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HomeMy WebLinkAbout03/07/2023 PACKET--�r - s ✓ rN vm � w TEWXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS -- CITY HALL — 801 MAIN STREET TUESDAY, MARCH 7, 2023 1:30 PM AGENDA CALL TO ORDER • Invocation Pledge Roll Call • Proclamations, Presentations and Recognitions • Public Comment -- Persons may speak on the Consent Agenda and Items 1 --- 11. • Consent Agenda CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered noncontroversial. The Consent Agenda can he 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 February 21, 2023 City Council Meeting Minutes B. Confirmation of board and commission member appointments: Spencer Jabbia would fill the unexpired term of Taher Quraishi on the Planning and Zoning Commission. The term would commence March 7, 2023 and expire September 30, 2023. (Councilmember Taylor Neild) C. Authorize the City Manager or his designee to reenter into a Cooperative Working Agreement with the Rape and Suicide Crisis Center of Southeast Texas, Inc. D. Authorize the City Manager to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT). E. Authorize the City Manager to execute a ground lease agreement with Ben Broussard for property located at the Beaumont Municipal Airport. F. Authorize the City Manager to authorize final payment to LD Construction and award the remaining contract amount to Gulf Coast, a CRH Company, for the Street Preservation Citywide Phase I Project. G. Authorize the City Manager to authorize final payment to LD Construction and award the remaining contract amount to Gulf Coast, a CRH Company, for the Street Rehabilitation Citywide Phase IV Project. H. Adopt an Electronic Signature Policy. REGULAR AGENDA 1. Consider authorizing the City Manager to execute the earnest money contract and all related documents for the sale of a 0.8439-acre city -owned property located at 125 Magnolia. 2. Consider approving a contract with Infrastructure Management Services (IMS) for pavement management and asset management solutions to be used by the Public Works Department. 3. Consider amending Ordinance No. 22-045 to remove condition number three (3). 4. Consider approving a request for a Specific Use Permit to allow a church in the Ll (Light Industrial) District located at 5750 S. Martin Luther King Jr. Parkway. 5. Consider approving a request for a Specific Use Permit to allow a contractor office with fabrication and outside storage in the GC -MD (General Commercial -Multiple - Family) District located at 545 Center Street. 6. Consider approving a request for a Specific Use Permit to allow a paint and body shop in the GC -MD (General Commercial -Multiple -Family) District located at 6255 Concord Road. 7. Consider approving a request to Rezone a portion of property from IRS (Residential Single -Family Dwelling) to RM-M (Residential Multiple Family -Medium Density) or more restrictive district for property located at 6730 Concord Road. 8. Consider approving a request for a Specific Use Permit to allow the expansion of a church in the RCR (Residential Conservation Revitalization) District located at 1685 Pennsylvania Street. 9. Consider approving a request to extend the deadline to allow a Substance Abuse Treatment Facility at 4655 Collier Street, as approved in June of 2018. PUBLIC HEARING • Dangerous Structures 10. Consider an ordinance to declare 39 structures to be unsafe structures and order the owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full, or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance. EXECUTIVE SESSION Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: Specifically, land owned by the City of Beaumont at 701-555 Main, Beaumont, Jefferson County, Texas. REGULAR AGENDA 11. Consider rejecting a proposal for the lease or purchase and redevelopment of the property located at 555 Main Street. COMMENTS • Public Comment (Persons are limited to 3 minutes) • Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION • Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code; Toye Frazier v City of Beaumont Cause No. E-206919 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. PUBLIC HEARING: March 7, 2023 Unsafe Substandard Structures Consider approval of an ordinance declaring certain structures to be unsafe substandard structures and ordering their removal within 10 days or authorizing the property owner to enroll the unsafe structure in a work program. 1. 1485 AVENUE G - STRUCTURE 2. 1580 AVENUE G - STRUCTURE 3, 5760 BIGNER - INCLUDES SHED 4. 890 BOYD - STRUCTURE 5. 990 BOYD - INCLUDES GARAGE 6. 995 COTTONWOOD --- STRUCTURE 7. 1455 COTTONWOOD -- INCLUDES CARPORT & 2 SHEDS 8, 3330 DOGWOOD STRUCTURE 9. 1255 EUCLID -INCLUDES GARAGE 10. 2332 EVALON - INCLUDES CARPORT & SHED 11. 2095 FILLMORE - STRUCTURE 12. 2110 FOCH - STRUCTURE 13. 7860 FOX CV - MOBILE HOME & CAMPER 14. 6630 FRINT - INCLUDES SHED 15. 1355 FULTON -STRUCTURE 16. 6160 GARNER - INCLUDES 2 SHED & GARAGE 17. 1390 GILBERT---GARAGE APARTMENT ONLY 18. 1040 GOLIAD - INCLUDES GARAGE 19. 1160 GOLIAD - STRUCTURE 20, 1370 W LAVACA - INCLUDES POOL - COMMERCIAL 21. 1359 MAGNOLIA --- COMMERCIAL 22. 2485 MAGNOLIA - STRUCTURE 23. 320 MANNING - STRUCTURE 24, 3505 MARIE -STRUCTURE 25, 2550 MILAM - INCLUDES SHED & DUPLEX (2540) 26. 8375 OAK RIDGE - STRUCTURE 27. 4795 PARK - STRUCTURE 28. 614 PRINCE - INCLUDES SHED 29. 2798 SAN JACINTO --- INCLUDES GARAGE 30. 2915 SAN JACINTO - STRUCTURE 31. 2455 SOUTHERLAND - STRUCTURE 32. 3438 ST JAMES -- INCLUDES SHED 33. 4565 STEELTON -- INCLUDES SHED 34. 710 SUNNY SIDE -STRUCTURE 35. 3395 TALIAFERRO - COMMERCIAL 36. 4020 USAN - STRUCTURE 37. 3880 WACO - INCLUDES SHED 38, 1720 WASHINGTON - GARAGE ONLY 39, 2910 WILLARD - INCLUDES SHED 0 TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: March 7, 2023 REQUESTED ACTION: Council consider approval of the February 21, 2023 City Council Meeting Minutes. T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner Jr., At -Large ROBIN MOUTON, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III FEBRUARY 21, 2023 Chris Durio, Mayor Pro Tem Tina Broussard, City Clerk Kenneth R. Williams, 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 February 21, 2023, at the City Hail 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 Presentation on Results of the Water and Sewer Revenue Bond Sale Presentation on the awarding and installation of a Turf Field at Sprott Park Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-7 Mayor Mouton called the council meeting to order at 1:30 p.m. Father Donny Flippo with Gospel Center 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 Tern Durio, Councilmembers Getz, Turner, Feldschau and Samuel. Absent: Councilmember Neild. Also, present were Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Recognition" -- Black History Month -- Recognizing Councilmember Audwin Samuel as the longest serving City Councilmember; accepting Councilmember Audwin Samuel Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-7 Claude Guidroz 3365 Briar Ct. Beaumont TX Spoke regarding item #5 on the agenda; recommendations for the Parks Capital Improvement Plan, set forth in Fiscal Year 2023 Minutes — February 21, 2023 Kenny Bough 9 Greenway Plaza Beaumont TX Spoke regarding item #6 on the agenda; Abiding Grace, a proposed Housing Tax Credit project located on the northeast quadrant of Cardinal Drive and Fannett Road Danielle Sutton 5140 Rosemary Dr. Beaumont TX Spoke regarding item #5 on the agenda, recommendations for the Parks Capital Improvement Plan, set forth in Fiscal Year 2023 Adam Horton 3656 S. Culpepper Circle Suite 4 Beaumont TX Spoke regarding item #7 on the agenda; Trinity Crossing, a proposed Housing Tax Credit project located at 1125 North 11 t" Street 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 February 14, 2023, City Council Meeting Minutes B. Confirmation of board and commission member appointments - Resolution 23-059 Eddie Senigaur would fill the unexpired term of Sandy Pate on the Planning and Zoning Commission. The term would commence February 21, 2023. (Mayor Robin Mouton) C. Authorize the City Manager to execute an agreement with Thomson Reuters West Government Services for database services - Resolution 23-060 D. Authorize the settlement of the lawsuit styled Piedad Hidalgo Johns and Juan Dimas v. City of Beaumont - Resolution 23-061 Councilmember Feldschau moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED AGENDA 1. Consider authorizing the City Manager to apply for the Film Friendly Certified Community program. Film Friendly Texas certified communities receive ongoing training and guidance from the Texas Film Commission regarding media industry standards, best practices and how to effectively accommodate media production in their communities. The Film Friendly Texas Minutes - February 21. 2023 program serves as an invaluable resource that helps position Beaumont as a premier destination for media production. The Film Friendly Texas program establishes an elevated platform for building relationships with community liaisons across the state who are eager to work with media industry professionals and can hit the ground running when contacted about filming in their area. The application will include (1) Attending a Film Friendly Texas training workshop (2) Passing administratively enforceable filming guidelines (3) Submitted photos of filming locations in Beaumont. Approval of Resolution. Councilmember Turner moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR THE FILM FRIENDLY CERTIFIED COMMUNITY PROGRAM. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Resolution 23-062 2. Consider authorizing the City Manager to enter into an agreement with Preferred Facilities Group — USA to replace the hot and chill water pipes located between the Beaumont Public Library and the Police Department. Pricing was obtained from two contractors, one utilizing TIPS (The Interlocal Purchasing System) procurement process and the low bid contractor utilizing Buy Board Texas Contract. TIPS and Buy Board Texas Contract provide municipalities with the means to purchase construction services at competitive prices contracted under the procurement statues of the State of Texas. The proposed scope of work shall consist of the installation of two hot water supply and return lines and two chill water supply and return lines between the Beaumont Police Department and the Beaumont Public Library. The lowest qualified bid was received from Preferred Facilities Group -- USA with a bid total in the amount of $772,356.65. Funds were budgeted in the FY23 Budget in the amount of $650,000.00 therefore leaving a shortfall of $122,356.65. Funds are available in the Capital Reserve. The hot and chill water lines originate at the Police Department and supply hot and chill water to the Beaumont Public Library and chill water to the Julie Rogers Theatre as well as supplying the same to the Police Department facility. The hot water supply lines have failed between the Police Department and the Public Library therefore causing the need for this project. Recently the chill water line developed a leak near the Police Department facility. Staff contracted with the Labiche Architectural Group to prepare drawings and specifications for the repair project with the intent to bore the new lines across College Street. The project was placed on the city bid list and only one contractor responded to the mandatory pre -bid meeting. Additional information was requested by the contractor and at that point staff recommended cancelling the bid process and adding additional information and placing the Minutes — February 21, 2023 project on the city bid list for the second time. The second bid process resulted in the receipt of two bids that resulted in a very low bid and much higher than expected bid. Since the project was unbudgeted at the time, staff recommended the bids be rejected due to the huge difference in the bid amounts. Facilities Maintenance staff regrouped and determined that the best method to cross College Street was too open cut the trench for the new lines. Staff prepared the open cut method drawings and combined them with the Architect and Engineers documents and solicited bids from the two above -mentioned contractors. Due to the immediate critical need to replace the hot and chill water lines, staff is recommending approval for the City Manager to enter into an Agreement with Preferred Facilities Group -- USA. Funds will come from the Capital Reserve. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH PREFERRED FACILITIES GROUP -USA, OF BEAUMONT, TEXAS UTILIZING THE BUY BOARD PROCUREMENT PROCESS IN THE AMOUNT OF $772,356.66 TO REPLACE THE HOT AND CHILL WATER PIPES LOCATED BETWEEN THE BEAUMONT PUBLIC LIBRARY AND THE POLICE DEPARTMENT AND FUNDS THAT WERE BUDGETED IN THE FY23 BUDGET IN THE AMOUNT of $650,000.00 THEREFORE LEAVING A SHORTFALL OF $122,356.66, WHICH IS AVAILABLE IN THE CAPITAL RESERVE FUND. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Resolution 23-063 3. Consider amending Title I Chapter 20 Section 20.03.003 of the Code of Ordinances that would change the speed limit on Sarah Street. It has been observed that the west end of Sarah Street, from Fannett Road to Fatima Street, has a posted speed limit of 35 mph, whereas the remainder of the street is 30 mph. A speed reduction for this approximately 0.5-mile section is recommended to provide consistency and avoid driver confusion, Staff proposes for the speed zone boundaries and speed limit for Sarah Street under the schedule Chapter 20 Section 20.03.003 be amended to read as follows: Sneed In Miles Per Street Limits of Zone Direction of Hour Travel Max. Min. Minutes — February 21, 2€723 0 Sarah From the centerline of Fannett Road to East: and 30 Street the centerline of Bob Street. West Approval for amending Title I Chapter 20 Section 20.03.003 of the Code of Ordinances. Mayor Pro Tern Durio moved to ADOPT ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 20.03, SECTION 20.03.003 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS BY CHANGING AND AMENDING SPEED LIMITS AND SPEED ZONE BOUNDARIES TO THE SCHEDULE FOR SARAH STREET; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion, AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 23-064 Consider approving the City's Legislative Priorities for 2023-2024. With the 88t" Texas Legislature now underway, The City of Beaumont Legislative Priorities 2023-2024, outlines issues that the City believes to be priorities as discussed during the Work Session held February 14, 2023. This document provides a brief summary of important issues and concerns that can be readily shared with legislators, their staff, the City's legislative advisors and all those involved in the legislative process this session, The goal being to further the enhancement and protection of the City's interests, impacted by legislation. Approval of resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE CITY'S LEGISLATIVE PRIORITIES FOR 2023-2024. Councilmember Feldschau seconded the motion. Councilmember Getz moved to accept the Legislative Priorities for 2023-2024 as amended and THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE CITY'S LEGISLATIVE PRIORITIES FOR 2023-2024. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER AND FELDSCHAU NAYS: COUNCILMEMBER SAMUEL MOTION PASSED Resolution 23-065 Minutes — February 21, 2023 5, Consider approving the recommendations for the Parks Capital Improvement Plan, set forth in Fiscal Year 2023. The City Council approved $1,46M in the Capital Plan for Fiscal Year 2023, to be utilized to make upgrades to the Parks System. Through recommendations gathered from the Parks & Recreation Committee meeting, members of City Council and staff, the Administration recommends that the following improvements be made: Central Park — Replace Imagination Station playground • Charlton -Pollard Park -- Replace playground structures Combest Park —Playground installation Henry Homberg Golf Course Drainage study Sprott Park -- Build shelter Magnolia Park — Resurface tennis courts to basketball courts • Turf Tank Striping System Babe Zaharias Park — Playground installation Athletic Complex — Replace nine (9) scoreboards • Rogers Park Dog Park General Maintenance The balance of the funding would be budgeted for contingency, This list substantially reflects the Original list recommended by the Administration in November of 2022 as well as eight of the top ten projects recommended by the Parks & Recreation Committee at their January 12, 2023, meeting. It should be noted that two projects recommended by the Parks & Recreation Committee, the completion of the Tyrrell Park Equestrian Trails and Magnolia Park pool maintenance and equipment, were not part of the Administration's recommendation as the cost of the Magnolia Park pool maintenance and equipment is unknown at this time (a firm estimate is expected within the next 30-45 days) and the cost of completing the Tyrrell horse trails would result in several recommended projects being unfunded (ex. Sprott Park shelter, Magnolia Park basketball courts, Rogers Park dog park, Babe Zaharias playground). Funds will come from the Capital Program and donations. Approval of resolution. Councllmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL APPROVED $1.46 MILLION DOLLARS IN THE CAPITAL PLAN FOR THE FISCAL YEAR 2023 TO BE UTILIZED TO MAKE UPGRADES TO THE PARKS SYSTEM AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE PARKS CAPITAL IMPROVEMENT PLAN FOR THE FISCAL YEAR 2023. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS; NONE MOTION PASSED Resolution 23-066 Minutes — February 21, 2023 6. Consider supporting Abiding Grace, a proposed Housing Tax Credit (HTC) project located northeast quadrant of Cardinal Drive and Fannett Road, acknowledging that the proposed project is located in a census tract having more than twenty (20) percent Housing Tax Credit units per total households, acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed $500. Beaumont AG, LP, a subsidiary of ITEX of Houston, is proposing to apply to the Texas Department of Housing and Community Affairs (TDHCA) for funding to develop Abiding Grace, a proposed seventy to ninety-two (70-92) unit Senior housing development, located the northeast quadrant of Cardinal Drive and Fannett Road. Currently, Beaumont has more than twice the state average of housing units supported by Tax Credits or private activity bonds per capita. As such, additional subsidized units cannot be considered for this development by TDHCA unless the City acknowledges that Beaumont has more than twice the state average of subsidized housing units per capita and offers support for the project. In addition, for the project to be considered, the City would also need to acknowledge that the project is located in a census tract that has more than twenty (20) percent Housing Tax Credit units per total household. In addition, applications that receive a Commitment of Development Funding in the amount of at least $500 in the form of a fee waiver will receive additional consideration by TDHCA. Approval of the resolution. Mayor Pro Tern Durio moved to APPROVE A RESOLUTION OF THE CITY OF BEAUMONT, TEXAS (A) EVIDENCING SUPPORT FORA PROPOSED DEVELOPMENT TO BE BUILT IN BEAUMONT; (B) AUTHORIZING A POSSIBLE AWARD OF HOUSING TAX CREDITS FOR THE DEVELOPMENT; AND (C) AUTHORIZING SUCH OTHER ACTIONS NECESSARY OR CONVENIENT TO CARRY OUT THIS RESOLUTION. Councilmember Samuel seconded the motion. AYES; MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Resolution 23-067 7. Consider supporting Trinity Crossing, a proposed Housing Tax Credit (HTC) project located at 1125 North 11t" Street, acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits, and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed $500. Trinity Housing Development of Austin, TX, is proposing to apply to the Texas Department of Housing and Community Affairs (TDHCA) for funding to develop Trinity Crossing, a proposed seventy-two (72) unit Senior housing development, located at 1125 North 11th Street in Beaumont. Minutes — February 21, 2023 Currently, Beaumont has more than twice the state average of housing units supported by Tax Credits or private activity bonds per capita. As such, additional subsidized units cannot be considered for this development by TDHCA unless the City acknowledges that Beaumont has more than twice the state average of subsidized housing units per capita and offers support for the project. In addition, applications that receive a Commitment of Development Funding in the amount of at least $500 in the form of a fee waiver will receive additional consideration by TDHCA. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION APPROVE A RESOLUTION OF THE CITY OF BEAUMONT, TEXAS (A) EVIDENCING SUPPORT FOR A PROPOSED DEVELOPMENT TO BE BUILT IN BEAUMONT; (B) AUTHORIZING A POSSIBLE AWARD OF HOUSING TAX CREDITS FOR THE DEVELOPMENT; AND (C) AUTHORIZING SUCH OTHER ACTIONS NECESSARY OR CONVENIENT TO CARRY OUT THIS RESOLUTION. Councilmember Feldschau seconded the motion. AYES: COUNCILMEMBER GETZ NAYS: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS TURNER, FELDSCHAU AND SAMUEL MOTION FAILED WORK SESSION (Work Sessions can be reviewed on the City's Web Site) Review and discuss Water and Sewer Revenue Fund Balance and Operations Review and discuss the placement of a mural on the Main Street -side of the Julie Rogers Theatre as well as the wall of the Lakeside Center that overlooks Beautiful Mountain Skatepark COMMENTS * Public Comments (Persons are limited to three minutes) Jeanelle Davis 2650 Lou Menk Dr. Fort Worth TX Stated that she's the Executive Public Affairs Director for BNSF Railway, asked for Council's consideration of an important issue facing BNSF Railway, stated that BNSF will be Constructing a new railroad connection track in South Central Beaumont near Fannin St., stated that this track will allow for BNSF to move freight more efficiently in compliance with their common carrier obligations, planning forthis project has been underway since 2019, the company has invested a considerable amount of resources to realize this project, they have taken several steps for the successful execution of the project, there remains one outstanding item that they need to work with the city on and that's the vacating of city property near the project location, while they understand the Council will approve their request to vacate the property with the condition that BNSF provide pedestrian access across BNSF's railroad tracks to the Riverfront, stated that's it's BNSF's understanding that Riverfront will be developed in the upcoming years for recreation use, BNSF is asking that Council remove pedestrian access to the Riverfront as a condition of their vacating request, looks forward to working with Council and staff Minutes — February 21, 2023 Chante Tebo 5985 Navajo Trail Beaumont TX Stated that her and her husband have several 360photo booth machines that they rent for parties, stated that on Saturday night she received a phone call from one of their employees who stated that they couldn't continue to be in the facility due to the smell of marijuana, Ms. Tebo stated to her employee that she thought they were at Rogers Park, the employee stated that they were, her and husband went to the facility and when they walked in the front door the marijuana smell hit them in the face, the event was a sweet sixteen birthday party, there were adults at the facility as well as a city worker that was present, the worker sat in the hallway near the restrooms, stated that she had a conversation with the mom regarding the drugs, Ms. Tebo stated was at a loss for words as to what she saw and smelled, felt she needed to bring this to the city's attention James Eller 3587 East Lucas Dr. Beaumont TX Stated that he's coming to Council to file a grievance on the departments of this administration, at a previous hearing his property was brought into question that it was a public nuisance, at that meeting he brought up two different properties that were owned by the same individual, one was commercial and the other residential, stated that the City Attorney made a comment that the owners of the properties are protected by the Supreme Court ruling against any actions brought forth by the city departments, stated that his properties should be protected under the Supreme Court ruling as well, stated that as an artist himself his freedom of expression has been hindered by the constant onslaughts of the City of Beaumont Departments, while the other artist has been given immunity from prosecution and from any complaints filed by citizens, the only difference he feels is based on race because both of their properties share some of the same creative expressions through art and artistic creativity that can't be placed in the same box as another, however he is the only property owner that is having to argue a defense, the Council has failed to protect his freedom under the pressure of alliance with specific groups in this community, stated that they don't have to agree with or like him but they do have to protect the rights afforded to him by the Supreme Court, he will no longer be attacked or forced to comply with the wants of this felon to radical government, he's calling for the equal protection of all citizens when he ask Council to protect the future voters and tax payers of this city from the assaults of bad Beaumont Police Department officers, that's when the onslaught from the city departments began, stated that city has great officers that have to work beside bad officers that abuse our citizens, asked that Council help protect the great officers and the citizens of Beaumont by voting to release body worn camera videos to the public through the Open Records Act, he's calling for the Council to step up and protect the citizens equally from the tyrannical administration, stated to Council that they need to vote on this immediately, they have three days to comply, by February 24, 2023, he's asking Council to step down if they don't vote for this, stated that Council needs to go if they don't continue to protect citizens, he will not stop calling for the protection of the citizens against this administration and the Police Department regardless of what is brought against him, Council can't continue to pick and choose Supreme Court rulings and which ones they apply to citizens and that's why he's running for Mayor Addle Allen 9695 Gross Beaumont TX Stated that she needed several questions answered, one is the open ended amount that the city's Legislative Consultant has, she saw in the packet a $1 00,000.00 and some other areas that will be payment, wanted to know if whatever the cost is will the city pay this, knows that Minutes — February 21, 2023 other awards have certain money amounts, stated that the Honorable Chris Manuel and Speaker of the House Dade Phelan are at the State level, she's trying to figure out what's the justification to pay a consultant to get information that the city can get off the internet or get from the two key individuals that citizens voted in to represent this area, the other item was fluoride, this was discussed at the last meeting and it was suggested that fluoride be puff on the ballot, it was taken off or it never went on the ballot, not sure, stated that she never heard anyone say anything about Council representing the citizens and to put it on the ballot as an initiative in the May election, it seems like a big deal, before Council goes and spends a lot of money why doesn't Council know something from the citizens and how they feel, stated that she heard Council vote for this Legislative Golden Triangle Days, she surmised that Council only changed the Battle Ship Texas from the #3 position to the #11 position, it's still on the list and the wording is still there, she doesn't get it, also commented on the water, she's discussed this a long time ago, stated that there was an 8% increase she thinks, the city went to the highest level, the city had a contingency fund for the water and now the city wants to have an 8% increase in water and charge citizens to pay their bill, she's a senior citizen and she has a checking account some citizens don't, she can walk but some citizens can't and they would have to come to city hall to pay their bill, so now it seems that the city is imposing from October to March with another increase, thanked Council for their service and their listening ear, asked that God bless each of them Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM DURIO - CONGRATULATED COUNCILMEMBER SAMUEL ON THE PROCLAMATION THAT HE RECEIVED, HAS BEEN A BIG HELP TO HIM, THANKED HIM FOR HIS SERVICE, THANKED THE PUBLIC WORKS DIRECTOR FOR THE STRIPPING OF SARAH ST., ENJOYED MARDI GRAS, STAFF DID A GREAT JOB, THANKED CFO TODD SIMONEAUX AND WATER DIRECTOR MIKE HARRIS FOR THEIR PRESENTATION AS WELL AS MILES HAYNES FOR HIS PRESENTATION COUNCILMEMBER GETZ - THANKED COUNCILMEMBER TURNER FOR ALL OF HIS HARD WORK AS THE LIAISON WITH THE YOUTH ADVISORY COUNCIL, THANKED THE COUNCIL AS A WHOLE FOR APPROVING THE DOG PARK AT ROGERS PARK, THEIR WAS A TOTAL OF 2,820 PEOPLE THAT SIGNED THE PETITION ASKING FOR THE DOG PARK, MADE ADDITIONAL COMMENTS REGARDING THE DOG PARK AS WELL AS AN EMAIL FROM HOLLIE PETERSON COUNCILMEMBER TURNER .. ASKED A QUESTION REGARDING THE EVENT CENTRE, WANTED TO KNOW IF THE CITIZENS OF BEAUMONT ARE, PAYING THE SAME AMOUNT AS OUTSIDERS, CONGRATULATED COUNCILMEMBER SAMUEL ON THE PROCLAMATION THAT WAS PRESENTED TO HIM EARLIER, THANKED THE MAYOR FOR PRESENTING COUNCILMEMBER SAMUEL WITH THE PROCLAMATION, ALSO THANKED COUNCILMEMBER GETZ FOR THE ACKNOWLEDGMENT ON HIS ROLE WITH THE YOUTH ADVISORY COUNCIL, STATED THAT HE WOULD LIKE TO SEE THE CITY MANAGER AND STAFF COME UP WITH AN Minutes — February 21, 2023 AGGRESSIVE PLAN AND TO BE PROACTIVE TO GET IN FRONT OF THE RAINWATER INFILTRATING THE SEWER SYSTEM, IT'S HIS UNDERSTANDING THAT TYRRELL PARK IS WHERE EVERYTHING FLOWS AND IT'S NOT FULL TO CAPACITY, THE REALITY IS THAT THERE IS SO MUCH INFILTRATION THAT WHEN STORM WATER GETS INTO THE SYSTEM IT'S BACKING UP INTO CITIZENS HOMES, WOULD REALLY LIKE TO SEE AN AGGRESSIVE PLAN TO ADDRESS THAT AND IS MORE THAN CONFIDENT THAT STAFF CAN ADDRESS THE ISSUE, ANNOUNCED THE TASTE OF THE TRIANGLE ON TODAY (FEBRUARY 21, 2023), ENCOURAGED EVERYONE TO ATTEND, THANKED EVERYONE FOR ATTENDING THE MEETING COUNCILMEMBER FELDSCHAU - CONGRATULATED COUNCILMEMBER SAMUEL ON HIS RECOGNITION, UNDERSTANDS THAT MARDI GRAS WAS A SUCCESS, HE WAS OUT OF TOWN ON VACATION WITH HIS FAMILY WHICH WAS SCHEDULED MONTHS AGO, SORRY THAT HE MISSED IT COUNCILMEMBER SAMUEL - STATED THAT HE'S HUMBLED FOR THE RECOGNITION, THIS JOB ISN'T A RECOGNITION IT'S DESERVED AND HE ENJOYS IT, THANKFUL FOR THE RECOGNITION COUNCILMEMBER NEILD - ABSENT CITY ATTORNEY REED - STATED THAT THIS PAST SUNDAY SHE HAD THE OPPORTUNITY TO FELLOWSHIP WITH PARADISE BAPTIST CHURCH, THANKED THE CHURCH FOR HONORING HERSELF MAYOR MOUTON AND CITY MANAGER KENNETH WILLIAMS FOR BLACK HISTORY MONTH CITY MANAGER WILLIAMS - CONGRATULATED COUNCILMEMBER SAMUEL ON THE PROCLAMATION, ALSO COMPLIMENTED THE MAYOR FOR WORKING ON THE TURF PROJECT, STATED THAT HE EXPERIENCED HIS FIRST MARDI GRAS AND IT WAS REALLY A PLEASURE INTERACTING WITH THE CITIZENS, HE NOW KNOWS HOW TO TOSS A CHICKEN, COMMENTED ON THE STRATEGIC PLAN, STATED THAT COUNCIL WILL BE CONTACTED AND INTERVIEWS WILL BE SETUP, MARCH 6T" AND 7T" WILL BE STRATEGIC PLANNING WORK SESSIONS, EVERYONE WILL BE INVOLVED, ALSO RECEIVED NEWS ON THE ECONOMIC DEVELOPMENT PLAN, THE CHAMBER IS RECEIVING RFP'S AND WILL BE COMING TO COUNCIL SOON TO GIVE AN UPDATE ON WHAT IT TAKES TO FINANCE THE PLAN, STATED THAT THE CITY ATTORNEY'S OFFICE HAS DONE A GREAT JOB GETTING THE DRIVING POLICY COMPLETED AND IN THE HANDS OF STAFF, STAFF FROM THE CITY ATTORNEY'S OFFICE, WILL BE GOING OUT TO EDUCATE THE DEPARTMENTS ASSISTANT CM BOONE - NONE Minutes — February 21, 2023 PUBLIC WORKS BARTKOWIAK - CONGRATULATED COUNCILMEMBER SAMUEL ON THE PROCLAMATION HE RECEIVED, LOOKS FORWARD TO CONTINUING TO WORK WITH HIM CFO SIMONEAUX - CONGRATULATED COUNCILMEMBER SAMUEL ON THE PROCLAMATION HE RECEIVED, HE HAS A SERVANTS HEART AND DEEP ADMIRATION FOR HIS DECADES OF SERVICE CITY CLERK BROUSSARD - CONGRATULATED COUNCILMEMBER SAMUEL, STATED SHE SKIED TEARS WITH HIM AS WELL MAYOR MOUTON - CONGRATULATED COUNCILMEMBER SAMUEL, IT'S WELL DESERVED FOR THE NUMBER OF YEARS THAT HE'S SERVED, THERE WILL NOT BE A MEETING ON NEXT TUESDAY, FEBRUARY 281 2023, EVERYONE WILL BE 1N AUSTIN, TX, FOR GOLDEN TRIANGLE DAYS, ANNOUNCED THE TASTE OF THE TRIANGLE ON TODAY (FEBRUARY 21, 2023), AT 5:30 P.M., ENCOURAGED EVERYONE TO ATTEND, COMMENTED ON THE LARGE AMOUNT OF SAVINGS THAT THE CITY IS LOOKING FORWARD TO, STATED THAT AT THE PODIUM DURING PUBLIC COMMENTS THERE WAS A COMMENT REGARDING THE CONVENIENCE CHARGES FOR PAYING A WATER BILL, STATED THAT IF A PERSON SLIPS UP AND FORGETS ABOUT PAYING A BILL THERE IS A $20.00 PHONE CHARGE, TODAY THERE WAS DISCUSSION REGARDING THE CONVENIENCE PAYMENT, THAT PAYMENT IS ONLY IF YOU'RE PAYING WITH A DEBIT OR CREDIT CARD, STATED THAT FOR YEARS THE CITY HAS PAID THIS FEE FOR THE CITIZEN, THERE'S NOT A PLACE WHERE A CITIZEN MAKES A PHONE CREDIT OR DEBIT CARD PAYMENT AND ISN'T CHARGED A CONVENIENCE FEE, THE CITY IS COMING UP TO PAR WITH EVERYONE ELSE, THERE WAS ALSO A COMMENT THAT WAS MADE REGARDING THE FLUORIDE AND PUTTING IT ON THE BALLOT, STATED THAT SHE BELIEVES THAT WE USE THE INFORMATION FROM EXPERTS THAT CAME AND SPOKE ABOUT REASONS WHY FLUORIDE SHOULD REMAIN IN THE WATER, TO LEAVE THE DECISION TO THE PUBLIC WHICH ISN'T EDUCATED IN THAT AREA TO MAKE THAT DECISION FOR EVERY CITIZEN IS PART OF THE REASON THAT THE VOTE WENT THE WAY IT DID ON LAST WEEK, SHOULD THE FLUORIDE STAY OR BE REMOVED, COMMENTED ON PARADISE, CHURCH HAD AN AMAZING YOUTH BLACK HISTORY PROGRAM HONORING, HERSELF, THE CITY MANAGER AND THE CITY ATTORNEY, ANNOUNCED THAT MARCH 4, 2023, IS THE WEST END LITTLE LEAGUE BASEBALL OPENING DAY, ENCOURAGED EVERYONE TO COME OUT AND SUPPORT THE LITTLE LEAGUE, THANKED EVERYONE FOR COMING, GO OUT AND SPREAD THE LOVE Open session of meeting recessed at 6:06 p.m. Minutes — February 21, 2023 EXECUTIVE SESSION Consider matters related to the deliberation purchase, lease exchange or value of real properly in accordance with Section 551.072 of the Government Code, to wit: Specifically, land owned by the City of Beaumont at 701-555 Main, Beaumont, Jefferson County, Texas. Specifically, a portion of the north end of Amarillo Steet, the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street, Beaumont, Jefferson County, Texas Robin Mouton, Mayor Tina Broussard, City Clerk Minutes — February 21, 2023 0 TEXAS March 7, 2023 Confirmation of board and commission member appointments RESOLUTION NO, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Appointment Commission Beginning Expiration of Term of Term Spencer Jabbia To fill the unexpired term of Taher Quraishi: 03/07/2023 09/30/2023 Planning and Zoning Commission 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 7th day of March, 2023. - Mayor Robin Mouton TEXAS TO: City Council FROM: Kelmeth R. Williams, City Manager PREPARED BY: ,lames P. Singletary, Chief of Police MEETING DATE: March 7, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his designee to reenter into a Cooperative Working Agreement with the Rape and Suicide Crisis Center of Southeast Texas, Inc. BACKGROUND Since 2009, we have been in a cooperative working agreement with the Rape and Suicide Crisis Center of Southeast Texas. This agreement is a collaboration between several agencies to provide a continuous service as needed for sexual assault survivors and other victims of crime, FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO, BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF BEAUMONT: THAT the City Manager or his designee be and they are hereby authorized to execute a Cooperative Working Agreement between the Beaumont Police Department and Rape and Suicide Crisis Center of Southeast Texas, Inc. for the collaboration between several agencies to provide continuous services as needed for sexual assault survivors and other victims of crime. The Memorandum of Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of March, 2023, Mayor Robin Mouton Cooperative Working Agreelneitt 2023-2025 Vd.y ri,orld►ig agreement is t'ecognized (is o coopei,01ile collaborallon henveen each agetre), listen hel01N. Tim Purpose 8s to provide it carrtlnnant of serillces rrs neederl,l'or sertral (Iseult survivors and miler' vlcthmr of crime, 7'11e signature of each agency's J-01wesentatil'es actatowledgesimoof of cooper0lon, 2?ie'�irtttcE ttarrtey's office of-jeffe-mit, orangs, Wyk,, and'Aard a Comales inrfividitatrly agree to. • besigllate a llnlsoil to serve oil file Seximl ASSatllt Responso Teatil (SART) and to Servo as the agcnoy'S conUlct person; • Use Sexual Assatilt NlrYse EX1111illers (SANDS) as wltnossaS durllig a sexual assault trial; • Provide reasonable llatification oflipcoaliag trials to the SANE who will be oalled to testify; • Meet with (Ile SANE prior to a trial to ravlaw [lie, case; and + MA€tltaill comillullicatioll and contact with the SART;md other involved ageilcles, ]tielnding regular participailon at the Southeast Texas Sexual Assatilt TAsk Force nleoliligs, rffle Clime ` iaimis,Asst'stance Canters of feffmmn, Orange and9l!'atdht County gree to: • Refor sexual assault patients 10 the CHRISTUS St, Elizabeth Hospital SANE'l'onln, Child Abuse & Forensic Services, Baptist Hospital of Southeast Texas Beaumont or the Medical center of Southeast' Texas SANK Team, m appropriato; • Derllons(rato an average of 60 nlinittes responso (!ale fYonl illo tinge rho call is received to time advooate ali'ives in tile emergenoy depaltnlent, oil scene, of at locntioll "vitll victim; + Follow established protocols with CHRiSTUS St, Elizabeth Hospital, Child Abuse & Forensic Servlcos, Baptist Hospital of Southeast Texas Beaurnont or tilt Medical Center of Southeast Texas for advocates ill lilt M1111nitlg focal; Be, available for survivors oral) ages, theirfaniliy members alld fl'leilds, as regttosted; • ivIalattlill COnll)lllllltlad011 and Contact Svilll involved agencies, hlolliding, but clot lilliked to law ellfol-cemont, County ov )ASI Id coui^ts, Justice of tiro Peace, tlteTexas Uepnl-inlant Of Vaulity find Protective Services, mid the OnvIll Houm + Refer victiilislsl)rvivo rs to nearest appropriate ilgencies fog• addlHorlal sot -vices as needed, ffio 9effersott, Orave; rlyfer, and anfia CorrrIEy Sfrar ffs offiees sT, 01o(ice (Depart men is of-VaItrrratrt, Groves, wederfstud, (TortAft(mr, Nrtfor, orango, oat e Ofy, andaWtPecf¢er ind'rviduafy agree to: + Designato o ila[son to servo on the SART arid to servo as the Agency's contact person; • Refer sexual assault patients to the CHRISTUS St. Elizabeth Hospital SANE, Team, Child Abuse & Forensic Services, Baptist Hospital of Southeast Texas Beaumont or the Medical Cantor of Southeast Texas SANE q enm, as appropriate; + vollow ostablislied protocol to notify SANH team that a sexual assault survivor is behig transported; • Provide a case or incident report mllnber; + Receive forensic evidence that Ilan peen ooiieotctl from the strvivor and/or perpetrator; Fallow tabu ellforCenlellt established protocol rcgarding ovf(fence collection and storage; and • Mailltain Coll) nit]))[Ca)all And Contact Mill (tie SART )End outer involver{ agenoiL's, incllltilll$ regular parilolpation at tite, Solltheast'roxtis Sexual Assault Task Force nleethigs. EXHIBIT "A" (p,ope c<Z SWriitrc Crisis of Soutfieast Texts, Inn, agrees to; + Designate a lialson to serve on the SAICP and to sert'o as the agelley's colltaet persol►; • Refer saxuat assault s►u'vlvoss a( CHRISTUS St, Elizabeth Hospital SANE coin, Child Abuse & Forensic Services, Qaptist Hospital of Southeast Texas Banul-nollt or the Medical Coulter of Southeast Texas SANK Terim, as appropriate; Deuronstrate all average 60 illhullte I'espollse tillie fi'otn tale call is received to time advocate at'rlvos In (lip, emergcticy department; + Foltow ostablished protocols with CHRISTUS Sty Elizabeth Hospital, Child AWso & Forensic Services,13aptist Hospitai of Southeast Texas Beaumont or the Medical Center of Southeast Texas ihr advocates in tic exaluhlilig rooln; • Be available For survivors of all Ages, their family members and fricads; Mahitaill conilnullioatoll and contact with SART and otllcr Involved agelloles, lrlcludlrlg regular pal'ilaipAfioll at the SoutileaStTexas Sexual Assa►1lt Task Force illeolillgs, • Refer adult and adult with child to Family Services of Southeast Texas Inc. for shelter setvlces, + Famlly services Sexual AssallltTeam will be a backup for medical accornpanlment if Rape & Suicide Crisis of Southeast Texas, Inc, Sexual Assault To -am Is unavailable, ` rue. garth9fouse agrees to; + Desigtlate. a lie€sou to serve on the SART' and to serve, as tile, ngellcy's contact person; • Refer child survivors ofsexual assault to CHRISTUS St, Elizabeth Hospital SANE, Torim, Child Abuse & Forensic Services , Baptist Hospital of Soutileast Texas Beaumont or the Medical Canter of Southeast Texas SANE Team 10, appropriate; + Ow1koltstrale an average 60 nlinrte response time from tine is received to time advocate arrives in file emergency dcpartmenl; Follow established protocols Ivith C1iTIUSTUS 8(. Rliznbeth Hospitnt, ChILd Abusa.4� 1+o►'entiiC Sorvices, Baptist Hospital of Southeast Texas Beaumont or the Medical Canter of Southeast Texas fair advocates In rite exenlltll►ig room; « Be availablc for survivors orall ages, lhelrfamily members tuid friends; • Maintain connntlnicalloll \v1111(lie SART and other involved agenoies, including reglrtar pariieipation at the Southeast Texas Sexual Assault Task Force muellnb& rIYC genus OgpgrxtIto Itt of Trittti% aft dTr'otcctive Soroiccs to: + Designate a liaison for the SATE to eontaet; + Werallild survivors of sexual assault to CHRISTUS St, Elizabeth Hospital SAND, team, Child Abuse & Forensic Services, baptist Hospital of SOtltheast Vegas Beaumont or the Medical Center of Southeast Texas SANE learn its appropriate; + Coolael Court Appol►tted Special AdvoeniNs nelson lrcilild is ill foster care.systenl; • Maititalii 00111 mull Icat lolls and contact with the $ART and oilier involved agelleles, hiolading rogtilar participation at the Southeast Texas Assatdt'rasic Force Meeting, Crj!QC f6trse d Toretrsic ser'pices agrees to: + Deslgilate it liaison to serve oil the SART and to serve as tine agenoy's C011tact ilersoll; • Demotlsiraio at) average sixty (GO) niinute response f}.oln tt►e time of call received to trio SAW, arrives ill Erllergellcy Depm meat; + Notify Rape & Suicide Crisis of Southeast Texas, lne. illot a sttrvlvor Is being transporledlhtls arrived; + Provide, Rape at suicide Crisis of Southeast Texas, Inc, tllo opporinlltty to esiabilsh a rolallollshlp w11h rho slrvlvarts), if survivor agrees. 