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HomeMy WebLinkAbout10/31/2023 PACKETREGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, OCTOBER 31, 2023 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS City of Beaumont’s Approach to Mental Health RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Persons may speak on the Consent Agenda and Regular Agenda Items 1-5 (or any other topic). Items 6-9 have already been heard in a Public Hearing, therefore citizens can’t speak on the items. 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 approving the October 24, 2023, City Council meeting minutes. B. Council to consider appointments to the Community Development Advisory Committee. C. Council to consider the appointment of Hester Bell to the Historic Landmark Commission. D. Council to consider the appointment of Kunwoo Choi to the Library Commission. E. Council to consider the appointment of Tom Noyola to the Planning and Zoning Commission. F. Council to consider appointments to the Police Department Community Advisory Committee. G. Council to consider the appointment of Dayna Simmons to the Convention and Tourism Advisory Board. H. Council to consider a resolution approving the purchase of protective bunker gear for use in the Fire Department. I. Council to consider a resolution approving the purchase of Self Contained Breathing Apparatus (SCBA) for use by the Fire Department. REGULAR AGENDA 1. Council to consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with Callan Marine, Ltd., of Galveston, for the Riverfront Park Restoration Project. 2. Council consider a resolution approving the purchase of twelve (12) vehicles for use in various City departments. 3. Council consider a resolution authorizing the City Manager to execute Change Order No. 3 to the contract with Allco, LLC, for the Collier’s Ferry Pump Station Project. 4. Council consider a resolution authorizing the purchase and installation of a PAX PWM250 mixer assembly for use at the Southwest Elevated Storage Tank. 5. Council to consider the adoption of a Naming Policy ordinance. 6. Council consider a request for a Specific Use Permit and a Rezone from RCR-H (Residential Conservation Revitalization-Historic) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District to allow a motor vehicle dealer for property located at 2190 Calder Avenue. 7. Council to consider a request for a Rezoning from GC-MD (General Commercial- Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District or a more restrictive district for property located at 5090 Concord Road. 8. Council consider a request for a Specific Use Permit to allow a worship facility in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 7285 Calder Avenue. 9. 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 2576 Interstate 10 East. WORK SESSION Review and discuss whether to split the Parks and Recreation Advisory Committee into two separate committees. COUNCIL COMMENTS 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: October 31, 2023 REQUESTED ACTION: Council to consider approving the October 24, 2023, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the Minutes ATTACHMENTS Minutes - October 24, 2023 Minutes – October 24, 2023 MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner, Mayor Pro Tem ROY WEST, MAYOR Randy Feldschau, At-Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III OCTOBER 24, 2023 Chris Durio, Ward IV 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 October 24, 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 Item 1 Mayor West called the council meeting to order at 1:30 p.m. Invocation and Pledge of Allegiance was led by students from St. Anthony Cathedral Basilica. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Turner, Councilmembers Durio, Getz, Feldschau, Samuel and Neild. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition “A-Fill-The-Boot Days” – November 3-5, 2023 – Proclamation read by Councilmember Durio; accepted by Captain Danny Carpenter, Beaumont Fire Fighter Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Item 1 (or any other topic) (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov). Brianna Wilturner 2950 Hebert St. Beaumont TX Ronald Kelley 2295 Angelina Beaumont TX Scott Andrus 2085 Long St. Beaumont TX Leonard Thomas No Address Beaumont TX Minutes – October 24, 2023 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 approving the October 17, 2023, City Council Meeting Minutes. B. Council to consider a resolution approving an annual maintenance agreement from CrowdStrike Falcon Complete from CDW Government LLC of Vernon Hills, IL – Resolution 23-305 C. Council to consider approving the renewal of an annual maintenance agreement with Tyler Technologies of Plano, TX – Resolution 23-306 D. Council to consider a resolution authorizing the City Manager to execute an agreement with BNSF Railway Company – Resolution 23-307 E. Council to consider a resolution accepting the 2023 Certified Tax Roll (FY 2024) – Resolution 23-308 F. Council to consider a resolution authorizing the City Manager to execute a Temporary Construction Easement with the Willis Harris Estate – Resolution 23-309 Councilmember Neild moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Council to consider authorizing the City Manager to enter into an interlocal agreement with the Texas Municipal League Intergovernmental Risk Pool for Liability Insurance Coverages. The City of Beaumont is self-insured and does not utilize a commercial insurance provider, or any other third-party insurance provider, for its various lines of liability coverage. These include, but are not limited to, general liability, law enforcement liability, errors & omission liability, and automobile liability. Being self-insured, the City pays claims directly out of its budgeted funds and does not pay a premium to an insurance company to cover the City's claims and associated litigation costs. The City has been a self-insured provider of its liability coverages since 2004, when it withdrew from the Texas Municipal League Intergovernmental Risk Pool (TMLIRP). Staff has revisited the City's various insurance coverage needs to determine if there is a benefit to the City by opting to be insured by a third-party provider. Currently, the Texas Municipal League Intergovernmental Risk Pool provides various insurance coverage to Minutes – October 24, 2023 approximately 1,100 Texas cities. Staff has been meeting with the Risk Pool since February to determine if opting to be part of the Risk Pool would provide a benefit to the City. After receiving a quote for various insurance coverage options from the Risk Pool, and after meeting with multiple representatives of the Risk Pool, staff has determined that by opting to be part of the Risk Pool, liability coverages of the Risk Pool would provide valuable benefits to the City of Beaumont. There are financial, and non-financial, benefits to bind coverage with the Risk Pool for certain liability coverages. These include general liability, law enforcement liability, errors & omissions, automotive liability, and cyber liability & data breach. By binding these coverages with the Risk Pool, the net financial cost to the City during the current fiscal year is less than $100. This does not include the estimated savings of $100,000 that the City expects it will save as a result of not requiring funding to cover litigation expenses for retaining outside legal representation to assist with the City's claims. There are also non-financial benefits to the City as a result of being a member of the Risk Pool. These include, but are not limited to, the following: 1. A dedicated service team assigned to help the city manage risk, such as a Risk Management Advisor, Safety and Loss Control Specialist, Underwriter, and Billing Specialist. 2. A stable and economic source of risk financing and loss prevention services. 3. Claims management by specialists who know and understand immunities and tort caps applicable to local governments. 4. Access to the Risk Pool’s online training platform, LocalGovU, with thousands of training courses, as well as the Risk Pool’s free in-person training. Some training also includes continuing education credits. 5. Specialized resources on The Pool’s website, including several risk management resources such as Police & Fire Best Practices, Establishing an Effective Return to Work Program, Call Before You Fire Program and Hurricane Preparedness. 6. Access to the Risk Pool’s internal legal team for any legal questions, as well as TML and their legislative experts. 7. Defense council for covered claims that are litigated. 8. Subrogation services by the Risk Pool when damage occurs to the City’s property. Binding these coverages with the Risk Pool will allow the city to dedicate more of its time focusing on improving safety, accident prevention, and ensuring a safe, healthy work environment. It's anticipated that over time, improvements in these areas will help to reduce the City's claims and settlements, thus lowering costs for annual insurance premiums. Funds will come from the General Fund. Minutes – October 24, 2023 Authorize the City Manager to enter into an Interlocal Agreement with the Texas Municipal League Intergovernmental Risk Pool for the City of Beaumont Liability Coverages. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL FOR LIABILITY INSURANCE COVERAGE. Mayor Pro Tem Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-310 Mayor West read the announcement regarding the Executive Session being held at the conclusion of Public and Councilmember comments. DISCUSSION ITEM Discussion of the Naming Policy Ordinance Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov. COUNCILMEMBER COMMENTS COUNCILMEMBER TEM DURIO - COUNCILMEMBER GETZ - MAYOR PRO TEM TURNER - COUNCILMEMBER FELDSCHAU - COUNCILMEMBER SAMUEL - COUNCILMEMBER NEILD - CITY ATTORNEY REED – PW DIRECTOR BARTKOWIAK – ACM BOONE – ACM ELLIS - Minutes – October 24, 2023 CITY CLERK BROUSSARD - CITY MANAGER WILLIAMS - MAYOR WEST – EXECUTIVE SESSION Consider matters related to the contemplated or pending litigation in accordance with Section 551.071 of the Government Code: ▪ The Claim of Stella DeBlanc ▪ The Claim of Tiffany Simpson Open session of meeting recessed at 3:15 p.m. Roy West, Mayor Tina Broussard, City Clerk B TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: October 31, 2023 REQUESTED ACTION: Council to consider appointments to the Community Development Advisory Committee. BACKGROUND Councilmen Feldschau appoints Robin Troy and Dora Nisby to the Community Development Advisory Committee. The term for each shall begin on October 31, 2023, and expire on September 30, 2025. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Robin Troy and Dora Nisby are appointed to the Community Development Advisory Committee by Councilmember Randy Feldschau. The term for each will commence October 31, 2023, and expire September 30, 2025. 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 31st day of October, 2023. _______________________________ - Mayor Roy West - C TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: October 31, 2023 REQUESTED ACTION: Council to consider the appointment of Hester Bell to the Historic Landmark Commission. BACKGROUND Councilmen Feldschau appoints Hester Bell to the Historic Landmark Commission. The term shall begin on October 31, 2023, and expire on September 30, 2025. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Hester Bell is appointed to the Historic Landmark Commission by Councilmember Randy Feldschau. The term will commence October 31, 2023, and expire September 30, 2025. 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 31st day of October, 2023. _______________________________ - Mayor Roy West - D TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: October 31, 2023 REQUESTED ACTION: Council to consider the appointment of Kunwoo Choi to the Library Commission. BACKGROUND Councilmen Feldschau appoints Kunwoo Choi to the Library Commission. The term shall begin on October 31, 2023, and expire on September 30, 2025. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Kunwoo Choi is appointed to the Library Commission by Councilmember Randy Feldschau. The term will commence October 31, 2023, and expire September 30, 2025. 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 31st day of October, 2023. _______________________________ - Mayor Roy West - E TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: October 31, 2023 REQUESTED ACTION: Council to consider the appointment of Tom Noyola to the Planning and Zoning Commission. BACKGROUND Councilmen Feldschau appoints Tom Noyola the Planning and Zoning Commission. The term shall begin on October 31, 2023, and expire on September 30, 2025. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Tom Noyola is appointed to the Planning and Zoning Commission by Councilmember Randy Feldschau. The term will commence October 31, 2023, and expire September 30, 2025. 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 31st day of October, 2023. _______________________________ - Mayor Roy West - F TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: October 31, 2023 REQUESTED ACTION: Council to consider appointments to the Police Department Community Advisory Committee. BACKGROUND Councilmen Feldschau appoints William “Bill” Sam and Carlos Hernandez to the Police Department Community Advisory Committee. The term for each shall begin on October 31, 2023, and expire on September 30, 2025. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT William “Bill” Sam and Carlos Hernandez are appointed to the Police Department Community Advisory Commission by Councilmember Randy Feldschau. The term for each will commence October 31, 2023, and expire September 30, 2025. 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 31st day of October, 2023. _______________________________ - Mayor Roy West - G TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: October 31, 2023 REQUESTED ACTION: Council to consider the appointment of Dayna Simmons to the Convention and Tourism Advisory Board. BACKGROUND Councilmen Feldschau appoints Dayna Simmons to the Convention and Tourism Advisory Board. The term shall begin on October 31, 2023, and expire on September 30, 2025. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Dayna Simmons is appointed to the Convention and Tourism Advisory Board by Councilmember Randy Feldschau. The term will commence October 31, 2023, and expire September 30, 2025. 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 31st day of October, 2023. _______________________________ - Mayor Roy West - H TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 31, 2023 REQUESTED ACTION: Council to consider a resolution approving the purchase of protective bunker gear for use in the Fire Department. BACKGROUND Bunker gear is made of fire-retardant materials to provide protection from burns and exposure to hazardous chemicals during firefighting operations as well as protection from blood-borne pathogens. Fifty-eight sets of replacement bunker gear is being purchased at a total cost of $217,500. The pricing was obtained from Casco Industries, Inc. through the Buyboard contract. Buyboard is a cooperative purchasing association that complies with the State of Texas’ procurement statutes. Old gear will be disposed of as per City policy. Quote is attached. FUNDING SOURCE General Fund RECOMMENDATION Approval of the Resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT City Council hereby approves the purchase of protective bunker gear for use in the Fire Department from Casco Industries, Inc., of La Porte, Texas in the amount of $217,500.00 through the Buyboard Contract. 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 31st day of October, 2023. _______________________________ - Mayor Roy West - Casco Industries, Inc. Quotation 705 8TH STREET 281-443-0999 LA PORTE, TEXAS 77571 To: Beaumont Fire Department Attn: Gina Bankhead Fax: E-Mail: Ship to: Same Date Quoted By Date Expected Ship Via F.O.B. Terms 10/11/23 ROBBIE YANCY Best Way Shipping Point NET 30 Days Qty Description Unit Price Total BUY BOARD #698-23 58 GLOBE-11253F, Gemini XT G-Xtreme 3.0 Coat; Per Beaumont Specs w/ GLOBE GUARD SYSTEM, CHICAGO CLOSURE, U.S. FLAG & 3 SNAP SYSTEM $2,100.00 $121,800.00 58 GLOBE-F1253F, Gemini XT GPS Pants; Per Beaumont Specs W/ GLOBE GUARD SYSTEM, TOOL POCKET ON RIGHT POCKET & DRAGONHIDE REINFORCEMENTS ON THE POCKETS $1,650.00 $95,700.00 ANY GLOBE-3RL, 3” L/Y Lettering N/C N/C GLOBE WILL WARRANTY ALL THE STITCHING FOR THE SERVICABLE LIFE OF THE GEAR (10YRS) & ALL THE VELCRO FOR 5YRS. THE 3LAYER CROSSTECH MOISTURE BARRIER HAS A 7YR WARRANTY. (INCLUDES MATERIAL & LABOR) Sub Total $217,500.00 Shipping NONE TOTAL $217,500.00 ----------------------------------------- ROBBIE YANCY / Sales Representative I TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 31, 2023 REQUESTED ACTION: Council consider a resolution approving the purchase of Self Contained Breathing Apparatus (SCBA) for use by the Fire Department. BACKGROUND The Self Contained Breathing Apparatus (SCBA) was budgeted and will be purchased from Municipal Emergency Services, Inc., in the amount of $139,723.27. The Fire Department must periodically replace old and/or defective SCBA units and related material. The units provide breathing air to firefighters while engaged in firefighting activities. Pricing for the equipment was obtained through the Houston-Galveston Area Council (H-GAC) purchasing cooperative, which provides cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with State of Texas procurement statues. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the Resolution ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT City Council hereby approves the purchase of Self-Contained Breathing Apparatus (SCBA) for use in the Fire Department from Municipal Emergency Services, Inc., of Houston, Texas in the amount of $139,723.27 through the Houston-Galveston Area Council (H-GAC) 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 31st day of October, 2023. _______________________________ - Mayor Roy West - (877) 637-3473 Quote Quote # QT1748365 Date 10/11/2023 QT1748365 Page 1 of 1 Bill To BEAUMONT, CITY OF ACCOUNTS PAYABLE P.O. BOX 3827 BEAUMONT TX 77704 United States Expires 10/26/2023 Sales Rep Reed, Ethan PO # Christian Singler Shipping Method FedEx Ground Customer BEAUMONT FIRE DEPARTMENT (TX) * Customer # C32174 Ship To Chief Bourgeois BEAUMONT FIRE DEPARTMENT 400 WALNUT STREET BEAUMONT TX 77701 United States Item Alt. Item # Units Description QTY Unit Price Amount X8814025005A04 Standard Belt with No Accessory Pouch, E-Z Flo+ Regulator with Quick Disconnect Hose (Rectus-type fittings), No EBSS Accessory Hose, No Airline Connection, No Spare Harness Kit, SEMS II Pro, No Case, Packaged 2 SCBA Per Box 14 $7,062.68 $98,877.52 804722-01 CYL&VLV ASSY,CARB,45MIN,4500 18 $1,386.79 $24,962.22 804723-01 (HM) CYL&VLV CARBON 60 4 $1,544.44 $6,177.76 SCBA Flow Test SCBA Flow Test 14 $25.00 $350.00 201215-21 AV3000 HT with Kevlar lining and 4-strap harness-Red, Small 5 $346.51 $1,732.55 201215-22 AV3000 HT with Kevlar lining and 4-strap harness-Red, Medium 17 $346.51 $5,890.67 201215-23 AV3000 HT with Kevlar lining and 4-strap harness-Red, L 5 $346.51 $1,732.55 HGAC Contract EE08-19 Subtotal $139,723.27 Shipping Cost $0.00 Tax Total $0.00 Total $139,723.27 This Quotation is subject to any applicable sales tax and shipping and handling charges that may apply. Tax and shipping charges are considered estimated and will be recalculated at the time of shipment to ensure they take into account the most current information. All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice. 1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 31, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with Callan Marine, Ltd., of Galveston, for the Riverfront Park Restoration Project. BACKGROUND On January 24, 2023, by Resolution No. 23-030, City Council awarded a contract to Callan Marine, of Galveston, in the amount of $16,879,376.00, for the Riverfront Park Restoration Project. This authorized work consisted of the installation of a new sheet pile wall, dredging, demolition, a new concrete dock, subsurface drainage, civil site work, a new retaining wall outfall, restoration of 2-48” drain lines, sidewalks, handrails, irrigation, repairs to the pavilion roofs, electrical and lighting work and miscellaneous park items as called out in the plans. Proposed Change Order No. 1, in the amount of $159,745.46, is being requested to remove and properly dispose of substantial amounts of unforeseen buried concrete debris, a brick wall structure, and buried creosote pilings. The debris and pilings were discovered once construction began, despite several surveys to identify any potential conflicts to the new improvements. This debris conflicts with placement of both the ACBM mat and the bulkhead wall on the north end of the Riverfront Park and must be removed and properly disposed of for construction to continue. Twelve (12) additional calendar days are being requested with this Change Order. If approved, Change Order No. 1 will result in a new contract amount of $17,039,121.46. FUNDING SOURCE Capital Program in the amount of $581,729.86, Texas Division of Emergency Management (TDEM) in the amount of $1,265,953.20, and Federal Emergency Management Agency (FEMA) in the amount of $15,191,438.40. RECOMMENDATION Approval of the resolution. ATTACHMENTS Riverfront Park Change Order No .1 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on January 24, 2023, the City Council of the City of Beaumont, Texas passed Resolution No. 23-030 awarding a contract in the amount of $16,879,376.00 to Callan Marine, Ltd., of Galveston, Texas, for the Riverfront Park Restoration Project; and, WHEREAS, Change Order No. 1, in the amount of $159,745.46, is being requested to remove and properly dispose of substantial amounts of unforeseen buried concrete debris, a brick wall structure, and buried creosote pilings. The debris and pilings were discovered once construction began, despite several surveys to identify any potential conflicts to the new improvements, thereby increasing the total contract amount to $17,039,121.46; 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 Change Order No. 1, in the amount of $159,745.46 for additional work described above, thereby increasing the total contract amount to $17,039,121.46 for the for the Riverfront Park Restoration Project; and, 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 31st day of October, 2023. _______________________________ - Mayor Roy West - Contract - 001.001 23-Oct-2023 10:14 AM CST Riverfront Park Restoration 801 Main Street Beaumont, Texas 77701 Project Number: PW1023-02 001.001: Change Order No. 1: Concrete/ Brick Debris & Creosote Removal. Grand Total: $159,745.46 For 001 Riverfront Park Restoration Construction Division 35 Line Item Type Lump sum Group 3.0 Construction Scope of Work This requested change order is necessary to remove and properly dispose of substantial amounts of unforeseen buried concrete debris, a brick wall structure, and buried creosote pilings. The debris and pilings were discovered once construction began, despite several surveys to identify any potential conflicts to the new improvements. This debris conflicts with placement of both the ACBM mat and the bulkhead wall on the north end of the Riverfront Park and must be removed and properly disposed of for construction to continue. Notes Awarded To Reason Code Unforseen Site Conditions Days Changed 12 Attachments 2s dumpsters.pdf Change Order 1 - Concrete Debris & Creosote Removal.pdf Change Order reports.pdf Creosote Dumpsters.pdf Change Order Summary Original Contract Sum 16,879,376.00 Substantial Completion Date Net Cost by Previous Approved COs 0.00 Net Time Change By Previous COs 0 days Contract Sum Before This CO 16,879,376.00 Substantial Completion before This CO Contract Sum Changed By This CO 159,745.46 Time Changed By This CO 12 days New Contract Sum 17,039,121.46 New Substantial Completion Date All Change Orders make up 0.95% of the Original Contract Callan Marine Ltd Rick Alexander 29143 Grand Total: 159,745.46 Accounting and Status Accounting Status Item Id 448 PO Number 433176 FEMA Number 6499 Accounting Project Code H13015 Custom Accounting Field 04 Custom Accounting Field 05 Custom Accounting Field 06 Custom Accounting Field 07 Custom Accounting Field 08 Line Items Item # Account Code WBS/ Section Description Total Amount Concrete and Brick Debris Removal - Change Order 1 001 Concrete/ Brick 352023.13 Concrete/ Brick Debris Removal 128,214.13 002 Creosote 352023.13 Creosote Timber Pile Removal 31,531.33 Total 159,745.46 Name or Role Status Actions 1 External-Inspector Approved Brett Roebuck 16-Oct-2023 09:06 AM CST 2 External-Engineer Approved Chris Guy 16-Oct-2023 10:58 AM CST 3 Project Manager Approved David Tingle 16-Oct-2023 11:03 AM CST 4 City Engineer Approved Amalia "Molly" Villarreal 19-Oct-2023 02:57 PM CST 5 Director Approved Bart Bartkowiak 20-Oct-2023 10:30 AM CST 6 Admin Pending 7 Assistant City Manager Waiting for previous approvals. 8 City Clerk Waiting for previous approvals. Approval Pending Due: 27-Oct-2023 2 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 31, 2023 REQUESTED ACTION: Council consider a resolution approving the purchase of twelve (12) vehicles for use in various City departments. 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 2007-2016. 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 $1,202,854.64. 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. Quotes are attached. FUNDING SOURCE Capital Reserve Fund: $804,751.07 Water Fund: $398,103.57 RECOMMENDATION Approval of the resolution. ATTACHMENTS RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT City Council hereby approves the purchase of twelve (12) vehicles for use in various City departments from Silsbee Ford, of Silsbee, Texas in the amount of $1,202,854.64 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 31st day of October, 2023. _______________________________ - Mayor Roy West - ITEM QTY. 1 1 2 2 3 1 4 1 5 2 6 1 7 1 8 1 9 1 10 1 CAPITAL RESERVE FUND: $ 804,751.07 WATER FUND: $ 398,263.57 TOTAL $ 1,203,014.64 TOTAL 12 $ 1,203,014.64 PURCHASE OF FLEET VEHICLES MF-1024-15 DEPT/DIVISION DESCRIPTION TOTAL PRICE ACCOUNT# WATER CUSTOMER SERVICE 2023 FORD F250 UTILITY BODY 2023 FORD F250 UTILITY BODY 2024 FORD F550 W/2MAN VERSALIFT BOOM 2024 FORD F550 W/1MAN BUCKET TRUCK 29' FACILITIES MAINTENANCE TRAFFIC MANAGEMENT TRAFFIC MANAGEMENT TRAFFIC MANAGEMENT SEWER MAINTENANCE TRAFFIC MANAGEMENT 2023 FORD F450 CREW FLATBED SEWER MAINTENANCE EMS WATER DISTRIBUTION 2024 TRANSIT CARGO XL HIGH ROOF 51080608016215 61724415046215 61770905046215 61770905046215 61770905046215 $ 66,143.65 $ 139,792.80 $ 164,808.98 $ 135,535.98 2024 FORD F550 W/1MAN BUCKET TRUCK 29' $ 255,951.96 2024 FORD F750 CREW CAB 4x2 - DUMP 2024 FORD F350 CREW CAB FLATBED W/SPACEPACK AND LIFT GATE 2022 FORD F550 PIPE HUNTER $ 107,783.11 51080608016215 $ 52,731.00 $ 72,746.98 61770905046215 51080608016215 61740555046215 51080605016215 $ 55,930.35 $ 151,589.83 3 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 31, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 3 to the contract with Allco, LLC, for the Collier’s Ferry Pump Station Project. BACKGROUND On April 12, 2022, by Resolution No. 22-108, City Council awarded a contract to Allco, LLC, of Beaumont, in the amount of $25,088,259.00 for the Collier’s Ferry Pump Station Project. Previous Change Order Nos. 1-2, in the amount of $171,835.00, are attached for your review. Proposed Change Order No. 3, in the amount of $12,218.71, is required to remove trees in close proximity to the proposed meter pad location. Brush has been removed from the area per the contract, but once the meter pad location was staked out, it was discovered that additional clearing is required. This additional clearing is to accommodate the necessary over-excavation for the concrete pad that requires up to 15 trees be removed to allow for proper construction of the subgrade and foundation. Moving the pad to avoid removal of the trees would require re- alignment of the 48” water main and would reduce the area in front of the pump station to be used by vehicles and other equipment. This change order covers the work required by Allco’s subcontractor, Justin’s Tree Service & Stump Grinding, to remove trees and grind stumps. No additional days will be added to the contract for the additional work. If approved, Change Order No. 3 will result in a new contract amount of $25,272,312.71. FUNDING SOURCE Capital Program and FEMA. RECOMMENDATION Approval of the resolution. ATTACHMENTS Collier's Ferry Pump Station CO 3 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on April 12, 2022, the City Council of the City of Beaumont, Texas passed Resolution No. 22-108 awarding a contract in the amount of $25,088,259.00 to Allco, LLC, of Beaumont, Texas, for the Collier’s Ferry Pump Station Project; and, WHEREAS, Change Orders Nos. 1-2, in the amount of $171,835.00 increased the total contract price to $25,260,094.00; and, WHEREAS, Change Order No. 3, in the amount of $12,218.71, is required to remove trees in close proximity to the proposed meter pad location, thereby increasing the total contract amount to $25,272,312.71; 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 Change Order No. 3, in the amount of $12,218.71 for additional work described above, thereby increasing the total contract amount to $25,272,312.71 for the Collier’s Ferry Pump Station 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 31st day of October, 2023. _______________________________ - Mayor Roy West - 4 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: October 31, 2023 REQUESTED ACTION: Council consider a resolution authorizing the purchase and installation of a PAX PWM250 mixer assembly for use at the Southwest Elevated Storage Tank. BACKGROUND The Southwest Elevated Storage Tank currently does not have a tank mixer. A tank mixer can improve disinfectant residual control, reduce tank corrosion, eliminate stratification, reduce disinfection byproducts and reduce water age by thoroughly circulating water within the tank. The total pricing for the mixer assembly and installation in the amount of $56,630.00 was obtained from PAX Water Technologies Inc., of Chicago, a sole source provider of the patented equipment. Quote and sole source letter are attached for your reference. FUNDING SOURCE Capital Program – Water Production Systems. RECOMMENDATION Approval of the resolution. ATTACHMENTS Southwest Elevated Storage Tank proposal. 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 the purchase and installation of a PAX PWM250 mixer assembly for use at the Southwest Elevated Storage Tank in the amount of $56,630.00 from PAX Water Technologies, Inc., of Chicago, Illinois. 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 31st day of October, 2023. _______________________________ - Mayor Roy West - Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com FIRM PROPOSAL PAX PWM250 MIXER FOR BEAUMONT TX - 1MG SOUTHWEST EST PAX PWM250 SERIES MIXER PAX Water Technologies, Inc. File No.: P23-20964-Rev 2 Prepared on: July 5, 2023 SALES REPRESENTATIVE: Environmental Improvements (EI2) Blake Roye 1183 Brittmoore Rd., Ste.100 Houston, TX 77043 T: (713) 461-1111 Email: blake@ei2hou.com Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com TABLE OF CONTENTS Cover Letter Section 1 : Scope of Supply Section 2 : Proposal Acceptance Section 3 : Terms and Conditions IMPORTANT NOTICE: All the information in this Proposal or supplied in connection with this Proposal (including drawings, designs and specifications) (collectively, the “Information”) is confidential and has been prepared for Buyer’s use solely in considering the purchase of the goods and services described. Transmission of all or any part of this Proposal to others or use by Buyer for other purposes is unauthorized without Seller’s advance written consent. Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com July 5, 2023 John Pippins Beaumont Water Department Re: Blueprint Drawing 7-6760 Contract No. 15 Project C-10 Drawing, 1,000,000 Gallon Southwest Elevated Water Storage Tank Bid No. WUO123-08 Drawing, Southwest Elevated Storage Tank Rehabilitation Lift Station PAX PWM250 Mixer for Beaumont Water Department, TX PAX Water Technologies, Inc. File No.: P23-20964-Rev 2 Dear John, Thank you for your interest in PAX Water Technologies, Inc., a cleanwater1 company. We are pleased to provide a Proposal for a PAX PWM250 mixer for the 1MG Southwest EST. Our Proposal is based on the following design criteria: Gallons of Stored Water, in Millions 1 Average Asset Turnover, MGD 0.2 Maximum Asset Turnover, MGD 0.35 Tank Diameter, in feet 76 Tank Height, in feet 44 Total Tank Height, in feet 135 High Water Level, in feet 32 Low Water Level, in feet 23 The PAX PWM250 mixer is a submersible active mixing system for potable water storage tanks and reservoirs. When operated correctly, the PAX PWM250 mixer can rapidly eliminate thermal stratification, decrease ice formation, rapidly blend and distribute doses of residual disinfectant, and maintain uniform chemical and temperature conditions. Under some conditions, the mixing action can also reduce the rate of residual disinfectant loss and lower volatile disinfection byproduct levels inside the tank when used as part of an in-tank aeration system. Installation of the PAX PWM250 mixer is very simple. The utility or contractor can perform the “wet- side” mixer installation while the tank is full by lowering the mixer into the tank access hatch using a stainless steel chain. Equipment start-up may be provided by PAX or the local PAX representative. PAX will provide installation a start-up checklist form. A detailed scope of work and firm price for the complete