Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
08/23/2022 PACKET
TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, AUGUST 23, 2022 1:30 PM AGENDA CALL TO ORDER Invocation Pledge Roll Call * Proclamations, Presentations and Recognitions Public Comment; Persons pray speak on the Consent Agenda and Items 3 and 4 Consent Agenda CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial, The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the August 16, 2022 City Council Meeting Minutes B. Authorize the Interim City Manager or his designee to execute a Memorandum of Understanding with Flock Group, Inc. for the sharing of data C. Authorize the settlement of the claim of Virginia Quintanar D. Approve contracts for the purchase of janitorial supplies REGULAR AGENDA 1. Consider a request for a Specific Use Permit to allow a dwelling unit along with a new law office in the CBD (Central Business District) for the property located at 681 Park Street 2. Consider a request for a Specific Use Permit to allow a new railroad spur in an RS (Residential — Single -Family Dwelling) District for the property located on the northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block of Fannin Street Consider amending Section 20.03.004 of the Speed Regulations Ordinance 4. Consider authorizing the Interim City Manager to provide additional funding and TxDOT concurrence to award a contract to Vaca Underground Utilities, Inc., of Houston, for the 2020 Highway Safety Improvements Program (HSIP) Interconnect Signals project COMMENTS Public Comment (Persons are Iimited to 3 minutes) Councilmennbers/City Manager/City Attorney comment on various matters Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 0 TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: August 23, 2022 REQUESTED ACTION: Council consider approval of the August 16, 2022 City Council Meeting Minutes. m T E X A S VIINUTES OF THE CITY OF BEAUMONT COUVCIL 111EETING Albert "A.J." Turner Jr., At -Large ROBIN MOUTON, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III AUGUST 16, 2022 Chris Durio, Mayor Pro Tern 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 16, 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 item 1 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Tommy Williams with Trinity United Methodist Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tem Durio, Councilmembers Getz, Turner, Feldschau, Samuel and Neild. Also, present were Chris Boone, Interim City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk, Proclamations, Presentation, Recognitions "Recognition" -- The new City Manager, Mr. Kenneth Williams Pudic Comment: Persons may speak on the Consent Agenda and Agenda Item 1 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 9, 2022, City Council Meeting Minutes B. Confirmation of board and commission member appointments - Resolution 22-194 Minutes —August 16, 2022 Mary Williams would fill the unexpired term of Geary Senigaur on the Police Department Community Advisory Committee. The term would commence August 16, 2022 and expire September 30, 2023. (Councilmember Albert "A.J." Turner) C. Approve a contract with DXI Industries, Inc., of Houston, for the purchase of sodium hydroxide for use by the Water Utilities Department - Resolution 22-195 D. Approve a contract with Marsh Waterproofing Inc., of Vidor, for the masonry repointing and repair of the City Hall building - Resolution 22-196 E. Accept maintenance of the street, storm sewer, water, and sanitary sewer improvements in Windemere Subdivison Section 4 - Resolution 22-197 F. Authorize the acceptance of a five -foot -wide Utility Easement located at 855 Caldwell Resolution 22-198 G. Approve the purchase of Axon TASER units and accessories for use by the Police Department - Resolution 22-199 H. Authorize the acceptance of a twenty -two -foot -wide Access and Utility Easement and a ten -foot -wide Utility Easement located at 8630 Eastex Freeway - Resolution 22- 200 Councilmember Neild moved to approve the Consent Agenda. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GE,TZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED WORK SESSION Review and discuss the proposed FY 2023 Budget Chris Boone, Interim City Manager reviewed and discussed the proposed FY 2022 Budget. Mr. Boone discussed the General Fund summary of revenues and expenditures as well as the property tax rates. The existing tax rate of $0,70500 per $100 assessed valuation would decrease to $0.685000 for FY 2023 which is what is being proposed. There was discussion of General Fund Transfers for the Transit Fund, TX Motor, Capital Reserve, Hurricane Laura, General Liability, General Improvement and Employee Benefits, totaling $18,476.600, Mr. Boone also discussed the proposed FY2023 allocations and personnel he stated that seventeen (17) positions were add and five (5) positions were removed, Wages were discussed as it relates to labor agreements and civilian employees, the budget would provide for a 4% increase in wages for Police Officers and 3% for Firefighters per their collective bargaining agreements and civilian employees would receive a 3% wage increase. The water and sewer fund balance were discussed along with the rates, it was proposed that Minutes -August 16, 2022 the water and sewer rates be increased by 8%, this would generate an estimated $3.775 million in additional revenue for the water fund. The solid waste fund was also discussed along with a proposed $1.50 increase in garbage rates from $20.75 to $22.25, the last increase was in FY 2022, this increase will generate an estimated $657,000 in additional revenue for the solid waste fund. Benefits was discussed as those rates will increase, for the medical plan, PPO will be increased from $7.75 to $8.53, the Employee + one dependent will increase from $110.93 to $122.02, the Employee Family will increase from $156.99 to $172.69. The dental plan will increase as well, for employee only it will increase from $4.96 to $5.11, employee + one dependent will increase from $12.39 to $12.76, employee family will increase from $16.05 to $16.53. The primary care visit will increase from $10.00 to $20.00, specialist visit will go from $30.00 to $40.00, overall deductibles will go from in - network $500 individual to $750.00 and for the family from $1,000.00 to $1,250.00 as well as overall deductibles and out of pocket limits that will increase as well. AGENDA 1. Consider establishing and taking a record vote on the "proposed" 2022 tax rate and schedule a public hearing. Chapter 26 of the Property Tax Code requires taxing units to comply with truth -in -taxation laws in adopting their tax rate and requires the governing body to hold a public hearing when the proposed tax rate exceeds the lower of the no -new revenue or voter -approval tax rate. Administration recommends Council establish a proposed tax rate required to support the City Manager's proposed budget equal to the tax rate of $0.6850001$100 of valuation. In accordance with Chapter 26 of the Property Tax Code, if the proposed rate exceeds the no - new revenue rate of $0.6378671$100 or the voter -approval tax rate of $0.7813621$100, the City Council must take a record vote to place the proposal to adopt a rate not higher than the proposed rate on the agenda of a future meeting. The no -new revenue tax rate is the rate that would produce the same amount of taxes in FY 2023 as was produced in FY 2022 if it was applied to the same properties taxed in both years. The proposed tax rate of $0.6850001$100 exceeds the no -new revenue tax rate of $0.637867/$100 by $0.047133/$100 or 7.4%. If the motion passes, a public hearing must be scheduled. It is recommended that the public hearing be held on September 13, 2022, at 1:30 p.m. in the Council Chambers. The Administration recommends that a public hearing be held on September 13, 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. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE 2022 TAX RATE IS PROPOSED TO BE $0.6950001$100 OF VALUATION; AND THAT THE DATE OF SEPTEMBER 13, 2022, BE AND THE SAME IS HEREBY SET AS THE DATE AT WHICH THE CITY COUNCIL WILL CONDUCT A PUBLIC HEARING N THE PROPOSED TAX RATE. THE MEETING WILL BE HELD IN THE CITY COUNCIL CHAMBERS, CITY HALF, 801 MAIN STREET, BEAUMONT, TEXAS AT 1:30 P.M., SEPTEMBER 13, 2022, AT WHICH TIMES THE COUNCIL WILL RECEIVE PUBLIC COMMENT ON THE PROPOSED TAX RATE OF $0.695000i$100 OF VALUATION, THE CITY CLERK IS TO PUBLISH NOTICE OF SAID PUBLIC HEARING PURSUANT TO V.T.C.A., TAX CODE §26.06. Councilmember Turner seconded the motion. RECORD VOTE: Establishing a proposed 2022 Tax Rate and Scheduling a Public Hearing Minutes —August 16, 2022 AYES: AYES: AYES: AYES: AYES: AYES: AYES: MAYOR MOUTON MAYOR PRO TEM DURIO COUNCILMEMBERS GETZ COUNCiLMEMBER TURNER COUNCILMEMBER FELDSCHAU COUNCILMEMBER SAMUEL COUNCILMEMBER NEILD NAYS: NONE MOTION PASSED Resolution 22-201 COMMENTS Public Comments (Persons are limited to three minutes) Vernon Durden 2110 Westbury RD. Beaumont TX Congratulated Mr. Kenneth Williams on being selected as the new City Manager and welcomed him to Beaumont, stated that on last week citizens were able to see democracy at work, stated that Mr. Williams is inheriting a city that the last City Manager lost population, gave the numbers of what the population was and what it is at present, commented on the salaries that Council discussed earlier in the meeting, if everyone works together progress can be made, the citizens are watching and looking, the citizens want the entire Council to work together regardless of how they voted, asked that everyone work to move the city forward and to support the new City Manager and be proud of Beaumont Glenda McCray 890 Norwood Dr. Beaumont TX Congratulated the new City Manager, stated that her thoughts and prayers are still with Mrs. Getz and she's keeping her in her prayers, stated that she lives in the West End and she's upset about the drainage ditches, has been told by 311 that they are only being mowed twice a year, one side is mowed and cut short, the other side is a smaller portion near the fence on Norwood, the grass is growing really high and looks bad, since taxes, garbage and other things are going up, she would like to see that side of the ditch cut, stated that she's proud to be a citizen of Beaumont, proud of Council working