'fills includes survivors of till ages, their family membors, and f]'lends; 0 Provide collSislellcy ill iho somial assault exauliaati it of survivors; • i'rovido conalst imy in lite evidence collection 1i•orn pupelrntors; • 14two sexual nssault evidotce collection kit available; • SANBs ivill provide it copy of evidence colleciioii anti/ar All other doennientatloll pellaii111% to sexual ossatdt exam to IR1v enforcement agency; 1,%laliltain chain of forcnsle evidence and hand off to law etiforeeinent agoilt; • Properly llrollnro fo° upcoming lienrings; • Meet Nvitli District Attorney to raview the ease; • Motntal►i contact-xvilh tileDistrlct Attonley's office; • Notify tho Distriot Altorney's office of address and/or telephone mlmbor ohanges; and Ma1111a111 communication and coutnct Nvittl the SART and other involved agendas, iticludiilg regular participation at Tile soultleast Taxes Wiwi Assault '[',ask Force nleetlilgs Ow Scare Teton. of COWSTOS 9ToVitd,99rees to. • Designate a ilalsoll to sci'vo oil tiro SAM, and to serve as tlrc agelley's colinet porsoil; • lolly Rape & Sulclde Crisis of Southeast Texas, lltc, lllai a survivor Is being lrausportedllios arrived; • Demonsiroto an average sixty (60) iuimite lesponso fYon the Niue of call received to time SAKI; arrives fit f?niergonoy Departmeul; • if a child giii-vivor has Cotirt Appoloted Special Advocate Cl'1RISTUS hospital agtees to rltltlfy Court Appointed Special Advocalcs of child arrival; • Provide, Halle & Suicide Crtsis of Southeast Texas, Inc. ilia oppoi-tutilty to establlsh a relationship Nvlth lite survlvor(s), If survivor agrees, Tills 111cludes survlvots of all ages, their family members, aid friends; • provide oorislstolloy In Rita sexual nssauh examitint lon ofsurvivors; • Provide consistency in the evidence colleetlon fl•om perpetralol-s; • Have sextitil assault evidence collection kit available; • CHRISTUS Hospital will provide a copy ofevidelice. coliccllon and/or all other doollmolliatfon porwilihig to sexual assault exam to lane enforcellient agienoy; • Maintallh chain offoronste evidence and hnad off to law enforcement agent; • Properly prepare for upcomiing hearhigs; • Meet with Dislrlel AI#ormy to rsview the case, • Malntaill contact wlih the District Attorney's offtoo; • Notify Cite Dislricl Attorney's office of address read/or ielcphotle lmlmbor changes; ai►d • Maintain coimltnllnicntion and contnctwith the SAW1' and otter involved rigencles, Including regular partielpation at the sonihsast' ens Sexual Assnilt'fask Force iueothlgs, CotertAp��oirtlerfS lecicrGt ifvocrrtes (tyre to. Designate it lfalsoll for llie Southeist'foxas Sexual Assatlit'l'usk Force to conlaet. Dcn1o11sirate a tllily-lmhiute response from time of call received to time ativooMe arrives in emergency room. (Call Is to iiaisoli.) • Follow establislied protocol regarding SGTX Sexual Assatilt't'ask Force for advocates ht the exanlitling 1,06111. • Be. available for survivor's ages 0-17 who are already h1 the citstody of CPS and CASA Is already appointed by the cnurts, • The advocnle arrives as soen its possible anti assists the victim throtighout Ole medical alld police procedures a ryNth the advocato present to provide suppoll, the forensic milliner gild pollee will briofiy eonfor to coordinate theh. questioning and mimo repetition. • Advocate will reillatll in the rosin to provide support during tile, exarkt as well, at the dlserctian of the patient. • Tile advocate will make mungetileitis to contact (tic vfotlm for follow-up silpport, tied legal advocacy. 9dedieafonferofsouttrerrstrle rs • Designate a liniso€l to serve oil Ow SARI' and to servo as the amlley's C011Il1e1 person; + Notify Rape & Suicide Crisis of Southeast Texas, Inc, that a survivor is being transported/ims arrived; + If a ciliid surviv❑r has a court nppollited speolill advocalc.ivted€cal Center of Southeast Texas agrees to notify Court Appolnted Special Advocates of ohlld tmlvai; + provide Rape & Suicide Crisis of Southeast Tetras, lnc, tile, opportunity to establish a rolationsllip whit the survivor(s), If survlvor agrees, This includes survivors afatl ages, tileir family mambas, €rld fticnds; + Provide consistenoy hl the sexual aSmilt exainllmdoll of stil'vivors; • provido consisteiley In the evidence collection ftin perpetrators; • Have sexual assault evidence collcalioll kit avollable; • Medical Center of Southeast Toms will provide a copy of ovidellco collection anchor all other doctimelliation Pertailli€)g to sexual mautt exam to law ellfurco€nent agelley; + Maiwain olialn of forensle evidence alld hand off to 11m, enforeonlent agellt; • Properly prepare for upcoming hearings; Meet with D1.0,10 Attoriley to review the vase; + 31Maintata contact -vltlr the District Attorney's offiee; + Nollfy tic DloIct Altornoy's office, of address and/or telephone manber changes; ami • Aqailltnhl communication and coulnot with the 5ART and oilier involved agcnclos, including regular parllcipalloil ttt tilt: Southeast Texas Sexual Assault 'taste, force lmeeti€lgs, t23ap stMospitaf fSoutfieastTe;&s (Bea ilmont + Dosignato a liaison to serve oli the Wur atld to serve as the ageney's contact person; + Notify Rape & Suicide Crisis of Southeast Texas, Inc. that a sutNivor is being transported/has arrived; + if a child survlvor lilts court appohlted apeolal advocate BliptJstBospital of southeast Texas Bela uom agrees to nollty Court Appointed Special Advocates of rbild arrival, + P1'ovicie Rape & Suicide Crisis of Southeast Texas, Inc, tho opportunity to establish a relationship with the survivor(s), if survivor agrees. This 111ciudos survivors of all ages, thelr family mombers, and frIelids; + Provido consistency ill iho soxml assauitoxaminalion ofslavivors; + Provide consistency 111 tlio ovidence collection from perpolralors; + l4ava sexual assaidl evidence collection kit avalinble; + 1}aplist lTclslrital of Southeast Texas BeautnonE wilt praviclo a copy of evidence eoilcciioll andlar all other doclnneuhttlol► pertalning to sexual assault oxiun to 1mv enforcement agorlcy; + Mallitain chaill of forensle evidenco and hand off to law enforcement MOW; + Properly prepare for upcoming lleadilgs; + Meet with Dlstcict Attomey to review the case; + Mainiaill contact with the Distrlot Attorney's office; + Notify the District Attomey's office of address and/or telephone number changes; and + Maintain coin €uun!cat ion anti contact 1v111i the SA1tT nr)d othor involved agenales, hhcluding regular parlielpattoil at the Souilteasl'fexas Sexual Assault'rask Lorca nleotings, 2+rttx (y Service of S'oulfw tst 94gs agrees to; • Destgnalc a lialsoll to servo oil the SART alld to ServO as the agency'$ Co IWI person, • Refer sexual assaull survivors al CHRISTUS St, Clixabath Hospital 15A.Nta `C'um, Child Abuse & Porenslc Servlcos, Baptist Hospital of Southeast Texas Beaumont or the Medical Center of Southeast Texas SANE Toanl, as approprlato, • Demoustrato an averog© GQ-lnhlute response tulle froth tulle call is received to tinge advocate arrives in the anlergelloy department, + Follow estabiisiml protocols with CHRISTUS St, Eliz(lbatil Hospital, Child Alluse & l arensic Services, Baptist Hospital of Southeast Texas f3onntltollt or the Metilcal Center of Southeast Texas for advocates in the oxomhling roolll, + Family Services Sexual ASsakilt Te-nm Ivlli bo a backup for nw(lical acco lmpallimellt if Ripe & Suicide Crisis orSoulhevst'Cexas, Inc.' S©nAl Assoult Team Is unavallable, + Be available for survivors of Of ages, their family members and 4iends, + Malutaiil walla mication and contact wish SART find other involved agencies, lllol(1(iitlg regular p illolpation at the Southeut Texas Sexual Assmll Task 1"ONO meetings, COon ope-tutive 'Working Agreement Signature (Pa#o 1 Clsery€ 1Viiliam NO Rive Dira a Dam Rallo & S3lielde Crisis ref S.li, 'i'axns Jimmy 8111glshiry, Clricf of Poilco Beamnonl Poliac Dcpaslnronl DaW IC TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: March 7, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT). BACKGROUND On November 24, 2020, by Resolution No, 20-263, City Council tauthori zed the City Manager to apply and enter into an Advance Funding Agreement (AFA) with TxDOT for the 2020 Highway Safety Improvements Program (HSIP) Interconnect Signals project. The Advance Funding Agreement provides the general contract language for any project between the City and TxDOT that involves federal firnding. The scope of work for this AFA is described as interconnecting signals on the following streets: • Calder Avenue Frorni N 14111 Street to Main Street • Lucas Drive From Eastex Freeway SB to Bigner Road • Washington Blvd. From 11 1 Street to MLK Parkway Interconnecting signals is the process of upgrading/installing equipment and software that will allow adjacent signals along a roadway to connrnuunicate with each other and adapt the timing and phasing sequences in real time based on the current traffic patterns. The engineering estimate for the project is $1,214,452.00. The City's match will be $102,502.00, with Federal Funds paying $1,063,950.00 and the State paying $48,000.00. FUNDING SOURCE Capital Program, RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into an Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) far the Highway Safety Improvements Program (HSIP), which is substantially in the form attached hereto as Exhibit "A," and respectively, 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 7th day of March, 2023. Mayor Robin Mouton - TOOT: CSJ # 0920-38.279, 0920-38.283, 0920.38-206 District tl I 20-13INT AFA ID z00003828 Code Chart 6a # 03200 Project Name 2020 HSIP interconnect signals STATE OF TEXAS § COUNTY OF TRAVIS Federal Highway Administration: CFDA No. 1 20.205 GFDA Title I Highway Planning and Construction I AFA Not Usod For Research & Aovelopme11t ADVANCE FUNDING AGREEMENT For Highway Safety Improvement Program Off -System THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and 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". The State and Local Government shall be collectively referred to as "the parties" hereinafter. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision, and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds, and WHEREAS, the Texas Transportation Commission has codified 43 TAG, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and other transportation projects, and WHEREAS, the Texas Transportation Commission passed Minute Order Number 116073 authorizing the State to undertake and complete a highway improvement or other transportation project generally described as 2020 HSIP Interconnect signals, The portion of the project work covered by this Agreement is identified in the Agreement, Article 3, Scope of Work (Project), and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution, ordinance, or commissioners court order dated , which is attached to and made a part of this Agreement as Attachment C, Resolution, Ordinance, or Commissioners Court Order (Attachment C). A map showing the Project location appears in Attachment A, location Map Showing Project (Attachment A), which is attached to and made a part of this Agreement. AFA t.ongGen Paae 1 of 17 Rev. 1211012021 EXHIBIT "A" TxDOT; CSJ It 0920-38.279, 0920-38-283, 0920-38-285 District 20-BMT AFA iD z00003828 Code Chart 64 It 1 03200 Project Nante 2020 HSIP Interconnect Signals Federal Highway Administration: CFDA No. 1 20.206 CFDA Title I Highway PlaIinhn9 a►nd Corlstr(101011 I AFA Not Used For Research & Dove NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is agreed as follows: AGREEMENT 1, Responsible Panties: For the Project covered by this Agreement, the parties shall be responsible for the following work as stated in the article of the Agreement referenced in the table below: 1 NIA Utilities Article 8 2. Local Government Environmental Assessment and Mitigation Article 9 3. Local Government Architectural and Engineering Services Article 11 _ 4. State Construction Responsibilities Article 12 5. NIA Right of Way and Real Property Article 14 2. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. 3. Scope of Work The scope of work for the Project consists of interconnecting signals on various streets. 0920-38-279 includes interconnecting signals on Calder Street from North 141h Street to Main Street. 0920-38-283 includes interconnecting signals on Lucas Drive from southbound Fastex Freeway to Bigner Road. 0920-38-285 includes interconnecting signals on Washington Boulevard from 11U, Street to MLK Parkway. 4, Project Sources and Uses of Funds The total estimated cost of the Project is shown in Attachment B, Project Budget (Attachment B) which is attached to and made a part of this Agreement, A, If the Local Government will perform any work under this Agreement for which reimbursement will be provided by or through the State, the Local Government must complete training. If federal funds are being used, the training must be completed before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled "Local Government Project Procedures and Qualification for the Texas Department of Transportation" and retains qualification in accordance with applicable TxDOT procedures. Upon request, the Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may AFA LongGen Page 2 of 17 Rev. 12110/2021 TOOT: Csi it 0920-38.279, 0920.38-283, T0920-38-28585 plstrlcUl I 20-BMT AFA ID z00003©28 Cade Chart U # J 032o0 Project Name 2020 HSIP lntercokunect Signals lid 140 C C F G 2 Federal Highway Adminlstralion: CPDA No. 1 20.206 I CFDA Title I Highway Planning and Constructlon I AFA Not Used For Research ,� be an employee of th`e Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not continuously designated in writing a qualified individual to work actively on or to directly oversee the Project. The expected cash contributions from the federal government, the State, the Local Government, or other parties are shown in Attachment B. The State will pay for only those Project costs that have been approved by the Texas Transportation Commission. For projects with federal funds, the State and the federal government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration (FHWA). After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation ofifunds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. Attachment B shows, by major cost categories, the cost estimates and the party responsible for performing the work for each category. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design, (5) cost of construction and construction management; and (6) any othor local project costs. The State will be responsible for securing the federal and State share of the funding required for the development and construction of the local Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. The Local Government will be responsible for all non-federai or non -State participation costs associated with the Project, unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. For items of work subject to specified percentage funding, the Local Government shall only in those instances be responsible for all Project costs that are greater than the maximum State and federal participation specified in Attachment B and for overruns in excess of the amount specified in Attachment B to be paid by the Local Government. The budget in Attachment B will clearly state all items subject to fixed price funding, specified percentage funding, and the periodic payment schedule, when periodic payments have been approved by the State. When the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from the receipt of the State's written notification of additional funds being due. Whon fixed price funding is used, the Local Government is responsible for the fixed price amount specified in Attachment B. Fixed prices are not subject to adjustment unless (1) differing site conditions are encountered; (2) further definition of the Local Government`s requested scope of work identifies greatly differing costs from those estimated; (3) work requested by the Local AFA LongGen Page 3 of 17 Rev. 12/10/2021 TxUOT; C5J ## 0920-38-279, 0920.3MM, 0920-38-285 District ## 20.13MT AFA ID z00003828 Code Chart 64 ## 1 03200 Project Nante 1 2020 HSIP interconnoct Signals Foderal Highway Administration: CFDA No. 1 20.205 I CFDA Title I Highway Planning and Construction ! AFA Not Used For Research & Government Is determined to be ineligible for federal participation; or (4) the adjustment is mutually agreed to by the State and the Local Government. I. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment B. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering performed or reviewed by the State for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for- the State's estimated construction oversight and construction cost. J. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this Agreement. i<. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the 'Texas Department of Transportation" or may use the State's Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT's Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project. L. The State will not pay interest on any funds provided by the Local Government. M, if a waiver for the collection of indirect costs for a service project has been granted under 43 TAC §1 5.56, the State will not charge the Local Government for the indirect costs the State incurs on the Project, unless this Agreement is terminated at the request of the Local Government prior to completion of the Project, N. If the Local Government Is an Economically Disadvantaged County (EDC) and if the State has approved adjustments to the standard financing arrangement, this Agreement reflects those adjustments. O. Where the Local Government is authorized to perform services under this Agreement and be reimbursed by the State, the Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice, in a form and containing all items required by the State, no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. P. Upon completion of the Project, the State will perform a final accounting of the Project costs for, all items of work with specified percentage funding. Any funds due by the Local Government, the State, or the federal government for these work items will be promptly paid by the owing party. Q. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide AFA LongGan Page 4 of 17 Rev. 12/10/2021 TxDOT: CSJ tf 0920-38-279, 0920-38-2a3, a920-38-286 District tt 20-gMIT AFA ID z00003R213 Cade Chart 64 # 03200 project Name 2020 HSIP intereonr3eet Signals Fodoral Highway Administration: CFDA No. 1 20.205 CFDA Title I Highway planning and Construction AFA Not Used For Research & Devetopment the state auditor with access to any information the state auditor considers relevant to the investigation or audit. R. Payment under this Agreement beyond the end of the current fiscal blennium is subject to availability of appropriated funds, If funds are not appropriated, this Agreement shall be terminated immediately with no liability to either party. 5. Termination of This Agreement This Agreement shall remain in effect until the Project is completed and accepted by all parties, unless: A. The Agreement is terminated in writing with the mutual consent of the parties; B. The Agreement is terminated by one party because of a breach, in which case any costs incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS&P) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or D. The Agreement is terminated by the State because the parties are not able to execute a mutually agreeable amendment when the costs for Local Government requested items increase significantly due to differing site conditions, determination that Local government requested work is ineligible for federal or state cost participation, or a more thorough definition of the local Government's proposed work scope identifies greatly differing costs from those estimated. The State will reimburse Local Government remaining funds to the Local Government within ninety (90) days of termination; or E. The Project is inactive for thirty-six (36) consecutive months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this Agreement. 6. Amendments Amendments to this Agreement due to changes in the character of the work, terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 7. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 8. Utilities The party named in Article 1, Responsible Parties, under AGREEMENT shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable state laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or State funds AFA L.ongGen Page 5 of 117 Rev. 12/1012021 TOM: C5J fE 0920-38-279, 0920-38-283, 0920 3t3-28G District it 20-SMT AFA II] x00003828 Code Chart 6411 03200 Project Name 2020 HSIP lnterconnact Signals Federal Highway Administration; CFDA No. 1 20,206 I CFDA Title I Highway Planning and construction 1 AFA Not Used For Research & bavefoPmerlf for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures, Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is commenced. 9. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Poiicy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. The identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. E, The cost of any environmental problern's mitigation and remediation. C. Providing, any public meetings or public hearings required for the environmental assessment process. Public hearings will not be held prior to the approval of the Project schematic. D. The preparation of the NEPA documents required for the environmental clearance of this Project. If the Local Government is responsible for the environmental assessment and mitigation, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. lt?. Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of ail projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101� 336) (ADA). 11, Architectural and Engineering Services The party named in Article 1, Responsible Parties, under AGREEMENT has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the State highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the State highway systern, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials (AASHTO) design standards. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the Project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases.Professional contracts for AFA LongGen page 6 of 17 Rev. 12/10/2021 TOOT: CS! ll g820 38-279, 092�•38-283, 0920-38-285 pistrict 4 20-BM1 AF IID z00003828 I Code Chart 64 ll 1 03200 1 Project Name 1 2020 HSIP interconnect Signals Federal Highway Administration: CFDA No. 1 20.206 CFDA Title I Highway Planning and Construction AFA Not Used For Research & Developm011t federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. If the Local Government is the responsible party, the Local Government shall submit its procurement selection process for prior approval by the State. All professional services contracts must be reviewed and approved by the State prior to execution by the local Government. 12. Construction Responsibilities The party named in Article t, Responsible Parties, under AGREEMENT is responsible for the following: A. Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project, Administration of the contract Includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction, B. if the State is the responsible party, the State will use Its approved contract letting and award procedures to let and award the construction contract. C. If the local Government is the responsible party, the Local Government shall submit its contract letting and award procedures to the State for review and approval prior to letting, D. If the Local Government is the responsible party, the State must concur with the low bidder selection before the Local Government can enter Into a contract with the vendor. E. If the Local Government is the responsible party, the State must review and approve change orders. F. Upon completion of the Project, the party responsible for constructing the Project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion and submit certification(s) sealed by a professional engineer(s) licensed in the State of Texas. G, For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents, If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 13. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the State highway system after completion of the work if the work was on the State highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. AFA LongGen Page 7 of 17 Rev. 12/10/2021 TxDOT: CSJ 11 0920-38-279, 0920-38-283, 0920-38.285 District 11 20-BMT AFA ID z00003828 Code Cliart 64 9t 03200 Project Name 2020 HSIP Inteico�viact Signals Federal Highway Administration; cr[)A No, 1 20.205 J CFDA Title I Highway Planning anti COnStructinn AFA Not Used For Research & Aevelopn)ent 14, Right of Way and Real Property. The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the provision and acquisition of any needed right of way or real property. 16. Insurance If this Agreement authorizes the local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. Tills coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Notices , All notices to either party shall be delivered personalty or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address; Local Government: City of Beaumont ATTN: City Manager 801 Main Street Suite #300 Beaumont, TX, 77701 State: Texas Department of Transportation ATTN: Director of Contract Services 125 B. II", Street Austin, TX 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this Agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 17. Legal Construction If one or rnore of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision, 18, Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party, and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. AFA LongGen Page 8 of 17 Rev, 12/10/2021 TxdCT: — rhHay Administration; _m C5J ll 0920 3E3 27�J, 0920-30-2fi3, 20.206 0920-36.2U5 trict# 20-BMT AFA iD x00003828 Highway Planning and Construction Code Chart B4 # 03200 Project Name 2020 HSIP Interconnect Signalst Used For Research & Development 19. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data and information prepared under this Agreement shall be made available to the State without restriction or limitation on their further use, All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State, in the format directed by the State, on a monthly basis or as required by the State. The originals shall remain the property of the Local Government. . 20, Compliance with Laws The parties to this Agreement shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals In any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 21, Sole Agreement: This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 22, Cost principles In order to be reimbursed with federal funds, the parties shall comply with the cost principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 23. Procurement and Property Management Standards The parties to this Agreement shall adhere to the procurement and property management standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management Standards. The State must pre -approve the Local Government's procurement procedures for purchases to be eligible for state or federal funds. 24. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized representatives for review and inspection at its office during the Agreement period and for seven (7) years from the date of final reimbursement by FHWA under this Agreement or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement fertile purpose of making audits, examinations, excerpts, and transcriptions, AFA LongGen rage 9 of 17 Rev. 1211012021 TxDQT, Csi tt 0920-38-270, 0920-38-283, N20-38-286 nistrlet 0 20-HMT AFA ip zDDDD3828 Code Chart 64 �� 03200 Projact Name 202D HSIP lnterconnect Signals Fsderai Highway Administration: CFDA No. 1 20.206 J CFDA Title I Highway Planning and CO118trUCt[O11 AFA Not Used For Research $ Devefopanerat 26. Civil Rights Compliance The parties to this Agreement are responsible for the following: A. Compliance with Regulations_ Roth parties will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the US, Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this Agreement, B. Nondiscrimination; The Local Government, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin In the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR fart 21. C. Solicitations for Subcontracts,] ricludinProcurement of Materials and E uCr ipment; In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to Its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government Is in the exclusive possession of another who fails or refuses to furnish this Information, the Local Government will so certify to the State or the FFWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this Agreement, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Local Government under the Agreement until the Local Government complies and/or 2. cancelling, terminating, or suspending of the Agreement, in whole or in part. F, Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such AFA LongGen Page 10 of 17 Rev. 12/10/2021 TxDOT: C5J # 0920-38-278, 0920-38-283, — 0920-38-286 District it 20-13Mi AFA tl] z00003028 Corte Chart 64 0 103200 . Project Nal;oj 2020 HSIP Interconnect Signals Federal Highway Adrninistratlon; CFDA No. 120.206 i CFDA Titte I Highway Planning and Construction AFA Not Used For Research & Devafopment direction, the Local Government may request the State to enter into such litigation to protect the Interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 26. Pertinent Nan -Discrimination Authorities During the performance of this Agreement, each party, for itself, Its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et sea., 78 stat. 252), (pro-hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of federal or federal -aid programs and projects). C. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as arnended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age), F. Airport and Airway Improvement Act of 1982, (49 U.S.C, Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding tho definition of the terms "programs or activities" to inctude all of the programs or activities of the federal-ald recipients, subrecipients and contractors, whether such programs or activities are federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131--12189) as implemented by Department of Transportation regulations at 49 C.F.R, parts 37 and 38. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. AFA LongGen Page 11 of 17 Rev. 12110/2021 TxDaT: Csi ft 0920-30-279, 0920-30-203, 0920-30-205 District It 20-SMT AFA ID 700003828 cacle Chart �403200 Project NamHSIP interconnect Signals Federal Highway Adminletratlon: CFDA No. 1 20.205 I crDA Title I Highway Planning and COn5tructiara AFA Not Used For Research & Development K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 27. Disadvantaged Business Enterprise (DBE) Program Requirements If federal funds are used: A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall incorporate into its contracts with subproviders an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall submit its proposed scope of services and quantity estimates to the State to allow the State to establish a DBE goal for each Local Government contract with a subprovider. The Local Government shall be responsible for documenting Its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http:flftp.dot.state.tx.usfrDubltxdot- infolbo Idbe/moulm€ u attachments. df. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex In the award and performance of any U.S. Department of Transportation (DOT) -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26, The Local Government shall take all necessary and reasonable steps under 49 CFR Dart 26 to ensure non- discrimination In award and administration of DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, Is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986'(31 U.S.C. 3801 et seq). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor; sub -recipient, or sub -contractor shalt not AFA LongGen Page 12 of 17 Rev. 12/10/2021 Tx DOT: CSd 11 0920-36-279, 0920-38-283, 0920-38-206 District lr 20-13 T AFA ID x00003020 Code Chart 64 If 03200 Prof oct Name 2020 HSIP Interconnect Slgnals Federal Highway Atlrnitilstralron, CFDA No. 1 20.206 ( cFDA Title I Highway Planning and ConstrUCUOn AVA Not Used For Research & Development discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Patf 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in t1le termination of this Agreement or such other remedy as the recipient deems appropriate. 28. Debarment Certifications If federal funds are used, the parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or Ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Fxecutive Order 12549. The parties to this Agreement shall require any party to a subcontract or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. If state funds are used, the parties are prohibited from making any award to any party that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule §20,585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G. 29. Lobbying Certification If federal funds are used, in executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with Its Instructions, C. The parties shall require that the language of this certification shall be included in the award documents for all sub -awards at all tiers {including subcontracts, AFA LongGen Page 13 of 17 Rev. 12/10/2021 TOOT. CSJ 0 0920-30-279, 0920-30-203, 0920.30-286 District ll I 20-13MT AFA ID z00003026 Code Chart 64 # 03200 Project Name 12020 HSIP interconnect Signals Feclerai Highway Administration: CFDA No. 1 20.205 I CFDA Title I Highway Planning and Construction AFA Not Used For Researclt & Development subgrants, and contracts under grants, loans, and cooperative agreements) and all sub -recipients shall certify and disclose accordingly. Submission of this certification Is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 30. Federal Funding Accountability and Transparency Act Requirements If federal funds are used, the following requirements apply: A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and Implementing regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject to the following award terms: htt :llwv�uv±�.( o.govffdsysipkg/ R-2010-09- 141 df12010-22705, df and htto://www, o,govlfds_ys]Lc�FR-2010-09- 14/pdfl2010-22706.pdf. B. The Local Government agrees that it shall; 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 In federal funding. The SAM number may be obtained by visiting the SAM website whose address is: l�tti�s:Jlwww.sa��l.c�ovll�artalf�ub9iclSRM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows federal government to track the distribution of federal money. The DUNS may be requested free of charge for all businesses and,entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website httg,lifedgov.dnb.coiWwei)foi�m; and 3. Report the total compensation and names of Its top five executives to the State if: !. More than 80% of annual gross revenues are from the federal government, and those revenues are greater than $25,000,000; and il, The compensation Information is not already available through reporting to the U.S, Securities and Exchange Commission. 31. Single Audit Report If federal funds are used: A. The parties shall comply with the single audit report requirements stipulated in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 70701 or contact TxDOT's Compliance Division by email at sin leaudlts tx ot. ov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance AFA LongGen Page 14 of 17 Rev. 12/10/2021 TxDOT:� GSJ It 0920-38-279, 0920-38�283, 0920-38.288 plstrieE;l1 24 BMT AM ID z00403828 Corte Chart 84 03200 Project Marne 2020 NS1P Interconnect Signals Federal Highway Administration: CrDA No, 20.205 CFDA Title Highway Planning and Construction AIFA Not Used For Research & Devefopmenf Division as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the Project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the Agreement, unless otherwise amended or the Project has been formally closed out and no charges have been incurred within the current fiscal year. AFA t.ongGen Page 15 of 17 Rev. 12110/2021 TxDOT: CSJ # 0920-38-279, 0920-38-283, 0920-38-286 District 4 20-BMT ArA ID z00063628 Code Chart 64 tl 103200 _ Protect Name 2020 HSIP interconnect Signals Federal Highway Administration: GFDA No, 20.206 GFDA Title Highway Planning and Construction AI=A Not Used For Research & Development 32, 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 Agreement on the date stated under that party's signature, THE STATE OF TEXAS Signature Kenneth Stewart Typed or Printed Name Director of Contract services Typed or Printed Title THE LOCAL GOVERNMENT Signature Kenneth R. Williams Typed or Printed Name City Mana er Typed or Printed Title Date AFA LongGen Page 16 of 17 Rev. 12/10/2021 TXDOT: Csi tl 0920-38-279, 0920-38-283, 0920-38-285 Distrlot # 20-DMT AFA ID zz00003828 Code Chart 64 # 03200 Project Name 2020 HSIP Interconnaat Signals Fecleral Highway Administration; CFDA Na. 20.205 CFDA Title _ Highway Planning and Construction AFA Not Used For Research & ATTACHMENT A LOCATION MAP SHOWING PROJECT ' �; Fro aqt Lot.31unt 0420-38.276 [=SatrAv..fram . 