system is listed in Section 1 of this Proposal. Section 3 includes our standard Terms and Conditions. All pricing is based on the scope of work described in Section 1 and the Terms and Conditions in Section 3. The PAX line of water mixers offers many advantages, including: • Eliminates thermal stratification, short-circuiting and “dead zones” • Eliminates chemical stratification and residual loss • Lowers surface water temperature and combats biofilm growth • Reduces variability in water taste and odor • Reduces nitrification risk in chloraminated water systems • Lowers rate of disinfection by-product (DBP) formation • Delivered and installed quickly, with minimal construction and installation cost • Proven track record supported by years of successful operational experience Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com We look forward to working with you on this project. If we can be of any further assistance, please do not hesitate to contact our sales representative Blake Roye at Environmental Improvements (EI2), or me at (210) 245-0870. Thank you. Sincerely, Jeremy Scott Regional Sales Manager cc: John Busse, cleanwater1, inc. Wendy Trinh, PSI Water Technologies, Inc. Blake Roye, Environmental Improvements Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com SECTION 1 SCOPE OF SUPPLY PAX PWM250 MIXER A. Scope of Supply by PAX B. Scope of Work by Steward Tanks C. Scope of Work by Others D. Clarifications E. Terms of Payment/Price Validity F. Delivery G. Warranty Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com A. SCOPE OF SUPPLY BY PAX The following equipment and services comprise our scope of work: No Item Description Qty. PWM250 Mixer Wet Assembly, including:  Stainless-Steel ballast ball and housing  EPDM molded foot  Integrated power cable  The ability to function continuously regardless of tank cycles  230V Three phase 2 horsepower water-cooled motor powered by the PAX Control Center  50 ft stainless-steel installation chain  See below for on-site power requirement(s) 1 Control Center Dry Assembly with SCADA Compatibility, including: NEMA 4 Enclosure:  Lockable and weather resistant  Overall weight of control center 70 lbs.  Operating temperature range -4 ºF to 129 ºF (-20 ºC to 55 ºC)  Green and Red LED Indicator lights to display motor status  White LED Indicator light to display power  Cooling fan Motor Controller/VFD:  Allen Bradley  On-site power requirement: 230VAC single phase  VFD Rating: 3 HP  HOA Switch  Manual speed control  Thermal shut-off protection built-in  Current overload protection built-in  Sine filter  Branch-circuit protection SCADA outputs included:  Digital Output signal indicating motor running  Digital Output signal indicating fault  Digital Input/Output signal for remote motor on/off  RS-485 or Dry Contact connections  4-20mA signal 1 Cable 130 ft., including:  Flat-jacketed 4-conductor 1 Tank Penetration Accessories  Stainless steel strain relief for 4 wire flat-jacketed cable 1 Submittal and Operation & Maintenance Manual as Follows  Submittals: Qty. One (1) Sent Electronically  O&M Manual: Qty. One (1) Hard Copy Please notify us if an alternate quantity is required so that we can modify our Proposal accordingly. Included Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com B. SCOPE OF INSTALLATION BY STCI 1. Mounting of manufacturer supplied mixer control panel utilizing unistrut to tank riser sidewall (ground level). Unistrut attachment secured to sidewall or Unistrut rack with washered Tapcon screws. 2. Installation of 1” schedule 40 PVC conduit from mixer controller routed up tank riser access ladder with conduit beam clamps (secured to the ladder stand-offs or magnetic mounts -STCI shall determine best method) to riser platform. Based on tank design, STCI shall install all equipment INSIDE the tank. 3. Tank penetration: [if necessary] A 1” hole will be drilled as necessary at riser platform above the high water level to allow for mounting of aluminum conduit body (dry side) to the Pax supplied 1” strain relief (wet side). a. A 3/8” hole will be drilled in riser platform to allow to mounting of S.S. eyebolt (STCI supplied) to secure mixer recovery chain (PAX supplied). 4. Physical install of PWM-250 into the tank: Installation assumes the mixer to be installed in the tank while empty and be positioned below the roof access hatch nearest the exterior access ladder. The mixer power cable will be secured (nylon zip ties) at 10’-12’ intervals to recovery chain to maintain a neat appearance and limit possible entanglement. Recovery chain will be secured to S.S. eyebolt mounted in sidewall of roof access hatch neck/nozzle. a. Mixer cable will pass through the strain relief and terminate in an aluminum conduit body. 5. 12 AWG THHN stranded wire (red, black, yellow, green – STCI supplied) will be pulled through the 1” PVC conduit from the controller to the conduit body. 6. Mixer wire will be connected to 12 AWG TTHN wire in conduit body via wire nuts. 7. 12 AWG TTHN wire to/from mixer will be connected to the mixer controller per manufacturer’s instructions. 8. Measurement of readings required by the manufacturer will be made to confirm proper mixer operation when mixer is powered on. a. If power is not supplied to controller at time of installation, STCI will not be able to test and confirm mixer operation. STCI / PAX will not be responsible to return and confirm operation of mixer at a later date. 9. Site clean-up of related installation materials. 10. Installation includes conduit, conduit connections, wire, and conduit mountain brackets. No Item Description Qty. Manufacturer’s Field Services (1 Day at the Jobsite), including:  System Start-Up  Operator Training Included FOB Factory, Milpitas, CA with Full Freight Allowed to Jobsite, Beaumont Water Department, TX Included FIRM PRICE [ITEMS 1 – 7] [US] $ 33,950 System Installation by Steward Tanks FIRM PRICE [ITEM 8] * Note: Price assumes mixer control panel is to be located inside tank riser at ground level. STCI will mount controller to riser sidewall or shall provide Uni- strut mounting support (for mixer controller only) for the controller utilizing existing foundation whichever is most feasible. [US] $ 22,680* TOTAL PRICE [ITEMS 1 – 8] [US] $ 56,630 Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com C. SCOPE OF WORK BY OTHERS 1. Equipment unloading and installation. 2. All civil works, concrete penetrations, concrete work, concrete pad for equipment. 3. Any underground, trenching, or structural work. 4. Anchor bolts, seismic restraints, S.S. shackles, and any associated seismic calculations. 5. Heat tracing and insulation of all interconnecting equipment. 6. Any supply or install of room ventilation, air conditioning, lighting, signs, powered vents, water or air heaters, pressure tanks, sinks, showers, drains and/piping, controllers/switches. 7. Any video recording. 8. Installation, supply, or connection of incoming electrical power to control panel or other equipment. 9. Any safety disconnects or enclosures. 10. Any electrical conduit runs including any below grade conduit supply or installation. 11. Any tank recoating services, labor, or parts. 12. Any tank hatch penetrations. 13. All electrical conduit, wiring, electrical material, connection, etc. between control panel, SCADA, etc. 14. Any installation of electrical outlets, inspection, or engineering. 15. Any installation of pull boxes, pipe raceways, sumps, sewer connection, or water supply piping. 16. Any line locates of any type, radiological/magnetic locates. 17. Any welding (beyond noted above in Part 1, subsection B). 18. Any tank cleaning or disinfection. 19. Any samples. 20. All taxes, fees, lien waivers, bonds and licenses. 21. Any permitting or regulatory approvals. 22. Any liquidated damages. 23. Any items not explicitly listed under Scope of Work by PAX above. C. CLARIFICATIONS 1. The PWM250 utilizes a stainless steel chain for lowering mechanism. 2. On-site power requirement to the Control Center of the PAX Mixer is 230VAC single phase. 3. Reservoir Low Water Level must be above 6 feet for the PWM250 to function properly. 4. If power is not supplied to controller at time of installation, STCI will not be able to test and confirm mixer operation. STCI / PAX will not be responsible to return and confirm operation of mixer at a later date. 5. If transaction is tax-exempt, please submit Tax Exemption Certificate to PAX. 6. PAX requires a minimum of two (2) weeks notification prior to performing onsite installation inspection, system start-up and training. PAX will work with you to attempt to accommodate your scheduling needs. Contact the Service Department at (866) 729-6493 to schedule the onsite visit. 7. Once the on-site service has been scheduled, PAX requires a minimum of one (1) week notification in the event of a delay. Notice of delay received less than one (1) week prior to a scheduled site visit may result in a change fee. Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com D. TERMS OF PAYMENT/PRICE VALIDITY  Payment terms are 100% net 30 days after shipment of equipment.  Price valid for 30 days. PAX may reprice this Proposal thereafter or if delivery occurs more than 365 days after PAX receives a mutually agreed order. E. DELIVERY  Submittals: 2 weeks after receipt of mutually agreed order  Equipment Shipment: 6-7 weeks after approval of submittals F. WARRANTY  PAX will warrant the equipment for 5 years as set forth in its standard warranty included in the Terms and Conditions at Section 3 of this Proposal. Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com SECTION 2 PROPOSAL ACCEPTANCE PAX Water Technologies, Inc. File No.: P23-20964-Rev 2 1) This Proposal by PAX Water Technologies, Inc. (“Seller”) is contingent upon the undersigned buyer (“Buyer”) executing this Proposal, including without limitation agreeing to the terms and conditions contained in this Proposal. 2) Please return a signed copy of this Proposal to: PAX Water Technologies, Inc. 550 Sycamore Drive Milpitas, CA 95035 Attn: Orders Phone: (510) 550-7100 E-mail: orders@ugsicorp.com Thank you for your interest in PAX. We are committed to meeting your expectations. Proposal Acceptance An authorized signature indicates Buyer's acceptance of this Proposal, including without limitation the Terms and Conditions in Section 3 below. _________________________________ ____________________________ Company Name Buyer's Name (printed) _________________________________ ____________________________ Date Buyer's Authorized Signature _________________________________ Requested Arrival Date Bill To Name: _______________________ Ship To Name: ________________________ Bill To Email: _______________________ Ship To Email: ________________________ Bill To Phone: _______________________ Ship To Phone: ________________________ Bill to Address: _______________________ Ship to Address: ________________________ City State Zip City State Zip Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com SECTION 3 TERMS AND CONDITIONS 1. Applicable Terms. These terms govern Seller's sale, and Buyer's purchase, of the products and/or services referred to in Seller’s proposal or quotation (collectively, the "Products"). The front page of Buyer’s purchase order (disregarding any reference to terms and conditions and any provisions that conflict herewith), if any, together with the description of the Products in Seller’s proposal or quotation and these terms and conditions comprise the complete and exclusive agreement between the parties (the “Agreement”) related to the purchase and sale of the Products. All prior communications, documents, negotiations and representations, if any, are merged herein. Whether these terms are included in an offer or an acceptance by Seller, such offer or acceptance is conditioned on Buyer's assent to these terms. Any additional, different or conflicting terms contained in Buyer's request for proposal, specifications, purchase order or any other written or oral communication from Buyer shall not be binding in any way on Seller, whether or not they would materially alter this document, and Seller hereby objects thereto. All orders are subject to prior credit approval by Seller. 