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HomeMy WebLinkAbout07/11/2023 PACKET REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JULY 11, 2023 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Presentation by Betty Russo, Regional Representative for the Gulf Coast/East Texas Region, with the Office of Texas Economic Development & Tourism RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Persons may speak on the Consent Agenda/Regular Agenda Items 6, 7 and 8 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. Council consider approval of the June 27, 2023, City Council Meeting Minutes. B. Council consider a resolution authorizing the acceptance of a Temporary Working Space Agreement with TransCanada Keystone Pipeline, LP. C.Council consider a resolution accepting payment in the amount of $540.00 for the principal of a litter lien and the lien assessment fee for lien filed on August 10, 2020 on property legally described as Forrest L39 B8 (3494 Magnolia Ave.), waiving interest in the amount of $141.09. D. Recommend approval of Agreement with UT Health Science Center of Houston. E. Approval of artificial grass donation for Sprott Park practice football field from Artificial Grass Recyclers Corporation, a California Corporation, with its principle place of business at 4205 Rio Nedo Road, Temecula, CA 92590. F.Council consider the appointment of Ronald Kelley to the Historic Landmark Commission. (Mayor Pro Tem Chris Durio) G.Council consider removing Roy West from the Beaumont Convention and Tourism Advisory Committee H.Council consider a resolution approving a contract to Vortex Companies for the Inspection, Cleaning, and Survey of the steel arch storm sewer on Lucas Street and a 102” storm sewer outfall line in the Port of Beaumont. REGULAR AGENDA 1. Council consider a request for an abandonment of portions of South, Archie, and Holmes Streets 2.Council consider a request for a Rezoning from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) or a more restrictive district for property located north of 2360 S. Major Drive. 3.Council consider a request for a Specific Use Permit to allow a gaming facility in the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 39 N. 11th Street, Suite B. 4.Council consider a request for a Specific Use Permit to allow a duplex in an RS (Residential Single Family Dwelling) District for property located at 10720 Sherwood Drive. 5.Council consider a request for a Rezoning from GC-MD (General Commercial- Multiple Family Dwelling) to C-M (Commercial-Manufacturing) or a more restrictive district for property located at 5190 Forsythe Street. 6.Council consider a resolution approving a contract to Vortex Companies for the repair of the 5-ft by 7-ft oval-shape storm line on Long Avenue. 7. Approval of the purchase and installation of Playground equipment for Babe Zaharias Park from Kraftman Commerical Playgrounds & Water Parks of Spring, TX and the purchase and installation of Playground equipment for Combest Park from GameTime c/o Cunningham Recreation of Charlotte, NC. 8.Council consider a resolution authorizing the City Manager to enter into an agreement with Garfield Public/Private LLC to conduct a market study, perform planning and design services, determine estimated costs and develop a business and financing plan related to the possible development of a hotel on property owned by the City. PUBLIC COMMENT - MISC COUNCIL COMMENTS EXECUTIVE SESSION ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at (409) 880-3777. A TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Tina Broussard, City Clerk MEETING DATE:July 11, 2023 REQUESTED ACTION:Council consider approval of the June 27, 2023, City Council Meeting Minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION None ATTACHMENTS None MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner Jr., At-Large ROY WEST, MAYOR Randy Feldschau, At-Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward IIIJune 27, 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 June 27, 2023, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-4 Mayor West called the council meeting to order at 1:30 p.m. Reverend Willie F. Williams, Jr., with Starlight Missionary Baptist Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Durio, Councilmembers Getz, Turner, Feldschau, Samuel (arrived at 1:38 p.m.) and Neild. Also, present were Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition Presentation – Service award for 40 years of service for Fire Chief Earl White Public Comment: Persons may speak on the Consent Agenda None CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A.Approval of the June 13, 2023, City Council meeting minutes. B.Council consider a resolution approving an annual maintenance agreement from ESO Solutions, Inc., of Dallas, TX for $52,028.23 that is utilized by Central Collections, Fire and EMS – Resolution 23-164 Minutes – June 27, 2023 C.Council consider a resolution approving a contract to supply asphaltic concrete for use by the Public Works Department – Resolution 23-165 D.Council consider a resolution authorizing the City Manager or his designee to receive funding in an amount up to $40,000 through the Department of Homeland Security Grant Program (HSGP) – Resolution 23-166 E.Council consider a resolution authorizing the City Manager or his designee to receive funding in an amount up to $23,400 through the Department of Homeland Security Grant Program (HSGP) – Resolution 23-167 F.Council consider a resolution rejecting proposals for Phase I Interior Exhibits at Tyrrell Park Nature Center – Resolution 23-168 G.Council consider a resolution authorizing the acceptance of a ten foot (10’) wide Exclusive Water Line Easement – Resolution 23-169 J.Council consider the appointment of Camille Briggs to the Convention and Tourism Advisory Board – Resolution 23-172 K.Council consider the appointment of Brian Nepveaux to the Police Department Community Advisory Committee – Resolution 23-173 Councilmember Getz moved to approve the Consent Agenda excluding Items H & I. Mayor Pro Tem Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED H.Approval of the purchase and installation of Playground equipment for Charlton Pollard Park and Babe Zaharias Park from Kraftsman Commercial Playgrounds and Water Parks of Spring, TX – Resolution 23-170 Councilmember Getz moved to approve Item H on the Consent Agenda for playground equipment for Charlton Pollard Park and not approve playground equipment at Babe Zaharias Park, he requested the funds be allocated for a shelter at Rogers Park. Councilmember Neild seconded the motion. After further discussion Councilmember Getz amended his motion to approve the playground equipment for Charlton Pollard Park. Councilmember Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE Minutes – June 27, 2023 Councilmember Getz moved to table approving playground equipment for Babe Zaharias Park for two weeks on Item H on the Consent Agenda. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE I.Approval of the purchase and installation of Playground equipment for Combest Park and Central Park from GameTime c/o Cunningham Recreation of Charlotte, NC – Resolution 23-171 Councilmember Getz moved to approve Item I on the Consent Agenda approving playground equipment for Central Park. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE Councilmember Getz moved to table approving playground equipment for Combest Park for two weeks on Item I on the Consent Agenda. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE REGULAR AGENDA 1.Council to consider a resolution authorizing the City Manager to accept maintenance, and authorize final payment to ToMex Construction, LLC, of Houston, for the Calder Place from Wheat Drive to Brentwood Drive Emergency Repair Project. On December 12, 2022, by Resolution No. 22-339, the City Council awarded an emergency contract to To-Mex Construction, LLC, of Houston, in the amount of $126,950.00 for the Calder Place from Wheat Drive to Brentwood Drive Emergency Repair Project. Previous Change Order Nos. 1 & 2, in the amount of $63,200.00 are attached for your review. The project has been inspected by the Water Utilities staff and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of maintenance, and final payment in the amount of $63,200.00 is recommended. Minutes – June 27, 2023 Funds will come from the Water Utilities Fund. Approval of the Resolution. Mayor Pro Tem Durio moved to APPROVE A RESOLUTION THAT THE CONSTRUCTION OF THE CALDER PLACE FROM WHEAT DRIVE TO BRENTWOOD DRIVE EMERGENCY REPAIR PROJECT BE AND THE SAME IS HEREBY ACCEPTED AND THAT THE CITY MANAGER BE AND IS HEREBY AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF $63,200.00 TO TO-MEX CONSTRUCTION, LLC, OF HOUSTON, TEXAS. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 23-174 2.Council to consider a resolution approving the purchase of Zetron Max Fire Station Alerting system by BearCom of Beaumont, TX for $697,700.00. Fire uses Zetron for dispatching and communication for Fire and EMS. The current Zetron equipment is end of life and no longer being supported by the manufacturer. The equipment must be replaced to move our system towards National Fire Protecstion Association (NFPA) 1221 compliance and additional credit on our International Organization for Standardization (ISO) ratings. With the upgraded equipment, Fire Dispatch will have the ability to communicate more efficiently with Fire and Med stations during the dispatch phase and provide improved response times for calls of service. Funds will come from the Capital Reserve fund. Approval of the resolution. Mayor Pro Tem Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO PURCHASE THE ZETRON MAX FIRE STATION ALERTING SYSTEM BY BEARCOM OF BEAUMONT, TEXAS IN THE AMOUNT OF $697,700.00. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 23-175 Minutes – June 27, 2023 3.Council to consider a resolution authorizing the City Manager to execute Change Order No. 1 for the Art Museum of Southeast Texas Roof replacement project located at 500 Main St. On May 9, 2023, by Resolution No. 23-128, the City Council awarded Preferred Facilities Group - USA of Beaumont, Texas the contract for the replacement of the roof membrane only on the Art Museum of Southeast Texas in the amount of $291,408.49. This project resulted from hail damage to the roof membrane on April 15, 2023. Change Order No. 1 consists of the removal and disposal of the existing roof membrane and associated insulation board material and the installation of new insulation board and associated taper insulation. the previously awarded contract did not include this scope of work. This change resulted from the recommendation of the insurance adjustor and their roofing consultant due to concern with moisture trapped in the insulation board. This work is reflected in the insurance claim scope of work; therefore, the City will receive funding, less deductible and depreciation in the net Claim Value of $412,826.33. The total cost for the adjustment in the scope of work, as described herein, is $199,860.10, thereby resulting in a total contract amount of $491,268.59. This change will increase the contract time by thirty (30) calendar days. Approval of Change Order No. 1 in the amount of $199,860.10 is recommended. Funds will come from the Capital Reserve and Property Insurance Claim. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1, IN THE AMOUNT OF $199,860.10 FOR ADDITIONAL WORK, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $491,268.59 FOR THE ART MUSEUM OF SOUTHEAST TEXAS ROOF REPLACEMENT PROJECT LOCATED AT 500 MAIN STREET. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 23-176 4.Council to consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Long Street Emergency Cavity Repair Project. On May 23, 2023, by Resolution No. 23-147, the City Council awarded a contract to Brystar Contracting, Inc., of Beaumont, in the amount of $80,000.00, for the Long Street Emergency Cavity Repair Project. The authorized work consisted of the initial excavation of the site to stabilize the site and determine the extent of damage to the storm sewer line. On June 5, 2023, Brystar submitted an updated time and materials proposal estimated at $563,209.26 to complete the necessary work. This estimate was based on costs incurred Minutes – June 27, 2023 to date as well as a review of a preliminary design sketch from the design engineer. The additional work is required to pour a new section of concrete box to replace the collapsed section and place backfill that meets the special loading requirements of the railroad. The City engaged with ReCon Engineering, of Beaumont, to prepare the required construction drawings for the repair of the storm sewer line. If approved, the new contract amount would be $643,209.26. Funds will come from the Capital Program. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT THE UPDATED TIME AND MATERIALS ESTIMATE FOR WORK BY BRYSTAR CONTRACTING, INC., OF BEAUMONT, TEXAS, IN THE AMOUNT OF $563,209.26 FOR THE ADDITIONAL WORK, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $643,209.26 FOR THE LONG STREET EMERGENCY CAVITY REPAIR PROJECT. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 23-177 Mayor West read the announcement regarding the Executive Session being held at the conclusion of Public and Councilmember comments. DISUCSSION ITEM (Discussion of the two items can be heard or seen on the City of Beaumont web site at beaumonttexas.gov) Discuss possible changes to the meeting format to increase efficiency of the meeting. Discuss changing the City Council meeting time. COMMENTS Public Comments (Persons are limited to three minutes) (Public comments can be heard or seen on the City of Beaumont website beaumonttexas.gov) Caleb Green2508 LaurelBeaumont TX Ricky Jason1075 MagnoliaBeaumont TX Michael Mott2105 Hebert St.Beaumont TX Addie Allen9695 GrossBeaumont TX Minutes – June 27, 2023 Vernon Durden16436 Westbury Rd.Beaumont TX Jesus Lopez5980 Fairmeadow Dr.Beaumont TX Councilmembers/City Manager/City Attorney comments on various matters (Councilmember Comments can be heard or seen on the City of Beaumont web site at beaumonttexas.gov) COUNCILMEMBER COMMENTS M AYOR P RO T EM D URIO - N ONE C OUNCILMEMBER G ETZ -N ONE C OUNCILMEMBER T URNER - N ONE C OUNCILMEMBER F ELDSCHAU -N ONE C OUNCILMEMBER S AMUEL -N ONE C OUNCILMEMBER N EILD -N ONE C ITY A TTORNEY R EED -N ONE C ITY M ANAGER W ILLIAMS -N ONE M AYOR W EST - N ONE 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: Downtown Hotel Consider matters related to the contemplated or pending litigation in accordance with Section 551.071 of the Government The Claim of Vincent Fertitta James Mathews vs. City of Beaumont, Texas; Cause No. A-192.887, 22- 0190, 09-23-00197-CV, 09-20-0053-CV, A-192887A Open session of meeting recessed at 3:35 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes – June 27, 2023 B TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:July 11, 2023 REQUESTED ACTION:Council consider a resolution authorizing the acceptance of a Temporary Working Space Agreement with TransCanada Keystone Pipeline, LP. BACKGROUND On March 20, 2012, City Council approved Resolution No. 12-059 to authorize the execution of an Easement Agreement with TransCanada Keystone Pipeline, LP granting a perpetual permanent easement that crossed city-owned tracts located within Tyrrell Park Marsh. TransCanada Keystone Pipeline, LP needs to acquire temporary work space to repair and maintain the pipeline they constructed in 2012. The Temporary Working Space Agreement will allow them access across city-owned property situated in the Christian Hillebrandt Survey, Abstract No. 28 and Samual Stivers League, Abstract No. 51, Jefferson County Texas. The Temporary Working Space Agreement will terminate eighteen (18) months from commencement date. TransCanada Keystone Pipeline, LP will pay $1,000 for the Temporary Working Space Agreement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Agenda Agreement 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 Temporary Working Space Agreement with TransCanada Keystone Pipeline, LP. The Agreement allows repairs and maintenance to the pipeline constructed in 2012, and will allow access across city-owned property situated in the Christian Hillebrant Survey, Abstract No. 28 and Samual Stivers league, Abstract. 51, Jefferson County, Texas. 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 11th day of July, 2023. _______________________________ - Mayor Roy West - C TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Todd Simoneaux, Chief Financial Officer MEETING DATE:July 11, 2023 REQUESTED ACTION:Council consider a resolution accepting payment in the amount of $540.00 for the principal of a litter lien and the lien assessment fee for lien filed on August 10, 2020 on property legally described as Forrest L39 B8 (3494 Magnolia Ave.), waiving interest in the amount of $141.09. BACKGROUND On August 10, 2020, a litter lien was attached to property legally described as Forrest L39 B8 (3494 Magnolia Ave.). The lien was discovered in March, 2023 by Stewart Title Company in a title search related to the proposed sale of property. Principal amount due is $490.00, lien assessment fee of $50.00, and total interest accrued since the filing of said lien is $141.09, for a total amount of $681.09. There are also unpaid weed abatement charges totaling $7,833.75, dating from 2001 until 2022. The total market value of the property per the Jefferson County Tax Office is $4,200.00. FUNDING SOURCE Not applicable RECOMMENDATION Approval of resolution. ATTACHMENTS 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 accept payment in the amount of $540.00 for the principal of a litter lien and the lien assessment fee for a lien filed at property Forrest L39, B8 (3494 Magnolia Ave), on August 10, 2020; and, THAT the interest of $141.09 be waived. 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 11thday of July, 2023. - Mayor Roy West - BEAUMONT TEXAS PAYOFF REGARDING: tiTTERIENN:lital SUCCESS IN CHRIST MINISTRIES FORREST L39 B8 3494 MAGNOLIA AVE BEAUMONT, TX JCAD #021160-000-011300-00000-8 LIEN FILED UNDER COUNTY CLERK INSTRUMENT NO. 2020024046 Assessment Interest Total Lien Filed 08/10/2020, 490.00'. 141.09. $ 631.09 Interest thru 7/11/2023 #of days 1,051 Per diem 0.134 Lien assessment fee $ 50.00 Fora Subtotal of $ 681.09 WEED ABATEMENT CHARGES DUE AND OWING (NO LIENS): $7,833.75 CUSTOMER NUMBER 146040 FOR A GRAND TOTAL OF: $8,514.84 City of Beaumont * Central Collections Division * P 0 Box 3827 * Beaumont,TX 77704-3827 Telephone: (409)880-3772 * FAX: (409)880-3113 111111111111 1111111111 11I1 11111 2 i.pgs 2020024046 JCAD 021160-000-011300-00000-8 LITTER LIEN THE STATE OF TEXAS } IN THE MATTER OF SUCCESS IN CHRIST MINISTRIES COUNTY OF JEFFERSON } In accordance with the provisions of Chapter 342, subchapter A, of the Texas Health and Safety Code, and for the purpose of perfecting and fixing a lien upon the hereinafter descnbed property for the City of Beaumont, a municipal corporation of Jefferson County,Texas Christopher Boone,Development Services Director of the City of Beaumont,Affiant, makes oath and says That the City of Beaumont cleaned and removed the litter, trash and garbage found upon the following described parcel of land situated in Beaumont,Jefferson County,Texas FORREST L39 Be (3494 MAGNOLIA AVE) That such work was done on or about the following date(s)indicated 1/11/2019 That the sum of$490 00 was expended by the City of Beaumont to have such work done That Affiant is informed and believes that the above descnbed property is owned by SUCCESS IN CHRIST MINISTRIES, and the above described amount expended has not been repaid to the City of Beaumont prior to the date of this statement Pursuant to Health and Safety Code, Chapter 342, Subchapter A, Section 342 007, of Texas, the City of Beaumont hereby files this statement of expenses and such amount bears ten percent(10%) interest from the date of filing plus court costs expended Christopher Boone, Development Services Director As Designee of Kyle Hayes, City Manager THE STATE OF TEXAS COUNTY OF JEFFERSON } BEFORE ME, the undersigned authority, on this day personally appeared Christopher Boone, as authorized by Executive Memo Dated January 25,2012, on file with the City Clerk, executed by Kyle Hayes, City Manager of the City of Beaumont, a Municipality organized under the Laws of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed in the capacity therein tated on behalf of and as the act and deed of said City of Beaumont GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS IaDAY OF , 020 idAIL SIGNAT E OF N T RY kinarla_ Jae TYPED OR PRINTED NAME OF NOTARY NOTARY PUBLIC,STATE OF TEXAS RETURN TO City of Beaumont Central Collections ==--- P 0 Box 3827 YP MARLA JACO Beaumont,TX 77704-3827 =�``'� n Notary Public,State of Texas 5i.. r,4 Comm Expires 12-14-2020 '!/01tit0 Notary ID 130932008 6(29/23,10:47 AM Jefferson County \ —07 ( • 'z, f tali_ �� • ,,, �, sJEFFERSON COUNTY • /1 • -, ,,l:_ Shopping Cart °s" Property Tax Balance Begin a New Search Make your check or money order payable to: Jefferson County Tax Office PO BOX 2112 BEAUMONT, TX 77704-2112 Shopping Cart: For your convenience you may pay several accounts at once. Click the 'Click Here to Pay Now' button to add this account to the shopping cart.Additional accounts can be added by doing a search again, then clicking the 'Click Here to Pay Now'button for each account. Up to 50 accounts may be paid at one time. Accounts are not saved in the shopping cart after you go to the Certified Payment web site. Unless otherwise noted, all data refers to tax information for 2022.All amounts due include penalty, interest,and attorney fees when applicable. Account Number: 02116000001130000000 Pending Credit Card or eCheck Payments: No Payment Pending Address: SUCCESS IN CHRIST MINISTRIES Market Value: $4,200 % DR. BENITA MOORE 2828 TELEPHONE RD HOUSTON, TX 77023 Land Value: $4,200 Property Site Address: Improvement Value: $0 3494 MAGNOLIA AVE Capped Value: $0 Legal Description: FORREST L39 B8 Agricultural Value: $0 Current Tax Levy: $0.00 Exemptions: EXXV Current Amount Due: $0.00 Taxes Due Detail by Year and Jurisdiction Prior Year Amount Due: $0.00 Payment Information Total Amount Due: $0.00 Print Payment Record Last Payment Amount for Current Year Taxes: Current Tax Statement Not Received Register to Receive Electronic Tax Statements Last Payer for Current Year Taxes: Not Received https:i/actweb.acttax.com/act_webdev/jefferson/showdetail2.jsp?can=02116000001130000000 1/2 6/29/23,10:47 AM Jefferson County Last Payment Date for Current Year Taxes: Not Received Active Lawsuits: None Active Judgments: None Click Here to see your estimated amount due for a different date.You can see this information by year and by both year and jurisdiction. • Tams of Use Privacy Policy JEFFERSON COUNTY TAX OFFICE DISCLAIMER: Jefferson County,Texas(the"County"),provides this World Wide Web(WWW)site information and P.O.BOX 2112 services'as Is'without warranty of any kind,either expressed or implied.The County does not warrant the accuracy, BEAUMONT,TX 77704 authority,completeness,usefulness,timeliness,or fitness fora particular purpose of its information or services.The EMAIL:PROPERTY@JEFFCOTX.US County,its officials and employees shall not he liable for any loss or injury caused In whole or pert by its negligence, (409)835-8516 contingencies beyond Its control,loss of data,or errors or omissions in the WWW site information or services. ©Appraisal&Collection Technologies.All rights reserved. Ii https://actweb.acttax.com/act webdev/jeffersonlshowdetail2.jsp?can=02116000001130000000 2/2 D TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Earl White, Fire Chief MEETING DATE:July 11, 2023 REQUESTED ACTION:Recommend approval of Agreement with UT Health Science Center of Houston. BACKGROUND HIPAA Patient care confidential disclosure agreement confirming City of Beaumont is a covered entity under 45 CFR 160.103. FUNDING SOURCE No Funding Required RECOMMENDATION Approval ATTACHMENTS HIPAA Business Associate Agreement HIPAA BUSINESS ASSOCIATE AGREEMENT This HIPAA Business Associate Agreement (this “BA Agreement”) is made and entered into effective as of May 10, 2023 (the “Effective Date”) by The University of Texas Health Science Center at Houston an agency and institution of higher education established under the laws of the State of Texas, located at 7000 Fannin, Houston, TX 77030 (“Business Associate”), and the City of Beaumont city in southeastern Texas located at P.O. Box 3827, Beaumont, TX 77704 (“Covered Entity”). A.Definitions. For purposes of this BA Agreement: 1.“Business Associate” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean The University of Texas Health Science Center at Houston . 2."Covered Entity" shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean the City of Beaumont. . 3.“Agreement” shall mean the “Partnership Agreement” made and entered into effective as of May 10, 2023, by Business Associate and The Covered Entity. 4."Individual" shall have the same meaning as the term "individual" in 45 CFR § 164.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR § 164.502(g). 5. “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164. 6."Protected Health Information" or "PHI" shall have the same meaning as the term "protected health information" in 45 CFR § 164.103, limited to the PHI created, maintained, transmitted, or received by Business Associate from or on behalf of Covered Entity. 8."Required By Law" shall have the same meaning as the term "required by law" in 45 CFR § 164.103. 9"Secretary" shall mean the Secretary of the Department of Health and Human Services or his or her designee. 10.All other capitalized terms used in this Agreement shall have the meanings set forth in the applicable definitions under the HIPAA Rules. B.Obligations and Activities of Business Associate 1.Business Associate agrees to not use or disclose PHI other than as permitted or required by this BA Agreement or as Required By Law. 2.Business Associate agrees to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information to prevent the use or disclosure of PHI other than as provided for by this BA Agreement. 4.Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this BA Agreement. 5.Business Associate agrees to report immediately, but no later than three (3) days, to Covered Entity any use or disclosure of PHI not provided for by this BA Agreement of which it becomes aware including breaches of unsecured protected health information as required at 45 CFR 164.410, and any security incident of which it becomes aware. The party responsible for the Breach of Unsecured PHI shall be responsible for payment of all actual costs associated with the Breach, including without limitation, costs of notifying affected Individuals, credit monitoring (where applicable), and other efforts to mitigate the harm to Individuals. Breach notification will be written in plain language and will include, to the extent possible or available, the following: a.The identification of the individual whose Unsecured PHI has been, or is reasonably believed by Business Associate to have been, accessed, acquired or disclosed during the Breach; b.A brief description of what happened, including the date of the Breach and the date of the discovery of the Breach; c.A description of the types of Unsecured Protected Health Information that were involved in the Breach (such as whether the full name, social security number, date of birth, home address, account number, diagnosis, disability code, or other types of information were involved); d. Any steps Individuals who were subjects of the Breach should take to protect themselves from potential harm that may result from the Breach; e.A brief description of what Business Associate is doing to investigate the Breach, to mitigate the harm to individuals, and to protect against further Breaches; and f. Contact procedures for individuals to ask questions or learn additional information, including a toll free telephone number, an email address, Web site, or postal address. 