146 51. to Mdn St. , - •sir - ` � 0920-38-279 Project Location: Calder Avenue from 94th St. to Main Street. Page 1 of 3 AFA LongGen Attachment A TxDOT: C5J 3E 0920-38-279, 0920.38-283, 0820-3B-286 _ District # 20-BMT AFA ID z7000038218 code Chart 64 ff 03200 Project Name 2020 HSIP Intereonneot Slgnals Federal Highway Adminlstratlon. CFDA No. 1 20.205 I CVDA Title 1 Highway Plan111119 and Construction AFA Not Used For Research & Developmel1f ATTACHMENT A LOCATION MAP SHOWING PROJECT f Project Latatfanl 0910.38.288 Lukas priva feilm southbound w Easlex Freeway to p.IglL@C Road, t ' cy Ii; I Iti,r I ! I ,t 11 I 1 i� 4 I it I' I� i-t •`' I i ,,t ,'. i- _ - I I ,I .UI: LAV; f'I!I i F 0920-38-283 Project Location: Lucas Drive from southbound Eastex Freeway to Bigner Road. AFA LongGen Page 2 of 3 Attachment A \1 7xpOT, FCodo # 0920-38-270, 0920-38-283, 0820-38-205 _ rlct # 20 BMT AFA ID z 04003828 Chart 64 A 03200 _ Project Name 2020 HSIP Interconnoct Signals Federal Highway Administration; CFDA No. 20.205 CF DA Sloe Highway Planning and Construction AFA Not Uses! For Research & [7eve100t011t ATTACHMENT A LOCATION MAP SHOWING PROJECT . Projuilotatlon:09Zp•38.285 � �(�'4a _ washlfit to01Soultvatd {tom -.,, t, f f Wh UrAC11a M[K ParhtVay t� . p10Vatd ypY W�1nC16n Ro Page 3 of 3 AFA LongGen Attachment A ATTACHMENT B 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 .. otal Estimat ederal artici anon fate aitici atlon ocal ariici anon /o Cost /o Cost Io Cost Environmental (by Local Government °�a $a % $0 °�o $� Engineering (by Local Government) 1 % $0 IP % I $0 % $1 Construction (by State) 0920-38-279 396,306 —1 100% $396,306 % $0 % $0 Construction (by State) 0920-38-283 227,304 100% $227,304 % j$0 % 1$1. Construction (by State) 0920-38-285 440,340 100% $440,340 % Iso % Iso Subtotal 1,063,952 $1,063,950 $0 $2 Environmental Direct State Costs 1,500 % $0 % $0 00% $1,50fl Engineering Direct State Costs 5,000 % $0 % 1$0 100% $5 000 Construction Direct State Costs 96,000 % $0 % 1$0 00% $96,000 Indirect State Costs 48,000 % $0 100% $48,000 % $0 TOTAL t1,214,452 $1,063,950 $48,000 $102,502 Initial payment by the local Government to the State: $6,500.00 Payment by the Local Government to the State before construction: $96,000.00 Estimated total payment by the Local Government to the State $102,602,00 This is an estimate, The final amount of Local Government participation will be based on actual costs. Rage 1 of 1 AFA LongGen Attachment B Tx00T: CSJ E 0920-38-279, 0920.30-283, 0920-38.286 District # 20-13MT AFA ID I z00003828 Code Chart Sq It 03200 Project tame 12020 HSIP Interconnect Signals Federal Highway Administration: CFDA No. 1 20.206 CFDA Title I Highway Planning and Construction AFA Not Used For Research & ATTACHMENT C RESOLUTION, ORDINANCE, OR COMMISSIONERS COURT ORDER Page 1 of 1 AFA LongGen Altaohtneiit C L# TEXAS TO: City Council FROM: Kenneth R. Willian-is, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: March 7, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a ground lease agreement with Ben Broussard for property located at the Beaumont Municipal Airport. BACKGROUND A request was received by Ben Broussard to lease property at the airport for construction of a personal aircraft storage hangar. Mr. Broussard is proposing to construct a hangar on a 60' x 60' lot with approaches at the airport. The lease agreement provides for a twenty (20) year term commencing on April 1, 2023 ending April 31, 2043 with the option of two renewals for a period of 10 years each. Rental terms are indicated in Section 3 of the lease, All costs associated with the construction of the hangar and the approach is the responsibility of the lessee. Plans and specifications have been approved by the City staff, The plans must meet all Federal Aviation Administration guidelines and local building requirements. The lessee is required to provide the City with commercial general liability insurance coverage in the amount of $300,000 for bodily injury and $100,000 for property damage and requires to indemnify and hold the City harmless for any cause arising from the use or occupancy of the leased area. FUNDING SOURCE Not Applicable, RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is Hereby authorized to execute a Ground Lease Agreement with Ben Broussard for the construction of a personal aircraft storage hangar at the Beaumont Municipal Airport, Said Ground Lease Agreement is substantially in the form attached hereto as Exhibit "A," and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of March, 2023. - Mayor Robin Mouton - STATE, OF TEXAS § KNOW ALL MIEN BY THESE PRESENTS COUNTY Or JEFFERSON § GROUND LEASE AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Beaumont Texas, a municipal corporation, hereinafter called "Lessor," and Ben Brotissard, hereinafter called "Lessee." Lessor and Lessee, for and in consideration of the rents, covenants and agreements herein contained, mutually covenant and agree as follows, 1. LEASED PREMISES 1.1 Lessor leases to Lessee and Lessee hires from Lessor, for the purposes of constructing and operating Aircraft Storage Hangar as provided herein and for no other purpose, those certain premises located on the Beaumont Municipal airport in the County of Jefferson, State of Texas, containing 3,600 square feet of land, and being more particularly described in Exhibit "A" attached hereto and made a part hereof. 2. TERM 2.1 This lease shall be for a term of twenty (20) years, referred to as the "lease term," commencing on the 1st day of April 2023, the "effective date," which is 30 days after passage of the resolution authorizing this lease, and ending on the 3 V day ofApril 2043_; subject, however, to earlier termination as hereinafter provided. 2.2 This lease shall terminate and become null and void without further notice on the expiration of the term specified, and any holding over by Lessees after expiration of said term shall not constitute a renewal hereof or give Lessee any rights hereunder in or to the leased premises. 2.3 This lease may be renewed for two (2) ten-year terms, beginning 3anuaLy 2043, with the written approval of the Lessor and the Lessee no less than thirty days prior to the end of the current term. EXH1131T "A" 3. RE' NT 3,1 Lessee agrees to pay Lessor as rental for the use and occupancy of the leased premises the following sums, subject to adjustment as hereinafter provided; twenty-five cents ($,25) per square foot per year, payable in advance on or before the I" day of January of each year during the term of this lease. The minimum annual during the term of the agreement shall be Nine Hundred Dollars ( 900.00). 3,1.1 For the sixth (011) through tenth (10"') years of the terra hereof, the annual rental shall increase to thirty cents ($.30) per square foot per year. 3.1.2 For the eleventh (I I'll) through fifteenth (15111) years of the term hereof, the annual rental shall be increased to thirty-five cents ($.35) per square foot per year. 3.1.3 For the sixteenth (W) through twentieth (20`') years of the term hereof, the annual rental shall be, increased to forty cents ($,40) per square foot per year. 3.2 All installments of rent hereunder, when and as the same become due and payable, shall be paid to the City of Beaumont, Cash Management, P.O. Box 3827, Beaumont, Texas 77704, or to such other office or officer of Lessor as the City Manager may designate in writing in advance. 4, CONSTRUCTION BY LESSEES 4.1 Lessee shall be required to erect on the leased premises permanent Hangar(s) containing a mil)Imtlm of 3,b00 square feet of space and paved driveways accessing taxiways. Lessor shall have the fight of reasonable approval of plans and specifications for the construction of said building and appurtenances, The building and its appurtenances shall be constructed in accordance with all applicable city, state and federal laws, ordinances, rules and regulations, 4.2 Lessees shall comply with the following construction schedule; 41.1 Within one (1) month from the effective date of this agreement, Lessees shall furnish the City Manager or his designee detailed plans and specifications for construction of the building and its appurtenances. The City Manager of his 2 designee shall approve or disapprove same. The City Manager or his designee may not unreasonably withhold his approval of the construction plans and specifications. If the City Manager or his designee disapproved the construction plans and specifications, lie shall provide lessees A written statement of reasons for this disapproval. 4.2.2 Within two (2) months from the effective date of this agreement, Lessees shall commence construction of said building under a general construction contract requiring completion within twelve (12) months of the date of execution of this agreement. 4.3 No structure, or other improvement, shall be placed on the leased premises which does not comply with the plans, specifications and locations approved by Lessor. Lessees shall make no material addition to or alteration of any structure erected on the leased premises unless and until plans and specifications of the proposed addition of alteration shall have first been submitted to and approved by the City Manager or his designee. 4.4 Construction shall be performed by a contractor(s) licensed by the City of Beaumont to provide the required services. All construction shall adhere to all appropriate federal, state and local laws, regulations, standards, codes ad ordinances. 4.5 The approval by Lessor of any plans and specifications refers only to the conformity of such plans and specifications to the general architectural plan for the leased premises and such approval shall not be withheld unreasonably. Such plans and specifications are not approved for architectural or engineering design and Lessor, by approving such plans and specifications, assumes no liability or responsibility for any structure constructed froni such plans or specifications. All plans and specifications must be submitted to the City's Building Code Enforcement Division for review and approval. All applicable permits must be obtained. 5. TAXES 5.1 In addition to the rental, Lessees shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this agreement may be levied on or assessed against the leased premises and all interests therein and all improvements and 3 other property thereon. Lessees shall pay all such taxes, charges and assessments to the public officer changed with collection thereof before same shall become delinquent, and Lessees agrees to indeninify and save harmless Lessor from all such taxes, charges and assessments. 6. UTILITIES 6,1 Lessees shall pay all charges for water, heat, gas, electricity, telephone, sewers, and any and all other utilities used on the leased premises throughout the terra of this lease, including any connection fee and prorate charges. 7, USE OF PREMISES 7.1 Lessees shall use the leased premises only for the storage of personal or business aircraft. No other use is permitted without the prior written consent of the City Manager of his designee. The sale or use of alcoholic beverages is prohibited without the prior written consent of the City Manager of his designee, Additionally, Lessees will be allowed to sublet the premises, subject to approval by Lessor. Approvals required hereunder will not be unreasonably withheld. 8, ENCUM13RANCE OF LEASEHOLD ESTATE 8.1 Lessees may, at any time, encumber the leasehold interest, by deed of trust, mortgage, or other security instrument, without obtaining the consent of Lessor, but no such encumbrance shall constitute a lien on the fee title of Lessor, and the indebtedness secured thereby shall at all times be and remain inferior and subordinate to all the conditions, covenants, and obligations of this agreement and to all rights of Lessor hereunder. 8.2 if at any time after execution and recordation in Jefferson County, Texas, of any such mortgage or deed of trust, the mortgagee or trustee therein shall notify Lessor in writing that any such mortgage or deed of trust has been given and executed by Lessees, and shall at the same time furnish Lessor with the address to which it desires copies of notices to be nailed. Lessor hereby agrees that it will thereafter mail to such mortgagee or trustee, at the address so given, copies of any and all notices which Lessor may from time to time give or serve upon Lessees under and pursuant to the terms and provisions of this agreement. 4 8.3 Any lender on the security of the leasehold shall have the right at any time during the term of this agreement: 8.3.1 To do any act of thing required of Lessees hereunder and all such acts or things done and performed shall be as effective to prevent a forfeiture of Lessee's rights hereunder as if done by Lessees; and, 83.2 To realize oil the security afforded by the leasehold estate by foreclosure or power of sale or other remedy afforded at law or in equity or by the security documents and to transfer, convey, or assign the title of Lessees to the leasehold estate created hereby to any purchaser at any such foreclosure sale, and to acquire and succeed to the interest of Lessees hereunder by virtue of any such foreclosure sale. 9. RE, PAIRS AND RE' STORATION 9.1 Lessees, at Lessee's own cost and expense at all times during the term of this lease, agrees to Keep and maintain, or cause to be Dept and maintained, all buildings and improvements which may be erected on the leased premises in a good state of appearance and repair, reasonable wear and tear expected. Improvements are to include driveways, constructed ramps or taxiways on or off of leased premises to provide access to public taxiways. Failure to maintain the buildings and improvements in a good state of appearance and repair shall be considered a default in the performance of the agreement and remedied as in accordance with the provisions of this lease, 9.2 The determination of whether the buildings and inhprovenhents are in compliance with the maintenance requirements of this provision shall be the sole discretion of the Lessor. 9.3 In the event the building or any building or' -improvements thereafter constructed on the leased premises is damaged by fire or any other casualty, the Lessees shall have the option to: 9,3.1 Repair, reconstruct or replace the damaged building or improvements, with reasonable diligence, so that the building, to the extent originally constructed by Lessees, is restored to substantially the condition it was ill prior to the happening of the casualty; provided, however, that if the commencement, Construction, or completion of said repair, reconstruction, or replacement work 5 shall be prevented or delayed by reason of war, civil commotion, acts of God, strikes, governmental restrictions or regulations, or interferences, fire or other casualty, or any other reason beyond tlic control of lessees, whether similar to any of those enumerated or not, the time for the Commencing or completing, or both, of the construction of said building, as the case may be, shall automatically be extended for the period of each such delay. 9.3.2 Remove all structures, improvements, debris and remains and return the leased premises to its original condition within thirty (30) days of the casualty, if the leased premises are not returned to its original condition within the time specified, Lessor may remove or cause to be removed any remaining structures or debris and return the leased premises to its original state. All costs shall be borne by the Lessees. In addition, the lease shall terminate with no prorate return of any rentals paid. 10, LIENS 10.1 Lessees shall not suffer or permit any mechanics' liens or other liens to be filed against the fee of the leased premises nor against Lessee leasehold interest in the land nor any buildings or improvements on the leased premises by reason of any work, labor, services, or materials supplied or claimed to have been supplied to Lessees or to anyone holding the leased premises or any part thereof through or under Lessees. 10.2 if any such mechanics' liens or niaterialmen's liens shall be recorded against the leased premises, or any improvements thereof, Lessees shall cause the same to be removed or, in the alternative, if Lessees in good faith desires to contest the same, Lessees shall be privileged to do so, but in such case Lessees hereby agrees to indemnify and save Lessor harmless form all liability for damages occasioned thereby and shall, in the event of a judgment of foreclosure oil said mechanics' lien, cause the same to be discharged and removed prior to execution on such judgment. 11. INSURANCE AND INDEMNFICATION 11.1 Lessees shall indemnify, defend, and bold liarinless Lessor, its officers, agents and employees from any and all liabilities, demands, actions, losses, damages and costs, T including all costs of defense thereof caused by or arising out of, or in ally way related to Lessee's use or occupancy of the leased premises or occurring 011 the leased premises during the term of the lease or caused by, arising out of, or in any way related to operations conducted by Lessees including claims, liabilities and actions lased Upolk acts, oinission, or negligence of the Lessor, its officers, agents, and employees. Upon demand, Lessees shall, at its own expense, defend Lessor, its officers, agents, and employees, through counsel acceptable to Lessor, against any and all liabilities, claims, demand, actions, damages and costs. 11,2 Lessees shall purchase and maintain in full force and effect insurance as provided herein, with the City of Beaumont as a named insured. A certificate of insurance, or a copy of the insurance policies, shall be furnished to Lessor and shall provide that the Lessor shall receive ten days' prior written notice before any change or cancellation of any policy, The limits established herein may be modified by prior written consent of the City Manager or, his designee and shall be increased if the Lessor's standards are amended to provide increased limits. COMMERCIAL GENERAL LIABILITY COVERAGE: Bodily injury (cacti accident): $300,000,00 Property damage (each accident): $100,000.00 12, SUBLEASES 12.1 Lessees may not sublease or assign any portion of the agreement or any of the premises leased to Lessees, nor shall a foreclosing trustee, lien Bolder, or mortgagee do so, to any other person, firm, or corporation without the prior consent, in writing, of Lessor, which consent shall not be unreasonably withheld. 13, DE( FAULT AND REMEDIES 13.1 Should Lessees default in the performance of any covenant, condition, or agreement in this lease, and such default is not corrected within ten (10) days after receipt of written notice from Lessor to Lessees and any lender as required by Section 8, Lessor may declare this lease, and all rights and interests created by it, to be terminated. Upon Lessor electing to terminate, this lease shall cease and come to an end as if that were the day originally fixed herein for the expiration of the term hercof, and including payment of ground rental beyond that date, Upon such event, Lessees must h remove building and improvers-ients constructed and return the leased premises to its original condition within thirty (30) days, Failure to so remove the structure and improvements results in the Lessor's right to obtain possession and ownership of the building all([ improvements, Lessor, its agent or attorney, nzay resume possession of the premises and by such action obtain ownership. The building constructed on the leased premises and may at its option relet the same for the remainder of the term, 13.2 Any termination of this lease as herein provided shall not relieve Lessees from the payment of any suns or sums that shall then be due and payable to Lessor hereunder, or ally claim for damages then or theretofore accruing against Lessees hereunder, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessees for any default thereunder. Ali rights, options, and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this lease shall be construed or held to be a waiver of any succeeding or proceeding breach of the same or any other covenant, condition, or restriction herein contained, 14. GENERAL PROVISIONS 14.1 Lessees may not conduct any other aeronautical within or upon the leased premises without the prior written consent of the City Manager or his designee. 14.2 The Lessees for himself, his personal representatives, successors in interest, and assigns, as a part of tile, consideration hereof, does hereby covenant and agree as a covenant running with the land that: 14.2.1 No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 14.2.2 That ill the Construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or 8 national origin shall be excluded from. participation in, denied the benefits of, or be, otherwise subjected to discrimination, 14,2.3 That the Lessees shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR fart 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said. Regulations may be amended. t4,3 That in tl.e event of breach of any of the preceding nondiscrimination covenants, Lessor shall have the right to terminate the license, lease, permit, etc., and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued. 14A During the time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended, 14.5 No right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the Airport fronx performing any services on its own aircraft with its own regular employees (111C113ding but not limited to maintenance, repair, and fueling) that it may choose to perform. 14.6 It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right forbidden by Section 308(a) of the Federal Aviation Act of 1958 or for aeronautical activities. 14.7 Lessor reserves the right, in a reasonable and nondiscriminatory manner, to further develop or improve the area of the Airport as it sees fit, regardless of the desires or views of Lessees and without interference or hindrance. 14,8 Lessor shall have the right, but not the obligation, to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of Lessees in this regard. 9 14.9 Al l hangars, buildings, properties or land on the Airport, shall be maintained in a clean, attractive, weed free, well painted, junk free condition. Lessor shall ensure that all debris and trash are removed from within and around the leased premises in accordance with all applicable laws or requirements, Lessor is responsible for providing proper trash receptacles and storing such within the hangar. Lessees shall not allow the accumulation of materials, goods, trash or equipment around the exterior of the hangar. Lessees shall maintain cultivated areas in accordance with airport regulations. 14.10 Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstructions together with the right to prevent the erection of any building or other structure on or adjacent to the Airport which would limit the usefulness of the Airport or constitute a hazard to aircraft. 14.11 This agreement shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States, relative to the operations or maintenance of the Airport, 14.12 Incorporated into this agreement, by reference and as though set forth herein verbatim, are the Minimum Standards and. Requirements for the Conduct of Commercial Aeronautical Serviees and Activities adopted by the Lessor. Such minimum standards shall be lawful, reasonable and nondiscriminatory. Further, all parties hereto agree to comply with all rules and regulations of the Federal Aviation Administration and the laws of the United States of America, the State of "Texas, and all laws, regulations, rules and ordinances of the City of Beaumont as they now exist or may hereafter be enacted or amended, and will not permit the premises covered by this agreement to be used for any unlawful or improper purpose. M.13 The standards and regulations enacted by the governmental agency responsible for the operation of the Airport, now or in the future, niay provide for use charges to be paid by those using, occupying, or conducting operations at the Airport. Such charges may be based upon square footage, receipts or other reasonable basis, to be established by such standards and regulations. Lessees agrees to pay such charges as same are due and owing under any such standards or regulations now or hereafter in effect. Any such use charges shall be lawful reasonable and nondiscriminatory. 10 14,14 Lessor may, on account of the breach of any provision hereof, including the standards and regulations incorporated herein by reference, terminate this agreement and eject the party in violation in accordance with the provisions of this lease. 14, i 5 The purpose of the lease and the operations to be conducted by Lessees or sub-leesses, and the identity of the premises to be occupied, are set forth in this lease, No other operations, business, or occupancy may be had or done without the additional written consent of the Lessor. 14,16 It is mutually understood and agreed that nothing in the agreement is intended or shall be construed as in any way creating or establishing the relationship or partners or co-partners between the parties hereto, or as constituting the Lessees as an agent or representative of the Lessor for any purposes or in any manner whatsoever. 14,17 Lessees shall permit Lessor's agents, representatives, or employees to enter on the leased premises for the purpose of inspection, to determine whether Lessees in compliance with the terms of this lease, for purposes of maintaining, repairing, or altering the premises, or for the purpose of showing the leased premises to prospective Lessees, purchasers, mortgagees, or beneficiaries under trust deeds, 14.18 No waiver by Lessor of any default or breach of any covenant, condition, or stipulation herein contained shall be treated as a waiver of any subsequent default or Breach of the same or any other covenant, condition, or stipulation hereof. 14,19 This agreement shall be construed ender and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder is performable in Jefferson County, Texas. 14,20 in case anyone or more of the provisions contained in this agreement shall for any reason be held to be, invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 14,21 This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject inatter, 14.22 No amendment, modification, or atteration of the terms hereof shall be bidding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. 14.23 Lessees shalt not erect, paint or place any exterior signs on the leased pren-iises or the structure placed thereon. 14.24 Only aircraft may be stored in Hangars. No other non -aeronautical equipment, cornbustibte products, or items may be placed there for use or storage. 14.25 Lessees are granted the right to operate from temporary facilities on the leased premises pending occupancy of his permanent structure. 15. OWNERSHIP BUILDING 15,1 Lessor, upon expiration of the term hereof or upon earlier termination of this agreement as provided herein, shall remove or cause to be removed the existing structure and any improvements from the leased premises and return said leased premises to its original condition within sixty (60) days, Lessce may negotiate a group lease renewal for the leased premises, Although, the Lessee is not obligated to enter into any subsequent agreement. 16. APPROVAL OZ'' PAA 16.1 The parties recognize that location of Lessee's operation may require amendment of the airport master plan and approval by the Federal Aviation Administration and the Texas Department of Transportation. Lessor agrees to make, such amendment as may be necessary and to submit same to said agencies for approval. This agreement is contingent upon such approval, and in the event the amendment shall not be approved, this agreement shall terminate and both parties shall be released from all obligations herein contained. 12 17. NO`I`ICES 17.1 All notices provided to be given under this agreement shall be given by certified mail or registered mail, addressed to the proper party at the following address: LESSOR City of Beaumont Public Works Department 801 Main St, Ste. 200 Bearintont, Texas 77701 LESSEE Ben Broussard 4425 Thomas Ln Beaumont, Texas 77706 EXECUTED this day of , 20 LESSOR: CITY OF BEAUMONT Attest: By: LESSEE: Kenneth R. Williams, CityMatlagel' Attest: By: Ben Broussard, Owner 13 No Text E� TEXAS TO: City Council FROM: Kermeth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: March 7, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to authorize final payment to LD Construction and award the remaining contract amount to Gulf Coast, a CRH Company, for the Street Preservation Citywide Phase I Project. BACKGROUND On June 28, 2022, by Resolution No. 22-161, City Council awarded a contract to LD Construction, of Beaumont, in the amount of $1,334,033.60, for the Street Preservation Citywide —Phase I Project. Previous Change Order No. 1, in the amount of $92.00, resulted in a decrease to the original contract making the new contract amount $1,333,941.60. Effective December 2, 2022, LD Construction and PTSS Investments officially became part of Texas Materials Group, Inc., a family of four companies which operate as part of CRH. Going forward, all products and services will operate under the Gulf Coast, a CRH Company brand. Gulf Coast has submitted all paperwork and documentation required for them to contractually take on the responsibility of the remaining work for this project. As of November 17, 2022, the remaining balance to finish the contract, including retainage, is $1,038,421.60. Of the remaining balance, LD Construction and Gulf Coast agree a final payment of $289,078.57 is owed to LD Construction for the Street Preservation Citywide — Phase I Project. Acceptance of final payment to LD Construction in the amount of $289,078.57 and the remaining contract amount of $749,343.03 allocated to Gulf Coast, a CRH Company to complete the project is recommended. FUNDING SOURCE Capital Program — Street Rehabilitation Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on .June 28, 2022, the City Council of the City of Beaumont, Texas adopted Resolution No. 22-161 awarding a contract to LD Construction, of Beaumont, Texas, in the amount of $1,344,033.60, for the Street Rehabilitation Citywide- Phase I Project; and, WHEREAS, previous Change Order No. 1 in the amount of ($92.00), resulted in a decrease to the original contract malting the new contract total $1,333,941,60; and, WHEREAS, effective December 2, 2022, LD Construction and PTSS Investments of Beaumont, Texas officially became part of Texas Materials Group, Inc., of Beaumont, Texas, which operate as a part of CRH; and, WHEREAS, moving forward all products and services will operate under the Gulf Coast, a CRH Company brand; and, WHEREAS, as of November 17, 2022 the remaining balance to finish the contract, including retainage, is $1,038,421.60; and, WHEREAS, of the remaining balance, LD Construction and Gulf Coast agree a final payment of $289,078.57 is owed to LD Construction of Beaumont, Texas for the Street Rehabilitation Citywide -- Phase IV Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager is hereby authorized to make final payment in the amount $289,078.67 to L.D Construction of Beaumont, Texas for the Street Rehabilitation Citywide -- Phase l Project; and, THAT the City Manager be and he is hereby authorized to execute a contract with Gulf Coast, a CRH Company, of Beaumont, Texas in the amount of $749,343.03 for the Street Rehabilitation Citywide — Phase I Project, substantially in the form attached hereto as Exhibit "A," 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 55'1. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of March, 2023. Mayor Robin Mouton RESOLUTION NO.22-161 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Street preservation City Wide -Phase I Project; and, WHEREAS, LD Construction, of Beaumont, Texas, submitted.a bid in the amount of $1,334,033.60; and, WHEREAS, the City Council is of the. opinion that the bid submitted by LD Construction, of Beaumont, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to LD Construction, of Beaumont, Texas, in the amount of $1,334,033.60 for the Street Preservation City Wide -Phase I Project; and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute a contract with LD Construction, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. EXHIBIT"A" PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of June, 2022, Mayor Robin Mouton Contract - 002,001 26-Aug-2022 00:16 AM CST 002.001; CHANGE ORDER NO. 01 Street Pavement Preservation City Wide - Phaso I Boaumont Beaumont, Toxas 77713 Projort Number: PW0327.-12 Grand Total; $-92.00 For 002 Slroot Pavement Preservation City Wide - Phase 1 Division 01 Line Item unit price Typo Grotip 3.0 Construction Scope of Work Notes Suppliers unable to consistently provide RAC -A material noodod forTCM TYF'E-F PG70.22 mix at this lime. Proposed substliullon for Tom TYPE-F is b•aft TYPE-F P070.22, Awardod To 1.1) Conslluctlon Jeremy Hommings 4264 Reason Worsoon Silo Conditions code Days 0 Changan Attachments Change order Summary original contract Sum Net Cost by Previous Approvott Cos Contract Stun Before This Co Contract Sum Changed By This CO Now Contract sum Ail Change Orders make up -0.01 % 01the Original Contfact Accounting and Status Accountlug Status Item Id 1,334,033.60jSubstantlat Complollon Cato 0.00I NetTima Change By Provloue 00s 1,334,033,00 Substantial Completion before Ttile CO -02.00171mo Changed By Tills CO 1,333,941,001 Now substantial Completion Date 284 0 days 0 days PO Numbor Accounting Project Cade Custom AccounllnU Field 06 Custom Accounting FloW 07 Line Items 424390 PRMA Number ECustorn Accounting Ptold 04 Custom Accounting Field 06 Custom Accounting Field 08 Item 11 Account Code Wa818acti0n Dosoriptton Contract Items 310 6003 300 D-GR HMA TY F P070.22 (V) 347 6003 300 TOM TY-F P070.22 (1,00") Total ApprOVal Approved Name or Role Status 1 External -GC Approved Jeremy Hemmings 26-Aug-2022 08-.36 AM CST 2 Project Manager Approved David Tingle 26•Aug-2022 00:37 AM CST 3 Cilp[ngineer Approvod Amelia "Molly" Villarroal 26-Aug-2022 02:24 PM CST 4 Director Approved Bart RarlkoWak 20-Aug-2022 00:27 AM CST 6 Admin Approved Crystal Garza 28-Aug-2022 00:62 AM CST erk Quantity UOM Unit Price Total Amount 7,100.00 TON 128,00 021.008.00 -7,086.00 TON 130,a0-021,180,00 -02.00 Grand Total: •02.00 Duo: 2-Sep-2022 Actions f � j Date (� Invoice # 002,003 27-Feb-2023 10:47 AM CST Street Pavement Preservation Oily Wide - Phase I Beaumont Beaumont, Texas 77713 Project Number; PW0322.12 002,003: LD Construction - Street Pavement Preservation City Wide - Phase 1 Amount Due: $289,078.57 For Contract Contract , 002 Street Pavement Preservation City Wide - Phase 1 Date 08-Dec-2022 Line ltom Unit Price Type Group 3.0 Conslrootlon Pay Period. 01-Nov-2022 to 30•Nov-2022 Raiaina0o WC 5.00 - MS 0.00 Paymont To LD Construction Jeremy Hommings 4264 Date Due Tarns Attachments Line Items Work Materials Account WBS/ Unit Completed Stored % WC % MS Itam A Code section Desoripflon Quantity UGM Price (WC) (MS) Retainage Retainarge CHANGE ORDER NO.01 -Contract items 340 6003 300 D•GR HMATY•F P070-22 (1") 1,058.83 TON 128.00 212,330,24 0.00 6.00 0.00 347 6003 300 TOM TY F P070.22 (t.00") 0.00 TON 130,00 0.00 0.00 5.00 0,00 Total � 212,330,24 0.00 Contract items 100 6001 100 PREP ROW (NOT TO EXCEED 171.70 STA 150.00 26,765,00 0.00 6.00 0.00 $300 PER STATION) 347 0003 300 TOM TY•F PG70-22 (1.00°) o.an TON 130.00 0.00 0.00 5.00 0.00 361 6001 300 REPAIR or FLEXIBLE 691.70 SY 60.00 41,602,00 0.00 5.00 0.00 PAVEMENT (WASB) 500 6001 500 MOBIL17ATION (NOT TO 0.00 LS G3,000.00 0.00 0.00 6.00 0,00 EXCEED 5%) Work Matorials Account WSSI Unl( Comptete(I Stared % WC % M8 Item f1 Coda Section Description Quantity UOM Price (WC) (MS) Retainago Retainage 602 6001 500 BARRICADES, SIGNS & 1.00 MO 1,000.00 1,000.00 0,00 5.00 0.00 TRAFFIC HANDLING (NOT1.0 EXCEED $5,000 PER MONTH) 530 6011 500 INTERSECTIONS, DRIVEWAYS, 119.53 TON 200.00 23,706.00 0.00 5.00 0.00 AND TURNOUTS (ACP) 666 6005 600 RE FL PAV MRK TY I (WHITE) 0.00 LF 13.50 0.00 0.00 5.00 0.00 (12") (SOLID) (100 MIL) (NO SEALER REQUIRED) 666 6003 600 REFL PAV MRK TY I (WHITE) 0.00 LF 4.40 0,00 0.00 5.00 0.00 (811) (SOLID) (100 MIL) (NO SEALER REQUIRED) 666 6002 600 REFL PAV MRK TY I (YELLOW) 0.00 LF 1.00 0.00 0.00 5.00 0.00 (4") (BROKEN) (100 MIL) (NO SEALER REQUIRED) 666 6001 600 REFL. PAV MRKTY I (YELLOW) 0.00 LF 0.86 0.00 OAO 5.00 0,00 (4-) (SOLID) (100 MIL) (NO SEALER REQUIRED) Total - .w 91,963.00 0100 Grand Total: $304,293.24 Summary 1, CONTRACT SUM +AMENDMENTS 1,33033,60 2. NET CHANGE BY Change Order -92.00 3. CONTRACT SUM TO DATE (1-1no 1+ Line 2) 1,333,941.60 4, TOTAL COMPLETED & STORED TO DATE 615,366.92 5, RETAINAGE 5a, 5,001% Of Completed Work (Column I on Continuation Sheet) 30,768.$5 5b, 0,00% Of Stored Material (Column J on Conlinue(ion Sheet) 0.00 TOTAL RETAiNAGE (5a + 5b) 301768.35 6, TOTAI. EARNED LESS TOTAL RETAINAGE 584,696.57 7, LESS PREVIOUS CERTIFICATES FOR PAYMENT 296,620,00 8, CURRENT AMOUNT DUE $260.078,57 S. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) 749,343,03 Change Order Summary NET CHANGE by Change Order $-02.00 ADDITIONS DEDUCTIONS Total changes approved in previous pay periods 021.088,00 -921' 180.00 Total approved this pay period 0,00 0.00 TOTAL 021,088.00-921,180.00 Accounting and Payment Status Invoice Id Payment Status Paid Data PO Nurnbor Accounting Project Code Custom Accounting Field 06 Custom Acceuntlncd Field 07 Approval Approved Name or Role 1 Exlernal•GG 2 Project Manager 3 City Engineer 4 Director 5 Admin 487 431067 status Check #is Paid Amount FFMA Number Custom Accounting Field 04 Custoin Accounting Field 06 Custom Accounting Field 00 Approved Jeremy Hammings 12-DOO.2022 08:17 AM CST Approvod David'nngla 20-Dec-2022 11:51 AM CST Approved Amelia "Molly" Villarreal 20-Dec-2022 11:55 AM CST Approvad Bart Bartkowiak 20•Dec-2022 12:05 PM CST Approved Crystal Garza 27-Feb-2023 10:47 AM CST I Created by: Julie Hammond on 08•Dac-2022 Last Modified by: Crystal Garza on 27-1 eta-2023 $ 0.00 Duet 6•Mar--2023 Actions LD Construction, LLC PTSS Investments, LL December a, 2022 Dear Valued Customer, 140 S. Dowlon ##694 Beaumont, U 77797 O: 409-a66.7267 F: 40D-066.4447 As a valued customer, I atn pleased to Inform you that LD Construction and PTSS Investments has officially become part of the Texas Materials Group, a family of four companies which operate as part of CRH, the leading building materials business In the world. Our Beaumont -based operations will become part of TMG's Gulf Coast business, headquartered- in Beaumont and Houston, As a result of this merger with the Texas Materials Group, our team Is growing and we took forward to continuing to provide the quality products and services you have come to expect through our combined plant network and expanded capacity, In the coming weeks, cur business will begin rebranding. Going forward, all of our products and services will operate under the Gulf Coast brand. There will be no change to the services provided or to the sales representatives who are currently handling your project/account at this time. Your payment terms and conditions will continue as they are today. We ask that you please update your records with the W9 Information provided. As we work through this Integration, effective December 2, 2022, you'll begin receiving Invoices and tickets from Gulf Coast, Payments may be sent to: Gulf Coast 1320 Arrow Point Drive Suite 600 Cedar Park, TX 78613 You may also remit payment via ACH. If you require an authorization letter, please small jX NoP(; 1 AR&La c .ccm to request. All payments for services prior to December 2, 2022, should be sent to: Troy Dodson 14B S. Dowlen #2694 Beaumont, TX 77707 While our name may be changing, our commitment to safety, quality and customer service Is not. You'll still be working with the same great people and receiving the same great service. We look forward to continuing to serve you. In the meantime, please feel free to contact your sates representative with any questions or call our Beaumont office at 409-866-1444. Slncerel , Troy Dodson ABOUT US: The Texas Materials Group is a family of four Texas companies [Texas Materials, Texas Concrete, Gulf Coast, and TexasBlt] which operate as part of one global building materials manufacturer and construction company. That means you get the on -the -ground expertise from local lab technicians, health and safety specialists, mechanics and machine operators, At the same time, we ensure our work is performed to the high standards that have made CRH the leading building materials business In the world. Learn more: Www texssmaierialsoroup—gom ABOUT CRH: CRH (LSE: CRH, ISE: CRG, NYSE: CRH) Is the leading building materials business In the world, employing 79,200 people at c.3,100 operating locations In 30 countries. It is the largest building materials business In North America, a leading heavyside materials business In Europe and has positions In both Asia and South America. CRH manufactures and supplies a range of Integrated building materials, products and innovative solutions which can be found throughout the built environment, from major public infrastructure projects to commercial buildings and residential structures. A Fortune 500 company, CRH is a constituent member of the FTSE 100 Index, the EURO STOXX 50 Index, the ISEQ 20 and the Dow Jones Sustainability Index (DJSI) Europe. CRH'4 American Depositary Shares are listed on the NYSE. For more information visit �A rh orr AFFIDAVIT My name is JKgy Dodson . I ani the of LD Construction Company (" LD Construction"), am above the age of eighteen years, and & fully competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. 