2. Pricing. The prices shall be: (a) as stated in Seller's proposal or order acknowledgment, or (b) if none are stated, Seller’s standard prices in effect at the time of release for shipment. 3. Payment. Unless otherwise stated, all payments shall be net 30 days from invoice date payable in United States Dollars. If Buyer fails to make any payment to Seller when due, Buyer's entire account(s) with Seller will become immediately due and payable without notice or demand. Buyer will pay 1½% interest per month, compounded monthly, on all amounts not received by the due date. Buyer hereby grants Seller a purchase money security interest in the Products until such time as Seller is fully paid. Buyer will assist Seller in taking action to perfect and protect Seller's security interest. Seller may make partial shipments, in which case, Buyer shall pay for each shipment in accordance with the terms hereof. 4. Taxes, Shipping, Packing. Except to the extent expressly stated otherwise in these terms or in Seller’s proposal or quotation, prices do not include any freight, storage, insurance, taxes, excises, fees, duties or other government charges, and Buyer shall pay such amounts or reimburse Seller for any such amounts Seller pays. If Buyer claims a tax or other exemption or direct payment permit, it shall provide Seller with a valid exemption certificate or permit and indemnify, defend and hold Seller harmless from any taxes, costs, and penalties arising out of same. Prices include the costs of Seller's standard domestic packing only. Any deviation from standard packing (domestic or export) shall result in extra charges. Any and all increases, changes, adjustments, or surcharges (including fuel surcharges) which may arise in connection with the freight charges, rates or classification included as part of this Agreement, shall be for the Buyer’s account. 5. Delivery. Products shall be delivered F.O.B. Seller's point of shipment or Ex Works Seller’s point of shipment if being delivered outside the United States. All delivery dates are estimated and are dependent in part upon prompt receipt of all necessary information from Buyer, including submittal approvals, if applicable, and all required commercial documentation. Seller will make a good faith effort to complete delivery of the Products on the date and to the location specified in writing by Buyer, but Seller assumes no liability for loss or damage due to delay or inability to deliver, whether or not such loss or damage was made known to Seller. If Buyer causes or requests a shipment delay, or if Seller ships or delivers the Products erroneously as a result of inaccurate, incomplete or misleading information supplied by Buyer or its agents or representatives, storage and all other additional costs and risks will be borne solely by Buyer. Any claims for Products damaged or lost in transit (“Transit Losses”) must be made by Buyer to the carrier and reported to Seller within one business day following delivery to Buyer. 6. Inspection and Acceptance. Buyer will have seven days from the date Buyer receives any Products to inspect such Products for defects and nonconformance which are not due to Transit Losses, and to notify Seller, in writing, of any defects, nonconformance or rejection of such Products. After such seven- day period, Buyer will be deemed to have irrevocably accepted the Products, if not previously accepted. Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com After such acceptance, Buyer will have no right to reject or revoke acceptance of the Products for any reason. 7. Returns and Cancellation. Buyer may not return custom engineered Products. Buyer may return other Products only with Seller’s prior written approval, which may be withheld in Seller’s sole discretion. Any authorized return will be subject to payment of a restocking charge and will be allowed only if the subject Product: (i) is in new condition, suitable for resale, and (ii) has not been used, installed, modified, altered or damaged. The restocking charge for authorized returns will be no less than (x) 25% of the purchase price, net of any freight charges included in the purchase price, plus (y) 100% of freight costs incurred by Seller. Buyer is responsible for the payment or reimbursement of return freight charges. Returns will be shipped F.O.B. Seller’s location. Seller may, but will not be obligated to, treat any cancellation of an accepted order as an authorized return. 8. Force Majeure. Seller will have no liability for any breach caused by extreme weather or other act of God, strike or other labor shortage or disturbance, fire, accident, war or civil disturbance, delay of carriers, failure of normal sources of supply, act of government, epidemic or other public health crisis, or any other cause beyond Seller's reasonable control. 9. Warranty. Seller warrants to Buyer and the initial end-user of the Product (collectively, the “Owner”) for the Warranty Period (as defined below) that each Product is free from defects in material and workmanship and conforms to Seller’s specifications applicable to the Product. Seller’s warranty is conditioned on (i) Seller’s verification of the alleged breach; (ii) the Product being stored, handled, installed, started-up, operated and maintained in accordance with Seller's instructions, (iii) no repairs, modifications or alterations being made to the Product other than by Seller or its authorized representatives, (iv) Owner providing prompt written notice of any warranty claims within the Warranty Period, and (v) at Seller's discretion, Owner either removing and shipping the Product or non-conforming part thereof to Seller, such freight cost to be paid by Seller, or Owner granting Seller access to the Products at all reasonable times and locations to assess the warranty claims. Seller’s warranty does not cover damage due to (x) acts of nature or third parties, or (y) ordinary wear and tear. The sole remedy for any breach of Seller’s warranty is limited to Seller's choice of repair or replacement of the Product, or non-conforming parts thereof, F.O.B. jobsite, or refund of the purchase price for the subject Product or part. Seller reserves the right to provide new or reconditioned replacement Products or parts (collectively, “Replacement Items”). The warranty on Replacement Items is limited to the remainder of the original Warranty Period and otherwise subject to the terms of this warranty. This warranty includes labor to install Replacement Items, subject to the following conditions: (a) Seller will reimburse Owner’s reasonable, documented labor costs to install the Replacement Items up to an aggregate maximum of $2,500 over the full Warranty Period; and (b) Seller may elect, but is not obligated, to install the Replacement Items itself, in which case (i) Seller will bear all of its costs of installation; and (ii) Seller’s obligations to pay for or provide additional labor under this warranty will be discharged in full. In any event, labor costs of divers and labor costs required to drain the storage tank or reservoir are excluded from this warranty. If Seller determines that any alleged defect or damage is not covered by this warranty, Seller will charge, and Owner will pay, Seller’s normal rates for any inspection or repair performed by Seller, and for any materials provided or used in connection therewith. The “Warranty Period” applicable to each Product begins on the date of installation or three (3) months after shipment, whichever comes first, and continues for 60 months thereafter. THE WARRANTY SET FORTH IN THIS SECTION IS INTENDED TO BE SELLER'S SOLE AND EXCLUSIVE WARRANTY AND SELLER’S WARRANTY IS SUBJECT TO SECTION 10 BELOW. SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES REGARDING SERVICES RENDERED, IF ANY, OR ANY WARRANTIES THAT MIGHT ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. IF IT IS ALLEGED OR DETERMINED THAT SELLER HAS MADE ANY OTHER WARRANTIES, SUCH OTHER WARRANTIES SHALL BE SUBJECT TO ALL THE CONDITIONS, LIMITATIONS, AND PROCEDURES SET FORTH IN THIS SECTION 9 AND SECTION 10 BELOW. Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com 10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER’S TOTAL LIABILITY ARISING AT ANY TIME FROM THE SALE OR USE OF THE PRODUCTS WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCTS. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY. THE REMEDIES SET FORTH IN THIS AGREEMENT ARE INTENDED TO CONSTITUTE A COMPLETE ALLOCATION OF THE RISKS BETWEEN THE PARTIES, AND BUYER ACKNOWLEDGES THAT IT IS KNOWINGLY LIMITING THE REMEDIES THAT MIGHT OTHERWISE BE AVAILABLE TO BUYER. BECAUSE THIS AGREEMENT AND THE PRICE PAID REFLECT SUCH ALLOCATION, THE REMEDIES PROVIDED TO BUYER HEREUNDER WILL NOT HAVE FAILED OF THEIR ESSENTIAL PURPOSE EVEN IF THEY OPERATE TO BAR RECOVERY FOR CERTAIN DAMAGES THAT BUYER MAY INCUR. 11. Remedies of Seller. Any of the following will constitute an event of default which will enable Seller, at its option and without liability to Buyer, to cancel any unexecuted portion of the order that is the subject of this Agreement and to exercise any other right or remedy expressed herein or otherwise available at law or in equity: (i) the failure of Buyer to make any payment required hereunder when due (“Payment Default”) or to perform any other term or condition contained herein; (ii) the insolvency of Buyer or its failure to pay its debts as they mature, an assignment by Buyer for the benefit of its creditors, the appointment of a receiver for Buyer or for the materials covered by this Agreement, or the filing of any petition to adjudicate Buyer bankrupt; (iii) a failure by Buyer to provide adequate assurance of performance within ten days after a justified demand by Seller; or (iv) if Seller, in good faith, believes that Buyer's prospect of performance under this Agreement is impaired. Seller’s obligations under Section 9 hereof will be suspended during the pendency of any Payment Default. No such suspension will extend Seller’s obligations under Section 9 beyond the Warranty Period provided therein. Seller’s election of any remedy in the event of a default by Buyer will not preclude Seller from exercising any other remedy available to Seller hereunder or at law or in equity for the same or any other default. In the event it becomes necessary to incur any expense for collection of any overdue account, Seller’s collection charges, including attorneys’ fees and expenses, will be added to the balance due and Buyer will pay all such charges together with interest thereon from the date incurred in accordance with Section 3. 