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HomeMy WebLinkAbout07/18/2023 PACKET REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JULY 18, 2023 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT 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 to consider approval of the July 11, 2023, City Council Meeting Minutes. B.Council consider a resolution approving annual contracts for the purchase of ready- mix concrete and heavy materials, for use by multiple City departments. C. Council consider a resolution approving the purchase of one fire truck. D. Council consider a resolution approving the purchase of 10 vehicles for use in the Police Department. E.Council consider a resolution approving the purchase of 14 vehicles for use in the Police Department and EMS. F. Council consider a resolution authorizing the City Manager to award a contract to Gulf Coast Electric Co., Inc. of Beaumont, TX, and execute Change Order No. 1 for the Rue Street Lift Station Electrical and Controls Improvements Project. REGULAR AGENDA 1.Council consider a request for a Specific Use Permit to allow a drinking place in the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3035 College Street, Suite A. 2.Council consider a resolution authorizing the City Manager to enter into an Industrial Development Agreement with Linde, Inc. in order to offer economic development incentives for a new industrial project. 3.Council consider a resolution authorizing the City Manager to award a contract to ALLCO, LLC, of Beaumont, TX, and execute Change Order No. 1 for the Pine Street 48-Inch Raw Water Line Project. 4.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.), and payment in the amount of $3,460.00 for unpaid weed abatement charges, waiving litter lien interest in the amount of $141.09, and waiving weed abatement charges in the amount of $4,373.75. PUBLIC HEARING City Council, after conducting a public hearing, consider an ordinance to declare the following 46 structures to be unsafe structures and order the owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full, or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance. REGULAR AGENDA City Council, after conducting a public hearing, consider an ordinance to declare the following 46 structures to be unsafe structures and order the owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full, or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance. WORK SESSION Discuss changes to City Council Meetings time and format PUBLIC COMMENT - MISC COUNCIL COMMENTS EXECUTIVE SESSION To discuss and or deliberate economic development negotiations in accordance with Section 551.087 of the Government Code to wit; specifically: “Project Riverfront” 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. PUBLIC HEARING: July 18, 2023 Unsafe Substandard Structures Consider approval of an ordinance declaring certain structures to be unsafe substandard structures and ordering their removal within 10 days or authorizing the property owner to enroll the unsafe structure in a work program. 1. 1715 Mcfaddin (on the lot of 592 2ND st) -structure 2. 205 E. Alma—includes shed 3. 2350 Angelina—garage apartment only 4. 1545 Avenue F—structure 5. 3116 Bolivar—includes carport 6. 4445 Brandon—structure 7. 824 Catalpa—structure 8. 4105 Congress—structure 9. 3235 Corley—structure 10. 295 E. Delaware—structure 11. 2770 Dogwood—includes shed 12. 5253 Downs—structure 13. 3504 Edmonds—structure 14. 4175 El Paso—structure 15. 1185 Elgie—includes shed 16. 3280 Elinor—structure 17. 3805 Eloise—accessory building only 18. 2375 Euclid—structure 19. 2415 Euclid—structure 20. 2625 Euclid—structure 21. 4220 Fonville—structure 22. 2625 Goliad—structure 23. 1830 Harriot—structure 24. 2235 Harrison—structure 25. 1985 Hebert—structure 26. 455 Jeanette—includes garage 27. 4355 Jeanette—structure 28. 3435 Kenwood—structure 29. 3955 Lydia—structure 30. 4095 W. Lynwood—structure 31. 1875 Magnolia—structure 32. 4290 Maida—structure 33. 590 Nolan—structure 34. 8285 Oak Ridge—includes 2 sheds 35. 1445 Prairie—structure 36. 2930 Sabine Pass—includes shed 37. 8270 San Bruno—structure 38. 5320 Seale—includes shed 39. 1104 Sherman -commercial 40. 3910 St Helena—includes garage and apartment 41. 2405 Terrell—structure 42. 3040 Terrell—includes shed 43. 2855 Victoria—includes carport 44. 2565 Washington—includes shed 45. 920 Wiess—includes shed 46. 5395 Wilshire—garage only 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 IIIJULY 11, 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 July 11, 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 – Presentation by Betty Russo, Regional Representative for the Gulf Coast/East Texas Region, with the Office of Texas Economic Development and Tourism Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 6 & 7 (or any other topic) Mayor West called the council meeting to order at 1:30 p.m. Pastor Jeremy Wester with Beaumont First United Methodist 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 and Neild. Also, present were Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition None Public Comment: Persons may speak on the Consent Agenda/Agenda Items 6 & 7 (or any other topic) (Public comments can be heard or seen on the City of Beaumont website beaumonttexas.gov) Charline Sam2370 MonroeBeaumont TX Luther Holmes930 Calder Beaumont TX Terry Roy6055 LibbyBeaumont TX Albert Harrison1240 AshleyBeaumont TX Minutes – July 11, 2023 Ricky Jason1075 MagnoliaBeaumont TX Latosha Bradford1050 CartwrightBeaumont TX Shirley Walton2702 MagnoliaBeaumont TX Dr. Elmo Johnson1103 CushingHouston TX Wilford Scypion Jr.2384 Pierce St.Beaumont TX Glenda McCray890 Norwood Dr.Beaumont TX Margaret Golias3430 EvalonBeaumont TX Addie Allen9695 GrossBeaumont TX Thefarro Richard5275 Parkview Dr.Beaumont TX Charlie Crabbe928 East Dr.Beaumont TX Joseph Roberts5475 Landry Ln. Beaumont TX 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 to consider approval of the June 27, 2023, City Council Meeting minutes. B.Council to consider a resolution authorizing the acceptance of a Temporary Working Space Agreement with TransCanada Keystone Pipeline, LP – Resolution 23-178 D.Recommend approval of Agreement with UT Health Science Center of Houston – Resolution 23-179 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 – Resolution 23-180 F.Council to consider the appointment of Ronald Kelley to the Historic Landmark Commission – Resolution 23-181 G.Council to consider removing Roy West from the Beaumont Convention and Tourism Advisory Committee – Resolution 23-182 H.Council to 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 – Resolution 23-183 Minutes – July 11, 2023 Mayor Pro Tem Durio moved to approve the Consent Agenda excluding Item C. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED C.Council to 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. Councilmember Samuel moved to approve Item C on the Consent Agenda. Councilmember Turner seconded the motion. After further discussion Councilmember Samuel moved to table Item C. Mayor Pro Tem Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE ITEM TABLED REGULAR AGENDA 1.Council to consider a request for the abandonment of portions of South, Archie, and Holmes Streets. 