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Home My WebLink About01/23/2024 PACKETREGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JANUARY 23, 2024 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS Communications Update Food Trucks – Steve Ahlenhius, President of the Beaumont Chamber of Commerce RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Regular Agenda Items 1-8 (Or any other topic). 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 January 9, 2024, City Council meeting minutes. B. Council approve a resolution for the repair of the ladder on a 100-foot ladder truck for the Fire Department. C. Council consider a resolution approving an annual maintenance agreement from Environmental Systems Research Institute, Inc. of Redlands, CA for $85,000 that is utilized by all city departments. D. Council consider a Resolution authorizing the City Manager to execute a Grant Agreement with Legacy CDC, LLC for the non-congregate shelter units project outlined in our HOME-ARP plan. REGULAR AGENDA 1. Council consider a resolution authorizing the acceptance of a seven and one-half foot (7.5’) wide Exclusive Water Line Easement. 2. Council consider a resolution authorizing the City Manager to award a contract to V&S Construction Company, of Manvel, TX for the Rehabilitation of 12” Water Line Along Gladys Avenue (From Dowlen Road – To West Lucas Drive) Project. 3. Council consider a resolution authorizing the City Manager to award a contract to Tanksco, Inc., of Fort Worth, TX for the Prison Ground Storage Tank Rehabilitation Project. 4. Council consider a resolution approving the purchase of network equipment from CDW-G of Vernon Hills, IL for use in multiple departments. 5. Council consider a resolution approving the proposal submitted by Preferred Facilities Group - USA to replace the standby generator at Fire Station No. 6 located at 1880 South Major Drive. 6. Council consider authorizing the City Manager to enter into an agreement with GP Realty and Management, Inc. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a mixed-use building including retail and apartments at 670-72 and 690 Orleans Street. 7. Council consider authorizing the City Manager to enter into an agreement with GP Realty and Management, Inc. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of an apartment complex at 704 Neches Street. 8. Council consider a request to extend the deadline to allow a multiple-family development and hotel at 670-690 Orleans, as approved in October of 2020. WORK SESSION Council conduct a Work Session to review and discuss requests from three developers for support of affordable housing projects between Calder Avenue and Phelan Boulevard, at 415 S. 11th Street and one on the west side of Wendelin Drive, south of 6005 College. Discuss and Receive Feedback on Converting to a Municipal Court of Record 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: January 23, 2024 REQUESTED ACTION: Council to consider approving the January 9, 2024, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes. ATTACHMENTS Minutes - January 9, 2024 Minutes – January 9, 2024 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 JANUARY 9, 2024 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 January 9, 2024, 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 – Communication Update  Public Comment: Persons may speak on the Consent Agenda/Regular Agenda item1-3 (or any other topic). Items 4 and 5 have already been heard in a Public Hearing therefore, citizens can’t speak on those items. Mayor West called the council meeting to order at 1:30 p.m. Pastor Jacob Smith with Victory Temple gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem 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 “Crime Stoppers Awareness Month” – January 2024 – Proclamation read by Tina Broussard, City Clerk; accepted by Jeremy Raley with Crime Stoppers of Southeast Texas “National Human Trafficking Month” – January 2024 – Proclamation read by Tina Broussard, City Clerk; accepted by Michelle Coon-Matheson and others with the Beaumont Junior League Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-3 (or any other topic). Items 4 and 5 have already been heard in a Public Hearing therefore, citizens can’t speak on those items. Victor Fulton 5690 Jackie Ln. Beaumont TX David Pete 6335 Chinn Ln. Beaumont TX Minutes – January 9, 2024 Denise Doggett 204 Calhoun Beaumont TX Joan Clark 195 N. 7th Beaumont TX Charlie Crabbe 928 East Dr. Beaumont TX Albert Harrison 1240 Ashley Beaumont TX Jerome Alexander 1118 Evalon St. Beaumont TX Scott Andrus 2030 Monica St. Beaumont TX (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) 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 December 19, 2023, City Council meeting minutes. C. Council to consider a resolution authorizing the City Manager to apply for and receive grant funds from the Texas State Library and Archives Commission, for digitizing services at the Tyrrell Historical Library – Resolution 24-002 D. Council to consider a resolution approving the renewal of an annual maintenance agreement from Azteca Systems, LLC of Sandy, UT for use by several city departments – Resolution 24-003 E. Council to consider appointments to the Library Commission – Resolution 24-004 F. Council to consider appointments to the Planning Commission – Resolution 24-005 G. Council to consider appointments to the Community Development Advisory Committee – Resolution 24-006 H. Council to consider appointments to the Historic Landmark Commission – Resolution 24- 007 I. Council to consider appointments to the Parks and Recreation Advisory Committee – Resolution 24-008 J. Council to consider appointments to the Police Department Community Advisory Committee – Resolution 24-009 K. Council to consider appointments to the Convention and Tourism Advisory Board – Resolution 24-010 L. Council to consider appointments to the Board of Adjustment – Resolution 24-011 Minutes – January 9, 2024 Councilmember Samuel moved to approve the Consent Agenda. Councilmember Durio seconded the motion. Mayor Pro Tem Turner stated that he would like to pull Item B from the Consent Agenda and vote upon it separately. Councilmember Samuel amended his motion to approve the Consent Agenda excluding item B. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED B. Council to consider approving the calendar for the FY 2024 City Council meetings– Resolution 24-001 Councilmember Neild motion to approve the Consent Agenda Item B. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: MAYOR PRO TEM TURNER AND COUNCILMEMBER DURIO MOTION PASSED REGULAR AGENDA 1. Council to consider a resolution approving Change Order No. 1 submitted by Delk Construction for the Civic Center Balcony Guardrail Modifications located at 701 Main Street. Change Order No. 1 resulted from the architect specifying the incorrect type of glass for the designated application of the new glass rail system. This change will ensure that no section or particles of glass fall on the area directly below the glass rail system. The proposed scope of work shall include the installation of a laminated film on both sides of the glass (as approved by BCS Engineers, LLC), reorder new screw studs for the mounting hardware, equipment to handle the glass panels, additional labor to handle the glass, and additional supervision for the extended project time. The total cost for Change Order No. 1 is $95,760.92 therefore resulting in a new contract amount of $521,160.92. On February 14, 2023, by Resolution No. 23-056 Beaumont City Council approved the proposal submitted by Delk Construction in the amount of $425,400.00 to install the modifications to the Civic Center balcony guardrail. Funds will come from the Capital Reserve (The total amount of Change Order No. 1 will be reimbursed by the Architect and his insurance carrier) Approval of the resolution. Minutes – January 9, 2024 Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1, FOR ADDITIONAL WORK, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $521,160.92, FOR THE CIVIC CENTER BALCONY GUARDRAIL MODIFICATIONS AT 701 MAIN STREET. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS: NONE ABSTAIN: COUNCILMEMBER NEILD MOTION PASSED RESOLUTION 24-012 2. Council to consider a resolution approving the award of an annual contract for custodial services for Water Utilities Complex. Bids for an annual contract to provide custodial services at the Water Utilities Complex were solicited from one hundred, thirteen (113) vendors and four responses were received. The contract provides for two possible one-year extensions at the bid price. WCD Enterprises, LLC., of Fort Worth, solicited the low qualified proposal with an annual amount of $17,221.48. Sanserve of Beaumont submitted a proposal with an annual cost of $17,775.00 and also submitted the required information and met the qualification for the City’s Local Vendor Preference Policy, which requires that they be within five percent (5%) of the low bid. Staff recommends award to Sanserve of Beaumont. Funds will come from the Water Utilities Fund. Approval of the Resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY WCD ENTERPRISES, LLC., OF FORT WORTH, TEXAS, IN THE AMOUNT OF $17,221.48 FOR AN ANNUAL CONTRACT WITH THE OPTION OF TWO (2) POSSIBLE ONE (1) YEAR EXTENSIONS AT THE BID PRICES TO PROVIDE CUSTODIAL SERVICES AT THE WATER UTILITIES COMPLEX BE ACCEPTED AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH WCD ENTERPRISE, LLC., OF FORT WORTH, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-013 Minutes – January 9, 2024 3. Council to consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the West Lucas Drive and Gladys Avenue Emergency Storm Sewer Point Repair and Cavity Repair Project. On December 5, 2023, the Engineering Department was notified by the Streets and Drainage department that the steel plates previously placed at the intersection of West Lucas and Gladys due to cavities and concrete pavement failure have started to settle and required a larger plate to be placed to secure the roadway. Due to the heavy traffic and the preliminary findings of survey and inspection showing defects with the storm line at this intersection, Public Works/Engineering has determined that the repair of these cavities and repair of the storm sewer line, must be performed on an emergency basis. On December 12, 2023, the City obtained a time and materials proposal not to exceed the amount of $538,770.00 from Brystar Contracting, Inc., to perform the necessary work. Brystar Contracting will remove approximately 24 linear feet of the existing aluminized steel arch pipe that has failed and replace it with a reinforced concrete box culvert of comparable size. All excavation, traffic control, road restoration and water line adjustments necessary to complete the work will be handled by Brystar Contracting as well. Funds will come from Certificates of Obligations. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO AWARD A CONTRACT TO BRYSTAR CONTRACTING, INC., OF BEAUMONT, TEXAS, FOR THE WEST LUCAS DRIVE AND GLADYS AVENUE EMERGENCY STORM SEWER POINT REPAIR AND CAVITY REPAIR PROJECT IN AN AMOUNT NOT TO EXCEED $538,770.00. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-014 4. Council to consider an ordinance authorizing the City’s participation in rate proceedings in 2024. The Steering Committee of Cities (“Cities”) continues to play a crucial role in limiting Entergy Texas, Inc.'s ("ETI" Company") various requested rate increases to reasonable revenue levels. ETI filed a base rate case in 2022 which was resolved by settlement in April 2023. ETI originally requested a $131.4 million or 11.20% base rate increase. The parties’ agreement authorized a $54 million or 4.6% increase over current base rates, excluding fuel costs. The cities’ efforts contributed significantly to reducing the Company’s initial proposed increase by 58.90%. Many of our consultants’ Minutes – January 9, 2024 recommendations were reflected in the settlement terms, including a decrease to ETI’s return on equity, adjustments to the Company’s depreciation rates, and longer amortization periods for recovery of certain expenses. Cities also supported a reasonable allocation of the revenue requirement between the various customer classes and a lower monthly fixed customer charge for residential customers. The Company also initiated proceedings in late-2022 to reconcile fuel and purchased power expenses incurred between April 1, 2019, and March 31, 2022. In these proceedings, ETI requested that the Commission approve an under-recovery balance of $103.1 million. After Cities raised issues related to the Company’s proposal, the case settled with the Company agreeing to reduce its under-recovery balance to $99.6 million. No other party raised any issues with the Company’s application. We anticipate that the Company may file Transmission Cost Recovery Factor and Distribution Cost Recovery Factor applications for interim cost recovery of investments made to its transmission and distribution systems. The Company is also expected to file its annual application to amend its Energy Efficiency Cost Recovery Factor and its semi-annual Fuel Factor rate adjustments in February and August 2024. The reasonable expenses associated with rate cases are reimbursable by the company. Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC., AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2024; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY’S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 24-001 5. Council to consider an ordinance amending the FY 2024 Budget. In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget and that interfund transfers are in accordance with financial policies as approved within the budget document. The City’s 2023 fiscal year ended on September 30, 2023. At that time there were contracts, purchases of goods and services, and other items that were approved and budgeted in Fiscal Year 2023, but the actual expenditure was incurred in Fiscal Year Minutes – January 9, 2024 2024. Exhibit “A” lists the carryover items for those expenditures that are being requested so that the budget for those items can be re-established in the current fiscal year. The majority of these expenditures were originally included in the budget projections for Fiscal Year 2023. All carryover items will be funded from available balances as of 9/30/23. The details of the proposed amendments are as follows: 1. The General Fund’s unaudited Ending Fund Balance for Fiscal Year 2023 is estimated to exceed the projected FY2023 Ending Fund Balance by $2,347,299, mainly due to increased charges for ambulance services of $2.8M. The total carryover request and budget amendment for the General Fund, for Fiscal Year 2023 items, totals $132,754. See Exhibit “A” for a listing of these items, which include a carryover for Technology and the Executive Office’s unbudgeted items. In addition to this amendment amount, this budget amendment will also establish a contingency account, as required per the City Charter, of $50,000. Additionally, this budget amendment transfers a total of $942,700 to the Capital Reserve Fund to cover a shortfall due to expenditures on projects in FY2023 and due to insurance proceeds, the city will not receive for repairs to the Police Department Headquarters’ roof damage as a result of the hailstorm in April 2023. The grand total for the budget amendment in the General Fund will be $1,125,454. With this budget amendment, the General Fund is projected to end FY2024 with a Projected Ending Fund Balance of $38,833,495, which is $1,221,854 greater than the FY24 Adopted Ending Fund balance of $37,611,650. The projected Fund Balance percentage is 24% of the General Fund’s annual operating expenditures, which is 4% greater than the policy requirement of not less than 20% of the annual operating expenditures. See Exhibit “B” for the carryover summary and available fund balances, as projected. General Fund ORIGINAL BUDGET Proposed Amendment Amended Budget Total Expenditures $162,473,600 $1,125,454 $163,599,054 2. The Water Utilities Fund’s unaudited Ending Fund Balance for Fiscal Year 2023 is estimated to exceed the projected FY2023 Ending Fund Balance by $2,524,423, due mainly to unbudgeted investment income of $617K and $1.4M in commercial fees coming in over budget. The total carryover request for the Water Utilities Fund is $29,302, which includes some water utility technology items and repair and maintenance expenses that rolled over into the current fiscal year. The revised FY2024 Ending Fund Balance for the Water Utilities Fund is $12,920,033, which is $2,495,121 higher than the FY2024 Adopted Ending Fund Balance of $10,424,912. The projected Fund Balance percentage is 22% of the Water Utilities’ annual operating expenditures, which is 7% greater than the policy requirement of not less than 15% of annual operating expenditures. Water Utilities Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $58,661,200 $29,302.00 $58,690,502 3. The Capital Reserve Fund’s unaudited Ending Fund Balance for Fiscal Year 2023 is estimated to exceed the projected FY2023 Ending Fund Balance by $1,574,382, due mainly to projects that were not started, or completed, in FY2023 that carried Minutes – January 9, 2024 over into FY 2024. Because of the unanticipated expenditure needed for repairs to the roof of the Police Department’s headquarters, as a result of damage caused by the hailstorm that occurred on April 15th, and also as a result of some FY 2023 projects, such as the Civic Center Balcony Rail project and the Main Library Chiller/Hot Water Piping project, requiring more funding that initially budgeted, the Capital Reserve Fund in FY 2024 will need a transfer from the General Fund totaling $942,700 in order to fund the projects that are budgeted and to maintain the budgeted Ending Fund Balance of $51,418. Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Revenues $5,276,200 $942,700 $6,218,900 Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Revenues $12,560,800 $2,517,082 $15,077,882 4. The Public, Education, and Government (PEG) Fund’s unaudited Ending Fund Balance for Fiscal Year 2023 is estimated to exceed the projected FY2023 Ending Fund Balance by $436,587, due mainly to not utilizing funding in 2023 because we always budget all of the fund balance for use, and we didn’t have allowable projects to spend it on. The total carryover amount from FY2023 to FY2024 totals $14,138 and includes funds carried over for equipment needs for the City Council Chambers. The projected Ending Fund Balance in this Fund for FY 2024 is $422,449. PEG Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $1,531,600 $14,138.00 $1,545,738 Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2024 TO APPROPRIATE ADDITIONAL REVENUES IN THE CAPITAL RESERVE FUND; TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE WATER UTILITIES FUND, CAPITAL RESERVE FUND, PEG FUND AND GENERAL FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 24-002 6. Council to consider a request for a Specific Use Permit to allow an RV (Recreational Vehicle) Park within the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 5497 Fannett Road. R & P Brothers, L.L.C. has requested a Specific Use Permit to construct a Recreational Vehicle Resort at 5497 Fannett Road. The proposed RV (Recreational Vehicle) resort will provide 57 lots. An office/club house will provide laundry facilities, showers, and men’s & Minutes – January 9, 2024 women’s restrooms. The site plan shows 18 visitor parking spaces and one ADA compliant parking space. This request was reviewed and approved by the Planning Commission and City Council July of 2020. The applicant submitted a building permit on October 16, 2023. Section 28.04.001 Specific use permits of the City’s Code of Ordinances states, “…A specific use permit that was issued, whether by city council or exempted by section 28.04.005(d)(2) of this chapter shall become null and void, if the land use it was issued for is closed, or vacated for a period of two years or more…” At a Joint Public Hearing held on December 18, 2023, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow an RV (Recreational Vehicle) Park within the GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 5497 Fannett Road, with the following conditions: 1. This project will require an approved drainage plan to ensure the runoff for the proposed conditions equals that of the existing conditions for the 100- year storm event using Atlas 14 rainfall data, per Drainage District #6. 2. Shall be in strict compliance with Section 24.06.008 Minimum standards for type “C” recreational vehicle park of the City’s Code of Ordinances and all applicable Fire and Building Codes. 3. All lighting installed shall be directionally shielded from the residential properties located east and south of the subject site. Approval of the ordinance, with the following conditions: 1. This project will require an approved drainage plan to ensure the runoff for the proposed conditions equals that of the existing conditions for the 100- year storm event using Atlas 14 rainfall data, per Drainage District #6. 2. Shall be in strict compliance with Section 24.06.008 Minimum standards for type “C” recreational vehicle park of the City’s Code of Ordinances and all applicable Fire and Building Codes. 3. All lighting installed shall be directionally shielded from the residential properties located east and south of the subject site. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN RV (RECREATIONAL VEHICLE) PARK IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5497 FANNETT ROAD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes – January 9, 2024 ORDINANCE 24-003 7. Council to consider a request for a Specific Use Permit to allow a social services business within the RCR (Residential Conservation Revitalization) District for property located at 1890 Broadway Street. Crystal Robinson of Loving and Caring Services requests approval of a Specific Use Permit to allow a social services business to be located at 1890 Broadway Street. Ms. Robinson intends to provide a range of services including individual counseling, group therapy, career counseling, family support and crisis intervention. These services will be available for individuals ages 18 to 70. The property has continuous sidewalks, which provide connectivity to all patrons, and twenty (20) existing paved parking spots. There is a privacy fence along the east property line to provide a buffer to the adjacent apartment complex. At a Joint Public Hearing held on December 18, 2023, the Planning Commission recommended 7:0:1 to approve the request for a Specific Use Permit to allow a social services business within the RCR (Residential Conservation Revitalization) District for property located at 1890 Broadway Street, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre-treatment and/or FOG program. 2. Construction plans shall comply with all applicable Building and Fire Codes. Approval of the ordinance, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre-treatment and/or FOG program. 2. Construction plans shall comply with all applicable Building and Fire Codes. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SOCIAL SERVICES BUSINESS IN A RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 1890 BROADWAY STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 24-004 Minutes – January 9, 2024 COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) 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 - CITY CLERK BROUSSARD - CITY MANAGER WILLIAMS - MAYOR WEST – With there being no Executive Session, the meeting adjourned at 3:01 p.m. Roy West, Mayor Tina Broussard, City Clerk B TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: January 23, 2024 REQUESTED ACTION: Council approve a resolution for the repair of the ladder on a 100- foot ladder truck for the Fire Department. BACKGROUND Unit number 7051, a 1997 Pierce Lance 100-ft. ladder truck, is utilized by the City’s Fire Department and is an essential piece of equipment. The ladder is in need of repair to ensure its availability for future operations. Siddons Martin Emergency Group, a sole source vendor, will be removing and installing the fly section of the ladder along with repairing and replacing electrical wires and cable. This repair is budgeted for this unit and the estimated cost for this repair is $96,656.10. Estimate is attached. FUNDING SOURCE Fleet Management Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Estimate 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 allow the repair of the ladder on Unit number 7051, a 100-foot ladder truck for the Fire Department from Siddons Martin Emergency Group in the amount of $96,656.10. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of January, 2024. _______________________________ - Mayor Roy West - C TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: January 23, 2024 REQUESTED ACTION: Council consider a resolution approving an annual maintenance agreement from Environmental Systems Research Institute, Inc. of Redlands, CA for $85,000 that is utilized by all city departments. BACKGROUND The City of Beaumont employs the Geographic Information System suite from the Environmental Systems Research Institute, Inc. (ESRI) across various departments. This suite facilitates the creation, editing, and distribution of maps, geographic data, and other datasets, which are integral to programs utilized by Public Safety, Water, Code Enforcement, and several other departments. Due to the exclusive rights held by ESRI to modify and maintain the software, this procurement is exempt from competitive bidding, as it is available from a single source. This agreement represents the second year of a three-year contract that received approval from the Council on January 31, 2023. The annual cost for this agreement remains steady at $85,000, covering a total duration of three years. FUNDING SOURCE General Fund and Water Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Esri_Quotation_26181574.PDF RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an annual Maintenance Agreement with Environmental Systems Research Institute, Inc., of Redlands, California, the sole source having exclusive rights to modify and maintain the software, in the amount of $85,000.00, annually expiring in 2025, for software maintenance for use by various City departments for the creation, editing, and distribution of maps, geographic data, and other datasets that are currently used by other programs. This agreement represents the second year of the three (3) year contract that was approved on January 31, 2023 by Resolution No. 23-039. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of January, 2024. ____________________________ - Mayor Roy West - Subject: Renewal Quotation Date: 11/16/2023 To: Michael Martinez Organization: City of Beaumont Information Technology Fax #: Phone #: 409-880-3177 From: Barbara Walker Fax #: 909-307-3083 Phone #: +19093693936 Ext. 3936 Email: bwalker@esri.com Number of pages transmitted Quotation #26181574 (including this cover sheet): 5 Document Date: 11/16/2023 Please find the attached quotation for your forthcoming term. Keeping your term current may entitle you to exclusive benefits, and if you choose to discontinue your coverage, you will become ineligible for these valuable benefits and services. If your quote is regarding software maintenance renewal, visit the following website for details regarding the maintenance program benefits at your licensing level http://www.esri.com/apps/products/maintenance/qualifying.cfm All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your coverage at a later date. Please note: Certain programs and license types may have varying benefits. Complimentary User Conference registrations, software support, and software and data updates are not included in all programs. Customers who have multiple copies of certain Esri licenses may have the option of supporting some of their licenses with secondary maintenance. 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Thank you in advance for your prompt attention to this matter. 10 1 168180 85,000.00 85,000.00 Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription Start Date: 02/21/2024 End Date: 02/20/2025 Subscription ID: 4551491147 City of Beaumont Information Technology 801 Main St Ste 330 Beaumont TX 77701-3548 Attn: Michael Martinez _______________________________________________________________________ Please note Esri has introduced a price change and this quote reflects current pricing for your organization. It is important to us that we are able to continue to deliver value through enhancements to products, solutions, and capabilities. Your renewal provides access to all the benefits you are familiar with, which you can review at https://go.esri.com/maintenance For questions related to the price change, please reach out to your assigned Esri Account Manager. Quotation is valid for 90 days from document date. 