1 am the Ua - of LD C011811'lletion. On December 2, 2022, Texas Materials Group, Inc., the entity that operate as Gulf Coast, a CRH Company, acquired certain assets of LD Construction (among other affiliated sellers), including the benefit of the contracts listed below. By request of the City of Beaumont, the undersigned hereby affirms that the final payment amounts owed by the City of Beaumont to LD Construction for the projects listed below are as follows; Street Rehabilitation City Wide --Phase IV (PW1022-01): $39,118.15 final payment to LD Construction Street Preservation City Wide — Phase 1(PW0322-12): $289,078.57 final payment to LD Construction I HEREBY AFFIRM UNDER PENALTY OF PERJURY THAT THE FACTS AND INFORMATION CONTAINED HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. Dated this 1� day of February 2023. LD Construction Company Printed Name: Troy Dodson Title; ACICNOWLEDGE,MEN'I' STATE OF TE3YA COUNTY OFF !' `, J Before me, a Notary Public, personally appeared the above -named individual and swore that the statements contained in the foregoing are true and correct to the best of her/his knowledge and belief. Subscribed 4nd swot to me this day of February 2023. Notary Public Signature �nPl((/✓i PAULA NAf{RIS My Commission Expires, �/ Seal � ` Notary 11) N1179575 / yTf of �4t My CPn M4110n Expires May 9, 2025 AFFIDAVIT My name is lolrrrathagt„Murlalry_ I ant the O erations Mana er of Gulf Coast, a CRH Company, atn above the age of eighteen years, and am #filly competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the Operations Manager of Gulf Coast, a CRH Company. On December 2, 2022, Texas Materials Group, [tic., the entity that operates as Gulf Coast, a CRH Company, acquired certain assets of LD Construction Company ("LD Construction") (among other affiliated sellers), including the benefit of the contracts listed below. By request of the City of Beaumont, the undersigned hereby affirms that the final payment amounts owed by tine City of Beaumont to LD Construction for the projects listed below are as follows: Street Rehabilitation City Wide— Phase 1V (PWh022-01): $39,118.15 final payment to LD Construction Street Preservation City Wide -- Phase I (PW0322-12): $289,078.57 final payment to LD Construction I HEREBY AFFIRM UNDER PENALTY OF PERJURY THAT THE FACTS AND INFORMATION CONTAINED HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, Dated this A day of February 2023. Gulf Coast, A CRH Company ri ed Name; ohna na u h rtle: O erations Mana er ACKNOWLEDGEMENT STATE OF TE J COUNTY 0 Before 1ne, a Notary Public, personally appeared the above -named individual and swore that the statements contained in the foregoing are true a d correct to the best of her/his knowledge and belief, Subse -(be and s orn to me thus(( of l� (lay February 2023, Notary Public Signature ti*a� Pue YAUTA HARRIS My Commission Expire Seal =`Jn Rotary ID #1179575 My COMMISSIDn Expires 1ior� May 9, 2025 r� �11s IL � 11"i n M TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: March 7, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to authorize final payment to LD Construction and award the remaining contract amount to Gulf Coast, a CRH Company, for the Street Rehabilitation Citywide Phase IV Project. BACKGROUND On November 9, 2021, by Resolution No. 21-304, City Council awarded a contract to LD Construction, of Beaumont, in the amount of $5,188,661.94, for the Street Rehabilitation Citywide — Phase IV Project. Previous Change Order No. 1, in the amount of $311,74, resulted in an increase to the original contract making the new contract amount $5,188,973.68. Effective December 2, 2022, LD Construction and PTSS Investments officially became part of Texas Materials Group, lne., a family of four companies which operate as part of CRI-1. Going forward, all products and services will operate tinder the Gulf Coast, a CRII Company brand. Gulf Coast has submitted all paperwork and documentation required for therm to contractually take on the responsibility of the remaining work for this project. As of November 9, 2022, the remaining balance to finish the contract, including retainage, is $2,899,356.97. Of the remaining balance, LD Construction and Gulf Coast agree a final payment of $39,118.15 is owed to LD Construction for the Street Rehabilitation Citywide -- Phase IV Project. Acceptance of final payment to LD Construction in the amount of $39,118.15 and the remaining contract amount of $2,849,238.82 allocated to Gulf Coast, a CRH Company to complete the project is reconnnnended. FUNDING SOURCE Capital Program — Street Rehabilitation Progrann. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on November 9, 2021, the City Council of the City of Beaumont, Texas adopted Resolution No. 21-304 awarding a contract to LD Construction, of Beaumont, Texas, in the amount of $5,188,661,94, for the Street Rehabilitation Citywide Phase IV Project; and, WHEREAS, previous Change Order No. 1 in the amount of $311.74, resulted in an increase to the original contract malting the now contract total $5,188,973.68; and, WHEREAS, effective December 2, 2022, LD Construction and PTSS Investments of Beaumont, Texas officially became part of Texas Materials Group, Inc., of Beaumont, Texas, which operate as a part of CRH; and, WHEREAS, moving forward all products and services will operate under the Gulf Coast, a CRH Company brand; and, WHEREAS, as of November 9, 2022 the remaining balance to finish the contract, including retainage, is $2,888,356,97; and, WHEREAS, of the remaining balance, LD Construction and Gulf Coast agree a final payment of $39,118.15 is owed to LD Construction of Beaumont, Texas for the Street Rehabilitation Citywide -- Prase IV Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager is hereby authorized to make final payment in the amount $39,118,15 to LD Construction of Beaumont, Texas for the Street Rehabilitation Citywide — Phase IV Project; and, THAT the City Manager be and he is hereby authorized to execute a contract with Gulf Coast, a CRH Company, of Beaumont, Texas in the amount of $2,849,238.82 for the Street Rehabilitation Citywide — Phase IV Project, substantially in the form attached hereto as Exhibit "A," 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 7th day of March, 2023. Mayor Robin Mouton RESOLUTION NO.21-304 WHEREAS, the City of Beaumont solicited bids foir furnishing all labor, materials, and equipment for the Street Rehabilitation City Wide -}chase IV Project, and, WHEREAS, LID Construction, of Beaumont, Texas, submitted a bid in the amount of $5,188,661,94; and, WHEREAS, the City Council is of the opinion that the bid submitted by LD Construction, of Beaumont, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to LID Construction, of Beaumont, Texas, in the amount of $6,188,661,94, for the Street Rehabilitation City Wide -Phase IV Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with LID Construction, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 EXHIBIT "A" PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of November, 2021, Mayor Robin Mouton - Contract # 001,001 07-Jul-202211:154 AM CST Street Rehahlilletlon Phase IV 801 Main Street t3eauniont, TX 77701 Project Number: PW1022-01 001.001: C0#001.001; CHANGE ORDER NO, 1 Grand Total; $3i9.74 For 001 Street Rehablll€anon Clty Wide - Phase 4 Dlvislon 01 Lino €tom Unit prlce Type Group 3.0 Construction Scope of Work Notes Additional pavernani markinge for olshman Road at Major Dtivo. Awarded To LD Consiruulton Jeremy Hemmings 4204 Reason Quantity Adjustment Coda Days 0 Changed Attaahmonts Change Order Summary original Corttraat Sum 5J86,661.94 Substantial Coniplatlon Date Net Cost by Previous Approved Cos 0,00 Net Tim. Change By Previous Ct)s 0 dnys Contraot Sum Before This CO 5,100,681.94 Substantlal 00111000011 bOfer. This CU Oo1llract Sum Changed By nits CO 311.74 IThtto Cisangod By This GO 0 days Now Contraot Sum 5,16%973.681 New Substantial Completion Data All Change Orders make up 0.01 % of the Oriylnel Contract Accounting and Status Aceounttnu Status Kam Id tat PO Nurnlw Accounting Projoct Cotlo Custom Accounting Field 05 Custom Accounting l=lold 07 Une Items Item Account WBSI 421631 FEMA Nunrohor Custom Accounting Fluid 04 Custom Accounting Hold 06 i Custom ACcotmting rici l oo # Code Section Description Contract Items 666 6003 600 RFFL PAV MRK TY 1(VVI-IITE) (411) (SOLID) (100 MIL) (NO SEAt.FR REQUIRED) Total Approval Approved Namo or Rale Status 1 External -GC Approved Jeromy Hemmings 07-Jul-2022 06:G1 AM CST 2 Project Manager Approved Davld Tingle 07-J111-2022 00:20 AM CST 3 City Engineer Approved Arnalla "Molly" Villarreal 07-Jul-2022 09:20 AM CST 4 Director Approved 13art Bartkowiak 07-Jul-2022 09:56 AM CST 6 Admllt Approved Crystat Garza 07 JLII-2022 11:54 AM CST APPROVED BY; --.-..- Chris Bootie DRto Interim City Manager bolt Total Quantity u0m Price Amount 143.00 LF 2116 311.74 Grand Total: 311,74 Actions A'ITFB TED BY: I 0DVa QA� Iiva rotlssard Date City Cleric Due: 14-Jui-2022 lnvnicr> it 001.011 27•Feb-2023 02:04 PM CST Street Rehabilitalion Phase IV 801 Matta Strout Beaumont, TX 71701 Pfoject Number: PW1022.01 001.011: LID Construction - Street Rehabilitation City Wide - Phase 4 Amount Due: $39,118.16 For Contract Contract - 001 Street Rehahilitatioro City Wide - Phase 4 Date 12-Derr2022 Line ltom Unit price Type Group 3.0 Construction Pay Period 01-Nov-2022 to 3o•Nov-2022 Retainago WC 5.00 - MS 0.00 Payment To LD Construction Jeremy Hemmings 4264 Date Due Terms Attachments Line Items Work Materials Account WBS1 Completed Stored °/a WC % MS Item 11 Code Section Dascriptl011 Quantity UoM Unit Price (WC) (MS) Retatnage Rotainage C011001.001: CHANGE ORDER NO. 1 - Contract Items 666 6003 600 RUL PAV MRK TY I (WHITE) 0.00 LF 2..113 0.00 O.flO 5,00 0.00 (4") (SOLID) (100 MIL) (NO SEALER REQUIRED) Total 0.00 0.00 Contract Items 100 6001 100 PREP ROW (NOT TO EXCEED &1.60 STA 250.00 15,400.00 0,00 5.00 0,00 $300 PER STATION) 275 6012 200 CEMENT TRT (MIX EXISTING 2,177.70 SY moo 21.777.00 0.00 6.00 0.00 MATGRIAQ (8" TO 10") $40 6004 300 D GR HMAN-D P070-22(1,5") 0,60 TON 100.00 0.00 D.00 5.00 0.00 (LEVEL�UP) 340 6003 300 D-GR HMATY+ PG70-22 0.00 TON 100.00 0.00 0.00 5.00 0.00 (1.25") (WEARING SURFACE) Work Materials A£oeunt WBS1 Completed Stored % WC % MS Item 11 C6do Section D000I)II011 Quantity LIOM Unit PrIcO (WC) (MG) Retelnage Retalnago 340 6001 300 D•GR HMATY-D PG70-22 (1,5") 0,00 TON 100.00 0,00 0.00 5.00 0.00 (WEARING SURFACE) 351 6001 300 REPAIR OF FLEXIEtLE 0.00 SY 70.00 0,00 0.00 5.00 0.00 PAVEMENT (8" AS13) 354 9099 300 PLANE AC (V TO 3") (SKID 0,00 SY 5.00 0.00 0.00 5.00 0.00 STEER MOUNTED EQUIPMENT) 354 6096 300 PLANE ASPH CONC PAV (1" 0,00 SY 3,00 0.00 0.00 6.00 0.00 TO 3") 500 6001 500 MOBILIZATION (NOTTO 0.00 LS 200,000,00 0.00 0.00 5.00 0.00 EXCEED 5%) 502 6001 500 BARRICADES, SIGNS & 1.00 MO 4.000,00 4,000.00 0.00 5.00 0.00 TRAFFIC HANDLING (NOTTO EXCEED $5,000 PER MONTH) 530 6011 500 INTERSECTIONS, 0.00 TON 150.00 0.00 0.00 5.00 0.00 DRIVEWAYS, AND fORNOUTS (AC P) 666 6006 600 REFL PAV MRK TY I (WHITE) 0.00 LF 34,00 0.00 0,00 5.00 0.00 (2411) (SOI.ID) (100 MIL) (NO SEALER REQUIRED) 066 6005 600 REFL PAV MRKTY I (WHITE) 0,00 LF 17.00 0.00 0,00 5,GD 0.00 (1211) (SOLID) (100 MIL) (NO SEALER REQUIRED) 666 6004 600 REFL PAV MRK TY I (WHITE.) 0.00 LF 2.18 0.00 0,00 5,00 0.00 (4") (BROKEN) (100 MIL) (NO SEALER REQUIRED) 666 6003 600 REFL PAVMRKTY I (WHITE) 0,00 LF 2.18 0.66 0.00 5.00 0.00 (411) (SOLID) (100 MIL) (NO SEALER REQUIRED) 666 6002 600 REFL PAV MRK TY I (YELLOW) o,0o LF 2A1 0.00 0,00 5.00 0,00 (4") (BROKEN) (100 MIL) (NO SEALER REQUIRED) 666 6001 600 REFL PAV MRK TY I (YFLLOR 0.00 LF 2.18 0.00 0,00 5.00 0.00 (411) (SOLID) (100 MIL) (NO SEALER REQUIRED) 608 6085 600 PREFAB PAV MRK TY C 0.00 EA 3,241,00 0.00 0.00 5,00 0.00 (WHITE) (WORD) 668 6088 600 PREFAB PAV MRK TY C 0.00 EA 4,094.00 0,()0 0.00 5.00 0,00 (W-IITE) (DOUBLE ARROW) 668 6077 600 13REFAB PAV MRK TY C o,0o EA 2,264.00 0.00 0.00 5.00 0,00 (WHITE) (ARROW) 713 6005 700 CLEANING AND SEALING 0.00 LF 2,00 0,00 0,00 6.00 0.00 JOINTS ANO CRACKS Work Materials Account WBSI Completed Stored % WC % MS Item 0 Code Section Description Quantity UOM Unit Price (WC) (MS) Retainage Retainage Total 41,177.00 0.00 Grand Total. $41,177.00 Summary 1, CONTRACT SUM +AMENDMENTS 5,188,661.94 2.. NET CHANGE BY Change Order 311.74 3. CONTRACT SUM TO DATE (Line 1+ Line 2) 5,188,078.68 4, TOTAL COMPLETED & STORED TO DATE 2,462,878,80 5, RETAINAGE 5a, 5,001/oof Completed Work (Column I on Continuation Sheet) 123,143,04 51). o.0o% of Stored Matcriat (Column J on Continual€on Sheet) 0.00 TOTAL RETAINAGE (6a + 5b) 123,143,94 6. TOTAL EARNED LESS TOTAL. RETAINAGE 2,339,734.88 7, LESS PREVIOUS CERTIFICATES FOR PAYMENT 2,300,616,71 8, CURRENTAMOUNT DUE $39,118,15 9. BALANCE TO FINISH, INCLUDING RETAINAGE (I,€ne 3lass Line 6) 2,849,23a.82 Change Order Summary NET CHANGE by Change Order $311.74 ADDITIONS DEDUCTIONS Total changes approved In previous pay periods 311:74 0,00 Total approved this pay period 0.00 0,00 TOTAL i 311.74 0100 I } F Accounting and Payment Status j Invoico Id E 491 Payment Status Check its Paid Date Pold Amount S 0.00 i 1 PO Number 431096 FEMA Number Accounting Project Code Custom Accounting Field 04 i Custom Accounting I:'lold 05 Custom Accounting Field 08 Custom Accounting Mold 07 Custom Accounting Field 08 Approval Approved Due; 6.Mar-2023 Name or Role Stotns i Extarna€-GC Approved Jeremy Hemmings 2.9-Dec-2022 12A4 PM CST 2 Project Manager Approved David Tinglo 27-t=eb•2023 11:51 AM CST 3 City Engineer Approved Amalia "WAY" Villarreal 27-Feb-2023 11:59 AM CST 4 Director Approved Bart Barlkmviak 27-Feb-2023 02:02 PM CST 5 Admin Approved Crystal Garza 27-Fob-2023 02:05 Pad CST Created by: Julie Hammond on i 2-Dec-2022 Last Modified by: Cryslal Garza on 27-Feb-2023 Actions LD Cottstt-uction, LLC PTSS investments, LLC December 8, 2022 Dear Valued Customer, 440 S, Dowlon *694 Beaumont, TX 77707 O: 409-860.7207 p: 409-80GA447 As a valued customer, I am pleased to Inform you that LD Construction and PTSS Investments has officially become part of the Texas Materials Group, a family of four companies which operate as part of CRH, the leading building materials business In the world. Our Beaumont -based operations will become part of TMG's Gulf Coast business, headquartered in Beaumont and Houston. As a result of this merger with the Texas Materials Group, our team Is growing and we look forward to continuing to provide the quality products and services you have come to expect through our combined plant network and expanded capacity. In the coming weeks, our business will begin rebranding. Going forward, all of our products and services will operate under the Gulf Coast brand. There will be no change to the services provided or to the sales representatives who are currently handling your project/account at this time. Your payment terms and conditions will continue as they are today. We ask that you please update your records with the W9 information provided. As we work through this integration, effective December 2, 2022, you'll begin receiving Invoices and tickets from Gulf Coast. Payments may be sent to. Gulf Coast 1320 Arrow Point Drive Suite 600 Cedar Park, TX 78613 You may also remit payment via ACH. If you require an authorization letter, please email `>�RNORe I�AF-Pna.cril,r,or to request. All payments for services prior to December 2, 2022, should be sent to: Troy Dodson 148 S. Dowlen 4694 Beaumont, TX 77707 While our name may be changing, our commitment to safety, quality and customer service is not. You'll still be working with the some great people and receiving tine same great service. We look forward to continuing to serve you. in the meantime, please feet free to contact your sales representative with any questions or call our Beaumont office at 409-806-1444. SincereI , -7:7 . �.. Troy Dodson ABOUT US: The Texas Materials Group is a family of four Texas companies [Texas Materials, `texas Concrete, Gulf Coast, and TexasUlt) which operate as part of one global building materials manufacturer and construction company. That means you get the on -the -ground expertise from local lab technicians, health and safety specialists, mechanics and machine operators. At the same time, we ensure our work is performed to the high standards that have made CRH the leading building materials business in the world. Learn more: �nrw�n?.texa,rc7terlals, ret,,_�up.carn ABOUT CRH: CRH (LSE: CRH, ISE., CRG, NYSE: CRH) is the leading building materials business In the world, employing 79,200 people at c.3,100 operating locations in 30 countries. It Is the largest building materials business In North America, a leading heavyside materials business In Europe and has positions In both Asia and South America. CRH manufactures and supplies a range of Integrated building materials, products and Innovative solutions which can be found throughout the built environment, from major public infrastructure projects to commercial buildings and residential structures. A Fortune 500 company, CRH is a constituent member of the FTSE 100 Index, the EURO STOXX 50 Index, the ISEQ 20 and the Dow Jones Sustainability Index (DJSI) Europe. CRH's American Depositary Shares are listed on the NYSE. For more information visit wwv�crh.com AFFIDAVIT My name isTroy Dodson . I Am the of LD Consttlrction Company ("LD Construction"), am above the age of eighteen years, anddin fiilly competent to make this affidavit, Tile facts stated ill this affidavit are within my personal knowledge and are true and correct. I am the mo.V, Qj,ty-t- of LD Construction. Oil December 2, 2022, Texas Materials Group, Inc., the entity that operateyas Gulf Coast, a CRI-I Company, acquired certain assets of LD Construction (among other affiliated sellers), including the benefit of the contracts listed below, By request of the City of Beaumont, tine undersigned hereby affirms that the final pnymcat amounts owed by the City ofBeauraaorrt to LD Construction for the projects listed below areas follows: Street Rehabilitation City Wide - Phase IV (PW 1022-01): $39,118.15 final payment to LD Construction Street Preservation City Wide - Phase I (PW0322-12): $289,078.57 final payment to LD Construction I HEREBY AFFIRM UNDER PENALTY OF PERJURY THAT THE FACTS AND INFORMATION CONTAINED HEREIN ARE TRUE AND CORRECT TO T14E BEST OF MY KNOWLEDGE AND BELIEF, Dated this & day of February 2023. LD Construction Company Printed Name: TroY-Dodson Title; ACKNOWLLDGEMENT STATE OF TE7SA COUNTY Before me, a Notary Public, personally appeared the above -named individual and swore that the statements contained ill tile, foregoing are true and correct to the best of her/his knowledge and belief. Subscribed id swor to me this z day of February 2023. Notary Public Signature L i f/�� � =off*tr aver PAULA HARRIS My Commission Expires: l f �f�l{� Seal r Notary ID p1 179575 My Commission Expires May 9, 2025 AFFIDAVIT My rtame is Joltitathalt Mur It . I all, the Operations Mau� of Golf Coast, a CRH Company, ant above the age of eighteen years, and am fully competent to stake this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and coiTect. I ant the Operations_ Maltairer of Gulf Coast, a CRH Company. On December 2, 2022, Texas Materials Group, Inc., the entity that operates as Gulf Coast, a CRII Company, acquired certain assets of LD Construction Company ("LD Constnietion") (among other affiliated sellers), including the benefit of the contracts listed below. By request of the City of Beaumont, t[te undersigned hereby affirms that the final payment amounts owed by the City of Beaumont to LD Construction for the projects listed below are as follows: Street Rehabilitation City Wide — Phase IV (PW 1022-01): $39,118.15 final payment to LD Construction Street Preservation City Wide — Phase I (PW0322-12): $289,078.57 final payment to LD Construction I HEREBY AFFIRM UNDER PENALTY OF PHRJURY THAT THE FACTS AND WFORMATION CONTAINED HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. Dated this N day of February 2023. Gulf Coa t, A CRII Company / riy�t ed Name: Johnta to umlty_ C,- itle: Operations Manama ACKNOWLEDGEMENT STATE Ole 'I'E COUNTY OF Before ine, a Notary Public, personally appeared the above -named individual and swore that the statements contained in the foregoing are true aED d correct to the best of herlhis knowledge and belief. Subsc ;'rbe altd s vont to me this day of February 2023. Notary Public Signature p r �zAC P4a pAi1lA NAR{115 /� Seal s°� jn Notary lU i14179575 pir My Commission Expire)!' ��h ' � /N My Commission Expires May 9 , 2025 1:1 X-j''M TEXAS TO: City Council FROM: Kenneth R. Williams City Manager PRI1PAIIED BY: Shame N, Reed, City Attorney MEETING DATE: March 7, 2023 REQUESTED ACTION: Council consider a resolution adopting an Electronic Signature Policy, BACKGROUND State and federal law allows for e-signatures to satisfy a legal requirement for signature generally. The Texas Government Code requires that a written policy must be adopted to accept e-signature for m-Linicipalities, The proposed policy will comply with the Texas Government Code and allow for increased efficiency in transacting City business. FUNDING SOURCE Not applicable, RECOMMENDATION Approval of ordinance. RESOLUTION NO, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City of Beaumont desires to adopt an Electronic Signature policy ("Policy") to permit the use of electronic signatures ("e-signatures") for business transacted in the City; and, WHEREAS, the Texas Business and Cornmerce Code, Chapter 322, governs the use of e-signatures and section 322.007(d) provides "if a law requires a signature, an electronic signature satisfies the law;" and, WHEREAS, the Texas Government Code section 2054.060(b), states, "In order to authenticate a written electronic signature communication with an electronic signature transmitted to or from a city, a city must adopt rules;" and, WHEREAS, the need to implement a policy to authorize e-signatures on documents for City transactions has emerged; and, WHEREAS, the use of e-signatures would promote efficiently in daily City transactions; and, WHEREAS, the City Council has determined that it is appropriate to adopt the attached Policy for the use of e signatures in the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council adopts the Policy attached hereto as Exhibit' A;" and, THAT this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered. 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 7th day of March, 2023. - Mayor Robin Mouton - 1 March 7, 2023 Consider authorizing the City Manager to execute the earnest money contract and all related documents for the sale of a 0.8439-acre city -owned property located at 125 Magnolia. TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: March 7, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute the earnest money contract and all related documents for the sale of a 0.8439 acre city -owned property located at 125 Magnolia. BACKGROUND On January 10, 2023, City Council passed Resolution No. 23-020 authorizing the City Manager to negotiate the sale or lease of the property located at 125 Magnolia. Tideland Specialty, Ltd. submitted an offer of $300,000 for the sale of 125 Magnolia and would pay all closing costs. After reviewing the offer, it is in the best interest of the City of Beaumont to retain the parking lot for the Lakeside Center. Tideland Specialty, Ltd has agreed to modify its offer to allow the City to retain the parking lot. Tideland ,Specialty, Ltd will deposit $50,000 as earnest money to Sutton Land of Texas, LLC with a closing date within 7- 10 days. Administration is in favor of the City accepting the Earnest Money Contract in the amount of $50,000 with a cash offer of $175,000,00. In addition, Tideland Specialty, Ltd wants to grow downtown Beaumont and be a part of the growth and revitalization as well and have agreed to exchange property with the City in the next few months to allow the City to grow the area near the Event Centre and the Lakeside Center, FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Earnest Money Contract with Tideland Specialty, Ltd. for the sale of property located at 125 Magnolia Street. The contract 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 7th day of March, 2023. - Mayor Robin Mouton - COMMERCIAL CONTRACT . IMPROVED PROPERTY usR 6F THIS FORM BY PERSONS WHO ARE NOTME14pERS OF THE TEXAS ASSOCIATION OF REALTORS0, INC. IS NOT AUTHORVED. Wexas Assoolallon of REALJORSv, Ina.2022 1. PARTIES, Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: City of Beaumont Address: P.O. Box 3827 Beaumont TX 77704.3827 Phone: E-mail: Mobile: Fax or Other: Buyer: Tideland SpeclaltV, Ltd. Address: P.O. Box 4046 Beaumont TX 77704 Phone: 409-838-1654 - E-mail:..°91g 1 Mobile: Fax or Other: 2, PROPERTY: A. "Property" means that real property situated In W Jefforson County, Texas at 125 Ma nolla Beaumont TX .7.770 i (address) and that is legally described on the attached Exhibit ^ _ _ _ or as follows: nc 9 A T-c I3ZRA94,4UaAC. B, seller will sell and convey the Property together with: (1) ail buildings, Improvements, and fixtures; (2) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights -of -way; (3) Seller's Interest In all leases, rents, and security deposits for all or part of the Property; (4) Seller's Interest In all licenses and permits related to the Property; (5) Seller's interest In all third party warranties or guaranties, if transferable, relating to the Property or any fixtures; (6) Seller`s interest in any trade names, if transferable, used In connection with the Property; and (7) all Seller's tangible personal property located on the Property that is used In connection with the Property's operations except: Any personal property not Included in the sale must be removed by Seller prior to closing. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum,) (if mineral rights are to be reserved an appropriate addendum should be attached.) (if the Property Is a condominium, attach Commercial Contract Condominium Addendum {TXR-1930) or (TXR-1946),) 3. SALES PRICE: At or before closing, Buyer will pay the following sales price for the Property: A. Cash portion payable by Buyer at closing .............. . .......... $ 13. Sum of all financing described in Paragraph 4 ................... . . $, 00 #) C. Salesprice(sumof3Aand313)................................ $ :z�.0607t� (TXR-1801) 07-08-22 lnitlaled for Identifloation by $alter and Buye ` Page 1 of 15 kstlgllnvtswdlU, hr, 449 Notch 14th Strett lwomontTX 71701 Phono: 40183.1,9555 Fax:409,833,95f7 Tideland 5ptfltt ' SRN C. Xarlgl, Jr. Produced Wili Cone WolfTransactlons (zfpFornt Edition) 7t7 N Hervtood SI, Sulle 2200, Dallas, TX 75201 uaWilwaNca EXHIBIT "A" Commercial Contract - Improved Property concerning 7 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3B as follows, fi] A. Tbird Pardy Financing: One or more third party loans In the total amount of $ .This contract; ❑(1) Is D_oj contingent upon Buyer obtaining third party financing. (2) Is contingent upon Buyer obtaining third party financing In accordance with the attached Commercial Contract Financing Addendum (TXR-1931). ❑ B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TXR-1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ _ ❑ C. Seller Financing: Buyer will deliver a promissory note and deed of trust from Buyer to Seller under the terms of the attached Commercial Contract Financing Addendum (TXR-1931) in the amount of 5< EARNEST MONEY: A, Not later than 3 days after the effective date, Buyer must deposit $ $50,000.00 as earnest money with Sutton Land of Texas, L%C (title company) at 2616 Calder Ave. Snite 704, Beaumont, TX 77702 (address) AnthonyPapa (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the eamest money, B. Buyer will deposit an additional amount of $ with the title company to be made Part of the earnest money on or before: (1) days after Buyer's right to terminate under Paragraph 7B expires; or (li) !} Buyer will be In default If Buyer fails to deposit the additional amount required by this Paragraph 31B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. C. Buyer may instruct the title company to deposit the earnest money In an interest -bearing account at a federally Insured financial Institution and to credit any interest to Buyer. 6. TITLE POLICY, SURVEY, AND LICC SEARCH: A. T-11t I e Ro II : (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) Issued by any underwriter of the title company 1n the amount of the sales price, dated at or after closing, Insuring Buyer against loss under the title policy, subject only to; (a) those title exceptions permitted by this contract or as may be approved by Buyer In writing; and (b) the standard printed exceptions contained In the promulgated form of title policy unless this contract provides otherwise, (2) The standard printed exception as to discrepancies, conflicts, or shortages In area and boundary lines, or any encroachments or protrusions, or any overlapping Improvements: (a) will not be amended or deleted from the title policy. X (b) will be amended to read "shortages in areas" at the expense of X❑ Buyer ❑ Seller, (3) Wlthin 10 days after the effective date, Seiler will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's ,j address. '(TXf21801) 07.08 22 Initialed for Identiflcation by Seller and Buye . pacue 2 of 16 ParIgUnvota(11% Inc, 44$ Korth .EAth61yAetDtAumonjTX177d2 Phano:A99,633,1555 FaXI.409 M,951t 31ddindSpeaOty Sam C FILdA ,dn Pradvaed with Lana W01'rMnSaWon7 (tipFarm Bdidon) M N Harwood Si, SuRt 2200, Degas. TX 75101 vmy)walLcam Commercial Contract- Improved Property concerning B. Survey: Within 5 days after the effective date; ❑X (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the, (I) ALTAINSPS land Title Survey standards, or (0) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition, Seller will reimburse Buyer , Q (insert amount) of the cost of the survey at closing, if closing occurs. ❑ (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (I) ALTAINSPS Land Title Survey standards, or (11) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition, ❑ (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. If the existing survey Is not acceptable to the title company, ❑ Seller ❑ Buyer (updating party), will, at the updating party's expense, obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to the other party and the title company within 30 days after the title company notifies the parties that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 30 days If necessary for the updating party to deliver an acceptable survey within the timo required. The other party will reimburse the updating party (insert amount or percentage) of the cost of the new. or updated survey at closing, if closing occurs. C. UCC Searc : �] (1) Within days after the effective date, Seller, at Seller's expense, will furnish Buyer a uniform Commercial Code (UCC) search prepared by a reporting service and dated after the effective date, The search must Identify documents that are on file with the Texas Secretary of State and the county where the Property Is located that relate to all personal property on the Property and show, as debtor, Seller and all other owners of the personal property in the last 5 years. ❑ (2) Buyer does not require Seller to furnish a UCC search, D. Bu er's actions to t e-Commitment, Surve and UCC Search: (1) Within 10 days after Buyer receives the last of the commitment, copies of the documents evidencing the title exceptions, any required survey, and any required UCC search, Buyer may object to matters disclosed In the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title to the real or personal property described in Paragraph 2 other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property Ices' in a special flood hazard area (an "A" or W" zone as defined by F!✓MA). If the commitment or survey Is revised or any new document evidencing a title exception is delivered, Buyer may object to any new matter revealed in such revision or new document, Buyer's objection must be made within the same number of days stated In this paragraph, beginning when the revision or new document Is delivered to Buyer. If Paragraph 613(1) applies, Buyer is deemed to receive the survey on the earlier of, (I) the date Buyer actually receives the survey; or (ii) the deadline specified In Paragraph 613. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate 1l (rXR-1801) 07-08-22 Initialed for Identiflcatron by Seller, and Buye Page 3 of 15 ra,9gtlaymm:a0mc,MSNorth ldth8("ttDeaumoutTX1770Z Phone:109AMS55 Fax:409.833,9521 T(delandsptdoty SGm C rot3gi, Sr. Produced Mth f,ono Waif Tmnsacdons (z1PFarm rdiden)717 N Hamod 81, Suite 9200, Was, TX 76201 YOyz.hm1L,59I1S Commercial Contract- Improved Propertyconcerning this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 713(l), will be refunded to Buyer, (3) Buyer's failure to timely object or terminate under this Paragraph 6D Is a waiver of Buyer's right to object except that Buyer will not waive the requirements In Schedule C of the commitment. 7. PROPERTY CONDITION: A. Prosgat Condition.: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing., As is Where Is Condition B, Feasibility Perio . Buyer may terminate this contract for any reasoh within days after the effective date (feasibility period) by providing Seller written notice of termination. (i) Independent Conpideratlon. (Checl(only one box and Insert amounts.) ❑ �gC-B;'tlie�earr�tef;-mQnepiii-be-ru�tiede-Buy=yer's $ that Seller will retain as Independent consideration forte unrestricte t to terminate. Buyer' has tendered the independent consider t16n to Seller upon payment o��amount specified In Paragraph 5A to the title compa he Independent consideration Is to bo crsktted to the sales price only upon closin the sale. if no dollar ❑ (b) Not later than 3 days after the effective da yer must pay $ as Independent consideration for buyer's rlg ,erm-Troto by tendering such amount to the title company. Buyer authorizes escrow t to release an ver the Independent consideration to Seller at any time. upon Sffler s request without further no 1 o or consent from Buyer. If Buyer terminates under Paragraph 7B, the earnest money will i�efunded to Buyer and Seller will retain the e dependent consideration. The Independent considerati will be credited to the sales ,pr+ e only Upon closing of the sale, If no dollar amount is stated If�'ar�grapll ❑ (2) Ee sibi i e lod E teasio : Prior to the expiration of the initial feasibility period, Buyer may extend the •feasibility period for a single additional period of days by delivering $ to the title oompany as additional earnest money. (a) tip-addi rre�t�viii-I�e-•reiairred- i3y�-Sile Indep-eT.mkiat. consideration for Buyer's unrestricted right to terminate, but will be or to the sales price on on closing of the sale. If Buyer terminates under this agraph 76, the additional earnest mo will be refunded to Buyer and Selle retain the additional Independent consideration. (b) Buyer authorizes escrow agent to release a ver to Seller the following at any time upon Seller's request without further notice t onsent r or: (i) The additional independen 01doration, (11) (Check no boxes or one box,) ❑ all or _ _ of the remaining portion of the addition al•eanest money, whi 1 be refunded to Buyer If Buyer terminates under this Paragraph 75 Tif-eiier (TXR 1801) 07-08.22 Initialed for Identification by Seller_T______, and Bayer rarlgllaveatwata,lite,445North 14thStTW0taumontTX97703 Phow40945339555 Fatc409.e33.9Sa2 Sua C.pmfgl, Jr. Produced WO Lana Wolf Transneons (JpPorm Eal0on) 717 N HAWGW St, SUBa 2200, Mao, TX 75201 �yti'•�'r•LRACOm Page-4 of 15 Tideland Spedd(y Cornmerclal Contract - Improved Property concerning 126, Magnolia, Beaumont, TX 77701 If no dollar ampunt Is stated in this F'aragraph_M s add`tion I earnest o e or as d do al Inch a de t consideration. OE If Buyer a to timel de ive t e additional earnas-t--mongy, the gggnslomot1be feasibilily pedodwill 11ot be e ective. C. Inspections, Studies, or Assessments: (1 "sa any all Inspections, studies, or assessments of the Property (including all improve fixtures) des Buyer. (2) Seller, at Seller's expens i turn on ail utilities necessary for Br€ ake Inspections, studies, or assessments. (3) Buyer must: (a) employ only trained and qualified I ors and a ors; (b) notify Seller, in advance, o n the Inspectors or assesso 'll be on the Property; (c) abide by any real e entry rules or requirements of Seller; (d) not interF existing operations or occupants of the Property; and (e} r e the Property to Its original condition If altered due to Inspections, dies, or -a�sessrnen�l�yer-eo�es-ot�-eeusee-t�-be-eempi • . (4) Exc � those matters that arlse from the negligence o ells r eller's agents, Buyer is responsible or aim, liability, encumbren ause of action, and expense resulting from Buyer's inspections, studies,_o . ssma nts-kc uding any property damage or personal Injury, Buyer will Inde , d harmiess, and defend See IIer's agents against any claim hnvolvl after for which Buyer Is responsible under this paragrapB:-Thls-paragraph survives nation of this contract. D. P onertv_intormation: (1) bet ve . of PLopea Information: Within days after the effective date, Seller will deliver to Buyer the following to the extent in Seller's possession: (Check all that apply.) ❑(a) a current rent roll of all leases affecting the Property certified by Seller as true and correct; (b) copies of all current leases, Including any mineral leases, pertaining to the Property, Including any modifications, supplements, or amendments to the leases; ❑ (c) a current Inventory of all personal property to be conveyed under this contract and copies of any leases for such personal property; ❑ (d) coples of all notes and deeds of trust against the Property that Buyer will assume or that Seller will not pay In full on or before closing; ❑ (e) coples of all current service, utility, maintenance, and management agreements relating to the ownership .and operation of the property; (f) copies of current utility capaclty letters from the Property's water and sewer service provider; (g) copies of all current warranties and guaranties relating to all or part of the Property; (h) copies of fire, hazard, liability, and other Insurance policies that currently relate to the Property; (1) copies of all leasing or commission agreements that currently relate to the tenants of all or part of the Property; (l) a copy of the "'as -built' plans and specifications and plat of the Property; (k) copies of all Invoices for utilities and repairs Incurred by Seller for the Property In the 24 months Immediately preceding the effective date; ❑ (I) a copy of Seller's Income and expense statement for the Property from to (m) Copies of all previous environmental assessments, cgeotechnical reports, studies, or analyses made on or relating to the Property; (TXR-1801) 07-0842 initialed for Identification by Seller and Buyer Page 5 of 15 1,ir16t[nvdrmcetr,7ac.,4r5Norrh141hSrrtttiltaawoutTX77702 Phone.409.833,9555 rex:409.833.9322 TlddladSpttully Sim C.Parrel, Jr. Produced with Lone WolrTmtae0on9 (OpForm t dift) M N Harwood Sr, SPRe 2200, Dabs, TX 75201 mmm.Mlr4om Commercial Contract- Improved Property conceming J25_Maa3otta,,�eaumont. rX 7770 (n) real and personal property tax statements for the Property for the previous 2 calendar years; (o) Tenant reconciliation statements Including, operating expenses, Insurance and taxes for the ~, Property from _^ to _; and ❑ (p) (2) Return of Properly Information, if this contract terminates for any reason, Buyer will, not later than 10 days after the termination date; (Check all that apply.) ❑ (a) return to Seller all those items described In Paragraph 713(1) that. Seller delivered to Buyer In other than an electronic format and 'all copies that Buyer made of those items; ❑ (b) delete or destroy all electronic versions of those Items described In Paragraph 7D(1) that Seller delivered to Buyer or Buyer copled in any format; and ❑ (c) deliver to Seller copies of all Inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 7D(2) survives termination of this contract. E. o tr c A ec n 0 p e do s: Until closing, Seller; (1) will operate the Property In the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other Items described In Paragraph 213 or sold under this contract. After the feasibility period ends, Seller may not enter Into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. A. Each written lease Seller Is to assign to Buyer under this contract must be in full force and effect �} according to its terms. Seller may not enter Into any new lease, fall to comply with any existing I , or make any amendment or modification to any existing lease without Buyer's written cons#WS011er must disclose, In writing, if any of the following exist at the time Seller provides the leas o the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to termina a lease or seek any offsets or damages; (3) any non -occupancy of the leased premises by a tenant; (4) any advance sums paid by a tenant under any lease- (5) any concessions, bonuses, free rents, rebates, erage commissions, or other matters that affect any lease; and (6) any amounts payable under the leases at have been assigned or encumbered, except as security for loan(s) assumed or taken subje o under this contract. B. Estoppel Cerllticate§; Within days after the effective data, Seller will.deliver to Buyer estoppel certificates signed not ear than by each tenant that leases space In the Property. The a ppel certificates must Include the certifications contained In the current version of TXR Form 1g M Commercial Tenant Estoppel Certificate and any additional information requested by a third p lender providing financing under Paragraph 4 if the third party lender requests such addition nformation at least 10 days prior to the earliest date that Seller may deliver the signed e _ _ I certlficates- .. +(TXR-1801) 07.08-22 Initialed for Identification by Seller , and Huyercsl Page 6 of 16 Parigilxrwnnm[s,1ne,445North 14thW9LcSesumon(TX7770z Yhono:409M9555 Tfddandspecisky Sim C.ysryt4Jr. Produced �AQI [.ono Wolf Traosacgons (xiprorm Sdidon) 737 N HervrooJ St, Sulu 2200, Dnttas, TX 76201 vNnv.HaplLcam Commercial Contract - Improved Property concerning 9. BROKERS: A. The brokers to this sale are; 1 Principal Broker., Agent: _ Address: Phone & Fax: E-mail: License No.; 126 MaU1101103MUE00"t,J04 Cooperating Broker; Agent: Address: Phone & Fax: E-mail: License No.; Principal Broker; (Check only one box) Cooperating Broker represents Buyer. represents Seiler only, represents Buyer only. Is an intermediary between Seller and Buyer, B. Fees; (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 14 only if (1) is selected.) ❑ (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. ❑ (2) At the closing of this sale, Seller will pay; Principal Broker a total cash fee of: Cooperating Broker a total cash fee of, [] % of the sales price. ❑ % of the sales price. ❑ �_ ❑ The cash fees will be paid in County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. 