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. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF SOUTH, ARCHIE AND HOLMES STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD Minutes – July 11, 2023 NAYS:NONE MOTION PASSED ORDINANCE 23-052 2.Council to 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. 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. Mayor Pro Tem Durio moved to ADOPT AN ORDINANCE 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. Councilmember Samuel seconded the motion. After discussion Councilmember Neild moved to table the item for 2 weeks. Councilmember Turner seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE ITEM TABLED 3.Council to 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. Courtney Watson requests approval of 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. The hours of operation will be 10am to 10pm, Monday through Sunday. Plans are to staff this location with one full-time employee and one security person. Minutes – July 11, 2023 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 minimum 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. Denial of the ordinance. Councilmember Feldschau moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GAMING SITE IN A GC-MD (GENERAL TH COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 39 N. 11 STREET, SUITE B IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tem Durio seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE ITEM DENIED 4.Council to 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. 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: Minutes – July 11, 2023 1. The lot shall be graded to drain towards the street and not onto adjacent properties. Approval of the ordinance, with the following condition: 1. The lot shall be graded to drain towards the street and not onto adjacent properties. Councilmember Neild moved to DENY AN ORDINANCE 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, WITH THE CONDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE ITEM DENIED 5.Council to 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. 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. Approval of the ordinance, with the following condition: 1.No vehicles to be stored outside of the fence. Councilmember Feldschau moved to ADOPT AN ORDINANCE 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, WITH THE CONDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD Minutes – July 11, 2023 NAYS:NONE MOTION PASSED ORDINANCE 23-053 6.Council to 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. 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. Funds will come from the Capital Program. Councilmember Samuel moved to APPROVE A RESOLUTION 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. Councilmember Feldschau seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 23-184 7.Approval of the purchase and installation of Playground equipment for Babe Zaharias Park from Kraftman Commercial Playgrounds & Water Parks of Spring, TX and the Minutes – July 11, 2023 purchase and installation of Playground equipment for Combest Park from GameTime c/o Cunningham Recreation of Charlotte, NC. Babe Zaharias Park playground will be a new installation while Combest Park playground is a replacement for 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. Funds will come from the Capital Reserve. Councilmember Samuel moved to APPROVE A RESOLUTION 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. Mayor Pro Tem Durio seconded the motion. After discussion Councilmember Getz moved to amend the motion by Councilmember Samuel to vote on Combest Park and Babe Zaharias Park separate The City Council recessed at 3:21 p.m. to check the rules as to whether the motion made by Councilmember Getz required a second to amend the item. The City Council reconvened at 3:25 p.m., it was determined that Councilmember Getz did not need a second to amend the motion, with all of Council voting against the amended moved by Councilmember Getz, the motion died. Councilmember Samuel moved to APPROVE A RESOLUTION 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. 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 RESOLUTION 23-185 8.Council to 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. 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 Minutes – July 11, 2023 Downtown Beaumont lacks that almost every successfully redeveloped downtown of this size has is a full-service hotel 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. Funds will come from the General Fund. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE THE ADDENDUM TO THE AGREEMENT WITH GARFIELD PUBLIC/PRIVATE LLC. Councilmember Samuel seconded the motion. AYES:MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS:NONE MOTION PASSED RESOLUTION 23-186 Councilmembers/City Manager/City Attorney comments on various matters (Public comments can be heard or seen on the City of Beaumont website beaumonttexas.gov) COUNCILMEMBER COMMENTS M AYOR P RO T EM D URIO - C OUNCILMEMBER G ETZ - C OUNCILMEMBER T URNER - C OUNCILMEMBER F ELDSCHAU - C OUNCILMEMBER S AMUEL - C OUNCILMEMBER N EILD - C ITY A TTORNEY R EED - C ITY M ANAGER W ILLIAMS - M AYOR W EST - Minutes – July 11, 2023 With there being no Executive Session, Council adjourned at 3:57 p.m. Roy West, Mayor Tina Broussard, City Clerk Minutes – July 11, 2023 B TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Todd Simoneaux, Chief Financial Officer MEETING DATE:July 18, 2023 REQUESTED ACTION:Council consider a resolution approving annual contracts for the purchase of ready-mix concrete and heavy materials, for use by multiple City departments. BACKGROUND These materials are used by multiple City departments for general construction, street repairs/replacement, water and sewer projects, and heavy rock for landfill use. This contract combines the requirements of each affected department under a single contract rather than having multiple contracts for the same materials. Bids were requested from eighty-four (84) vendors and three (3) responded. Administration recommends Martin Marietta, as the primary vendor and Modern Concrete as the secondary vendor. Specifications allow for a twelve (12) month contract with the option of two (2) renewals of twelve (12) month terms at the same pricing as the awarded contract. Primary and secondary vendors are recommended due to hours of operation and availability as needed due to City work often occurring on weekends. Bid tab is attached. FUNDING SOURCE In FY 2022, the City spent $390,629.61 with Martin Marietta and $860,358.03 with Gulf Coast a CRH Company. The purchases were paid from the General (Fund 30.70%) Solid Waste Fund (15.30%) Capital Program-Street Rehabilitation Program (54%) RECOMMENDATION Approval of the 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 execute annual contracts for the purchase of ready-mix concrete and heavy materials, for the use by multiple City departments. 