOUTON INVITED COUNCIL TO COME OUT, STATED THE OWNER REALLY WANTED TO GET INVOLVED IN THE COMMUNITY AND BELIEVES IT'S A GREAT THING WHAT WITH ALL THE CRIME WE'VE HAD WITH OUR TEENAGERS, IT'S A GREAT WAY FOR KIDS TO GET OUT AND HAVE A LAST BASH OF FUN BEFORE SCHOOL STARTS, STATED THAT WE ARE IN HURRICANE SEASON AND WANTED TO REMIND EVERYONE ABOUT THE GRASS CLIPPINGS, NOTED THAT THE WATER WAS UP TO THE ROOFTOPS IN KENTUCKY WITH ALL THE FLOODING, ASKED THAT EVERYONE PLEASE TAKE CARE OF GRASS CLIPPINGS AND IF YOU SEE TRASH TO PICK IT UP, IT DOES AFFECT THE STORM DRAINS, ALSO RECEIVED A TEXT FROM A CITIZEN WHOSE NEIGHBOR'S DOGS WERE USING THE BATHROOM IN HER YARD, THIS LADY Minutes — August 2, 2022 HAS HAD TO TRAVEL TO MARYLAND TO HAVE SURGERY DUE TO DISEASE CONTRACTED FROM THE URINE AND FECAL MATTER IN HER YARD, ASKED THAT CITIZENS KEEP THEIR DOGS FROM USING THE BATHROOM IN OTHERS' YARDS IF AT ALL POSSIBLE, AGREES WITH COUNCILMEMBER TURNER THAT YOU CAN NEVER HAVE TOO MANY BACKPACK GIVEAWAYS, WE ARE IN ECONOMICAL HARD TIMES AND THERE ARE A LOT OF PEOPLE THAT ARE IN NEED OF THESES SUPPLIES, THANKED YDIA AND 100 PLUS BLACK WOMEN FOR CONTRIBUTING TO OUR COMMUNITY AND MAKING SURE OUR STUDENTS HAVE WHAT THEY NEED, CANT' TALK ENOUGH ABOUT DEAN CONWELL, FREDDIE WILLARD AND THE CVB STAFF FOR SPONSORING THE WORLD SERIES BEEP BALL, THESE PLAYERS WERE SIGHTLESS AND HAPPY JUST TO PLAY, DID NOT GET TO SEE THEM PLAY AS THE DAY SHE WOULD HAVE THE GAMES WERE CANCELLED DUE TO LIGHTNING, IT WAS A GREAT OPPORTUNITY FOR BEAUMONT TO HOST THIS WORLD SERIES, IT GOES ON ACROSS THE UNITED STATES, SO PROUD OF THE STAFF OF CVB FOR BRINGING THIS TO BEAUMONT FOR THE FIRST TIME, THANKED EVERYONE FOR COMING AND SPREAD THE LOVE AS ALWAYS EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Robert Counts Claim of Virginia Quintanar Toye Frazier v. City of Beaumont; Cause No. E-206,919 * Deliberate the appointment, employment and duties of the City Manager position in accordance with Section 551.074 of the Government Code -Personnel Matters; Closed Meeting: Christopher S. Boone Lionel D. Lyons Kenneth R. Williams Open session of meeting recessed at 3:47 p.m. Robin Mouton, Mayor Stephanie LeBlanc, Deputy City Clerk Minutes —August 2, 2022 TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: August 9, 2022 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Robert Counts, BACKGROUND The claim. of Robert Counts was presented and discussed in Executive Session held on August 2, 2022. The City Attorney is requesting authority to settle this suit in the amount of S10,785.54. FUNDING SOURCE General Liability Fund, RECOMMENDATION Approval of resolution. RESOLUTION NO, WHEREAS, the claim of Robert Counts was discussed in Executive Session properly called and held on Tuesday, August 2, 2022; and, WHEREAS, the City Attorney is requesting authority to settle this claim; 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 Attorney be, and is hereby, authorized to settle the claim of Robert Counts for the sum of Ten Thousand Seven Hundred Eighty -Five and 541100 Dollars ($10,785.54); and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. 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 9th day of August, 2022. - Mayor Robin Mouton - TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 9, 2022 REQUESTED ACTION: Council consider a resolution approving a six month contract for the purchase of phosphate for use by the Water Utilities Department. BACKGROUND Phosphate is used to purify the City's water supply. The Water Utilities Department expects to purchase approximately fourteen (14) tons of this material during the term of this contract. Formal bids were requested from nine vendors; four responded. Canis LLC of Peru, IL responded with a bid of $6,580 per ton: and a total estimated amount of $92,120. This represents a $2,5601ton or approximately (64%) increase in the price of this material over last contract. Specifications allow for a six month contract with the option of two renewals of six month terms at the same pricing as the awarded contract. Carus LLC has the current contract. There are no local vendors of this commodity. Staff recommends award. Bid tabulation is attached. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for a six (6) month contract, with the option of two (2) renewals of six (6) month terms at the same pricing as the awarded contract, for the purchase of phosphate for use by the Water Utilities Department; and, WHEREAS, Carus LLC, Inc., of Peru, Illinois, submitted a bid at a unit cost of $6,580.00 per ton for a total estimated cost of $92,120.00, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes; and, WHEREAS, the City Council is of the opinion that the bid submitted by Carus LLC, Inc., of Peru, Illinois, is the lowest responsible 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 Carus LLC, Inc., of Peru, Illinois, for a six (6) month contract, with the option of two (2) renewals of a six (6) month terms at the same pricing as the awarded contract, for the purchase of phosphate for use by the Water Utilities Department at a unit cost of $6,580.00 per ton for a total estimated cost of $92,120.00, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Carus LLC, Inc., of Peru, Illinois, 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 9th day of August, 2022. - Mayor Robin Mouton - § w 0 n \ ) m \ f / CD w ( ( e Q z # @ / m / o «2§ m [ k !a k ƒ § (-� w J Cl = m \ � $ /\\ j ( erg/ _ /_ $ ? n % 2( \ $ ( 2 � % j`2 9 \ { CD ° § \ \ \ \ \ \ } ƒE > ) )�k ® $ c to ZF \ � § m $ 2 / / \ ƒ j \ k m A ( / I o \ EXHIBIT "A' 1 August 9, 2022 Consider a resolution appointing Kenneth Williams to the position of City Manager effective September C, 2022 TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: August 9, 2022 REQUESTED ACTION: Council consider a resolution appointing Kenneth Williams to the position of City Manager effective September 6, 2022. BACKGROUND Article V of the City Charter defines the requirements of the City Council regarding the appointment of the City Manager and spells out the duties of the position. Mr. Williams has over thirty-four years of municipal government experience. Mr. Williams is the former City Manager for the City of Buda and has also served as the City Manager for the City of Diboll and the Assistant City Manager for the City of Lufkin. This item was placed on the agenda by Mayor Robin Mouton. FUNDING SOURCE Funds are available in the General Fund to pay the salary and benefits for this position. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Kenneth Williams is appointed City Manager effective September 6, 2922 with benefits as outlined in Exhibit "A," attached hereto 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 9th day of August, 2022. - Mayor Robin Mouton- EMPLOYMENT AGREEMENT between the City of Beaumont & Kenneth R. Williams THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into by and between the City o f Beaumont , Texas, a municipal corporation (the "City"), and Kenneth R. Williams, a natural person (the "Manager"). WITNESSETH: WHEREAS, the City of Beaumont ("City") is a home -rule municipality that has adopted the Managei'--Council form of government under Beaumont 's Home Rule Charter Article 1I1, Section 10, and Article V, Section 1, and in accordance with Texas Local Goveriunent Code Chapter 9; and WHEREAS, the City Council of the City (the "Council") and the Manager believe that an employment agreement negotiated between the Council, on behalf of the City, and the Manager can be mutually beneficial to the City, the Manager, and the community they serve; and WHEREAS, when appropriately structured, the Council and the Manager believe an employment agreement can strengthen the Council -Manager relationship by enhancing the excellence and continuity of the management of the City for the benefit of its citizens; and WHEREAS, the Council, on behalf of the City, desires to employ the services of the Manager, as the city manager of the City ("City Manager"), pursuant to the terms, conditions, and provisions of this Agreement; and WHEREAS, the Manager has agreed to accept employment as the City Manager, subject to the terms, conditions, and provisions of this Agreement; and WHEREAS, the Council is obligated to appoint a City Manager solely on the basis of the City Manager's executive and administrative training, experience, and ability, who shall be the chief administrative and executive officer of the City and shall be responsible to the Council for the administration of all the affairs of the City. NOW, THEREFORE, the City and the Manager, for and in consideration of the terms, conditions, and provisions hereinafter established, have agreed, and do hereby agree as follows: I. DURATION 1.1 INDEFINITE TERM. The term of this Agreement shall be for an indefinite term, beginuiing on September 6, 2022 (the "Commencement Date"). In accordance with Article V, Section 2 of the Charter, no definite term of office or employment for the Manager is EXHIBIT "A" created herein, September 6, 2022, shall be the Manager's official start date. 1.2 AT -WILL EMPLOYMENT. This Agreement provides for certain terms and conditions but does not alter the Manager's at-Tidll employment. zn accordance with Article V, Section 2 of the Charter, the Manager may be removed at the will and pleasure of the City Council by a vote of the majority of the entire Council, as provided herein. The City Council retains the right to terminate Manager's employment with or ivithout cause, subject to the obligations stated herein. 1.3 AUTOMATIC RENEWAL. Although this Agreement is for an indefinite terns, if it is construed by a court of competent jurisdiction as a one-year agreement it shall automatically extend to subsequent years, unless one party notifies the other in writing at least ninety (90) days prior to the anniversary of the effective date of this Agreement that it does not intend to extend this Agreement. The anniversary date shall coincide with the City's fiscal year, which conmnences October t", for purposes of salary adjustments and the severance period. Either party may decide to not extend this Agreement for an additional year for any reason, with or without cause. A notice by the Council to the Manager of an intention not to renew this Agreement shall be construed as a Termination Event under Section 6.1(e) [Unilateral Severance]. II. EMPLOYMENT 2.1 APPOINTMENT. Through this Agreement, the Council hires the Manager as an employee of the City, and appoints Manager to serve in the capacity of City Manager. 2.2 CHIEF ADMINISTRATIVE & EXECUTIVE OFFICER. The Manager is the chief administrative and executive officer of the City. 2.3 DUTIES. The Manager shall faid-ifiilly perform the duties of the City Manager as prescribed in the job description, as set forth in the City Charter and the City's Code of Ordinances and, as may be lawAilly assigned by the Council (collectively the "City Manager's Duties"). Further, the Manager shall comply with: state and federal law; the City's Charter; all City policies, rifles, regulations, and ordinances as they exist or may hereinafter be amended; and, all lawful Council directives (collectively "Applicable Laws and Authorities"). All duties assigned to the Manager by the Council shall be appropriate to and consistent with the professional role and responsibility of the City Manager position. 