10. CLOSING: A, The date of the closing of the sale (closing date) will be on or before 39 days after the effective date. (1) P .days after the expiration of the feasibility period, � specs—o to). r�ncav�d. ( u ad�tsr Fars �t (3) If either party falls to close by the closing date, the non -defaulting party may exercise the remedies in Paragraph 15. �-0 (TXR-1801) 07-OBI 22 Initialed for Identlfloatlon by Seller and Buyer �J Page 7 of 15 par lTaYe3rnuAli,3no,d45Nortls141h9trWDt1um0atTX777P2 Phone:444.W.9555 ra)cf99w.9572 TiddindspWolry Sam C Pakigf, Jr- Pm4ucod vAlh bone Wolf Transadons (zlpForm Edition) 717 N HnNmd SS, Buda 2200, [MOM, V 75201 vnwnu Lnitrom Commercial Contract - Improved property concerning 1 C. At closing, Seller will execute and deliver to Buyer, at Seller's expense, a ❑ general g special warranty deed, The deed must Include a vendor's lien If any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract, Seller must convey the Property: (1) with no liens, assessments, or Uniform Commercial Code or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans In default; and (3) with no persons In possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract, D. , At closing, Seller, at Seller's expense, will also deliver to Buyer; (1) tax statements showing no delinquent taxes on the Property; (2) a bill of sale with warranties to title conveying titie, free and clear of all liens, to any personal property defined as part of the Property In Paragraph 2 or sold under this contract; �I-as�g►rall (4) to the extent that: the following Items are assignable, an assignment to Buyer of the following Items as they relate to the Property or Its operations: (a) licenses and permits; (b) service, utility, maintenance, management, and other contracts; and (c) warranties and guaranties; .(�-a-�:eat.r�ti-sum-t#��e-sles#fig-eiet}-by�elle�as.t�le�d-serest; -. (6) evidence that the person executing this contract Is legally capable and authorized to bind Seller; (7) an affidavit acceptable to the title company stating that Seller Is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (1) withhold from Seller's proceeds an amount sufficient to comply with applicable tax law; and (11) deliver the amount to the Internal Revenue Service together with appropriate tax forms; and r (8) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and the issuance of the title policy, all of which must be completed and executed by Seller as necessary. E. At closing, Buyerwill: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract Is legally capable and authorized to Buyer, (owe a vme frat Bind (6) execute and deliver arty notices, statements, certificates, or other documents required by this contract or law necessary to close the sale, F. Unless the parties agree otherwise, the closing documents will be as found In the basic -forms In the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION; Seller will deliver possession of the Property to Buyer upon closing and funding of this sale In its present condition with any repairs Seller Is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement Is a landlord -tenant at sufferance relationship between the parties. .r (TXR-1801) 07-08-22 lnllialed for Identlflcatlon by Seller and Buye Page 8 of 15 lvrlgiLvatmanta, Inc, 44SNarib14,hStrcdDatsmon(T977702 Phona:d09,E33,75i5 Fax:409,W.022 WejandSprchtty Sam C, padgt, Jr. Naducad N0h Lono Wolf Transagans (a;p7o7m FdWon) 717 N Harwood Sl, Suh 2200, Doges, TX 76201 Msly bottom Commerclal Contract - Improved Property conceming Ja Magnolia. Beaumont. TY 77701 12, SPECIAL. PROVISIONS- The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (if special ptavislons are contained in an Addendum, Identify the Addendum here and reference the Addendum to Paragraph 22D.) t k , Buyer will pay all closing cost. Seller will net out at closing $3,00:,60". 0: Seller represents to Buyer that there are no leases on the Property. 13. SALES EXPENSES: A. Seller's Expense ; Seller will pay for the following at or before closing, (-�}�e4c�sesno��x�st€t�g�ieneF-etfie�t��l��ose�lie�s�rned-�y-Bl�e�,--il�sl�ldtng-prepa�elel�aities (5) tax 8tateffiente OF --��`rele�zse-ef-se}ler's-lase-ikabllfii�tf-a�11�#e; Iif'ieltes; �j-ptepa�a�elfit�#"the�ed-�r���ill-•safesale; ee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seiler will pay under other provisions of this contract. B, Buyer's. Expenses-, Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation fees of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood and hazard Insurance as. may be required by Buyer's lender, (5) one-half of any escrow fee; and (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS., A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date, (2) If the amount of ad valorem taxes for the year in which the sale closes Is not available on the closing date, taxes will be prorated on the basis of taxes assessed In the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or Is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes. Insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. rollback Taxes If Solier's use or change In use of the Property before closing results In the assessment of additional taxes, penalties, or Interest (assessments) for periods before closing, the assessments will be the obligation of Seller. If this sale or Buyer's use of the Property after closing results In additional assessments for periods before closing, the assessments will be the obligation of ,i Buyer. This Paragraph 14B survives closing, �(TXR-1601) 07.08 22 Initialed for Identification by Seller and Buye� fade 9 of 16 Parigi lt%m [aeete, 7oc, 445 Nor* 14th Strett Mewmant TX7770A Phone! 409•A3 .WS Po3c 409.833.9537 Tideland spC031ty Sam C. Parigf, Sr. Pfoduced %YA l.nna walrTransacttons (ApForm Ldillon) 717 N He and $1, 9uila MO, ©atlas. TX 16201yn ' W— com commercial Contract- Improved property concerning 925 Macrnotia. Beaumont. T .X_77701 _ - c it ::: oslts./f_josing, Seller will tender to Buyer all security deposits and h.e_followir°f advance payments received-`gSe4ir=fof� p91to fir -closing: -prepaid exp uses, advance rental payments, and other advanceyrent�paitl by tenants. Refits psrated e _arty but received by the o#her party will it ed by the recipient to the party to wham It was prorate ..H. a s after thnts rye ved, This Paragraph 14C survives closing, 15. DEFAULT: A. If Buyer falls to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments In accordance with Paragraph 7C(4) which Seller may pursue, or (Check if applicable) ❑ enforce specific performance, or seek such other relief as may be provided by law, B. If, without fault, Seller Is unable within the time allowed to deliver the survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 713(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C, Except as provided In Paragraph 15B, If Seller falls to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) enforce specific performance, or seek such other relief as may be provided by law, or both. f ' 16. CASUALTY LOSS AND CONDEMNATION. A. If any part of the Property Is damaged or destroyed by fire or other casualty after the effective date, Seller must restore the Property to its previous condition as soon as reasonably, possible and not later than the closing date. If, without fault, Seller Is unable to do so, Buyer may: (1) terminate this contract and the earnest money, less any independent consideration under Paragraph 713(1), will be refunded to Buyer; (2) extend the time for performance up to 15 days and closing will be extended as necessary; or (3) accept at closing: (I) the Property In Its damaged condition; (ii) an assignment of any Insurance proceeds Seller is entitled to receive along with the insurer's consent to the assignment; and (ill) a credit to the sales price in the amount of any unpaid deductible under the policy for the loss. B, If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: (1) terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration under Paragraph 76(1), will be refunded to Buyer; or (2) appear and defend the condemnation proceedings and any award will, at Buyer's election, belong to: (a) Seller and the sales price will be reduced by the same amount; or (b) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party Is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attotney's fees. This } Paragraph 17 survives termination of this contract, (TXR-1801) 07,08-22 Initialed for identifloation by Seiler, and i3uyel Page 10 of 1S Pari;1 invtstments, lac, 44S North 14ASlrcet Stautuont rX 77702 Phona:409,833.95SS FOx:409.833,9522 71aeraad SptdAty Sara C. Nde, sr. Produced with Lone Wolf Transaollons (Apfiomt Cd 4lon) 717 N Hanvood 81, Svlle 2200, Dallos, TX 16201 • m.M1rGA Commercial Contract- Improved Property concerning 1B, ESCROW. A, At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing ' costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses Incurred on behalf of the parties and a written release of liability of the title company from all partles. B, If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15' days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the Independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money. E. Notices under this Paragraph 18 must be sent by certified mall, return receipt requested. Notices to the title company are effective upon receipt by the title company. F, Any party who wrongfully falls or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (1) damages; (il) the earnest money; (ili) reasonable attorney's fees; and (iv) all costs of suit, G. ❑ Seiler [] Buyer Intend(s) to complete this transaction as a part of an exchange of like. -kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended, All expenses In connectlon with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and In good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code,, The other provisions of this contract will not be affected In the event the contemplated exchange falls to occur, 19. MATERIAL FACTS. To the best of Seller's knowledge and belief: (Chook only one box.) F] A. Seiler is not aware of any material defects to the Property except as stated in the attached Commercial Property Condition Statement (TXR-1408), X B, Except as otherwise provided in this contract, Seller is not aware of; (1) any subsurface: structures, pits, waste, springs, or Improvements; (2) any pending or threatened litigation, condemnation, or assessment affecting the Property; (3) any environmental hazards or conditions that materially affect the Property; (4) whether the Property is or has been used for the storage or disposal of hazardous materials or toxic waste, a dump site or landfill, or any underground tanks or containers; (5) whether radon, asbestos containing materials, urea -formaldehyde foam insulation, lead -based paint, toxic mold (to the extent that It adversely affects the health of ordinary occupants), or other pollutants or contaminants of any nature now exist or ever existed on the Property; (6) any wetlands, as defined by federal or state law or regulation, on the Property; (7) any threatened or endangered species or their habitat on the Property; (8) any present or past infestation of wood -destroying Insects in the Property's improvements; (9) any contemplated material changes to the Property or surrounding area that would materially and �1 detrimentally affect the ordinary use of the Property; (TXR-1801) 07-08-22 initiated for Identification by Seller and Buye Page 11 of 15 PAroInvettnttau,rdc.,445North 14111StreetAeaumoatTX71701 r'hom,409,933.9555 Fax:4o9.M3.95Lr. Tldeland.Spe0oley Sam C. Yarfp,Jr. prodaoed m4lh Lond WolrTransectlons (zlpFarm VdNen) 717 N 7€a"od St, Suite 2200, Dallas, *TX 7520€ MULU191LCoill Commerclal Contract - Improved Property concerning 12a, Maannti�, 8.9aumont (10) any material physical defects In the improvements on the Property; or (11) any condition on the Property that violates any law or ordinance, (Describe any exceptions to (1)-(11) In Paragraph 12 or an addendum,) 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified mail return receipt requested, sent by a national or regional overnight delivery service that provides a delivery receipt, or sent by confirmed facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. X B. Buyer also consents to receive any notices by e-mail at Buyer's a -mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION,. The parties agree to negotiate in good faith In an effort td resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract, This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. ' 22, AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract Is to be construed In accordance with the laws of the State of Texas. If any term or condition of this contract shall be hold to be Invalid or unenforceable, the remainder of this contract shall not be affected thereby. All Individuals signing represent that they have the authority to sign on behalf of and bind the party for whom they are signing. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed In a number of Identical counterparts, each counterpart Is are original and all counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Cheep all that apply.) (1) Property Description Exhibit identified In Paragraph 2; (2) Commercial Contract Condominium Addendum (TXR-1930) or (TXR-1946); (3) Commercial Contract Financing Addendum (TXR-1931); (4) Commercial Property Condition Statement (TXR-1408); (5) Commercial Contract Addendum for Special Provisions (TXRAW); (6) Addendum for Seller's Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards (TXR-1906); (7) Notice to Purchaser of Real Property in a Water District (MUD); (8) Addendum for Coastal Area Property (TXR-1915); (9) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (TXR-1916); (10) Information About Brokerage Services (TXR-2501); (11) Information About Mineral Clauses In Contract Forms (TXR-2509); (12) Notice of Obligation to Pay Improvement District Assessment (TXR-1955, PID); 5d (13) Jefferson Count_V Drainage District #6 Notice to Purchaser (Note: Counsel for Texas REALTORS® has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published by Texas f2tWALMRS® are appropriate for use with this form.) J (TXR-1801) 07-08-22 initleled for Identiftcatlon by Seller and Buyer,? Page 12 of 15 Pori,1iavessmtau, Tile, 445Nort1iPhomm409A339S$S Pa)r4py"9511 TIMAndSpIdAy Sind C,Farie,Jr. ProducedMhlonoWolf Ttansacllons(x1pPormVdidors)717NHarwood $1,Sub 2200,Dallas,V76201 Mmfyjalteom Commarolal Contract - Improved Property concerning i25 Maanolle, geaurno ,T 777Q i E. Buyer i may UN may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, In writing, all of Buyer's �I. obligations under this contract. 23. TIME.* Time Is of the essence In this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or federal reserve bank holiday, the time for performance is extended until the end of the next day which Is not a Saturday, Sunday, or federal reserve bank holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations Is the date the title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTIOES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. S. If the Properly Is situated In a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded Indebtedness, or standby fees of the district before final execution of this contract, C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to purchase may be located In a certificated water or sewer service area, which Is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can 1 receive water or sewer service, There may be a period required to construct lines or other facilities } necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described In the notice or at closing of purchase of the real property." The real property Is described in Paragraph 2 of this contract. D. If the Properly adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be Included as part of this contract (the Addendum for CoastalArea Properly (7XR--1915) may be used). E. If the Property Is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, re uires a notice regarding the seaward location of the Property to be included as part of this contract 7the Addendum for Property Located Seaward of the Gulf Intracoastal. Waterway (7XR-1916) may he used). F. If the Property Is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial Jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts Its boundaries and ETJ. To determine if the Property Is located within a municipality`s ETJ, Buyer should contact all municipalities located In the general proximity of the Property for further Information. G, If apartments or other residential units are on the Property and the units were built before 1978, federal law requires a lead -based paint and hazard disclosure statement to be made part of this contract (the `I Addendum for Seller's Disclosure of information on Lead -Based Paint and Lead -Based Palm Hazards (7XR-1905) may be used). (iXR-1341) 07-08-22 Initlaled for Identiflcation by Seller _ _ and Buyer Page 13 of 15 rnigifuvtslmtn(s,bsN445XarlUlfsLSheelAeaum4nt77C7?701 Phone:0109.R)3.9SS5 Fax;-049.933OM Tlddodsptdttty Sam C. )FIrigi. Jr. produced with Lone Wolf Traisseciions (Apt'onn Edidon) 7117 N Harwood St, Suite 2200, Qallas, TX 76201 MWAU61i.rnm Commercial Contract - Improved Property concerning i25 Ma olio Beaumont, Tx 7770.1 H. Section 1968.154, Occupations Code requires Seller to provide Buyer a copy of any mold remedlation - certificate Issued for the Property during the 5 years preceding the date the Seller sells the Property. Brokers are not qualified to perform property Inspections, surveys, engineering studies, environmental assessments, or Inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, Inspectors, and repairmen is the responsibility of Buyer and not the brokers. Broilers are not qualified to determine the credit worthiness of the parties. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an Impoundment of water, Including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the Impoundment's normal operating level, Seller hereby notifies Buyer, "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising Its right to use the water stored In the impoundment; or (2) drought or flood conditions," J. PUBLIC IMPROVEMENT DISTRICTS: If the property is In a public Improvement district, Seller Is required by §5.014, Property Code to give Buyer a written notice concerning the obligation to pay assessments. The form of the required notice is available as a part of the Notice of Obligation to Pay Improvement District Assessment (TXR-1955). K. LICENSE HOLDER DISCLOSURE: Texas law requires a real estate license holder who Is a party to a transaction or aoting on behalf of a spouse, parent, child, business entity In which the license holder owns more than 10%, or a trust for which the license holder acts as a trustee or of which the license holder or the license holder's spouse, parent or child is a beneficiary, to notify the other party in writing t before entering Into a contract of sale. Disclose If applicable: X CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property, Unless the other party accepts the offer by 6:00 p.m,, In the time zone in which the Property is located, on , the offer will lapse and become null and void, READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seiler: C�y_Of-Beaumont - l3uyer:Tideland $peelalty, Ltd. By:,l ��.� _ BY : CG Tideland, L.L.C., general. partnel By (signature): By (slgnatur • w' Printed Name: i�6ht✓1 tI lams Printed Name: CharlesJ. Giglio Title: Title: ___es.Idel�t By: By (signature): Printed Name: 1 Title: By: By (signature): Printed Name., Title: UXR-1801) 07-08-22 rage 14 of 46 Parlgiinrtsvntnts,Incn44SNorth 14thSk"tAtaumaniTX77702 Pha4e:4694319555 Faxt409.833.9= Wilin4Sptcl0ty Sam C. Fulgt, fr. P(oduced %v10i Lana Wolf 7ransaodans (zlpFomt Edition) 717 N Howmad St, SUito 2200, DA1I09. TX 76201 4ft4W.12&tUaw Cornmercial Contract - Improved Property concerning 125 a ttio11 "rX 77,r^ AGREEMENT BETWEEN BROKERS (use only if Paragraph 9S(1) fs effective) Principal Broker agrees to pay (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: , or % of the sales price, or % of the principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's f9e at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers, Principal Broker:,,,, Cooperating Broker: By: By: ATTORNEYS Seller's attorney: Buyer's attorney: C. Scott Mann,,Jr. Address: Pone & Fax: s i � E-mall; Seller's attorney requests copies of documents, notices, and other Information: Hthe title company sends to Seller, Buyer sends to Seller, The title company acknowledges receipt of: A. the contract on this day B. earnest money in the amount of $ on Title company., By: Assigned isle number i (TXR-1801) 07-08-22 Address: 550 Fannin 4400, Beaumont, TX 77701 Phone &Fax: a99 654 [371 (400)835-2115 E-mail: r_Smann@n gormencom Buyer's attorney requests copies of documents, notices, and other information: I the title company sends to Buyer, ESCROW RECEIPT (effective date), In the form of Address; Phone & Fax: E-mail: 1'arioJovtytmeais,fcm, 445Narthf4ihStrettDauW0MTX777ft Phono:409.533.9355 L FoX:409.833,9331. Sam C, Parlgi, Jn Ptaduood Wih Lana WOU Tronsectlons (z:pFornc Edtan) 717 N Harwood $t, 800 2200, Dates, V 75201 v�nwl hvnif.aam Page 16 of 15 7edNtad Sptelelty 1.'f OUCE TO PURCHASERS The reatproporty, described below, which you are aboutto purchase is located inthc Jefferson County Drainage District No, 6. The District has taking authority separate from any other taxing authority, and may, subject to voter approval, issue are unlimited ainount of bonds and levy an unlimited rate of tax in payment of such bonds, As of this date, the Fate of taxes levied by the District on real property located in the District is $0.295 X26 orr each $100 of assessed valuation. Tf the district has not yet levied taxes, the most recent projected rate of debt service tax, as of this date is $ NIA. on each $100 of assessed vahiation. The total amount of bonds, excluding rofundirsg bonds and any bonds or portion of bonds payable solely Rom revenues received or oxpected to be reoaived pursuant to a contract with a goverrrrnental entity, approved by the voters and which have; been or may, at this date, be issued is $0.00, andthe aggregate initial principal amounts of all bonds issued for one or more of the specified facilities of the district and payable in whole or in part from property taxes is $0,00, :4 `3 :r The district is located in whole or hi part within the corporate boundaries of the City of Beaumont. The taxpayers of the district are subject to the taxes imposed by the municipality and by the district until the district is dissolved. By law, a district located within the corporate boundaries of a municipality may be dissoh=ed by municipal ordinance without the consent of the district or the voters of the district. The district has the authority to adopt and impose a standby fee on property in the district that has water, sewer, sanitary, or drainage facilities and services available but not connected and which does not have a house, building, or other improvement located thoreon and does not substantially utilize the, utility capacity available to the, property, The district may exercise the authority without holding an election on the matter, As of this date, the amount of the standby fee is $-0-. An unpaid standby fee is a personal obligation of the, person that owned the property at the time of imposition and is secured by a lien on the property. Any person may request a certification from the district f stating the amount, if any, of unpaid standby fees on a tract of property in the district. The purpose of this District is to provide drainage and flood control facilities and services within the district through the issuance of bonds payable in whole or in part fi'om property taxes. The cost of the utilities facilities is not included in the purchase price of your property, and these utility facilities are owned or to be owned by the District. The legal description of the property which you are acquiring is as follows; That certain tract of land, more or less, more fully described in Exhibit "A", attached hereto and wade apart hereof by this reference. SELLER, CITY OF BEAUMONT Date; , 2023 PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMI3ER THROUGH DECEMBER OF EACII YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of the real property described in such notice or at closing of purchase of the real property. PURCHASER: Date; 2022 TIDELAND SPECIALTY, LTD., a Texas limited partnership By: CG TIDELAND, L.L,C., a Texas limited liability company, general partner Charles J. Giglio, President Legal Description, 0.8439 Acre Tract or Parcel of Ladd Noah"1'evis League, Abstract No, 52 Beaumont, Jefferson County, 'Texas BEING a 0.9439 acre tract or parcel of land situated in the Noah Tevis League, AbstractNo, 52, Jefferson County, Teas and being out of and part of that certain called 1,125 acre tract of land as described in a "Special Warranty Deed" from Tarrn Propertles, L,L,C, to the City of Beaumont as recorded in Cleric's File No, 2012038144, Official Public Records of Real Property, Jefferson County, Texas, said 0,8439 acre tract being more particularly described as follows: NOTE,: All bearings are referenced to the Southeasterly line of the said .1..125 acre City of Beaumont tract as SOUTH 69007'36" WTSYT as recorded in the above referenced Cleric's File No..2012038144, Official Public Records of Real Property, Jgjerson County, Texas. All ,set .518" iron rods set with caps stamped "Whiteley" BEGINNING at a 112" iron rod found for the most Westerly corner of the tract herein described, said corner also being themost Westerly corner of the, said L125 acre City of Beaumont tract and said corner also being the most Northerly Northeast comer of the remainder of that certainn. called I tA488 acre tract of land as described in a "Special Warranty Deed" from Union Pacific Railroad Company to Tideland Specialty, Ltd. as recorded in Clerk's File No. 2002046131, Official Public Records of Real Property, Jefferson County, Texas and said corner being in the Southeasterly right-of-way line of South Street (based on a width of 30 feet); THENCE NORTH 69"07'36" EAST, along and with the Southeasterly right-of-way lime. of South Street, fora distance of 271.31 feet to a point for corner (unable to find or set corner due to fences), and from said corner a scribed "X" in concrete set for the most Northerly corner of the said 1.125 acre City of Beaumont tract and being the intersection of the Southeasterly right-of-way line of South Street and the Westerly right-of-way line of Magnolia Street and said corner being the Northwesterly corner of that certain called 0.264 acre tract of land for right-of-way of Magnolia Street as described in a "Special Warranty Deed" from Tan n Properties, LLC to the City of Beaumont as recorded in Cleric's File No, 2009044503, Official Public Records of Real Property, Jefferson County, Texas bears NORTH 69°07'36" EAST a distance of 137.67 feet; THPNCE SOUTH 20052'24" LAST, over and across the said L 125 acre City of Beaumont tract, fora distance of 135.53 feet to a 5l8" iron rod set for corner, said corner being in theboundary line between the said 1.125 acre City of Beaumont tract and the remainder of the said 11.4488 acre Tideland Specialty, Ltd. tract and said corner bears SOUTH 69°0736" WEST a distance of 45.54 feet from a 518" iron rod witha. cap stamped "KW. Whiteley & Associates" found for the most Southeasterly corner of the said 1.125 acre City of Beaumont tract and said corner being the Southwesterly corner of the said 0.264 acre City of Beaumont tract, the most Easterly Northeast corner of the remainder of the said 11.4488 acre Tideland Specialty, Ltd, tract and being the most Northwesterly corner of that certain called 0.456 acre tract of land for right-of-way of Magnolia Street as described in a "Special Warranty Deed" fronn Tideland Specialty, Ltd, to the City of Beaumont as recorded in Clerk's File No, 2009034437, Official Public Records of Real Property, Jefferson County, Texas; I TET 13 UP THENCE SOUTH 69"07'36" WEST, along and with the boundary between the said 1.125 acre City of Beaumont tract and the remainder of the said 11,4489 acre Tideland Specialty, Ltd, tract, for a distance of 271.14 feet to a 112" iron rod found for corner, said corner being an hiterior ell corner of the remainder of the said 11.4488 acre Tideland Specialty, Ltd, tract and the most Southerly corner of the said 1.125 acre City of Beaumont tract; TYTEN•CR NORTH 20056140" WEST, continuing along and with the boundary between the said . 1,125 acre City of Beaumont tract and the remainder of the said 11.4488 acre Tideland Specialty, Ltd, tract, for a distance of 135.53 feet to the POINT OF BEGINNING and containing 0,8439 Acres, more or less. 1'/:12023123.05112) •OS 1 m&6.dncx Pn C2oi2 F F I I i I L'LS 1 fl V'f'liAl -, I IL UL. I UIfa Luu/V! ,t 'M" op.999..00m ONi 2 LE 'p '$1 WEu j U z �wu�o x 9b ° n At FR 15 9 MyN �k I CI Jim 8g° s hE�3gh6h q j z� Cn # R ! q a¢ s� g pop, A apt $g�n� �a a j -11 3��tgaa¢ n"honk �ah'�3i , till, 2 March 7, 2023 Consider approving a contract with Infrastructure Management Services (IMS) for pavement management and asset management solutions to be used by the Public Works Department. . .. ... . ... .. TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: March 7, 2023 REQUESTED ACTION: Council consider a resolution approving a contract with Infrastructure Management Services (IMS) for pavement management and asset management solutions to be used by the Public Works Department. BACKGROUND The Public Works Department plans and manages the maintenance and rehabilitation of six hundred and forty-four (644) miles of City Streets. Key functions for planning and management are the collection and organization of accurate data, analysis of roadway conditions, integration of GIS, and forecasting of maintenance based on anticipated budgets. Data collected will include pavement surface distress and structural condition information as well as asset identification for tracking. The data will help to identify and prioritize needs, predict firture conditions and assess costs and benefits. The City's goal is to develop an updated Pavement Condition Index for each respective pavement asset. Also, as a part of the services provided by IMS they will collect data and develop a database for the City of Beaumont's sidewalk infrastructure, With Resolution 11-327, on November 22, 2011, City Council awarded a contract to IMS of Tempe, Arizona to provide pavement asset management services. With Resolution 19-067, on March 19, 2019, City Council again awarded a contract to IMS of Tempe, Arizona to provide pavement asset management services. Administration is asking to continue using IMS for pavement management as a best value to the City in the estimated amount of $184,825.00. FUNDING SOURCE Capital Program ---- Street Rehabilitation Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and lie is hereby, authorized to execute a contract with Infrastructure Management Services, LLC (IMS), of Tempe, Arizona, in the estimated amount of $184,825.00 for street pavement management services. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of March, 2021 Mayor Robin Mouton - CITY OF BEAUMONT, TEXAS PROFESSIONAL SERVICES AGREEMENT PROJECT: PAVEMENT DATA COLLECTION, ANALYSIS, REPORT, 2023 This Agreement made on the clay of , 2023, between: THE CITY OF BEAUMONT 801 Main Street Beaunlont, TX 77701 ("City") and IMS Infr'astrUetUr'e Management Services, LP 8380 S. Kyrene Road, Suite 101 Tempe, AZ 85284 ("Collsultant") NOWTHEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. SCOPE OF WORD. Tile project is More particularly described as follows: The scope of CONSULTANT'S services ("Services") and project deliverables are described ill Attachment A — Scope of Services, the contents of which shall be incorporated into this AGREEMENT. 2. INDEPENDENT CONTRACTOR. CONSULTANT'S relationship to the CITY Shall be, that of an independent coaitractoc. CONSULTANT shall. have no authority, express or implied, to act oil behalf of the CITY as all agent, or to bind the CITY to any obligation whatsoever, unless specifically authorized in writing by the CITY Manager. 'fine CONSULTANT shall not be authorized to communicatc directly with, nor ill any way direct the actions of, any bidder or the construction contractor• for this project without the prior written authorization by the CITY's Project Manager. CONSULTANT shall be solely responsible for the performance of any of its employees, agents, or subcontractors under• this Agreement. CONSULTANT shall report to the CITY any and all employees, agents, and consultants performillg work in connection with this project, and all shall be subject to the approval of the CITY. 3, LIABILITY INSURANCE. 3.1. CONSULTANT shall, throughout the duration of this Agreement maintairl comprehensive general liability and property damage insurance, or commercial general liability insurance, covering ail operations of CONSULTANT, its agents and employees, performed in connection with this Agreenhent including but not limited to premises and automobile. EXHIBIT "A" 3.2 CONSULTANT shall maintain liability itlsuratice ill the following mirlimulli limits; Corn irehcitsive General Liabilit Insurance (bodily hijury and property damage) Combined Single Limit Per Occurrence $ 1,000,000 General Aggregate $ 2,000,000x Commercial General Liability Insurance (bodily iiijury and property damage) General limit per occurrence $ 1,000,000 General limit project specific aggregate $ 2,000,000 Automobile Liability Insurance $ 1,000,000 *Geticral aggregate per year, or Dart thereof, with respect to losses or other acts or omissions of CONSULTANT udder this Agreement. 3.3 If coverage is provided through a Commercial General Liability Insurance policy, a tnininium of 50% of each of the aggregate limits shall remain available at all times. If over 50% of arty aggregate limit has been paid or reserved, 'the CITY may require additional coverage to be purchased by the CONSULTANT to restore t11e required liniits. The CONSULTANT shall also notify the CITY'S Project Manager promptly of all losses or claims over $25,000 resulting from work performed under this contract, or any loss or claim against the CONSULTANT resulting from any of the CONSULTANT'S work. 3.4 All insurance companies affording coverage to the CONSULTANT for tine purposes of this Section shall add the CITY of Payson as "additional insured" urlder t11e designated insurance policy for all work performed udder this agreement. insurance coverage provided to the CITY as additional insured shall be primary insurance and other insurance rmaintairied by the CITY of Paysoti, its officers, agents, and employees shall be excess only and not contributirig with insurance provided pursuant to this Section. 3.5 All insurance companies affording coverage to the CONSULTANT pursuant to this agreement shall be insuratce organizations admitted by tile 111SUranCe C011111lrss€Otler of the State of Arizona to transact business of itlsuratice hi the state with an AM Kest, lric. fma€icial strength rating of A- or higher and a financial size category of 'V1I or larger 3.6 CONSULTANT shall provide thirty (30) days written notice to t11e CITY should any policy required by this Agreement be cancelled before the expiratio€i date. For the Purposes of this notice requirement, any material chatlge ill the policy prior to the expiration shall be considered a cancellation. 3.7 CONSULTANT shall provide evidence of compliance with the insurance requirements listed above by providing, at mitlitilum, a Certificate of Insurance and applicable ctidorsements, ill a form satisfactory to the CITY Attorney, coticurrently with the submittal of this Agreement. 3.8 CONSULTANT shall provide a substitute Certificate of Insu€•ance 110 later than thirty (30) days prior to the policy expiration date. Failure by the CONSULTAN`I' to provide such a substitution and extend the policy expiration date shall be considered a default by CONSULTANT and may subject the CONSULTANT to a suspension or teralillatioll of work under the Agreement. 