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:Bart Bartkowiak, Director of Public Works MEETING DATE:July 18, 2023 REQUESTED ACTION:Council consider a resolution approving the purchase of one fire truck. BACKGROUND A 2024 Pierce-Custom Enforcer Pumper truck will be purchased from Siddons-Martin Emergency Group, of Denton, Texas, in the amount of $1,048,040. Designated to be Engine 3, the new truck will be housed at Station 3, located at 805 Woodrow St., and will replace unit 7052, a 1998 Pierce Pumper truck with 166,008 miles. It has exceeded the expected service life and will be disposed of according to the City surplus property policy. Pricing was obtained through Houston-Galveston Area Council (H-GAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with State of Texas’ procurement statutes. Funding for this purchase is actually from the projected FY24 budget, however, due to an ordering window limited to August, we need to secure our order with an early purchase order and resolution. Manufacturer’s warranty is twelve (12) months. Delivery is expected within forty months. Quote is attached. FUNDING SOURCE Capital Reserve Fund – Funds will need to be budgeted in FY2024 RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of one (1) fire truck for use by the Fire Department from Siddons-Martin Emergency Group, of Denton, Texas, in the amount of $1,048,040.00 through the Houston-Galveston Area Council (H-GAC). 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 D TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:July 18, 2023 REQUESTED ACTION:Council consider a resolution approving the purchase of 10 vehicles for use in the Police Department. BACKGROUND Replacement vehicles are requested through the City’s budget process. The Fleet Manager reviews the requests and evaluates the vehicles to be replaced. Based on this evaluation a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate. The vehicles to be purchased are replacing models ranging from 2013 to 2020. The vehicles being replaced will be disposed of in accordance with the City’s surplus equipment policy. The vehicles will be purchased from Lake Country Chevrolet, of Jasper, in the amount of $501,390. Pricing was obtained through the TIPS purchasing cooperative, which provides cities and political subdivisions the means to purchase specialized equipment at volume pricing. TIPS complies with State of Texas’ procurement statutes. Warranties of 36,000 miles or three years are provided for each new vehicle. Warranty service is provided by local authorized dealerships. Quote is attached. Funding for this purchase is actually from the projected FY24 budget, however, due to an ordering window limited to August, we need to secure our order with an early purchase order and resolution. FUNDING SOURCE Capital Reserve Fund – Funds will need to be budgeted in FY2024 RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of ten (10) vehicles for use by the Police Department from Lake County Chevrolet, of Jasper, Texas, in the amount of $501,390.00 through the TIPS Purchasing Cooperative. 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 E TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:July 18, 2023 REQUESTED ACTION:Council consider a resolution approving the purchase of 14 vehicles for use in the Police Department and EMS. BACKGROUND Replacement vehicles are requested through the City’s budget process. The Fleet Manager reviews the requests and evaluates the vehicles to be replaced. Based on this evaluation a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate. The vehicles to be purchased are replacing models ranging from 2013 to 2020. The vehicles being replaced will be disposed of in accordance with the City’s surplus equipment policy. The vehicles will be purchased from Silsbee Ford in the amount of $775,269.65. Pricing was obtained through the Goodbuy purchasing cooperative, which provides cities and political subdivisions the means to purchase specialized equipment at volume pricing. GOODBUY complies with State of Texas’ procurement statutes. Warranties of 36,000 miles or three years are provided for each new vehicle. Warranty service is provided by local authorized dealerships. Quote is attached. Funding for this purchase is actually from the projected FY24 budget, however, due to an ordering window limited to August, we need to secure our order with an early purchase order and resolution. FUNDING SOURCE Capital Reserve Fund – Funds will need to be budgeted in FY2024. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of fourteen (14) vehicles for use by the Police Department and EMS from Silsbee Ford, of Silsbee, Texas, in the amount of $775,269.65 through the Goodbuy Purchasing Cooperative. 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 F TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:July 18, 2023 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to award a contract to Gulf Coast Electric Co., Inc. of Beaumont, TX, and execute Change Order No. 1 for the Rue Street Lift Station Electrical and Controls Improvements Project. BACKGROUND The Rue Street Lift Station Electrical and Controls Improvements Project will provide for the replacement of the outdated Murphy controls system at the Rue Street Lift Station. On June 15, 2023, one (1) bid was received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate for the contract is $220,000.00. The bid total is indicated in the table below: Contractor L ocationTotal Bid Amount Gulf Coast Electric Co., Inc.Beaumont, TX$277,000.00 Based on a review of the bids and required documents received, Water Utilities staff recommends awarding the project to the lowest bidder, Gulf Coast Electric Co., Inc., in the amount of $277,000.00 and Change Order No. 1 in the amount of ($28,000.00) reducing the contract to $249,000.00. The change order proposed by the City is to modify the material of the proposed VFDs from stainless steel to plastic. A total of 150 calendar days are allocated for substantial completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on June15, 2023, one (1) bid was received for the Rue Street Lift Station Electrical and Controls Improvements Project; and, WHEREAS, Gulf Coast Electric Co., Inc, of Beaumont, Texas, submitted a bid in the amount of $277,000.00 to complete the work and materials for the Rue Street Lift Station Electrical and Controls Improvements Project as shown in Exhibit "A," attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted by Gulf Coast Electric Co., Inc, of Beaumont, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; and, WHEREAS, Change Order No. 1, in the amount of ($28,000.00), is required to modify the materials, thereby decreasing the total contract amount to $249,000.