together but if she see another gas station built she's going to be upset because she thinks that there should be more things built for our young people, not gas stations Charlie Crabbe 928 East Dr. Beaumont TX Thanked Council for their service to Beaumont, commented on the $11.00 pay rate, stated that he looks at it as a entry level pay where we are competing with surrounding businesses and not compete with bigger cities, the city should compete with smaller cities like Port Arthur, Orange etc., thinks its attractive to work for the city due to the benefits, he loves the service that is received by the city especially the heavy trash that is picked up weekly, commented on the $250,000 severance pay that the four Councilmembers approved in the event of dismissal of the new City Manager, realizes the vote has been taken to hire Mr. Williams, he doesn't object to Mr. Williams just the contract, the split vote does bring back Minutes —August 16, 2022 memories of the BISD fiasco, he recalled two members of the BISD board and local electrical contractors stating that things did not seem right for electrical work that was done for BISD, remembers when the BISD Board Chairman said that they were in charge, also remembers when the Board of Education came in and took charge and dismissed the entire board and the newly hired Superintendent and appointed new board members, wanted to know if the city is repeating the voting pattern of BISD board, he sure hopes not, stated that he does watch the meeting on television and likes Councils comments Paul Brown 4370 Cartwright Beaumont TX Thanked the four Councilmembers for appointing Kenneth Williams as the new City Manager, lets have the laughter and enjoyment but let's stay real this Country is in trouble, after 35 City Managers we finally got a black man, we have a big problem in term of finances but the blacks always stay at the bottom, commented on Mardi Gras where there was twenty vendors and only one black vendor, made comments regarding several Councilmembers and the Mayor, thanked Texas House Representative Joe Deshotel for his service and good luck on retirement * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER TURNER - ASKED INTERIM CITY MANAGER CHRIS BOONE IF THERE COULD BE A DIRECTIONAL FLUSHING PLAN TASK FORCE PUT IN PLACE WHERE YOU WOULD HAVE SOME OF THE CITY ENGINEERS WORKING WITH MIKE HARRIS IN THE WATER DEPARTMENT TO SEE IF THEY CAN COME UP WITH AND GIVE A DEADLINE WHERE WE WOULD GET AT LEAST A PERCENTAGE DONE WITHIN A YEAR AND THE REST DONE WITHIN THE SECOND YEAR, STATED THAT HE WOULD LIKE TO START A NEW PRACTICE WHEN IT COMES TO WORK BEING DONE BY SETTING DEADLINES, MADE COMMENTS REGARDING THE BASE PAY OF $250,000 FOR THE NEW CITY MANAGER, THE QUESTION THAT HE'S BEEN ASKED BY SOME CITIZENS, HE EXPLAINED WHY, MADE ADDITIONAL COMMENTS REGARDING A SALARY STUDY THAT WAS SUPPOSED TO BE PROVIDED ON TODAY FOR EMPLOYEE SALARIES THAT DIDN'T HAPPEN, ASKED THAT CITIZENS DO THEIR OWN RESEARCH REGARDING ISSUES THEY HAVE CONCERNS ABOUT AND IT'S IMPORTANT WHEN THERE'S DATA COUNCILMEMBER GETZ - WELCOMED THE NEW CITY MANAGER MR. KENNETH WILLIAMS AND HIS WIFE CYNTHIA, LOOKING FORWARD TO WORKING WITH HIM AND BELIEVES THEY BOTH SHARE THE SAME VISION FOR BEAUMONT, STATED TO COUNCILMEMBER TURNER THAT THE ITEMS THAT WERE TAKEN OUT OF THE CONTRACT WERE ONE THE INSURANCE PREMIUM BECAUSE IT DIDN'T COMPLY WITH CITY POLICY, THE SECOND WAS THE THREE YEAR COMMITMENT WAS REMOVED BECAUSE IT DIDN'T COMPLY WITH THE CITY CHARTER, AGREES THAT A SALARY Minutes —August 16, 2022 STUDY SHOULD HAVE BEEN PERFORMED BEFORE THE SALARY OF $250,000 WAS OFFERED, ALL OF COUNCIL DECIDED THIS WHEN THE POSITION WAS PUT OUT, ANNOUNCED THE SOME OTHER PLACE TASTING THAT WILL BE HELD AT THE BEAUMONT CIVIC CENTER TODAY, TICKETS ARE $10.00, THE MONEY IS USED TO HELP THE LESS FORTUNATE IN THE COMMUNITY, ENCOURAGED EVERYONE TO GO OUT AND SUPPORT THEM MAYOR PRO TEM DURIO - WELCOMED MR. AND MRS. WILLIAMS TO BEAUMONT, BELIEVES THAT EVERYONE ON THIS COUNCIL IS READY TO GO TO WORK WITH MR. WILLIAMS, ASKED THE CITIZENS TO BE PATIENT WITH THE COUNCIL AND TRUST THEM TO DO THE JOB, THEY ELECTED THEM TO DO, THANKED ALL OF THE CITIZENS THAT SPOKE ON TODAY AS WELL AS ALL OF THE DEPARTMENT HEADS AND STAFF THAT HELP TO PREPARE THE BUDGET COUNCILMEMBER NEILD - THANKED TODD SIMONEAUX AND STAFF FOR THE BUDGET THAT WAS PRESENTED ON TODAY, WELCOMED MR. AND MRS. WILLIAMS TO BEAUMONT, LOOKS FORWARD TO WORKING WITH HIM, IT'S A NEW DAY FOR BEAUMONT, EXCITED TO BE A PART OF THE TEAM COUNCILMEMBER SAMUEL - WELCOMED THE NEW CITY MANAGER MR. KENNETH WILLIAMS AND HIS WIFE CYNTHIA, STATED THAT BEAUMONT IS A GREAT PLACE TO LIVE, LOOKS FORWARD TO WORKING WITH HIM COUNCILMEMBER FELDSCHAU - STATED THAT LAST WEEK THE COUNCIL VOTED TO HIRE MR. WILLIAMS AS THE NEXT CITY MANAGER, HE'S SAID MORE THAN ONCE THIS MAY BE THE MORE IMPORTANT DECISION THEY WILL HAVE TO MAKE WHILE, SITTING ON THIS COUNCIL, THE LAST TIME THEY DID THIS WAS NINETEEN YEARS AGO, WANTED TO MAKE IT CLEAR TO THE PUBLIC AND TO MR. WILLIAMS AND HIS WIFE, THAT HIS NO VOTE WAS NOT A VOTE AGAINST THE MAN BUT WAS A VOTE AGAINST CERTAIN COMPONENTS WITHIN THE AGREEMENT THAT HE STRUGGLED WITH, HIS PROBLEM AND THE COUNCIL'S PROBLEM IS THAT THEY DON'T HAVE A MECHANISM WHEREBY THEY CAN VOTE FOR THE MAN AND AGAINST THE AGREEMENT BECAUSE THEY ARE LINKED, WANTS TO HAVE A CLEAN FRESH START WITH MR. WILLIAMS, HE'S COMMITTED TO WORKING WITH HIM AND MAKING HIM A SUCCESS BECAUSE HIS SUCCESS IS THEIR SUCCESS, TODAY HE'S CASTING A RELATIONAL VOTE, LOOKS FORWARD TO THE FUTURE AND THE GREAT THINGS THEY WILL DO TOGETHER CITY ATTORNEY REED - DITTO Minutes —August 16, 2022 INTERIM CITY MANAGER BOONE - EXTENDED A WELCOME TO MR. AND MRS. WILLIAMS, LOOKS FORWARD TO WORKING WITH HIM FOR A BETTER AND BRIGHTER BEAUMONT TODD SIMONEAUX, CFO - STATED THAT EVERYONE LOVES WHAT BENGY WILLIAMS DOES FOR THE CITY, RUMOR HAS IT THAT HE MAY HAVE A YEAR, 4 MONTHS AND 16 DAYS LEFT WITH THE CITY, ASKED EVERYONE TO HELP HIM TALK BENGY OUT OF RETIREMENT, ALSO STATED THAT THE FINANCE DEPARTMENT LOST ITS CITY CONTROLLER OF 17 YEARS AND BUDGET OFFICER, THANKED THE NEW CITY CONTROLLER CHERYL RAY AS WELL AS STEPHANIE HARDY WHO IS THE NEW BUDGET OFFICER, THANKED THEM FOR PUTTING THE BUDGET TOGETHER CITY CLERK 13ROUSSARD WELCOMED MR. AND MRS. WILLIAMS TO BEAUMONT AND LOOKS FORWARD TO WORKING WITH MR. WILLIAMS MAYOR MOUTON - ANNOUNCED THE TASTE OF THE TRIANGLE AT THE BEAUMONT CIVIC CENTER, STATED THAT LAST WEEK WAS ONE OF THE BEST MEETINGS TO SEE MUNICIPAL GOVERNMENT IN ACTION, IT WAS A HEALTHY MEETING, THANKED THE CITY ATTORNEY FOR THE REVISIONS, LATE NIGHTS, AND LONG WEEKENDS IN PULLING THE AGREEMENT TOGETHER FOR THE CITY MANAGER, WELCOMED MR. KENNETH WILLIAMS AND HIS WIFE CYNTHIA TO BEAUMONT, LOOKING FORWARD TO WORKING WITH HIM, COMMENTED ON A VISITOR SHE HAD, MS. DESTINY HAMILTON WHO IS 10 YEARS OLD, DESTINY WANTED TO KNOW IF THE CITY OF BEAUMONT WAS PLANNING ON EXPANDING THE BEAUMONT ANIMAL SHELTER SO THAT THE CITY WOULDN'T KILL ANYMORE ANIMALS, MAYOR MOUTON INFORMED DESTINEY THAT SINCE 2019 BEAUMONT ANIMAL SHELTER HAS BEEN A NO KILL SHELTER, MADE ADDITIONAL COMMENTS REGARDING THE CITY MANAGER'S CONTRACT, THANKED THE CFO AND HIS STAFF FOR ALL OF THEIR HARD WORK ON THE BUDGET, THANKED EVERYONE FOR COMING OUT ON TODAY AND SPREAD THE LOVE With there being no Executive Session, Council adjourned at 3:44 p.m. Robin Mouton, Mayor Tina Broussard, City Clerk Minutes — August 16, 2022 Fr A TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: August 23, 2022 REQUESTED ACTION: Consider a resolution authorizing the Interim City Manager or his designee to execute a Memorandum of Understanding with Flock Group, Inc. for the sharing of data. BACKGROUND Flock Group is a technology company that uses license plate detection and reading equipment at fixed locations to gather data for investigative purposes. Private entities such as apartment complexes and gated communities use Flock equipment at points of entry and egress to gather information. The data is then shared with law enforcement to help protect the public and to assist in investigations. This data sharing MOU sets forth the rules under which block agrees to share data with the Beaumont Police Department. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. MEMORANDUM OF UNDERSTANDING This Data Sharing Memorandum of Understanding (hereinafter "MOU") is entered into by and between Flock Group, Inc. with a place of business at 2588 Winslow Drive, Atlanta, GA 30305 ("Flock") and City of Beaumont Texas Police Department with a place of business at 255 College Street, Beaumont, Texas 77701 ("Agency") (each a "Party", and together, the "Parties"). Whereas, Agency desires to access Flock's technology platform and Flock Safety dashboard (together, the "Flock Service") for investigative purposes, in order to view and search videos recorded by Flock ("Recordings") which are stored for no longer than thirty (30) days, utilizing its software for automatic license plate detection; Whereas, Flock desires to share such videos and supplemental data with Agency pursuant to the following terms and conditions: 1. Purpose. To allow the Agency to utilize the Flock Services for the following purpose: to gain awareness with respect to the communities for which they serve to protect and facilitate investigations (the "Purpose"). 2. Access Rights to Flock Services. Subject to the terms and conditions contained in this MOU, Flock hereby grants to Agency a non-exclusive, non -transferable right to access the features and functions of the Flock Service during the Term (as defined below), solely for use by Authorized Users in accordance with the terms and conditions herein. For purposes of this MOU, "Authorized Users" will mean employees, agents, or officers of Agency accessing or using the Flock Services for the Purpose. Agency acknowledges and agrees that, as between Agency and Flock, Agency shall be responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User which would constitute a breach of this MOU, shall be deemed a breach of this MOU by Agency. Agency shall undertake reasonable efforts to make all Authorized Users aware of the provisions of this MOU as applicable to such Authorized User's use of the Flock Service, and shall cause Authorized Users to comply with such provisions. 