6.Business Associate agrees to ensure that any agents or subcontractors that create, receive, maintain, or transmit protected health information on behalf of the business associate agree to the same restrictions, conditions, and requirements that apply to the business associate with respect to such information. 7.Business Associate agrees to provide access, at the request of Covered Entity, in a reasonable time and manner, to PHI in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an Individual, in order to meet the requirements under 45 CFR § 164.524. 8.Business Associate agrees to make any amendment(s) to PHI in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR § 164.526 at the request of Covered Entity or an Individual, and in a reasonable time and manner. 9.Business Associate agrees to make internal practices, books, and records including policies and procedures and PHI relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of, Covered Entity available to the Secretary, in a reasonable time and manner, for the purpose of permitting the Secretary to determine Covered Entity's compliance with the HIPAA Rules. 10.Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR §164.528. 11.Business Associate agrees to provide to Covered Entity or an Individual, in a reasonable time and, information collected in accordance with Section B.(10) of this BA Agreement, to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164.528. 12.Business Associate agrees, to the extent the business associate is to carry out one or more of covered entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the covered entity in the performance of such obligation(s); C.Permitted Uses and Disclosures of PHI by Business Associate 1.Business Associate may only use or disclose PHI as permitted by the HIPAA Rules. Business Associate may use or disclose PHI to perform, manage and administer the activities or services required under the Agreement or other such arrangement between Covered Entity and Business Associate, including the de-identification of PHI, provided that such use or disclosure would not violate the HIPAA Rules if done by Covered Entity. 2.Business associate agrees to make uses and disclosures and requests for protected health information consistent with covered entity’s minimum necessary policies and procedures. 3.Business associate may not use or disclose protected health information in a manner that would violate Subpart E of 45 CFR Part 164 if done by covered entity, except for the specific uses and disclosures set forth below. 4.Business Associate may use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. 5.Business Associate may disclose PHI for the proper management and administration of the Business Associate, provided that disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. 6.Business Associate may use PHI to report violations of law to appropriate Federal and State authorities, consistent with §164.502(j)(1). D.Obligations of Covered Entity 1.Covered Entity shall notify Business Associate of any limitations in its notice(s) of privacy practices in accordance with 45 CFR § 164.520 to the extent that such limitations may affect Business Associate's use or disclosure of PHI. 2.Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by Individual to use or disclose PHI, to the extent such changes may affect Business Associate's use and disclosure of PHI. 3.Covered Entity shall notify Business Associate of any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR § 164.522 to the extent that such restriction may affect Business Associate's use or disclosure of PHI. E.Restriction on Covered Entity Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the HIPAA Rules if done by Covered Entity, except Business Associate may use or disclose PHI for data aggregation or management and administrative activities of Business Associate. F.Term and Termination 1.Term. The Term of this BA Agreement and the obligations herein shall be deemed effective as of the Effective Date, and shall terminate when all of the PHI provided by Covered Entity to Business Associate, or created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity, or, if it is not feasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions in this Section. 2.Termination for Cause. Upon Covered Entity's knowledge of a material breach by Business Associate, Covered Entity shall either: a.Provide an opportunity for Business Associate to cure the material breach or end the violation and terminate this BA Agreement and Covered Entity’s participation in the Agreement if Business Associate does not cure the material breach or end the violation within the reasonable time specified by Covered Entity; or b.Immediately terminate this BA Agreement and Covered Entity’s participation in the Agreement if Business Associate has breached a material term of this BA Agreement and a cure is not possible. 3.Effect of Termination. a.Except as provided in Section F.(2), upon termination of this BA Agreement for any reason, Business Associate shall return or destroy all PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to PHI that is in the possession of subcontractors or agents of Business Associate. b.In the event that Business Associate determines that returning or destroying the PHI is not feasible, Business Associate shall provide to Covered Entity notification of the conditions that make return or destruction not feasible, including the need to retain PHI for audit, justification of work product or compliance with pharmacy or other applicable law. Business Associate shall extend the protections of this BA Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction not feasible, for so long as Business Associate maintains such PHI. G.Miscellaneous 1.Regulatory References. A reference in this BA Agreement to a section in the HIPAA Rules means the section as in effect, or as amended, and for which compliance is required. 2.Amendment. The Parties agree to take such action as is necessary to amend this BA Agreement from time to time as is necessary for Covered Entity to comply with the requirements of the HIPAA Rules and the Health Insurance Portability and Accountability Act of 1996, Pub. Law 104-191. This BA Agreement may be amended only in writing when signed by a duly authorized representative of each Party. 3.Survival. The respective rights and obligations of Business Associate under Section F.(3) of this BA Agreement shall survive the termination of this BA Agreement. 4.Interpretation. Any ambiguity in this BA Agreement or in the Agreement shall be resolved in favor of a meaning that permits Covered Entity to comply with the HIPAA Rules. 5. Assignment. Neither Party may assign this BA Agreement without prior written consent from the other party, which will not be unreasonably withheld; provided, however, either party may assign this BA Agreement to the extent that they are permitted to assign the applicable Agreement. Nothing in this BA Agreement will confer any right, remedy, or obligation upon anyone other than Covered Entity and Business Associate 6.Cooperation in Investigations. The parties acknowledge that certain breaches or violations of this BA Agreement may result in litigation or investigations pursued by federal or state governmental authorities of the United States resulting in civil liability or criminal penalties. Each party will cooperate in good faith in all respects with the other Party in connection with any request by a federal or state governmental authority for additional information and documents or any governmental investigation, complaint, action or other inquiry 7.Conflicts. To the extent that this BA Agreement may conflict with the Agreement, this BA Agreement shall govern. CLIENT:PROVIDER: THE UNIVERSITY OF TEXASTHE CITY OF BEAUMONT HEALTH SCIENCE CENTER AT HOUSTON By:By: ___________________________ Name:Valerie Bomben_________________Name: ________________________ Title:Director, Sponsored Contracts______Title: __________________________ 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 approve an Agreement with UT Health Science Center of Houston, Texas for HIPPA Patient Care. 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 11thday of July, 2023. - Mayor Roy West - E TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Kenneth Raggette, Director of Parks and Greenspaces MEETING DATE:July 11, 2023 REQUESTED ACTION:Approval of artificial grass donation for Sprott Park practice football field from Artificial Grass Recyclers Corporation, a California Corporation, with its principle place of business at 4205 Rio Nedo Road, Temecula, CA 92590. BACKGROUND Most sports fields are removed within 4-8 years, with average turf life ranges from 12-20 years. Artificial Grass Recyclers, after having a conversation with the former Mayor, agreed to donate the needed used artificial turf for the practice football field located in Sprott Park. The Parks and Greenspaces department will install the artificial turf along with community volunteers under the supervision of Artificial Grass Recyclers. FUNDING SOURCE Donation RECOMMENDATION Approval ATTACHMENTS 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 accept a turf donation for the practice football field at Sprott Park from Artificial Grass Recyclers Corporation, of Temecula, California. 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 11thday of July, 2023. - Mayor Roy West - F TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Sharae Reed, City Attorney MEETING DATE:July 11, 2023 REQUESTED ACTION:Council consider the appointment of Ronald Kelley to the Historic Landmark Commission. BACKGROUND Council consider the appointment of Ronald Kelley by Mayor Pro Tem Durio to Historic Landmark Commission to fill the unexpired term of Hajrah Javed. The term will commence July 11, 2023, and expire September 30, 2023. FUNDING SOURCE No applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Ronald Kelley is appointed by Mayor Pro Tem Durio to the Historic Landmark Commission to fill the unexpired term of Hajrah Javed. 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 11thday of July, 2023. - Mayor Roy West - G TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Kenneth Williams, City Manager MEETING DATE:July 11, 2023 REQUESTED ACTION:Council consider removing Roy West from the Beaumont Convention and Tourism Advisory Committee BACKGROUND Council consider removing Roy West from the Beaumont Convention and Tourism Advisory Committee. Roy West was sworn-in as the Mayor of Beaumont on May 16, 2023, which makes him ineligible to serve as an appointee on the Committee. The unexpired term of Roy West may be filled by an appointment from Councilmember Neild at a later date. FUNDING SOURCE RECOMMENDATION Approval of the resolution ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Roy West be removed from the Beaumont Convention and Tourism Advisory Committee. 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 11thday of July, 2023. - Mayor Roy West - H TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:July 11, 2023 REQUESTED ACTION:Council consider a resolution approving a contract to Vortex Companies for the Inspection, Cleaning, and Survey of the steel arch storm sewer on Lucas Street and a 102” storm sewer outfall line in the Port of Beaumont. BACKGROUND This project consists of storm sewer television video inspection and if required, cleaning and removing any debris found in the storm sewer system. A ground penetrating radar survey will also be done to locate any voids that may have formed due to defects in the storm sewer line. Based on a review of the proposal, the Public Works Engineering staff recommends awarding the contract to Vortex Companies, of Houston, in the amount of $29,092.00 for the 102“storm sewer outfall line and $69,667.00 for the storm sewer on Lucas Street, with the total amount being $98,759.00. Vortex has successfully performed similar sewer television inspection, cleaning and ground penetrating radar work for the City, and the proposal was obtained through the HGACBuy Cooperative. A total of 7 calendar days are allocated for the completion of this project. Drainage District Number 6 has agreed to pay for half of the inspection, cleaning and survey of 102” storm sewer outfall line. This will be done by reimbursement. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. ATTACHMENTS 7-11-23 Agenda Attachment - Lucas Street and 102 inch Outfall Storm Line 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 approve a contract with Vortex Companies of Houston, Texas for the inspection, cleaning, and survey of the steel arch storm sewer on Lucas Street in the amount of $69,667.00, and a 102 outfall line in the Port of Beaumont in the amount of $29,092.00 for a total contract amount of $98,759.00. 