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract Gulf Coast Electric Co., Inc, of Beaumont, Texas, in the amount of $249,000.00 as shown in Exhibit "A," attached hereto, for the Pine Street 48-Inch Raw Water Line Project; and, THAT the City Manager be and he is hereby authorized to execute a contract with Gulf Coast Electric Co., Inc, of Beaumont, Texas, for the purposes described herein; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of ($28,000.00) for work described above, decreasing the total contract amount to $249,000.00 for the Rue Street Lift Station Electrical and Controls Improvements Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of July, 2023. - Mayor Roy West 1 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:July 18, 2023 REQUESTED ACTION:Council consider a request for a Specific Use Permit to allow a drinking place in the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3035 College Street, Suite A. BACKGROUND Yorguis Batista requests approval for a Specific Use Permit to allow a drinking place located at 3035 College Street, Suite A. The applicant states that hours of operation will be Sunday thru Thursday, 4:00 p.m. till midnight with at least 4-5 staff including one security person. For Friday and Saturday, hours of operation will be 4:00 p.m. till 2:00 a.m. with 8-10 staff including 2-3 security personnel. At a Joint Public Hearing held on June 26, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a drinking place in the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3035 College Street, Suite A, with the following conditions: 1.Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's back- flow, pre-treatment and/or FOG program. 2. Final plans must be provided with the location of the equipment that will be used at the establishment. 3. All current fire codes will be applied (IFC 2021) including possible requirement of a fire sprinkler system. 4.Require at least one (1) licensed peace officer present on weeknights and a minimum of two (2) present on weekend nights. 5.Smoking to be approved by the Fire Marshal. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's back-flow, pre- treatment and/or FOG program. 2.Final plans must be provided with the location of the equipment that will be used at the establishment. 3. All current fire codes will be applied (IFC 2021) including possible requirement of a fire sprinkler system. 4.Require at least one (1) licensed peace officer present on weeknights and a minimum of two (2) present on weekend nights. 5.Smoking to be approved by the Fire Marshal. ATTACHMENTS Legal Description and Staff Report. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3035 COLLEGE STREET, SUITE A IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Yorguis Batista has applied for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3035 College Street Suite A Ͳ Addition, Beaumont, Jefferson County, Texas, containing 0.709 acres, more or less, as 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 drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3035 College Street, Suite A, subject to the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the back- flow, pre-treatment and/or FOG program; and, 2. Final plans must be provided with the location of the equipment that will be used at the establishment; and, 3. All current Fire Codes will be applied (IFC 2021) including possible requirement of a fire sprinkler system; and, 4. Require at least one (1) licensed peace officer present on weeknights and a minimum of two (2) on weekend nights; and, 5. Smoking inside the establishment to be approved by the Fire Marshal; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a drinking place 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 drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3035 College Street, County, Texas, containing 0.709 acres, more or less, as shown on granted to Yorguis Batista, their legal representatives, successors and assigns, as shown following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the back- flow, pre-treatment and/or FOG program. 2. Final plans must be provided with the location of the equipment that will be used at the establishment. 3. All current Fire Codes will be applied (IFC 2021) including possible requirement of a fire sprinkler system. 4. Require at least one (1) licensed peace officer present on weeknights and a minimum of two (2) on weekend nights. 5. Smoking inside the establishment to be approved by the Fire Marshal. Section 2 That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto as Exhibit 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 18th day of July, 2023. - Mayor Roy West - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the west 100’ of Lot 79, College Acres Addition, Beaumont, Jefferson County, Texas, containing 0.709 acres, more or less. 2 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:July 18, 2023 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to enter into an Industrial Development Agreement with Linde, Inc. in order to offer economic development incentives for a new industrial project. BACKGROUND The City was recently approached about entering into an Industrial Development Agreement in order to offer economic development incentives for a new hydrogen and ammonia production facility. The facility would include a carbon capture capability, capturing CO2 during the production process and conveying it to a nearby carbon sequestration site. In addition to clean hydrogen production, the facility would also be capable of producing liquid nitrogen, oxygen and argon. The investment is expected to total $1.7 billion and create up to 1,200 construction jobs and 30 new permanent jobs. The Agreement proposes an abatement period of 100% for ten years in order to incentivize the investment. In addition, Linde, Inc. would make three (3) annual payments to the City of Beaumont in the amount of $1 million, beginning in calendar year 2026 and concluding in calendar year 2028. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the Resolution ATTACHMENTS Project summary and proposed IDA RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Industrial District Agreement with Linde, Inc., in order to offer economic development incentives for a new industrial project. The Agreement is substantially in the form attached hereto as , 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 THE STATE OF TEXAS§ COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home-rule city located in Jefferson County, Texas, hereinafter called "CITY," and Linde, Inc., its parent, subsidiaries and affiliates, hereinafter called "COMPANY" and, together, the “Parties.” PREAMBLE WHEREAS, the City has established an industrial district comprising a certain part of the extra-territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District (the “Industrial District”); and, WHEREAS, Company is considering development of hydrogen and air separation manufacturing facility, possibly in the Industrial District, but is considering other locations for this investment; and, WHEREAS, if Company does develop the manufacturing facilities in the industrial district, it will be mutually-advantageous to the Parties for the company to utilize local vendors and suppliers and extend opportunities for local contractors and sub-contractors to participate; and, WHEREAS, Company has expressed an interest in making up to three annual payments in lieu of taxes to City beginning in calendar year 2026, and, WHEREAS, given the proposed investment amount, permanent job creation and other benefits, the City finds the terms of the Agreement to reasonable and appropriate; and, In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: ICONTINUED ON NEXT PAGE) ARTICLE I COMPANY'S COMMITMENT 1.Company will construct a hydrogen and air separation manufacturing facility with an anticipated investment of $1.7 billion and will employ up to 1,200 peak construction workers during construction and up to 30 permanent employees. 