3. Restrictions on Use. Agency will not, and will not permit any Authorized Users or any third party to, (i) copy or duplicate any of the Flock Service; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock Service is compiled or interpreted; (iii) modify, alter, or tamper with any of the Flock Service, or create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock Service; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Flock Service; or (vi) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Agency's rights under Sections 2. Agency may only access Recordings and Flock Service to perform the Purpose, as described in Section 1. Agency shall not use the Flock Service in any manner not permitted by appropriate governing Federal and State regulations or laws; Agency represents and warrants that, in receiving access to Flock Services, such video and supplemental data shall be used solely for purposes authorized by law and described in this MOU. 4. Ownership. As between the Parties, subject to the rights granted in this MOU, Flock and its licensors retain all right, title and interest in and to the Flock Service, and its components and any Recordings or data provided by Flock through the Flock Service, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this MOU. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock's sole discretion. There are no implied rights. 5. Warranty. Flock and its licensors make no express or implied warranty as to the conditions of the Recordings, or fitness for a particular research, data, investigative purpose or resulting actions or omissions resulting from videos and supplemental data obtained by Agency through the use of Flock Services. 6. Financial Implications to Agency. No financial commitment by Agency is required to access the Flock Services or Recordings. 7. Term; Termination. A. Term. This MOU will commence once executed by both parties and shall continue for a period of Five (5) years. B. Termination. Prior to expiration of the Term, Flock may terminate this MOU for its convenience, and in its sole discretion, by providing Agency thirty (30) days prior written notice of termination. Agency may terminate this MOU for its convenience, and in its sole discretion, by providing Flock ninety (90) days prior written notice of termination. Either party may terminate this MOU upon written notice if the other party has breached a material term of this MOU and has not cured such breach within thirty (30) days of receipt of notice from the non -breaching party specifying the breach. Upon termination of this MOU, Agency will immediately cease all use of Flock Services. This MOU is subject to termination without written notice after expiration of the Term. 8. Indemnification. Each Party to this MOU shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this MOU. For tort liability purposes, no participating Party shall be considered the agent of the other participating Party. Each Party to this MOU shall be liable (if at all) only for the torts of its own officers, agents, or employees that occur within the scope of their official duties. Under no circumstances shall this MOU be interpreted to create a partnership or agency relationship between the Parties. 9. Limitation of Liability. A. Limitation on Direct Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLOCK, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY AMOUNT GREATER THAN THE FEES PAID TO FLOCK UNDER THIS MOU, OR $100 IN UNITED STATES CURRENCY, WHICHEVER IS GREATER, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), PRODUCT LIABILITY OR OTHERWISE. B. Waiver of Consequential Damages. IN NO EVENT SHALL FLOCK OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10. Confidentiality. A. Obligations. During the performance of services and Agency's use of the Flock Service under this Agreement it may be necessary for a party to provide the other with certain information considered to be proprietary or confidential by the disclosing party. The disclosure of such confidential information shall be subject to the following terms and conditions. i. The term "Agency Confidential Information" shall mean any material, data, systems, procedures and other information of or with respect to Agency that is not be accessible or known to the general public, including information concerning its hardware, software, business plans or opportunities, business strategies, finances, employees, and third -party proprietary or other information that Agency treats as confidential. Flock shall not use, publish or divulge any Agency Confidential Information except (i) in connection with Flock's provision of Software and services pursuant to this Agreement, (H) to Flock's officers, directors, employees, agents and contractors who need to know such information to enable Flock to provide Software and services pursuant to this Agreement, or (iii) with the prior written consent of Agency, which consent Agency may withhold in its sole discretion. ii. The term "Flock Confidential Information" means any material, data, systems, procedures and other information of or with respect to Flock that is not accessible to or known to the general public, including, without limitation, the software, object code, source code, formulae, algorithms, financial data, clients, employees, software development plans, software support third -party proprietary or other information that Flock treats as confidential. Agency shall not use, publish or divulge any Flock Confidential Information except (i) to its employees, agents and officers who need to know such information to enable Agency to use the Flock Services, or (ii) with the prior written consent of Flock, which consent Flock may withhold in its sole discretion, or (iii) as required by law. iii. Each party shall protect the other's confidential information with the same degree of care normally used to protect its own similar confidential information, but in no event less than that degree of care that a reasonably prudent business person or government entity would use to protect such information. The obligations of each party to protect confidential information received from the other party shall not apply to information that is publicly known or becomes publicly known through no act or failure to act on the part of the recipient. All provisions of this MOU concerning the Confidentiality section herein, shall survive any termination of this MOU. B. Exclusions. Confidential Information shall not include any information that is (i) already known to the receiving party at the time of the disclosure; (ii) publicly known at the time of the disclosure or becomes publicly known through no wrongful act or failure of the receiving party; (iii) subsequently disclosed to the receiving party on a non -confidential basis by a third -party not having a confidential relationship with the other party hereto that rightfully acquired such information; or (iv) communicated to a third party by the receiving party with the express written consent of the other party hereto. A disclosure of Confidential Information that is legally compelled to be disclosed pursuant to a subpoena, summons, order or other judicial or governmental process or the Freedom of Information Act or the Texas Public Information Act shall not be considered a breach of this MOU; provided the receiving party provides prompt notice of any such subpoena, order, or the like to the other party so that such party will have the opportunity to obtain a protective order or otherwise oppose the disclosure. 11. Entire Agreement. This MOU is complete and contains the entire understanding between the Parties relating to the sharing of Recordings and Confidential Data by and between Flock and Agency. This MOU supersedes any and all other agreements between the Parties. This Agreement is non assignable by both Parties. 12. Severability. Nothing is this MOU is intended to conflict with or violate State or Federal laws, regulations, policies, etc. If a term or provision of this MOU is inconsistent with a law or authority, then that term or provision shall be invalid, but the remaining terms and provisions shall remain in full force and effect. If any provision of this MOU is found to be unenforceable, unlawful, or void, the provision shall be deemed severable from the MOU and shall not affect the validity of the remaining provisions. 13. Miscellaneous. All notices, requests, demands, or other communications required or permitted to be given hereunder must be in writing and must be addressed to the parties at their respective addresses set forth below and shall be deemed to have been duly given when (a) delivered in person; (b) sent by facsimile transmission To the facsimile number below and indicating receipt at the facsimile number where sent; (c) one (1) business day after being deposited with a reputable overnight air courier service; or (d) three (3) business days after being deposited with the United States Postal Service, for delivery by certified or registered mail, postage prepaid and return receipt requested. This MOU shall be governed by the laws of the state in which the Agency is located, excluding its conflict of laws rules. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this MOU. IN WITNESS WHEREOF, Flock and the Agency have caused this MOU to be signed on the date set forth below and be effective on the last date specified below. FLOCK GROUP, INC, City of Beaumont Beaumont Police Department By: Name: Title: Date: By: Name: Title: Date: 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 a Memorandum of Understanding between the City of Beaumont and Flock Group, Inc. for the purpose of sharing data relating to license plate detection and reading equipment at fixed locations to gather date for Beaumont Police Department investigative purposes. The Memorandum of Understanding 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 23rd day of August, 2022. - Mayor Robin Mouton - C TEXAS TO: City Council FROM: Chris Boone, Interi nn City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: August 23, 2022 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Virginia Quintanar. BACKGROUND The clams of Virginia Quintanar was presented and discussed ui Executive Session held on August 2, 2022. Tlie City Attorney is requesting authority to settle this suit in the amount of $13,418,48. FUNDING SOURCE General Liability Fund, RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Virginia Quintanar 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 Virginia Quintanar for the sum of Thirteen Thousand Four Hundred Eighteen and 481100 Dollars ($13,418.48); 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 23rd day of August, 2022. - Mayor Robin Mouton - 1-C TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 23, 2022 REQUESTED ACTION: Council consider a resolution approving contracts for the purchase of Janitorial Supplies. BACKGROUND Bids were solicited for a six-month contract to supply various janitorial supplies, paper products and trash liners for use by multiple City departments. Specifications allow for two additional six-month extensions at the same pricing as the original terns. Bids were requested from twelve (12) vendors and two responses were received. Specifications stated that the City could award the contract(s) to multiple vendors as deemed to be in the best interest of the City. The specifications are divided into three sections. Sanitary Supply of Beaumont submitted the lowest qualified bid for Section 1 in the amount of $38,393.40. Matera Paper Co., of Houston submitted the lowest qualified bid for section 2 in the amount of $11,189.87 and Section 3 in the anlotu-it of $24,096,85. Staff recommends award. Bid tabulation is attached. FUNDING SOURCE General Fund, Water Fund, Fleet Fund, Solid Waste Fund, HOT find. RECOMMENDATION Approval of the resolution. CITY OF BEAUMT BEAUMONT, TEXAS B EAU MO N T PURCHASING DIVI I'ON BID TABULATION T1iXAS Six (6) Month Contract for Janitorial Supplies, Paper Products & Bid Nam*: Trash Liners Bid Number: MFOS22-47 Bid Opening: Thursday, July 28, 2022 Q 2:00 P.M. Contact Person: Christy Williams, Buyer II cliristv.*i liamsnbeaumonitexas,gov Phone: 400-080 3768 Vendor SANITARY SUPPLY CO, AIATERA PAPER CO. City/State BEAUAIONT, TEXAS HOUSTON, TEXAS Phone or rox No. 409-866-2305 409-720-8148 Item No. DESCRIPTION TOTAL BID PER SECTION TOTAL BIB PER SECTION 1 PAPER PRODUCTS $38,3$3.40 "*$23,163.50 2 STRETCH FIT TRASH LINERS $12,604,80 $11;189.87 3 MSC. JANITORIAL. SUPPLIES $26,210,31 $24,096.85 TOTAL 810 $713,208.61 •*$58,450.22 Minimum order size $0.00 $0.00 %* Discount for non contracted Items 20% 200/u Does company have a surcharge for using credit cards? Yes 3% NO ** old not bid all Items of section as required for award. RESOLUTION NO. WHEREAS, bids were solicited 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 various janitorial supplies, paper products and trash liners for use by multiple City departments; and, WHEREAS, Sanitary Supply Company, of Beaumont, Texas, submitted the lowest qualified bid meeting specifications in the amount of $38,393.40 for Section 1, as shown in Exhibit 'A" attached hereto; and, WHEREAS, Matera Paper Company, of Houston, Texas, submitted the lowest qualified bid meeting specifications in the amount of $11,189.97 for Section 2, as shown in Exhibit 'A" attached hereto; and, WHEREAS, Matera Paper Company, of Houston, Texas, submitted the lowest qualified bid meeting specifications in the amount of $24,096.85 for Section 3, as shown in Exhibit 'A" attached hereto; and, WHEREAS, the City Council is of the opinion that the bids submitted by Sanitary Supply Company, of Beaumont, Texas, for Section 1 and Matera Paper Company, of Houston, Texas, for Sections 2 and 3 are 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 Sanitary Supply Company, of Beaumont, Texas, 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 various janitorial supplies, paper products and trash liners in the amount of $38,393.40 for Section 1, as shown in Exhibit'A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the bid submitted by Matera Paper Company, of Houston, Texas, 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 various janitorial supplies, paper products and trash liners in the amount of $11,189.87 for Section 2, as shown in Exhibit "A," attached hereto, be accepted by the City of Beaumont; and, BE IT ALSO RESOLVED THAT the bid submitted by Matera Paper Company, of Houston, Texas, 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 various janitorial supplies, paper products and trash liners in the amount of $24,096.85 for Section 3, as shown in Exhibit "A," attached hereto, be accepted by the City of Beaumont; and, BE IT ALSO RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute a contract with Sanitary Supply Company, of Beaumont, Texas, and Matera Paper Company, of Houston, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of August, 2022. - Mayor Robin Mouton - 1 August 23, 2022 Consider a request for a Specific Use Permit to allow a dwelling unit along with a new law office in the CBD (Central Business District) for the Property located at 681 Park Street TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Chris Boone, Interim City Manager MEETING DATE: August 23, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a dwelling unit along with a new law office in the CBD (Central Business District) for the property located at 681 Park Street. BACKGROUND Jonathan Vernon proposes a new construction with mixed uses for the property located at 681 Park Street to include a two (2) bedroom dwelling unit combined with a law office. Although a law office is permitted out -right within the CBD district, a dwelling unit requires an approved Specific Use Permit. The living quarters will be located behind the law office on the northwest side of the building. It will be used twenty-four (24) hours, seven (7) days a week and the activities involved are those of daily living such as bathing, sleeping, eating, cooking, laundry, socializing and relaxing. Residential uses within the downtown planning area may bolster economic activity hereafter due to an increase of pedestrian traffic. At a Joint Public Hearing held on August 15, 2022, the Planning Coninnission recommended 5:0 to approve the request for a Specific Use Permit to allow a dwelling unit along with a new law office in the CBD (Central Business District) for the property located at 681 Park Street with the following condition: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre-treatment and/or F.O.G. program as well as all applicable Building and Fire Codes. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following condition: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre-treatment and/or F.O.G. program as well as all applicable Building and Fire Codes. BEAUMONT Planning & Community Development Case Type.Planning and Zoning Case Sub Type: Specific Use Permit Case #: PZ2022-247 Location: 681 PARK ST, BEAUMONT, 77701 Individuals listed on the record: Applicant Jonathan Vernon 215 Orleans Street, Suite 400A Beaumont, TX 77701 Property Owner McBride & O'Brien 681 Park Street, Series LLC 215 Orleans Street, Suite 400A Beaumont, TX 77701 Case Type: Planning and Zoning Case 4: PZ2022-247 Case Status: REVIEW Tag Name: Law office with residential apartment In CBI Initiated On: 6/1312022 11:46:21AM Home Phone: 4092094813 Work Phone: Cell Phone: 4094661412 E-Mail: Jonathan@jvernonlaw.com Home Phone: 4092094813 Work Phone: Cell Phone: 4094661412 E-Mail: jonathan@Jvernonlaw.com Page 1 of 3 Printed On: 6/22/2022 BEAUMONT Planning & Community Development Legal Description Number of Acres Proposed Use 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 Lot 321, Block 50, Tracts 1& 2, Beaumont Addition 0.13 Single-family residence and law firm 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 specific use should enhance the use and enjoyment of other property, and such uses would significantly increase property values within the immediate vicinity by providing patrons to the nearby businesses and churches. There is a gym, church, a few restaurants, and a brewery within line of sight of the property. There are barbers and salons, churches, and restaurants within walking distance. The other properties providing housing In the vicinity seldom have vacancies and such vacancies are usually filled without the landlord having to advertise. This suggests a significant shortage of housing in the Central Business District (CBD). That the establishment of the specific For the reasons stated above, the establishment of the specific use use will not impede the normal and will not impede the normal and orderly development and improvement orderly development and improvement of surrounding vacant property but should Instead Increase the of surrounding vacant property; normal and orderly development and improvement of surrounding vacant property. That adequate utilities, access roads, The C13D has adequate utilities, access roads, and drainage. The drainage and other necessary proposed specific use does not require any supporting facilities. supporting facilities have been or will be provided The design, location and arrangement Driveways and off-street parking are not required in the CBD. None of all driveways and parking spaces are planned for this project. The current parking and sidewalks more provides for the safe and convenient than provide or the safe and convenient movement of vehicular and movement of vehicular and pedestrian pedestrian traffic. traffic That adequate nuisance prevention The proposed specific use should not result in offensive odor, fumes, measures have been or will be taken dust, noise and/or vibration. Any noise created by the proposed to prevent or control offensive odor-, specific use will be mitigated by insulation already required by fumes, dust, noise and vibration Code's energy requirements. That directional lighting will be Any directional lighting necessary to prevent the disturbance or any provided so as not to disturb or adverse effect of neighboring properties will be used, Due to the adversely affect neighboring lighting of the CBD, it would be difficult, expensive, and inconvenient properties to produce lighting that would disturb or adversely affect neighboring properties. That there are sufficient landscaping Landscaping and screening are not required due to the uses of the and screening to insure harmony and adjacent property and CBD regulations. compatibility with adjacent property Case Type: Planning and Zoning Case #: PZ2022-247 Page 2 of 3 Printed On; 6/22/2022 BEAUMONT Planning & Community Development That the proposed use is in The proposed use advances the Comprehensive Plan. The Plan calls accordance with the Comprehensive for the encouragement of housing in the CBD, diversity in housing Plan options, and many other goals, objectives, and policies that the proposed use will either directly or indirectly advance. Notes: Case Type: Planning and Zoning Page 3 of 3 Case #; PZ2022-247 Printed On; 6/2212022 LAW OFFICE OF ••� _ --. JONATHAN VERNON 215 Orleans Street, Suite 40oA Beaumont, TX T/ 7o1 Tel: 409.209.4813 Fax: 409.727.486+7 j onathan@jvernonlaw. corn .tune 13, 2022 The project is a mixed -use building in the Central Business District located, The project is intended to be office space for legal services with an apartment for attached. The proposed specific use is a two -bedroom residence. The activities involved in the proposed use are those of daily living such as bathing, sleeping, eating, cooking, laundry, relaxing, and socializing. The use would be 24 hours a day, seven days a week, with the typical absences for work, shopping, etc. There would be no employees. Other than typical security devices such as locks and cameras, there is no additional security required, Sincerely, Jonathan Vernon LN r lir u tr�fr�crrrn `I /fir',i/N Y /�y,/ o X L +I}`7ilg ,,-I 4P D- 3 �i63a - 7NLLtlVMa p a s a u g uti gg33 � 'A o x LL aoa &AS 091 P Fa It -W lip Xl Ii.l'/�%H Id2O N1ln6 N?