2.4 COUNCIL MEETINGS. Except to the extent prohibited by or in material conflict with Applicable Laws and Authorities, the Manager (or the Manager's designated Assistant City Manager or Department Director) shall attend, and shall be permitted to attend, all meetings of the Council, both public and closed, except those closed meetings devoted to the consideration of any action or lack of action on this Agreement, or any amendment thereto, the Manager's evaluation or performance, or for purposes of resolving conflicts between individual Council members. Employment Agreement City of Beaumont City Manager page 2 Kenneth R. Williams 2.5 INDEMNIFICATION. To the extent permitted by applicable law, including, but not limited to Texas Civil Practice & Remedies Code Chapter 102, the City does hereby agree to defend, hold harmless, and indemnify the Manager fforn any and all demands, claims, suits, actions, judgments, expenses and attorneys' fees incurred in any legal proceedings brought against Manager in the Manager's individual or official capacity as an employee and as City Manager, providing the incident(s), which is (are) the basis of any such demand, claim, suits, actions, judgments, expenses and attorneys' fees, arose or does arise in the fixture from an act or omission of Manager, as an employee of the City, acting within the course and scope of the Manager's employment with the City; excluding, however, any such demand, claim, suits, actions, judgments, expenses and attorneys' fees for those claims or any causes of action where it is determined that the Manager committed official misconduct, or committed a willful or wrongful act or omission, or an act or omission constituting gross negligence, or acted in bad faith; and excluding any costs, fees, expenses or damages that would be recoverable or payable under an insurance contract, held either by the City or by the Manager. The selection of the Manager's legal counsel shall be with the mutual agreement of the Manager and the City if such legal counsel is not also City's legal counsel. A legal defense may be provided through insurance and/or risk pool coverage, in which case the Manager's right to agree to legal counsel provided for the Manager will depend on the terms of the applicable insurance or risk pool contract. To the extent this section exceeds the authority provided and limitations imposed by Texas Civil Practice & Rernedies Code, Chapter 102, it shall be construed and modified accordingly. The provisions of this section shall survive the termination, expiration, or other end of this Agreement and/or the Manager's employment with the City. 2.6 APPROPRIATION. To the extent allowed by law, the Council has appropriated, set aside, and encumbered available and otherwise unappropriated funds of the City in an amount sufficient to fund and pay all financial obligations of the City pursuant to this Agreement. The City's obligations created in this Agreement shall be payable out of current revenues and/or fund balance. 2.7 HOURS OF ''WORK. The Manager acknowledges the proper performance of the City Manager's Duties require the Manager to generally observe normal business hours and will also often require the performance of necessary services outside of normal business hours. The Manager agrees to devote such additional time as is necessary for the full and proper performance of the City Manager's Dirties and that the compensation herein provided includes compensation for the performance of all such services. However, the City intends that reasonable time off be provided to the Manager, such as is customary for exempt employees, so long as the time off does not interfere with the normal conduct of the office of the City Manager. 2.8 EXCLUSIVE EMPLOYMENT. The Manager will devote full time and effort to the performance of the City Manager's Duties, and shall remain in the exclusive employ of the City during the term of this Agreement; provided that, with the prior written consent of the Council, the Manager may accept outside professional employment that does not interfere with the Manager's performance of, or the Manager's availability for the performance of, the City Manager's Duties hereunder. The term, "outside professional employment", means Employment Agreement City of Beaumont City Manager page 3 Kenneth R. Williams professional services provided to third parties for which the Manager is compensated and that are performed on the Manager's time off. III. COMPENSATION 3.1 SALARY. The City shall provide the Manager with an annual salary in the sum of two hundred and fifty thousand dollars and no cents ($250,000.00), This atulual salary rate shall be paid to the Manager in equal installments on the same schedule as other City employees and shall be paid net of any applicable withholding or deductions required by the Applicable Laws and Authorities. 3.2 SALARY ADJUSTMENTS. At any time during the term of this Agreement, the Council may, in its discretion, review and adjust the salary of the Manager, but in no event shall the Manager be paid less than the salary set forth in Section 3.1 of this Agreement, except by mutual agreement of the parties, Such adjustments, if any, shall be justified by performance reviews and shall be made in the form of Council resolutions. Manager shall be exempt from any across the board employee pay raise, unless specified by the Council. Salary adjustments shall be made by resolution of the Council approving and addendum to this Agreement and done in accordance with the terms of this Agreement. 3.3 PAID LEAVE. a. Vacation. The Manager may take, at the Manager's choice, the same number of hours of vacation authorized for administrative employees of the City, which can be taken in a single period or at different times. To help ensure that the Manager's vacation leave will be taken at such time or times as will least interfere with the performance of the City Manager's Duties, the Manager will inform the Mayor of leave. b. Holidays. The Manager may observe the same legal holidays as provided by the City for its administrative employees. e. Sick. The Manager shall be entitled to accrue and use sick leave as would any other administrative employee under the Beaumont Eny.?Ioyee Handbook (as may be revised). d. Compensatory Time. Manager is entitled to compensatory time for hours worked beyond 40 in a work period in accordance with the Beaumont Employee Handbook (as may be revised). Compensatory time shall be calculated at the fate of one -for -one (1:1) for each hour past 40 hours worked in a work period. Eligible activities for exempt employee to accrue compensatory time include the actual time in a Council meeting, City Board or Commission meeting, City Committee meeting, or other work -related activity. Ineligible activities include volunteer activities and non -required professional events (e.g., city recreational events, conferences, seminars, and civic events). e. Accrual. Employment Agreement City of Beaumont City Manager page 4 Kenneth R. Williams L Generally. The Manager shall be entitled to accrue and carry over compensatory time, vacation leave, and sick leave as would any other administrative employee under the Beaumont Emj loyee Handbook (as may be revised), except as provided for herein. For purposes of accrual and payout upon separation the maximum amount of accrued vacation leave and compensatory time for the Manager is five hundred (500) hours. Accumulated leave beyond this threshold shall expire and be considered forfeited if not taken. sick leave shall accrue and carry over in accordance with the Beaumont Employee Handbook., 2. Upon Commencement. Upon the Commencement Date, the Manager shall be deemed to have accrued 80 hours to be used as compensatory time, vacation leave, or sick leave, which are acknowledged as having been accrued prior to the Effective Date of this Agreement. 3.4 BENEFITS - GENERAL. Unless expressly provided otherwise in this Agreement, in addition to those benefits specifically set forth herein, the Manager shall be entitled to the same benefits that are enjoyed by any other administrative employees of the City pursuant to all Applicable Laws and Authorities, including but not limited to the Beaumont Employee Handbook (as may be revised). 3.5 INSURANCE. The City agrees to pay provide for health, hospitalization, vision, dental, comprehensive medical, and disability insurance for the Manager per employee policy and provide health, hospitalization, vision, dental, comprehensive medical, and disability insurance of Manager's spouse pursuant to the group health care plan provided by the City for its administrative employees. 3.6 RETIREMENT BENEFITS. The City agrees to maintain the Manager's enrollment in the Texas Municipal Retirement System (TMRS), the applicable state retirement system, and to make the same level of contributions for the Manager or on the Manager's behalf as the City does for its other administrative employees consistent with all Applicable Laws and Authorities. 3.7 SUPPLEMENTAL RETIREMENT PLAN. For each calendar year beginning on the effective date of this contract and for each year thereafter during the term of this Contract, the City shall add to the Salary of the Manager the amount of twenty-six thousand dollars dollars ($26,000.00) per calender year ("Additional Salary"). In the event the Manager executes a salary deferral agreement in accordance with the requirements of Section 457(b) of the Internal Revenue Code (the "Code") in at feast the amount of the Additional Salary, the Additional Salary shall be paid as a salary deferral contribution ("Salary Deferral Contribution"). Under and pursuant to applicable Internal Revenue Service rules the Superintendent shall have the option to elect to receive the Additional Salary in cash rather than as a Salary Deferral Contribution. All such Salary Deferral Contributions contemplated herein shall be paid to a plan established by the City under Section 457(b) of the Code. Such plans shall include investments as allowed under Section 457(b) of the Code and the investments for the Manager's accounts shall be solely at their discretion. The Manager shall at all times be 100% vested in their account under the 457(b) plan. The Salary Deferral Employment Agreement City of Beaumont City Manager page 5 Kenneth R. Williams Contributions contemplated herein shall be treated as salary deferrals under the Code and shall be reported as "creditable compensation" by the City for purposes of the Texas Municipal Retirement System (TMRS). No payments under this Section shall be made after the Manager's employment terminates. 3.8 EXPENSES. The City shall pay or reimburse the Manager for reasonable expenses incurred by the Manager in the continuing performance of the Manager's duties under this Agreement in the same manner as other administrative employees, The City agrees to pay the actual and incidental costs incurred by the Manager for out-of-town travel, Such actual or incidental costs may include, but are not limited to, gasoline, hotels and accommodations, meals, rental car, and other expenses incurred in the performance of the business of the City. The Manager shall comply with all procedures and documentation requirements in accordance with Applicable Laws and Authorities. 