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Send Purchase Orders To: Environmental Systems Research Institute, Inc. 380 New York Street Redlands, CA 92373-8100 Attn: Barbara Walker Please include the following remittance address on your Purchase Order: Environmental Systems Research Institute, Inc. P.O. Box 741076 Los Angeles, CA 90074-1076 Item Qty Material# Unit Price Extended Price _______________________________________________________________________________ _______________________________________________________________________________ Date: 11/16/2023 Quotation Number: 26181574 Contract Number: SMALL GOVT ELA US 380 New York St Redlands, CA 92373-8118 Phone: +190936939363936 Fax #: 909-307-3083 Customer Number: 100137 For questions regarding this document, please contact Customer Service at 888-377-4575. Quotation _______________________________________________________________________________ Item Subtotal 85,000.00 Estimated Tax 0.00 Total USD 85,000.00 DUNS/CEC: 06-313-4175 CAGE: 0AMS3 Item Qty Material# Unit Price Extended Price _______________________________________________________________________________ _______________________________________________________________________________ Page 2 Date: 11/16/2023 Quotation Number: 26181574 Contract Number: SMALL GOVT ELA US 380 New York St Redlands, CA 92373-8118 Phone: +190936939363936 Fax #: 909-307-3083 Quotation Renewal Options: Online: Renew through My Esri site at https://my.esri.com Credit Card Purchase Order Email Authorization Email or Fax: Email Authorization, Purchase Order or signed quote to: Fax: 909-307-3083 Email: service@esri.com Requests via email or signed quote indicate that you are authorized to obligate funds for your organization and your organization does not require a purchase order. 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In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy GSA, BPA) on your ordering document. Item Qty Material# Unit Price Extended Price _______________________________________________________________________________ _______________________________________________________________________________ Page 3 Date: 11/16/2023 Quotation Number: 26181574 Contract Number: SMALL GOVT ELA US 380 New York St Redlands, CA 92373-8118 Phone: +190936939363936 Fax #: 909-307-3083 Quotation US FEDERAL CUSTOMERS: If you are a federal customer or a contractor purchasing on behalf of a federal customer a purchase order is required to receive an invoice. Please email the purchase order to service@esri.com By signing below, you are authorizing Esri to issue a software support invoice in the amount of USD__________________ plus sales tax, if applicable. Please check one of the following: _____ I agree to pay any applicable sales tax. _____ I am tax exempt. Please contact me if Esri does not have my current exempt information on file. ________________________________________ _________________________ Signature of Authorized Representative Date ________________________________________ _________________________ Name (Please Print) Title Item Qty Material# Unit Price Extended Price _______________________________________________________________________________ _______________________________________________________________________________ Page 4 Date: 11/16/2023 Quotation No: 26181574 Customer No: 100137 Contract No: SMALL GOVT ELA US 380 New York St Redlands, CA 92373-8118 Phone: +190936939363936 Fax #: 909-307-3083 Quotation D TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: January 23, 2024 REQUESTED ACTION: Council consider a Resolution authorizing the City Manager to execute a Grant Agreement with Legacy CDC, LLC for the non- congregate shelter units project outlined in our HOME-ARP plan. BACKGROUND On October 10, 2023, City Council approved Resolution Number 23-289 to award $1,572,124 in HOME-ARP funds for the acquisition and/or development of non-congregate shelter units (NCS) to Legacy Community Development Corporation, LLC. The NCS units are specifically to house qualifying populations in the City of Beaumont that are experiencing homelessness or at risk of experiencing homelessness. Legacy Community Development Corporation, LLC is proposing to acquire Concord Manor, located at 5680 Concord for $3,875,000. This existing multi-family complex has 68 housing units. Legacy proposes to designate 23 units (33%) for NCS for the restricted use period for this project, as outlined and required by HUD. This activity has been approved by HUD, as well as the City Council in the adoption of our HOME-ARP Plan in Resolution Number 23-087 on March 24, 2023. HUD requires that a written Grant Agreement be in place identifying a specific location for the NCS units. Should the offer be accepted for the purchase of this property, Legacy has a 45-day feasibility period to perform inspections and determine that the location meets all minimum property standards outlined in the HOME ARP CPD Notice 21-10. FUNDING SOURCE U.S. Department of Housing and Urban Development, American Rescue Plan Act 2021 RECOMMENDATION Approval of the Resolution. ATTACHMENTS Grant Agreement Draft Street View of Property Legal Description of 5680 Concord Survey RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into a Grant Agreement with Legacy Community Development Corporation (Legacy CDC) in the total amount of $1,572,124.00 in HOME-ARP funds for the acquisition and/or development of non-congregate shelter units (NCS) to Legacy Community development Corporation, LLC; and, THAT Legacy Community Development Corporation, LLC is proposing to acquire Concord Manor, located at 5680 Concord for $3,875,000 to designate 23 units (33%) for NCS for the restricted use period for this project, as outlined and required by HUD. 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 23 rd day of January, 2023. _______________________________ - Mayor Roy West - HOME-ARP ALLOCATION FUNDING AGREEMENT between the CITY OF BEAUMONT and the Legacy Community Development Corporation This Community Housing Development Allocation Funding Agreement (Agreement hereinafter) is made and entered into by and between the CITY OF BEAUMONT, a Home Rule Municipal Corporation incorporated under the laws of the State of Texas (City hereinafter), and the Legacy Community Development Corporation, LLC, a Texas non-profit corporation (Legacy hereinafter), located at 700 North Street, Beaumont, Texas 77701. WHEREAS, the City of Beaumont has received a HOME-ARP grant from the United States Department of Housing and Urban Development (Grant #M21-MP480201,American Rescue Plan Act of 2021 P.L. 117-2); WHEREAS, the City has the objective of providing for the acquisition and/or development of non-congregate shelter (NCS) units for the qualifying populations outlined in Section IV.A of the CPD-21-10 Notice for residents of the City through its Community Development Division; WHEREAS, the Legacy Community Development Corporation, through its express purpose as set forth in its corporate bylaws, shares this common goal with the City, as a City of Beaumont approved non-profit organization; WHEREAS, pursuant to the authority of Resolution Number #23-289, passed by the Beaumont City Council on 10/10/2023 the Legacy Community Development Corporation will enter into a grant agreement with the City for an award of the 2021 HOME-ARP funds allocated for acquisition or development of non-congregate shelter units, totaling One Million, Five Hundred Seventy-Two Thousand, One Hundred Twenty-Four Dollars and 00/100 ($1,572,124.00). WHEREAS, the City reasonably anticipates that the project will be operated as HOME-ARP NCS within 6 months of the date of acquisition and will meet the Minimum Home-ARP Property Standards outlined in Section VI.E 7 of the CPD 21-10 Notice and as approved by Resolution Number 23-087 in the City’s Substantial Amendment of the 2021 Action Plan of the 2020 - 2024 Consolidated Plan, which sets aside a portion of HOME-ARP Grant funds for the acquisition and development of NCS; WHEREAS, The HOME-ARP allocation of One Million, Five Hundred Seventy-Two Thousand, One Hundred Twenty-Four Dollars and 00/100 ($1,572,124.00) will be used for the eligible costs related to the acquisition of an existing multi-family property located at 5680 Concord Beaumont, TX 77703 containing 68 housing units, to provide 23 NCS units, an eligible activity, per the CPD-21-10 Notice. Such housing will provide decent, safe and sanitary housing for eligible persons that meet the criteria for one or more of the qualifying populations as defined in section IV.A of CPD 21-10; WHEREAS, the City desires to increase non-congregate shelter units for eligible residents to prevent homelessness through funds provided by HUD’s Home-ARP Program and HOME Investment Partnerships Program (HOME Program); NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual purposes and obligations set forth herein, the City and Legacy covenant and agree as follows: This Agreement sets forth the understanding of the parties concerning the City’s HOME- ARP allocation as approved by HUD. It is the intent of this Agreement to outline what eligible activities and procedures Legacy must comply with to receive the City’s HOME-ARP NCS allocation. The parties have severally and collectively agreed, and by the execution hereof are bound, to the mutual obligations and to the performance and accomplishment of the tasks described herein. Section 1 – City’s Responsibilities A. The Community Development administrator, or other designated Community Development Staff, will act as liaison on behalf of the City. B. The City agrees to assume overall responsibility for ensuring that the Housing Assistance programs using HOME-ARP funds are carried out in accordance with the HOME INVESTMENT PARTNERSHIPS PROGRAM and HOME-ARP CPD-21-10. The City shall complete and provide documentation as required by HUD for program reporting requirements. C. The City agrees to pay eligible costs, up to a maximum total amount of One Million, Five Hundred Seventy-Two Thousand, One Hundred Twenty-Four Dollars and 00/100 ($1,572,124.00) to the title company that will perform the closing for acquisition of 5680 Concord, Beaumont, Texas as identified in the Commercial Contract (attached hereto as Exhibit A) specifically, the acquisition of 5680 Concord, Beaumont, Texas to provide 23 units of NCS. Specific activities to be carried out will include acquisition, closing costs, warranties, appraisals, surveys, inspections and make-ready costs associated with 5680 Concord Beaumont, Texas, which will be purchased. D. Legacy agrees that a single or program-specific audit is a condition of funding for all entities that expend $500,000.00 or more in a year in Federal awards. The City of Beaumont requires Legacy to submit the most current financial review for the fiscal year completed by August 30, 2024. Section 2 – Legacy Community Development Corporation, LLC Responsibilities A. The Executive Director for Legacy, or other designated staff, will act as liaison on behalf of the non-profit organization. B. Legacy agrees to execute any and all documents requested by the City for compliance with the HOME-ARP Notice CPD-21-10 and HOME Investment Partnership Program, as specified in 24 CFR 92.505(b) and agrees to comply with all uniform administrative requirements and standards as more particularly described in OMB Circular A-110 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. Legacy agrees to assure that the project will meet or exceed all written locally adopted Property Standards as well as all applicable local and state codes and other federal requirements. Within ninety (90) days of the execution of this agreement, the Legacy Community Development Corporation will adopt the City’s construction specifications and standards to be used on projects funded by this agreement. Additionally, Legacy will comply with 24 CFR 92.206(a) and Section VI.E.7 regarding Minimum Home-ARP Property Standards in Notice CPD 21-10. Where applicable, all floor plans must be certified as having met or exceeded the Model Energy Code prior to construction. Variations from these standards should be approved in writing by the City’s representative. Quality and affordability shall be the criteria used to determine whether a requested variance will be approved. D. Legacy agrees to complete the acquisition of 5680 Concord, Beaumont, Texas within 3 months from the date of this agreement, or by federally required deadlines, whichever is sooner. If acquisition cannot be completed within this timeframe, Legacy shall notify the City in writing at least 30 days prior to the commencement date of the specific nature of the events that prevent the closing of the property. The City shall either approve a new commencement date or deny the request for an extension. The decision of the City’s representative shall be final. If a new start date is not approved, funds allocable to the structure will be removed from the contract. E. Legacy agrees to provide the City full and complete documentation of all eligible expenses relevant to the acquisition within fourteen (14) calendar days prior to the requested date. F. Legacy agrees to make the units acquired through this contract available to applicants who have been qualified through a coordinated entry process as outlined in the CPD 21-10 Notice. Where applicable, Legacy agrees to collect applications, determine eligibility, gather all initial data connected with these applications, and to assist the prospective residents. Legacy agrees to ensure the long-term affordability of the property as specified in 24 CFR 92.252 . These affordability requirements must be enforced by the use of 2nd Lien Deeds of Trust and deed restrictions. G. Legacy agrees to affirmatively market all properties to eligible low- or moderate-income families as described 24 CFR 92.351 (a). H. Legacy agrees to furnish the City with information on the program participants necessary to meet HUD reporting requirements (i.e., income verifications, ethnicity, age, sex, family status, disability status and head-of-household status). Legacy also agrees to make all files on projects/programs funded by this agreement available for inspection by City staff for the retention period. Legacy will report any project and/or program delays or modifications and await City