�-N'{{J5pp3agg-��gqVJ;IlddvNa p 16'ANY'dMA veldjooldIst d�D�tid I a] o a NONNI ` N � A Y yy S O p/ �9y [s IS Fmk d � f: WGG W H I R gBgpy ta 2 a` Eq S 0 S E r � s I .. .._ ' f k k .: • Y : 4r� f r .� j t v rr' XI'lNoNnvae IS NNY44 L69 NYIJ'aNfl.LXW IDNiewn c4 NONN5A 10481SY03411 - iolk us N ---------- tu ---------------- --------------- z U) z C� LL z %J ------- ------ -------------------------------------------------- -------------------------------------- J : 19 Mh ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DWELLING UNIT AND LAW OFFICE IN THE CENTRAL BUSINESS DISTRICT (CBD) FOR PROPERTY LOCATED AT 681 PARK STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Jonathan Vernon has applied for a specific use permit to allow a dwelling unit and law office in the Central Business District (CBD) for property located at 681 Park Street, being Lot 321, Block 50, Tracts 1 & 2, Beaumont Addition, Beaumont, Jefferson County, Texas, containing 0.13 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a dwelling unit and law office in the Central Business District (CBD) for property located at 681 Park Street, subject to the following condition; and, • Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre-treatment and/or F.O.G. program as well as all applicable Building and Fire Codes; WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a dwelling unit and law office is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a dwelling unit and law office in the Central Business District (CBD) for property located at 3681 Park Street, being Lot 321, Block 50, Tracts 1 & 2, Beaumont Addition, Beaumont, Jefferson County, Texas, containing 0.13 acres, more or less, as shown on Exhibit "A," is hereby granted to Jonathan Vernon, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition; • Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre-treatment and/or F.O.G, program as well as all applicable Building and Fire Codes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances 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 ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of August, 2022. - Mayor Robin Mouton - 'Z2022-247; A request for a Specific Use Permit to allow a dwelling unit along with a new law ffice in the CBD (Central Business District), ►pplicant: Jonathan Vernon ,ocation: 681 Parr Street 0 ioO 20© 1 1 1 1 Feet fONIII kIMAN 1 a GULF COART 3H.Com d N PSt /1P7�G - PE6'GN - cGtfEV_ir J FSLIC_5SGGLG!42id151)�_C Plot Platt EXHIBIT "B" VERNON 01 PARK 5T REAUMONT, TX ..�.�. N August 23, 2022 Consider a request for a Specific Use Permit to allow a new railroad spur in an RS (Residential — Single -Family Dwelling) District for the property located on the northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block of Fannin Street TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Chris Boone, Interim City Manager MEETING DATE: August 23, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a new railroad spur in an RS (Residential — Single -Family Dwelling) District for the property located on the northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block of Fannin Street. BACKGROUND BNSF Railway Company is requesting a Specific Use Permit to allow a new railroad spur south of Fannin Street and east of 4"' Street. Some of that area, specifically the northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block of Farmin Street, are currently zoned RS (Residential Single -Family Dwelling). This zoning district requires a Specific Use permit for a new railroad track. Existing tracks are located to the north and cast adjacent to this location. Properties to the west and south of the new proposed railroad spur are single-family residential homes. In the interest of preserving the value of these properties, an eight (8) foot tall brick or masonry wall or berm will be required along the edge of the new railroad tracks, adjacent to the residential homes. In addition, a ten (10) foot wide landscaped buffer containing one (1) class A or two (2) class B trees for every twenty-five (25) linear feet, will be required along the same perimeter. Where existing trees can be preserved along this perimeter, no new landscaping will be needed. The brick or masonry fence or berm should be next to the tracks with the landscaping on the outside, closer to the residences. This item was previously tabled over concerns there would be no room for the requested wall/berm, but revisions have been made to the design to allow for this condition. At a Joint Public Hearing held on August 15, 2022, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a new railroad spur in an RS (Residential — Single -Family Dwelling) District for the property located on the northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block of Fannin Street with the following conditions: 1. Construct an eight (8) foot tall brick or masonry wall or berm along the east edge of the new railroad tracks adjacent to existing residential properties. 2. A ten (10) foot wide landscaped strip with trees along the west perimeter of the new railroad track outside of the required wall or berm where existing trees cannot be preserved. 3. Contingent on approval by Planning Office, BNSF participate in the City's rail crossing enhancement program by permitting pedestrian crossing at BNSF's rail lisle at Riverfront Park. 4. Add trees abutting the proposed wall adjacent to existing residential properties. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions; 1. Construct an eight (8) foot tall brick or masonry wall or berm along the east edge of the new railroad tracks adjacent to existing residential properties. 2. A ten (10) foot wide landscaped strip with trees along the west perimeter of the new railroad track outside of the required wall or berm where existing trees cannot be preserved. 3. Contingent on approval by Plamring Office, BNSF participate in the City's rail crossing cn�iancement program by permitting pedestrian crossing at BNSF's rail line at Riverf ont Park. 4. Add trees abutting the proposed wall adjacent to existing residential properties. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: PAY FEES Case Sub Type: Specific Use Permit Tag Name: Request for Specific Use Permit Case #: PZ2022-216 Initiated On: 5/25/2022 4:06:46PM Location: 2661 FANNIN ST, BEAUMONT, TX Individuals fisted on the record: Applicant BNSF Railway c/o Jonathan Hart Home Phone: 335 E. Palm Lane Work Phone: Phoenix, AZ 85004 Cell Phone: 7137759015 E-Mail: Jonathan@rowadvisors.com Property Owner BNSF Railway Company Home Phone: 2650 Lou Menk Drive Work Phone: Fort Worth, TX 76131 Cell Phone: E-Mall: Agent Jonathan Hart Home Phone: 335 E. Palm Lane Work Phone: Phoenix, AZ 85004 Cell Phone: 7137759015 E-Mail: Jonathan@rowadvisors.com Case Type: Planning and Zoning Page 1 of 2 Case #: P72022-216 Printed On: 5/25/2022 BEAUMONT Planning & Community Development Legal Description - Lots 9, 10, 11 and 12 in Block 31 of the Cartwright Terrace Addition -- currently zoned as Residential Single Family. - Lots 1, 2, 3, and 4 in Block 32 of the Cartwright Terrace Addition — currently zoned as Residential Single Family. Number of Acres 2.00 Proposed Use Industrial - rail That the specific use will be The subject property and surrounding properties are located between compatible with and not injurious to two existing railroad segments and adjacent to Industrial property. the use and enjoyment of other The construction and operation of a connector track will not be property, nor significantly diminish or injurious to the use and enjoyment of other property, or significantly Impair property values within the diminish or impair property values within the immediate vicinity. Immediate vicinity That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping and screening to Insure harmony and compatibility with adjacent property That the proposed use is in accordance with the Comprehensive Plan Notes: Case Type: Planning and Zoning Case #: PZ2022-216 The surrounding vacant property is located between two existing railroad segments and adjacent to industrial property. The construction and operation of a connector track will not impede the normal and orderly development and improvement of surrounding vacant property. Adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided in coordination with the City of Beaumont. The plans provide for the safe and convenient movement of vehicular and pedestrian traffic. The project will be constructed in accordance with existing established standards for Class I railroads. BNSF does not intend to Install Ijghting on the subject property. The subject property will be incorporated into BNSF's Maintenance of Way inventory. The proposed use does not adversely impact the Comprehensive Plan. Page 2 of 2 Printed On: 512512022 May 25, 2022 Planning and Zoning Commission City of Beaumont 801 Main Street, Suite 210 Beaumont, TX 77701 RE: BNSF Railway Company — Specific Use Permit Request Dear Commission, On behalf of BNSF Railway Company, please accept this letter requesting a Specific Use Permit to allow for the construction and operation of a connector track on the subject property. The subject property consists of the following: Lots 9, 10, 11 and 12 in Block 31 of the Cartwright Terrace Addition — currently zoned as Residential Single Family. Lots 1, 2, 3, and 4 in Block 32 of the Cartwright Terrace Addition — currently zoned as Residential Single Family. BNSF recently acquired the property for the purpose of constructing and operating a connector track linking two existing segments. The purpose of the track improvements is to serve the area market while improving efficiency on their network by reducing the number of stops, increasing fuel efficiency, reducing emissions, and enabling track maintenance to be completed without holding trains. The operations will be on an intermittent continuous basis, with no employees being located permanently on the property. BNSF has internal police/security available to respond to security concerns. BNSF respectfully requests consideration of this request in connection with PZ Application 2022- 186 and 2022-187, both of which are related to the same project crossing the subject property. Thank you I n advance for your time and consideration. Respectfully Submitted, Jonathan Hart Attorney at Law R.O.W. Advisor's, LLC Tel: (713) 775-9015 Email: jonathan@rowadvisors,com 0 0 o� as LU 5r�U W w;:3ww Z?warn crwww w�LLJLLI .j to i !