2.Company will receive 100 percent tax abatement for payments due for the ten (10) tax years beginning January 1, 2026 (taxes due February 1, 2027) or the tax years immediately following completion of construction and commissioning, whichever is earlier. This abatement does not include the value of existing property owned by Company affiliates, which may be the subject of separate industrial district agreements. The Company shall notify City in writing at least thirty (30) days prior to the date any construction that will be subject to abatement is scheduled to commence. 3.Company will make a good faith effort to utilize a diverse local workforce in constructing the project and will utilize established local contractor lists, including historically underutilized businesses and minority and women-owned businesses. 4.Company will make three (3) annual payments to the City of $1 million (one million dollars), beginning in calendar year 2026 and concluding in calendar year 2028. 5.At the expiration of this Agreement, which may not be renewed or extended, Company agrees to enter into a new mutually agreeable Industrial district agreement with City containing City’s standard terms to encompass all of Company’s property and improvements in the Industrial District. ARTICLE II PROPERTY COVERED BY AGREEMENT It is the intention of the Parties hereto that this Agreement shall govern and affect only the hydrogen and air separation manufacturing facility (facilities, real, personal, and mixed) as described in Article I of this Agreement, and does not govern and affect other properties of Company affiliates that are subject to industrial district agreements that were in effect prior to execution of this Agreement. ARTICLE III SALE BY COMPANY 1.Company shall notify City of any sale of Company's hydrogen or air separation facilities subject matter of this Agreement to any person or entity. It is the intent of the Parties that no sale of any of Company's facilities will affect any amounts to be paid to City as provided under this Agreement. Accordingly, and as to payments due under this Agreement, no such sale shall reduce the amount due City under this Agreement until the purchaser of such facility has entered into a contract in lieu of taxes with City that provides for a continuation of like payments to City. 2.Company shall have the right to assign, transfer or convey all, or any part of, its rights title and interest in the Agreement in connection with any transfer or conveyance of title to all or any part of the properties subject to this Agreement to any person or entity at any time of this Agreement; provided, however, that Company shall provide City with written notice of such assignment. Company shall be relieved of its obligations under this Agreement to the extent that an assignee expressly assumes Company's obligations in a written instrument binding such assignee to City. Subject to the preceding, this Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns. ARTICLE IV CITY'S OBLIGATIONS 1.City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of this Agreement except as follows: (a)If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January 1 of said year. (b)In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or companies with the Company's portion allocated on the basis of assessed values. 2.The City further agrees that during the term of this Agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3.It is understood and agreed that during the term of this Agreement, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. The City will also provide police protection if called upon by the Jefferson County Sheriff’s Department for assistance. ARTICLE V TERMINATION FOR BREACH It is agreed by the Parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the Parties and that, therefore, in addition to any action at law for damages which either party may have, Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTICLE VI TERM OF AGREEMENT The term of this Agreement shall be for ten (10) tax years beginning January 1, 2026 (taxes due February 1, 2027) or the tax year immediately following completion of construction and commissioning, whichever is earlier, and ending on December 31 ten (10) tax years later. ARTICLE VII NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the Parties hereto by Certified Mail addressed as follows: TO CITYTO COMPANY E-mail:______________ City Manager ______________________ City of Beaumont 801 Main ______________________ Beaumont, Texas 77704 ______________________ Fax: (409) 880-3132 ______________________ ARTICLE VIII CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. IN WITNESS THEREOF, this Agreement, consisting of 6 pages, is executed in duplicate counterparts as of this day of___________________2023. __ LINDE, INC.CITY OF BEAUMONT, TEXAS By:______________________________By:______________________________ ATTEST: Tina Broussard, City Clerk 3 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Bart Bartkowiak, Director of Public Works MEETING DATE:July 18, 2023 REQUESTED ACTION:Council consider a resolution authorizing the City Manager to award a contract to ALLCO, LLC, of Beaumont, TX, and execute Change Order No. 1 for the Pine Street 48-Inch Raw Water Line Project. BACKGROUND The Pine Street 48-Inch Raw Water Line Project will provide for the construction of a raw water line to serve the Pine Street Surface Water Treatment Plant from the Collier’s Ferry Raw Water Pump Station that is under construction. On April 27, 2023, two (2) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate for the contract is $18,956,482.00. The bid totals are indicated in the table below: ContractorLocationTotal Bid Amount ALLCO, LLCBeaumont, TX$29,191,513.63 Reytec Construction Resources, Inc.Houston, TX$33,689,242.50 Based on a review of the bids and required documents received, Water Utilities staff agrees with Freese and Nichols, Inc., and recommends awarding the project to the lowest bidder, ALLCO, LLC, in the amount of $29,191,513.63 and Change Order No. 1 in the amount of ($8,962,535.65) reducing the contract to $20,228,977.98. The change order proposed by the Engineer is to modify the pipeline material, adjust the pipeline elevation, remove a section of the pipeline, remove the 42-Inch resiliency line work, and revise the pavement repair plans. A total of 452 calendar days are allocated for substantial completion of the project. FUNDING SOURCE Capital Program and CDBG/GLO RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on April 27, 2023, two (2) bids were received for the Pine Street 48-lnch Raw Water Line Project; and, WHEREAS, ALLCO, LLC, of Beaumont, Texas, submitted a bid in the amount of $29,191,513.63 to complete the work and materials for the Pine Street 48-lnch Raw Water Line Project as shown in Exhibit "A," attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted by ALLCO, LLC, of Beaumont, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; and, WHEREAS, Change Order No. 1, in the amount of ($8,962,535.65), is required to modify the work and materials, thereby decreasing the total contract amount to $20,228,977.98; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to ALLCO, LLC, of Beaumont, Texas, in the amount of $20,228,977.98 