approval before proceeding. Legacy will also report any instances of client fraud or program abuse to the City. I. Legacy agrees to refund all HOME-ARP funds found to have been used for ineligible and/or unapproved programs or activities. These repayments will be made within thirty (30) days of notification by the City of the ineligible expenditures. J. Legacy agrees to meet with the City to discuss progress or concerns as the need arises and at the City’s request. Legacy also agrees to report on a bi-annual basis to the City on program/project status as outlined in 24 CFR 92.300. This must be a written report of the status on recently completed, ongoing, and pre-approved programs and/or projects, and must include information for the reporting period to include the status on applicant approvals/denials; Legacy agrees that the Program will be administered according to all applicable regulations and guidelines per the City of Beaumont’s 2021 Action Plan (as it may be amended), program design criteria and construction standards. K. As the designated CHDO with the City of Beaumont, Legacy agrees to place all sales proceeds gained from this program back into its Affordable Housing Initiative Program, and more specifically, into other HOME eligible CHDO housing activities located within the jurisdictional boundaries of Beaumont for as long as the CHDO is certified by the City as a CHDO. The CHDO understands and agrees that should the CHDO become defunct or insolvent, any and all grant funds on hand and any accounts receivable attributable to the use of grant funds shall transfer to the City. The CHDO further understands and agrees to, and shall transfer to the City, any program income, real properties, equipment, supplies and any assets acquired as a result of grant funds if CHDO becomes defunct or insolvent. L. Legacy agrees that the City will provide One Million, Five Hundred Seventy-Two Thousand, One Hundred Twenty-Four Dollars and 00/100 ($1,572,124.00) of the 2021 HOME-ARP funds to be available for the acquisition of 5680 Concord, Beaumont Texas. This multi-family complex contains 68 units. Legacy has stated their intent to designate 23 units as NCS at this location for qualifying populations for the restricted use period defined in CPD Notice 21-10. Payment for this acquisition shall be made directly to the Title Company at closing, upon receipt of the Settlement Statement and closing documents from the Title Company, certifying that all requirements have been met. M. The City shall reserve the right to investigate, examine and monitor, at any time, all such records relating to the operations or expenditures of Legacy under this Agreement. N. Legacy agrees to adhere to all local, state and federal regulations applicable to rental housing qualifying as Affordable Rental Housing as per 24 CFR 92.252, established Fair Market Rents (Schedule B), and Income Limits (221(d)(3) (attached hereto as Exhibit C). Section 3 - General Terms A. This Agreement shall be fully executed in writing by both parties, and extend from “insert date”. With agreement by both parties, the Agreement may be extended for a time specified in a jointly signed and approved term extension memorandum, not to exceed 24 months from the original effective date. B. This Agreement and the rights and obligations contained herein may not be assigned by either party. C. This Agreement has been made under, and shall be governed by, the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Beaumont, Texas. D. This Agreement may only be amended by written instrument, approved and executed by both parties. E. The City may terminate this agreement if at any time, after a thirty-day written notice, Legacy is found to have violated any federal, state or local requirements, for nonperformance of the terms of this agreement, or upon the unavailability of HOME-ARP funds. F. It is expressly understood and agreed by and between the City and Legacy that this Agreement is wholly conditioned upon the actual availability of federal HOME-ARP funds allocated to the City by the U S Department of Housing and Urban Development (HOME-ARP Grant Agreement No. M-21-MP480201), and that all monies distributed to, or on behalf of Legacy hereunder shall be exclusively from federal monies received under said HOME-ARP Program, and not from any other monies of the City. G. This Agreement does not provide for any administrative and/or operating costs incurred by Legacy. H. This Agreement does not provide for Predevelopment costs as defined in 24 CFR Part 92.301 I. If any provision(s) of this Agreement shall be held to be invalid, illegal, or unenforceable by a court, by HUD, or other competent tribunal, the validity, legality, and enforceability of the remaining provisions shall not be impaired thereby. In such event, the parties hereby agree to use their best efforts to replace the respective provision or provisions with terms and conditions approximating the original intent of the parties and conforming in all respects with applicable law and HUD regulations and directives. J. The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City’s right to assert or rely upon any such term or right on any future occasion. K. This written instrument and attachments constitute the entire agreement by the parties hereto concerning the matter performed hereunder and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. L. Legacy covenants and agrees to hold harmless the City and its officers, agents, servants and employees, from and against any and all claims or suits for property loss or damage and personal injury, including death to any and all persons, or whatever kind of character whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or non-performance of this contract and agreement and the operations, activities and services of the program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, or sub-contractors of the City. M. No officer, employee or member of CHDO or CHDO’s subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in any contract for furnishing services or supplies to CHDO. Any willful violation of this paragraph with the knowledge, expressed or implied, of CHDO or its subcontractors, shall render this contract voidable by the City of Beaumont. N. No grants shall be made by Legacy to its directors or officers, either directly or indirectly, through family members, business partners or employees. Legacy agrees that no HOME-ARP funds shall be used, either directly or indirectly, for religious purposes. Any willful violation of this paragraph with the knowledge, expressed or implied, of Legacy shall render this contract voidable by the City. O. Legacy covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with federal, state, and local laws, including all ordinances, rules and regulations of the City of Beaumont, as amended. Legacy further covenants and agrees that it will fully comply with the terms and conditions of the HOME-ARP Program, under which these funds are granted. P. Each party has the full power and authority to enter into and perform this Agreement, and the person signing on behalf of each party has been properly authorized and empowered to execute this Agreement. Q. The parties hereby acknowledge that they have read, understand, and intend to be bound by the terms and conditions contained herein. Legacy Community Development Corporation By: Vivian L. Ballou, Executive Director Date STATE OF TEXAS ' ' ACKNOWLEDGMENT CITY OF BEAUMONT ' This instrument was acknowledged before me on the day of January, 2024, by Vivian Ballou, as Executive Director of Legacy Community Development Corporation a non- profit organization, on behalf of said organization. Notary Public in and for the State of Texas Jessica D. Prince CITY OF BEAUMONT By: ____ Kenneth R. Williams, City Manager Date ATTEST: By: Tina Broussard, City Clerk Date DEFINITIONS Fair market rent (FMR). The rent, including the cost of utilities (except telephone), that would be required to be paid in the housing market area to obtain privately owned, existing, decent, safe and sanitary rental housing of modest (non-luxury) nature with suitable amenities. Fair market rents for existing housing are established by HUD for housing units of varying sizes (number of bedrooms), and are published in the Federal Register in accordance with 24 CFR part 888. Initial lease term. The initial term of the assisted lease. The initial lease term must be for at least one year. Initial contract rent. In the certificate program, the contract rent at the beginning of the initial lease term. Lease. (1) A written agreement between an owner and a tenant for the leasing of a dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit. Page 1 of 2 MARK W. WHITELEY & ASSOCIATES, INC. Legal Description: 2.291 Acre Tract or Parcel of Land Frederick Bigner Survey, Abstract No. 1 Beaumont, Jefferson County, Texas BEING a 2.291 acre tract or parcel of land situated in the Frederick Bigner Survey, Abstract No. 1, Jefferson County, Texas and being out of and part of that certain called 2.331 acre tract of land as described in a deed from Bill L. Holland, Jr., James R. Smith and Ronald D. Beddingfield, Trustee to W.H. Watkins, Jr. and Billy Ray Casey as recorded in Volume 1982, Page 183, Deed Records, Jefferson County, Texas and being out of and part of the remainder of that certain called 1.047 acre tract, identified as TRACT II, as described in a "Special Warranty Deed" from B.R. Casey to W.H. Watkins, Jr. as recorded in Clerk's File No. 1999007120, Official Public Records of Real Property, Jefferson County, Texas and being out of and part of the remainder of that certain tract of land being called a 2.331 acre tract, save and except a 1.047 acre tract, as described in a "Correction Special Warranty Deed" from B.R. Casey to W.H. Watkins, Jr. as recorded in Clerk's File No. 2011028944, Official Public Records of Real Property, Jefferson County, Texas, said 2.291 acre tract being more particularly described as follows: NOTE: All bearings are referenced to the North line of the remainder of the said 2.331 acre Watkins and Casey tract as NORTH 89°17'00" EAST as recorded in the above referenced Volume 1982, Page 183, Deed Records, Jefferson County, Texas. All set 5/8" iron rods set with caps stamped "M.W. Whiteley & Associates". BEGINNING at a 1/2" iron rod found for the Northeast corner of the tract herein described, said corner also being the Northeast corner of the remainder of the said 2.331 acre Watkins and Casey tract, the same being the Northeast corner of the remainder of the said Watkins 2.331 acre tract, save and except a 1.047 acre tract, and being the Southeast corner of that certain called 5.277 acre tract, identified as TRACT II, as described in a "General Warranty Deed" with Vendor's Lien in Favor of Third Party" from Paulette French, Richard H. French, Jr., Douglas K. French and Michele French to Harry Burleigh, Jr. as recorded in Clerk's File No. 2018033414, Official Public Records of Real Property, Jefferson County, Texas and being in the West line of the remainder of that certain called 3.9059 acre tract of land as described in a "General Warranty Deed" from Mohammad A. Swati to Land Manor, Inc. as recorded in Clerk's File No. 94-9407991, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 00°02'44" EAST, along and with the boundary between the tract herein described and the West line of the remainder of the said 3.9059 acre Land Manor, Inc. tract, the same being the East line of the remainder of the said 2.331 acre Watkins and Casey tract and the East line of the remainder of the said Watkins 2.331 acre tract, save and except a 1.047 acre tract, passing at a distance of 397.45 feet a found 5/8" iron rod and continuing for a total distance of 400.38 feet to a 5/8" iron rod set for corner, said corner being in the Northerly right-of-way line of Concord Road and being the apparent Southwest corner of the said 3.9059 acre Land Manor Inc. tract and said corner also being the beginning of a curve turning to the right having a radius of 970.00 feet and being subtended by a chord bearing NORTH 65°59'29" WEST having a chord length of 229.86 feet; THENCE WESTERLY, along and with the Northerly right-of-way line of Concord Road and the said curve, the same being the Northerly line of that certain called 0.0233 acre tract of land for right-of-way of Concord Road as described in a "Special Warranty Deed" from Concord Manor, L.P. to the City of Beaumont as recorded in Clerk's File No. 2011028946, Official Public Records Page 2 of 2 MARK W. WHITELEY & ASSOCIATES, INC. of Real Property, Jefferson County, Texas and the Northerly line of that certain called 0.0304 acre tract of land for right-of-way of Concord Road as described in a "Special Warranty Deed" from W.H. Watkins, Jr. to the City of Beaumont, Jefferson County, Texas, for an arc length of 230.40 feet to a 5/8" iron rod set for corner; THENCE NORTH 59°11'13" WEST, continuing along and with the Northerly right-of-way line of Concord Road and the Northerly line of the said 0.0304 acre City of Beaumont tract, for a distance of 102.47 feet to a 5/8" iron rod set for corner, said corner being the apparent Southwest corner of the remainder of the said 1.047 acre Watkins tract and the apparent Southeast corner of that certain tract of land as described in a "General Warranty Deed with Vendor's Lien" from HIRA Ventures, LLC to Muhammad Jamail Akell and wife, Aniba Zahid Shah as recorded in Clerk's File No. 2017027172, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 00°46'06" WEST, along and with the boundary between the tract herein described and the said Akell tract, the same being the West line of the remainder of the said 2.331 acre Watkins and Casey tract, the same being the West line of the remainder of the said 1.047 acre Watkins tract, passing at a distance of 2.98 feet a found 1/2" iron rod with a cap stamped "Access" and continuing for a total distance of 250.62 feet to a 5/8" iron rod set for corner, said corner being the Northeast corner of the said Akell tract and the Northwest corner of the remainder of the said 1.047 acre Watkins tract, the same being the Northwest corner of the remainder of the said 2.331 acre Watkins and Casey tract and being in the South line of the said 5.277 acre Burleigh tract and said corner bears NORTH 89°17'00" EAST a distance of 128.00 feet from a concrete monument found for the Northwest corner of the said Akell tract, the same