�Y_4lc�Fif_µ•i1) � �� ram,` ;I�' �¢ '._�•.... IIX I u-z G AIL r•y�s N v�'— g < zO� n mq n Ke g ,.Sg. CL 5�a'o �3 O N oil P �Ge Wd.z m Ez 3 � � � 8 � E ► ®� HI:¢i� �3�Ya �fafafa� ORDINANCE NO, ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RAILROAD SPUR IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED ON THE NORTHEAST AND WEST SIDES OF THE 600 BLOCK OF AMARILLO STREET AND THE SOUTH SIDE OF THE 2600 BLOCK OF FANNIN STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, BNSF Railway Company has applied for a specific use permit to allow a railroad spur in an RS (Residential Single Family Dwelling) District for property located on the northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block of Fannin Street, being Lots 9-12, Block 31 and Lots 1-4, Block 32, Cartwright Terrace Addition, Beaumont, Jefferson County, Texas, containing 1,58 acres, more or less as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a railroad spur in an RS (Residential Single Family Dwelling) District for property located on the northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block of Fannin Street, subject to the following conditions: • Construct an eight (8) foot tall brick or masonry wall or berm along the east edge of the new railroad tracks adjacent to the existing residential properties; • A ten (10) foot wide landscaped strip with trees along the west perimeter of the new railroad track outside of the required wall or berm where existing trees cannot be preserved; • Contingent on approval by Planning Office, BNSF participate in the City's rail crossing enhancement program by permitting pedestrian crossing at BNSF'S rail line at Riverfront Park; • Add trees abutting the proposed wall adjacent to existing residential properties; and; WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a railroad spur is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a railroad spur in an RS (Residential Single Family Dwelling) District for property located on the northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block of Fannin Street, being Lots 9-12, Block 31 and Lots 1-4, Block 32, Cartwright Terrace Addition, Beaumont, Jefferson County, Texas, containing 1,58 acres, more or less, as shown on Exhibit "A," is hereby granted to BNSF Railway Company its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Construct an eight (8) foot tall brick or masonry wall or berm along the east edge of the new railroad tracks adjacent to the existing residential properties; • A ten (10) foot wide landscaped strip with trees along the west perimeter of the new railroad track outside of the required wall or berm where existing trees cannot be preserved; • Contingent on approval by Planning Office, BNSF participate in the City's rail crossing enhancement program by permitting pedestrian crossing at BNSF'S rail line at Riverfront Park; • Add trees abutting the proposed wall adjacent to existing residential properties. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances 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 ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of August, 2022. - Mayor Robin Mouton - M2-216: A request for a Specific Use Permit to allow a new railroad spur ill all RS ddential — Single -Family Dwelling) District, Aicant: BNSF Railway c/o Jonathan Hart ation: The northeast and west sides of the COD block of Amarillo Street and the south side c 2600 block of Tannin Street 0 100 200 1 - _ i I I Feet EXHIBIT "A" No Text If FO/N)F rrmYr �� h\1n10}71f6-Kc�'✓�SS\[[�.\S-f Llt\lOIEF7 • 1fA'P4 )I,GGla111-fi�D}.6/, K.SmC , S . � �•� E 7%g ]i111 I l i ]ia ac�i16� I i ]iRA)cd1 9 II [ I I i EinifFe`[! f VA F1 5 ; ]I! K f E R.�{{Ye I ' 1G ff O rln <T f j n 7< h i Y I)11 I P 1/fl ��6s J :5.59 l t M!— I Y ,).)1 � I P I/R {I. Ssp?� IIIIr j Y IJ0 r II n �I.aT E I� I o l Ys. i It f r.�kn I0e .L_ f Ir c. i '4r i y ��':Y I_.•�. . � I i 0 9 : i Y VE4 NU 1:2".39 AV 1,�7�16l4�[i-Cr4•W.41(IxlltrEf 13�'F4,/Rf SW'rd 5r3C141S(•FPC.Cy, Tt _ F nmG a IS H 119 la 111 n ` 3 P FfR { 0.7 V ff I 1 i � I_ %Sill PT%R i0G ! 2-2A CYR I j .'t �.,.... _ •P - N Vil I I it fox 71 %,lJA 3Ia ➢mil. � III � � k `...... ...�..I , S lil _.g_...I P TO 20.0 3 3 ?S P r/A 10:0 r l l Pn,s o3 ils `!1S RI ft! I i i`E R ,Ihl I • E E 4 i PTrt i�ri5 1 E I �_ G7 e 1 S t _ _...... P YR f�.744.�.. P 1/N 1 ff r Ila I" 1 I I 4Ifvan•U� P F/H i4.YR c tl�1 ,/.1S I Il Rrlan.s Ill I € I Illy; 3 August 23, 2022 Consider amending Section 20.03.004 of the Speed Regulations Ordinance BEAUMONT IT E Y 4. S TO: City Council FROM: Chris Boone, Interinx City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Tecluiology Services MEETING DATE: August 23, 2022 REQUESTED ACTION: Council consider amending Section 20.03.004 of the Speed Regulations Ordinance. BACKGROUND Staff is recommending changes to the Speed Limits Decreased in School Zones Section 20.03.004. The proposed change is to delete the "Schedule" column that describes the times for school ;tones per each school. This change is requested to facilitate the annual changes to school hours of operation without having to further amend the ordinance each school year. Staff recommends replacing the second paragraph of Sec. 20.03,004 with the following language; "In accordance with this section, and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour for each school zone, Monday through Friday on school days. All existing school zone tunes are set so that the zones are active 45 minutes prior to the first activity of the day and extend 30 minutes past the first bell. In the afternoon the zones are active 30 minutes prior to the closing bell and for 45 minutes after the closing bell as provided by the schools." FUNDING SOURCE None. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20.03.004 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS BY RESTRUCTURING THE SCHOOL ZONES SPEED LIMIT LIST; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 20, Section 20.03.004 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended by restructuring the school zones list to read as follows: See. 20.03.004 Speed limits decreased in school zones It is hereby determined, upon the basis of an engineering and traffic investigation, that the speed permitted by state law upon those streets, or portions of streets, described in the following schedule is greater than is reasonable or safe under the conditions found to exist upon such streets and it is hereby declared that the prima facie speed limit upon those streets or portions thereof described in the following schedule shall be decreased as therein stated and the limits so declared shall be effective at the times specified therein when signs are erected giving notice thereof. In accordance with this section, and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour for each school zone below, Monday through Friday at the times posted on the school zone sign that are provided by the schools each year: School Street Direction of Description Travel From a point 30 feet east of the All Saints Episcopal Delaware Street E&W centerline of Briarcliff Drive to a point School 280 feet east of the centerline of West Lucas Drive. From a point 100 feet south of the All Saints Episcopal French road N&S centerline of Diane Drive to a point 150 School south of the centerline of Blackmon Lane. From a point 50 feet north of the Amelia Elementary & Major Drive N&S centerline of Braeburn Lane to a point Vincent Middle School 100 feet north of the centerline of Morgan Lane. Amelia Elementary & From a point 80 feet east of the Vincent Middle School Drennan Road E&W centerline of Major Drive to the centerline of Trojan Drive, From a point 45 feet south the centerline Amelia Elementary & Eldridge Drive N&S of McLean Street to a point 70 feet north Vincent Middle School of the centerline of Coburn Drive. From a point 225 feet west of the Amelia Elementary & McLean Sheet E&W centerline of Trojan Drive to a point 35 Vincent Middle School feet east of the centerline of Eldridge Drive Amelia Elementary & Trojan Drive N&5 From the centerline of McLean Street to Vincent Middle School the centerline of Drennan Road. From a point 100 feet north of the Beaumont United High Fourth Street N&S centerline of Southerland Street to a School point 90 feet south of the centerline of Glenwood Avenue From a point 650 feet west of the Beaumont United High Fannett Road N&S centerline of Westmoreland Street to a School (S.H. 124) point 250 feet cast of the centerline of Fifth Street From a point 65 feet west of the Bingham Head Start Pre-K Florida Avenue E&W centerline of Kenneth Street to a point 375 feet east of the centerline of Highland Avenue. From a point 375 feet north of the Bingham Head Start Pre-K Highland N&S centerline of Florida Avenue to a point Avenue 375 feet south of the centerline of Florida Avenue. From a point 35 feet south of the Bingham