12. Equal Employment Opportunity. Seller is an equal opportunity employer. The parties shall, as applicable, abide by the requirements of 41 CFR 60-1.4(a), 41 CFR 60-300.5(a), 41 CFR 60-741.5(a) and Executive Order 13496 (29 CFR Part 471, Appendix A to Subpart A) (relating to the notice of employee rights under federal labor laws), and these laws and regulations are incorporated herein by reference. 13. Export Compliance. Buyer acknowledges that Seller is required to comply with applicable export laws and regulations relating to the sale, export, transfer, assignment, disposal, and use of the Products provided under this Agreement, including any export license requirements. Buyer agrees that such Products shall not at any time directly or indirectly be used, exported, sold, transferred, assigned, or otherwise disposed of in a manner which will result in non-compliance with such export laws and regulations. It shall be a condition of the continuing performance by Seller of its obligations hereunder that compliance with such export laws and regulations be maintained at all times. BUYER WILL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY AND ALL COSTS, LIABILITIES, PENALTIES, SANCTIONS AND FINES RELATED TO NON-COMPLIANCE WITH APPLICABLE EXPORT LAWS AND REGULATIONS. 14. Miscellaneous. No part of this Agreement may be changed or cancelled except by a written document signed by Seller and Buyer. As used in this Agreement, “including” and its variants mean “including without limitation” and its variants. No course of dealing or performance, usage of trade, or failure to enforce any term will be used to modify the Agreement. Buyer acknowledges that it has not relied upon any letters of intent, agreements, promises, negotiations, statements or representations other than those expressly set forth in this Agreement and that no such extraneous document or other communication shall be of any force or effect. Buyer agrees and warrants that in entering into this Phone: (866) 729-6493 Email: sales@paxwater.com Web: paxwater.com Agreement, Buyer is relying solely upon the information contained in this Agreement and not in reliance upon any other information. If any of these terms is unenforceable, such term will be limited only to the extent necessary to make it enforceable, and all other terms will remain in full force and effect. Buyer may not assign this Agreement without Seller’s prior written consent. This Agreement will be governed by the laws of the State of California without regard to its conflict of laws provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. Any bond issued by Seller in connection with the sale of the Products shall remain in effect for a maximum of two (2) years after acceptance of the Products, and the only warranty, guaranty or Product performance obligations covered thereby shall be those at Section 9 above. Buyer covenants to return any such bond to Seller upon the earlier to occur of (x) the expiration of the Warranty Period, and (y) the expiration of the aforesaid two-year period. All Product performance obligations of Seller are contingent on the conditions of and within the tank in which the Products are installed being as specified by Seller and will be considered satisfied and discharged upon successful completion of the initial Product performance testing. EACH OF THE PARTIES IRREVOCABLY AND UNCONDITIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY IN RESPECT OF ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING IN CONNECTION WITH THE TRANSACTION CONTEMPLATED HEREBY. Rev Date 03.25.22 550 Sycamore Drive Milpitas, CA 95035 866 729 6493 cleanwater1.com info@cleanwater1.com 1 October 23, 2023 John Pippins Beaumont Water Department Beaumont, TX 77707 Re: PAX PWM250 Mixer for Beaumont Water Department Dear John, PAX Water Technologies (PAX) of Milpitas, California proposes to supply a PAX PWM250 Mixer to the Beaumont Water Department. PAX designs, manufactures and supplies a range of potable water mixers that generate a unique, high-efficiency, toroidal flow. The PWM250 Mixer is an active jet mixer that creates a powerful vortex flow pattern to thoroughly circulate the entire tank volume and prevent thermal and chemical stratification. PAX is the sole manufacturer of the PWM250 Mixer. Environmental Improvements, Inc. (EI²) is PAX’s independent representative in Texas for PAX Water Mixers. EI² possesses the technical expertise and service capability to provide mixing solutions to address its customers’ water quality requirements. If you have further questions, please contact our Regional Sales Manager, John Busse, at (936) 537-7356. Sincerely, Guy Chadwell Vice President and General Manager PAX Water Technologies a division of UGSI Chemical Feed, Inc. 5 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: October 31, 2023 REQUESTED ACTION: Council to consider the adoption of a Naming Policy ordinance. BACKGROUND The City of Beaumont currently does not have a formal process naming/renaming new and existing properties. The proposed ordinance will establish an objective process and allow for more transparency. FUNDING SOURCE Not applicable. RECOMMENDATION None. ATTACHMENTS ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS ESTABLISHING AND ADOPTING A POLICY REGARDING THE NAMING RIGHTS OF CITY PARKS, FACILITIES, STRUCTURES, RESOURCES, AND OTHER CITY PROPERTIES. ARTICLE 14.07 Park, Facility, Structure, and Feature Naming Policy 14.07.001 Purpose The purpose of this policy is to establish and standardize the procedures for the naming or renaming of parks, facilities, structures, resources, or other City of Beaumont properties or features except City streets by any person, group, business, or organization. It will not be necessary that every city owned property have a name, and properties with existing names should only be renamed in exceptional circumstances. The naming or renaming of any City properties under this policy is intended to convey a government message and thus constitutes government speech. Names play an important role in defining the image the City projects to its residents and visitors alike. The City Council will exercise full authority over the ultimate names determined under this policy based on aesthetics, history, and local culture. The City Council reserves the right to remove the name or rename any City property. 14.07.002 Responsibility (a) The City Council shall have the final authority for naming all City properties. (b) In instances where the property to be named or renamed would fall under the purview of an existing City Board, Commission or Committee, it is the responsibility of the City Board, Commission or Committee to review requests and staff recommendations and/or make suggestions and require that staff forward recommendations to the City Council regarding the naming of City properties. (c) If no applicable City Board, Commission or Committee exist, recommendations will be considered by City staff as designated by the City Manager, or by an ad hoc committee appointed by the City Council, as needed, and consisting of one (1) City Council member, one (1) staff member, and three (3) citizens at large. Meetings of an ad hoc committee created under this section shall be subject to all Open Meetings Act requirements. The ad hoc committee will sit only so long as necessary to evaluate the naming suggestion for which it was created and will dissolve once final action has been taken on the suggestion. 14.07.003 Naming Considerations (a) The following guidelines shall be considered when determining proposals for naming or renaming of City property. Criteria beyond those listed below can be considered by the City Council for determining the naming of a particular City property. The City Council may choose any name that serves the purpose of this Article, and a suggested name meeting any or all criteria under 14.07.003(a)(1) or (2) will not automatically result in that suggested name being selected for a particular property. (1) Guiding Principles (A) Does the proposed name have historical, cultural, or social significance for current and future generations? (B) Does the name engender a positive image in members of the community? (C) Will the name symbolize a major achievement or advancement for the community at large? (D) Will the name be suitable based on the location of the property being named? (E) Does the proposed name have an unintentional or inappropriate meaning, connotation, or association based on the purpose of this policy? (2) Naming Categories (A) Exceptional Individuals – Proposed names intended to recognize an exceptional community member or leader that has shown themselves to be a dedicated supporter of the community will have the following guiding principles: (i) Made a lasting and significant contribution to the City; (ii) Made a substantial contribution to the betterment of a specific City property; (iii) Had a positive impact on the lives of residents within the City; and/or (iv) Demonstrated service record of volunteerism for many years to the community. (B) Historic Events, Places, and Persons – The history of the City and its community are important in continuing and progressing the City’s identity, diversity, and culture. Naming City properties to commemorate historic events, places, and persons helps to preserve the history of the community and the impact of those events or individuals had on the progress of the City. Preference will be given to names that honor local people and events over non-local names. (C) Major Gifts – A corporation, association, individual, or other legally created entity making a major gift may request that the name of the benefactor be associated with the name of the park, facility, structure, feature, or other property. These requests will be evaluated on an individual basis by the City Council with input from City staff and any associated City Board, Commission, or Committee; where applicable. As a guideline, the threshold for naming shall include the following: (i) Deeding to the City the land on which the property will be located; (ii) Payment of one-half or more of the capital costs of constructing the property; or (iii) The creation of a long-term endowment for the maintenance and repair of the property. (D) Purchased Naming Rights – The City Council may also select to sell the naming rights of a City park, facility, structure, or feature. The City Council may issue a Request for Proposals (RFP) process or by other means permitted by applicable law for corporate naming of City property. The entity purchasing the naming rights of a City property will cover all costs for signage, plaques, and/or markers, and all such devices shall be in fundamental compliance with the design and aesthetics of signage already in use by the City for like properties. Naming rights procured in this manner cannot be conveyed. The City Council will evaluate naming proposals under this subsection based on their adherence to other guidelines under 14.07.003(a)(2), as well as: (i) The reputation of the purchaser; (ii) If the purchaser is a company or corporation, whether the corporation’s products/services align with the nature and function of the property to be named; and (iii) The duration and revenues specified for the naming rights. (E) To the extent a City property is financed with tax exempt bonds, the City should consult with its bond counsel prior to finalizing any name under §14.07.003(a)(2)(C) or (D). (F) Requests made under 14.07.003(a)(2)(C) or (D) must still satisfy the stated purpose and policy of this Article, and if determined by the City Council to not be in line with the stated policy, the name along with the associated gift or purchase offer may be refused by the City Council if no acceptable alternative can be found. (3) The following shall be avoided: (A) Cumbersome, corrupted or modified names. (B) Profane, discriminatory, or derogatory names relating to age, race, religion, creed, national origin, sex, color, marital status, disability, sexual orientation, political affiliation, or other similar categories. (C) Duplicate names or names that in sound or pronunciation are similar to other names currently in the City or extra-territorial jurisdiction. (D) Names of appointed or elected officials currently in office. 