as shown in Exhibit "A," attached hereto, for the Pine Street 48-lnch Raw Water Line Project; and, THAT the City Manager be and he is hereby authorized to execute a contract with ALLCO, LLC, of Beaumont, Texas, for the purposes described herein; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of ($8,962,535.65) for work described above, decreasing the total contract amount to $20,228,977.98 for the Pine Street 48-lnch Raw Water Line Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of July, 2023. - Mayor Roy West Recommendation for Award of Contract Project Pine Street 48-Inch Raw Water Line Bid No. WU1023-01 Project Number Owner City of Beaumont BMT21290 Project Description This Project is for construction of approximately 15,114 linear feet of 48-inch diameter waterline with all necessary valves and appurtenances, along the Pine Street ROW from Colliers Trail to Marina Street. The proposed water line installation will consist of primarily open cut construction under pavement; however, trenchless methods are required at crossings under a drainage facility, City of Beaumont process pipe inside the Water Treatment Plant and crossing of private/public utilities. Additionally, the Work requires installation of air valves, blow-off valves, gate valves, butterfly valves, road crossings, asphalt pavement replacement, connections at two locations, and a pig retrieval station. Details of this work are provided in the Construction Drawings. th Date Proposals ReceivedApril 27, 2022Proposal Tabulation Attached?Yes No Recommended Offeror ALLCO, LLC Recommended Amount of Contract Award $ 20,228,977.98 Project Budget $ 18,300,000.00 Contract Price within Available Funds?Yes No Funding Source CDBG/GLO/CIP Proposed Project Completion Date 10/4/2024 Contract Times meet Owner’s Schedule? Yes No Comments: There were 2 bids received, the lowest from ALLCO, LLC with $29,194,844.48 and the highest from Reytec, Inc with $33,743,937.90. ALLCO’s bid had some minor inaccuracies and actual bid price was $29,191,513.63. City of Beaumont along with ALLCO and FNI performed value engineering and cost was lowered to $20,228,977.98. The original estimate of $18,300,000 included a portion of the 42” Resiliency Water Line that was removed during value engineering process and 665 LF of 48-Inch Raw Water Line that will be constructed in the Colliers Pump Station Project. Included with this letter is Attachment A-Bid Tabulation. Explanation of Amount of Contract Award: ALLCO, LLC Engineer Estimate Base Bid$20,228,977.98$18,083,622.13 Recommended Total$20,228,977.98$18,083,622.13 References provided by Offeror (ALLCO, LLC) were checked and all of them provided feedback. Review of the Bids received indicates that the offer of the Recommended Contractor provides the best value to the Owner. A review of the Recommended Contractor’s Statement of Qualifications and a check of the references provided indicates that the Recommended Contractor meets the qualification requirements specified in the Contract Documents and that Recommended Contractor’s previous experience on similar projects has been acceptable. It is recommended that the Project be awarded to the Recommended Contractor in the amount of the Recommended Amount of Contract Award. Recommended by Carlos Quintero Date 7/10/2023 Title Sr. Project Manager Representing Freese and Nichols, Inc. Recommendation for Award of ContractPage 1 of 1 Attachment A Bid Tabulation Bid Tabulation Pine Street 48-Inch Raw Water Line Reytec Construction Resources, Inc.ALLCO, LLCEngineer's Estimate Owner:City of Beaumont Freese & Nichols Bid Opening: April 27,2023 Design1901 Hollister, Houston, TX 770806720 College, Beaumont, TX 7770710497 Town and Country Way #500, Freese and Nichols Professional:PH: 713-957-4003PH: 409-860-4459Houston, TX 77024 Prepared By:Carlos Quintero, P.E.PH: 713-600-6800 Item No.UnitEstimated QuantityUnit PriceExtended AmountUnit PriceExtended AmountUnit PriceExtended Amount 48-Inch RWL - Water Line 1 48-Inch Steel RWL MobilizationLS1$750,000.00$750,000.00$900,000.00$900,000.00$877,621.00$877,621.00 2 48-Inch Steel Water Line by Open Cut ConstructionLF14,308$975.00$13,950,300.00$908.47$12,998,388.76$636.00$9,099,888.00 3 48-Inch Ductile Iron Water Line by Open Cut ConstructionLF527$2,000.00$1,054,000.00$1,198.93$631,836.11$896.00$472,192.00 4 48-Inch Steel Water Line by Trenchless ConstructionLF178$8,000.00$1,424,000.00$2,617.83$465,973.74$3,630.00$646,140.00 5 48-Inch Ductile Iron Water Line by Trenchless ConstructionLF101$10,000.00$1,010,000.00$2,333.13$235,646.13$4,100.00$414,100.00 6 1-Inch PVC Water LineLF2,462$25.00$61,550.00$8.00$19,696.00$25.00$61,550.00 7 2-Inch PVC Water LineLF1,231$30.00$36,930.00$9.00$11,079.00$35.00$43,085.00 8 Trench SafetyLF14,835$20.00$296,700.00$1.00$14,835.00$7.00$103,845.00 9 Clearing and GrubbingAC1$15,000.00$15,000.00$23,500.00$23,500.00$6,500.00$6,500.00 10 SeedingAC1$5,000.00$5,000.00$750.00$750.00$3,000.00$3,000.00 11 48-Inch Gate Valve with Actuator ManholeEA1$375,000.00$375,000.00$257,622.00$257,622.00$215,000.00$215,000.00 12 48-Inch Direct Buried Gate ValveEA1$275,000.00$275,000.00$152,500.00$152,500.00$150,000.00$150,000.00 13 48-Inch Butterfly Valve with Actuator ManholeEA1$225,000.00$225,000.00$170,512.00$170,512.00$83,500.00$83,500.00 14 4-Inch Combination Air Valve Assembly with Access ManholeEA11$55,000.00$605,000.00$75,258.00$827,838.00$25,000.00$275,000.00 15 12-Inch Blow-Off Valve Assembly with Access ManholeEA4$75,000.00$300,000.00$85,922.00$343,688.00$32,500.00$130,000.00 16 Access ManholeEA6$65,000.00$390,000.00$59,943.00$359,658.00$20,000.00$120,000.00 17 Chemical Injection ManholeEA2$50,000.00$100,000.00$16,700.00$33,400.00$27,500.00$55,000.00 18 Flowable FillLF190$500.00$95,000.00$630.00$119,700.00$130.00$24,700.00 19 Connection 1: Colliers Pump Station Water LineEA1$150,000.00$150,000.00$37,600.00$37,600.00$20,000.00$20,000.00 20 Connection 2: Rapid Mix Basin WTPEA1$250,000.00$250,000.00$241,650.00$241,650.00$67,450.00$67,450.00 21 Pig Retrieval Station and Connecting Piping from Raw Water LineEA1$150,000.00$150,000.00$61,000.00$61,000.00$150,000.00$150,000.00 22 Stormwater Pollution Prevention PlanLS1$112,500.00$112,500.00$30,000.00$30,000.00$37,500.00$37,500.00 23 Cathodic ProtectionLS1$150,000.00$150,000.00$175,000.00$175,000.00$57,500.00$57,500.00 24 DewateringLF11,127$100.00$1,112,650.50$47.00$522,945.74$30.00$333,795.15 25 Furnish, Install, and Remove Temporary MailboxesEA60$250.00$15,000.00$504.37$30,262.20$700.00$42,000.00 26 Chain Link Fence ReplacementLF320$100.00$32,000.00$53.06$16,979.20$45.00$14,400.00 Subtotal$22,940,630.50$18,682,059.88$13,503,766.15 48-Inch RWL - Pavement Repair 27 Remove StabilizedBase and Asphalt PavementSY46,475$7.50$348,562.50$21.25$987,593.75$6.00$278,850.00 28 Remove Concrete (Curb and Gutter)LF3,258$15.00$48,870.00$16.50$53,757.00$12.00$39,096.00 29 4-Inch HMAC Pavement Replacement (include driveway transitions)TON9,052$300.00$2,715,606.00$243.00$2,199,640.86$130.00$1,176,762.60 30 Lime - Fly Ash Treated Subgrade (6-Inches)SY41,146$10.00$411,460.00$18.50$761,201.00$3.00$123,438.00 31 LimeTON555$400.00$221,999.20$274.00$152,069.45$200.00$110,999.60 32 Fly AshTON1,332$150.00$199,800.00$274.00$364,968.00$125.00$166,500.00 33 Cement Treat (New Base) (8")SY1,944$40.00$77,760.00$61.70$119,944.80$10.00$19,440.00 34 Cement Treat (New Base) (10")SY41,146$45.00$1,851,570.00$65.35$2,688,891.10$11.00$452,606.00 35 Barricades, Signs, and Traffic HandlingMO15$65,000.00$975,000.00$10,160.00$152,400.00$10,000.00$150,000.00 36 Prep ROWSTA134$1,000.00$134,000.00$1,122.00$150,348.00$800.00$107,200.00 37 Detour for MarinaLS1$150,000.00$150,000.00$145,699.84$145,699.84$150,000.00$150,000.00 38 Installation of Concrete Curb and GutterLF2,038$40.00$81,525.20$47.34$96,485.07$50.00$101,906.50 39 Erosion Control LogLF192$25.00$4,800.00$20.12$3,863.04$7.00$1,344.00 40 Rock Filter Damn (Type 1)LF134$100.00$13,400.00$51.26$6,868.84$65.00$8,710.00 Subtotal$7,234,352.90$7,883,730.76$2,886,852.70 48-Inch RWL - Utility Replacement 41 Remove 8-Inch Water LineLF285$25.00$7,137.00$11.00$3,140.28$12.00$3,425.76 42 Replace 8-Inch Water LineLF286$250.00$71,477.50$107.00$30,592.37$72.00$20,585.52 43 Connect 8-Inch Water LineEA2$2,500.00$5,000.00$3,500.00$7,000.00$9,500.00$19,000.00 44 Remove 12-Inch Water LineLF190$25.00$4,750.00$11.00$2,090.00$14.00$2,660.00 45 Replace 12-Inch Water LineLF188$350.00$65,800.00$147.00$27,636.00$78.00$14,664.00 46 Connect 12-Inch Water LineEA2$3,500.00$7,000.00$3,700.00$7,400.00$11,000.00$22,000.00 47 16-Inch Split Casing for Sanitary Sewer LinesLF45$750.00$33,750.00$234.00$10,530.00$230.00$10,350.00 48 18-Inch Split Casing for Sanitary Sewer LinesLF22$1,500.00$33,000.00$244.00$5,368.00$260.00$5,720.00 49 20-Inch Split Casing for Sanitary Sewer LinesLF135$1,000.00$135,000.00$283.00$38,205.00$295.00$39,825.00 50 22-Inch Split Casing for Sanitary Sewer LinesLF165$1,000.00$165,000.00$293.00$48,345.00$330.00$54,450.00 51 36-Inch Split Casing for Sanitary Sewer LinesLF92$1,500.00$138,000.00$445.00$40,940.00$558.00$51,336.00 52 48-Inch Split Casing for Sanitary Sewer LinesLF25$2,500.00$62,500.00$695.00$17,375.00$1,000.00$25,000.00 Subtotal$728,414.50$238,621.65$269,016.28 48-Inch RWL - Utility Replacement Extra Unit Items 53 Remove 4-Inch Sanitary SewerLF45$25.00$1,125.00$11.00$495.00$12.00$540.00 54 Remove 6-Inch Sanitary SewerLF22$25.00$550.00$11.00$242.00$13.00$286.00 55 Remove 8-Inch Sanitary SewerLF135$25.00$3,375.00$14.00$1,890.00$14.00$1,890.00 56 Remove 10-Inch Sanitary SewerLF165$25.00$4,125.00$18.00$2,970.00$15.00$2,475.00 57 Remove 24-Inch Sanitary SewerLF92$35.00$3,220.00$37.00$3,404.00$20.00$1,840.00 58 Remove 36-Inch Sanitary SewerLF25$50.00$1,250.00$55.00$1,375.00$30.00$750.00 59 4-Inch Sanitary SewerLF45$500.00$22,500.00$44.00$1,980.00$115.00$5,175.00 60 6-Inch Sanitary SewerLF22$700.00$15,400.00$67.00$1,474.00$173.00$3,806.00 61 8-Inch Sanitary SewerLF135$250.00$33,750.00$83.00$11,205.00$230.00$31,050.00 62 10-Inch Sanitary SewerLF165$250.00$41,250.00$125.00$20,625.00$287.00$47,355.00 63 24-Inch Sanitary SewerLF92$650.00$59,800.00$290.00$26,680.00$614.00$56,488.00 64 36-Inch Sanitary SewerLF25$1,750.00$43,750.00$625.00$15,625.00$750.00$18,750.00 65 25 MGD Bypass for Existing 48-Inch RWLLS1$50,000.00$50,000.00$125,000.00$125,000.00$75,000.00$75,000.00 66 Electrical Power Connection for Cathodic Protection SystemLS1$35,000.00$35,000.00$35,000.00$35,000.00$35,000.00$35,000.00 Subtotal$315,095.00$247,965.00$280,405.00 42-Inch Resiliency WL - Parallel Installation 67 42-Inch Resiliency WL MobilizationLS1$100,000.00$100,000.00$70,000.00$70,000.00$54,457.00$54,457.00 68 42-Inch Steel Water Line by Open CutLF1,005$1,000.00$1,005,000.00$1,052.54$1,057,802.70$596.00$598,980.00 69 18-Inch Steel Casings for Sanitary Sewer LinesLF23$1,500.00$34,500.00$399.00$9,177.00$200.00$4,600.00 70 DewateringLF1,005$100.00$100,500.00$47.00$47,235.00$30.00$30,150.00 71 42-Inch Connection to Resiliency Water LineLS2$115,000.00$230,000.00$38,200.00$76,400.00$35,000.00$70,000.00 72 SWPPPLS1$15,000.00$15,000.00$5,000.00$5,000.00$6,000.00$6,000.00 73 Trench SafetyLF1,005$75.00$75,375.00$1.00$1,005.00$7.00$7,035.00 74 Cathodic ProtectionLS1$10,000.00$10,000.00$19,000.00$19,000.00$7,500.00$7,500.00 75 Flowable FillLS1$75,000.00$75,000.00$15,000.00$15,000.00$2,000.00$2,000.00 76 Installation of 12-Inch BOV and AppurtenancesEA1$75,000.00$75,000.00$75,330.00$75,330.00$30,000.00$30,000.00 77 Installation of 42-Inch BFV and AppurtenancesEA2$165,000.00$330,000.00$152,780.00$305,560.00$50,000.00$100,000.00 78 Removing Stab Base and Asph Pav (0"-4")SY1,410$5.00$7,050.00$26.10$36,801.00$10.00$14,100.00 79 Remove Concrete (Curb and Gutter)LF830$10.00$8,300.00$18.24$15,139.20$8.50$7,055.00 80 4" HMAC Pavement ReplacementTON587$300.00$176,100.00$265.00$155,555.00$130.00$76,310.00 81 Lime - Fly Ash Treated (Subgrade)(6")SY1,410$12.00$16,920.00$28.00$39,480.00$6.00$8,460.00 82 LimeTON19$400.00$7,600.00$275.00$5,225.00$200.00$3,800.00 83 Fly AshTON45$150.00$6,750.00$275.00$12,375.00$125.00$5,625.00 84 Cement Treat (New Base) (10")SY1,410$45.00$63,450.00$70.66$99,630.60$20.00$28,200.00 85 Barricades, Signs, and Traffic HandlingMO1$55,000.00$55,000.00$13,600.00$13,600.00$10,000.00$10,000.00 86 Concrete Curb and GutterLF830$40.00$33,200.00$49.39$40,993.70$11.00$9,130.00 87 REFL PAV MRK TY II (Y) 4" (SLD)LF560$10.00$5,600.00$2.50$1,400.00$6.00$3,360.00 88 Relocate 6-Inch Sanitary SewerLF228$200.00$45,600.00$96.00$21,888.00$65.00$14,820.00 89 Remove and Relocate 4-Inch Dia. Sanitary Sewer Access ManholeEA2$12,000.00$24,000.00$900.00$1,800.00$15,200.00$30,400.00 90 Abandon/Remove 12-Inch PipeLF30$25.00$750.00$20.00$600.00$15.00$450.00 91 Install 12-Inch HDPE PipeLF30$75.00$2,250.00$149.00$4,470.00$45.00$1,350.00 92 Replace 12-Inch ValvesEA3$7,500.00$22,500.00$4,000.00$12,000.00$6,600.00$19,800.00 Subtotal$2,525,445.00$2,142,467.20$1,143,582.00 TOTAL BID$33,743,937.90$29,194,844.48$18,083,622.13 Alternates 1 48-Inch Bar Wrapped Concrete Cylinder Pipe by Open Cut ConstructionLF14,308$1,100.00$15,738,800.00$764.92$10,944,475.36$636.00$9,099,88 8.00 2 48-Inch Bar Wrapped Concrete Cylinder Pipe by Trenchless ConstructionLF178$10,000.00$1,780,000.00$2,559.64$455,615.92$3,630.00$646,140.00 3 48-Inch Bar Wrapped Concrete Cylinder Pipe for Pig Retrieval StationLS1$250,000.00$250,000.00$156,550.00$156,550.00$150,000.00$150,000.00 4 Articulated Concrete Block Mattress for Pig Retrieval StationLS1$150,000.00$150,000.00$41,606.00$41,606.00$-$- Subtotal$17,918,800.00$11,598,247.28$9,896,028.00 Bid Tabulation Project BMT21290Page 1 of 1 05/ 09/ 2023 4 TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Todd Simoneaux, Chief Financial Officer MEETING DATE:July 18, 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.), and payment in the amount of $3,460.00 for unpaid weed abatement charges, waiving litter lien interest in the amount of $141.09, and waiving weed abatement charges in the amount of $4,373.75. BACKGROUND On August 10, 2020 a litter lien was attached to property legally described as Forrest L39 B8 (2494 Magnolia Ave.). The lien was discovered in March, 2023 by Stewart Title Company in a title search related to the proposed sale of the property. The litter lien principal amount due is $490.00, lien assessment fee of $50.00, and interest accrued to date since the filing of said lien is $141.09, for a total amount of $681.09. There are also unpaid weed abatement charges of $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. There are no unpaid property taxes. 