3.9 VEHICLE ALLOWANCE. Manager shall be paid a yearly automobile allowance (prorated monthly) in the amount of ten thousand dollars ($10,000.00) per year for vehicle -related travel expenses within a 50-mile radius from Beaumont City Hall. Manager shall be responsible for paying for basic coverage for their vehicle, which shall consist of at least $30,000 of coverage for injuries per person, up to a total of $60,000 per accident, and $25,000 of coverage for property damage (30/60/25 coverage). Manager will also be entitled to reimbursed vehicle -related travel expenses on a mileage basis if the Manager is required to drive their vehicle on City business, outside a fifty -mile radius from Beaumont City Hall. The mileage expense shall be calculated using the then current rate for a deduction for income tax purposes by the Internal Revenue Service. 3.10 BONDS, The City shall bear the full cost of any fidelity or other bonds required of the Manager under any law or ordinance. 3.11 CIVIC ACTIVITIES. The Manager is encouraged to participate in conrtnunity and civic organizations and activities. The reasonable cost of such activities shall be borne by the City. 3.12 RELOCATION EXPENSES. City shall reimburse the Manager reasonable out-of-pocket expenses related to relocating to Beaumont, including temporary housing, moving, storage, and other expenses up to a maximum total of ten thousand dollars ($10,000.00). The reimbursement(s) shall be paid within thirty (30) days of Manager submitting receipts for actual expenses to the City. IV. PROFESSIONAL GROWTH 4.1 PROFESSIONAL DUES & SUBSCRIPTIONS. The City agrees to budget for and to pay for professional dues and subscriptions of the Manager necessary for the continuation and dill participation in national, state, regional, and local associations and organizations as necessary and/or desirable for the good of the City through the Manager's continued professional development, growth, and advancement. 4.2 PROFESSIONAL DEVELOPMENT TRAVEL. The City agrees to budget for and to Employment Agreement City of Beaumont City Manager page 6 Kenneth R. Williams pay for travel and subsistence expenses of the Manager for board membership, professional and official travel and meetings to adequately continue the professional development of the Manager and to pursue necessary official fiinctions for the City, which may include but are not limited to the International City/County Management Association (ICMA) Annual Conference, the Texas Municipal League (TML), the Texas City Management Association (TCMA), National Forum of Black Public Administrators (NFBPA) and such other national, regional, state and local governmental groups and committees in which the Manager is a member. 4.3 PROFESSIONAL CONTINUING EDUCATION. The City also agrees to budget for and to pay for travel and subsistence expenses of Manager for short courses, institutes, and seminars that ate necessary and/or desirable for the good of the City through the Manager's professional development. 4.4 TECHNOLOGY. The Manager shall be provided (at City expense, for City purposes) the use of an appropriate desktop computer, laptop computer, cell phone (smartphone), or other necessary technology. Employee shall comply with the City's technology policy regarding personal use of city equipment. At the request of the Manager, in lieu of providing the Manager with a city -owned cell phone, the City will reimburse the Manager for the cost of Manager's cell phone and mobile service on a monthly basis not to exceed $125 dollars per month for cell phone service. V. PERFORMANCE EVALUATION 5.1. EVALUATION PROCESS. The Council shall review the Manager's job performance at least once an-tually. The annual performance reviews and evaluations shall be in writing and in accordance with the criteria and format developed by the Council. Performance reviews shall address expectations and objectives established by the Council in consultation with the Manager. The Council shall provide the Manager a reasonable and adequate opportunity to discuss the criteria and format with the Council and/or respond to the Manager's evaluation. 5.2. MODIFICATION OF PROCESS. If the Council determines that the evaluation instrument, format and/or procedure are to be modified by the Council, and such modifications would require new or different performance expectations, then the Manager shall be provided a reasonable period of time to demonstrate such expected performance before being evaluated, 5.3. REASSIGNMENT. The Manager cannot be reassigned from the position of City Manager to another position without the Manager's prior express written consent. 5.4. CRITICISMS, COMPLAINTS & SUGGESTIONS. The Council, individually and collectively, shall refer in a timely inanler all substantive criticisms, complaints, and suggestions called to the Council's attention to the Manager for study and/or appropriate action, and the Manager shall refer the matter(s) to the appropriate City employee or shall investigate such matter(s) and promptly inform the Council of the results of such efforts. Employment Agreement City of Beaumont City Manager page 7 Kenneth R. Williams VI. TERMINATION 6.1 TERMINATION EVENTS. This Agreement shall terminate upon any of the following: a. Mutual agreement of the Council and Manager in writing and signed by both parties; b. Termination of Manager's Employment for Good Cause (as defined in Section 6.2, below); e. Unilateral Severance (as defined and set forth in Section 6.2 below); d. Retirement or death of the Manager; e. Manager's written voluntary resignation; or L Expiration of the term of this Agreement (upon one or both parties stating in writing their intention that it not be renewed, in accordance with Section 1.2). 6.2 DEFINITIONS. a. Good Cause. For purposes of this Agreement, the term. "good cause" is defined as follows: 1. Class 1 Causes: The terms and conditions of this section shall justify good cause if the Council has provided the Manager with written notification, a reasonable opportunity to remediate, and commitment to pay the value of all Current Obligations, Severence Amount, and Severence Benefits, (a) Failure to fulfill the City Manager's Duties as required in this Agreement, City Charter, or City Code of Ordinances; (b) Incompetence or inefficiency in the performance of the City Manager's Duties as documented by evaluations, supplemental memoranda, or other written communication from the Council; with Council being the entire board and not as individuals; (c) Failure to comply with Applicable Laws and Authorities; (d) Neglect of duties; (e) Knowingly falsifying records or documents related to the City's activities; and/or (f) Knowingly misrepresenting material facts to the Council or other City officials in the conduct of the City's business. (g) Disability, not otherwise protected by law, that impairs performance of the required duties of the Manager; (h) Engaging in a romantic or sexual relationship with a subordinate; (i) Violation of the ICMA / TCMA Code of Ethics; and/or 0) Any other reason constituting "good cause" under established Texas law. Employment Agreement City of Beaumont City Manager page 8 Kenneth R. Williams 2. Class 2 Causes: These terms and conditions shall justify good cause tivith written notification, but without the Council providing the Manager an opportunity to remediate, or payment of the Severance Amount or Severance Benefits, (a) Conviction of a felony or crime involving moral turpitude; (b) hndictment or conviction for having assaulted an employee or citizen of the City; b. Current Obligations. Current Obligations means all accrued salary and benefits (compensatory time, vacation leave) ,tinder this Agreement payable or otherwise owing by City to Manager through and including the Termination Effective Date or Several -tee Effective Date. c. Severance Amount, Severance Amount means the total amount of: 1. an amount equal to the value of the Manager's then -current yearly base salary, and 2. the value of any Current Obligations, computed on an hourly basis determined by dividing the Manager's then -current am-tual salary by 2080 hours. d. Severance Benefits means continued health insurance benefits at the City's expense, pursuant to Section 3.5 of the Agreement, for the Severance Period unless, if sooner, the Manager obtains other full-time employment and coverage through a group health insurance plan fiom the Manager's new employer. e. Severance Period: The initial Severance Period is twelve (12) months, After (2) years of the anniversary of this Agreement, the severance compensation shall reduce to (6) six months of base salary for the life of employment. Nothing in this provision shall constitute a term of employment. 6.3 TERMINATION FOR GOOD CAUSE. a. Alternative Discipline. When contemplating Termination for Good Cause, the Council may first consider counseling, verbal reprimands, mandatory corrective training, and administrative leave with pay. These forms of progressive discipline are available as options for the Council, but are not mandatory. b. For Good Cause- Class 1. As one of the termination events specified above in Section 6.1, the Council may end the employment relationship and terminate this Agreement, at the pleasure of the Council, for good cause, upon written notice to the Manager as specified below. c. Notice for Class 1. If the Council determines that it desires Termination for Cause, it shall promptly provide written notice to the Manager of the effective date of such termination, which specifies: 1. a inajority of the entire Council has voted to pursue a Termination for Cause, Employment Agreement City of Beaumont City Manager page 9 Kenneth R. Williams 2. the effective date of the Termination for Cause ("Termination Effective Date"); and 3. the City's commitment to pay the value of all Current Obligations, Severence Amount, and Severence Benefits. d. For Good Cause- Class 2. As one of the termination events specified above in Section 6.1, the Council may end the employment relationship and terminate this Agreement, at the pleasure of the Council, for good cause, upon written notice to the Manager as specified below. e. Notice for Class 2. If the Council determines that it desires Termination for Cause, it shall promptly provide written notice to the Manager of the effective date of such termination, which specifies; 1, a inc oriry of the entire Council has voted to pursue a Termination for Cause, 2, the effective date of the Termination for Cause ("Termination Effective Date"); and 3. the City's commitment to pay the value of all Current Obligations. 