being the Southwest corner of Lot 2, Block 2 of Paddington Place Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 10, Page 68, Map Records, Jefferson County, Texas and from said corner a 1/2" iron rod with a cap stamped "Access" bears NORTH 23°29'01" EAST a distance of 1.21 feet; THENCE NORTH 89°17'00" EAST, along and with the boundary between the tract herein described and the said 5.277 acre Burleigh tract, the same being the North line of the remainder of the said 2.331 acre Watkins and Casey tract and the same being the North line of the said 1.047 acre Watkins tract and the North line of the said Watkins 2.331 acre tract, save and except a 1.047 acre tract, for a distance of 301.04 feet to the POINT OF BEGINNING and containing 2.291 Acres, more or less. W:\2019\19-864\19-864m&b.docx FREDERICK BIGNER SURVEY ABSTRACT NO. 1 FND N89°17'00"E PO B 301.04' FND ACRES 2.291 W W CONCORD APARTMENTS MANOR BOUNDARY SURVEY OF 2.PARCEL 291 ACRE OF TRACT LAND OR FREDERICK ABSTRACT NO. BIGNER 1 SURVEY, BEAUMONT, COUNTY, TEXAS JEFFERSON 1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: January 23, 2024 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a seven and one-half foot (7.5’) wide Exclusive Water Line Easement. BACKGROUND Kareem Hamdan has agreed to convey a seven and one-half foot (7.5’) wide exclusive Water Line Easement to the City of Beaumont located at 7706 Water Edge. The easement is described as being a 141.92 square foot out and part of Lot 10A, Section VI: River Run, The Crescent on Walden - Phase I, situated in the C. Williams League, Abstract No. 59. The easement is required by the City to improve the water quality in the existing dead-end water line on Water Edge by connecting it to an existing water line. FUNDING SOURCE Water Revenue Bond. RECOMMENDATION Approval of the resolution. ATTACHMENTS AGREEMENT - 7706 WATER EDGE WATER LINE EASEMENT - 7706 WATER EDGE RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Kareem Hamdan has agreed to convey a seven and one-half (7.5) foot wide Water Line Easement to the City of Beaumont, said easement being a 141.92 square foot out and part of Lot 10A, Section VI: River Run, The Crescent on Walden-Phase I, situated in the C. Williams League, Abstract No. 59, as described in Exhibit “A,” and attached hereto, to the City of Beaumont for The Crescent on Walden-Phase I; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT said above-described easement conveyed from Kareem Hamdan be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of January, 2024. _______________________________ - Mayor Roy West - 2 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: January 23, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to V&S Construction Company, of Manvel, TX for the Rehabilitation of 12” Water Line Along Gladys Avenue (From Dowlen Road – To West Lucas Drive) Project. BACKGROUND The Rehabilitation of 12” Water Line Along Gladys Avenue Project will provide for the replacement of the 12” water line along Gladys Avenue from Dowlen Road to West Lucas Drive. This project includes an additive alternate item to also replace the 12” water line along Jackson St. between Pennsylvania Avenue and Sabine Pass Avenue. On November 16, 2023, five (5) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate for the contract is $1,488,754.00. The bid totals, with the additive item included, are indicated in the table below: Contractor Location Total Bid Amount V&S Construction Company Manvel, TX $1,559,148.00 Eastex Utility Construction, LLC Beaumont, TX $2,260,150.00 Brystar Contracting, Inc. Beaumont, TX $2,804,410.00 BDS Constructors, LLC dba MK Constructors Vidor, TX $3,061,170.00 ALLCO, LLC Beaumont, TX $3,072,146.00 FUNDING SOURCE Water Revenue Bonds. RECOMMENDATION Approval of resolution. ATTACHMENTS Bid Tabulation V&S Construction Company Award - Gladys Avenue RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on November 16, 2023, five (5) bids were received for the Rehabilitation of 12” Water Line along Gladys Avenue (from Dowlen Road - to West Lucas Drive) Project; and, WHEREAS, V&S Construction Company, of Manvel, Texas, submitted a bid in the amount of $1,559,148.00 to complete the work and materials the Rehabilitation of 12” Water Line along Gladys Avenue (from Dowlen Road - to West Lucas Drive) Project; and, WHEREAS, the City Council is of the opinion that the bid submitted by V&S Construction Company, of Manvel, Texas is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to V&S Construction Company, of Manvel, Texas in the amount of $1,559,148.00 to complete the work and materials for the Caldwood Area Storm Sewer Point Repairs (REBID) Project the Rehabilitation of 12” Water Line along Gladys Avenue (from Dowlen Road - to West Lucas Drive) Project; and, THAT the City Manager be and he is hereby authorized to execute a contract with V&S Construction Company, of Manvel, Texas for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of January, 2024. _______________________________ - Mayor Roy West – 3 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: January 23, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Tanksco, Inc., of Fort Worth, TX for the Prison Ground Storage Tank Rehabilitation Project. BACKGROUND The Prison Ground Storage Tank Rehabilitation Project includes safety repairs and recoating the interior and exterior of the 2.7 million gallon ground storage tank located on Range Road. On December 14, 2023, nine (9) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate for the contract is $655,912.00. The bid totals are indicated in the table below: Contractor Location Total Bid Amount Tanksco, Inc. Fort Worth, TX $577,058.00 NG Painting Kerrville, TX $658,340.00 Viking Painting, LLC La Vista, NE $673,440.00 M.K. Painting, Inc. Wyandette, MI $739,600.00 D&M Tanks, LLC Kennedale, TX $779,224.00 Blastco Texas Inc. Channelview, TX $922,248.00 Classic Protective Coatings, Inc. Menomonie, WI $950,775.00 Worldwide Industries Corp. Butler, PA $1,218,616.00 ALLCO, LLC Beaumont, TX $2,600,477.00 Based on a review of the bids and required documents received, Water Utilities staff agrees with Schaumburg & Polk Inc., and recommends awarding the project to the lowest bidder, Tanksco, Inc., in the amount of $577,058.00. A total of 150 calendar days are allocated for substantial completion of the project. Page 2 January 23, 2024 Prison Ground Storage Tank Rehabilitation FUNDING SOURCE Water Revenue Bonds. RECOMMENDATION Approval of resolution. ATTACHMENTS Schaumburg & Polk, Inc. - Recommendation of Award Letter Bid Tabulation - Prison GST Rehabilitation Project RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on December 14, 2023, nine (9) bids were received for the Prison Ground Storage Tank Rehabilitation Project; and, WHEREAS, Tanksco, Inc., of Fort Worth, Texas submitted a bid in the amount of $577,058.00 to complete the work and materials for the Prison Ground Storage Tank Rehabilitation Project; and, WHEREAS, the City Council is of the opinion that the bid submitted by by Tanksco, Inc., of Fort Worth, Texas is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract Tanksco, Inc., of Fort Worth, Texas in the amount of $577,058.00 to complete the work and materials for the Prison Ground Storage Tank Rehabilitation Project; and, THAT the City Manager be and he is hereby authorized to execute a contract with Tanksco, Inc., of Fort Worth, Texas for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of January, 2024. _______________________________ - Mayor Roy West - 4 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: January 23, 2024 REQUESTED ACTION: Council consider a resolution approving the purchase of network equipment from CDW-G of Vernon Hills, IL for use in multiple departments. BACKGROUND The core equipment for the downtown network currently operates at a speed of one gigabit per second (1 Gb). However, due to escalating network and internet usage, coupled with the expanding external locations connecting to the downtown data centers, there is a compelling need to elevate the core network speed to ten gigabits per second (10 Gb). Upgrading the downtown core network to 10 Gb will provide the City the following benefits: 1. Increased Bandwidth: Upgrading to 10 Gb ensures that the network can handle the increased traffic, preventing congestion and maintaining optimal performance for all connected devices. 2. Futureproofing: As technology continues to advance, having a robust network infrastructure in place ensures that the downtown area remains competitive and adaptable to future technological innovations. 3. Support for High-Performance Applications: This is necessary for critical applications that the City uses across multiple locations. The dispatching and public safety software are good examples of high-performance applications. 4. Support for Smart City Initiatives: Many cities are embracing smart city initiatives that leverage data and technology to enhance urban living. A 10 Gb network lays the foundation for implementing and supporting these initiatives. Pricing was obtained through the State of Texas Department of Information (DIR). DIR provides cities and political subdivisions with the means to purchase information technology at volume prices contracted under the procurement statutes of the State of Texas. Total project cost for the replacement equipment will be $77,439.26. FUNDING SOURCE Capital Reserve. RECOMMENDATION Approval of the Resolution. ATTACHMENTS NRHM785.pdf 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 of network equipment from CDW-G of Vernon Hills, Illinois in the amount of $77,439.26 for use in multiple departments. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of January, 2024. ____________________________ - Mayor Roy West - Hardware Software Services IT Solutions Brands Research Hub QUOTE CONFIRMATION Thank you for choosing CDW. We have received your quote. ROSANNA MOJICA, Thank you for considering CDWG for your technology needs. The details of your quote are below. If you are an eProcurement or single sign on customer, please log into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing. For all other customers, click below to convert your quote to an order. Convert Quote to Order QUOTE # QUOTE DATE QUOTE REFERENCE CUSTOMER # GRAND TOTAL NRHM785 12/14/2023 231214A 4464117 $77,439.26 QUOTE DETAILS ITEM QTY CDW# UNIT PRICE EXT. PRICE Fortinet FortiCare 24x7 Comprehensive Support - extended service agreement 14 6089614 $425.27 $5,953.78 Mfg. Part#: FC-10-S448F-247-02-12 Electronic distribution - NO MEDIA Contract: TIPS 230105 Tech Solutions, Products, and Services (230105) Fortinet FortiSwitch 448E-FPOE - switch - 48 ports - managed - rack-mountab 14 6081021 $3,467.60 $48,546.40 Mfg. Part#: FS-448E-FPOE Contract: TIPS 230105 Tech Solutions, Products, and Services (230105) Fortinet - SFP+ transceiver module - 10 GigE 14 6114047 $130.08 $1,821.12 Mfg. Part#: FN-TRAN-SFP+LR Contract: TIPS 230105 Tech Solutions, Products, and Services (230105) Fortinet 1m 10GbE SFP+ Passive Direct Attach Copper Cable 12 7471673 $55.51 $666.12 Mfg. Part#: FN-CABLE-SFP+1 Contract: TIPS 230105 Tech Solutions, Products, and Services (230105) Fortinet Advanced Threat Protection - subscription license (1 year) + Forti 4 6433978 $1,818.29 $7,273.16 Mfg. Part#: FC-10-F200F-928-02-12 Electronic distribution - NO MEDIA Contract: TIPS 230105 Tech Solutions, Products, and Services (230105) Fortinet FortiGate 200F - security appliance 4 6318249 $3,294.67 $13,178.68 Mfg. Part#: FG-200F Contract: TIPS 230105 Tech Solutions, Products, and Services (230105) Page 2 of 3 SUBTOTAL $77,439.26 SHIPPING $0.00 SALES TAX $0.00 GRAND TOTAL $77,439.26 PURCHASER BILLING INFO DELIVER TO Billing Address: CITY OF BEAUMONT ACCTS PAYABLE PO BOX 3827 BEAUMONT, TX 77704-3827 Phone: (409) 838-5016 Payment Terms: Net 30 Days-Govt State/Local Shipping Address: CITY OF BEAUMONT I.S. DIVISION 801 MAIN ST STE 330 BEAUMONT, TX 77701-3548 Shipping Method: DROP SHIP-GROUND Please remit payments to: CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 Sales Contact Info Alyssa McArthur-Guzman | (877) 621-3156 | alysmca@cdwg.com LEASE OPTIONS FMV TOTAL FMV LEASE OPTION BO TOTAL BO LEASE OPTION $77,439.26 $2,076.15/Month $77,439.26 $2,398.29/Month Monthly payment based on 36 month lease. Other terms and options are available. Contact your Account Manager for details. Payment quoted is subject to change. Why finance? Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. Flexible Payment Terms. 100% financing with no money down, payment deferrals and payment schedules that match your company’s business cycles. Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. Technology Refresh. Keep current technology with minimal financial impact or risk. Add-on or upgrade during the lease term and choose to return or purchase the equipment at end of lease. Bundle Costs. You can combine hardware, software, and services into a single transaction and pay for your software licenses over time! We know your challenges and understand the need for flexibility. General Terms and Conditions: This quote is not legally binding and is for discussion purposes only. The rates are estimate only and are based on a collection of industry data from numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners. Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration. Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term. Need Help? My Account Support Call 800.800.4239 Page 3 of 3 About Us | Privacy Policy | Terms and Conditions This order is subject to CDW’s Terms and Conditions of Sales and Service Projects at http://www.cdwg.com/content/terms-conditions/product-sales.aspx For more information, contact a CDW account manager. ' 2023 CDWG LLC, 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 5 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Keith Folsom, Director of Facilities Maintenance MEETING DATE: January 23, 2024 REQUESTED ACTION: Council consider a resolution approving the proposal submitted by Preferred Facilities Group - USA to replace the standby generator at Fire Station No. 6 located at 1880 South Major Drive. BACKGROUND Pricing was obtained from Preferred Facilities Group - USA utilizing Buy Board Texas Contract # 581-19. The Buy Board Texas Contract provides municipalities with the means to purchase construction services at competitive prices contracted under the procurement statues of the State of Texas. The proposed scope of work shall consist of removing the existing 60kw generator and installing a new 60kw generator and associated 400-amp automatic transfer switch. The cost to install the new standby generator and automatic transfer switch will be $79,564.46 plus $1,990.27 for the cost of performance and payment bonds for a total project cost of $81,554.73. Funds are available in the Capital Reserve fund. The need for the replacement of the existing generator is due to the age of the equipment and the number of service calls that the unit has required in the last 2-3 years. On multiple occasions the unit has failed to start during an outage. This project is necessary to ensure that the Fire Station maintains electrical power during outages, has a reliable standby power source, continues to provide the required services from the station, and reduce the number of repair calls. The existing generator at Fire Station No. 6 was installed in 2007 therefore the current generator is 17 years old. FUNDING SOURCE Capital Reserve RECOMMENDATION Approval of the resolution ATTACHMENTS EXHIBIT - 1.23.24 - Fac. Maint. Fire Station 6 Generator Replacement Proposal RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, pricing was obtained for the replacement of a standby generator at Fire Station No. 6 located at 1880 South Major Drive; and, WHEREAS, Preferred Facilities Group – USA submitted a proposal in the amount of $81,554.73 utilizing Buy Board Texas Contract #581-19; and, WHEREAS, the City Council is of the opinion that the bid submitted by Preferred Facilities Group – USA is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the proposal submitted by Preferred Facilities Group – USA in the amount of $81,554.73 for the replacement of a standby generator at Fire Station No. 6 located at 1880 South Major Drive; 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 23rd day of January, 2024. _______________________________ - Mayor Roy West - 6 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: January 23, 2024 REQUESTED ACTION: Council consider authorizing the City Manager to enter into an agreement with GP Realty and Management, Inc. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a mixed-use building including retail and apartments at 670-72 and 690 Orleans Street. BACKGROUND The City established the Empowerment Zone in order to encourage further development and revitalization within this particular area of Beaumont. The purpose of the zone is to offer economic incentives in this area to attract new businesses and residences as well as encourage the redevelopment or growth of existing businesses and residences. GP Realty and Management, Inc. has requested to receive the following incentives: 1) A possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000 for residential uses and $75,000 for all other uses. 2) Building fee waivers (not including tap and meter fees). 3) Expedited permit review. GP Realty and Management, Inc. is seeking the benefit from Empowerment Zone incentives in order to aid the development of a mixed-use building. Their plan includes an approximate $1,700,000 investment for a mixed-use building including retail, apartments, and a boutique hotel. Attached is the application, outlining the requests for all eligible benefits. The Administration believes that this project would meet the goals of the Empowerment Zone Program and the new FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Agreement RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into an agreement with GP Realty and Management, Inc., for economic development incentives to include: a possible three (3), 100% municipal tax abatement for all added value for investments greater than $50,000.00 for residential uses and $75,000.00 for all other uses, building fee waivers, (not including tap and meter fees) and expedited permit review; under the Neighborhood Empowerment Zone Program for the development of a mix-use building including retail, apartments, and a boutique hotel at 670-72 and 690 Orleans Street. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of January, 2024. _______________________________ - Mayor Roy West - 7 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: January 23, 2024 REQUESTED ACTION: Council consider authorizing the City Manager to enter into an agreement with GP Realty and Management, Inc. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of an apartment complex at 704 Neches Street. BACKGROUND The City established the Empowerment Zone in order to encourage further development and revitalization within this particular area of Beaumont. The purpose of the zone is to offer economic incentives in this area to attract new businesses and residences as well as encourage the redevelopment or growth of existing businesses and residences. GP Realty and Management, Inc. has requested to receive the following incentives: 1) A possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000 for residential uses and $75,000 for all other uses. 2) Building fee waivers (not including tap and meter fees). 3) Expedited permit review. GP Realty and Management, Inc. is seeking the benefit from Empowerment Zone incentives to aid the development of an apartment complex. Their plan includes an approximate $1,500,000 to $1,600,000 investment for a new 12-unit apartment complex. Attached is the application, outlining the requests for all eligible benefits. The Administration believes that this project would meet the goals of the Empowerment Zone Program and the new apartment complex would aid growth in this area. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Agreement RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into an agreement with GP Realty and Management, Inc., for economic development incentives to include: a possible three (3), 100% municipal tax abatement for all added value for investments greater than $50,000.00 for residential uses and $75,000.00 for all other uses, building fee waivers, (not including tap and meter fees) and expedited permit review; under the Neighborhood Empowerment Zone Program for the development of an apartment complex at 704 Neches Street. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of January, 2024. _______________________________ - Mayor Roy West - 8 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: January 23, 2024 REQUESTED ACTION: Council consider a request to extend the deadline to allow a multiple-family development and hotel at 670-690 Orleans, as approved in October of 2020. BACKGROUND Richard Gilbert of GP Realty and Management, Inc. requests an extension for the Specific Use Permit issued in October of 2020, to allow multiple-family development and hotel at 670-690 Orleans. The City of Beaumont Zoning Ordinances, Section 28.04.001(g) Specific Use Permits states, “Extensions of time for good cause may be approved by the city council.” The applicant expressed delays were caused by COVID-19 pandemic and during the challenging time many developing projects were placed on hold. Should substantial changes occur to the approved site plan the request will be presented to the Planning Commission and City Council via Amended Specific Use Permit. City Council approved Ordinance No. 20-060 for a Specific Use Permit to allow a multiple-family development and hotel with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment and/or F.O.G. program as well as all applicable Building and Fire Codes. 2. Submit a revised site plan that complies with minimum parking standards per ordinance FUNDING SOURCE Not applicable. RECOMMENDATION Administration recommends a new deadline of January 23, 2025, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment and/or F.O.G. program as well as all applicable Building and Fire Codes. 2. Submit a revised site plan that complies with minimum parking standards per ordinance. ATTACHMENTS Time Extension Request Letter Ordinance 20-060 ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A MULTIPLE-FAMILY DEVELOPMENT AND HOTEL IN A CBD (CENTRAL BUSINESS) DISTRICT FOR PROPERTY LOCATED AT 670-690 ORLEANS STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on October 27, 2020, City Council approved Ordinance No. 20-060 to allow a specific use permit for a multiple-family development and hotel in a CBD (Central Business) District for property located at 670-690 Orleans Street, being Lots 317-317 and east 40’ of Lot 320, Block 50, Beaumont Subdivision, Beaumont, Jefferson County, Texas, containing 0.60 acres, more or less, as shown on Exhibit “A,” attached hereto; and, WHEREAS, Richard Gilbert, on behalf of GP Realty and Management, Inc., wishes to amend the specific use permit for a multiple-family development and hotel in a CBD (Central Business) District for property located at 670-690 Orleans Street, being Lots 317-317 and east 40’ of Lot 320, Block 50, Beaumont Subdivision, Beaumont, Jefferson County, Texas, containing 0.60 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 to amend the specific use permit by extending the deadline to January 25, 2025 to allow for a multiple family development and hotel in a CBD (Central Business) District for property located at 670-690 Orleans Street, subject to the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements for the City’s pre-treatment and/or F.O.G. program as well as all applicable Building and Fire Codes; and, 2. Submit a revised site plan that complies with minimum parking standards per ordinance; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit to allow a multiple family development and hotel 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 Ordinance No. 20-060 be amended by amending the specific use permit granted to Richard Gilbert, on behalf of GP Realty and Management, Inc., their legal representatives, successors and assigns, as shown on Exhibit "B,” attached hereto and made a part hereof for all purposes, by extending the deadline to January 25, 2025 to allow the construction of a multiple- family development and hotel subject to the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements for the City’s pre-treatment and/or F.O.G. program as well as all applicable Building and Fire Codes. 2. Submit a revised site plan that complies with minimum parking standards per ordinance. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of January, 2024. _______________________________ - Mayor Roy West - December 20, 2023 City of Beaumont Planning & Zoning 801 Main Street, Room 201 Beaumont, TX 77701 RE: Specific Use Permit for 670-690 Orleans Street Building. To whom it may concern: GP Realty and Management is requesting extension for the File 2427-P a Special Use Permit to allow the development of Multifamily and Hotel in CBD (Central Business District), located at 670-690 Orleans Street. The Covid 19 pandemic in 2020-2021 brought in new challenging situations for all businesses, with the stay at home order, many businesses closed their doors others suffer a great deal of losses. During those challenging times a large number of developing projects was put on hold. GP Realty and Management is actively pursuing permitting and financing for the subject property redevelopment. We requesting an extension from January 9, 2024 to January 9, 2025. Thank you kindly for your consideration. Richard Gilbert Richard Gilbert, President GP Realty and Management, Inc. Direct: 832-656-6724 4606 FM 1960 W. Suite 640 Houston, Texas 77069 PHONE (281) 895-7773 FAX (281) 895-0007 E-MAIL richardgilbertt@aol.com GP REALTY & MANAGEMENT, INC. WORK SESSION Council to Review and Discuss a request from two Developers for Support of Affordable Housing Projects between Calder Avenue and Phelan Boulevard and at 415 S. 11th Street. Discuss and Receive Feedback on Converting to a Municipal Court of Record TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: January 23, 2024 REQUESTED ACTION: Council conduct a Work Session to review and discuss requests from three developers for support of affordable housing projects between Calder Avenue and Phelan Boulevard, at 415 S. 11th Street and one on the west side of Wendelin Drive, south of 6005 College. BACKGROUND Three developers are applying to the Texas Department of Housing and Community Affairs (TDHCA) for Housing Tax Credits (HTC’s) for the development of affordable housing within the city. In order to submit the application, TDHCA requires that the City Council acknowledge and confirm that the City of Beaumont has more than twice the state average of units per capita supported by Housing Tax Credits or Private Activity Bonds. In addition, the developers are` seeking additional support in order to achieve a better score for their project. This could include a statement of support for a project as well as financial support in the form of a $500 permit fee waiver. The three projects are Beaumont Crossing, a proposed sixty-eight (68) unit senior housing development, located between Calder Avenue and Phelan Blvd. The developer is Trinity Housing Development of Austin, Prados Place, a proposed sixty-nine (69) unit non-age restricted housing development, located at 415 S. 11th Street. The developer is KGC Development, LLC of Indianapolis. The third application is Providence West, on the west side of Wendelin Drive, south of 6005 College. This is a proposed eighty (80)-unit senior development by ITEX. The City Council could support none, some or none of the projects. If there is interest to move forward with support, resolutions would be submitted for consideration at the City Council meeting on February 20th. FUNDING SOURCE N/A RECOMMENDATION Conduct a Work Session. ATTACHMENTS Trinity Housing Development Support Request KGC Development, LLC Support Request ITEX Support Request To: Jes Prince, CDBG/Housing Manager, Beaumont Texas From: Michael Fogel, Vice President, Trinity Housing Development RE: Request for Local Support of Tax Credit Application: Beaumont Crossing Dear Ms. Prince, Trinity Housing Development formally requests support from the City of Beaumont for Beaumont Crossing, a proposed 69-unit multifamily community to be built between Calder Ave and Phelan Blvd, directly west of Buckner Calder Woods Retirement Community. Trinity Housing Development will be applying to the Texas Department of Housing and Community Affairs (TDHCA) to assist in financing this project using 9% Housing Tax Credits. The City of Beaumont supported a 9% Housing Tax Credit community for seniors last year. Our market research shows that there