3.9 Maintenance of insurance by the CONSULTANT as specified ill this Agreement shall ill no way be interpreted as relieving the CONSULTANT of any responsibility whatsoever acid the CONSULTANT may carry, at its own expense, such additional insurance as it deems ilecessary. 4. PROFESSIONAL, ERRORS AND OMISSIONS INSURANCE. Throughout the duration of this Agreement and four (4) years thereafter, the CONSULTANT shall jilaintaill professional errors and omissions insura€ice for work performed in connection with this Agreement in the minimum arnot►nt of 0€ie Million Dollars ($1,000,000.00). CONSULTANT shall provide evidence of colilphanee with these insurance requirements by providing a Certificate of Insurance. 5. WARRANTY. CONSULTANT warrants to CLIENT that it will pdrfor€n the services ill a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions i❑ the sa€lie locale. CONSULTANT MAKES NO OTHER WARRANTIES Olt GUARANTEES, EXPRESSED OR IMPLIED, RELATING TO CONSULTANT'S SERVICES OR SOFTWARE PROVIDED BY OTHERS, AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PAWRCULAR PURPOSE, 6. CONSULTANT'S INDEMNIFICATION OF CITY. To the greatest extent allowed by law, CONSULTANT shall in&nmify and hold harmless the CITY and its officers, agents and employees against all claims for damages to persons or property arisi€ig out of CONSULTANT'S work, including the negligent acts, errors or omissions or wrongful acts or conduct of the CONSULTANT, or its employces, agents, subcontractors, or others ill connection with the execution of the work covered by this Agreement, CONSULTANT'S indemnification shall include any an([ all costs, expenses, attorneys' fees, expert fees and liability assessed against or incurred by tile, CITY, its officers, agents, or employees iii defending against stick claims or lawsuits, whether the same proceed to judgment or not. Further, CONSULTANT at its own expense shall, upon written request by the CITY, defend any such suit or action brought against the CITY, its officers, agents, or employees founded upon, resulting or arising from the conduct, tortious acts or omissions of the CONSULTANT. CONSULTANT'S indemnification of CITY shall not be [invited by any prior or subsequent declaration by the CONSULTANT, 7. OWNERSHIP OF DOCUMENTS. All plans and Specifications, including details, computations and other documents, prepared or provided by the CONSULTANT under this Agreement shall be the property of the CITY. The CITY agrees to hold the CONSUTA'ANT flee and harmless f€•one any claim arising from any use, other than the purpose intended, of the plans and spceif€€cations and all preliminary sketches, schematics, preliminary plans, architectural perspective renderings, working drawings, inchldiag details, computation and other documents, prepared or provided by the CONSULTANT. CONSULTANT may retain a copy of rill material produced inkier this Agreement for tile, purpose of docil€renting CONSULTANT's participation in this project, 8. COMPENSATION. CONSULTANT'S coltipellsatioll for all work performed in accordance with this Agreement, shall not exceed the total contract price of $1.84,825.0 as presented in Attachment A -- Scope of Services. This includes I CAMS-2 RST suriuey iiV along with the Easy StmetAualysis (ESA) spreadsheet, tvr ilterr rep©r t, siclewalks database from imageiy, Citp mt ks sync to the R8,4, and the Sloiy Afcrl�. " If no fees are stated, fees will be according to CONSULTANT's currelit fee schedule. Fee schedules are guaranteed for the life of the contract. CONSULTANT may invoice CLIENT at least monthly and pay€Went is (tile within. 45 calendar days of receipt of the invoice. Tile invoice shall follow the fee schedule and be based on percentage complete or other agr-eed upon milestones. Documentation in the fords of a project status spreadsheet shall be supplied in support of each invoice. No withholdings shall be Made. CLIENT shall notify CONSULTANT in writing, at the address above, within 14 businoss days of the [late of the invoice if CLIENT objects to any portion of the charges on the invoice and shall pay undisputed portions of all invoice within 30 days of receipt of the invoice, CLIENT shall pay a fitlance fee/late fee of 1.5% pei• month, but €lot exceeding the maximum rate allowed by law, for all Unpaid amounts 20 days or Older. CLIENT agrees to pay all collection -related costs that CONSULTANT incurs, including attorney fees. CONSULTANT may suspend services for lack of timely paylllent. No work small be performed by CONSULTANT in excess of the total contract price without prior written approval of the CITY's Project Manager. CONSULTANT shall obtain approval by the CITY's Project Manager prior to performing any work that results in incidental expe€lses to CITY. 9. TIMING RU UIREM-ENTS. Time is of the essence in the performance of work under this Agreement and the tithing requirements shall be strictly adhered to unless otherwise modif€ed in writing. Timing Requirements is hereby mutually agreed to be through September 30, 2023 - with all initial contract expiration of February 21, 2024. * There are four (4) one-year extensions available on this contract. 10. PERIOD Or SI(RVICE - Work shall be initiated upon written authorization from CITY or execution of this agreement. Tile agreement terns shall be one (1) year commencing on the Effective Date of February 21 ", 2023. The agreement may be extended far adrritlonal consecutlre terms, not to exceed a total of fam, (4) years, subject to appropriations and the mutual agreement of CONSULTANT and the CITY, it. COOPERATIVE STATEMUNT -This Agreement shall be for the use of tile CITY. In addition, political subdivisions (Counties, Cities, CITYs, etc.), nonprofit organizations and public health institittions may in its discretion participate (piggyback) on this Agreement if CONSULTANT agrees to do so. 12, COI1 PLE`I ENESS — This Agreemont represents the entirety of the Agreement betwecu the Parties, Any changes to this Agreement must be made in writing and mutually agreed upon, 13, TERMINATION -- Either Party may terminate this Agreement for any reason by providing writle►t notice to tite other Party in writing within thirty (30) clays of their desired end elate, 14, O�V, TICE --Notice for this Agreement shall be deemed received when sent by cerli#'ied 111,111 or electronic mail to the following, o CONSULTANT: Jini Tau►•etc, 8380 S. Kyrene Rd., Tempe, AZ 85284 jtourek @inisanalysis,com o CITY: David Tingle, EIT, 801 Main Street, Beaumont, TX 77701 Daviel,Titfglc(,beaut3io►tttexns.gov 15, VENUE — Venue for any dispute arising front this Agreement shall be, proper in Beaumont, Jefferson County Texas, 16, �IGNATURES, The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement oil behalf of the respective legal entities of the CONSULTANT and the CITY, IN WITNESS WHEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained, and have caused this Professional Services Agreement to be executed by setting liereunto their signatures on the dates set forth below. IMS Infrastructure Mgt. Services, LP . y: John Till, Controller Datc: 2/1 G12023 20-0843083 Employer ID No. CITY OF BEAUMONT By: Kenneth R, Williams, City Manager Date: APPROVED AS TO FORM: City Clerk 3 March 7, 2023 Consider amending Ordinance No. 22-045 to remove condition number three (3). TEXAS TO; City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Claris Boone, Assistant City Manager, Community Services MEETING DATE; March 7, 2023 RIIQUFSTED ACTION; Couzicil consider aineticliiig Orditiauee No. 22-045 to remove condition number three (3). BACI{GROUND Ili August 2022, City Couneil appro-ved a Specific Use Permit to allow a railroad spur for properties located on the northeast and west side of the 600 Block of Amarillo Street and the south side of the 2600 Block of Fannin Strect subject to the following conditions; 1. Construct and 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; 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 line at Riverfront Park; 4, Add trees abutting the proposed wall acijaceiit to existing residential properties. BNSF Railway Company requests to trove forward will their project to install rail spurs, Amending Ordinance No, 22-045 to remove condition number three (3) is necessary to allow such, FUNDING Not applicable. RECOMMENDATION Approval of the amendment of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE ADMENDING TO REMOVE CONDITION NUMBER THREE (3) ON 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 City Council adopted Ordinance No. 22-045 on August 22, 2022, for a Specific Use Permit to allow a railroad spur for properties located on the northeast and west side of the 600 Block of Amarillo Street and the south side of the 2600 Block of Fannin Street subject to 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 the existing residential properties; and; 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; and, 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 lie at Riverfront Park; and, 4. Add trees abutting the proposed wall adjacent to existing residential properties; and, WHEREAS, the City Council is of the opinion that the requestfrom BNSF Railroad Company to remove condition number three (3) is reasonable and 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 `I. That a specific use permit to allow a railroad spur in an IRS (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 tots 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 as amended 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: 1. 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. 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. 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 7th day of March, 2023, Mayor Robin Mouton ORDINANCE NO. 22-045 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 1.68 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 .(Residentlal 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: 6 Construct an eight (6) foot tail brick or masonry wall or berm along the oast 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 pedestrlan crossing at BNSF'S rail line at Riverfront Park; o Add trees abutting the proposed wall adjacent to existing residential properties; and, WHEREAS, the City COL111011 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, THEREI;ORE, 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 I. 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, Moak 31 and tots 1-4, Block 32, Cartwright Terrace Addition, Boaumont, 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, subjoct 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 tan (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 Rlverfront Park; o Add trees abutting the proposed wall adjacent to existing residential properties. Section 2, That the specific use permit heroin 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 park hereof for all purposes. Section 3. Notwllhstanding the site plan attached hereto, the use of the properly 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 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of August, 2022, v W poi! C.-T.._ .�Q ,,.. Mayor Pro Tern 0110s D .rIo .. 1f}22-21 :.A. reques( for a i8pecii'ic Use I VI' iit to allow a new railroad spur in mi RS sidentiol — Shigle-Family Dwelling) District. Aicouf; 13NS1.+ Railway clo hnafhan Hail 0tion: The northeastand west sides of (lie 600 block of Amm illo Street and the south side i 2600 block ot'Fannin Street 0 100 200 { i I Feet No Text A6- o ... ....... r 4i - � �' I , �• a kc.l • I I .. I O f I IYUI 4L I �{ Ir it j � I 17 + �1 11jj{j ac� � iii _IJ i Nf.l �V� I I I ICU 7 !I i _�0'0� Nlld 131. A IJ'I)i N/1 J I I I Illp 1 I.qqq��4S�I g � 'VIVID _I 1 •€�i I iK[ •-� I Ih(i7 I __�__�_ I ( •hvtt�ila III d al's 1 { 1 17 ro I 1_4 i i 7N Vtd R fl Q Ill- _n .Ill �%a'JYhlf111�r�{ MA471' [0'ilil\SI11.1\V71\, VA+��1i7711871'+l,+i AT IWrIl Mum 0 March 7, 2023 Consider approving a request for a Specific Use Permit to allow a church in the Ll (Light Industrial) District located at 5750 S. Martin Luther King Jr. Parkway. T TEXAS TO: City Council FROM: Keinleth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: March 7, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a church in the LI (Light Industrial) District Located at 5750 S ,Martin Luther King Jr. Parkway. BACKGROUND Property owner, Ronnie Wallace, is requesting a Specific Use Permit to establish a church at 5750 S. Martin Luther King Jr. Parkway. This location was once used as a drinking place, formerly known as Bar 23. Mr. Wallace recently purchased the property and intends to begin a ministry. The building will be used for religious practices such as prayer services and outreach projects throughout the community. At a Joint Public Wearing held on February 20, 2023, the Planning Commission reconnnended 7.0 to approve the request for a Specific Use Permit to allow a church in the Ll (Light Industrial) District located at 5750 S. Martin Luther King Jr. Parkway, with the following conditions; 1. Appropriate sign and pavement markings shall be installed to update the ADA parking space to current standards. 2. Construction plans must meet all requirements by Water Utilities for any water and sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or FOG program. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Appropriate sign and pavement markings shall be installed to update the ADA parking space to current standards. 2. Construction plans must meet all requirements by Water Utilities for any water and sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or FOG program. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN LI (LIGHT INDUSTRIAL) DISTRICT AT 5750 S. MARTIN LUTHER KING JR. PARKWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS property owner, Ronnie Wallace, has applied for a specific use permit to allow a church in an LI (Light Industrial) District at 5750 S, Martin Luther King Jr. Parkway, being Lot 4, Block 15, Plat B-22, John A. Veatch League Survey, Beaumont, Jefferson County, Texas, containing 0.9 acres, more or less, as show 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 the expansion of a church an LI (Light Industrial) District at 5750 S. Martin Luther King Jr. Parkway; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow the expansion of a church is in the best interest of the City of Beaumont and its citizens subject to the following conditions: 1. Appropriate sign and pavement markings shall be installed to update the ADA parking space to current standards; and, 2. Construction plans must meet all requirements by Water Utilities for any water and sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or FOG program; and, 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. f That a specific use permit to allow the expansion of a church in a LI (Light Industrial) District at 5750 S. Martin Luther King Jr. parkway, being Lot 4, Block 15, Plat Bw22, Jahn A. Veatch League Survey, Beaumont, Jefferson County, Texas, containing 0.9 acres, more or less as shown on Exhibit "A," attached hereto is hereby granted to Ronnie Wallace, their legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes with the following conditions: 1, Appropriate sign and pavement markings shall be installed to update the ADA parking space to current standards_ 2. Construction plans must meet all requirements by Water Utilities for any water and sewer improvements, including any requirements of the City's backflow, pre-treatment, and/or FOG program, 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 7th day of March, 2023. Mayor Robin Mouton - 0 iqlm yll - ET A -7,5 6 N M-A KL 47 �ql 35'.-1 1 LA ARC n tj. EXHIBIT "A" 4 . 4 ti QW-507: Request for a Specific Use permit to allow a church in the LI (Light Industrial) Istrict, pplicant: Ronnie Wallace n: 5750 S. Martin Luther icing Jr. Parkway 0 100 200 1 1 1 J peat Exhibit °B" LFGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 4, Block 15, flat B-22, John A, Veatch League Survey, Beaumont, Jefferson Comity, Texas, containing 0.9 acres, more or less. BEAUMONT Planning & Commmilty Dovolopmnnt caso'lVImPlanning and ZonlnU Casa Sub Type; Speelflo Uso Permll Case td; PZ2022-607 Loaaflon; 5760 S MARTIN LUTHER KING PICWY, BEAUMONT, 77705 ltrdlviduals 11sted ott the record. Appilcartt Ronnie Wallace 130 `3lghorn Road I luntsvillo, Tx 77310 Property Owner Ronnle wallaco 130 Bighorn Road Huntsville, TX 77340 Case Typa: Planning snd 7_oning Casail: P72022-607 Casa Sfattis; REVIEW Tag Name: 5UP requost fora ohumh In 1.1 lolf atod Can: 12110l2.022 0:37:41AM Homo Phone: Work Phone: Cell Phone: 4096401400 E-Mall: wallaceronnle23®grnall,co;n Home Phone; Work Phone: Coll Phone: 4096404480 F-Mall: wallacoronnlo23 otmall,com Page 1 of 2 Printed On: 2/11202.3 NB` E A HU M 14 T Plotttiing & Community bovelopmolit: Legal Daserlptlon Number of Acros Proposrrtt Use Theatre specific tiro will be cortlpatiblo W1111 and not Injurious to the use and onjoyntant of other property, nor slgnifleat'fly 0111111811 or ialpair property values within the Immediate vkclulty "chat tho establisliniontof tl'o specific use will not inlpodo tho normal and orderly development and Inv rovoment of surrounding vacant property; That adoquaio utilitloo, access roans, drainage and other rlaosssary supporting facilities have been or will be provided Tho deslon, tacatlon and arrangement of all driveways a11ri parking spaces provides for the cafe and conve»lont inovornont ofvohlorrlar and podestrlan traffic That adsquato nuisance provonflon rrroasures have boon or will be taken to provantorcontrol ofronsivo odor, fumes, dust, noise and vibrattott Thatdfreellonai lighting will be provided so as not to disfurb or adversely affoct neighboring proportlos That there are sufffolent landscaping and soroonincd to Insuro harmany and cotnpatlbillty with adjacent property That the proposed nso is 111 rtecordanco with the Comprohenolvo Plan ' Notes. J A veatch 1) 22 blk 16 W ,900 AC 1,00 ftollglous Worship The spoclflo use of the property will be compailblo will' rind not Injurlous to the use and onjoyinant of other property, nor will it slgnlfioantly di minlsh or impair property values wlihin the Immediate vaclnity This oslabllshmont will not Impede the normal and orderly development and Improvarnent of surrounding vacant properly. assure you, adoquata utilities, access roads, drainage and other necessary supporting facllltles have been or will be provided Yes the design, locatlon nod arrangement of all drlVoWays and parking spaces provides for the safe and convenient movement of vehicular and pedesirian traffic Adequate nuisance prevention measures have been taken to prevent or control offensive odor, fumes, dust nalso and vibration, 1 assure you dkoollonul lighting will ha provided so as to not dislfub or adversely atfaot neiphboring properties Yes, sufficient landscaping and screening to Insure harmony and compatibility with adjacent property has been done. Yes (tie proposed use Is In accordance with the Comprehensive Plan Caso Typar Planning and Toning Pace 2 or 2 Caso M PZ2022-507 Primed On; 21112023 To Planning Commission, My name is Ronnie Wallace current owner of property located at 5750 S. M.L. King Jr Pkwy. 1 would like to respectfully like to request to change the use of building from bar to a church. I recently started our ministry and was looping for property ,to buy when I had the thought of just converting the building that I owned into what I need it for. The hours of operation will be from 8;00 am no later than 12,00 am. The property will remain intact with no structural changes. The site plan for Bar 23 which should be on file with the City of Beaumont. The building would be used for religious practices such as preyer services and doing outreach projects throughout the community. The property has already had a electrical inspection for a clean and show when 1 was thinking of selling the property and currently has electrical utilities. if you any other questions regarding my request please contact me at (409)54.9-1480 or wallaceronnie23@gmall.com. 5 March 7, 2023 Consider approving a request for a Specific Use Permit to allow a contractor office with fabrication and outside storage in the GC -MD (General Commercial -Multiple -Family) District located at 545 Center Street. TEXAS TO: City Council FROM: Kenuletli R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: March 7, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a contractor office with fabrication and outside storage in the GC -MD (General Commercial -Multiple -Family) District located at 545 Center Street. BACKGROUND Larissa Payton requests a Specific Use Permit to allow a contractor office with fabrication and outside storage at 545 Center Street. The intent of the business is to fabricate tiny homes and container homes on a trailer for easy delivery to clients. They will have two (2) to three (3) homes on display on the southeast corner of the property. This building does not have running water; as such they propose to have a portable bathroom onsite for customers and employees. They will employ one to six (6) individuals to staff the business with operational hours being Monday to Friday 8 a.m. to 5 p.m. They intend to emit noise of no greater than 100 decibels due to the use of a table saw. At a Joint Public Hearing held on February 20, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a contractor office with fabrication and outside storage in the GC -MD (General Commercial -Multiple -Family) District located at 545 Center Street, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment, and/or FOG program as well as all applicable Building and Fire Codes. 2. All business operations shall be in compliance with Section 28.04.007 Performance standards. 3. All Building Code requirements shall be adhered to due to the change in occupancy, including water and sanitary sewer services. 4. Shall be in compliance with all applicable Fire Codes. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Construction plans inust meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment, and/or FOG program as well as all applicable Building and Fire Codes, 2. All business operations shall be in compliance with Section 28.04.007 Performance standards. 3. All Building Code requirements shall be adhered to due to the change in occupancy, including water and sanitary sewer services. 4. Shall be in compliance with all applicable Fire Codes. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CONTRACTOR OFFICE 1N A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 545 CENTER STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Larissa Payton, has applied for a specific use permit to allow a contractor office with fabrication and outside storage in a GC -MD (General Commercial - Multiple Family Dwelling) District for property located at 545 Center Street, being the southern 25.5' of Lots 4-6 and all of lots 1,7-12, Block 37, Calder Addition, Beaumont, Jefferson County, Texas, containing 1.293 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 contractor office with fabrication and outside storage in a GC -MD (General Commercial - Multiple Family Dwelling) District for property located at 545 Center Street, subject to the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's bacl<flow and/or pre-treatment programs and/or F.O.G. program; and, 2. All business operations shall be in compliance with Section 28.04.007 Performance standards; and, 3. All Building Code requirements shall be adhered to due to the change in occupancy, including water and sanitary sewer services; and, 4. Shall be in compliance with all applicable Fire Codes; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a contractor office with fabrication and outside storage 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 contractor office with fabrication and outside storage in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 545 Center Street, being the southern 25.5' of Lots 4-6 and all of lots 1,7-12, Block 37, Calder Addition, Beaumont, Jefferson County, Texas, containing 1.293 acres, more or less, as shown on Exhibit 'A" is hereby granted to Larissa Payton, their legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a pail hereof for all purposes, subject to the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs and/or F.O.G. program. 2, All business operations shall be in compliance with Section 28.04.007 Performance standards. 3, All Building Codes requirements shall be adhered to due to the change in occupancy, including water and sanitary sewer services. 4. Shall be in compliance with all applicable 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 7th day of March, 2023. - Mayor Robin Mouton - MCPADDIN AVO, 9nN2AV WR(lW? EXHIBIT "A" Pz2O23.21: Request for a Specific Use Permit to allow a contractor office with fabrication and outside storage In the GC -MD (General Commercial -- Multiple -Family Dwelling) district. Applicant: Larissa Payton Location: 545 Center Street ----j2sS 0 100 200 I i I __- 1 Feet tY44 L I �oQA.s� t� ay (010 'tom; P.10 FRIA % PA ,.� a:s 1 I ff iA n s, F. r Exhibit "B" LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the southern 25,5' of Lots 4-6 and all of Lots 1, 7-12, Block 37, Calder Addition, Beaumont, Jefferson County, Texas, containing 1,293 acres, more oT less. M.F h N M &A AUMWMT planning is Community Dovelopment; Cafm ype;Planning And zaning Caso Status; REVIEW Casa Sub Type,, Specific Use Permit Tau Name? SUP for Contractor office With Case It: PZ2023-21 profabrlcallon and outslde storage. Locat€an; 606 CENTER ST, BEAUMONT, TX Iniilatrld Ow 1116MOn 0:06:41AM Individuals 11sled on the record: Appllonnt Larlssa Paylon Home Phone: 4095643551 6290 Gail Dr. Work Phone: Beaumont, TX 7770a Call Phone: 4095543551 F-Mail: larlssa_paylon@hoIMall,corn Property Owner Mark Sirattan Home Phone: 400-643.4218 1300 Avemse Q Work Phone; Huntsvilie,'i'X77340 Cell Phone: 400-543-4218 E-Null: aceglass'116@gmail,com Case lVpa, Planning and Zoning Page 1 of 2 Cnse #: PZ2023-21 Printed On: 218/2023 M MMWM"M BEAU Am M Planning & Covninunity Development Legal Bosarlptlon CALDER 1.1 13 37 Numiser of Acres 1,20 Proposed Use Build and Soti Tiny Homes That tho specific use will 114 The specific, use will lie compatible with and not Injurious to Ilia Ilse compatible with and not injurious to and enjoyment of other property, not significantly diminish or Impair the use and ar►joymont of other property values within Ilse Immediate vicinity. All work and property property, noraigniftcanlly di ninish or use will occur within the fonced area. Impair property values withhi the hmniodiato vicinity That tho ostafrlishtnont of Ilya specffio use will not impodo the rrarmal and orderly development an(( Improve€nont of surrounding vacant property; That adoquale ufllition, access roads, drainage and other necessary supporting facilities have heon orwlil he provided Tiro dosign, location and arrangomont of all driveways and parking spaces provides for Ilia safe and convenient ntovoment of vehicular and pedestrian traffic That adequate nuisance provontlon moasuros have been or will be taken to prevent or control offensivo odor, fumes, oust, noiss and vibration That diroailonnl Iighting will be provided so as not to disturb or adversely affect. neighboring properties That thero are sttifielent landscaping and screening to insure harmony and compatibility with adjacent property That file proposed use Is In accordance wlth the Comprelranslvo Plan Notes: The establishment of Ilia speolflo use, building tiny homes, will not Impede file normal Lind orderly development and improvement of surrounding vacant property. Tlie adequate utllltles, aocess roads, drainage, and other necessary supporting Faeilliles have or will be provided in accordance with city regulation. The design, lodation, and arrangement of aii driveways and parking spaces provide for the safe and aanvenient movement of vehicular and pedestrian trafflo. Adequate nuisance prevention measures will he taken to prevent of control offenslvo odor, fumes, dust, noise and vibration. Qrootlonal lighting will be provided and will not disturb or adversely affect neighboring properties. There Is sufficient landscaping and screening to Insure harmony and compatIbillty with adjacent property. The proposed use is In accordance with the Comprehensive plan Cosa'typo: Planning and T.onlnp gage 2 of 2 case M PZ2023-21 P(Inted 011: 2/8/2023 January 17, 2023 planning and Zoning, My name is Larissa Payton. My company would like permission to ttuilding Tiny Homes and Container homes In this location, We are constructing the Tiny Homes an pre -bought trailers designed for this purpose, We are NOAH certified and the work is inspected and audited at each stage of construction. The Tiny Home units will be built at this location but sold and picked up by the customer. it Is a pull behind unit (with a truck, etc,) We will have two or three homes on the site for viewing but primarily will custom build to order. The container homes will be primarily built on the client's site, but the one in the shop Is to showcase what we can do, The Tiny Houses and the Container house will be displayed on the corner of Calder and Center St,, Inside the fenced area. There Is a ports potty for the worker's use and a dumpster for waste. There Is no running water on site, hence the ports potty, Hours of Operation are aarn-Spm, If there are deadlines to be met, there could be extended work hours, There Is an office In the warehouse where meetings will be held. There will be one office person on site for the day to day operation. There will also be 4-5 workers In the warehouse depending on tasks for the day, There will be a minimum of 1 person and a maximurn of 6 people In the shop on any given day. Nolse levels will be maximum 100 decibels due to use of table saw. Circular saw, drill, harnmer and nall, nail gun, and hand tools are well below these decibels. Hearing protection will be provided for the safety of the workers, Please let me know If you need anything else, Thank you, Larissa Payton PBN Place Tiny Names M March 7, 2023 Consider approving a request for a Specific Use Permit to allow a paint and body shop in the GC -MD (General Commercial -Multiple -Family) District located at 6255 Concord Road. TEXAS TO: City Council FROM: Kciuieth R. Williams, City Manager PREPARED BY: Clubs Boone, Assistant City Manager, Community Services MEETING DATE: March 7, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a paint and body shop in the GC -MD (General Cornmercial-Multiple- Faaiiily) District located at 6255 Concord Road. BACKGROUND Lesley Reel, on behalf of Caliber Collision, is requesting a Specific Use Perinit to allow a paint and body shop at 6255 Concord Road. Caliber Collision has facilities nationwide. Hours of operation would be Monday through Friday, 7:30 a.nn. to 5:30 p.m. This business will be an automotive repair shop with operations such as glass and auto body repairs, painting, etc, At a Joint Public Hearing held on February 20, 2023, the Plamiing Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a paint and body shop in the GC -MD (General Commercial -Multiple -Family) District located at 6255 Concord Road, with the following conditions: Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 2. A rict-zero increase in the runoff will be required to ensure the runoff from the proposed conditions match the existing conditions for the 100-year storm event using Atlas 14 rainfall data, per Drainage District 6. 3. Construction plans shall be in coinpliance with Section 28,04.006 Landscaping and screening requirements. 4. Install a five (5) foot wide sidewalk along Concord Road and Judy Lane. FUNDING SOURCE Not applicable, RECOMMENDATION Approval of the ordinance, with the following conditions: Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 2. A net -zero increase in the runoff will be required to ensure the runoff from the proposed conditions match the existing conditions for the 100-year storm event using Atlas 14 rainfall data, per Drainage District 6. 3. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 4. Install a five (5) foot wide sidewalk along Concord Road and Judy Lane. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PAINT AND BODY SHOP IN A GC -MD (GENERAL COMMERCIAL --MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 6255 CONCORD ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Lesley Reel, on behalf of Caliber Collision, has applied for a specific use permit to allow a paint and body shop in a GC -MD (General Commercial -Multiple Family Dwelling) ❑istrict for property located at 6255 Concord Road, being Tracts 69 and 193 of the Thos Spear Survey, Abstract 50 and F. Bigner Survey, Abstract 1, Beaumont, Jefferson County, Texas, containing 1.74 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 paint and body shop in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 6255 Concord Road, subject to the following conditions; 1, Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pretreatment programs and/or F.O.G. program; and, 2. A net -zero increase in the runoff will be required to ensure the runoff from the proposed conditions match the existing conditions for the 100-year storm event using Atlas 14 rainfall data, per Drainage District 6; and, 6, Construction plans shall be in compliance with Section 28.04,006 Landscaping and screening requirements; and, 4. Install a five (5) foot wide sidewalk along Concord Road and Judy Lane; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a paint and body shop 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 paint and body shop in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 6255 Concord Street, being Tracts 69 and 193 of the Thos Spear Survey, Abstract 50 and F, Bigner Survey, Abstract 1, Beaumont, Jefferson County, Texas, containing 1.74 acres, more or less, as shown on Exhibit 'A," is hereby granted to Lesley Reel, their 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,- 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs and/or F.O.G. program. 2. A net -zero increase in the runoff will be required to ensure the runoff from the proposed conditions match the existing conditions for the 100-year storm event using Atlas 14 rainfall data, Per Drainage District 6. 3. Construction plans shall be in compliance with Section 28,04,006 Landscaping and screening requirements, 4. Install a five (5) foot wide sidewalk along Concord Road and Judy Lane. 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 7th day of March, 2023. Mayor Robin Mouton .rn wwwch rr Im wvw,u, Im ,� "-rr,aa w+nw ,:� v, w �a vrc y eon „v , ,•>., a,l urrv:• a � /%" �•'�+ r ram' q �' ..+era—...Oe•' � / ♦: tw4f� .SEA 7 a�.4+"�H'^'r�'. :� e 9 '1 Y 2 �dM� g� ~ '�tir L, "�a� � �,,,,Ne r '•' Y / �� / (Sj � • / —���K �� r, r pi t � y i r 1>i i I � • � �;;:�,�ti,� ; re is„t �:�`;41�� �f:. �il'i" ��• � '' / ( ! �F .3�;� k I I I ; :g• r;s. (, r3:,+ 5;;,,,+J;k i` >k •li ke.r�C , ,. /� ( ;gq •{,'y..tl lrr4F`��1��:: sr,v,.•. •"' ,5�+ rrr,^�/ � '�,#��� �'�,:� �':ii �/ / � liri•3�?+?{r�• (lj �� f 4 ylV 1 C ,i .. ,.•� :,y, . to .� a$—. !1/(,' Rill 5 & f lit l r� 5155t�� �•,,.� ,� Q ♦� 5 { 15 `` 1 \ �. i• 5 k•� .� ,r i� R } CALIBER COLLISION BEAUMONT p SITE PLAN OPTION 2� EXHIBIT "A" :12023-26; Request for a Specific Use Permit to allow a paint and body shop In the GC -MD ,General Commercial — Multiple -Family Dwelling) District. Applicant; Lesley Reel on behalf of Caliber Collision Location: 6255 Concord Road 0 100 200 1 J Feet Exhibit °B" LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being 13414 acres (75,855 square feet) of land, out of the Remainder of a called 5.446 acres, conveyed to Scott Walker, by deed recorded under County Clerk's File Number (C.F.N,) 2020021153 Official Public Records of Jefferson County, Texas (O.P.R. J.C.T.), said 1.7414 acre tract lying in the T. Spear Survey, Abstract 50 and F. Bigner Survey, Abstract 1 and being more particularly described by mates and bounds as follows: COMMENCING at a found 1/2 inch iron rod with cap in the northeast right-of-way (R.O.W.) line of Concord Road, R.O.W. varies, narking the south corner of the Remainder of a called 1.8979 acres, conveyed to RNS Business Inc., by deed recorded under C.F.N. 2021006802 O.P.R. J.C.T.; THENCE South SS°28'36" West, over and across said Concord Road, a distance of 95.13 feet to a set 5/8 inch iron rod with cap stamped "Core 6657" in the south R,O.W. line of said Concord Road, marking the west corner of a called 2.110 acres, conveyed to Scott Walker, by deed recorded under C.F.N. 2020021150 O.P.R. J.C.T., also being an angle point of said Remainder; THENCE along said south R.O.W. line and a curve to the left, having an arc distance of 105.44 feet, a radius of 2,360.00 feet, a central angle of 02' 33' 3S", and whose long chord bears North 6911 P1 I" West, 105.43 feet to a found 60D Nail, marking a point of tangency of said Reminder; THENCE North 70"27'59" West, continuing along said south. R.O.W. line, a distance of 141.75 feet to a set 5/8 inch iron rod with cap, narking an angle point of said Remainder; THENCE North 77°17'40" West, continuing along said south R.O.W. line, a distance of 31.14 feet to a set 5/8 inch iron rod with cap, marking the northeast corner of the herein described tract and the POINT OF BEGINNING; THENCE South 03°32' 17" East, over and across said Remainder, a distance of 298.02 feet to a set 5/8 inch iron rod with cap in the south line of said Remainder and the north line of a called Tract 1: 196,599,14 square feet, conveyed to First Street Interests, LLC, by deed recorded under C.F.N. 2021008690 O.P.R. J.C,T., narking the southeast corner of the herein described tract; THENCE South 86°27'43" West, along the north line of said Tract 1: 196,599.14 square feet, a distance of 203.95 feet to a found 5/9 inch iron rod with cap in the east R.O.W. line of Judy Lane, R.O.W. line varies, marking the northwest corner of said Tract 1: 196,599.14 square feet, also being the southwest corner of said remainder of a called 5.446 acres and the herein described tract; TIIENCE North 05°44'28" West, along said east R.O.W. line, a distance of 99.85 feet to a found 5/8 inch iron rod with cap, marking an angle point of said remainder of a called 5.446 acres and the herein described tract; THENCE North 0731' 17" West, continuing along said east R.0,W. linc, a distance of 100.00 feet to a found 5/8 inch iron rod with cap, marking an angle point of said remainder of a called 5,4416 acres and the herein described tract; ` HENCE North 10°14' 17" West, continuing along said east R.O.W. line, a distance of 100.00 feet to a found 5/8 inch iron rod with cap, marking an angle point of said remainder of a culled 5.446 acres and the herein described tract; THENCE North 12'50' 17" infest, continuing along said cast R.OM. line, a distance of 97,70 feet to a set 5/8 inch iron rod Avith cap stamped "Core 6657", marking the northwest corner of the herein described tract; THENCE North 74°04'39" East, a distance of 35.16 feet to an existing power pole in the southwest R.O.W. line of said Concord Road, marking an angle point of the herein described tract; THENCE along said southwest R.O.W, line and a curve to the left, leaving an arc distance of 214.20 feet, a radius of 1246.00 feet, a central angle of 09°50'59", and whose long chord bears South 65°50'50" East, a distance of 21194 feet to a found 1 /2 inch iron rod, narking a point of tangency of the herein described tract; THENCE South 77'17'40" East, continuing along said southwest R.O.W. line, a distance of 19.18 feet to the POINT OF BEGINNING and containing a computed 1.7414 acres (75,955 square feet) of lend. ot's"" Ohm A U M 0 N T Planning 8, Comllltlnity Daveiopmant Casa'Ijiimplanning and Zoning Casa Statna: REVIEW Caro Sub'rype: Speolfic Use Parmil 'fag Nanw SUP for Caliber Collision a paint & body 0uso M PZ2023.26 shop in C3C-MD Location: 6265 Concord Rd, Beaumont, TX tnitlated On; 1117/2023 1:13:10PM Ind►vlduals listed on ilia record: Applicant Lesley Real 3307 W Davls 5t Conroe, TX 77304 Property Owner Roger Scoll Walker and David Clifton Walker 4460 J*HOMAS GLEN Beaumont, TX 77706-7722 Agent Joe Dell 4336 Marsh Ridge Rd. CarrolIlon, 7X 76010 Caso Typo: Pfunnlakg and Zonlog Case 11: P22R7.3-26 Home Phone: 9366470420 Work Phone: Cell Phone: 9366470420 l -Mall: LReal0L2F1)glneorin9.00m H01110 Phone; Work Phone: Cell Phone: L-Mall: Homo Phone: Work Phone: Cell Phone: 9037719444 H-Mail: joe@crossdavelopment.net Page 1 of 2 Pfinted On: 1 /2312023 B"EAUMONT Plarrning & Colninunity Development Logal Doscrlptlon Approximately 1.74 acroa of land out of a called 3,622 acres,Traois 69 and 1 g3 of the Thos Spear Suivey, Abstract 60.'rho subject tract Is located in City of Beaumont and Drainage Dielfict 116, (Jefferson County Appraisal Distdot ID: 13W66.) Number ofAcma 1.74 Proposed Use Automolivo Paint and 13ady Shop That file specific use will be The development will not adversely affect any In the community and compatible with and not injurious to will be designed in a manner to beautify [lie surrounding area. the use and enjoyment of other property, nor significantly diminish or Impair property values within the Immediate vicinity That tho ostabliehttnent of ttie specific The development will not advoraoly allot the future two will not hnpot!6 the normal and developementlimprovomant of any surrounding property. Orderly development and Improvement otsurrounding vacant properly; That adequate utilities, a000ss roasts, The proposed development will utilize oxlalincd ittfrastmoturo to drainage and other necessary operate succoasfully, supporting facilities have been or will he providad The design, location and arrangement The development has been deslpned In a manner to allow traffic to of all driveways and parking spaces move smoothly and convonlontly Into and out of the property. provides for the safe and convenient rtiovement of veiiloular and pedestrian traffic That adiosivate nufsariao provontlon All auto hady repair wilt be performed Indoors to minimize any odor, measures havo boon or will bo taken fumes, dust, or v)brallon. to prevent or control offensive odor, fumes, dust, nolso and vibration That directional lighting will he All lighiing will be designed In a manner to mfnimlze affocts to provided so as not to disturb or surrounding properties. adversely affect neighboring properties That there are sufficient landscaping All landsaaping will be In accordance wlili (lie City of Beaumont Code and screening to Insure harmony and of Ordinances, compatibility will adjacent property That the proposed Use Is In The proposed devolopmont uomplies with the goals sot in (lie accordance with the Comprehensive Comprohonsivo Plan. Plan notes: Case Type: I lannIng and Zoning Pago 2 of 7. CasoW., R9023-20 Printed On:1i2312€423 L SQUARED ENGINEERING MONICIPAL COMMERCIAL RESIDENTIAL January 17, 2023 City of Beaumont, Texas - Planning Committee PO Box 3827 Beaumont, TX 77704 RE: Special Use Permit —Caliber Collision Deautmont Dear city of Beaumont Planning Committee, 3307 W. Davns Si Ill 00 Conroy, Texas 77301 P, 030-MY-0420 r:030-U47-23UU vA"Y.L2Enp1nuar1np.00m This letter Is to confirm Cross Development's desire to apply for a Special Use Permit at 6255 Concord Rd, Beamnont, TX 77708, The proposed development for a portion of this property will be a Caliber Collision auto repair shop. The following are the specifics of the Caliber Collison to be built and operated at this location, • Business Name Caliber Collision Hours of Operation -- Monday to Friday 7,30 AM — 5:30 PM, Closed on Saturdays and Sundays It Is planned to have 15-20 employees on a regular basis. 