6.4 UNILATERAL SEVERANCE. a. Without Cause. As one of the termination events specified above in Section 6J, the Council may end the employment relationship and terinninate this Agreement, at the pleasure of the Council, without good cause, upon written notice to the Manager as specified below, and payment to the Manager of the Severance Amount (as defined above), the Severance Benefits (as defined above) and the Current Obligations (the "Unilateral Severance"). b. Notice. If the Council determines that it desires a Unilateral Severance it shall provide written notice to the Manager at least thirty (30) days in advance of the effective date of such termination, which specifies; 1, a majority of the entire Council has voted to pursue a Unilateral Severance, 2, the effective date of the Unilateral Severance ("Severance Effective Date"), and 3, the City's commitment to pay the Severance Amount (including a specific line item breakdown of the items that constitute the total Severance Amount), the Severance Benefits and the Current Obligations. c. Waiver & Release. Conditioned upon the City fulfilling its obligations to pay the Severance Amount, the Severance Benefits and the Current Obligations, upon a Unilateral Severance, the Manager waives and releases the Manager's rights to continued employment with the City. Payment of the Severance Annount and Severance Benefits by the City to the Manager shall be the Manager's sole remedy for termination. Manager agrees to accept the Severance Amount in frill settlement of all claims, causes of action, damages, and rights that the Manager has or may have against the City, whether sounding in contract, tort, or statutory violation. At the point the City fiilfills its obligations set out above in this section, this language shall then constitute a mutual release and waiver. In the event of a Unilateral Severance, the parties agree not to make disparaging comments Employment Agreement City of Beaumont City Manager page 10 Kenneth R. Williams or statements about each other. d. Removal after Six Months. In accordance with Article V, Section 2 of the Charter, notification from Council to Manager of an intention to remove Manager after Manager has served for six (6) months, Manager may demand notification of written charges and the right to be heard a public meeting of the Council prior to the date on which Manager's final removal is scheduled to tape effect. Pending such hearing, the Council may suspend Manager from office. 6.5 RESIGNATION. Manager may end the employment relationship and terminate this Agreement, at the pleasure of the Manager, whether with or without good cause, upon thirty (30) days' written notice to the Council. The Council may waive the notice required by this section. This form of separation does not entitle the Manager to Severance Pay or Severance Benefits. Upon the Manager's resignation, the City will pay the value of all Current Obligations any accrued but unused vacation leave and compensatory time, computed on an hourly basis determined by dividing the Manager's then current annual salary by 2080 hours, within sixty (60) days of the Resignation Effective Date. There shall be no limitations on the City making all deductions and withholdings required by law. This provision does not address a resignation made as part of a mutually agreed written separation agreement, which may involve compensatory elements. 6.6 OTHER SEPARATION. If this Agreement terminates due to Retirement or Death of the Manager, or expiration of the term of this Agreement due to the Manager having provided notice to the Council of an intent not to renew this Agreement pursuant to Section 1.2, the City will pay the value of all Current Obligations within sixty (60) days of the Retirement Effective Date or having received written notification of the Manager having passed away. There shall be no limitations on the City making all deductions and withholdings required by law. This form of separation does not entitle the Manager to Severance Pay or Severance Benefits. VII. GENERAL PROVISIONS 7.1 COMPLETE AGREEMENT. This Agreement sets forth and establishes the entire understanding between the City and the Manager relating to the employment of the Manager by the City. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written signed agreement may amend any provision of this Agreement during the term of this Agreement; such amendments shall be incorporated and made a part of this Agreement. 7.2 BINDING EFFECT. This Agreement shall be binding on the City and the Manager as well as their heirs, assigns, executors, personal representatives and successors in interest, 7.3 SAVINGS CLAUSE. If any term or provision of this Agreement, as applied to any party or to any circumstance, is declared by a court of competent jurisdiction hereof to be illegal, unenforceable or void in any situation and in any jurisdiction, such determination shall not Employment Agreement City of Beaumont City Manager page E l Kenneth R. Williams affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending provision in any other situation or in any other jurisdiction. The parties agree that the court or arbitrator making such determination shall have the power to reduce the scope, duration, area or applicability of the term or provision, to delete specific words or pleases or to replace any illegal, unenforceable or void term or provision with a term of provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term of provision. 7.4 CONFLICTS. The Parties agree that this Agreement has been mutually prepared. In the event of any conflict between the terms, conditions and provisions of this Agreement and the Applicable Laws and Authorities, then, unless otherwise prohibited by law, the terms of this Agreement shall take precedence over the contrary provisions of the Applicable Laws and Authorities during the term of this Agreement, 7.5 CONTROLLING LAW. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas, and shall be performable in Jefferson County, Texas, unless otherwise provided by law. 7.6 NOTICE. Notice given pursuant to this Agreement shall be given by depositing in the custody of the U.S. Postal Service, postage prepaid, addressed as follows; a. City of Beaumont, P.O. Box 3827, Beaumont, TX, 77704. b. Kenneth Williams, 1287 Heep Run, Buda, TX, 78610. Notice shall be deemed to have been given as of the date of postmark in the course of transmission in the U.S. Postal Service. 7.7 ASSIGNMENT. Neither party may assign its rights, duties, or obligations under this Agreement to any person or entity, in whole or in part, and any attempt to do so shall be void and deemed a material breach of this Agreement. 7.8 HEADINGS & CAPTIONS. Headings and captions used in this Agreement are provided for convenience only and shall not be used to construe or interpret meaning of intent. 7.9 WAIVER OF RIGHTS OR REMEDIES. No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No delay in exercising, no course in dealing with respect to, or no partial exercise of any right or remedy hereunder shall constitute a waiver of any other right or remedy, or future exercise thereof. 7.10 NONWAIVER OF IMMUNITY. Nothing contained in this Agreement shall be construed as a waiver of governmental, official, sovereign, qualified or other immunities or defense held by the City or the Manager. Nothing herein shall be construed as creating a right or interest in any third party. Employment Agreement City of Beaumont City Manager page 12 Kenneth R. Williams 7.11 EFFECTIVE DATE. This Agreement shall become effective on the date it is finally signed by the Parties, with the official start date of Manager' employment being as stated in Section 1.1, The duly authorized parties having mutually agreed to the terms stated herein, this Agreement was executed as evidenced by the affixing of signatures below. by: CITY OF BEAUMONT , TEXAS: Robin Mouton, Mayor Executed this, the ATTEST: by: day of August 2022. Tina Broussard, TRMC, City Clerk MANAGER: by: Kenneth Williams Executed this, the day of August 2022. by: ATTEST: Notay y Public Employment Agreement City of Beaumont City Manager page 13 Kenneth R. Williams 2 August 9, 2022 Consider• a request to extend the deadline to commence construction for a school expansion located at 7720 Park North Drive TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Chris Boone, Interim City Manager MEETING DATE: August 9, 2022 REQUESTED ACTION: Council consider a request to extend the deadline to commence construction for a school expansion located at 7720 Park North Drive. BACKGROUND Hughen/Bob Hope School is requesting an extension for the amended Specific Use Perrnit issued in July of 2018 to allow the expansion of a school on the south side of Park North Drive. The City of Beaumont Zoning Ordinance states "Unless construction .. (is) cornrneneed and substantially underivay ivithin a hvo-year period, the specific use perrnit,shall become null and void. Extensions of time for good case may be approved by the city council. " In July of 2018, City Council approved ordinance number 18 -042 to allow an amended Specific Use Permit for the expansion of a school in a RM-H (Residential Multiple Fan -lily Dwelling -Highest Density) District with the following conditions: 1. Meet all Drainage District #6 drainage requireirients. 2. Sidewalk must be provided along Park North Drive. 3. Landscaping must be provided to meet ordinance requirements for parking areas and buffers. 4. Dumpster must be screened completely from street with fencing and landscaping, and located a minimum of 25' from. adjacent properties. 5. Ensure all portable buildings will be accessible via ADA guidelines from the parking lot drop off area. 6. Modular buildings must meet all City of Beaumont building code requirements. The applicant is requesting additional tinge due to funding and Covid-I9 pandemic delays. FUNDING SOURCE Not applicable. RECOMMENDATION The Administration recommends a new deadline of August 9, 2023, with the following conditions: 1. Meet all Drainage District #6 drainage requirements. 2. Sidewalk must be provided along Park North Drive, 3. Landscaping must be provided to meet ordinance requirements for parking areas and buffers. 4. Dumpster must be screened completely from street with fencing and landscaping, and located a minimum of 25' from adjacent properties. 5. Ensure all portable buildings will be accessible via ADA guidelines from the parking lot drop off area. 6. Modular buildings must sleet all City of Beaumont building code requirements. SPECIFIC USE PERMIT APPLICATION BEAUMONT, 'TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: Hughen Center/ Bob Hope School APPLICANT'S ADDRESS: 2849 9th Avenue, Port Arthur, TX 77642 APPLICANT'S PHONE IE: (409) 983- 6659 FAX 4,, NAME OF PROPERTY OWNER: Hughen Center, Inc. ADDRESS OF PROPERTY OWNER: 2849 9th Avenue, Port Arthur, TX 77642 LOCATION OF PROPERTY: 7720 Park North Drive, Beaumont, TX LEGAL DESCRIPTION OF PROPERTY: LOT NO. oR TRACTP L RS-4, Tract 216 B (4.865 AC.) tiO i BLOCK NO. PL RS-4, Tract 216 G (1.968 AC-) ADDITION NUMBER OF SURVEY W. B. Dyches NUMBER OF ACRES 19.8369 For properties not In a retarded subdivision, submit a copy of a current survey or plot showing the properties proposed for a specific use permit, and a complete legal field note description. _ PROPOSED USE: New School (L'i-oat'4510W ZONE: RM-H ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawly to scale with the information listed on (lie top back side of this sheet. ATTACH A REDUCED 8'/x" X l 1" PHOTOCOPY OF THE SITE PLAN, THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDIRESS EACH CONDITION IN DETAIL. ATTACH TIME APPROPRIATE APPLICATION FEE. - LESS THAN''/: ACRE.- ........................... ................................... $250,00 'h ACRE OR MORE AND LESS THAN 5 ACRES ... ................ $450.00 5 ACRES OR MORE ............. ...................................................... $650.00 1, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adlrered to as amended and ppproved by City Council. SIGNATURE OF APPLICANT: WU SIGNATURE OF PROPERTY OWNER: PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: b03- P CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 TE: 6-12-2018 T.,- 6-12-2018 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE NfET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. a µ HUGHEN CST. {936 Eltt 1-€OPE LENDS A HELPING HAND Icl (49) 983-6 fa:c (409) 983-640 2649 9th Avenue Port Arlhur,TX 77612 Mvidrughencenter.nrg June 12, 2018 The Honorable Members of the City of Beaumont Planning Committee and City Council 801 Main Street, Room 201 Beaumont, Texas 77701 Subject: Amendment to Specific Use Permit Dear Ladies and Gentlemen: Bob Hope School has enjoyed tremendous success in our existing location and is planning to expand our operation to take advantage of the growth and need in the City of Beaumont. Our plan is to develop a state of the art educational facility in the north end of Beaumont, Texas. The proposed site is located at 7720 Park North Drive on approximately 19.8344 acres which is currently zoned RM-H. To meet the urgent need for the first year, our plans are to start with 10- 12 modular building units to house approximately 360 students and staff. The grade levels will range from Pre-K to 9th grades. The modular buildings will meet all local and national codes and C4 Ordinances. After initial operation, the school plans to build a permanent facility for grade levels Pre-K through 12th grades. A 12.97 acre tract has been granted a SUP in August, 2017. We respectfully request that two adjoining tracts, totaling 6,833 acres be granted a Specific Use Permit. We respectfully ask that you grant the specific use permit so we may continue this endeavor and be a part of your fine city. Sincerely, Michael J. Casey i Board President 'Ihe Hugkrcu Center, Inc. is deAgaamt a SOk (c) (3) non profit and donations are tns dedui tilde. Hughen / Bob Hope School 2849 9"` Avenue Port Arthur, TX 77642 Location of Property: Park North Drive -:- Beaumont, Texas June 12, 2018 SECTION 28.04.001, ZONING ORDINANCE REQUIRES THAT THESE EIGHT CONDITIONS MUST BE MET BEFORE A SPECIFIC USE PERMIT CAN BE ISSUED; That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; • The new neighborhood school will enhance the safety and the security of the area and any good school will Increase the property value. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; • The new school will occupy most of the remaining available space in the area and will be harmonious to the adjacent residential and apartments. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; • All new water, sewer, and electrical will be provided for the new facility. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development; • Parking will be designed with appropriate buffers and driveways will be such that they will not create blind spots for other traffic. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; • There will be no dust, fumes or odor that will be caused by the new school buildings. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; School will not be operation at night. Lighting will be designed such not to affect the nearby neighbors. 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and • Design will be such to preserve as much as existing trees and will provide additional landscaping per requirements of the City of Beaumont. 8. That the proposed use is in accordance with the Comprehensive Plan. • The new school will be compatible with and enhance the comprehensive plan. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION OF A SCHOOL EXPANSION IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT LOCATED AT 7720 PARK NORTH DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on September 19, 2017, the City Council of the City of Beaumont, Texas approved Ordinance No. 17-057 issuing a specific use permit to Hughen/Bob Hope School to allow a new elementary/secondary school in an RM-H (Residential Multiple Family Dwelling -Highest Density) District on the south side of Park North Drive; and, WHEREAS, on July 24, 2018, the City Council of the City of Beaumont, Texas approved Ordinance No. 18-042 issuing an amended specific use permit to Hughen/Bob Hope School to allow an expansion of a school in an RM-H (Residential Multiple Family Dwelling -Highest Density) District at 7720 Park North Drive; and, WHEREAS, the school expansion was not constructed due to funding and delays caused by the Covid-19 pandemic; and, WHEREAS, HughenBob Hope School wishes to amend the amended specific use permit to allow for the construction of a school expansion in an RM-H (Residential Multiple Family Dwelling -Highest Density) District at 7720 Park North Drive, being Plat RS-4, Tracts 216 B, 216 G & 216 M, W.B. Dyches Survey, Abstract 17, Beaumont, Jefferson County, Texas, containing 19.8369 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Administration of the City of Beaumont considered the request and is recommending approval to amend the amended specific use permit by extending the deadline to August 9, 2023 to allow the construction of a school expansion in an RM- H (Residential Multiple Family Dwelling -Highest Density) District located at 7720 Park North Drive, subject to the following conditions: and, • Meet all Drainage District #6 drainage requirements; • Sidewalk must be provided along Park North Drive; • Landscaping must be provided to meet ordinance requirements for parking areas and buffers; • Dumpster must be screened completely from street with fencing and landscaping, and located a minimum of 25' from adjacent properties; • Ensure all portable buildings will be accessible via ADA guidelines from the parking lot drop off area; • Modular buildings must meet all City of Beaumont building code requirements; WHEREAS, the City Council is of the opinion that the amendment of such amended specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That Ordinance 18-042 be amended by amending the amended specific use permit granted to Hughen/Bob Hope School, its legal representatives, successors, and assigns for that certain tract being Plat RS-4, Tracts 216 B, 216 G, & 216 M, W.B. Dyches Survey, Abstract 17, Beaumont, Jefferson County, Texas, containing 19.8369 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, by extending the deadline to August 9, 2023 to allow the construction of a school expansion in an RM-H (Residential Multiple Family Dwelling -Highest Density) District located at 7720 Park North Drive, subject to the following conditions; • Meet all Drainage District #6 drainage requirements; • Sidewalk must be provided along Park North Drive; • Landscaping must be provided to meet ordinance requirements for parking areas and buffers; • Dumpster must be screened completely from street with fencing and landscaping, and located a minimum of 25' from adjacent properties; • Ensure all portable buildings will be accessible via ADA guidelines from the parking lot drop off area; • Modular buildings must meet all City of Beaumont building code requirements. Section 2, Notwithstanding the site plan attached hereto as Exhibit "B," the use of the property herein above described shall be in all other respects, subject to all of the applicable regulations contained in Ordinance 20-007 and the regulations contained in Chapter 30 of the Code of Ordinances of the City of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. 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 9th day of August, 2022. - Mayor Robin Mouton - e 2353-P: Request for Rlk Amended Specific Use Permit to expand a school. plicant: Hughen Center/Bob Hope School cation: 7720 Park North Drive 0 100 200 300 400 I__ __ I I I I Feet EXHIBIT "A" EXHIBIT "B" 3 August 9, 2022 Consider a resolution receiving the proposed FY 2023 Budget and scheduling a public hearing TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 9, 2022 REQUESTED ACTION: Council consider a resolution receiving the proposed FY 2023 Budget and scheduling a public hearing. BACKGROUND Article VI, Section 2 of the City Charter requires that the proposed budget be submitted to the Council at least 45 days prior to the beginning of the new fiscal year. In addition, Section d requires Council to schedule a public hearing on the proposed budget. FUNDING SOURCE Not applicable, RECOMMENDATION The Administration recommends that a public hearing be held on August 23, 2022, at 1:30 p.m. in Council Chambers, located at 801 Main Street, The City Clerk will publish the notice of the public hearing. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the proposed FY 2023 Budget has been received and a public hearing is hereby scheduled for August 23, 2022 at 1:30 PM in the City Council Chambers, City Hall, 801 Main Street, Beaumont, Texas; and, BE IT FURTHER RESOLVED THAT the City Clerk is to publish notice of said hearing pursuant to the Charter of the City of Beaumont. 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 9th day of August, 2022. - Mayor Robin Mouton - 11 August 9, 2022 Consider a resolution receiving the proposed 2023 Capital Program and scheduling a public hearing TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 9, 2022 REQUESTED ACTION: Council consider a resolution receiving the proposed 2023 Capital Program and scheduling a public hearing. BACKGROUND The proposed 2023 Capital Program was originally submitted to Council on May 10, 2022. Article V1, Section 20 of the City Charter requires Council to schedule a public hearing on the proposed Capital Program. FUNDING SOURCE Not applicable. RECOMMENDATION The Administration recommends that a public hearing be held on August 23, 2022, at 1:30 p.m. in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the public hearing. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the proposed FY 2023 Capital Program has been received and a public hearing is hereby scheduled for August 23, 2022 at 1:30 PM in the City Council Chambers, City Hall, 801 Main Street, Beaumont, Texas; and, BE IT FURTHER RESOLVED THAT the City Clerk is to publish notice of said public hearing pursuant to the Charter of the City of Beaumont, 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 9th Clay of August, 2022. - Mayor Robin Mouton - 5 August 9, 2022 Consider an ordinance amending the boundaries of the wards of the City of Beaumont for election purposes TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: August 9, 2022 REQUESTED ACTION: Council consider an ordinance amending the boundaries of the wards of the City of Beaumont for election purposes. BACKGROUND As a result of the 2020 decennial census, it has been determined that a decrease in population hi the City of Beaumont has caused the existing ward boundaries of the City of Beaumont to be substantially unequal in population. Article I, Section 6 of the Charter of the City of Beaumont gives to the City Council the responsibility of changing ward boundaries from tinge -to -time as the Council may deem expedient so that each ward shall contain, as nearly as possible, the same number of electors. The proposed ordinance adjusts the ward boundaries to comply with the Charter of City of Beaumont. The next City election is May 6, 2023. FUNDING SOURCE None. RECOMMENDATION Approval of resolution. ORDINANCE NO. AN ORDINANCE ADOPTING A NEW REAPPORTIONMENT PLAN THEREBY REVISING CITY COUNCIL MEMBER WARD BOUNDARIES IN RESPONSE TO THE 2020 CENSUS; PROVIDING FOR FINDINGS OF FACT; PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR INJUNCTIONS. WHEREAS, the 2020 decennial census disclosed that existing council member wards in the City of Beaumont, Texas, are substantially unequal in population; and WHEREAS, the City Council of the City of Beaumont has undertaken to redraw the four council member wards for the convenience of the people and to equalize population and assure compliance with the applicable requirements of state and federal law; and, WHEREAS, on June 28, 2022 and July 26, 2022, the City Council