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 11thday of July, 2023. - Mayor Roy West - To:City Of Beaumont Contact:David Tingle E.I.T. Address:801 Main Street Phone:409.880.3720 Room 315 Email:David.Tingle@BeaumontTexas.Gov Project Name:TX - Beaumont - Grant 102" GPR X 3,800' GoPro HGAC #TP07-18 Bid Number:2323106-1 Project Location:Beaumont, TX Bid Date:7/5/2023 Bid Proposal Figured on utilizing HGAC Contract # TP07-18 Item #Estimated QuantityItem DescriptionUnitUnit PriceTotal Price Alt 1a - P15Travel And Mobilization- TML Region 16 (Golden Pine & 0.50EACH$4,784.00$2,392.00 Oil-Beaumont) - Chemical Grouting A8Sewer Main Television Insepction (96" Through 108"3,800.00LF$5.25$19,950.00 Diameter) - Includes Go Pro Video Inspection And GPR Of Collapsed Area 3,800 LF On Grant 102" Storm Sewer To Identify Anomalies And Areas With Voids And Loose Soils. The Storm Sewer. O11Barricades, Signs, And Traffic Handling (per Setup)2.00EACH$3,375.00$6,750.00 Total Bid Price:$29,092.00 Notes: cture. This may include but not limited locating, exposing, and raising buried MH's prior to our crew mobilizing. We will require access no greater than every 700' in order to complete our work. is not included. or Union Wage Rates are not included in this bid proposal. oposal. In the event of unforeseen price increases of our raw materials, Vortex reserves the right to adjust our unit rate or overall bid proposal accordingly to account for such price increases. e owner is exempt, we will need them to provide an exemption certificate prior to contract execution. Service Tax is not included. If required, it will be invoiced separately. Vortex's bid proposal shall be incorporated into the subcontract agreements. Vortex will initiate this project upon an agreement or receipt of a subcontract or purchase order. Copies of payment and performance bonds must be provided to Vortex. Proposal does NOT include following: any kind are not included in this proposal r. If conditions change, and bypass is required in order to clean / cctv the pipe, additional bypass efforts will be paid separately provide Railwaypermits, Railroad Insurance, and Railroad Flaggers (if required). Page 1 of 2 ACCEPTED:CONFIRMED: The above prices, specifications and conditions are satisfactory and Vortex Lining Systems are hereby accepted. Buyer: Authorized Signature: Signature: Date of Acceptance:Estimator: Brandon Gerber (813) 326-8928 Bgerber@vortexcompanies.com Page 2 of 2 To:City Of Beaumont Contact:David Tingle E.I.T. Address:801 Main Street Phone:409.880.3720 Room 315 Email:David.Tingle@BeaumontTexas.Gov Project Name:TX - Beaumont - Lucas 7.5' X5' GPR X 9,600' GoPro HGAC #TP07-18 Bid Number:2323106-2 Project Location:Beaumont, TX Bid Date:7/5/2023 Bid Proposal Figured on utilizing HGAC Contract # TP07-18 Item #Estimated QuantityItem DescriptionUnitUnit PriceTotal Price Alt 1a - P15Travel And Mobilization- TML Region 16 (Golden Pine & 0.50EACH$4,784.00$2,392.00 Oil-Beaumont) - Chemical Grouting A8Sewer Main Television Insepction (96" Through 108"9,600.00LF$5.25$50,400.00 Diameter) - Includes Go Pro Video Inspection And GPR Of Collapsed Area 9,600 LF On Lucas If 7.5'x5' (varying Diameter) Storm Sewer To Identify Anomalies And Areas With Voids And Loose Soils. The Storm Sewer. O11Barricades, Signs, And Traffic Handling (per Setup)5.00EACH$3,375.00$16,875.00 Total Bid Price:$69,667.00 Notes: cture. This may include but not limited locating, exposing, and raising buried MH's prior to our crew mobilizing. We will require access no greater than every 700' in order to complete our work. is not included. or Union Wage Rates are not included in this bid proposal. oposal. In the event of unforeseen price increases of our raw materials, Vortex reserves the right to adjust our unit rate or overall bid proposal accordingly to account for such price increases. e owner is exempt, we will need them to provide an exemption certificate prior to contract execution. Service Tax is not included. If required, it will be invoiced separately. Vortex's bid proposal shall be incorporated into the subcontract agreements. Vortex will initiate this project upon an agreement or receipt of a subcontract or purchase order. Copies of payment and performance bonds must be provided to Vortex. Proposal does NOT include following: any kind are not included in this proposal r. If conditions change, and bypass is required in order to clean / cctv the pipe, additional bypass efforts will be paid separately provide Railwaypermits, Railroad Insurance, and Railroad Flaggers (if required). Page 1 of 2 ACCEPTED:CONFIRMED: The above prices, specifications and conditions are satisfactory and Vortex Lining Systems are hereby accepted. Buyer: Authorized Signature: Signature: Date of Acceptance:Estimator: Brandon Gerber (813) 326-8928 Bgerber@vortexcompanies.com Page 2 of 2 1 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:July 11, 2023 REQUESTED ACTION:Council consider a request for an abandonment of portions of South, Archie, and Holmes Streets with the retention of a general utility easement. BACKGROUND The City of Beaumont is requesting to abandon the rights of way for portions of South, Archie and Holmes Streets. Once abandoned, an exchange of this property has been arranged to provide additional parking for the Event Centre and Lakeside Center. Centerpoint has stated they have utilities located in several of the properties, but would find a blanket easement acceptable for their needs. Planning staff recommends approval of the abandonments with retention of a blanket utility easement. At a Joint Public Hearing held on June 26, 2023, the Planning Commission recommended 7:0 to approve the request to abandon portions of South, Archie and Holmes Streets with the retention of a general utility easement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Legal Description and Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF SOUTH, ARCHIE, AND HOLMES STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a portion of South, Archie, and Holmes Street being a 0.2421 acre tract or parcel of land situated in the Noah Tevis League, Abstract No. 52, Jefferson County, Texas and being out of and part of the South Street right-of-way being South of Block 31 of Calder Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, containing 0.2421 the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law, subject to the retention of a general utility easement. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of July, 2023. _______________________________ - Mayor Roy West - LEGAL DESCRIPTION OF THE RIGHT-OF-WAY FOR ORDINANCE PURPOSES TRACT I Legal Description:0.2421 Acre Tract or Parcel of Land Out of and Part of South Street Right-of-Way Calder Addition Volume 2, Page 115, Deed Records Noah Tevis League, Abstract No. 52 Beaumont, Jefferson County, Texas BEING a 0.2421 acre tract or parcel of land situated in the Noah Tevis League, Abstract No. 52, Jefferson County, Texas and being out of and part of the South Street right-of-way being South of Block 31 of Calder Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 2, Page 115, Deed Records, Jefferson County, Texas, said 0.2421 acre tract being more particularly described as follows: NOTE: All bearings are referenced to the Northerly line of the remainder of that certain called 11.4488 acre Tideland Specialty, Ltd. tract as NORTH 71°32'21" EAST as recorded in Clerk's File No. 2002046131, Official Public Records of Real Property, Jefferson County, Texas. All set 5/8" iron rods set with caps stamped "Whiteley". BEGINNING at a scribed "X" set in a concrete driveway for the Southwest corner of the tract herein described, said corner also being the Northwest corner of the remainder of that certain called 11.4488 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 being in the East right-of-way line of Ewing Street; THENCE NORTH 04°23'31" WEST, along and with the proposed East right-of-way line of Ewing Street, for a distance of 80.00 feet to a 5/8" iron rod set for corner, said corner being the intersection of the proposed East right-of-way line of Ewing Street and the proposed South right- of-way line of South Street; THENCE NORTH 88°38'08" EAST, along and with the proposed South right-of-way line of South Street, for a distance of 263.98 feet to a 5/8" iron rod set for corner, said corner being in the Northerly line of the remainder of the said 11.4488 acre Tideland Specialty, Ltd. tract and said corner bears SOUTH 71°32'21" WEST a distance of 603.31 feet from a 1/2" iron rod found for an exterior ell corner of the remainder of the said 11.4488 acre Tideland Specialty, Ltd. tract and the most Westerly corner of that certain called 0.8439 acre tract of land as described in a "Special Warranty Deed" from City of Beaumont to Tideland Specialty, Ltd. as recorded in Clerk's File No. 2023006241, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 71°32'21" WEST, along and with the boundary between the tract herein described and the Northerly line of the remainder of the said 11.4488 acre Tideland Specialty, Ltd. tract, for a distance of 271.76 feet to the POINT OF BEGINNING and containing 0.2421 Acres, more or less. TRACT II Legal Description:0.2895 Acre Tract or Parcel of Land Out of and Part of South Street Right-of-Way Calder Addition Volume 2, Page 115, Deed Records Noah Tevis League, Abstract No. 52 Beaumont, Jefferson County, Texas BEING a 0.2895 acre tract or parcel of land situated in the Noah Tevis League, Abstract No. 52, Jefferson County, Texas and being out of and part of the South Street right-of-way being South of Block 32 of Calder Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 2, Page 115, Deed Records, Jefferson County, Texas, said 0.2895 acre tract being more particularly described as follows: NOTE: All bearings are referenced to the Northerly line of the remainder of that certain called 11.4488 acre Tideland Specialty, Ltd. tract as NORTH 71°32'21" EAST as recorded in Clerk's File No. 2002046131, Official Public Records of Real Property, Jefferson County, Texas. All set 5/8" iron rods set with caps stamped "Whiteley". BEGINNING at a 5/8" iron rod set for the Northwest corner of the tract herein described, said corner also being the Southwest corner of Lot 9, Block 32 of the said Calder Addition and being the intersection of the East right-of-way line of Center Street (based on a width of 70 feet) and the Northerly right-of-way line of South Street (based on a width of 30 feet); THENCE NORTH 71°32'21" EAST, along and with the Southerly line of the said Block 32 and the Southerly line of that certain called irregular shaped tract of land immediately to the South of an alley and the East line of Lot 13, Block 32 of Calder Addition as described in a "Gift Deed" from Richard C. Ashley and spouse, Rita Ashley to the Board of Regents of the Texas State University System for the use and benefit of Lamar Institute of Technology as recorded in Clerk's File No. 2018028354, Official Public Records of Real Property, Jefferson County, Texas, for a distance of 420.29 feet to a 5/8" iron rod set for corner, said corner being the Southeast corner of the said Lamar Institute of Technology tract and being the intersection of the West right-of-way line of Forest Street (based on a width of 70 feet) and the Northerly right-of-way line of South Street; THENCE SOUTH 01°23'39" EAST, along and with the proposed West right-of-way line of Forest Street, for a distance of 31.38 feet to a 5/8" iron rod set for corner, said corner being in the Northerly line of the remainder of the said 11.4488 acre Tideland Specialty, Ltd. tract and said corner bears SOUTH 71°32'21" WEST a distance of 70.80 feet from a 1/2" iron rod found for an exterior ell corner of the remainder of the said 11.4488 acre Tideland Specialty, Ltd. tract and the most Westerly corner of that certain called 0.8439 acre tract of land as described in a "Special Warranty Deed" from City of Beaumont to Tideland Specialty, Ltd. as recorded in Clerk's File No. 2023006241, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 71°32'21" WEST, along and with the boundary between the tract herein described and the Northerly line of the remainder of the said 11.4488 acre Tideland Specialty, Ltd. tract, for a distance of 420.37 feet to a 5/8" iron rod set for corner; THENCE NORTH 01°15'29" WEST, along and with the proposed East right-of-way line of Center Street, for a distance of 31.40 feet to the POINT OF BEGINNING and containing 0.2895 Acres, more or less. TRACT III Legal Description:0.1450 Acre Tract or Parcel of Land Out of and Part of South Street Right-of-Way Calder Addition Volume 2, Page 115, Deed Records Noah Tevis League, Abstract No. 52 Beaumont, Jefferson County, Texas BEING a 0.2895 acre tract or parcel of land situated in the Noah Tevis League, Abstract No. 52, Jefferson County, Texas and being out of and part of the South Street right-of-way being South of Block 33 of Calder Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 2, Page 115, Deed Records, Jefferson County, Texas, said 0.2895 acre tract being more particularly described as follows: NOTE: All bearings are referenced to the Northerly line of the remainder of that certain called 11.4488 acre Tideland Specialty, Ltd. tract as NORTH 71°32'21" EAST as recorded in Clerk's File No. 2002046131, Official Public Records of Real Property, Jefferson County, Texas. All set 5/8" iron rods set with caps stamped "Whiteley". BEGINNING at a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for the Northwest corner of the tract herein described, said corner also being the Southwest corner of Lot 8, Block 33 of the said Calder Addition and being the intersection of the East right-of-way line of Forest Street (based on a width of 70 feet) and the Northerly right-of-way line South Street and from said corner a 5/8" iron rod in a concrete joint found for the Northwest corner of the said Lot 8 and the intersection of the East right-of-way line of Forest Street and the South right- of-way line of Laurel Avenue bears NORTH 01°23'39" WEST a distance of 150.76 feet; THENCE NORTH 71°26'29" EAST, along and with the Southerly line of Lots 8, 7, 6 and 5, Block 33 of the said Calder Addition, for a distance of 209.33 feet to a building corner found for the Southeast corner of the said Lot 5, Block 33 and the Southwest corner of Lot 4, Block 33 of the said Calder Addition and said corner bears SOUTH 01°21'38" EAST a distance of 88.79 feet from a 1/2" iron rod found for the Northeast corner of the said Lot 5 and the Northwest corner of Lot 4, Block 33 of the said Calder Addition; THENCE SOUTH 01°21'38" EAST, over and across the South Street right-of-way, for a distance of 31.80 feet to a point for corner (unable to set corner due to a building), said corner being in the Northerly line of that certain called 0.8439 acre tract of land as described in a "Special Warranty Deed" from City of Beaumont to Tideland Specialty, Ltd. as recorded in Clerk's File