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 payments in the amount of $540.00 for the principal of a litter lien and the lien assessment fee for a lien filed, and $3,460.00 for unpaid weed abatement charges for the property legally described as Forrest L39, B8 (3494 Magnolia Ave.) and, THAT the interest of $141.09 and the weed abatement charges in the amount of $4,373.75 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 18thday of July, 2023. - Mayor Roy West - TO:City Council FROM:Kenneth R. Williams, City Manager PREPARED BY:Chris Boone, Assistant City Manager, Community Services MEETING DATE:July 18, 2023 REQUESTED ACTION:City Council, after conducting a public hearing, consider an ordinance to declare the following 46 structures to be unsafe structures and order the owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full, or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance. BACKGROUND These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaumont’s Code of Ordinances, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2015 International Property Maintenance Code. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. FUNDING SOURCE Sources may include General funds and Community Development Block Grant (CDBG) funding. RECOMMENDATION Approval of the ordinance. ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 2. 205 E. Alma – includes shed 1. 1715 McFaddin – structure on lot of 592 2nd 3. 2350 Angelina – garage apartment only4. 1545 Avenue F - structure 5. 3116 Bolivar – includes carport 6. 4445 Brandon – structure 7. 824 Catalpa – structure 8. 4105 Congress – structure 9. 3235 Corley – structure 10. 295 E. Delaware – structure 11. 2770 Dogwood – includes shed 12. 5253 Downs – structure 13. 3504 Edmonds – structure 14. 4175 El Paso – Structure 15. 1185 Elgie – includes shed 16. 3280 Elinor – structure 17. 3805 Eloise – accessory building only 18. 2375 Euclid – structure 19. 2415 Euclid – structure 20. 2625 Euclid – structure 21. 4220 Fonville – structure 22. 2625 Goliad – structure 23. 1830 Harriot – structure 24. 2235 Harrison – structure 25. 1985 Hebert – structure 26. 455 Jeanette – includes garage 27. 4355 Jeanette – structure 28. 3435 Kenwood – structure 29. 3955 Lydia – structure 30. 4095 W. Lynwood – structure 31. 1875 Magnolia – structure 32. 4290 Maida – structure 33. 590 Nolan – structure 34. 8285 Oakridge – includes 2 sheds 35. 1445 Prairie – structure 36. 2930 Sabine Pass – includes shed 37. 8270 San Bruno – structure 38. 5320 Seale – includes shed 39. 1104 Sherman – commercial 40. 3910 St. Helena – includes garage & apartment 41. 2405 Terrell – structure 42. 3040 Terrell – includes shed 43. 2855 Victoria – includes carport 44. 2625 Washington – includes shed 45. 920 Wiess – includes shed 46. 5395 Wilshire – garage only to be public nuisances in that said buildings violate Chapter 24, Article 24.04, Section 24.04.001 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owner(s) or City Council action. Section 3. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the property owner(s) of the following described buildings execute a work program with the City within ten (10) days of the effective date of this ordinance and either demolish or complete all repairs and receive a Certificate of Occupancy within one- hundred fifty (150) days. Should the property owner(s) fail to enroll in a work program within the prescribed ten (10) days or obtain substantial completion as defined in the work program, within ninety (90) days from the initiating date of the work program, Council hereby orders that the property be demolished without further notification to the property owner(s) or City Council action. Section 4. If a property owner requests and is authorized by City Council to enroll in a work program, all properties are to be secured from unauthorized entry, and all delinquent taxes shall be paid in full or a payment plan executed prior to the enrollment of the property in the work program. Section 5. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 6. 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 11th day of July, 2023. - Mayor Roy West – 1.1715 McFaddin – structure 2.205 E Alma – includes shed on lot of 592 2nd 3.2350 Angelina – garage apartment 4.1545 Avenue F - structure only 5.3116 Bolivar – includes carport 6.4445 Brandon – structure 7.824 Catalpa – structure 8.4105 Congress – structure 9.3235 Corley – structure 10.295 E. Delaware – structure 11.2770 Dogwood – includes shed 12.5253 Downs – structure 13.3504 Edmonds – structure 14.4175 El Paso – Structure 15.1185 Elgie – includes shed 16.3280 Elinor – structure 17.3805 Eloise – accessory building 18.2375 Euclid – structure only 19.2415 Euclid – structure 20.2625 Euclid – structure 21.4220 Fonville – structure 22.2625 Goliad – structure 23.1830 Harriot – structure 24.2235 Harrison – structure 25.1985 Hebert – structure 26.455 Jeanette – includes garage 27.4355 Jeanette – structure 28.3435 Kenwood – structure 29.3955 Lydia – structure 30.4095 W. Lynwood – structure 31.1875 Magnolia – structure 32.4290 Maida – structure 33.590 Nolan – structure 34.8285 Oakridge – includes 2 sheds 35.1445 Prairie – structure 36.2930 Sabine Pass – includes shed 37.8270 San Bruno – structure 38.5320 Seale – includes shed 39.1104 Sherman – commercial 40.3910 St Helena – includes garage & apartment 41.2405 Terrell – structure 42.3040 Terrell – includes shed 43.2855 Victoria – includes carport 44.2625 Washington – includes shed 45.920 Wiess – includes shed 46.5395 Wilshire – garage only PUBLIC HEARING: July 18, 2023 Unsafe Substandard Structures Consider approval of an ordinance declaring certain structures to be unsafe substandard structures and ordering their removal within 10 days or authorizing the property owner to enroll the unsafe structure in a work program. ND 1.1715 Mcfaddin (on the lot of 592 2 st) - structure 2.205 E. Alma – includes shed 3.2350 Angelina – garage apartment only 4.1545 Avenue F – structure 5.3116 Bolivar– includes carport 6.4445 Brandon – structure 7.824 Catalpa – structure 8.4105 Congress – structure 9.3235 Corley – structure 10.295 E. Delaware – structure 11.2770 Dogwood – includes shed 12.5253 Downs – structure 13.3504 Edmonds – structure 14.4175 El Paso – structure 15.1185 Elgie – includes shed 16.3280 Elinor – structure 17.3805 Eloise – accessory building only 18.2375 Euclid – structure 19.2415 Euclid – structure 20.2625 Euclid – structure 21.4220 Fonville – structure 22.2625 Goliad – structure 23.1830 Harriot – structure 24.2235 Harrison – structure 25.1985 Hebert – structure 26.455 Jeanette – includes garage 27.4355 Jeanette – structure 28.3435 Kenwood – structure 29.3955 Lydia – structure 30.4095 W. Lynwood – structure 31.1875 Magnolia – structure 32.4290 Maida – structure 33.590 Nolan – structure 34.8285 Oak Ridge – includes 2 sheds 35.1445 Prairie – structure 36.2930 Sabine Pass – includes shed 37.8270 San Bruno – structure 38.5320 Seale – includes shed 39.1104 Sherman - commercial 40.3910 St Helena – includes garage and apartment 41.2405 Terrell – structure 42.3040 Terrell – includes shed 43.2855 Victoria – includes carport 44.2565 Washington – includes shed 45.920 Wiess – includes shed 46.5395 Wilshire – garage only