reviewed two proposed maps, Draft Map A and Draft Map B, respectively; and, WHEREAS, through a series of public meetings of the City Council, the City Council has received and considered oral testimony and written evidence regarding the need for new council member wards and an appropriate configuration of these wards; and, WHEREAS, the City Council finds the attached map of the new council member wards reflects the division of the City of Beaumont into four wards that satisfy all legal requirements including the United States and Texas Constitution and Statutes and the Federal Voting Rights Act and the City Charter; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. Findings of Fact. That all of the above premises are hereby found to be true and correct legislative and factual findings of the City of Beaumont City Council and are hereby approved and incorporated into the body of this ordinance as if copied in their entirety. Section 2. Adoption of Plan. That the boundaries of the four single -member council wards are hereby modified, amended, and redrawn for the purposes of apportioning the population of the City between the council member wards and, as modified, amended, and redrawn the boundaries of the four council member wards shall be in accordance with Draft Map , a map of which is attached hereto as .1 • s Section 3. Election Precincts. That the City Attorney is hereby instructed to send a copy of this ordinance and the new council member ward maps and legal descriptions to the proper officials of Jefferson County so the County can make the necessary changes in the County`s election precincts, as required by the Texas Election Code, and effective for the November 2022 City Council Election. Section 4, Effective Date. This Ordinance shall take effect after its passage on second reading and approval by the Mayor. This ordinance is to be in effect for application to the November 2022 General Election for the City Council. Section 5. Proper Notice and Meeting. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code. Section 6. Cumulative Ordinance. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Beaumont, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. Section 7, Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance. Section 8. Governmental Immunity. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety, and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Beaumont in the discharge of his/her duties, shall not thereby render himself/herself personally liable, and he/she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his/her said duties. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of August, 2022. - Mayor Robin Mouton ATTEST: Tina Broussard, City Clerk APPROVED AS TO. FORM: Sharae Reed, City Attorney Introduction and First Reading: Second Reading and Adoption: MAP A 90ti0®a4 w _ • / jl ; - �._ -1 aid' i' ,��' 1 ,: '``� _ J ¢>. / �� . :� ' ---- ... 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( 2_ l w:i � � �"x'1` a r �'`V�., � 3i�..F 1, �({ l�i E;{ �►��.��� J1 �. �����.• -`�! ti\� 6`, .Ij"'•�,�rK '{Sli4'`��. ice' } "+� 4t4h 111 `� `•+ ;✓� �a�?y\,"�1I1i�s.i\ 1111$ j'�w.'•f, T \.... rt I' r` tit �•'- `��{�1F�t ��,�� � ,j a $� 5 h6 4 L�'•��� � .j .+ �.� .5�4� 'tk, '.j � � S �r Il �� , :l.ff � ..F off tll ��15 � is `� � -`i "�.�• e �. � ; f _ ,�� .r EXHIBIT "A" MAP B PUBLIC HEARING * Receive comments related to amending the Tax Abatement Agreement with Suez water Technologies & Solutions, Inc. T August 9, 2022 Consider authorizing the Interim City Manager to amend the Tax Abatement Agreement with Suez Water Technologies & Solutions, Inc. TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Chris Boone, Interim City Manager MEETING DATE: August 9, 2022 REQUESTED ACTION: Council conduct a Public Hearing to receive continents and consider a resolution authorizing the Interim City Manager to amend the Tax Abatement Agreement with Suez Water Technologies & Solutions, Inc. BACKGROUND The City was recently approached by Suez Water Technologies & Solutions, Inc. requesting an amendement to the existing Tax Abatement Agreement originally entered into on December 22, 2020 with authorization by Council, This request is due to supply chain issues which have prevented completion of the project, necessitating a delay in the start date for said abatement. The request is to adjust the start date of the tax abateinent to begin January 1, 2023 and terminate December 31, 2027 whereas the original agreement was to begin January 1, 2022 and end December 31, 2026. In order to move forward with investements of $40 million in upgrades to their existing plant located on College Street, just west of the Municipal Airport, they must secure these tax abatements. In October 2020, the City created the Suez WTS USA, Inc. -Project Clear Reinvestment Zone, allowing for tax abatements in accordance with Chapter 312 of the Texas Tax Code. Attached is the amended Tax Abatement Agreement from Suez Water Technologies & Solutions, Inc., outlining thew proposal. The project would result in approxiinately seventy-five (75) construction jobs and the retention of sixty (60) existing full-time jobs. The proposed abatement agreement would result in an abatement of City taxes on the new improvements in the amount of 100% during project completion, 100% for the first year, 90% for the second year, 80% for the third year and 70% for the final year. The proposed abatement meets the criteria and conditions setfortli in the City's Reinvestment Zone Tax Abatement Policy, adopted in September 2020. All area taxing entities have been notified of the proposed agreement. FUNDING SOURCE Not applicable. RECOMMENDATION Council conduct the Public Hearing and approve the resolution. MICHELJ(�:" '11/1 Via Email: Beaumont City Council 801 Main St Beaumont, TX 77701 THE PROPERTY TAX PROFESSIONALS March 30, 2022 MICHEL GRAY L.L.P Re: Amendment to Tax Abatement Agreement Between The City of Beaumont and Suez WTS USA, Inc. City Council, I am writing to you on behalf of my client Suez WTS USA, Inc. to formally request your consideration and approval of an amendment to a 2020 tax abatement agreement between the City of Beaumont and my client, The only change to the agreement is the start date and end date. The change is because of supply chain issues from COVID-19. We appreciate your attention and request your consideration of this amendment on your agenda set for May 17, 2022. Sincerely, Raymond Gray Attorney for Suez MAILING ADDRESS: 2028 E, Ben White Blvd f#240-4770, Austin, TX 78741 Phone: (512) 477-0200 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Interim City Manager be and he is hereby authorized to execute an Amendment to the Tax Abatement Agreement between the City of Beaumont, Texas and Suez WTS USA, Inc. to adjust the starting date of the tax abatements to begin January 1, 2023 and continue to December 31, 2027 instead of January 1, 2022 to December 31, 2026 due to supply chain issues which have prevented completion of the project, necessitating a delay in the start date for said abatement. The Amended Tax Abatement Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of August, 2022. - Mayor Robin Mouton - AMENDED TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF BEAUMONT AND SUEZ WTS USA, INC. FOR PROPERTY LOCATED IN THE SUEZ WTS USA, INC.-PROJECTCLEAR REINVESTMENT ZONE 1. The City of Beaumont (hereinafter referred to as the "City") and Suez WTS USA, Inc. (hereinafter referred to as "Suez"), (together, the "Parties") entered into a Tax Abatement Agreement ("Agreement") on December 28, 2020 (attached hereto as Exhibit "1") with respect to the abatement of certain ad valorem property taxes on a new plant facility (the "Project") to be constructed by Suez, in the Suez WTS USA, Inc. -Project Clear Reinvestment Zone which was originally designated by the City under Ordinance No. 20-059 dated October 20, 2020. 2. Suez WTS USA, Inc. is the owner of record in the Jefferson County real property records of the real property on which the Project is being constructed, and the owner of the improvements to the real property that constitute the Project. Suez has requested that the City ►nodify the Agree►Went to delay the beginning date of tax abatement percentages agreed to. 3. It was and continues to be the intent of the Parties that all of the rights, duties and obligations granted or imposed by the Agreement with respect to the tax abatement reside with and are the property of Suez. 4. The Parties acknowledge that circumstances beyond the control of Suez, specifically difficulties occasioned by COVID-19, have delayed the commencement of construction and Suez will suffer the loss of the intended benefits of the original abatement agreements and, for these reasons, the parties agree that the Agreement for this Project shall be amended with respect to those identified oil the following page. 5. The Pal -ties acknowledge and agree that the terms and conditions of the Agreement shall remain in full force and effect unless amended by this or future written agreements. Page 1 of 2 EXHIBIT "A" The term of the abatement granted in the abatement schedule on section IV, 4., of page 4 of the Agreement, and on Exhibit D of page 1.5 of the Agreement, shall be amended as follows; and the tax abatement shall be effective on the January Ist valuation date immediately following the date of execution of this Agreement. Year Abated Percentage of Value Abated 2021 0% 2022 0% 2023 1.00% 2024 1.00% 2025 90% 2026 80% 2027 70% Signed this day of. 2022. City of Beaumont (Signature) (Printed Name and Title) Suez WTS USA, inc. LTIMIM (Printed Name and Title) Page 2 of 2 ExhibiL 1 "TAX ABATEMENT AGREEMENT FOR PROPERTY LOCATED IN SUEZ WTS USA, INC,-PROJECT CLEAR REINVESTMENT ZONE" TAX ABATEMENT AGREEMENT FOR PROPERTY LOCATED IN SUEZ WTS USA, INC.