No. 2023006241, Official Public Records of Real Property, Jefferson County, Texas and said corner bears SOUTH 71°32'47" WEST a distance of 197.41 feet from a scribed "X" in concrete found for the for the most Northerly corner of the remainder of that certain called 1.125 acre tract of land as described in a "Special Warranty Deed" from Tarm Properties, L.L.C. to the City of Beaumont as recorded in Clerk's File No. 2012038144, Official Public Records of Real Property, Jefferson County, Texas and being the intersection of the Southeasterly right-of-way line of South Street and the Westerly right-of-way line of Magnolia Street; THENCE SOUTH 71°32'47" WEST, along and with the Northerly line of the said 0.8439 acre Tideland Specialty, Ltd. tract, for a distance of 209.19 feet to a 5/8" iron rod set for corner and from said corner a 1/2" iron rod found for the most Westerly corner of the said 0.8439 acre Tideland Specialty, Ltd. tract and an exterior ell corner of the remainder of that certain called 11.4488 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 bears SOUTH 71°32'47" WEST a distance of 2.43 feet; THENCE NORTH 01°23'39" WEST, along and with the proposed East right-of-way line of Forest Street, for a distance of 31.39 feet to the POINT OF BEGINNING and containing 0.1450 Acres, more or less. Holmes Street Abandonment That portion of Holmes Street bounded on the South by Bonham Street, on the East by Block 31 of Van Wormer Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 1, Page 16, Map Records, Jefferson County, Texas, on the West by Block 32 of the said Van Wormer Addition and on the North by that certain called 5.804 acre tract of land as described in a deed from Southern Pacific Transportation Company to Tideland Specialty as recorded in Volume 2039, Page 43, Deed Records, Jefferson County, Texas. Approximately 0.22 Acres. Archie Street Abandonment That portion of Archie Street bounded on the South by Bonham Street, on the East by Block 30 of Van Wormer Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 1, Page 16, Map Records, Jefferson County, Texas, on the West by Block 31 of the said Van Wormer Addition and on the North by the remainder of that certain called 11.4488 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. Approximately 0.14 Acres. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT:City of Beaumont DOMINANT TENEMENT OWNER:City of Beaumont LOCATION:Portions of South, between Ewing St. & Magnolia Ave., Archie & Holmes Streets. EXISTING ZONING:CBD (Central Business District) and GC-MD (General Commercial – Multiple-Family Dwelling) Districts. PROPERTY SIZE:~1.04 Acres EXISTING LAND USES:Vacant FLOOD HAZARD ZONE:X – Area determined to be outside the 500-year floodplain. SURROUNDING LAND USES:SURROUNDING ZONING: NORTH: CommercialGC-MD (General Commercial – Multiple-Family Dwelling) EAST: CommercialCBD (Central Business District) SOUTH: Event CenterCBD WEST: Vacant CBD COMPREHENSIVE PLAN:Special District (CBD) STREETS:South Street – Local Street with right-of-way of varying width and 18’ pavement width in portions, undeveloped in others. Archie Street—Local undeveloped 60’ wide right-of- way. Holmes Street – Local undeveloped 60’ wide right-of- way. DRAINAGE:Open ditch or none WATER:1.5” water line in South St., 8” line in Holmes St. Fire hydrant in Archie St. SANITARY SEWER SERVICE:6” sanitary sewer line in South St. 2 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:July 11, 2023 REQUESTED ACTION:Council consider a request for a Rezoning from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) or a more restrictive district for property located north of 2360 S. Major Drive. BACKGROUND Sabole Vishnu Vandana is requesting approval for a Rezoning from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling - Highest Density) for the property located just north of 2360 S. Major Drive. The applicant intends to construct an apartment complex containing 150 units. Although the majority of neighboring properties are either vacant or occupied by single-family homes, Major Drive is a major arterial and this area is recognized as a neighborhood growth unit. As such, multi-family zoning would be an acceptable use and transition into residential neighborhoods. At a Joint Public Hearing held on June 26, 2023, the Planning Commission recommended 5:2 to approve the request for a Rezoning from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) or a more restrictive district for property located north of 2360 S. Major Drive. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Legal Description and Staff Report. 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 2360 S. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; 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 2360 S. Major Drive, being Lot 5 and the north part of Lot 6, Block 7, Wescalder Fig Acres, Beaumont, Jefferson County, Texas, containing 7.436 acres, more or less, as shown on A 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 11thday of July, 2023. - Mayor Roy West - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 5 and the north part of Lot 6, Block 7, Wescalder Fig Acres, Beaumont, Jefferson County, Texas, containing 7.436 acres, more or less. 3 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:July 11, 2023 REQUESTED ACTION:Council consider a request for a Specific Use Permit to allow a gaming facility in the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 39 N. 11th Street, Suite B. BACKGROUND Courtney Watson requests approval for a Specific Use Permit to allow a gaming facility located at 39 N. 11th Street, Suite B. Ms. Watson intends to install fourteen (14) gaming machines. Hours of operation will be 10am to 10pm, Monday through Sunday. Plans are to staff this location with one fulltime employee and one security person. It should be noted that gaming facilities that have five or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result, require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise, and traffic as well as safety considerations. As such, proximity to parks, schools and especially residential uses should be carefully considered in the review of gaming facilities. This property is in close proximity to BISD’s alternative campus at 88 Jaguar, and Lily of the Valley Missionary Baptist Church is located at 2856 Smart St. Additionally, the shared parking lot has forty-four (44) existing, legal spaces for the shopping plaza and the proposed gaming facility would require twenty-five (25) to thirty (30) of those spaces. An additional twenty-six (26) spaces are shown on the site plan, but overhang the City right-of-way and are not legal. Therefore, the overall shopping center only has 31% of the mnimum required parking, which may lead to conflict amongst tenants, per Engineering. At a Joint Public Hearing held on June 26, 2023, the Planning Commission recommended 7:0 to deny the request for a Specific Use Permit to allow a gaming facility in the GC-MD (General Commercial- Multiple Family Dwelling) District for property located at 39 N. 11th Street, Suite B. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the ordinance. ATTACHMENTS Legal Description and Staff Report. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GAMING SITE IN A GC-MD (GENERAL COMMERICAL-MULTIPLE FAMILY DWELLING) TH DISTRICT AT 39 N. 11 STREET, SUITE B IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Courtney Watson has applied for a specific use permit to allow a gaming site in a GC-MD (General Commercial-Multiple Family Dwelling) District at 39 N. th 11 Street, Suite B, Being Plat C-6, Tracts 9, 9-B & 63, N. Tevis Survey, Beaumont, Jefferson County, Texas, containing 2.29 acres, more or less attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending denial of a specific use permit to allow a gaming site in an GC-MD (General Commercial-Multiple Family Dwelling) District at 39 th N. 11 Street, Suite B; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a gaming site 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 gaming site in a GC-MD (General Commercial- th Multiple Family Dwelling) District at 39 N. 11 Street, Suite B, Being Plat C-6, Tracts 9, 9-B & 63, N. Tevis Survey, Beaumont, Jefferson County, Texas, containing 2.29 acres, more or less, is hereby granted to Courtney Watson, their legal representatives, made a part hereof for all purposes. 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 11th day of July, 2023. _______________________________ - Mayor Roy West - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Plat C-6, Tracts 9, 9-B & 63, N. Tevis Survey, Beaumont, Jefferson County, Texas, containing 2.29 acres, more or less. 4 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:July 11, 2023 REQUESTED ACTION:Council consider a request for a Specific Use Permit to allow a duplex in an RS (Residential Single Family Dwelling) District for property located at 10720 Sherwood Drive. BACKGROUND Loan Duong representing Tien Tran is requesting a Specific Use Permit to allow a duplex at 10720 Sherwood Drive. This property is located within the RS (Residential - Single-Family Dwelling) district and as such a two-family dwelling requires a Specific Use Permit. The structure will be one-story with two units for a combined total of 2,420 square feet. At a Joint Public Hearing held on June 26, 2023, the Planning Commission recommended 5:2 to approve the request for a Specific Use Permit to allow a duplex in an RS (Residential Single Family Dwelling) District for property located at 10720 Sherwood Drive, with the following condition: 1. The lot shall be graded to drain towards the street and not onto adjacent properties. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following condition: 1. The lot shall be graded to drain towards the street and not onto adjacent properties. ATTACHMENTS Legal Description and Staff Report. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DUPLEX IN A RS (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 10720 SHERWOOD DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Loan Duong representing Tien Tran has applied for a specific use permit to allow a duplex in a RS (Residential Single-Family Dwelling) District located at 10720 Sherwood Drive, being Lot 6, Block C, Pine Island Bayou Estates, Beaumont, Jefferson County, Texas, containing 0.34 acres, more or less, 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 duplex in a RS (Residential Single-Family Dwelling) District located at 10720 Sherwood Drive, subject to the following condition: 1. The lot shall be graded to drain towards the street and not onto adjacent properties; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a duplex 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 duplex in a RS (Residential Single-Family Dwelling) District located at 10720 Sherwood Drive, being Lot 6, Block C, Pine Island Bayou Estates, Beaumont, Jefferson County, Texas, containing 0.34 acres, more or less, is hereby granted to Loan Duong representing Tien Tran, their hereto and made a part hereof for all purposes, subject to following condition: 1. The lot shall be graded to drain towards the street and not onto adjacent 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 as , 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 11th day of July, 2023. _______________________________ - Mayor Roy West - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 6, Block C, Pine Island Bayou Estates, Beaumont, Jefferson County, Texas, containing 0.34 acres, more or less. 5 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:July 11, 2023 REQUESTED ACTION:Council consider a request for a Rezoning from GC-MD (General Commercial-Multiple Family Dwelling) to C-M (Commercial- Manufacturing) or a more restrictive district for property located at 5190 Forsythe Street. BACKGROUND Troy Hatch is requesting approval for a Rezoning from GC-MD (General Commercial – Multiple-Family Dwelling) to C-M (Commercial – Manufacturing) for the property at 5190 Forsythe Street. At a Joint Public Hearing held on June 26, 2023, the Planning Commission recommended 7:0 to approve the request for a Rezoning from GC-MD (General Commercial-Multiple Family Dwelling) to C-M (Commercial-Manufacturing) or a more restrictive district for property located at 5190 Forsythe Street, with the following condition: 1. No vehicles to be stored outside of the fence. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following condition: 1. No vehicles to be stored outside of the fence. ATTACHMENTS Legal Description and Staff Report. 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 GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT TO C-M (COMMERCIAL MANUFACTURING) DISTRICT FOR PROPERTY LOCATED AT 5190 FORSYTHE STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; 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 GC-MD (General Commercial-Multiple Family Dwelling) District to C-M (Commercial Manufacturing) District for property located at 5190 Forsythe Street, being Lots 1-4, Block 17, Sunnyside Addition, Beaumont, Jefferson County, Texas, containing 0.344 acres, more or less, as shown on A 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 with the following condition: 1. No vehicles to be stored outside the fence. 