is a strong demand for this type of mixed-income housing for families and individuals of all ages, which is why we are proposing a family community. This is an excellent location for a non-age restricted community targeting families because of the proximity to Vincent Middle School, Amelia Elementary School, Forest Park, Walgreens Pharmacy, and various retail, restaurant, and healthcare options. We also believe this is an excellent location for a multifamily community because of the land uses immediately surrounding the site including multifamily senior living to the east, multifamily and vacant land to the south, townhomes to the southwest, commercial to the west, and commercial, retail, and multifamily to the north. We believe this site will score particularly well for 9% Housing Tax Credits due to dispersion factors: there are no housing tax credit-financed communities in the site’s census tract, nor in any of the surrounding census tracts. While the City of Beaumont has more than twice the state average of units per capita supported by Housing Tax Credits or Private Activity Bonds, this location is not adjacent to any census tracts in which such units have been built. Trinity Housing Development has a long history of workforce housing development in Texas, including Beaumont Trails, a 60 unit mixed-income community for seniors 55 and older, which opened in 2022. In proposing Beaumont Crossing, Trinity hopes to continue their relationship with the City of Beaumont through a community for all ages. We respectfully request that the City of Beaumont supports this proposed development. Please reach out with any questions or for additional information to Michael Fogel at mfogel@trinityhousingdevelopment.com or Alice Woods at alice@broadleafcc.com. Sincerely, Michael Fogel, Vice President, Trinity Housing Development Site Location 3.3 acres between Calder Ave and Phelan Blvd, directly west of Buckner Calder Woods Retirement Community Tract 1 TR 94-B & TR 123-B & ADJ ST AB 59 SP-6 C WILLIAMS 2.387AC Jefferson CAD Property ID 263609, and Tract 2 TR 94 & TR 123-A & ADJ STREET AB 59 SP-6 C WILLIAMS .997AC Jefferson CAD Property ID 119721 Beaumont Trails, 55+ Community, Beaumont, TX KCG Development 9311 North Meridian Street Suite 100| Indianapolis, IN | 46260 | (317) 502-9239 www.kcgcompanies.com / cj.lintner@kcgcompanies.com 12/15/2023 Jes Prince Housing Manager Housing Department City of Beaumont Jes.Prince@BeaumontTexas.gov Subject: Formal Request for City Council Resolution of Support for the proposed development of multifamily rental units utilizing TDHCA’s 2024 9% HTC Program Dear Ms. Prince, KCG Development, LLC (“KCG”) appreciates the opportunity to work with the City of Beaumont to bring equitable, sustainably built housing options to the city. KCG is requesting a Resolution of Support from City Council for the development of an affordable housing rental community proposed for 415 S 11th Street “Prado Place”. Since our inception in 2015, KCG has become one of the most active and successful firms in the affordable housing space nationally. We have consistently been ranked among the top affordable housing developers, most recently ranked #8 in 2023. Our core values bring a community-centric, creative approach to the challenges of development and we strive to align with the socioeconomic needs of each community we serve. We take pride in countless public-private partnerships we have championed. We fully understand that without meeting our communities where they are, our efforts would be fruitless and unsustainable. We are long-term owner-investors in our communities. Rather than developing to sell quickly for a profit, we build to operate long term with a minimum hold period of 15-30 years. This approach aligns our goals as an organization with the long term success and growth of the neighborhoods within which we invest. We take pride in this alignment and, if approved by Council to move forward, will work from day one to prioritize community input and goals in the development of this community. It is our passion to create equitable housing options for all that has struck our interest in this site and we look forward to working with the people of Longview to build better lives through better communities. The opportunity to bring affordable, urban housing opportunities to the neighborhood alongside permanent, sustainable jobs is an undertaking we are extremely proud to be a part of. Following this cover letter please find an overview of the proposed development and the KCG team that will oversee the build out and operations of the community for years to come along with financials and forms required by the City for such a request. Thank you, ___________________ CJ Lintner Vice President of Development KCG Development, LLC KCG Development 9311 North Meridian Street Suite 100| Indianapolis, IN | 46260 | (317) 502-9239 www.kcgcompanies.com / cj.lintner@kcgcompanies.com Conceptual Community Overview KCG is proposing approximately 69 units of general tenancy rental housing, for the currently unutilized and vacant parcel at the corner of 11th & Hollywood – formerly utilized as a church facility. The community will use Texas Department of Housing and Community Affair’s 9% Tax Credit Program to provide units for households earning at or below 60% of the Area Median Income – with some units designated for tenants at incomes as low as 30% of the Area Median Income. The contemplated design, illustrated by the renderings included herein, features 3-story buildings. This design will comply with all code requirements for multifamily development of this nature, but the site will require a rezoning in order to allow the proposed use. Continued discussions with City Staff and Community Members will lead further revisions to the site plan. Units will feature expansive floor plans, energy saving features, technology integration and more. The clubhouse will be a part of the larger residential building and will include spaces for various resident programming. The community will feature a community kitchen, walking paths that connect to the public trail system that meets the south side of the site, a gazebo, a sport court, and playground alongside a sizeable greenspace dedicated to residents. The property will be connected with local health, social and mental wellness resources to ensure our residents have information and access to the resources they need to live with independence and stability while maintaining connections with the larger community. KCG is already having initial discussions with several area organizations. Sustainable building features – efficient lighting, plumbing, windows, HVAC and more – will be integrated into the design. User-friendly technology integration – controlled building access, smart thermostats, built-in USB ports, smart-lighting in common areas, etc – will also be incorporated. KCG has begun actively seeking city staff and community input to ensure what is built is maximally responsive to what our future neighbors and residents want to see added to the city’s housing inventory. This community will be developed utilizing the State of Texas’ 9% Housing Tax Credit Program, which allows for the development of modern, sustainably built housing inventory to serve households at a variety of income levels. Extremely high demand for labor nationally, coupled with supply chain issues for key components of residential construction, leaves cities like Beaumont at a disadvantage when it comes to providing new housing inventory. This leaves many renters in the stuck over-paying and burdened by the cost of housing. The Housing Tax Credit Program allows communities to close the gaps in their housing needs – providing market-rate quality housing options at rentals rates dicated by local income data. This means housing options that provide earners at all income levels a place to call home that’s within budget. The development of the community will be overseen from start to finish and throughout operations for years to come by the KCG team. KCG is a vertically integrated firm with Development, Design, Construction and Property Management all in-house – working with local partners in all of these areas to maximize local economic impact. Our corporate construction team will work with local subcontractors and laborers while, our design team will coordinate with local engineers and surveyors and our property management division will hire local property managers and maintenance staff to operate the community. This approach allows us to maximize economic benefit to the larger community. It also ensures the commitments we make on the front end with City Staff and members of the community are not only translated into what we build but into how the property is operated for decades to come. KCG Development 9311 North Meridian Street Suite 100| Indianapolis, IN | 46260 | (317) 502-9239 www.kcgcompanies.com / cj.lintner@kcgcompanies.com Key Project Information Property Name: Prado Place Ownership Entity: KCG Development, LLC, or a related special purpose entity wholly owned by KCG Development, LLC Tenancy: General Tenancy Address: 415 S 11th Street Zoning: current zoning allows for multifamily development as a use, no rezoning required Contemplated Unit Mix – approximately 69 total units o 30% 1 Bedroom o 50% 2 Bedroom o 20% 3 Bedroom Contemplated Rent Structure o Per State requirements for the 9% Housing Tax Credit Program, units will be rented to households at or below 60% of Area Median Income levels. We are also offering some units as low as 30% AMI rent levels, for tenants at or below the 60% AMI levels. o All utilities will be tenant paid, but the estimated cost of those utilities will be factored into and discounted from the rents tenants must pay to ensure an affordable living situation for all in the community Contemplated Building Sustainability Features o Energy Star Lighting o Energy Start Appliances o Energy Start Windows o WaterSense Low-Flow Plumbing Fixtures Contemplated Technology Integration o Smart outlets with USB plugs o Controlled key-card access o Smart common-area lighting o Property Wide Fire Monitoring & Sprinkler System Contemplated Development Timeline o Progress to Date - Initial diligence, preliminary design discussions and initial discussions with local community leaders & city staff o January 2023 – submit Resolution of Support Application to City o February 2024 – City Council Resolution of Support vote, finalize internal diligence, prepare for 9% Housing Tax Credit Application submissions o March 2024 – submit + 9% HTC Application to TDHCA, finalize initial set of design documents, unit and building plans, etc o June 2024 – begin plan review and permitting process with City Staff o July 2024 – receive 42M Letter from TDHCA for 9% HTC o November 2024 – financial closing and construction commencement o November 2025 – first units online o February 2026 – construction completion o April 2026 – Lease-Up complete KCG Development 9311 North Meridian Street Suite 100| Indianapolis, IN | 46260 | (317) 502-9239 www.kcgcompanies.com / cj.lintner@kcgcompanies.com Profile of Principles & Key Staff Firm Overview Established in 2015, KCG is a mixed-use and multifamily housing developer founded on the principle that positive social impact and profitable development are not mutually exclusive. Never taking a “one-size-fits-all” approach, we take pride in our commitment to aligning our vision with that of local stakeholders. Through this customization, we build sustainable communities that represent long- term value and opportunity for residents. KCG’s approach to development and strong values are reinforced by the experience of its team members. Throughout our careers, KCG principals have collectively financed, developed, or built more than $2.8 billion of multifamily rental housing. This combined expertise allows KCG to craft unique, market-responsive development solutions and effectively leverage a wide range of financing sources. Since 2018, KCG has consistently been ranked among the nation’s top 30 Affordable Multifamily Developers in Affordable Housing Finance’s annual ranking – most recently #8 in 2023. Our growth and successes to date are a testament to multi-disciplinary development approach and KCG’s strong partnerships with housing agencies, financial partners, localities, and our residents. Organizational Structure KCG Development, LLC is the development arm of the KCG Companies firm - a vertically integrated affordable housing group with Development, Design, Construction and Property Management groups. KCG Development will leverage the sister companies within the organization to develop, design, build and manage this community. KCG Companies | Team Profile KCG’s dynamic team includes individuals with planning, design, finance, and community development expertise. R.J. Pasquesi | President and Founder R.J. Pasquesi is the Founder and President of KCG Development. He is responsible for providing both the strategic direction and for leading the day-to-day operational activities of the firm. R.J.’s work at KCG also encompasses taking the lead on equity and lender relationships, project specific financing issues, and growing the portfolio through the acquisition and development of apartment communities. Prior to forming KCG, R.J. was a senior executive at Herman & Kittle Properties where he led the development and finance areas and helped double the size of the firm over his tenure. During his time there, R.J. was involved in the development, acquisition and / or financing of over 7,500 apartment homes totaling more than $600 million in investments and over 630,000 square feet of self-storage totaling more than $45 million in investments. R.J. began his real estate career working for Affinity Real Estate, LLC, a boutique real estate investment firm. R.J. also worked at Bank of America in both Investment Banking and Portfolio Management. While in the Investment Banking Group, he was responsible for developing corporate finance models to analyze capital structures, acquisitions / divestitures, and corporate valuations. While in the Portfolio Management Group, R.J. assisted in the negotiation and structuring of senior bank debt facilities. Karla Burck | Executive Vice President, Development Karla is the Executive Vice President of Development, responsible for acquiring General Partnership interests in existing LIHTC properties, fee simple existing and expiring LIHTC properties