-PROJECT CLEAR REINVESTMENT ZONE This Tax Abatement Agreement (hereinafter referred to as "the Agreement") Is made, entered, and executed between The City of Beaumont, Texas (hereinafter referred to as the "City"), and Suez WTS USA, Inc., (hereinafter referred to as "Suez"), the owner of taxable property in Beaumont, Jefferson County, Texas, located In the Suez WTS USA, Inc. -Project Cleat - Reinvestment Zone as described below ("Suez WTS USA, Inc. -Project Clear Reinvestment Zone"). I. AUTHORIZATION This Agreement Is authorized by the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312, V,T,C,A,, as amended, and by authorization of the City following the designation of the Suez WTS USA, Inc. - Project Clear Reinvestment Zone, 11. DEFINITIONS 1. As used in this Agreement, the following terms shall have the meanings set forth below, a, The "2020 Certified Appraised Value" means the January 1, 2020 value of the properly within the Reinvestment Zone, as certified by the Jefferson County Appraisal District as of that date, and described In Paragraph 3 and Exhibit B. b. "Improvements" means the buildings or portions thereof and other Improvements, Including fixed machinery, equipment and process units, used for commercial or industrial purposes that are constructed by Suez on the property after December 31, 2020. c. "Construction Phase" means a material and substantial Improvement of the property which represents a separate and distinct construction operation undertaken for the purpose of constructing the Improvements. The period of Construction Phase ends when commercial operation of the New Facility, commences as defined by the completed Installation of constructed Eligible Property that serves the purpose for which It Is designed. d. batement' means the full or partial exemption from ad valorem taxes of certain property In a Reinvestment Zone designated for economic development purposes. e, "Eligible property" means the buildings, structures, fixed machinery, equipment and process units, construction In progress and Improvements necessary to the operation and adminl8tration of the New Facility. ew Eli lble Pro ert " means Eligible Property, the construction of which commences subsequent to the date of execution of this Agreement. A list of the New Eligible Property Is set forth In the Application for Tax Abatement originally flied by Suez, within the City of Beaumont, Texas ("the Application"), which Is Incorporated herein by reference and made a part hereof. During the Construction Phase of the New Eligible Property, Suez may matte such change orders to the New Eligible Property as are reasonably necessary to accomplish Its intended use. g. "Inellgible Property" means land, Inventories, supplies, tools, furnishings, and other forms of movable personal property, including but not limited to, vehicles, vessels, aircraft, mousing, hotel accommodations, deferred maintenance Investments, Improvements for the generation or transmission of electrical energy not wholly consumed by a new facility or expansion, any Improvements Including those to produce, store, or distribute natural gas, fluids or gases, which are not necessary to the operation of the New Facility, and property that has an economic life of less than ten (10) years. h. "Affiliates" of any specified person or entity means any other person or entity which, directly or Indirectly, through one or more Intermediaries, controls, or Is controlled by, or is under direct or Indirect common 2 control with such specified person or entity. For purposes of this definition, "control" when used with respect to any person or entity means (1) the ownership, directly or indirectly, or fifty percent (60%) or more of the voting securities of such person or entity, or (€1) the right to direct the management or operations of such person or entity, directly or Indirectly, whether through ownership (directly or Indirectly) of securities, by contract or otherwise, and the terms "controlling" and "controlled" have meanings correlative to the foregoing, 2. The Tax Abatement Policy for granting tax abatements in a reinvestment zone created in Beaumont, Jefferson County, Texas, which was adopted via Resolution No. 20-181 by the City Council of the City of Beaumont September 8, 2020, Is incorporated herein by reference, together with any applicable amendments. All definitions set forth therein are applicable to this Agreement. III, SUBJECT PROPERTY 3. The Reinvestment Zone Is an area within Beaumont, Jefferson County, Texas, compr€sing approximately 30.10, more or less, The Suez WTS USA, Inc. - Project Clear Reinvestment Zone was designated by the City under Ordinance No. 20-069 dated October 20, 2020, a copy of which is � attached hereto as Exhibit C and is hereby incorporated. It Is understood and agreed that the Suez WTS USA, Inc. -Project Clear Reinvestment Zone boundary is subject to revision based upon the final construction plan for the New Facility and the City agrees to take the steps necessary to amend the Reinvestment Zone boundary upon request by Suez. The 2020 Certified Appraised Value Is: Land Only $389,787 1myroyemetits $18,283,004 Personal Property $8,647,720 (Includes Inventory) The 2020 Certified Appraised Value Is subject to change based upon final certification of the values by Jefferson County Appraisal District. Upon 3 certification, by consent of the parties, the 2020 Certified Appraised Value will be attached to Exhibit R. IV. VALUE AND TERIVI OF AGREEMENT 4. This tax abatement shall be effective on the January I st valuation date Immediately following the date of execution of this Agreement. In each year that this Agreement is In effect, the amount of abatement shall be an amount equal to tale percentage indicates! below. The appraised value, as defined in the Property Tax Code, of Now Eligible Properties shall be abated In accordance with the following scale which is atso found in Exhibit D, Year Abated Percentage of Value Abated 2021 0% 2022 100% 2023 100% 2024 90% 2025 80% 2026 10% V. TAXABILITY 5. During the period that this tax abatement is effective ("abatement period"): 1. The value of Ineligible Property shall be fully taxable; 2. The appraised value, as defined in the Property Tax Code, of New Eligible Property shall be abated as set forth above under the section entitled "VALUE AND TERM OF AGREEMENT:" VI. CONTEMPLATED IMPROVEMENTS 6. As set forth in the Application, which is Incorporated herein for all purposes, Suez represents that It will modernize the Beaumont facility, including modernizing process, capacity, rellablilty, infrastructure and safety updates. The approximate cost'of this Investment is $40,000,000. During the Construction Phase, Suez may make such change orders to the project as are reasonably necessary. All improvements shall be completed in accordance with the 4 Application and all applicable laws, ordinances, rules, or regulations, Suez agrees to make bidding Information available to qualified local contractors, vendors, manufacturers and labor and to conduct pre -bid meetings from time to time with potential local bidders and suppliers of services and materials for the project. Vll. EVENTS OF DEFAULT 7. During the abatement period covered by this Agreement, the City may declare a default hereunder by Suez if Suez (1) falls to commence construction of the New Facility within one (1) year from the date this Agreement is executed or (11) falls to construct the New Facility or (ill) falls to comply with any of the material terms of this Agreement, or (Iv) if any representation made by Suez In tills Agreement is false or misleading In any material respect, 8. If the City declares that Suez is in default of this Agreement, the City shall notify Suez In writing, If such default is not cured within sixty (60) days from the date of such notice ("Cure Period"), then this Agreement may be terminated. In the case of a default for causes beyond Suez's reasonable control which cannot with due diligence be cured within the Cure Period, the Cure Period shall be deemed extended If Suez (i) shall notify the City of Suez's Intention to Institute steps reasonably necessary to cure such default, (11) shall proceed to cure such default, and (ill) shall submit a proposed schedule for the completion of the New Facility, Including the estimated date for completion of the New Facility, a reasonable explanation concerning the reason for the delay, and a reasonable estimate of the overall percent of the New Facility that Is completed as of the date of such notice. 9. In the event Suez (1) allows Its ad valorem taxes on the New Facility to become delinquent or falls to timely and properly follow the legal procedures for the protest and appeal of the ad valorem taxes on the New Facility or (11) defaults under this Agreement and fails to cure, this Agreement may then be terminated. K In the event of terminatlon of this Agreement pursuant to the provisions of this paragraph, all taxes previously abated by virtue of this Agreement will be recaptured and paid within sixty (60) days of the termination, together with penalties and Interest as required by the Texas Property Tax Code. 10. in the event the New facility Is completed and begins commercial operations, but subsequently discontinues operations for any reason excepting fire, explosion, or other casualty, accident, or natural disaster or governmental mandate, for a period of one (1) year during the abatement period, then this Agreement shall terminate. In the event of termination pursuant to the provisions of this paragraph, the abatement of the taxes for the calendar year during which the New facility no longer operates shall terminate, but there shall be no recapture of prior years` taxes abated by this Agreement. The taxes otherwise abated shall be paid to the City prior to the delinquency date for such year. In no event shall Suez be required to pay such taxes within less than sixty (60) days of the termination. Vill, ADMINISTRATION 11, This Agreement shall be administered on behalf of the City by its City Manager, Upon completion of the New Facility, the City Manager shall annually evaluate the New Facility to ensure compliance with this Agreement. 12: The Chief Appralser of the Jeft~ersoll County Appraisal District shall annually determine (i) the taxable value pursuant to the terms of this abatement of the real and personal property comprising the Suez WTS USA, Inc. -Project Clear Reinvestment zone and (11) the full taxable value without abatement of the real and personal property comprising the Suez WTS USA, Inc. -Project Clear Reinvestment Zone. The Chief Appraiser shall record both the abatement taxable value and the full taxable value In the appraisal records. The full taxable value listed In the appraisal records shall be used to compute any recapture. Each year Suez shall furnish the Chief Appraiser with the information required by 6 Chapter 22, Tax Code, V.T.C.A. Such information shall also be provided to the City In preparation of Its annual evaluation for compliance with this Agreement. 13, If after notice of default and failure to cure, the City terminates this Agreement, it shall provide Suez written notice of such termination. In the event of termination, Suez may file suit In the Jefferson County District Court appealing termination within ninety (90) days after recelpt from the City of written notice of termination, if an appeal is filed, Suez shail remit to the City within sixty (60) days after recelpt of the notice of termination, any recaptured taxes as may be payable during the pendency of the litigation under Section 42.08, Tax Code, V.T.C.A. If the final determination of the appeal increases Suez tax liability, Suez shall pay the additional tax to the City pursuant to Section 42.42, Tax Code, V.T.C.A. If the final determination of the -appeal decreases Suez tax liability, the City shall refund to Suez the difference between the amount of tax paid and the amount of tax for which Suez Is liable together with Interest pursuant to Section 42.43, Tax Code, V.T.C.A, W. ASSIGNMENT 14, Suez may assign this Agreement to an Affiliate without the written consent of the City, provided that Suez shall provide written notice, of such assignment to the City. Except as provided in the immediately preceding sentence, Suez may assign this Agreement with the written consent of the City, which consent shall not be unreasonably withheld, delayed or conditioned. Any assignment shall provide that the assignee shall Irrevocably and unconditionally assume all the duties and obligations of the assignor upon the same terms and conditions as set out In this Agreement. No assignment shall be approved If Suez or the assignee Is delinquent In ad valorem taxes due the City. H. NOTICE 15. Any notice regUIW to be given under the provisions of this Agreement shall be In writing and shall be served when It Is deposited, enclosed In a 7 wrapper with the postage prepaid thereon, and by registered or certified mail, return ►'eceipt requested, in a United States Post Office, addressed to the City or Suez, if mailed, any ►1otice shall be