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 11thday of July, 2023. - Mayor Roy West - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 1-4, Block 17, Sunnyside Addition, Beaumont, Jefferson County, Texas, containing 0.344 acres, more or less. 6 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:July 11, 2023 REQUESTED ACTION:Council consider a resolution approving a contract to Vortex Companies for the repair of the 5-ft by 7-ft oval-shape storm line on Long Avenue. BACKGROUND This storm line, due to age and poor soil conditions, has many defects and requires rehabilitation of the interior of the pipe. Previously awarded projects addressed a point repair and the stabilization of the soils surrounding the storm line where large voids and cavities had formed due to the defects in the line that allow soil migration. This project is the final step in the rehabilitation of this storm line located under the center of the road from Pine Street to MLK Parkway. This storm line is critical infrastructure for the City as many of the streets comprising the MLK Neighborhood area drain to the Neches River through this line. With this storm line being in close proximity to the rail line, that is also in the center of the road, it is important to fully rehabilitate this line so that future rail operations are not interrupted. The proposed rehabilitation consists of a structural lining of approximately 3,190 linear feet of line. Based on a review of the proposal, the Public Works Engineering staff recommends awarding the contract to Vortex Companies, of Houston, in the amount of $3,932,804.26. Vortex has successfully performed similar storm line rehabilitation work for the City. The proposal was obtained through the HGACBuy Cooperative. A total of 85 calendar days are allocated for the completion of this project. Because of urgency, the fund balance will be used for the repairs of the Long Avenue Storm Sewer. The Long Avenue Storm Sewer Repair project has been placed in the proposed CIP budget for the coming fiscal year. Assuming the item is approved, the City will reimburse the fund after bonds have been issued. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. ATTACHMENTS 7-11-23 Agenda Attachment - Long Street Emergency Cavity Repair 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 approve a contract with Vortex Companies of Houston, Texas for the repair of the 5-ft by 7-ft oval-shaped storm line on Long Avenue in the amount of $3,932,804.26. 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 11thday of July, 2023. - Mayor Roy West - To:City Of Beaumont Contact:David Tingle Address:801 Main Street Phone:409.880.3720 Room 315 Email:David.Tingle@BeaumontTexas.Gov Project Name:TX - Beaumont - 7.5'Hx5'W Storm Rehab HGAC #TP07-18 Bid Number:2212787-1 Project Location:Beaumont, TX Bid Date:6/29/2023 This bid proposal is based on HGAC contract #TP07-18 Item #Estimated QuantityItem DescriptionUnitUnit PriceTotal Price A4378" Clean And TV Storm Sewer3,190.00LF$25.00$79,750.00 B2378" SANITARY PIPE - VLS REHABILITATION3,190.00LF$895.00$2,855,050.00 B37REBUILD INVERT / WALL PATCHES1,332.00CF$75.00$99,900.00 P15Travel And Mobilization- TML Region 16 (Golden Pine & 1.00EACH$4,784.00$4,784.00 Oil-Beaumont) J2Set Up 6" Pump And Piping Including Up To 1000 Feet8.00EACH$4,800.00$38,400.00 Of Bypass Discharge Line J11Operate 6" Pumping System Per Pump164.00DY$1,200.00$196,800.00 B35Infiltration Control- Chemical Grout - * To Be Billed As0.00GAL$100.00$0.00 Needed B36INFILTRATION CONTROL- QUAD-PLUG - * To Be Billed0.00EACH$50.00$0.00 As Needed F51High Density Urethane For Grouting, Slab Lifting, Void50,000.00LB$12.00$600,000.00 Filling, Pipe Sealing Etc.(500lb.min) Bid Price Subtotal: $3,874,684.00 Total Performance & Payment Bond 1.50%:$58,120.26 Total Bid Price:$3,932,804.26 Notes: ss / or flow control beyond these efforts or greater than 1500 GPM will be provided by Others. cture. This may include but not limited locating, exposing, and raising buried MH's prior to our crew mobilizing. During our site walk, we were unable to locate any manholes to access the pipe from Center Street to Grand Street. We believe there maybe 1 or two burried manholes that we will need the owner to uncover and raise to grade before we mobilize.We will make every effort to complete the work with current access limitations. is not included. greater than 10% of the bid quantities, Vortex reserves the right to adjust our unit price accordingly. or Union Wage Rates are not included in this bid proposal. oposal. In the event of unforeseen price increases of our raw materials, Vortex reserves the right to adjust our unit rate or overall bid proposal accordingly to account for such price increases. e owner is exempt, we will need them to provide an exemption certificate prior to contract execution. Service Tax is not included. If required, it will be invoiced separately. Vortex's bid proposal shall be incorporated into the Purchase Order agreement. Vortex will initiate this project upon an agreement or receipt of a purchase order. Page 1 of 2 Scope of work performed by VLS: Proposal does NOT include following: on site 24 hours a day for the duration of the project. General Notes & Conditions: private events; Utility conflicts or relocations not within our scope, any work stoppages outside the control of VLS) will result in additional fees of $10,000/day. of a "runner" or "gusher", as defined by NASSCO's Pipeline Assessment Certification Program. Runner - water running into the sewer through a faulty joint or pipe wall. A continuous flow will be visible. Gusher - water entering the pipe "under pressure" through a defect or faulty joint. estimated quantity and the final invoiced CF will be based on inplace quantities. e the debris that is pulled from the cleaning process after it is decanted. Disposal site must be less than 10 miles away from job site. can be performed without bypass and completed with the 4-12" of standing water. If conditions change, and bypass is required in order to clean / cctv the pipe, additional bypass efforts will be paid at the above unit rates. provide Railwaypermits and Railroad Flaggers (if required). ACCEPTED:CONFIRMED: The above prices, specifications and conditions are satisfactory and Vortex Lining Systems are hereby accepted. Buyer: Authorized Signature: Signature: Date of Acceptance:Estimator: Nate Kennedy (832) 392-1816 nkennedy@vortexcompanies.com Page 2 of 2 7 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Kenneth Raggette, Director of Parks and Greenspaces MEETING DATE:July 11, 2023 REQUESTED ACTION:Approval of the purchase and installation of Playground equipment for Babe Zaharias Park from Kraftman Commerical Playgrounds & Water Parks of Spring, TX and the purchase and installation of Playground equipment for Combest Park from GameTime c/o Cunningham Recreation of Charlotte, NC. BACKGROUND Babe Zaharias Park playground will be a new install while Combest Park playground is a replacement of the current playground. Babe Zaharias Park playground equipment cost is $79,403.51 and the cost for Combest Park playground equipment is $45,667.70. On February 21, 2023 Council approved $1.4 million for Park improvements. FUNDING SOURCE Capital Reserve RECOMMENDATION Recommend Approval ATTACHMENTS RESOLUTION NO. CIT THAT the City Manager be and he is hereby authorized to the purchase and the installation of playground equipment for Babe Zaharias Park from Kraftman Commercial Playgrounds & Water Parks of Spring, Texas in the amount of $79,403.51 and Combest Park from GameTime c/o Cunningham Recreation of Charlotte, North Carolina in the amount of $45,667.70 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 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11thday of July, 2023. - Mayor Roy West - Kraftsman QUOTE #Q77525 COMMERCIAL PLAYGROUNDS &Date: 05/30/2023 WATER PARKS Project: 28624 19535 Haude Road Created By: Ryan Slott Spring, TX 77388 Quote Name: Option 2 W/Bonding Phone: (281) 353-9599 Fax: (281) 353-2265 Page 1 of 5 BILL TOSHIP TO Beaumont, City of 409-880-3792 Mr. Kenneth Raggette Babe Zaharias Park - PlaygroundBabe Zaharias Park - Playground 1848 Pine Street1750 Interstate 10 East Beaumont, TX 77703Beaumont, TX 77702 Terms: Percentage Completed Draws QTYCodeDescriptionSizeWeightColor Option 2 Drawing:KPS-28424-2 Sheet:K.2 Date:12.1.2022 DISCBBProposal includes Discount on BuyBoard Purchase, BuyBoard Contract #679-22 Playground 1PS3-70570Playunit for ages 2 to 12 years old, by Superior Playgrounds Safety Surfacing 62EWFEngineered Wood Fiber for playgroundscu. yd.Natural 1APS-SWINGMATSwing Wear Mat, 3'x5'x2", by Action Play Systems3’x5’x2”135 2APS-Swing/Slide Wear Mat, 40”x40”x1.5”, by Action Play Systems40”x40”65 SWING/SLIDEx1.5” MAT 1FABRICPolyspun Soil Separator, 1800 SF.6’x300’40 ADA Ramp/Borders 33APS-BORDER1212”x4’ Playground Border with Spike by Action Play Systems12”black 1APS-ADA Full Ramp System with spikes for use with 8” or 12” borders by Action Playblack ADAFULLRAMPSystems 1BOND1Performance & Payment Surety Bond, and processing of the bond documentation. Total:$79,403.51 Initials Kraftsman QUOTE #Q77525 COMMERCIAL PLAYGROUNDS &Date: 05/30/2023 WATER PARKS Project: 28624 19535 Haude Road Created By: Ryan Slott Spring, TX 77388 Quote Name: Option 2 W/Bonding Phone: (281) 353-9599 Fax: (281) 353-2265 Page 2 of 5 Special Terms and Conditions Items not included: These items are not included: · Finish landscaping, sodding or seeding of disturbed areas. All disturbed areas to be leveled and raked out. · Concrete lead walks or adjoining observation concrete deck areas. · Excavation and Drainage of area for fall surfacing. · Removal of existing fall surface materials. · Removal of existing equipment. · Storm Water Pollution Controls for project site. · Temporary security fence during construction. · Site usage signage for use instructions, rules, safety, or emergency notifications as needed or required. · Shade systems or site amenities. Buy Board: Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts. Sales Tax Exempt: Sales tax is not included in prices quoted. Customer is to supply Sales Tax Exemption or Sales Tax Resale certificate at time of acceptance of proposal, or sales tax will be added to final contract and invoicing for the project. Insurance Terms: Kraftsman will supply a certificate of insurance verifying the limits of coverage. See terms page for details and charges for naming additional insured parties or adding special coverage’s if required. Credit Card terms: If paying by American Express, there is a 6% processing fee charge. If paying by Visa or Master Card, there is a 4% processing fee charge. Monthly Progress Billings All work completed and materials stored as of the last day of the month shall be billed on or before the 25th of said month. Payments to be received by the 15th of the following month. Shipping Charges Unless noted otherwise on quote, all shipping and handling charges on quote are firm for duration of 90 days. Delivery and Unloading: If Installation is purchased: Kraftsman is responsible for ensuring that adequate staff and equipment resources are available for timely off-loading, safe handling, and secure storage of equipment upon receipt from motor freight carrier of installed product shipments. Unloading of materials from the truck will potentially require material handling equipment, i.e. forklift, pallet jack(s), to properly remove equipment from the delivery truck. In Most Cases when Kraftsman is installing a project the product will be received at Kraftsman’s Warehouse and stored until needed on the project. Then transported to the site at the time of installation. Initials Kraftsman QUOTE #Q77525 COMMERCIAL PLAYGROUNDS &Date: 05/30/2023 WATER PARKS Project: 28624 19535 Haude Road Created By: Ryan Slott Spring, TX 77388 Quote Name: Option 2 W/Bonding Phone: (281) 353-9599 Fax: (281) 353-2265 Page 3 of 5 Locating for Underground Utilities: · Kraftsman will call and arrange for utility locating with the public utilities stake out providers. All Public Utilities, including Phone, Electrical, Gas, Cable, and Fiber Optics are to be staked prior to installation. Kraftsman will arrange with Public Utility Stake Out providers for a date that this is to be completed prior to Kraftsman arriving on site. · Customer is to locate, mark, and provide information for all privately owned utilities that are not marked by the Public Utility providers, for all utility service lines below grade that are privately owned. These will include any and all of the following: electrical, water lines, gas lines, irrigation lines, sewer and storm lines, cable service lines, fiber optic or other IT lines, which are privately owned by the property owner. · Kraftsman is not responsible for any underground utilities which are not marked or located by the owner or public utilities stake out providers. Damages to underground utilities for electrical, water, irrigation, and other listed above will not be repaired by Kraftsman and will be the owner’s expense and responsibility. Installation: Installation quoted includes: Receiving and unloading of equipment, excavation of required footings, assembly of structure, concrete for footings, and all equipment necessary for installation. Project Completion: Allow 2 to 4 weeks for preparation of plans, drawings, and submittals after acceptance of proposal provided that the following has been completed and approved by the customer: · Project product submittals reviewed, approved and returned. · Completed Color selection sheet (signed and dated) · Physical project address · All contact names and phone numbers · Exemption certificate · Deposit per contract Allow adequate time for processing and procuring construction permits if required. Allow approximately 3 to 6 weeks for project completion upon equipment delivery from manufacturer, issuance of building permits if required, weather permitting. Lead Times: Lead Times are after approval of all Initial submittals/colors, and begin once the order is placed with the manufacturer. Superior Playground - lead time for items to ship is 8-9 weeks for steel playgrounds Force Majeure: Each Party shall be excused from liability for the failure or delay in performance of any obligation under this Agreement (other than failure to make payment when due) by reason of any event beyond such Party’s reasonable control including but not limited to Acts of God, fire, flood, explosion, earthquake, pandemic flu, or other natural forces, governmental orders or directives, war, civil unrest, acts of terrorism, accident, destruction or other casualty, any lack or failure of transportation facilities, any lack or failure of supply of raw materials, or any other event similar to those enumerated above. Such excuse from liability shall be effective only to the extent and duration of the event(s) causing the failure or delay in performance and provided that the Party has not caused such event(s) to occur. Notice of a Party’s failure or delay in performance due to force majeure must be given to the other Party within (20) days after its occurrence has become identified by the Party. All delivery dates under this Agreement that have been affected by force majeure shall be tolled for the duration of such force majeure. In no event shall any Party be required to prevent or settle any labor Bonding Included: Performance and Payment bonds are included in this quote and will be provided after a signed quote or contract is returned to Kraftsman. Maintenance Bonds are not included. Initials Kraftsman QUOTE #Q77525 COMMERCIAL PLAYGROUNDS &Date: 05/30/2023 WATER PARKS Project: 28624 19535 Haude Road Created By: Ryan Slott Spring, TX 77388 Quote Name: Option 2 W/Bonding Phone: (281) 353-9599 Fax: (281) 353-2265 Page 4 of 5 Initials Kraftsman QUOTE #Q77525 COMMERCIAL PLAYGROUNDS &Date: 05/30/2023 WATER PARKS Project: 28624 19535 Haude Road Created By: Ryan Slott Spring, TX 77388 Quote Name: Option 2 W/Bonding Phone: (281) 353-9599 Fax: (281) 353-2265 Page 5 of 5 General Terms and Conditions Bill To:Ship To: Beaumont, City of Terms: Percentage Completed Draws CONDITIONS OF SALE 1.Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the contract. 2.No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman. All returns are subject to restocking fee of 25% plus freight charges incurred for return to original shipment origination. 3.Title for all equipment is reserved by Kraftsman Commercial Playgrounds and Water Parks until payment in full is received. The right to enter the property and repossess said equipment is hereby granted to Kraftsman Commercial Playgrounds and Water Parks if payment is not rendered in accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to Kraftsman Commercial Playgrounds and Water Parks as cost incurred to recover the equipment. Repossession of product does not waive any damages or costs due as awarded by the court. 4.All collections or litigation concerning this contract shall be governed by the laws of the State of Texas, with venue in Harris County. 5.Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and workmanship. See catalogs or attached drawings for specific layouts, warranties, and specifications. 6.Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors. 7.A service charge of 1.5% per month will be assessed on all past due amounts. 8.Payments to Kraftsman by credit card will incur a processing fee of 4% for Visa and MasterCard, and 6% for American Express 9.Installation services include all labor, equipment required to complete the job, and insurance coverage’s as required by law. Extra installation charges will incur for abnormal sub surfaces, ie. rock, landfill, etc. Price quoted includes Kraftsman’s standard insurance coverages of $2 million in General Liability & Completed operations, $1 million in Automobile Liability, $1 million per occurrence/$2 aggregate in Workman’s Compensation. Any charges by Kraftsman’s insurance carrier or agents for adding General Contractor or Owner as additional insured, waivers of subrogation, or changes to standard coverage shall be added to contract charges. No performance bond or labor and material payment bonds shall be provided by Kraftsman, unless listed as individual line item in proposal. 10.Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities, and irrigations systems during installation. It is the customers responsibility to locate all underground utilities. 11.Building permits required by local or state authorities & municipalities are not included and are the responsibility of the owner of the property, unless specifically included as a line item in the proposal. If you want Kraftsman to handle required permitting please contact our office and we will provide a quote if not included as a line item within this proposal. 12.This proposal may be withdrawn by Kraftsman if not accepted within thirty (30) days. Respectfully Submitted Date May 30, 2023 Ryan Slott Acceptance of Proposal: The prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. If contract is placed with an attorney for suit or collection through probate, bankruptcy or other legal proceedings, customer agrees to pay all expenses and reasonable attorney fees incurred. Any verbal instructions, agreements, or promises are not valid unless written as part of this contract. Authorized SignaturePO#: Printed Name & Title Date of Acceptance Authorized Signature Printed Name & Title WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY & FITNESS EQUIPMENT Thank You! We Appreciate Your Business! Kraftsman QUOTE #Q76598 COMMERCIAL PLAYGROUNDS &Date: 03/16/2023 WATER PARKS Project: 29059 19535 Haude Road Created By: Ryan Slott Spring, TX 77388 Quote Name: 3-Bay Arch Swings Phone: (281) 353-9599 Fax: (281) 353-2265 Page 1 of 5 BILL TOSHIP TO Beaumont, City of 409-880-3792 Mr. Kenneth Raggette Babe Zaharias - SwingsBabe Zaharias - Swings 1848 Pine Street1750 Interstate 10 East Beaumont, TX 77703Beaumont, TX 77702 Terms: Net 30 days QTYCodeDescriptionSizeWeightColor Location (TBD) Drawing:KPS-29059 Sheet:K.2 Date:3.14.2023 DISCBBProposal includes Discount on BuyBoard Purchase, BuyBoard Contract #679-22 Swings 1TFR3503XXArched swing frame 3.5”, 3 bays, by Superior Playgrounds 290015108XXBelt swing seats, molded belt seats with galvanized triangle hardware and high carbon8’ beamred, yellow, steel spring inserts. Includes galvanized chain and hardware for 8 ft swing frame (soldgreen, blue, as a set of two), by Superior Playgroundsblack or tan 1TFR0662XXSee Me Swing for ages 24-47 months by Superior Playgrounds 1KBUCKETSWINSingle Full Bucket Swing Seat, High Back, with chain and connection hardware G 5APS-SWINGMATSwing Wear Mat, 3'x5'x2", by Action Play Systems3’x5’x2”135 Surfacing 84EWFEngineered Wood Fiber for playgroundscu. yd.Natural 1FABRICPolyspun Soil Separator, 1800 SF.6’x300’40 39APS-BORDER1212”x4’ Playground Border with Spike by Action Play Systems12”black 1APS-ADA Half Ramp System for use with 8” or 12” borders by Action Play Systemsblack ADAHALFRAMP 1BOND1Performance & Payment Surety Bond, and processing of the bond documentation. NOTELocation to be approved by Kraftsman prior to acceptance of proposal to ensure accessibility and location is acceptable for installation Total:$26,783.62 Initials Kraftsman QUOTE #Q76598 COMMERCIAL PLAYGROUNDS &Date: 03/16/2023 WATER PARKS Project: 29059 19535 Haude Road Created By: Ryan Slott Spring, TX 77388 Quote Name: 3-Bay Arch Swings Phone: (281) 353-9599 Fax: (281) 353-2265 Page 2 of 5 Special Terms and Conditions Delivery and Unloading: Customer is responsible for insuring that adequate staff and equipment resources are available for timely off-loading, safe handling, and secure storage of equipment upon receipt from motor freight carrier of direct delivery shipments. Unloading of materials from the truck will potentially require material handling equipment, i.e. forklift, pallet jack(s), to properly remove equipment from the delivery truck. Delivery drivers are not required, or provided for unloading the materials/product from the truck. Kraftsman is not responsible for unloading said items. Items not included: These items are not included: · Finish landscaping, sodding or seeding of disturbed areas. All disturbed areas to be leveled and raked out. · Concrete lead walks or adjoining observation concrete deck areas. · Excavation and Drainage of area for fall surfacing. · Removal of existing fall surface materials. · Removal of existing equipment. · Storm Water Pollution Controls for project site. · Temporary security fence during construction. · Site usage signage for use instructions, rules, safety, or emergency notifications as needed or required. · Shade systems or site amenities. Buy Board: Proposal is submitted with applicable discounts per Buy Board program to reflect established discounts. Sales Tax Exempt: Sales tax is not included in prices quoted. Customer is to supply Sales Tax Exemption or Sales Tax Resale certificate at time of acceptance of proposal, or sales tax will be added to final contract and invoicing for the project. Insurance Terms: Kraftsman will supply a certificate of insurance verifying the limits of coverage. See terms page for details and charges for naming additional insured parties or adding special coverage’s if required. Credit Card terms: If paying by American Express, there is a 6% processing fee charge. If paying by Visa or Master Card, there is a 4% processing fee charge. Monthly Progress Billings All work completed and materials stored as of the last day of the month shall be billed on or before the 25th of said month. Payments to be received by the 15th of the following month. Shipping Charges Unless noted otherwise on quote, all shipping and handling charges on quote are firm for duration of 90 days. Delivery and Unloading: If Installation is purchased: Kraftsman is responsible for ensuring that adequate staff and equipment resources are available for timely off-loading, safe handling, and secure storage of equipment upon receipt from motor freight carrier of installed product shipments. Unloading of materials from the truck will potentially require material handling equipment, i.e. forklift, pallet jack(s), to properly remove equipment from the delivery truck. In Most Cases when Kraftsman is installing a project the product will be received at Kraftsman’s Warehouse and stored until needed on the project. Then transported to the site at the time of installation. Initials Kraftsman QUOTE #Q76598 COMMERCIAL PLAYGROUNDS &Date: 03/16/2023 WATER PARKS Project: 29059 19535 Haude Road Created By: Ryan Slott Spring, TX 77388 Quote Name: 3-Bay Arch Swings Phone: (281) 353-9599 Fax: (281) 353-2265 Page 3 of 5 Locating for Underground Utilities: · Kraftsman will call and arrange for utility locating with the public utilities stake out providers. All Public Utilities, including Phone, Electrical, Gas, Cable, and Fiber Optics are to be staked by 811 prior to work done by Kraftsman. Kraftsman will arrange with Public Utility Stake Out providers for a date that this is to be completed prior to Kraftsman arriving on site. · Customer is to locate, mark, and provide information for all privately owned utilities that are not marked by the Public Utility providers, for all utility service lines below grade that are privately owned. These will include any and all of the following: electrical, water lines, gas lines, irrigation lines, sewer and storm lines, cable service lines, fiber optic or other IT lines, which are privately owned by the property owner. · Kraftsman is not responsible for any underground utilities which are not marked or located by the owner or public utilities stake out providers. Damages to underground utilities for electrical, water, irrigation, and other listed above will not be repaired by Kraftsman and will be the owner’s expense and responsibility. Installation: Installation quoted includes: Receiving and unloading of equipment, excavation of required footings, assembly of structure, concrete for footings, and all equipment necessary for installation. Project Completion: Allow 2 to 4 weeks for preparation of plans, drawings, and submittals after acceptance of proposal provided that the following has been completed and approved by the customer: · Project product submittals reviewed, approved and returned. · Completed Color selection sheet (signed and dated) · Physical project address · All contact names and phone numbers · Exemption certificate · Deposit per contract Allow adequate time for processing and procuring construction permits if required. Allow approximately 3 to 6 weeks for project completion upon equipment delivery from manufacturer, issuance of building permits if required, weather permitting. Lead Times: Lead Times are after approval of all Initial submittals/colors, and begin once the order is placed with the manufacturer. Superior Playground - lead time for items to ship is 14 weeks for steel playgrounds Force Majeure: Each Party shall be excused from liability for the failure or delay in performance of any obligation under this Agreement (other than failure to make payment when due) by reason of any event beyond such Party’s reasonable control including but not limited to Acts of God, fire, flood, explosion, earthquake, pandemic flu, or other natural forces, governmental orders or directives, war, civil unrest, acts of terrorism, accident, destruction or other casualty, any lack or failure of transportation facilities, any lack or failure of supply of raw materials, or any other event similar to those enumerated above. Such excuse from liability shall be effective only to the extent and duration of the event(s) causing the failure or delay in performance and provided that the Party has not caused such event(s) to occur. Notice of a Party’s failure or delay in performance due to force majeure must be given to the other Party within (20) days after its occurrence has become identified by the Party. All delivery dates under this Agreement that have been affected by force majeure shall be tolled for the duration of such force majeure. In no event shall any Party be required to prevent or settle any labor Initials Kraftsman QUOTE #Q76598 COMMERCIAL PLAYGROUNDS &Date: 03/16/2023 WATER PARKS Project: 29059 19535 Haude Road Created By: Ryan Slott Spring, TX 77388 Quote Name: 3-Bay Arch Swings Phone: (281) 353-9599 Fax: (281) 353-2265 Page 4 of 5 Storage Fees: Please review lead times for production and shipping, If for whatever reason customer or customer's site is not ready for installation of product within 4 weeks of arrival from manufacturer at Kraftsman warehouse, a storage fee equal to 2% of the product will be incurred monthly to be paid at time of installation. Bonding Included: Performance and Payment bonds are included in this quote and will be provided after a signed quote or contract is returned to Kraftsman. Maintenance Bonds are not included. Initials Kraftsman QUOTE #Q76598 COMMERCIAL PLAYGROUNDS &Date: 03/16/2023 WATER PARKS Project: 29059 19535 Haude Road Created By: Ryan Slott Spring, TX 77388 Quote Name: 3-Bay Arch Swings Phone: (281) 353-9599 Fax: (281) 353-2265 Page 5 of 5 General Terms and Conditions Bill To:Ship To: Beaumont, City of Terms: Net 30 days CONDITIONS OF SALE 1.Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the contract. 2.No returns of merchandise will be accepted unless previously authorized in writing by Kraftsman. All returns are subject to restocking fee of 25% plus freight charges incurred for return to original shipment origination. 3.Title for all equipment is reserved by Kraftsman Commercial Playgrounds and Water Parks until payment in full is received. The right to enter the property and repossess said equipment is hereby granted to Kraftsman Commercial Playgrounds and Water Parks if payment is not rendered in accordance with the terms above. All payments made prior to repossession under this contract shall be forfeited to Kraftsman Commercial Playgrounds and Water Parks as cost incurred to recover the equipment. Repossession of product does not waive any damages or costs due as awarded by the court. 4.All collections or litigation concerning this contract shall be governed by the laws of the State of Texas, with venue in Harris County. 5.Kraftsman warranties the merchandise on this proposal to be up to the manufacturers published standards as to material and workmanship. See catalogs or attached drawings for specific layouts, warranties, and specifications. 6.Kraftsman reserves the right to review contract for final acceptance by management and to make corrections of clerical errors. 7.A service charge of 1.5% per month will be assessed on all past due amounts. 8.Payments to Kraftsman by credit card will incur a processing fee of 4% for Visa and MasterCard, and 6% for American Express 9.Installation services include all labor, equipment required to complete the job, and insurance coverage’s as required by law. Extra installation charges will incur for abnormal sub surfaces, ie. rock, landfill, etc. Price quoted includes Kraftsman’s standard insurance coverages of $2 million in General Liability & Completed operations, $1 million in Automobile Liability, $1 million per occurrence/$2 aggregate in Workman’s Compensation. Any charges by Kraftsman’s insurance carrier or agents for adding General Contractor or Owner as additional insured, waivers of subrogation, or changes to standard coverage shall be added to contract charges. No performance bond or labor and material payment bonds shall be provided by Kraftsman, unless listed as individual line item in proposal. 10.Kraftsman Commercial Playgrounds and Water Parks is not liable for damages to underground utilities, and irrigations systems during installation. It is the customers responsibility to locate all underground utilities. 11.Building permits required by local or state authorities & municipalities are not included and are the responsibility of the owner of the property, unless specifically included as a line item in the proposal. If you want Kraftsman to handle required permitting please contact our office and we will provide a quote if not included as a line item within this proposal. 12.This proposal may be withdrawn by Kraftsman if not accepted within thirty (30) days. Respectfully Submitted Date March 16, 2023 Ryan Slott Acceptance of Proposal: The prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. If contract is placed with an attorney for suit or collection through probate, bankruptcy or other legal proceedings, customer agrees to pay all expenses and reasonable attorney fees incurred. Any verbal instructions, agreements, or promises are not valid unless written as part of this contract. Authorized SignaturePO#: Printed Name & Title Date of Acceptance Authorized Signature Printed Name & Title WE STRONGLY RECOMMEND A RESILIENT FALL SURFACE BE INSTALLED UNDER ALL PLAY & FITNESS EQUIPMENT Thank You! We Appreciate Your Business! 8 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:July 11, 2023 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to enter into an agreement with Garfield Public/Private LLC to conduct a market study, perform planning and design services, determine estimated costs and develop a business and financing plan related to the possible development of a hotel on property owned by the City. BACKGROUND For several decades the City has invested significantly in the redevelopment of Downtown Beaumont. As a result, Downtown Beaumont serves as the premier location for festivals, private events and arts and culture in Southeast Texas. However, one key element that Downtown Beaumont lacks that almost every successfully redeveloped downtown of this size has is a full- service hotel in its downtown. To that end, the City is seeking to move forward with additional research and study of this project with Garfield Public/Private LLC (GPP). The City partnered with GPP in December 2022 to conduct a market analysis for a hotel to be located on property owned by the City. That study has now been completed. The second phase of the process, being considered here, would cost $60,000 plus travel expenses of approximately $4,000 for preliminary design and planning of the hotel. This would include site visits, public input, renderings of the proposed hotel as well as a presentation of the project. FUNDING SOURCE General Fund RECOMMENDATION Approval ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on December 12, 2022, Council approved an agreement with Garfield Public/Private LLC; and, WHEREAS, an amendment to the Agreement is required to amend Section 1 (d) and Section 3 (a); WHEREAS, the Addendum is substantially in the form attached hereto as Exhibit ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute the Addendum to the Agreement with Garfield Public/Private LLC. 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 11th day of July, 2023. _______________________________ - Mayor Roy West - ADDENDUM TO PROFESSIONAL SERVICES PRE-DEVELOPMENT AGREEMENT CONVENTION CENTER AND HEADQUARTERS HOTEL Beaumont, Texas The Professional Services Agreement dated as of December 12, 2022, (the “Agreement”) is hereby modified by this Addendum, dated as of the date of execution by the City, as follows: 1.Section 1 Pre-Development Scope of Services and Schedule (d) shall be amended to read: GPP will engage the services of an architect acceptable to the City (“Architect”) to prepare a conceptual design package (including an initial conceptual masterplan of the hotel/convention district area) to include a building program, site plan, floor plans, elevations, section drawings, renderings, with architectural and engineering narratives (“Conceptual Design”) for the Project. This process will take approximately ninety (90) days beginning from the date of execution of this Addendum by the City and will include the following: a.Tour the site with the Architect; b.Investigate siting of the hotel; c.Coordinate the venue’s connection to the park, public parking, and other amenities; d.Produce plans and exhibits for an open house/charette with GPP and the Architect; e.Conduct a public open house/charette with GPP and the Architect to present renderings of the hotel for public input and comment; f.Produce and collect a public survey regarding the project; g.Present an initial master plan for the hotel site to City Council. The Conceptual Design will include recommended key count, mix of guestrooms and suites, amount and configuration of ballroom and meeting space, pre-function area, back-of-house requirements, food and beverage outlets, parking, and recommended amenities, which may include a swimming pool and pool deck, fitness center, and business center, among other facilities and amenities. The process described in this Section 1(d) may also be referenced as “Second Phase” herein, the First Phase being the completed Market Study. If the City decides in its sole discretion that the results of the First and Second Phases are favorable, the City may issue to GPP a notice to proceed with the Third Phase (as defined in Section 1(h)). The date of such notice to proceed may be referenced as the “Phase 3 Notice to Proceed Date” herein. GPP will contractually obligate the Architect to indemnify the City and GPP, as joint indemnitees, consistent with the provision of Chapter 130, Texas Civil Practices and Remedies Code, and Section 271.904, Texas Local Government Code, to maintain insurance (including errors and omission coverage) for the benefit of the City and GPP as additional insureds, in each case in form and substance not less than is customary for a City-operated design project with a similar scope. 2. Section 1 Pre-Development Scope of Services and Schedule (h) shall be amended to read: GPP will use its good faith best efforts to deliver its final report on the Project (“Final Report”) to the City within one hundred twenty (120) days of the Phase 3 Notice to Proceed Date. The Final Report will consist of the Conceptual Design, the Preliminary Project Pricing, the Preliminary Project Schedule, the Preliminary Project Operating Pro Forma, and the Preliminary Capital Plan of Finance. Notwithstanding anything to the contrary in this Section 1(h), in the event that the Final Report has not been delivered to the City within one hundred twenty (120) days of the Phase 3 Notice to Proceed Date, the City will have the right to terminate this Agreement and GPP will provide to the City all information it has developed to date in support of the Final Report. This Section 1(h), together with Section 1(e), Section 1(f), and Section 1(g) may also be referenced as the “Third Phase” herein. 3. Section 3 Costs (a) shall be amended to read: The City acknowledges that GPP will incur costs (including but not limited to those stated herein for the Second Phase and the Third Phase), as approved by the City, in connection with the services of the Architect, Contractor, and potentially other third-party consultants hereunder, subject to advance written approval of the City. The City will pay such costs in accordance with the City’s normal contract payment procedures. GPP will be paid $40,000.00 for the Market Study. The estimated cost for the Second Phase, as outlined in Section 1(d), shall consist of a combined amount of $60,000.00 plus no more than $4,000.00 for travel expenses. The estimated cost for the Third Phase shall be $92,000.00, including the costs of the services of the Contractor described in Section 1 Pre- Development Scope of Services and Schedule (e), any costs for services rendered by the Architect not already performed in the Second Phase, along with the balance of any fees due to GPP as contemplated in the Agreement. The City will have the right to access and copy any documents supporting the services provided by GPP, the Architect, Contractor, and third-party consultants pursuant to this Agreement. GPP will retain for review by the City, for a period of twenty-four (24) months following the termination of this Agreement, the financial records and reports regarding the work performed by GPP and the Architect, Contractor, and third-party consultants under this Agreement. All the aforesaid costs and fees will be included in the final budget for the Project, subject to approval by the City. 4. Section 4. Term; Termination (a) shall be amended to read: This Agreement will be effective as of the Effective Date and expire upon the earlier of the execution of the PSA or one hundred twenty (120) days from the Phase 3 Notice to Proceed Date. This Agreement may be terminated by either Party in its sole discretion and without cause, provided that the other Party is given not less than ten (10) calendar days’ written notice of intent to terminate. In the event of a termination under this Section by City, City will pay GPP Fee compensation owed, if any, through the end of the month in which termination occurs plus expenses incurred, but not yet paid, through the date of such termination. 5. For avoidance of doubt, the Parties acknowledge and agree that: (a) the additional scope of a charette and survey as described in Section 1(d), as amended, adds an additional cost of $15,000 not anticipated in the original Agreement; $10,000 or the $15,000 is being charged in the Second Phase with the balance of $5,000 payable in the Third Phase. (b) the time required to perform the scope of services as amended herein (the Second and Third Phases) is approximately two hundred ten (210) days from the date of execution of this Addendum, which time may be amended by the mutual written consent of the Parties in accordance with Section 5 of the Agreement; (c) the aggregate cost of the services to be performed under the Agreement as amended by this Addendum (including the First, Second and Third Phases) is estimated at $192,000 plus reimbursable Expenses, including the $4,000 for travel expenses during the Second Phase and other Expenses in accordance with Section 3(b) of the Agreement; (d) in accordance with the provisions of the Agreement, other costs may arise during the performance of the services contemplated by the Agreement and this Addendum due to the potential need to engage third-party consultants, in which case any such third-party services and the related costs must be approved in writing by the City on a case by case basis. Acknowledged and Agreed, GARFIELD PUBLIC/PRIVATE LLC A Texas limited liability company By: _____________________________________________ Date: ________________________ Title: Chief Development Officer City of Beaumont, Texas By: _____________________________________________ Date: _______________________ Title: City Manager