Head Start Pre-K South Kenneth N&S centerline of Florida Avenue to a point Street 50 feet north of the centerline of Winfi•ee Street. From a point 25 feet west of the Blanchette Elementary & Lela Street E&W centerline of Usan Street to a point 150 Odom Academy feet west of the centerline of Goliad Street. From a point 180 feet north of the Blanchette Elementary & Goliad Street N&S centerline of Lela Street to a point 180 Odom Academy feet south of the centerline of Sarah Street. Blanchette Elementary & From a point 250 feet east of the Odom Academy Sarah Street E&W centerline of Usan Street to a point 250 feet west of the centerline Goliad Street. Blanchette Elementary & From the centerline of West Virginia Odom Academy Usan Street N&S Street to a point 50 feet north of the centerline of Lela Street. From a point 220 feet north of the Blanchette Elementary & Fourth Street N&S centerline of West Virginia Street to a Odom Academy point 180 feet south of the centerline West Virginia Street. Blanchette Elementary & W. Virginia From a point 180 feet west of the Odom Academy Street E&W centerline of Goliad Street to a point 295 feet west of the centerline Beale Street. From a point 1,400 feet east of the Bob Hope School Park North E&W centerline of Eastex Freeway Feeder Drive road to a point 160 feet south of the centerline of Sunbird Lane From the centerline of North Caldwood Caldwood Elementary Berkshire Lane N&S Drive to a point 65 feet north of the centerline of Stratton Lane. N. Caldwood From a point 300 feet east of the Caldwood Elementary Drive E&W centerline of East Caldwood Drive to the centerline of Berkshire Lane. From a point 40 feet north of the Charlton -Pollard Brooklyn Street N&S centerline of Cuniff Avenue to a point Elementary 225 feet north of the centerline of Lincoln Street. Charlton -Pollard Cuniff Avenue E&W From the centerline of Irving Street to Elementary the centerline of Brooklyn Street. From a point 50 feet north of the Charlton -Pollard Irving Street N&S centerline of Cuniff Avenue to a point 50 Elementary feet north of the centerline of Schwarner Street. Charlton -Pollard From a point 45 feet west of the Jackson Street E&W centerline of Brooklyn Street to the Elementary centerline of Irving Street. From a point 95 feet north of the Dish►nan Elementary Champions Champions l &W centerline of Walden Road to a point 220 feet north of the centerline of Lauretwood Street, From a point 500 feet west of the Dishman Elementary Walden Road E&W centerline of Champions Drive to a point 500 feet east of the centerline of Champions Drive Dr. Mae E. Jones -Clark From a point 65 feet west of the Elementary Arthur Street E&W centerline of Overbrook Lane to the centerline of Cleveland Street. From a point 225 feet south of the Dr. Mae E. Jones -Clark Cleveland Street E&W centerline of Ives Street to a point 225 Elementary feet north of the centerline of Arthur Street. Dr. Mae E. Jones -Clark From a point 220 feet west of the Elementary Taft Street E&W centerline of Cleveland Street to the centerline of Cleveland Street. From a point 250 feet north of the Dr. Martin Luther King, Jr. Avenue A N&S centerline of Blanchette Street to a point Middle School 250 feet north of the centerline of Craig Street From a point 250 feet north of the Dr. Martin Luther King, Jr, Avenue C N&S centerline of Blanchette Street to a point Middle School 250 feet north of the centerline of Craig Street Martin other King, Jr' From a point 45 feet west of the M Middle School Blanchette Street E&W centerline of Avenue A o a point 45 feet east of the centerline of Avenue C, Dr. Martin Luther King, Jr. From a point 45 feet west of the Middle School Craig E&W centerline of Avenue A o a point 45 feet east of the centerline of Avenue C. From a point 170 feet west of the Early College High School Austin Street N&S centerline of Driskil Street to a point 30 feet west of the centerline of Eastex Freeway west service road From a point 450 feet east of the Ehrhart School Fannin Street E&W centerline of 8th Street to a point 570 feet west of the centerline of 8th Street. From a point 35 feet east of the Fehl-Price Elementary Blanchette Street E&W centerline of 6th Street to a point 50 feet west of the centerline of Condon Street. From a point 425 feet east of the Fehl-Price Elementary Corley Street E&W centerline of Eight Street to a point 330 west of the centerline of Eight Street. From a point 200 feet north of the Fletcher Elementary Avenue E N&S centerline of Gilbert Street to the centerline of Gilbert Street. From a point 40 feet north of the Fletcher Elementary Avenue F N&S centerline of Gilbert Street to a point 40 feet north of the centerline of Franklin Street. From a point 40 feet east of the Fletcher Elementary College Street E&W centerline of Avenue E o a point 295 feet west of the centerline of Avenue F. From a point 40 feet west of the Fletcher Elementary Franklin Street E&W centerline of Avenue E o a point 275 feet west of the centerline of Avenue F. From a point 35 feet east of the Fletcher Elementary Gilbert Street E&W centerline of Avenue F to a point 50 feet west of the centerline of Avenue E. From a point 65 feet east of the Fletcher Elementary Milani Street E&W centerline of Avenue E to a point 40 feet east of the centerline of Avenue F, From a point 200 feet east of the Harmony Science Calder Avenue E&W centerline of Twenty -Fourth Street to a Academy point 445 feet west of the centerline of Twenty -Fourth Street. From a point 40 feet east of the Homer Drive Elementary Homer Drive N&S centerline of House Road to the Beaumont Independent School District boundary of Homer Elementary From a point 40 feet east of the Homer Drive Elementary White Oak Lane E&W centerline of Lawrence Drive to the Beaumont Independent School District Boundary of Homer Elementary School From a point 280 feet east of the Legacy Christian Academy SH 105 E&W centerline of Deerfield Drive to a point 785 feet west of the centerline of Windswept Drive From a point 420 feet cast of the Lucas Pre-K Center E. Lucas Drive E&W centerline of Windsor Street to a point 325 feet west of the centerline of Windsor Street. From a point 400 feet south of the Lucas Pre-K Center Magnolia N&S centerline of Trinidad Street to a point 50 Avenue feet south of the centerline of East Lucas Drive From a point 165 feet north of the Marshall Middle School Dowlen Road N&S centerline of Gladys to a point 300 feet south of the centerline of Westgate. Marshall Middle School Gladys Avenue E&W From the centerline of Dowlen Road to a point t75 feet east of Wood Park Street. From a point 100 feet west of the Marshall Middle School Westgate Drive E&W centerline of Ivy Lane to a point 295 feet west of the centerline of Dowlen Road. Magnolia From a point 80 north of the centerline of Martin Elementary Avenue N&S Delaware Street to a point 50 south of the centerline of Prince Street. From a point 65 feet east of the Martin Elementary Martin Street E&W centerline of Pine Street to a point 50 feet west of the centerline of Taliaferro Drive. From a point 50 feet south of the Martin Elementary Pine Street N&S centerline of Pollard Street to a point 30 feet south of the centerline of Hill Street. From a point 35 feet east of the Pathways Learning Center Lyle Street E&W centerline of Victoria Street to a point 40 feet east of the centerline of Avenue A. From a point 250 feet south of the Pathways Learning Center Orange Street N&S centerline of Emma Street to a point 180 feet north of the centerline of Bolivar Street. From a point 35 feet south of the Pathways Learning Center Victoria Street N&S centerline of Lyle Street to a point 220 feet north of the centerline of Bolivar Lane. Paul A. Brown Credit Jaguar Street N&S From the centerline of South Street to the Recovery Center centerline of Smart Street. From a point 250 feet west of the Paul A. Brown Credit South Street E&W centerline of Oxford Street to a point 300 Recovery Center feet east of the centerline of Jaguar Street. Pietzsch-MacArthur From a point 50 feet west of the Elementary &South Park Lavaca Street E&W centerline of Sullivan Street to a point 50 Middle School feet east of the centerline of Lakner Street. Pietzsch-MacArthur From the centerline of Grandberry Street Elementary & South Park Woodrow Street E&W to a point 30 feet west of the centerline Middle School of Maddox Street, Pietzsch-MacArthur From a point 150 feet south of the Elementary & South Park Highland N&S centerline of Nolan Street to a point 50 Middle School Avenue feet south of the centerline of Clark Street. Pietzsch-MacArthur E, Virginia From the centerline of Highland Avenue Elementary & South Park Street E&W to a point 225 feet west of the centerline Middle School of Hartel Street. From a point 50 feet north of the Regina -Howell Elementary Howell Street N&S centerline of Derby Street to a point 125 feet south of the centerline of Regina Lane. From a point 275 feet east of the Regina -Howell Elementary Regina Lane E&W centerline of Howell Street to a point 650 feet west of the centerline of Howell Street. From the centerline of Old Voth Road to Roy Guess Elementary Griffing Road E&W a point 1,005 feet west of Old Voth Road. From a point 150 feet north of the Roy Guess Elementary Old Voth Road N&S centerline of Lawrence Drive to a point 100 feet south of the centerline of Griffing Road From the centerline of Peyton Drive to a Sallie Curtis Elementary N. Circuit Drive E&W point 225 feet east of the centerline of Belvedere Parkway. From a point 50 feet south of the Sallie Curtis Elementary Peyton Drive N&S centerline of Wynden Way to the centerline of North Circuit Drive. From a point 615 feet west of the Sallie Curtis Elementary Westgate Drive E&W centerline of Peyton Drive to the intersection of Westgate Drive and Peyton Drive. From a point 50 feet west of the St. Anne Catholic School Liberty Avenue W centerline of Eleventh Street to a point 50 feet west of the centerline of Thirteenth Street. From a point 115 feet east of the St. Anthony Cathedral Forsythe Street E&W centerline of Jefferson Street to a point Basilica School 170 feet west of the centerline of Archie Street. Phelan From a point 1,150 feet west of the Westbrook High School Boulevard E&W centerline of Major Drive (FM 364) to a point 2,830 feet west of Smart Street. Willie Ray Smith Middle From