deemed to be received three (3) days after the date of deposit in the United States Mall, Unless otherwise provided In this Agreement, all notices shall be delivered to the following addresses: To Suez: OWNER; Mr, Joseph J. Devine Vice -President, Taxes 4636 Somerton Road Trevose, PA 19053 With a copy to: Mr. Steve Quataert Managing Partner —Affinity P,O. Box 51049 Fort Myers, FL 33994 To the City; City of Beaumont Kyle Hayes City Manager 801 Main Beaumont, TX 77701 With a copy to: Tyrone Cooper City Attorney 801 Main Beaumont, TX 77701 Chris Boone Director of Planning & Community Development 801 Main Beaumont, TX 77701 8 Either party may designate a different address by giving the other party ten (10) days written notice. )(1. AUTWORITV 16. Each of the parties hereto represents and warrants to the other party that (1) It has all requisite power and authority to execute and deliver, to perform its obligations under and to consummate the transactions contemplated by this Agreement and (Il) the execution and delivery of this Agreement, the performance of Its obligations under and the consummation by each party of the transactions contemplated by this Agreement have been duly authorized by all regglsite corporate authority on the part of Suez and by all requisite governmental authority on the part of the City and (III) upon execution and delivery of this Agreement, this Agreement will constitute valid and binding legal obligations of such party. )(il. DATE 17. This Agreement may be executed in counterparts and the effective date of the Agreement shall be the date the City executes this Agreement, so authorizing, on the date of the countersignature hereto by the Manager of the City of Beaumont on tills a day of _Dj�,LW -2020. 9 )(111. MISCELLANEOUS 13. In the event any section, subsection, paragraph, sentence, phrase or word herein Is held Invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as If the patties Intended at all times to delete said 111valld section, subsection, paragraph, sentence, phrase or word. 19. The City agrees to record certified copy of this Agreement In the Deed Records of Jefferson County, Texas. 20, This Agreement shall be construed under the laws of the State of Texas. Venue,for any action under this Agreement shall be the State District Court of Jefferson County, Texas. 21. This Agreement shall be subject to change, modification or, except in the event of default which has not been cured. as provided herein, termination, only with the. mutual wrltten consent of file City and Suez. 22, SEVERABUTY In the event any provision of this AGREEMENT is illegal, Invalid, or unenforceable under present or future laws, then, and In that event, it Is the Intention of the Parties hereto that the remainder of this AGREEMENT shall not be affected thereby, and It Is also the Intention of the Pirtles to this AGREEMENT that In lieu of each clause or provision that Is found•to be Illegal, Invalid, or unenforceable, a provislon be added to this AGREEMENT which is legal, valid, and enforceable and is as similar In terms as possible to the provision found to be Illegal, invalid or unenforceable, 23, This complete Agreement has been executed by the parties In multiple originals, each having full force and effect. 10 Suez WTS USA, Inc. (Si ature) Mr, Joseph J. Devine Vice 'resident, Taxes /?- 23 ."74'-0 (Date) City of Beaumont By: (Signature) Kyle Hayes City Manager (Date) ATTEST: nature) I � I r, & 1, h,(- er ited Name and Title) —uuc) f. G Exccutcd ill duplicate this thc? (l ay of , 2020, EX1II)t3IT A "Description of Project and OWNER Property" The proposed project is to modernize the Beaumont facility, including modernizing process, capaeity, reliability, infrastructure and safety updates, The {acility would be constructed on the OWNL•M land, located within the City of Beaumont's Municipal Boundaries and within the boundaries of the Suez WTS USA, Tnc,-Project Clear Reinvestment Zone, 12 EtXI- IBI`i' 13 f0Base Year Property" `l'lie roinvesonont. zone contains existing iltlprovenlents. The base yelp. taxable valkle os Certified will be attached, by Comma oCthe parties, wheli Sallie Is calctiiatcd and adopted by the Jefferson County Appraisal District. 13 EXHIBIT C "Rehivestment Zane" 14 ORDINANCE NO. 20•.059 ENTITLED AN ORDINANCE DESIGNATING AN AREA AS THE SUET_ WTS USA, INC, REINVESTMENT ZONE PURSUANT TO THE TEXAS REDEVELOPMENT AND TAX ABATEMENT ACT (TEXAS TAX CODE, CHAPTER 312); PROVIDING TAX INCENTIVES; PROVIDING FOR. SEVERABILITY; AND PROVIDING 1=011 REPEAL. WHEREAS, the City of Beaumont endeavors to create the proper economic and social environment to Induce the Investment of private resources In productive business enterprises located in areas of the City; and, WHEREAS, Suez WTS USA, Inc, Is seeking Incentives for an Investment to upgrade Its facility located on College Street just west of the Municipal Airport; and, WHEREAS, It Is necessary to establish a Reinvestment Zone for the purpose of commercial and Industrial tax abatement before Suez WTS USA, Inc. is to be considered for Incentives; and, WHEREAS, it Is found to be feasible and practical and would be a benefit to the land to be Included in the zone and to the City of Beaumont after the expiration of any agreement entered Into pursuant to the Property Redevelopment and Tax Abatement Act; and, WHEREAS, to further this purpose, It Is in the best Interest of the City of Beaumont to designate the area described In Exhibit "A" and shown on Exhibit "a" as the Suez WTS USA, Inc, Reinvestment Zone pursuant to the Texas Redevelopment and Tax Abatement Act (Texas Tax Code, Chapter 312); and, WHEREAS, the zone is eligible for Commercial -Industrial tax abatement; and, WHEREAS, the area being designated Is reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major Investment in the zone that would be a benefit to the property and that would contribute to the economic development of the City of Beaumont; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the statements and findings set out in the preamble to this ordinance are hereby, In all thing's, approved and adopted. Section 2. That the City Council hereby designates the area described in In Exhibit A and shown on Exhibit "B," attached hereto and Incorporated herein for all purposes, as the Suez WTS USA, Inc. Reinvestment Zone (heroin referred to as the "Zone"), Section 3. That the City Council finds that the zone meets the criteria contained in the Texas Redevelopment and Tax Abatement Act (Texas Tax Code, Chapter 312). Section 4. That the City Council finds that the designation of the reinvestment zone would contribute 'to retention or expansion of primary employment In the area and/or would contribute to the attraction of major Investments that would be a benefit to the property and would contribute to tho economic development of the municipality. Section 6. That the City Council may provide certain tax Incentives applicable to business enterprises In the Zone, which are not applicable throughout the city, as allowed for In ,the Act. Section 6. That the City Council has established certain guidelines and criteria governing tax abatement agreements and Is therefore eligible to participate in tax abatement. Section 7. That a public hearing to consider this ordinance was held by the City Council on October 20, 2020, Section 8: That'this ordinance shall taste effect from and after Its passage as the law and charter provide. Section 9. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be Invalid, such Invalidity shall not affect the remaining, portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section That all ordinances or parts of ordinances In conflict herewith are repealed to the extent of the conflict only, The meeting at which this ordinance was approved was In all things conducted In strict compliance with the Texas Open Meetings Act, Texas Government Cade, Chapter (5G1. PASSED BY Tl-IF CITY COUNCIL of the City of Beaumont this the 20th day of Ocher, 2020, tJMp Q4p IvItAyor Bocity Ames DESCRIPTION OF APPROXIMATELY 36.10 AC, / 1,311,156 SQ. CT. A parcel containing approximately 31,10 AC. / 1,311,156 sq. ft. of land; Beginning at a southwest corner of the City Limits to Beaumont, Texas at tine Intersection of the most westerly border of the City and the north right-of-way line of College Street, also known as U.S. Highway 90. Also being the southwest corner of Tract 16, A. Savery Survey, Abstract 46 a 2.559 Ac. Tract; Thence, In a northerly direction along tine west line of the City Limits of Beaumont and the said 2.559 Ac. Tract, a distance of approximately 899 ft. to the northwest cornarof said called 2,559 Ac. Tract and the corner of the herein described Tract, Said point being In the City Limit line; Thence, In an easterly direction along the north line of sold 2.559 Ac. Tract approximately 125 ft, to a point, said point being tine northeast corner of tine said 5.559 Ac, Tract and the northwest corner of Tract 93, A. Savery Survey, Abstract 46, an 18.51 Ac. Tract; 'thence, continuing In an easterly direction along the north line of said 18.51 Ac, Tract approximately -.,063 ft. to the northeast corner of said 18.51 Ac. Tract and the northwest corner of Tract 92, S, Savery Survey, Abstract 46, a 9.031 Ac. Tract; rhence, continuing In an easterly direction along the north line of said 9.031 Ac. Tract approximately 531 ft, to the northeast corner of sold 9.031 Ac, Tract; Thence, III a 'soErth southeasterly direction along tine east line of said 9,031 Ac. Tract approximately 639 ft. to tine southeast corner of said 9.031 Ac, Tract. Said point being located hh the north rightnof-way (R.O,W.) line of U,S. Highway 90 (width varies) and the City Limit line; Thence, In an west southwesterly direction along the south line of said 9.031 Ac. Tract, the north it.O,W, line of U.S. Highway 90 and tine City Limit Line approximately 841 ft. to the southwest corner of said 9,031 Ac. Tract and the southeast corner of the previously mentioned 18,51 Ac. Tract; Thence, contiinuing In a west southwesterly direction along the south line of said 18,50 Ac. Tract, the north R.O.W. line of U,S, Highway 90 and the City Limit line approximately 870 ft. to the southwest corner of said 18.51 Ac. Tract and tine southeast corner of the previously mentioned 2.559 Ac. Tract; Thence, continuing in a west southwesterly direction along the south line of said 2,559 Ac, Tract, the north R.O.W. line of U.S. Highway 90 and the City Limit line approximately 127 ft, to a corner. Said corner being the southwest corner of said 2,559 Ac. Tract, the southwest corner of the -City Limits to Beaumof% Texas and the Point of Beginning and containing approximately 31.10 AC. / 1,311,156 sq, ft. of land. PROJECT CLEAR Legal description Summary: Owner Goo Namn Pnrr.nl lffnl3tlfinntinn I Ptial nAmnvintinit Gnrnatin SUEZ WTS USA 132205 300040.000- 000300.00000-4 A SAVERY ASS-46 TR 02 0.031 AC 0.0310 SUEZ WTS 300046.000- A SAVERY ABS 46 TR 93 18.61AC USA 132000 000310-00000-3 lllS02600-000010 1t3,6i0 SUEZ WTS 300040.000- USA 306430 001260-00000.0 A SAVERY ABS 46 TR 16 2,550AC 2.G600 Total Acroago 301100 EXHIBIT D -. "Abatement Schedule$) "Tax Abatement Schedule" Year Abated • Percentage of Vague Abated 2021 0% 2022 '100% 2023 '100% 2024 90% 2026 80% 2026 70% 15 EXHIBIT C -- "City of Beaumont Abatement Policy" It is understood and agreed that tilt abatement agreements granted herein sl►s1tl conform to this abatement policy and to the Texas Tax Code, 16