'fire business will operate as an auto repair shop with the following functions: a Vehicle Intake • Repair preparation, including vehicle disassembly and procurement of new parts • Autobody repair, Including sheetnietal/dent repair, auto glass replacement, and mall damage repair • Painting, Including sanding, blending, masking, spray painting, and polishing • Vehicle cleaning/washing The proposed business will serve the autobody repair needs of the surrounding area In a manner that considers tine aesthetics of the surrounding community as well as the comfort of Its residents In the following ways: • The auto repair shop will not be detrimental to the health, welfare, and safety of the surrounding area as all work Is completed within the shop. All chemicals and fumes are to be disposed of oil site and contained wlthln the work area. The business provides a site layout and design that Is harmonious with the surrounding area. Caliber Collision auto repair shops are known for their aesthetic appeal as well as the tidiness of their shops. The proposed bulldhng will meet and exceed the existing appearance of the community, The proposed facility does not negatively impact existing uses In the area and In the City through Impacts on public Infrastructure such as roads, parking facilities, and water and sewer systems, Cellber Collision • Beaumont Special Use Pernstt Letter 1/17/23 Page 1 and on Public services such as police and fire protection and solid waste collection and the ability of existing Infrastructure and services to adequately provide services. Tile business will utilize existing infrastructure, not requiring additional road cuts, or water/sewer/or storm water - systems, The repair shop will minimize negative Impacts on existing uses In the area and In the City through the minimization of noise, glare, fumes, dust, smoke, vibration, fire hazard or other Injurious or noxious Innpact, in compliance with sl?eclal condition 9 in Section 28.04.008 of the code of ordinances, all autobody repalrwill be done In an enclosed building, The development will also only operate during business hours that are harmonious with tile surrounding area and therefore will have minimal Impact on the community, This proposed site will have approximately 84 parking spaces, meeting the parking conditions of parking group 19 in section 28,04.002 of the Cade of Ordinances, For the aforementioned reasons, it Is belleved that tine Caliber Collision auto repair shop shall be granted the Special Use Permit for the proposed development, Thank you, A�M Lesley Reel, PC, CFM caliber collision- ummont Is 1/17/23 Speclai Use Permit Letter Page 2 h March 7, 2023 Consider approving a request to Rezone a portion of property from RS (Residential Single -Family Dwelling) to RM-M (Residential Multiple Family -Medium Density) or more restrictive district for property located at 6730 Concord Road. TEXAS TO: City Council FROM: Kenneth R, Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: March 7, 2023 REQUESTED ACTION: Council consider a request to Rezone a portion of property from RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family -Medium Density) or more restrictive district for property located at 6730 Concord Road. BACKGROUND Deborah Tomov of Family Services of Southeast Texas is requesting a zone change to a 0.38 portion of property located east of 6730 Concord Road. Ms. Tomov would like to rezone the property from RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family — Medium Density). If granted, the property owner will use the 0.38 portion of land for a driveway to access a fixture multi -fancily development, According to our City's Comprehensive Plan the property is located within the "Parkdale Mall Regional Center". Regional Centers "may include hospitals, branch libi-caries, governmentcd agencies, inn or office complexes, regional shopping centers, and higher density residential developinent." This request appears to align with our City's Comprehensive Plan of Beaumont. At a Joint Public Hearing held on February 20, 2023, the Plaruring Commission recommended 6:0:1 to approve the request to rezone a property from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling -Medium Density) District for property located at 6730 Concord Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE. ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 6730 CONCORD ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERASILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling -Highest Density) District for property located at 6730 Concord Road, being a tract of land in the Thomas Spear Survey, Abstract 50, Beaumont, Jefferson County, Texas, containing 0.382 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. 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 7th day of March, 2023. - Mayor Robin Mouton ii ICI it I� EXHIBIT "A" P22023-37; Request to Rezone a portion of property from RS (Residential Single Famiiy) to RM-M (Residential Multiple-Family'--Modium Density) or a more restrictive district. Applicant: Deborah Tomov, Family Services of Southeast Texas Location: East of 6730 Concord Road 0 i0o 200 1 i 1 I Feat _ d CyC-Mph , .� r F Exhibit "B" LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 0.382 acre tract of land in the THOMAS SPEAR SURVEY, ABSTRACT No. 50, Jefferson County, Texas, and being a portion of that certain tract of land (called "19.53 acres"), described in that certain instrument to Family Services of Southeast Texas, file,, recorded under Clerk's File No. 2022032517 in the Official Public Records of Jefferson County, Texas and the said herein described tract of land being more particularly described by metes and bounds as follows: 1EGINNING at a 518" iron pipe found in the northeasterly right-of-way line of Concord Road for the most westerly southeast corner of the said "19.53 acres" tract and most southerly corner and POINT OIL BEGINNING of the said herein described tract of land, the said iron pipe having a State, Plane Coordinate value of North 13,991,265.44East 3,497,304.11'; THENCE North 53 deg. 31 nfin. 16 sec. West (called "North 53 deg. 39 min. 01 sec. West"), along and with the said northeasterly right-of-way line of Concord Road and a southwesterly line of the said "19,53 acres" tract, a total distance of 59.86 feet (caller[ "59.84 feet"), to a 1l2" icon rod found for an angle point corner of the said "19.53 acres" tract and the most westerly corner of the said liefein described tract of land; THENCE North 38 deg. 34 min. 55 sec. East, over and across the said "19.53 acres" tract, a total distance of 231.77 feet, to an iron rod with "FITTZ & SHIPMAN" cap found for an interior "ell" corner of the said "19.53 acres" tract and an angle, point corner of the said lierein described tract of land; THENCE North 38 deg. 31 min. 35 sec. East (called "North 38 (leg. 33 min. t t sec. East"), along and with a northwesterly line of the said "19.53 acres" tract, a total distance of 49.29 feet (called "49.26 feet"), to an iron rod with "FITTZ & SHIPMAN" cap found for an interior "ell" corner of the said "19.53 acres" tract and the most northerly corner of the said herein described tract of land; THENCE South 43 deg. 25 min. 50 sec. East, over and across the said "19.53 acres" tract, a total distance of 61.58 feet, to an iron rod with "I31TTZ & SHIPMAN" cap found for ail interior "ell" corner of the said "19.53 acres" tract and the most easterly corner of the said herein described tract of land; THENCE South 38 deg. 49 min. 04 sec. West (called "South 38 deg. 49 min. 46 sec. West"), along and with a southeasterly line of the said "19.53 acres" tract, a total distance of 270.31 feet (called "270.37 feet"), returning Back to the POINT OF BEGINNING and containing 0.382 acre of land, more or less. Dohn 1-1. LaBloho, FATA - Principal. Grog Wail, ATA » Principal C 7 C 7999 Gladys Avenue, Suite 101 $enwnontjoxas 77706 GROUP, INC. (409) 860-0197 . Fox (409) 860-0198 January 24, 2023 City of Beaumont Planning & Community development Department 801 Main, Suite 201 Beaumont, TX 77701 Re: Rezone Request for 6730 Concord Rd, on behalf of ramliy services of Southeast Texas Family Services of Southeast Texas wishes to rezone the properly marked In blue on the map from R- S to GC -MD. This narrow section currently provides access from Concord Rd, to the property marked as Tract 1. See attached survey. Plans are currently underway to construct a new 36,000 sf Shelter and Administration Building on (lie adjacent site Immediately north of the property designated as Tract 1 on the attached survey, The narrow strip of property being requested for rezoning would be used to build a vehicular drive from Concord to the new Shelter and Administration Building. Respectfull , Greg Wall, AIA 1 of 1 BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Rezone Case #: PZ2023-37 Location: 6730 CONCORD RD, BEAUMONT, 77708 Individuals listed on the record: Applicant Deborah Tomov, Family Services of Southeast Texas 3550 Fannin St. Beaumont, Tx 77701 Property Owner Deborah Tomov, Family Services of Southeast Texas 3550 Fannin St. Beaumont, Tx 77701 Agent Greg Wall, AIA, The. LaBicheArchictectural Group 7999 Gladys Ave. Suite 101 Beaumont, Tx 77706 Case Status: REVIEW Tag Name: Rezone request from R-S to RM-M. Initiated On: 1/24/2023 11:40:51AM Home Phone: 409-833-2666 Work Phone: Cell Phone: 409-678A032 E-Mail: dtomov@westrengthenfamilies.org Home Phone: 409-833-2666 Work Phone: Cell Phone: 409-678-1032 E-Mail• dtomov@westrongthenfamilies.org Home Phone: 409-860-0197 Work Phone: Cell Phone: 409-656-3505 E-Mail: gwall@labiche.com Legal Description see attached meets & bounds Number of Acres 0.38 Proposed Use RM-M Notes: Case Type: Planning and Zoning Page 1 of 1 Case #: PZ2023-37 Printed On: 211/2023 ,11 March 7, 2023 Consider approving a request for a Specific Use Permit to allow the expansion of a church in the RCR (Residential Conservation Revitalization) District located at 1685 Pennsylvania Street. TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Clixis Boone, Assistant City Manager, Community Services MEETING DATE: March 7, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow the expansion of a chru•ch in the RCR (Residential Conservation Revitalization) District located at 1685 Pennsylvania Street. BACKGROUND Aaron Ward, on behalf of Adrian Hopkins with Christ Mission Temple, requests a Specific Use Permit to expand the church located at 1685 Pennsylvania Street. The site has an existing structure being used as a church and they wish to add an activity building south of it. The church holds weekly services on Sunday, Monday, and Wednesday. According to the City's Comprehensive Plan, this property is located within the "Conservation and Revitalization" area. Such areas are, "built up areas inhere a ,significant portion of the area is experiencing influences such cis incompatible land uses, dilapidated structures, a deteriorating orpoor public infrastructure, and a decline in population and in the number of housing units and businesses. lininediate actions are needed to prevent continued deterioration and to reverse and repair those conditions." At a Joint Public bearing held on February 20, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow the expansion of a church in the RCR (Residential Conservation Revitalization) District located at 1685 Pennsylvania Street, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment, and/or F.O.G. program. 2. Construction plans must meet all Fire and Building Codes requirements. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment, and/or F.C.G. program. Z. Construction plans must meet all Fine and Building Codes requirements. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE EXPANISON OF A CHURCH 1N AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT AT 1685 PENNSYLVANIA IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Aaron Ward, on behalf of Adrian Hopkins with Christ Mission Temple has applied for a specific use permit to allow the expansion of a church in an RCR (Residential Conservation Revitalization) District at 1685 Pennsylvania, being Tracts 6 and 7, Plat Q, David gown League Survey, Beaumont, Jefferson County, Texas, containing 0.453 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 the expansion of a church in an RCR (Residential Conservation Revitalization) District at 1685 Pennsylvania; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow the expansion of a church is in the best interest of the City of Beaumont and its citizens subject to the following conditions: 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City`s backflow and/or pro -treatment programs, and/or F.O.G. program; and, 2, Construction plans must meet all Fire and Building Codes requirements; and, 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 the expansion of a church in an RCR (Residential Conservation Revitalization) District at 1685 Pennsylvania, being Tracts 6 and 7, Plat Q, David Brown League Survey, Beaumont, Jefferson County, Texas, containing 0.453 acres more or less, as shown on Exhibit "A" is hereby granted to Aaron Ward, on behalf of Adrian Hopkins with Christ Mission Temple, their 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; 1. Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs, and/or F.O.G. program, 2. Construction plans must meet all Fire and Building Codes requirements. 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 as Exhibit "B" the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in 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 7th day of March, 2023. - Mayor Robin Mouton jMI a r Met z x Tf � z0 t� InV 0w(9 Z 4 0 B986Y f------- 11J a fi ul M O .P" Mr z W 0. 66 w DLd U CL EXHIBIT "A" PZ2023-40: Request for a Specific Use Permit to allow the expansion of a church In the RCR (Residential Conservation Revitalization) District, pplicant; Aaron Ward for Adrian Hopkins of Christ Mission Temple Location;1685 Pennsylvania Street 0 100 200 1 1 1 Feet Exhibit "B" LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Beira; Tracts b and 7, Plat Q, David Brown League Survey, Beaumont, Jeffersoji Comity, Texas, contahiing 0.453 acres, more or less. FAUST Engineering and Surveying, Inc. Professional Engineers and Professlonal Surveyors Telephone (409) 813-3410 E-MAIL A0DRESS 1N1"0j3FAi9sTruN_q& _M Fax (409) 813-3424 5550 Eastex Freeway, Suite O Beaumont, Texas 77708 surveying Farm No,10002400 Engineering Firm No. F•4800 January 10, 2028 City of Beaumont Planning and Zoning Commission 801 Main Street Beaumont, Texas 77701 To Whom It May Concern: Re: Specific Use Permit Application —1685 Pennsylvania Street, Beaumont, Texas Faust Engineering and Surveying, Inc., Is presenting a Specific Use Permit Application for the property at 1685 Pennsylvania Street, Beaumont, Texas. The site has a building being used as a church and the church wants to add an activity building to the site, The church holds weekly services on Sunday, Monday, and Wednesday. In granting the permit, please note the following: The granting of this request will not be Injurious to the use and enjoyment of other droperties In the area. The property has a structure used for church services. The new activity building will be placed withln the building setback lines and utility easement on the property. Additional parking will not be necessary since the site has sufficient parking spaces, The new structure will not reduce the use of adjacent properties and traffic flow will not be adversely altered by this permit, • The granting of this permit will not Impede the normal development of the surrounding area, The neighborhood is an older area and the addition of this activity center will provide a meeting place for area residents and the church, e The granting of this permit will not require additional supporting facilities. Utilities are available along Pennsylvania Steet, Drainage will be provided by the city of Beaumont facilities. • The existing parking facilities provide far the safe and convenient movement of traffic within the area and will not adversely affect vehicular or pedestrian traffic. • The granting of this permit will notcreate offensive odors, furnes, dust, nolse, or vibration. 23022 specific use permit 1.18-23 Specifle Use Permit ArapflcaElan 1685 Pennsylvania Aventie lanualy 18, Ma ■ Directional lighting will be provided so as not to disturb or adversely affect neighboring Properties, • The landscaping and screening meets the , City of Beaumont zoning Ordinance requirements and will provide sufficient screening to insure harmony and compatibility with the adjacent properties Is The granting of this permit will be in accordance with the Comprohensive plan, If you have, any questlons, I may be reached by telephone at 409-813-343.0. For The Firm, P4�D raad— Richard F. Faust, P.C. Faust Engineering and Surveying, Inc, z..l.�. .............................. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Specific Use Permit Case #: PZ2023-40 Location: 1685 PENNSYLVANIAST, BEAUMONT, 77701 Individuals listed on the record, Applicant Aaron Ward 5550 Eastex Freeway, Suite O Beaumont, TX 77708 Property Owner Adrian Hopkins - Christ Mission Temple 1685 Pennsylvania Street Beaumont, TX 77701 Agent Aaron Ward 5550 Eastex Freeway, Suite O Beaumont, TX 77708 Case Type: Planning and Zoning Case #: PZ2023-40 Case Status: REVIEW Tag Name: SUP to expand a church. Initiated On: 1/25/2023 2:00:58PM Home Phone: 409-813-3410 Work Phone: Cell Phone: 409-813-3410 E-Mail: aaron@fausteng.com Home Phone: 409-832-7501 Work Phone: Cell Phone: E-Mail: Home Phone: 409-813-3410 Work Phone: Cell Phone: 409-813-3410 E-Mail: aaron@fausteng.com Page 1 of 3 Printed On: 2/8/2023 BEAUMONT Planning & Community Development Legal I]oscription 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 PL Q T 6& 7 D BROWN JACD NO. 124303 0.46 Proposed Activity Building The granting of this request will not be injurious to the use and enjoyment of other properties in the area. The property has a structure used for church services. The new activity building will be placed within the building setback lines and utility easement on the property. Additional parking will not be necessary since the site has sufficient parking spaces. The new structure will not reduce the use of adjacent properties and traffic flow will not be adversely altered by this permit, That the establishment of the specific The granting of this permit will not impede the normal development of use will not impede the normal and the surrounding orderly development and improvement area. The neighborhood is an older area and the addition of this Of surrounding vacant property; activity center will provide a meeting place for area residents and the church. 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 sufficlent landscaping and screening to insure harmony and compatibility with adjacent property Case Type: Planning and Zoning Case It: PZ2023-40 The granting of this permit will not require additional supporting facilities. Utilities are available along Pennsylvania Street, Drainage will be provided by the City of Beaumont facilities. The existing parking facilities provide for the safe and convenient movement of traffic within the area and will not adversely affect vehicular or pedestrian t€affio. The granting of this permit will not create offensive odors, fumes, dust, noise, or vibration. Directional lighting will be provided so as not to disturb or adversely affect neighboring properties. The landscaping and screening meets the City of Beaumont Zoning Ordinance requirements and will provide sufficient screening to insure harmony and compatibility with the adjacent properties. Page 2 of 3 Printed On, 2/812023 BEAUMONT Planning & Community Development That the proposed use is in accordance with the Comprehensive Plan Notes: The granting of this permit will be in accordance with the Comprehensive Plan. Case Type: Planning and Zoning Page 3 of 3 Case It: PZ2023-40 Printed On: 2/8/2023 Mauch 7, 2023 Consider approving a request to extend the deadline to allow a Substance Abuse Treatment Facility at 4655 Collier Street, as approved in June of 2018. TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Conul-trnnity Services MEETING DATE: March 7, 2023 REQUESTED ACTION: Council consider a request to extend the deadline to allow a Substance Abuse Treatment Facility at 4655 Collier Street, as approved in June of 2018. BACKGROUND Land Manor, Inc. is requesting an extension for the Specific Use Permit issued in June of 2018, to allow a Substance Abuse Treatment Facility on property located at 4655 Collier Street. The City of Beaumont Zoning Ordinances, Section 28.04.001(g) Specific Use Permits, states, "Extensions of tune for good cause inay be approved liy [lie city council. " In June of 2018, City Council approved ordinance number 18-030 for a Specific Use Permit to allow a Substance Abuse Treatment Facility with the following conditions: 1. Thirty-two (32) off-street parking spaces will be required including two (2) ADA spaces, one being van accessible, ADA compliant access isle and ramps must also be installed. 2. Structure must be brought up to Fire code per occupancy (IFC/City Ordinances). 3. Operator must provide adequate security for this facility. 4. Facility will treat only male adolescents from ages 12-17. The applicant is requesting additional time due to delays caused by the COVID-19 pandemic, lack of finding and staffing resources caused for a shift in priorities. FUNDING Not applicable. RECOMMENDATION The Administration recommends a new deadline of March 7, 2024 with the following conditions: 1. Thirty-two (32) off-street parking spaces will be required including two (2) ADA spaces, one being van accessible, ADA compliant access isle and ramps must also be installed. 2. Structure must be brought up to Fire code per occupancy (lFC/City Ordinances). 3, Operator nnust provide adequate security for this facility. 4. Facility will treat only male adolescents fron- ages 12-17. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A SUSTANCE ABUSE TREATMENT CENTER IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING --HIGHEST DENSITY) DISTRICT LOCATED AT 4655 COLLIER STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on June 26, 2018, the City Council of the City of Beaumont, Texas approved Ordinance No. 15-030 issuing a specific use permit to Land Manor, Inc., to allow a Substance Abuse Treatment Facility in an RM-H (Residential Multiple Family Dwelling -Highest Density) District at 4655 Collier Street; and, WHEREAS, the Substance Abuse Treatment Center was not constructed due to funding and delays caused by the Covid-19 pandemic and staffing resources caused for a shift in priorities; and, WHEREAS, Land Manor, Inc., wishes to amend the amended specific use permit to allow for the Substance Abuse Treatment Facility in an RM-H (Residential Multiple Family Dwelling -Highest Density) District at 4655 Collier Street, being Plat D23, Tracts 118, F. Bigner Replat, Tract 2, Beaumont, Jefferson County, Texas, containing 1.501 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Administration of the City of Beaumont considered the request and is recommending approval to amend the amended specific use permit by extending the deadline to March 7, 2024 to allow the construction of a Substance Abuse Treatment Center in an RM-H (Residential Multiple Family Dwelling -Highest Density) District located at 4655 Collier Drive, subject to the following conditions: 1. Thirty-two (32) off-street parking spaces will be required including two (2) ADA spaces, one being van accessible, ADA compliant access isle and ramps must also be installed; and, 2. Structure must be brought up to Fire Code per occupancy (IFCICity Ordinances); and, 3. Operator must provide adequate security for this facility; and, 4. Facility will treat only male adolescents from ages 12-17; and, WHEREAS, the City Council is of the opinion that the amendment of such amended specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That Ordinance 18-030 be amended by amending the amended specific use permit granted to Land Manor, Inc,, their legal representatives, successors, and assigns for that being Plat D23, Tracts 118, F. Bigner Replat, Tract 2, Beaumont, Jefferson County, Texas, containing 1.501 acres, more or less,, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, by extending the deadline to March 7, 2024 to the construction of a Substance Abuse Treatment Center in an RM-H (Residential Multiple Family Dwelling -Highest Density) District located at 4655 Collier Drive, subject to the following conditions: 1. Thirty-two (32) off-street parking spaces will be required including two (2) ADA spaces, one being van accessible, ADA compliant access isle and ramps must also be installed. 2. Structure must be brought up to Fire Code per occupancy (1FCfCity Ordinances). 3. Operator must provide adequate security for this facility. 4. Facility will treat only male adolescents from ages 12-17. Section 2. Notwithstanding the site plan attached hereto as Exhibit "B," the use of the property herein above described shall be in all other respects, subject to all of the applicable regulations contained in Ordinance 20-007 and the regulations contained in Chapter 30 of the Code of Ordinances of the City of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of March, 2023, - Mayor Robin Mouton T m v ! f qfin": 1 t ! i t- Si 1 ' rP y !• • +i' .A 1 :'41v 1 r. �,�. S e, :r ' . y .c.�l`�'.; !.. r ryik +yIm �+ E / .Y z}. ' , E i., k'.'3�t tl'+++71I �rFf tr9Itlr,..,'1l114s1f�.,1 11:{f;'}rS��t I M1s 1 ,t F ! 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' ' � .if �.: +fr3 �jtSy';3.-i iLrr+S1�,'` �•,� {id_e } a';+' ! u°..`''�1. ,' Y,x. .••a`. a � ilt3lt(�+ 1�..r+l;rlij j+�r`� ttt 211+5' rr' f_ri'i+�. r Icrti §' S�' s l ur"a�1 !a} , a� '° `• ° 1--i } , ;1, I { ti��1 s li 1 S�Ir , s� S -.�+ S�'iti�. 7 nA �It.l o'�'a'."o : !'�/! �♦ a° I', r !. 4 r, :'r 1iEf1 tj.�t � �.-i 1 �'l�.�i r j \•.� � �• �1 I �Y;•r o'e, o- a � o .! o a + 1 , 1 l °��l•��i4S1� . �+� ��� ,S� / - 1 „ y ip�1. 'r' a !ar o tar Ioaa'• + 1�. !'. ' r, 1 lie, e , ! l.. lr1;;� a Zli/��'is i? kf f r.,. ? . ,rPA41 , C�—. —15 kIOA u �� 711!'Ai611!IIT 6)ACICITY ...a.�e- it ............+....�"r<w...w�.,.• _ - EXi-11BIT "B" ORDINANCE NO. 16.030 ENTlnf 1) AN ORDINANCI; GRANTING A SP1-CIFIC USE PERMIT TO ALLOW A RESIDENTIAL SUBSTANCE ABUSE TREATMENT rACILITY IN AN RIA-H (RESIDENTIAL MUI..ITPLE FAMILY DWELLING-HIOHEST DENSITY) DISTRICT AT 4666 COLLIER STREET IN THE CITY OF BE~AUMONT, JEFrC-RSON COUNTY, TEXAS. WFIEwRIEAS, Land Manor, Inc. 1)as applied for a specific use permit to allow a residential substance abuse treatment facility In an ECM-14 (Residontlal Multiple Famliy Dwelling-Highost Density) District at 4665 Collier Street, being Plat D23, Tract 110, F. Signer Replat, Tract 2, Beaumont, Jefferson County, Texas, containing 1,801 acres, more or lass, as shown on Exhibit "A," attached hereto; and, WHFRF� AS, the Planning and Zoning Commisslon of the City of Beaumont considered the roquest and is rouommonding approval of a speciflc use permit to allow a residential substance abuse treatment facility In an RM-H (116oldential Multiplo Family Dwelling-l-lighest Density) 019trlot at 4666 Coillor StrOot, subJeot to the following conditions; ; and, Thirty�two (32) off street parking spacaa will be required Including two (2) ADA spaces, one boing van aceossible, ADA compliant acaasa We and ramps must also bo Installed. Structure must be brought up to Are cool par oocupancy (lPC1City Ordinances) G Opomtor must provide adequate security for this facility a Facility will treat only malo adoloyoents from ageq 12,17 WHERPAS, the City COUn011 is of the epinlon that trio 199unneo of euch cPaglflo use permit to allow a rosidolitial subetanow abtEso treatment facility is in the bast lnto>'eet of the City of Beaumont and Its citizens; NOW,THEREFORE, BE IT ORDAINED i3Y THE CITY COUNCIL. OF THE CITY OF BEAUMONT: THKr the statoments and findings sot out in the proamb(a to this ordinanae are horeby, in all things, approved and adapted', and, Section 1. That a specific: use permit to allow a residential substance abuse treatment facility it) an RM-H (Residential Multiple Family Dwelling-Wighast Density) DIstrict'at 4656 Collier Stroot, being Plat D23, Tract 116, F, Bignor Replat, Tract 2, Beaumont, Jefferson county, Texas, containing 1.601 acres, more or less, as shown on Exhibit "A," is hereby granted to land Manor, lno„ Ito legal reprasentativos, sucaossors and assigns, as shown on Exhibit 13," attached hereto and made a part hereof for all ( purposes, subject to tho following canditions Thirty-two (32) off-street parking spaces will be required Including two (2) ADA spaces, ons bring van accessiblo, ADA compliant arc089 No and rampe mu9t 0190 be Instaliod, Structure must bs brought up to Firs ood per occupancy (IF(;/City Qrdinaneos) Oporator gust provido adequate security for this faolilty Facility will troat only malo addleseattitc from ague 12.17, tea. That tho spet;ifln use permit herein granted Is expressly issued for and in aacsrd alloo with each parlicuial' end detail of tho site play affached hereto as Exhibit "131$ arrd made a part Woof For all purposes, Soollon 3. Notwithstanding the site plan attaahad hereto, the ease of the praparty herein above described shall be In all other respects subject to all of the appilomblo regulations contained In Chapter 20 of the coda of Ordinances of Beaumont, Texas, as amsndod, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The mooting at which this ordinance was approved was In all things conducted In strict compliance with the Texas Open Moetings Act, Texas Government Code, Chapter 661, PASSED BY THE CITY COUNCIL of the City of Beaumont this tho 26th day of June, 2018. " }a t, -4A�' Nw") yor Booky Ames 4 Treatment & Rehabilitation Facilities Sinco 1969 February 22, 2023 Beaumont City Council Planning & Community Development P.O. Box 3827 Beaumont, Texas 77704 lie: 2336-P To whom it may concern, This request is submitted on behalf of Land Manor Inc, for your review to grant an extension for a Specific Use Permit issued In August, 2020. Our pursuit in moving forward with the reopening of the adolescent program has been delayed due to unforeseen circumstances arising from the aftermath of COVID. Lack of funding and staffing resources caused for a shift in priorities. Land Manor has been providing substance abuse treatment In Southeast Texas and the surrounding areas for over 50 years. Our mission Is to provide a safe place to heat individuals struggling with issues of addiction. Currently we have three residential locations throughout Beaumont housing men, women, and women with small children. We know there is a tremendous need for adolescent males In our area which why we sought out to reopen the adolescent program. We are now ready to move forward however, we are past the time limit. Your consideration and approval would be greatly appreciated. Sincerely, Arlene Greene Executive Director cc: Nick Lampson Chairman of Land Manor Board 4655 Collier Road Denumont, Texas 77706 Phone: 409.838-3946 Fax: 409TS38-4290 PUBLIC HEARING • Dangerous Structures 10 March 7, 2023 Consider an ordinance to declare 39 structures to be unsafe structures and order the owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full, or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance. TEXAS TO: City Council FROM: Ketuieth R. Willi rns, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Conu7aunity Services MEETING DATE: March 7, 2023 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance to declare the following 39 structures to be unsafe structures and order the owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without fiirther notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in Rill, or a payment plan shall be established prior to enrolhlient in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance. 1. 1485 Avenue G - structure 2. 1580 Avenue G - structure 3. 5760 Bigner — includes shed 4. 890 Boyd - structure 5. 990 Boyd — includes garage 6. 995 Cottonwood - structure 7. 1455Cottonwood — includes carport & 2 sheds 8. 3330 Dogwood structure 9. 1255 Euclid — includes garage 10, 2332 Evalon - includes carport & stied 11. 2095 Fillmore - structure 12. 2110 Foch - structure 13.7860 F�ox Cv - mobile home & cans er 14. 6630 Frint - includes shed 15. 1355 Fulton - structure 16. 6160 Garner — includes 2 sheds & ara e 17. 1390 Gilbert — garage apartment only .18. 1040 Goliad -- includes garage 19. 1160 Goliad structure 20. 1370 W. Lavaca — includes pool - commercial 21. 1359 Magnolia— commercial 22, 2485 Magnolia - structure 23. 320 Manning - structure 24. 3505 Marie - structure 25. 2550 Milam — includes shed & duplex (2540) 26. 8375 Oak Ridge - structure 27.4795 Park - structure 28. 614 Prince -- includes shed 29.2798 San Jacinto — includes garage 30. 2915 San Jacinto - structure 31, 2455 Southerland - structure 32. 3438 St James — includes shed 33, 4565 Steelton —includes shed 34. 710 Sunnyside - structure 35. 3395 Taliaferro - commercial 36, 4020 Usan - structure 37. 3880 Waco — includes shed 38. 1720 Washington -- garage only 39, 2910 Willard — includes shed BACKGROUND These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaumont's Code of Ordinances, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2015 International Property Maintenance Code. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. FUNDING SOURCE Sources may include General Rinds and Community Development Block Grant (CDBG) funding. RECOMMENDATION Approval of the ordinance. SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: OWNER: 11111,f/ ►i-7,177 law,13 'FAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: 1485 AVENUE G - STRUCTURE CHARLES E JOHNSON 1483 AVENUE G BEAUMONT, TX 77701 Owner enrolled in Pre -Council Work Program? $4,284.91 $37,650.00 NO 10/06/2021 NO DESCRIPTION OF PROPERTY: The structure is unsecure with broken windows and missing doors. The doors are blocked with furniture and wood. The interior is full of mold and has holes in the walls. There is missine and rotten siding that will have to be replaced. The ceiling has collapsed exposing the rotten wood. Parts of the foundation beams are rotten and have severe termitedamage.Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reins ection was completed on 01/04/2023. SEE ATTACHED PHOTOS I ,i ��� ,• ,fin. kto f l�l F°�,• � �, SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 1580 AVENUE G — INCLUDES SHED OWNER: KARINA HUERTA OWNER ADDRESS: 2200 VICTORIA ST BEAUMONT, TX 77701 Market Value: $53,029.00 Fire damaged? NO Property was Red Tagged on: 11/01/2021 Owner enrolled in Pre -Council Work Program? k= DESCRIPTION OF PROPERTY: Owner signed up for a work program on 11/05/2021 and was allowed 150 days to make the repairs. A building permit is the only permit that was pulled and no inspections have been completed. The interior is gutted and the exterior has a lot of rotten wood that needs to be replaced. Most of the window frames will have to be replaced. The fascia boards will need to be replaced they are rotting in several places. The eaves will need to be replaced there is rotting wood and the siding that covered the wood on the eaves is missing in several areas. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reinspection was completed on 11/02/2022. SEE ATTACHED PHOTOS k� - �7 r � f 7's, ! ' ` V ral a 1 i A t t SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 5760 BIGNER -- INCLUDES SHED OWNER: RAUL REYNA-PATLAN & ANA MARIA REYNA GUERRERO OWNER ADDRESS: 910 TEMPLE CIR HITCHCOCK, TX 77563 Market Value: $51,985.00 Fire damaged? YES Property was Red Tagged on: 06/24/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is fire burned. The roof will have to be replaced it is fire burned in one area. There are broken windows with rotten window seals and burned seals. The eaves are rotten and will have to be re laced. There is interior and exterior fire damn e. Based on the extensive repairs needed in this structure staff is r ecommendina a raze order for this structure. The reins ection was completed on 10/28/2022. SEE ATTACHED PHOTOS 3 f i 3f J r�� a SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: 11I1iIR OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 890 BOYD ROY LEE & BERTHA ADAMS 4310 CORLEY AVE BEAUMONT, TX 77707 Owner enrolled in Pre -Council Work Program? $10,771.00 NO 10/01/2021 DESCRIPTION OF PROPERTY: The house is unsecure because half of it is missing. The electricalplumbing, and mechanical will have to be replaced. There is siding that will have to be puton the entire structure once the building is constructed. The window frames are rotten and will need to be reframed Some work was started on the foundation, but it has not been inspected or completed Based on the extensive repairs needed in this structure, staff is recommending araze order for this structure. The reins ection was completed on 01/04/2023. SEE ATTACHED PHOTOS 4 j L•li ' i.4 F y 1 � 11 FJJ 1 ! t •1 •��i t+.F t i 3 �+ l ry r71 .II l J.t •qr , 1 c. 1 � :;��� �` s' <�;n, 1, • � • i tiAD ] f r 1 +• '� M. r< rya j,7j � �$ ' �'� ,�:Il`,•�� rr. 125 rp.f R d 11 i s is t F 2.,ti P •� ;?