a point 55 feet south of the School Carlisle Drive N&S centerline of Concord Road to a point 40 feet north of French Road. From a point 400 feet north of the Willie Ray Smith Middle Concord Road N&S centerline of Carlisle Drive to a point School 225 feet south of the centerline of Pinkston Street Section 2. That if any section, subsection, sentence, clause of 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 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01,009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of August, 2022. - Mayor Robin Mouton - ME August 23, 2022 Consider authorizing the Interim City Manager to provide additional funding and TxDQT concurrence to award a contract to Vaca Underground Utilities, Inc., of Houston, for the 2020 Highway Safety Improvements Program (HSIP) Interconnect Signals project r TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: August 23, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to provide additional funding and TxDOT concurrence to award a contract to Vaca Underground Utilities, Inc., of Houston, for the 2020 Highway Safety Improvements Program (HSIP) Interconnect Signals project. BACKGROUND On .tune 28, 2022, by Resolution No. 22-160, City Council authorized the Interinn City Manager to amend the Advance Funding Agreement (AFA) with TxDOT to alter the scope of work for the 2020 Highway Safety Improvements (HSIP) Interconnect Signals Project. The scope of work for this project is described as interconnecting signals on Fourth Street (from Calder Ave. to Sarah St.) and on Gladys Avenue (from Edson Dr. to Central Dr.). Vaca Underground Utilities, Inc., the apparent low bidder, submitted a bid totaling $850,170.00. The maximum Federal and State contribution for this project is $660,290,00, therefore the City will be expected to find the remaining $189,880.00. City staff reconninnends the additional finding and providing concurrence to TxDOT for awarding the contract to Vaca Underground Utilities, Inc. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 22-160 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 Advance Funding Agreement (Ai=A) with the Texas Department of Transportation (TxDOT) for the 2020 Highway Safety Improvements Program (HSIP) Interconnect Signals Project, The meeting at which this resolution was approved was in all things conducted In strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 651. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June, 2022. Mayor Robin Mouton - DocuSign Envelope ID: B60571D9-85F7-4295-B1AR-FE051F574CD5 STATE OF TEXAS § COUNTY OF TRAVIS § CSJ # 0920-38-280 and 0920-38-281 District # 20-BMT AFA ID: z00002333 Code Chart 64 # 03200 Project: 2020 HSIP Interconnect Signals Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development ADVANCE FUNDING AGREEMENT AMENDMENT # 1 THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the State, and the City of Beaumont, acting by and through its duly authorized officials, called the Local Government. WITNESSETH WHEREAS, the State and the Local Government executed a contract on the 16th, of February 2022 to effectuate their agreement to undertake and complete a highway improvement or other transportation project generally described as 2020 HSIP Interconnect Signals; and, WHEREAS, it has become necessary to amend that contract to reflect the removal of work associated with 0920-38-282 and 0920-38-284, NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, the State and the Local Government do agree as follows: AGREEMENT 1. Description of Amended Hems With this amendment, the scope, budget, and location map is changed. ATTACHMENT B LOCATION MAP SHOWING PROJECT, is deleted in its entirety and is replaced with ATTACHMENT B-2 LOCATION MAP SHOWING PROJECT, which is attached to and made part of this amendment. ATTACHMENT C PROJECT BUDGET, is deleted in its entirety and is replaced with ATTACHMENT C-2 PROJECT BUDGET, which is attached to and made part of this amendment. The budget is increased by $16,770 from $739,020 to $755,790 as a result of changes to the scope. Article 3 Scope of Work, is deleted in its entirety and is replaced with the following: 3. Scope of Work The scope of work for the Project consists of interconnecting signals on various streets. 0920-38-280 includes interconnecting signals on 4th St. between Caldar Ave. and Sarah St.; AFA Amend Page 1 of 2 Revised 1119I2021 DocuSlgn Envelope ID: BBC571 D9-85F7-4295-131AB-FE051 F574CD6 CSJ # 0920-38-280 and 0920-38-281 District # 20-BMT AFA ID: Z00002333 Code Chart 64 # 03200 Project: 2020 HSIP Interconnect Signals Federal Highway Administration CFDA Title: Highway Planning and Construction CFDA No.: 20.205 Not Research and Development 0920-38-281 includes interconnecting signals on Glady's Ave. between Edson Dr. and Central Dr. All other provisions of the original contract are unchanged and remain in full force and effect. 2. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Each party is signing this amendment on the date stated under that party's signature. T ,r�, GOVERNMENT (�C,vis l�oal�, Signature _Chris Boone Typed or Printed Name _Interim City Manager. Title 7/7/2022 Date TH�ana�e OF TEXAS F t,ln,ln.ttw Ke- n'r i � 0 Tiewart Director of Contract Services Texas Department of Transportation 7/7/2022 Date AFA Amend Page 2 of 2 Revised 11/9/2021 DocuSign Bnvelnpe ID; BBC571D9-85F7-4295-B1A8-FB051F574CDB TXDOT, Federal Highway Administration; CSJ # 0920-38-280 and 0520-38-281 CFDA No. 20.205 District # BMT - 20 1 AFA ID I Z00002333 CFDA Title Highway Planning and Construction Code Chart 64 # 03200 Project Name 12020 HSIP Interconnect signals AFA Not Used For Research & Development !j it �695 � A I ATTACHMENT B-1 (1 of 2) LOCATION MAP SHOWING PROJECT 4sa.fiu1.7.eu-.�rs-zuv '"S,=CalderAve Yt 7 i t;tfLl..l`t3E� - taSarab t ,.,.j I t . } IE � I �!urtt 71 _1 I 69{ 0920-38-280 - 4th Street beginning at Calder Avenue and ending at Sarah Street Page 1 of 2 AFA LongGen Attachment B DocuSign Envelope ID: BBC571D9-85F7-4295-BLAB-FE051F574CD6 TxDOT: Federal Highway Administration: CSJ # 0920-38-280 and 0920-38-281 CFDA No. 20.205 District # BMT - 20 AFA ID 1 Z00002333 CFDA Title Highway Planning and Constructlon Code Chart 6 # 03200 Project Name 2020 HSIP Intorconnect signals AFA Not Used For Research & Development ! GtadysAve, I S' ATTACHMENT B-1 (2 of 2) LOCATION MAP SHOWING PROJECT �II Di., LA4;'AItE Iz If A 1 f ff [1 S6� 1 CSit0920.38-281 _�I �•` GizdyrAve.fram EdsonDr.toCentralDr. ,-, tr� -t;t.At)Ys n ro d a P M> jl j r,r rII ,,� 6AC'b t{ _ll � 0920-38-281 -- Glady's Avenue beginning at Edson Drive and ending at Central Drive Page 2of2 AFA LongGen Attachment B DocuSign Envelope In: BBC571 D9-85F7-4295-B1 A8-FE051 F574CD6 TXDOT: Federal Highway Administration: CSJ # 0920-38-280 and 0920-38-28� CFDA No, 20.205 District # 20-BMT AFA ID I ,Z00002333 CFDA Title Highway Planning and Construction Code Chart 64 # 03200 Project Name 1 2020 HSIP Interconnect signals AFA Not Used For Research & Development ATTACHMENT C-1 PROJECT BUDGET Costs will be allocated based on 100% Federal funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs. Description Total Estimated Cast Federal lVarticipation Partici ation tate cal 1krticipation Cost % Cost % Cost Engineering (by Local Government $0 10% $0 �0% Iso 0% $0 Construction (by State) 0920-38-280 $452,284 100% $452,284 0% $0 0% $0 Construction (by State) 0920-38-281 $208,006 100% $208,006 0% $0 0% $0 Subtotal $660,290 $660,290 $0 $0 vironmental Direct Nate Costs $1,500 0% $0 0% $0 100% $1,500 Right of Way Direct State Casts $0 0% $0 0% $0 0% $0 Engineering Direct State Casts $5,000 0% $0 0% $0 100% $5,000 Utility Direct State Costs $0 0% $0 0% $0 0% $0 Construction Direct State Costs $60,000 0% $0 0% $0 100% $60,000 Indirect State Costs $29,000 �0% 1$0 100% $29,000 0% $0 TOTAL $755,790 $660,290 1$29,000 $66,500 Initial payment by the Local Government to the State: $6,500.00 Payment by the Local Government to the State before construction: $60,000.00 Estimated total payment by the local Government to the State $66,500.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. Page 1 of 1 AFA LongGen Attachment C 'troy Pierce Credit Card Form for AUG 2022 (From JULY 6 -Aug 5) Purchase Information Budget Info Company Name Transaction Transaction Description of Purchase Account Number Line Date Amount item License Renewal for Jeremy TCEQ 7/6 $111.00 Flowers (Operator C Lic 510-8030-801-3230 #iWS0012823) TCEQ 7/7 $26.95 PM Express 1-Day Delivery to 510-8030-801-2010 TCEQ MC-214 License testing for Jeremy TCEQ 7/6 $113.75 Flowers SURFACE WATER 510-8030-801-3230 TREATMENT OPERATOR B (Ref60312/Voucher585623) Basic Water Online Class for TWUA 8/2 $395.00 Michael Harrison (Invoice 510-8030-801-3225 47864D) M&D Supply 8/3 $14.39 Rags in a Box 510-8030-801-2025 Sheetrock and drywall L&W Supply 8/3 $166.68 adhesive for the Operator 510-8030-801-2215 Station I Total 11 $827.77 Entered Online? User Name tplerce04 ❑ Yes Entered Into Budget? Password PIN31550 ❑ Yes Changed 06/09/2022 1S50PiN3 Changed 02/21/2022 avorf e Tpnrhpr City Mother's Middle Name Rusty Beaumont Merle RESOLUTION NO. WHEREAS, on June 28, 2022, the City Council of the City of Beaumont, Texas, passed Resolution No. 22-160 authorizing the Interim City Manager to execute an amendment to the Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for the 2020 Highway Safety Improvements Program (HSIP) Interconnect Signals Project; and, WHEREAS, Vaca Underground Utilities, Inc,, of Houston, Texas, the apparent low bidder, submitted a bid totaling $850,170.00; and, WHEREAS, the maximum Federal and State contribution for this project is $660,290.00, therefore the City will be expected to fund the remaining $189,880.00; and, WHEREAS, City staff recommends the additional funding and providing concurrence to TxDOT for awarding the contract to Vaca Underground Utilities, Inc., of Houston, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT additional funding in the amount of $189,880,00 and concurrence to the Texas Department of Transportation (TxDOT) for awarding the 2020 Highway Safety Improvements Program (HSIP) Interconnect Signals Project to Vaca Underground Utilities, Inc., of Houston, Texas, be and hereby are approved. 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 23rd day of August, 2022. - Mayor Robin Mouton