14.07.004 Procedure (a) A person, group, association, business, corporation, or other legally created entity may suggest a name for City property by submitting a letter to the City Clerk’s office. Letters should include: (1) The proposed name; (2) A short explanation of why the property should be named or renamed; and (3) A description of the proposed namesake’s contributions to the community or other justification for naming a park, facility, structure, or feature that name. (b) City Council, at its next regular meeting, will decide if an ad hoc committee is necessary or if the request would fall under the purview of an existing City Board, Commission, or Committee. If it is determined that an ad hoc committee will be necessary, Council shall create the committee and appoint members as required under §14.07.002(c). (c) The City Manager shall direct the letter to the appropriate City Department for review by staff. Staff shall evaluate: (1) The requestor’s proposal in consideration of the stated policy and purpose of this section; (2) The impact on public safety; (3) The financial impact for changing signs, plaques, and markers; and (d) Upon completion of staff review, staff shall refer the naming suggestion and its recommendation to the appropriate City of Board, Commission or Committee, where applicable, the ad hoc committee created for the naming request, if so created, or to the City Council. Naming requests forwarded to a Board, Commission, or Committee or an ad hoc committee shall be referred to the City Council with the Board, Commission or Committee’s recommendation regarding the suggestion within thirty (30) days of the date it was referred to the board, commission, or committee. (e) City Council adoption: (1) For renaming – The City shall publish notice of the prospective change in a paper of general circulation, shall send notification letters to impacted properties as required by City ordinance and state statute, and shall hold public hearing on the proposed name change. Following the public hearing, the City Council may adopt a resolution officially renaming a park, facility, structure, or feature. (2) For new parks, facilities, structures, or features – The City Council shall hold a public hearing on the proposed name. Following the public hearing, the City Council may adopt a resolution officially naming the park, facility, structure, or feature. (f) Requests to name individual features with a value of less than $5,000.00 shall be referred to the appropriate City staff and shall not require the approval of the City Council. (g) Staff shall designate minimum thresholds as part of any capital campaigns related to the construction of new parks, facilities, structures, or features. At the beginning of the campaign, staff shall establish the duration and terms for which the naming rights shall apply. (h) Individuals or groups who wish to donate a feature and name the feature in honor of an individual or group will have their request evaluated by staff on the following criteria/requirements: (1) Established need for the feature; (2) The requestor shall pay the full cost to erect or construct the feature; (3) The requestor shall fund all ongoing maintenance costs of the feature, as well as the cost of replacement if the feature is damaged or destroyed; and (4) The name chosen, as well as the reputation of the name or group, must abide by all the requirements of this section, as applicable. (i) This section does not apply to naming requests falling under 14.07.003(a)(2)(D). 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 31st day of October, 2023. _______________________________ - Mayor Roy West - 6 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: October 31, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit and a Rezone from RCR-H (Residential Conservation Revitalization-Historic) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District to allow a motor vehicle dealer for property located at 2190 Calder Avenue. BACKGROUND Mohammad Mukhtar is requesting a Rezone with a Specific Use Permit to allow a motor vehicle dealer at 2190 Calder Avenue. The subject property is located at the southeast corner of the intersection at McFaddin Avenue and N. 6th Street and is to be rezoned from RCR-H (Residential Conservation Revitalization-Historic) District to GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District. Rezoning this property to GC-MD-2 is consistent with the adjoining zoning district, and allows for conditions that can provide a buffer for surrounding residential properties. Prior to a Certificate of Occupancy, an 8’ wood or masonry privacy fence will be required for the entire length of the eastern property line to serve as a buffer from the residences to the east. Additionally, all lighting must be directional and shielded from all residential properties. At a Joint Public Hearing held on October 16, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit and a Rezone from RCR-H (Residential Conservation Revitalization-Historic) District to GC-MD-2 (General Commercial Multiple Family Dwelling-2) District to allow a motor vehicle dealer for property located at 2190 Calder Avenue, with the following conditions: 1. All lighting installed must be directional and shielded from all residential properties to the northwest, north and east. 2. Shall install 8’ wood or masonry fence along the entire length of the eastern property line. 3. All business operations shall be in compliance with Section 28.04.007 Performance Standards. 4. No permanent structures or appurtenances shall be placed within the easement, alleyway or right-of-way property. 5. The motor vehicle dealer business shall only operate between the hours of 8 a.m. to 7 p.m. Planning Staff received protest from more than 20% of the area of the lots within two-hundred (200) feet immediately adjoining the property where the Rezone and Specific Use Permit is proposed. As a result, the City Council shall not approve a Specific Use Permit or Rezone, except by the favorable vote of three-fourths (3/4) of all the members of council as required in Section 28.02.008 of the City’s Code of Ordinances. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. All lighting installed must be directional and shielded from all residential properties to the northwest, north and east. 2. Shall install 8’ wood or masonry fence along the entire length of the eastern property line. 3. All business operations shall be in compliance with Section 28.04.007 Performance Standards. 4. No permanent structures or appurtenances shall be placed within the easement, alleyway or right-of-way property. 5. The motor vehicle dealer business shall only operate between the hours of 8 a.m. to 7 p.m. ATTACHMENTS Legal Description 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 RCR-H (CONSERVATION REVITALIZATION-HISTORIC) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED 2190 CALDER AVENUE, 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 RCR-H (Residential Conservation Revitalization-Historic) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 2190 Calder Avenue, being Lot 7 and western half of Lot 8, Block 16, McFaddin 2 nd Addition, Beaumont, Jefferson County, Texas, containing 0.48 acres, more or less, as shown on Exhibit “A,” attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of October, 2023. _______________________________ - Mayor Roy West - ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MOTOR VEHICLE DEALER IN THE GC-MD-2 (GENERAL COMMERICAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 2190 CALDER AVENUE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Mohammad Mukhtar has applied for a specific use permit to allow a motor vehicle dealer in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 2190 Calder Avenue being Lot 7 and western half of Lot 8, Block 16, McFaddin 2 nd Addition, Beaumont, Jefferson County, Texas, containing 0.48 acres, more or less, as shown on Exhibit “A,” attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a motor vehicle dealer in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 2190 Calder Avenue, subject to the following conditions: 1. All lighting installed must be directional and shielded from all residential properties to the northwest, north and east; and, 2. Shall install an 8’ wood or masonry fence along the entire length of the eastern property line; and, 3. All business operations shall be in compliance with Section 28.04.007 Performance Standards; and, 4. No permanent structures or appurtenances shall be placed within the easement, alleyway or right-of-way property; and, 5. The motor vehicle dealer business shall only operate between the hours of 8:00 a.m. to 7:00 p.m.; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a motor vehicle dealer 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 vehicle motor dealer in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 2190 Calder Avenue, being Lot 7 and western half of Lot 8, Block 16, McFaddin 2 nd Addition, Beaumont, Jefferson County, Texas, containing 0.48 acres, more or less, as shown on Exhibit “A,” attached hereto is hereby granted to Mohammad Mukhtar, their legal representatives, successors and assigns, as shown on Exhibit "B,” attached hereto and made a part hereof for all purposes, subject to following conditions: 1. All lighting installed must be directional and shielded from all residential properties to the northwest, north and east. 2. Shall install an 8’ wood or masonry fence along the entire length of the eastern property line. 3. All business operations shall be in compliance with Section 28.04.007 Performance Standards. 4. No permanent structures or appurtenances shall be placed within the easement, alleyway or right-of-way property. 5. The motor vehicle dealer business shall only operate between the hours of 8:00 a.m. to 7:00 p.m. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto as Exhibit “B,” the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of October, 2023. _______________________________ - Mayor Roy West - 7 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: October 31, 2023 REQUESTED ACTION: Council consider a request for a Rezoning from GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District or a more restrictive district for property located at 5090 Concord Road. BACKGROUND Faust Engineering, on behalf of Donald Wise, requests a Rezoning of a property located 5090 Concord Road from GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District. Mr. Wise intends to develop townhomes for residential use. According to our City’s Comprehensive Plan the property is located within the “Stable Area.” Such areas are “built up areas which are generally characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and delict buildings and deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development sites.” This request appears to align with our City’s Comprehensive Plan of Beaumont. At a Joint Public Hearing held on October 16, 2023, the Planning Commission recommended 7:0 to approve the request for a Rezoning from GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District or a more restrictive district for property located at 5090 Concord Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Legal Description 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT OR A MORE RESTRICTIVE DISTRICT FOR PROPERTY LOCATED AT 5090 CONCORD ROAD, 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 RS (Residential Single Family Dwelling) District for property located at 5090 Concord Road, being Lot 1, Block 3 (less road ROW), French Heights Addition, Beaumont, Jefferson County, Texas, containing 1.10 acres, more or less, as shown on Exhibit “A,” attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of October, 2023. _______________________________ - Mayor Roy West - 8 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: October 31, 2023 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a worship facility in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 7285 Calder Avenue. BACKGROUND Pastor Carlton Sharp requests approval of a Specific Use Permit for a worship facility to be located at 7285 Calder Avenue. The GC-MD-2 zoning district requires a Specific Use Permit for all new land uses proposed. The facility will be owned by Faith Christian Center Church and the project will include a church and family life center. The hours of operation will be Monday to Friday, 8 a.m. to 5 p.m. with Wednesdays to have extended hours from 7 p.m. to 10 p.m. and Sundays from 8 a.m. to 12 p.m. There will be four (4) full-time employees and six (6) part-time employees. This facility will host community outreach programs such as food giveaways, youth programs, back to school programs and enrichment seminars. At a Joint Public Hearing held on October 16, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a worship facility in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 7285 Calder Avenue, with the following conditions: 1. Construction plans shall comply with all applicable Building, Health and Fire Codes and Landscaping requirements. 2. 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. 3. No permanent structures or appurtenances shall be placed within the easement property. 4. Shall submit a drainage and parking lot plan to include proper storm sewer design, delineated parking spaces and erosion control measures for the proposed and future parking lot. 5. Relocate the dumpster for easier access by the garbage truck. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Construction plans shall comply with all applicable Building, Health and Fire Codes and Landscaping requirements. 2. 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. 3. No permanent structures or appurtenances shall be placed within the easement property. 4. Shall submit a drainage and parking lot plan to include proper storm sewer design, delineated parking spaces and erosion control measures for the proposed and future parking lot. 5. Relocate the dumpster for easier access by the garbage truck. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A WORSHIP FACILITY IN THE GC- MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 7285 CALDER AVENUE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Pastor Carlton Sharp has applied for a specific use permit to allow a worship facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 7285 Calder Avenue, being Plat SP-6, Tracts 93, 94-A, 99, and 123, C. Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas, containing 5.56 acres, more or less, as shown on Exhibit “A,” attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a worship facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 7285 Calder Avenue, subject to the following conditions: 1. Construction plans shall comply with all applicable Building, Health, and Fire Codes and Landscaping requirements; and, 2. 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; and, 3. No permanent structures or appurtenances shall be placed within the easement property; and, 4. Shall submit a drainage and parking lot plan to include proper storm sewer design, delineated parking spaces, and erosion control measures for the proposed and future parking lot; and, 5. Relocate the dumpster for easier access by the garage truck; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a worship center 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 worship facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 7285 Calder Avenue, being Plat SP-6, Tracts 93, 94-A, 99, and 123, C. Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas, containing 5.56 acres, more or less, as shown on Exhibit “A,” attached hereto is hereby granted to Pastor Carlton Sharp, their legal representatives, successors and assigns, as shown on Exhibit "B,” attached hereto and made a part hereof for all purposes, subject to following conditions: 1. Construction plans shall comply with all applicable Building, Health, and Fire Codes and Landscaping requirements. 2. 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. 3. No permanent structures or appurtenances shall be placed within the easement property. 4. Shall submit a drainage and parking lot plan to include proper storm sewer design, delineated parking spaces, and erosion control measures for the proposed and future parking lot. 5. Relocate the dumpster for easier access by the garage truck. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto as Exhibit “B,” the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of October, 2023. _______________________________ - Mayor Roy West - 9 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: October 31, 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 2576 Interstate 10 East. BACKGROUND Jimmy Jasani requests approval for a Specific Use Permit to allow a drinking place located at 2576 Interstate 10 East. This suite has an existing Certificate of Occupancy to operate a hookah lounge and the applicant wishes to add a bar with extended hours until 2 a.m. to it. Additional information regarding the operations of the business was not disclosed to staff. This property is in close proximity to city-owned property to the north, hotels to the west, a church and city-owned park to the east, and two (2) high density apartments located off Sweet Gum Lane. In regard to consideration of safety, 911 reports indicate from January 1, 2020 to March 28, 2023, there have been two-hundred nineteen (219) calls made in relation to the suites within the Town Center Shops Plaza. In efforts to keep this shopping center safe for patrons and surrounding properties, a drinking place may not be a compatible use at this location. At a Joint Public Hearing held on October 16, 2023, the Planning Commission recommended 7:0 to deny 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 2576 Interstate 10 East. While this request is not recommended by staff or the Planning Commission, should the City Council choose to approve the Specific Use Permit, staff would recommend the following conditions: 1. Shall be in compliance with Section 28.04.007 Performance Standards. 2. Operational hours shall not exceed 10:00 p.m. on Sundays. 3. 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. 4. Construction plans and operations shall comply with applicable Health, Building and Fire Codes and requirements. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the ordinance. Should City Council choose to approve the Specific Use Permit, staff would recommend the following conditions: 1. Shall be in compliance with Section 28.04.007 Performance Standards. 2. Operational hours shall not exceed 10:00 p.m. on Sundays. 3. 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. 4. Construction plans and operations shall comply with applicable Health, Building and Fire Codes and requirements. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN THE GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2576 INTERSTATE 10 EAST, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Jimmy Jasani 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 2576 Interstate 10 East, being Blocks 3, 4, and 5, Emma Reed Addition, Beaumont, Jefferson County, Texas, containing 1.55 acres, more or less, as shown on Exhibit “A,” attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending denial of a specific use permit for a drinking place in a GC- MD (General Commercial-Multiple Family Dwelling) District for property located at 2576 Interstate 10 East subject to the following conditions: 1. Shall be in compliance with Section 28.04.007 Performance Standards; and, 2. Operational hours shall not exceed 10 p.m. on Sundays; and, 3. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements to the City’s back-flow, pre- treatment and/or FOG program; and, 4. Construction plans and operations shall comply with applicable Health, Building and Fire Codes and requirements; 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 to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 2576 Interstate 10 East, being Blocks 3, 4, and 5, Emma Reed Addition, Beaumont, Jefferson County, Texas, containing 1.55 acres, more or less, as shown on Exhibit “A,” attached hereto is hereby granted to Jimmy Jasani, their legal representatives, successors and assigns, as shown on Exhibit "B,” attached hereto and made a part hereof for all purposes, subject to the following conditions: 1. Shall be in compliance with Section 28.04.007 Performance Standards. 2. Operational hours shall not exceed 10 p.m. on Sundays. 3. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements to the City’s back- flow, pre-treatment and/or FOG program. 4. Construction plans and operations shall comply with applicable Health, Building and Fire Codes and requirements. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto as Exhibit “B,” the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of October, 2023. _______________________________ - Mayor Roy West - WORK SESSION Council to review and discuss whether to split the Parks and Recreation Advisory Committee into two separate Committees. TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: October 31, 2023 REQUESTED ACTION: Review and discuss whether to split the Parks and Recreation Advisory Committee into two separate committees. BACKGROUND Review and discuss whether to split the Parks and Recreation Advisory Committee into two separate committees. FUNDING SOURCE RECOMMENDATION Review and discuss whether to split the Parks and Recreation Advisory Committee into two separate committees. ATTACHMENTS