� r '� F,r•: �yl _ ' �� i � l ry�' �„ � ,tt � + tit j:?I Vi S, i56.+ �[�'iltr�3lyN • �.e .`� - l . .yll it ��� f�( �.: �° r! � ti` ,,'eT�i1�. � �§ � .. _. .% ��j ?!' I _.�. � I .. E �� - '' ,E.: � � �;"]iFS'tii•.s �l� - F f s �: t ` 'w wA c 1N 1 5 \ {lry4 , ��,� l•1Y�� " Wk �r ��. �w{I Tat � �..xc..:...•,•r„�?�� �utll�� �i..� ,�(la,° ,f 1 : 'v. O.Npit 9Aq SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: FIVNI ►VAN OWNER ADDRESS: TAXES OWED: Marlict Value: Fire damaged? Property was Red Tagged on: 990 BOYD — INCLUDES GARAGE RAYMOND STE,LLY JR 990 BOYD ST BEAUMONT, TX 77705 Owner enrolled in Pre -Council Work Program? $ 21,098.7E $40,481.00 1041 08/02/2021 NO DESCRIPTION OF PROPERTY: The structure has 2 bij4 holes on the exterior and the bottom of the structure is missing the bottom level of sidinLy. There are broken windows and the framin is rotten around them. There is severe termite damage to the foundation beams. The house is unsecured because of the broken windows and the holes in the sides. Based on the extensive repairs needed in this structure staff is recommending a raze order. for this structure. The reins pection was completed on 11/02/2022. SEE ATTACHED PHOTOS 5 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BE, AUMONT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: 995 COTTONWOOD - STRUCTURE KENNETH RUBE SR 1201 CALVERT ST LINCOLN, NE 21681 Owner enrolled in Pre -Council Work Program? $24,440.00 NO 11/24/2021 Iffle7 DESCRIPTION OF PROPERTY: The structure is unsecure and the roof is rotting and will need to be replaced. There is rotten wood all around the house including -the window frames. There are broken and boarded windows. The interior of the house has mold. The sheetrock has fallen from the ceiling exposing the rotten wood. Based on the extensive repairs needed in this structure staff is recommendiniz a raze order for this structure. The reins ection was completed on 01/04/2023_. SEE ATTACHED PHOTOS [7 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 1455 COTTONWOOD -- INCLUDES CARPORT & 2 OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: SHEDS JAMES C SMITH LIFE ESTATE 1455 COTTONWOOD BEAUMONT, TX 77703 Owner enrolled in Pre -Council Work Program? $45,189.00 NO 09/29/2021 NO DESCRIPTION OF PROPERTY: The structure has a lot of rotten wood damage that will have to be replaced. The ceilings have holes in them because of the structure being exposed to the weather elements. There is trash throughout the interior and exterior of the structure. There are broken windows that will have to be replaced along with the rotting window frames. Based on the extensive repairs needed in this structure ,staff is recominending a raze order for this structure. The reinspection was completed on 10/28/2022. SEE ATTACHED PHOTOS w lit IVT n - :i4'' e LJ sm SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: 3330 DOGWOOD - STRUCTURE LEROY 14ARRIS JR 6650 LEXINGTON DR APT 34 BEAUMONT, TX 77706 Owner enrolled in Pre -Council Work Program? $138,978.00 YES 10/20/2021 YES DESCRIPTION OF PROPERTY: The owner si ned up for the work proaram and was allowed 150 days to make the repairs. The work proyram ended 03/20/22. An extension until 07/22/22 was granted. The house is fire burned and the framework had been started but no inspections have been done. There was a stop work order issued in the beginning for working without permits. This structure started as a property, maintenance case and then changed to a red tag after the owner did not comply with the court. It caught fire_after the work had begun without permits. No inspections have been made. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 10/27/2022. SEE ATTACHED PHOTOS _ fGl � � �, - 11 �. — t_ _�_ din .-`_'+`_ a_+a� < _ ,r,. ' � !t � �'�'�,+1, � ''r ,•.. xv .AN .fit ,y a v 412 FL ����► �, �� 1 , � ��� � III ,� F'Zil1�' "11 mu• r •- r (ilw� -r: �xT-. F `li 1 f� c mr I i'.I rr •� - . 1 i `€ 1 Ili ����� - � '' •' 1 ,R �� 'r_ �� At. Ir SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 1255 EUCLID - INCLUDES GARAGE OWNER: PALM SPRINGS LAKES PROPERTIES LLC OWNER ADDRESS: 7933 MIRAMAR PARKWAY MIAMI, FL 33023 Market Value: $44,953.00 Fire damaged? NO Property was Red Tagged on: 09/23/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The structure has multiple broken windows that will have to be replaced. The siding needs to be replaced in several areas. The interior has mold growing in it from being exposed to the elements. The front porch and ramp will have to be replaced the wood is rotten. The roof will need to be replaced along with the soffits. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 01/04/2023. SEE ATTACHED PHOTOS 9 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2332 EVALON —INCLUDES CARPORT & SHED OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: JAMES D ELLER JR 2332 EVALON ST BEAUMONT, TX 77702 Owner enrolled in Pre -Council Work Program? $115,405.00 NO 04/12/2021 YES DESCRIPTION OF PROPERTY: The property has been declared a public nuisance. The owner signed up for a work program on 04/19/2021 and was granted 150 days plus a 90-da extension. No workhas been done to the structure. There is rotten wood all over the exterior that must be replaced. The foundation must be leveled and multiple places. There is water damage to the interior on the add on because of being exposed to the elements. The addition will have to be demolished or completely rebuilt. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 10/28/2022. SEE ATTACHED PHOTOS k111] i i .. .i4a tJt ♦ i i �y � k.- � 2nw--m`—•`. ��9� 1 ��� �jt� � t )}'- -L1' .'i..�2'"'i`��* e , E ° Tj pr l+ ,i �s P� R _ 'Ar + , � _. �yhl jt �Y� ..t. �. •�_, Ls �ti}k r, �e7 :,fY;E^; ;� .lyM*�A �.i �, y -�r� �� . f�..�~'�'.. �^�i�ir ��1 V's fs a.co y�i<��(i3fI •'!'a'. L ,`I 1�� .�iho r..TV °4:SV fr r, I ct i {t ��,,� -•�t J ) � �� '• lam' i}F :' �• } t �j_ �/ '�t !Y , � A e �� �`jyiq•/E L r w..iit Y `r,ti *" j p ` '�.&3 ' , `. I� �!i►'1'}'�i d1 I 1 I ti "'�1t1e '����� �'1f NK +�` ��� V ��r � 5rl �f! i J ' f ( l � ��I Q[y �J �{ {: � �� �•. d j r ) � . • �'q64 4-4 TL + 1! r r� r \,`- i I \�I � �G�`C� v,�t`4t �'�iL':�. "`r]b�'{ :�•��',t. `��, �`'��`�'� �, r i � �� � j. � ,R � �44, , .. T9s r-. � f✓'+ - a _' ^ ".s � �a +�1 r � t R�f;� ' � ll�. S y. T mHoYL) 1 Sr NO ly�k e „ qt a SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: 1 1 RM OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 2095 FILLMORE - STRUCTURE VINCENT ZENN 2095 FILLMORE ST BEAUMONT, TX 77703 Owner enrolled in Pre -Council Work Program? $1.4,456.08 $55,988.00 06/24/2021 YES DESCRIPTION OF PROPERTY: The owner signed up for a work program on 04/21/22 and was granted 150 days to make the needed repairs. No permits have been pulled and no inspections have been made. The structure is unsecure. A tree has fallen on the house which has caused the interior to be damaged. The floor, ceiling, and walls are falling and rotting. There are holes in the roof that have caused the interior to be exposed to the elements. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reinspection was completed on 03/17/2022. SEE ATTACHED PHOTOS 11 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DWISION CITY OF BEAUMONT 2110 FOCR - STRUCTURE ROBOCA REAL PROPERTIES LLC 11010 TRI CITY BEACH ROAD BE, CITY, TX 77523 Owner enrolled in Pre -Council Work Program? $58,270.00 1901 10/29/2021 NO DESCRIPTION OF PROPERTY: The structure is unsecure. There are broken windows and rotten window frames that need to be replaced. The ceilin has started to collapse and has mold on it from the rain coming in the roof. The roof has damage and has been covered with blue tars but they have come off. There is rotten sidiniz at the bottom of the structure all the way around. The front porch is rotting and the roof of it is collapsing. Based oil the extensive repairs needed in this structure staff is recommendinIz a raze order for this structure. The reins ection was completed on 11/03/2022. SEE ATTACHED PHOTOS 12 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 7860 FOX CV — MOBILE HOME & CAMPER OWNER: MARIO RUIZ HILDA CHAVEZ OWNER ADDRESS: 7860 FOX COVE BEAUMONT, TX 77713 TAXES OWED: $2,546.19 Market Value: $9,425.00 Fire damaged? NO Property was Red Tagged on: 10/13/2020 Owner enrolled in Pre -Council Work Program? 1_ 01 DESCRIPTION OF PROPERTY: The mobile home is missing the roof and is complete rotten on the interior. The floor is rotten also. The floor is completely missing in the cam er and one wall is missin . Both structures are exposed to the elements. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reinspection was completed on 11102/2022. SEE ATTACHED PHOTOS 13 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: 6630 FRINT — INCLUDES SHED ROBERT STANLEY MODE 2318 7Tu ST PORT NECHES, TX 77651 Owner enrolled in Pre -Council Work Program? $29,063.83 $115,329.00 1► 61 10/12/2021 NO DESCRIPTION OF PROPERTY: The rear portion of the house has collapsed. The structure is unsecure and full of mold trash and debris. There are multiple abandoned vehicles and boats on the propert . The roof is colla sin and has holes in it. All electrical mechanial and plumbing will need to be replaced. Based on the extensive re airs needed in this structure, staff is recommending a raze order for this structure. The reins ection was completed on 03/17/2022. SEE ATTACHED PHOTOS 14 J• �_ ,ti 0, 1� Oki i r tip_ i 1 31 .,' _.. I r Awl SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Tire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 1355 FULTON - STRUCTURE WALTER & CLARISSA LEE 1355 FULTON ST BEAUMONT, TX 77701 Owner enrolled in Pre -Council Work Program? $6,738.00 06/15/2021 WIA DESCRIPTION OF PROPERTY: The structure is unsecure. The structure is gutted on the interior. There is rotten wood on the interior and exterior of the building. There is termite damage on the exterior that will need to be treated and replaced. The floor is rotting an missing boards The plumbing and electrical will have to be replaced. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this stritettire. The reins ection was completed on 11/03/2022. SEE ATTACHED PHOTOS 15 ........... "A "AM In SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 6160 GARNER —INCLUDES 2 SHEDS & GARAGE OWNER: PATRICIA RUTH LEMAIRE ESTATE OWNER ADDRESS: 8500 E. SOUTHERN AVE #562 MESA, AZ 85209 Market Value: $8,942.00 Fire damaged? NO Property was Red Tagged on: 09/27/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is unsecure. The roof is rotten and cavin in. The windows are broken and the window frames are rotten. There are rotten eaves and soffits around the entire structure. The electrical and plumbing will have to be brow lit u to code. There is a lot of rotten wood on the exterior of the house that will have to be replaced. Based on the extensive repairs needed in this structure staff is recommendinLy a raze order for this structure. The reinspection was completed on 10/28/2022. SEE ATTACHED PHOTOS 16 .19 ,= ``I';' / � ; �. � + rya fi{,• %; i{ a ti-, ti FlUl r f � ham• `f �' ;r ! i .�3 . �� `� �f:� t. . y.yf -�t• L - t-.. ;•- F lY�t � � �lC.i Ill •� ' ' - - � '�!' ' r'� - k �'�- /t�s r P� � s i , Ir ��� �f i ��� ,, v I1 ! ` • �� 11.E �l l },h` : lk :{t it VK ��L,J " e 4'f t ffa F. tt Vk !!►►►7!►7►7►pppTTrrrr... { ' 2tj, a ✓�� � � a 5 � ;11 `. 4. SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 1390 GILBERT — GARAGE APARTMENT ONLY OWNER: WADE & OFELIA COOK ESTATE OWNER ADDRESS: 1390 GILBERT ST. BEAUMONT, TX 77701 'FAXES OWED: $2,050.97 Market Value: $35,089.00 Fire damaged? NO Property was Reel Tagged on: 07/15/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: There are broken windows that will have to be replaced. The wood is rotten all around the structure and there are some big holes in the sides of the structure. The bottom of the structure has termite damage and the foundation is failin making the structure lean a little. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 11/02/2022. SEE ATTACHED PHOTOS r 17 F Z;✓i - 3h�, -rr � 1� � 11\� -` � I u'. = I� i„r�G,� [. �q.�� ��y��l�cFk �� i � _� .. � aciiti �+ i I I rr•-` � --t ¢_ fie. � ' ::.�1 I it I NN _ y✓ IR _ v �"�� li rlI 1''• i Ir�11 S _ _�-- IMIL � } II '�I:��, ill I'. � N � �, . � •1 _ 'rs� V,rYIAd Y ..r."� SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 1040 GOLIAD — INCLUDES GARAGE OWNER: LEATONIA WELLS OWNER ADDRESS: 3150 WEST CARDINAL DR APT 137 BEAUMONT, TX 77705 TAXES OWED: $15,787.75 Market Value: $33,950.00 Fire damaged? NO Property was Red Tagged on: 05/26/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The roof has holes in it and there are shingles missing. The eaves are rotten and will have to be replaced. The _ce linLr is collapsing on the interior because of the holes in the roof. The aaraye is collapsing and leaning. The front porch is starting to fall. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reins ection was completed on 11102/2022. SEE ATTACHED PHOTOS W. au'�., pr •� t NO/. AA 70" i AN 'A Ar kilt tj SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: ���� OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 1160 GOLIAD - STRUCTURE EZRA A MURRY ESTATE 1160 GOLIAD BEAUMONT, TX 77701 Owner enrolled in Pre -Council Work Program? $10,15().85 $20.933.00 IM 05/26/2021 NO DESCRIPTION OF PROPERTY: The entire roof is sagging and there is a big hole in the left corner from a tree falling on it. The weight of the tree has caused the corner of the house to start collapsing and allowing the structural wall to bulge outward. The foundation will need to be repaired. The structure is unsecure. The interior has been exposed to the elements causing mold and water damage. The floor is rotten and will need to be replaced. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reinspection was completed o_n_1.1102/2022. SEE ATTACHED PHOTOS 19 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 1370 W LAVACA — INCLUDES POOL COMMERCIAL OWNER: MERVIN DOUGLAS OWNER ADDRESS: 4110 CONGRESS ST BEAUMONT, TX 77705 TAXES OWED: $2,037.26 Market Value: $4,430.00 Fire damaged? NO Property was Red Tagged on: 11/23/2021 Owner enrolled in Pre -Council Work Program? YES DESCRIPTION OF PROPERTY: The owner signed up on a work prol4ram 12/14/2021 and was eiven 150 days to make the repairs. The owner was told at that time to get the fence put back tip around the pool, it still has not been put up. The structure is falling apart from rotten wood and the roof is missing on at least Half of the structure. The interior has been exposed to all the elements. No permits have been mulled and no inspections have been done. There are tires and tanks on the property that will need to be removed. Based on the extensive repairs needed in this structure, staff is recommending araze .order for this structure. The reins ection was completed on 01/04/2023. SEE ATTACHED PHOTOS 20 � a F .y ',,. ng(R r% I MA xw 14 WA A 1 r� ?'s- r� ���' �y �� y 'l' � ai •' t f a cP1+V �{r .. r �"'^ -r-G� ' ?N' .r i . �t �P 1� K r �� �a 'B �;�' �� �/� f A rx} � � r � ,• o*w -.� � �' >.� .rt' i cya ,z- '� _ . � �,6 d �s it �1�� �l r." � r . ram• -•.7.iy.,�" � ��ti�r �'}�yk � '. j!I tip 4 � -�>r F ..,;'�'' •-. \ \' - "- 'y '. is ,fie -t r •''�' „>., �F�7�. _ r >J . '. ' xs l ✓ ry , x� , y is ; •' �l y rr - ,sf s,:•. ": II 4 1 •, ��� ei r�' �• fit; �� .' ��„1" �� r ^Me JS �CM%;. t �' x ( a 1t r � �( hN 00.1 '.{{�d �� y{ -1 ,✓ ct{ �S p': ?r .. }��}jl Ilk- o d ' i '� r } '"�, 1. • P i 1 't -+j, � SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED, Market Value: Fire damaged? Property was Red Tagged on: 1359 MAGNOLIA — COMMERCIAL PATRICIA STITTEM 415 COUNTY ROAD 4175 WOODVILLE, TX 75979 Owner enrolled in Pre -Council Work Program? $7,840.00 NO 09/08/2021 last DESCRIPTION OF PROPERTY: The structure is unsecure and unsafe. The siding is missiny, in so many places that the interior is completely exposed on one side. There is rotten wood on the frame that will need to be replaced to support the remainder of the building. The roof is collapsed in the rear and will have to be replaced. The exterior walls are starting to collapse, Based on the extensive repairs needed in this structure staff is recommendinga raze order for this structure. The reinspection was completed on _10/27/2022. SEE ATTACHED PHOTOS 21 a airy �i .�':.WOO 1 IW� itutt ^.:� i+ 1 S. 1 .:l' rrc{ rr^� �.,W r•!. '+'� .r;itk�4�0115 11k111� J t- � � bl � ; i .( 1 1-'A '�f �„�✓�i,a1ia 4}115t1 1Ow kON .EMO- r�'rC�c�+;';i U75, r P�„IIj[i�ld� s f" Y• M ' y a � n r IP ¢ � � } C \ ` �`��� �e 5 ! 1. •1 - �_. l.c-. i�.iJ i '"r - i � ♦ .{!�" qT'^C� i' '� 6 '.g" . -,rr �ry4 - M �w { k yV_- i sd i yT SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 2485 MAGNOLIA - STRUCTURE JAMES R CALLAS 5375 ROSEMARY DR BEAUMONT, TX 77708 Owner enrolled in Pre -Council Work Program? $29,805.00 NO 11/16/2021 YES DESCRIPTION Or PROPERTY: The owner signed up on the work program 02/17/2022 and was allowed 150 days to make the repairs. The owner pulled a permit stating 60% of the architectural shingles have been replaced and they will be starting on the interior after that. The structure has a lot of rotten wood on the soffits, eaves, and porch. There is_sidin that is separating from the structure. The front porch floor wood is rotting and will need to be replaced. The porch rafters are rotten causing the roof to sag in the middle. The electrical, mechanical, and plumbing will need to be replaced. Based oil the extensive repairs needed in this structure, staff is recommending a raze order for this structure.The reinspection was completed on 10/27/2022. SEE ATTACHED PHOTOS 22 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: AIAIJIVAM OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 320 MANNING - STRUCTURE MARY E. SCOTT ESTATE 320 MANNING BEAUMONT, TX 77703 Owner enrolled in Pre -Council Work Program? $19,443.00 NO 06/10/2021 NO DESCRIPTION OF PROPERTY: The structure is missing most of the exterior walls. There are no windows and the interior is gutted. The subfloors are rotten and will have to be replaced. All mechanical, electrical, and plumbing will have to be replaced. The roof also needs to be replaced. The studs are rotten and the entire structure has been exposed to all of the weather elements. Based on the extensive repairs needed in this structure, _staff is recommending a raze order for this structure. The reins ection was completed on 10/27/2022. SEE ATTACHED PHOTOS 23 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 3505 MARIE - STRUCTURE JOSEPH CEASAR ET AL 3985 SARAH ST 41425 BEAUMONT, TX 77705 Owner enrolled in Pre -Council Work Program? $3,639.38 $26,607.00 1011 07/01/2021 NO DESCRIPTION OF PROPERTY: The structure has a lot of rotten wood under the sidiu The siding has fallen off in many places and will have to be replaced. The studs will have to be replaced they are rotten and termite eaten. There are broken windows and the frames are rotten they will need to be replaced. The front door is broken and will not close malun the structure unsecure. The interior also has a lot of damaac that will _have _to be repaired. Based on the extensive repairs needed in this structure staff is recommendin1l a raze order for this structure. The reins ection was completed on 11/02/2022. SEE ATTACHED PHOTOS W,I � F11 Al WE vA .� •�3 �(1T'� ��i�A it t f' I ' .'1 f l3 � i a +`1 ��;, i�l t f 1 sl , , � • _ O�' i�• 1` .� u 3 1 I t5 - Ir WN I �Mjl 301-11 14 i � ) � �� - s' l �.+� �! '" •r++--�•r.�--'^mom:, � 7 � ,�' ! 1 1 `�r� tJi I��•{ ` � � :.-;r',, � � , ''six' �,� �' �"�' S.'yY ''4�t :'� � � �`���Yi���i� y �'� � �tt.• 7,2 1��'y�^v `I� 1�' °',� ,_ 1\\\, •k; .>sl I �� 's 1`.�-�u'� I1' 1 ��' •�.r+',���rti ski �� k„_ s' � 1 }:�' � ,:&^ � -� y y �� ,°'� --tjk �17-7J a5+�1t�� i '}:• — � ,f-�1�Ey1 �t SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2550 MILAM — INCLUDES SHED & DUPLEX 2540 OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: MILAM ON REAR OF LOT CMP3 ENTERPRISES LLC P.O. BOX 12313 BEAUMONT, TX 77726 Owner enrolled in Pre -Council Work Program? $31,806.00 NO 09/20/2021 NO DESCRIPTION OF PROPERTY: Both structures are falling apart. There is rotten wood on both structures that will have to be replaced. The siding is falling off both structures. There are many broken windows and some that are boarded. There is trash and debris inside and outside of the structure. The duplex is unsecure and is missing siding in multi le places. The ceiling has collapsed inside from being exposed to the elements.The roof and electrical will need to be replaced on both structures. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 11/03/2022. SEE ATTACHED PHOTOS 25 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: � A& OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 8375 OAK RIDGE - STRUCTURE SANDRA MALONE 3622 IRONWOOD DR KOUNTZE, TX 77625 Owner enrolled in Pre -Council Work Program? $15,193.00 NO 06/I6/2021. NO DESCRIPTION OF PROPERTY: The structure is unsecure and exposed to all the elements. The interior is gutted and will have to be_completely redone. The studs will need to be replaced, alonI4 with the insulation and all sheetrock. The structure is full of trash and buildina materials that have fallen onto the floor. The floors are rotten and the sidinK is as well. Based on the extensive re airs needed'in this structure staff is recommending a raze order for this structure. The reinspection was completed on 10/28/2022. SEE ATTACHED PHOTOS 26 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY Or BEAUMONT ADDRESS OF STRUCTURE: 4795 PARK - STRUCTURE OWNER: CHARLIE JACKSON & DAMETRIA SIMPSON OWNER ADDRESS: P.O. BOX 41702 BEAUMONT, TX 77725-1702 'TAXES OWED: $5,832.64 Market Value: $38,421.00 Fire damaged? YES Property was Red Tagged on: 08/02/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is fire burned. The structure has a hole in the side of it because the siding has come off exposing the interior. There are multiple broken windows and the frames are rotten. The aaraize doors have fallen off partially and will have to be replaced. The interior electrical, mechanical, and plumbinLy will all have to be replaced. The structural members are failing and will need to be replaced. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 11/02/2022. SEE ATTACHED PHOTOS 27 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 614 PRINCE -- INCLUDES SHED OWNER: CINTHYA CAROLINE MATUT SCAFE OWNER ADDRESS: 3810 BALDWIN DR BEAUMONT, TX 77703 TAXES OWED: $2,983.17 Market Value: $25,180.00 Fire damaged? NO Property was Red Tagged on: 06/24/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is unsecure and the interior is has vines growing inside. The floor is rotten and has holes in it. The sheetrock is missing in man laces and the rotten studs are exposed. The ceiling has collapsed inside and the rafters are rotten which will need to be replaced. The exterior has broken windows and the frames will need to be replaced. The electrical mechanical and plumbing will all have to be replaced.. The interior has been exposed to the elements which has caused a lot of damage._ The exterior walls are separating from each other. Based on the extensive repairs needed in this structurc, staff is recommending a raze order for this structure. The reinspection was completed on 10/27/2022. SEE ATTACHED PHOTOS No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2798 SAN JACINTO — INCLUDES GARAGE OWNER: SIDNEY WHITE JR OWNER ADDRESS: 2890 WESTMORE LAND BE'AUMONT, TX 77705 TAXES OWED: $18,403.01 Market Value: $46,837.00 Fire damaged? NO Property was Red Tagged on: 05/26/2021 Owner enrolled in Pre -Council Work Program? DESCRIPTION OF PROPERTY: There is siding missing in several places and has exposed wood that is rotten. Some of the windows are broken and the window frames are rotten and will need to be replaced. The soffits are rotten in many places and are completely one in other places. There was a blue tarp on the roof, but it has been torn off by the weather. The garage door is broken and leaning to the left of the structure. It is fall of trash and debris. One of the walls has separated from the structure. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 11/02/2022. SEE ATTACHED PHOTOS M how 44 �it � 101 yJ. 1 . _ -f�� • Asa r• � ;, r �' tip. •'�� �', 1',', n S -WON OM, ON At -all o 4 IISI rr •ii �1 ''.• y _ �I'I I}' ..... 2�' ' -( � .-, ''�,� '.. r' �� ' r �, i E, , 4 f j, ,i' � M ril`� ij y r aAk 'A If 1 •, � I, � 'l - "ol r A ... r �, SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: 2915 SAN JACINTO - STRUCTURE EVA G. PARE DEZ ESTATE 2080 MONICA DR BEAUMONT, TX 77707 Owner enrolled in Pre -Council Work Program? $12,437.67 $40,677.00 YES 06/24/2021 NO DESCRIPTION OF PROPERTY: The structure is completely fire burned on the interior•. A structural engineer will be required to repair the house. All electrical,mechanical, and plumbing will have to be replaced. The studs and rafters will have to replaced. Based on the extensive repairs needed in this structure, staff is recommending a raze_ order for this structure. The reins ection was completed on 11/02/2022. SEE ATTACHED PHOTOS 30 v } � 1 lj E t, r q t' 1 II55 ��ee, a` �6fRlil.r h �Ljr 'jtiA, r�•h.� { � 1' ri Off t. TV �7 } y y SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITE' OF BEAUMONT 2455SOUTHERLAND-STRUCTURE MONICA DIXON 2455 SOUTHERLAND ST BEAUMONT, TX 77705 Owner enrolled in Pre -Council Work Program? $43,398.00 NO 06/10/2021 NO DESCRIPTION OF PROPERTY: The structure has broken windows that will need to be replaced. The soffits are rotten and failing off the house. The interior looks like new studs and electrical have been put in but there are no permits for any work -being done. The structure loops the same on the interior as it did the day it was red tagged. There is still_ a lot of rotten wood on the interior that will have to be replaced. All trades will have to be replaced. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 11/02/2022. SEE ATTACHED PHOTOS 31 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 3438 ST JAMES -- INCLUDES SHED EDNA LANDRY ESTATE % EULA MAE ROBERTS 3123 ELINOR ST BEAUMONT, TX 77705 Owner enrolled in Pre -Council Work Program? $12,940.00 11/21/2021 NO DESCRIPTION OF PROPERTY: The door frames are completely rotten and will need to be replaced. The owner called 11/09/2021 and asked the us to red tag the house because she wanted it demolished. The roof has rotten wood and a hole in it at the peak of the cave. The foundation seems to be shifting because the windows are shifted. The stairs no lon er line up with the door and the side of the structure shows the siding is bent at the bottom from sitting on the lZround. Based on the extensive repairs needed in this structure staff is recommendinlZ a raze order for this structure. The reinspection was completed on 11/03/2022. SEE ATTACHED PHOTOS 32 TIN i+�lA a, r•..-. ; • � � �.��..Si� I ai I 1 ' S rlv� • Y +i� r'' rYi° �.: '} r . ovw Me Rl jI I t. • � i i s 4 o ; r MEMO. 5 ' Ed, MEN �' - :- I �' F� it '� % � ��•� I ! j 3 ,. I Uil1 � d� ate.. >,`-` ..�' .�:• .�. ,�'�i.•" SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS Or STRUCTURE: 4565 STEELTON — INCLUDES SHED OWNER: LOIS A HARDY BARBARA .I ABSHIER ESTATE OWNER ADDRESS: 4565 STEELTON BEAUMONT, TX 77703 TAXES OWED: $17,429.37 Market Value: $55,584.00 Fire damaged? NO Property was Red Tagged on: 06/09/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The soffits are rotten and will need to be replaced. There is sidinff, falling off that will need to be replaced. There is mold inside the structure and exposed rotten wood in the ceiling. There are open windows which make the structure unsecure. There are leaks in the roof that have caused the ceiling to collapse onto the floor. There also appears to be a water leak on one exterior wall that has caused the interior of that wall to, buckle inward. Based on the extensive_ repairs_ needed in this structure, staff is recommending- a raze order for this structure. The reinspection was completed on 10/27/2022. SEE ATTACHED PHOTOS 33 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED - Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY Or BEAUMONT 710 SUNNYSIDE - STRUCTURE KYLE MACK CURLEY JR 9340 FARDNER ST BEAUMONT, TX 77707 Owner enrolled in Pre -Council Work Program? i $61,961.00 hC7 05/13/2021 NO DESCRIPTION OF PROPERTY: A tree has fallen on the back of the house causing it to collapse partially. There are holes in the roof that have allowed water damalle to the interior. The ceiling has fallen because of the water damage showing the rotten wood in the attic. There is zuold growing throughout the structure. The soffits are rotten and will need to be replaced. The structure is unsecure because the doors are broken. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reinspection was completed on 11/03/2.022. SEE ATTACHED PHOTOS 34 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 3395 TALIAFERRO - COMMERCIAL OWNER: GOD ANOINTED HOUSE OF PRAYER PRAISE & DELIVERANCE TABERNACLE' OWNER ADDRESS: 3395 TALIAFERRO ST BEAUMONT, TX 77703 Market Value: $11,019.00 Fire damaged? NO Property was Red Tagged on: 05/24/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The structure has a lot of rotten wood on the exterior and interior. The foundation is failing and the floor has started to collapse. There is missin siding that will have to be replaced. The structure is unsecure_th_e doors are standing wide open. There are holes in the roof exposing the structure to the elements. The back half of the structure is starting to separate frown the front half. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reins ection was completed on 10/27/2022, SEE ATTACHED PHOTOS 35 ju SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: 4020 USAN - STRUCTURE RE, GINALD GRANGER 12515 SORSBY WAY HOUSTON, TX 77047 Owner enrolled in Pre -Council Work Program? $30,706.00 NO 09/07/2021 NO DESCRIPTION OF PROPERTY: The structure is missing siding on the majority of the bottom half of the house which has exposed the frame and it has termite damage that will need to be replaced. The window aprons are rotten and will have to be replaced. There are holes in the roof and the roof is sagging in multiple places. There are multiple broken windows. Based on the extensive repairs needed in this structure staff is recommendin a raze order for this structure. The reins ection was completed on 11/02/2022. SEE ATTACHED PHOTOS 36 v n. f r+ A ";4 1 I • � 1y` k6l; �.r fry _ �'�" , ;• �f . 3 s ;r!'.r r� r�. � 11 ti f a•'i� �r i�J'r., �1" � Y.I y ,,, � �; 1 APP9 �C� k � ` Irk ' •i � . ,,yr � 1 pv/, '.�.. � � �, I 1,+I 1�a � � r r �N•.•s�. , ; r M � �>> ,,I { � � ;1, �_q-. ��[� _�#1 �. - � Ir rf I 7t �{i �f? .v �L['y��j'! .t •1r 1, � '^�t�k J �f�� �', i'ry ".�y 5� � I� / ir�r?^�. Ns 1 y .,.-.. _ a�i • �II��l-tt .�r� •_F 1 � _i ,�k'."yd+y'� 4��` �� 'IS- �y�r.. y7��1 �� 1 �' ail t � � 'I ��7. 'r •'� r - Z:k — -- WV {2 iNIIV to rA e� ' a .� � a ?i - •,� Lip- j r SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 3880 WACO — INCLUDES SHED OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: ROYAL JACQUO % GILDA JACQUO 3880 WACO ST. BEAUMONT, TX 77705 Owner enrolled in Pre -Council Work Program? $5,105.23 $48,627.00 09/13/2021 NO DESCRIPTION OF PROPERTY: The structure is fire burned. The entire interior will have to be redone. All studs, headers, and rafters are alligatored and will have to be replaced. There are broken windows and the doors are burned -leaving the structure complete unsecured. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reinspection was completed on 11/0212022. SEE ATTACHED PHOTOS 37 0 � ':.J � 'S.;.�,;` \ Y"•mot 5-6`•"�- J WIN t,� � ,,: � ��� ��,���' (I �.-• «.I ��,ly,,�,'� { • �P v �- t��l �' ��� �.� ��>� fir, � �-� '�� lY a n ' 01 F a. 0.1 �' � r e• _ _ � y ., r S ,� � 1R�1�1 _., . .. ;...v...r '-�1,..—�y1. �a[ . M ra+� � �p� i � � � '� i}��� T' � � �): � f��-' •_ •' 1 • i, i Diu r i 1a c c7 �d A SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CI'TY OF BEAUMONT ADDRESS OF STRUCTURE: 1720 WASHINGTON — GARAGE ONLY OWNER: ENOS A. WILLIAMS OR ALICIA G. WILLIAMS OWNER ADDRESS: 1.720 WASHINGTON BLVD. BEAUMONT, TX 77705 Market Value: $69,515.00 Fire damaged? NO Property was Red Tagged on: 07/12/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The owner wants the structure demolished. The wood is falling off and rotten. The front is starting to cave inward. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reinspection was completed on 11/02/2022. SEE ATTACHED PHOTOS Wv No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: 2910 WILLARD -- INCLUDES SHED JOSEPH BODWIN ESTATE 2910 WILLARD ST. BEAUMONT, TX 77703 Owner enrolled in Pre -Council Work Program? $42,940.00 NO 09/23/2021 NO DESCRIPTION OF PROPERTY: The structure is unsecure. All windows are completely broken. The interior is destroyed from people going in and out. The eaves are rotting and will need to be replaced. There is trash and debris throughout the structure and on the is property. „pairs needed in this structure, staff exterior o the ro erty Based on the extensive re recommendin a raze order for this structure. The reins ection was completed on 10/27/2022. SEE ATTACHED PHOTOS 39 -9- �7s✓:l � h �� •ia Y 1 1 ,1 I, { x l , H I a 1 1 kr � 3 1 g Ca IR r E 'si`�vv vv lo a iI 'i ORDINANCE NO. ENTITLED AN ORDINANCE FINDING THIRTY-NINE (39) STRUCTURES TO BE UNSAFE AND ORDER THE OWNERS TO RAZE THE SAID STRUCTURES WITHIN 10 DAYS, OR THE PROPERTIES WILL BE DEMOLISHED WITHOUT FURTHER NOTIFICATION. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 1485 Avenue G - structure 2. 1580 Avenue G- structure 3. 6760 Bigner- includes shed 4. 890 Boyd- structure 5, 990 Boyd - includes garage 6. 995 Cottonwood - structure 7. 1455 Cottonwood - includes carport & 2 sheds 8. 3330 Dogwood structure 9. 1255 Euclid - includes garage 10. 2332 Evalon - includes carport & shed 11. 2095 Filmore - structure 12, 2110 Foch - structure 13. 7860 Fox CV - mobile hone & camper 14. 6630 Flint- includes shed 16. 1366 Fulton- structure 16. 6160 Garner- includes 2 sheds & ara e 17. 1390 Gilbert- garage apartment only 18. 1040 Gollad - includes garage 19. 1160 Goliad - structure 20. 1370 W. Lavaca - includes pool - commercial 21. 1359 Magnolia - commercial 22. 2485 Magnolia - structure 21 320 Manning - structure 24. 3505 Marie - structure 25. 2550 Milam includes shed & duplex (2a40) 26. 8375 Oak Ridge --- structure 27. 4795 Park- structure 28. 614 Prince - structure 29. 2798 San Jacinto - included garage 30. 2915 San Jacinto - structure 31. 2455 Southerland structure 32. 3438 St James -- includes shed 33. 4565 Steelton- includes shed 34. 710 Sunnyside- structure 35, 3395 Taliaferro- commercial 36. 4020 Us -an - structure 37. 3880 Waco - includes shed 38. 1-120 Washington - garage only 39. 2910 Willard - includes shed to be unsafe structures in that said buildings violate Chapter 24, Article 24.04, Section 14.04.001 of the 2015 international Property Maintenance Code, and additionally these structures have deteriorated to a condition that they are no longer considered suitable for repair. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the above -described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That any person who vioiates 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, ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. 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 7th day of March, 2023. - Mayor Robin Mouton - PUBLIC HEARING: March 7, 2023 Unsafe Substandard Structures Consider approval of an ordinance declaring certain structures to be unsafe substandard structures and ordering their removal within 10 days or authorizing the property owner to enroll the unsafe structure in a work program. 1. 1485 AVENUE G -- STRUCTURE 2. 1580 AVENUE G - STRUCTURE 3. 5760 BIGNER - INCLUDES SHED 4. 890 BOYD - STRUCTURE 5. 990 BOYD - INCLUDES GARAGE 6. 995 COTTONWOOD - STRUCTURE 7. 1455 COTTONWOOD - INCLUDES CARPORT & 2 SHEDS 8. 3330 DOGWOOD - STRUCTURE 9. 1255 EUCLID - INCLUDES GARAGE 10. 2332 EVALON - INCLUDES CARPORT & SHED It. 2095 FILLMORE - STRUCTURE 12. 2110 FOCH - STRUCTURE 13. 7860 FOX CV - MOBILE HOME & CAMPER 14. 6630 FRINT-INCLUDES SHED 15, 1355 FULTON -- STRUCTURE 16. 6160 GARNER - INCLUDES 2 S14ED & GARAGE 17, 1390 GILBERT --- GARAGE APARTMENT ONLY 18. 1040 GOLIAD - INCLUDES GARAGE 19. 1160 GOLIAD STRUCTURE 20. 1370 W LAVACA -- INCLUDES POOL -- COMMERCIAL 21. 1359 MAGNOLIA - COMMERCIAL 22. 2485 MAGNOLIA -STRUCTURE 23. 320 MANNING --- STRUCTURE 24, 3505 MARIE --- STRUCTURE 25, 2550 MILAM - INCLUDES SHED & DUPLEX (2540) 26. 8375 OAK RIDGE - STRUCTURE 27. 4795 PARK - STRUCTURE 28. 614 PRINCE - INCLUDES SHED 29. 2798 SAN JACINTO - INCLUDES GARAGE 30. 2915 SAN JACINTO - STRUCTURE 31. 2455 SOUI'HERLAND - STRUCTURE 32. 3438 ST .TAMES - INCLUDES SHED 31 4565 STEELTON -INCLUDES SHED 34. 710 SUNNYSIDE - STRUCTURE 35. 3395 TALIAFERRO -- COMMERCIAL, 36, 4020 USAN - STRUCTURE 37. 3880 WACO -INCLUDES SHED 38, 1720 WASHINGTON - GARAGE ONLY 39. 2910 WILLARD -- INCLUDES SHED it March 7, 2023 Consider rejecting a proposal for the lease or purchase and redevelopment of the property located at 555 Main Street. TEXAS TO: City Council FROM: Kenneth R, Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 7, 2023 REQUESTED ACTION: Council consider a resolution rejecting a proposal for the lease or purchase and redevelopment of the property located at 555 Main Street. BACKGROUND The building and property located at 555 Main Street in downtown Beaumont was purchased by the City on July 21, 2021 in the amount of $2,785,000 with the intent of developing the Downtown Riverfiont area. Staff was requested by Council to solicit proposals for the lease or purchase of the building and property for redevelopment. Nine developers were notified and the project was advertised in various outlets. One proposal was submitted by SELEME LLC of Plano, Texas to develop apartments, a restaurant, bar, and fitness center, Staff recommends rejection of the proposal based on the following reasons: The proposed purchase price of $827,000 is less than half of the City's purchase price of the property. Proposers did not meet main requirements of the Request for Proposal which included providing a Level of Investment, a detailed budget, a construction budget, and proof of financial viability and capacity. Proposers financing for the project is partially contingent upon unnamed and unsecured public grants and other City -related participation. Proposers four year timeline to complete the project did not meet the City's required maximum timeframe of three years. Page 2 Agenda Item 555 Main Street FUNDING SOURCE None. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, nine (9) developers were notified and the project was advertised in various outlets for the building and property located at 555 Main Street; and, WHEREAS, one (1) proposal was submitted by SELEME LLC of Plano, Texas to develop apartments, a restaurant, bar, and fitness center; and, WHEREAS, Staff recommends rejection of the proposal based on the following reasons: 1. Proposed purchase price is less than half of the City's purchase price of the property; and, 2, Proposers did not meet main requirements of the Request of Proposal which included providing a Level of Investment, a detailed budget, a construction budget and proof of financial viability and capacity; and, 3. Proposers financing for the project is partially contingent upon unnamed and unsecured public grants and other City related participation; and, 4. Proposers four (4) year timeline to complete the project did not meet the City's required maximum timeframe of three (3) years; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and is hereby authorized to reject the proposal for the lease or purchase and redevelopment of the properly located at 555 Main Street. 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 7th day of March, 2023. Mayor Robin Mouton