as well as other properties with affordable rents. With over 15 years in the affordable housing industry, Karla began her affordable housing career with the Indiana Housing Finance Authority, now the Indiana Housing & Community Development Authority (IHCDA). In her role as the Allocations Manager, Karla was responsible for the Low Income Housing Tax Credit (LIHTC) and Tax Exempt Bond Programs. Karla left IHCDA to work for a national Low Income Housing Syndicator where she concentrated on repositioning troubled assets. Things came full circle for Karla when she accepted a position as the Vice President of Acquisitions for a national affordable housing development company, Herman & Kittle Properties. During her tenure with HKP, Karla closed over 40 partnership interests, representing 3,500 units across 13 states, and played an integral role in correcting property management and compliance related issues. Karla earned a Bachelor’s degree from Indiana University. She was recognized as one of AHF’s 2015 Young Leaders, has participated on and facilitated conference panel discussions at Affordable Housing Conferences such as NCSHA and IPED, and serves on the Board of Directors for IndyCREW. Karla currently lives in Indianapolis, IN with her husband and two children. KCG Companies, LLC KCG Development, LLC KCG KCG Development 9311 North Meridian Street Suite 100| Indianapolis, IN | 46260 | (317) 502-9239 www.kcgcompanies.com / cj.lintner@kcgcompanies.com CJ Lintner | VP, Development Main Point of Contact for development of Prado Place in San Angelo CJ is the VP, Development responsible for cultivating strategic partnerships and multifamily housing development opportunities throughout Texas and Iowa. Joining the KCG family just after the company was founded, CJ’s time with the firm has been spent in a variety of markets – managing all aspects of the development process from site acquisition, throughout the community engagement process and to punch list close-out. Development efforts to date include $360M of new construction, in-place acquisition renovations and conversions of historic structures to affordable housing. The last three years, CJ has been focused on growing KCG’s portfolio in Texas. Recently completed projects include two Mark Up to Market Section 8 Contract Renewals, one of which was in Houston and leveraged Disaster Recovery CDBG funding from the City’s Housing & Community Development Department. Prior to turning his attention on the Texas market, he worked with the Winder Housing Authority in Winder, Georgia to develop Wimberly Manor – 73 units of senior housing on land owned by the Housing Authority. CJ earned a Bachelor’s degree from the Kelley School of Business at Indiana University in Finance and Real Estate. Prior to joining KCG, CJ worked for the Center of Health Innovation & Implementation Science at Indiana University’s School of Medicine - refining experimental results into sustainable, scalable, and financially viable healthcare innovations. Throughout this experience, he was able to gain an in-depth understanding of how impactful the built environment, community design and connectivity to local resources are in determining the health and socioeconomic outcomes of both individuals and their larger communities as a whole. In modern America a person’s zip code, not their genetics, is the largest determinant of their health outcomes. There is possibly no other single statistic that so effectively illustrates the disparate situations faced by lower income communities, where physical location, i.e. a lack of equitable housing options, often puts essential community resources out of reach. A desire to combat the disparities faced by workforce communities is CJ’s driving motivation – affordable housing development combines a passion for entrepreneurship with a desire to build a better future for those around him. Tina Waggoner | Asset Manager Tina is the Asset Manager for KCG Development responsible for monitoring property performance to ensure all company owned communities are performing financially and generating a return on investment. She also makes sure these communities are maintained in accordance with the company’s vision to provide safe, affordable housing for families and seniors. With over 25 years in the affordable housing industry, Tina began her affordable housing career with Davis Properties, LP in 1992 as property manager and spent the last 12 years with Herman & Kittle Properties, Inc as regional manager. In her role as regional manager, Tina was responsible for overseeing the lease up of over 20 Low Income Housing Tax Credit (LIHTC) and Tax Exempt Bond properties. During her tenure with HKP, Tina spent the last 5 years overseeing the transition and stabilization of acquisitions. In that time she transitioned and stabilized over 25 properties. Most of which had operational challenges such as declining occupancy, non-compliance and financial under-performance. Tina earned her Certified Property Manager (CPM) designation in 2013 from the Institute of Real Estate Management (IREM). She holds the Certified Occupancy Specialist (COS) and Blended Occupancy Specialist (BOS) designation from the National Center for Housing Management (NCHM) along with the Housing Credit Certified Professional (HCCP) from the National Association of Home Builders (NAHB). Andrew Wilson | Chief Operating Officer Andy is the Chief Operating Officer, Andy is COO for KCG Companies, responsible for the design, implementation, and analysis of all key business processes in the organization. His diverse professional experience in the design, construction and real estate development industries provides excellent perspective to align interests and outcomes across all KCG divisions. Previous to his current position, Andy was Vice President of KCG Design Services, responsible for architectural, design oversight and standardization of all KCG developments, and a member of the KCG Executive Team. A licensed architect since 2006, Andy started his career in New York City, where he worked for large firms specializing in master planning, hospitality, and high-end residential design across the US and in Bermuda and the Caribbean. More recently, Andy was a construction project manager and lead cost estimator for a construction management firm responsible for $120 million in lump sum bids annually. After 13 years in New York, Andy came back to the Midwest, working in Milwaukee for a real estate investment and development company focused on LIHTC and historic tax credit rehabs and development in southeastern Wisconsin. KCG Development 9311 North Meridian Street Suite 100| Indianapolis, IN | 46260 | (317) 502-9239 www.kcgcompanies.com / cj.lintner@kcgcompanies.com For KCG, since 2019, Andy has overseen design for nearly 750 affordable units at a total development value of over $125 million, in a mixture of new construction and rehab projects. Andy is a summa cum laude graduate of the University of Notre Dame where he earned a Bachelor’s of Architecture, and holds credentials as a U.S. Green Building Council LEED® Accredited Professional and National Council of Architectural Registration Boards Certified Architect. Andy lives in Indianapolis with his wife and two sons. Evan Lattner | Development Manager Evan is the lead Development Manager for Texas, working to identify and develop new projects. In this role, she is responsible for streamlining pre-development activities across KCG’s pipeline, including site identification, underwriting and financial structuring, and preparing tax credit applications as well as playing an integral role in the closing process with debt and equity partners. Prior to joining KCG, Evan worked as a financial analyst for Kittle Property Group – a national affordable housing development firm based out of Indianapolis, IN in which he gained exposure to loan conversions to permanent financing, refinancing of assets, and the Qualified Contract process with IHCDA. Before that, Evan worked in Public Accounting as an Audit Associate in Denver, CO for KPMG. In this role, he aided in the filing of various Public Company Integrated Audits, Private Company Financial Statement Audits, and Audits of Supplementary Information with the SEC. Evan is passionate about fostering relationships based on accountability and trust as well as identifying unique community needs. Evan earned his Bachelor of Science in Real Estate Finance and Accounting from Indiana University’s Kelley School of Business where he graduated in 2019. Evan lives in the Indianapolis, IN area and enjoys traveling, gardening, and college athletics. He is also an outdoor enthusiast, and spends most of his free time fishing, hiking, or camping. Development Partner References Following are development partner references from previous projects which KCG has participated in. Please feel free to contact any of these groups or individuals directly for more information. Community Partners Ray Miller Assistant Director Multifamily, Public Facilities & Real Estate Finance City of Houston Housing & Community Development Department 2100 Travis Street, 9th Floor Houston, TX 77002 Office: 832-394-6119 Email: Ray.Miller@HoustonTX.gov Jim Shaw Executive Director Capital Area Housing Finance Corporation 4101 Parkstone Heights Drive, Suite 280 Austin, TX 78746 Office: 512-347-9953 Email: jeshaw@cahfc.org Tax Credit Investor References Jen Erixon Senior Vice President, Originations Alliant Capital, LTD 21600 Oxnard Street, Suite 1200 Woodlands Hills, CA 91367 Office: 818-449-5800 Email: Jen.Erixon@alliantcapital.com Kristen Senff Vice President - Originations 10 South Riverside Plaza, Suite 1700 Chicago, IL 60606 Office: 312-360-0400 Email: Kristen.Senff@nefinc.org Housing Authorities Michelle Yawn Executive Director Winder Housing Authority KCG Development 9311 North Meridian Street Suite 100| Indianapolis, IN | 46260 | (317) 502-9239 www.kcgcompanies.com / cj.lintner@kcgcompanies.com Referential Concept Renderings Note: KCG is proposing a 3-story design for this community, in line with the in place zoning, height and density limits, etc. The below images are precedent imagery from previous developments, not specific to this particular community but similar in design. The renderings below highlight the exterior building materials and styling we are going for. The intent of the images is to illustrate the quality of exterior materials and the level of design that is planned for this community. Following these images are renderings of the community itself, as shown earlier in this info packet Providence West Beaumont West side of Wendelin Drive, South of 6005 College Street Beaumont, TX 77707 Providence West Beaumont Development Narrative Beaumont PWB, LP is proposing a new 9% Low Income Housing Tax Credit (LIHTC) elderly development. ITEX and Jehovah Jireh Village CDC, a local nonprofit, are partnering together for this new construction. The proposed development, Providence West Beaumont, is located on the West side of Wendelin Drive, South of 6005 College Street in Beaumont, Texas 77707. The development will reside on approximately 7 acres of land just south of Retreat West Beaumont. Providence West Beaumont will be comprised of a 3 story, elevator served, approximately 80-unit multifamily structure composed of one- and two-bedroom units. Providence’s architectural design will be similar to Abiding Grace which is currently under construction. Attached are elevations and unit plans. Amenities in the development will include a community room, fitness center, and business center. Unit features will include granite counter tops, LED lighting, wood cabinets, wood style flooring, 9 foot ceilings, and energy star rated appliances. Providence West Beaumont will not only help in the continued investment in the area by bringing a substantial investment, but will also establish quality housing where it is much needed. The development will create a number of jobs for professionals, including over 150 construction jobs for a 14-18 month period. Additionally, approximately 3-4 new permanent management and operations jobs once construction is complete. Future elderly residents will ultimately benefit from safe, quality housing that is attainable within their income range. LOCATION ABIDING GRACE BEAUMONT, TEXAS CLUBHOUSE DATA LEASING MAIL ROOM 725 SF 174 SF 221 SF 340 SF 635 SF 193 SF 172 SF 322 SF 224 SF 122 SF 351 SF 200 SF 336 SF LAUNDRY ROOM COMMUNITY ROOM DINING ROOM KITCHEN BUISNESS ROOM FITNESS CENTER OFFICE COPY ROOM STORAGE / MAINT. RESTROOMS HALLWAYS TO MAINT / UNITS STORAGE 351 SF TOILETS TOILETS CORRIDOR WARMING KITCHEN LAUNDRY 201 SF 221 SF TABULATION DATA STOR. 65 SF UNCONDITIONED AND ACCESSIBLE TO RESIDENTS 0 SF CONDITIONED AND ACCESSIBLE TO RESIDENTS 2,695 SF 1,070 SF 330 SF CONDITIONED AND ACCESSIBLE BY EMPLOYEES UNCONDITIONED AND ACCESSIBLE TO EMPLOYEES VERANDA COMM. ROOM FITNESS 322 SF DINING ROOM 619 SF 340 SF NOTES: • BUSINESS ROOM HAS WORK STATIONS AND SEATING, INTERNET ACCESS, 1 PRINTER, 1 SCANNER, AND 2 DESKTOP COMPUTERS. • FURNISHED COMUNITY ROOM • 9'-0" CEILING HEIGHT OFFICE 112 SF WORK RM. UNIT DATA FLOOR FINISHES • • • • • Covered Entries UNIT A1/A1-VH UNIT B1/B1-VH UNIT B2/B2-VH 9'-0" Ceilings in Living and Bedrooms Covered Patios / Balconies Walk-in Closets Natural Stone or Quartz Countertops in Kitchen and Bath • • • • Carpet / Vinyl / Resilient: Ceramic Tile: Concrete: 100% (0 SF) 0% (0 SF) 0% (0 SF) • • • • Carpet / Vinyl / Resilient: Ceramic Tile: Concrete: 100% (1100 SF) 0% (0 SF) 0% (0 SF) • • • • Carpet / Vinyl / Resilient: Ceramic Tile: Concrete: 100% (1130 SF) 0% (0 SF) 0% (0 SF) Total Floor Area: 100% (740 SF) Total Floor Area: 100% (1100 SF) Total Floor Area: 100% (1130 SF) • • • Thirty Year Roof Greater than 30% Stucco or Masonry Energy-Star or Equivelent Rated Refridgerator with Ice Maker UNIT A1-HC UNIT B1-HC • • EPA WaterSense or Equivelant Toilets EPA WaterSense or Equivelent Shower Heads and Faucets • • • • UNIT DATA FLOOR FINISHES • • • • • Covered Entries UNIT A1/A1-VH UNIT B1/B1-VH UNIT B2/B2-VH 9'-0" Ceilings in Living and Bedrooms Covered Patios / Balconies Walk-in Closets Natural Stone or Quartz Countertops in Kitchen and Bath • • • • Carpet / Vinyl / Resilient: Ceramic Tile: Concrete: 100% (0 SF) 0% (0 SF) 0% (0 SF) • • • • Carpet / Vinyl / Resilient: Ceramic Tile: Concrete: 100% (1100 SF) 0% (0 SF) 0% (0 SF) • • • • Carpet / Vinyl / Resilient: Ceramic Tile: Concrete: 100% (1130 SF) 0% (0 SF) 0% (0 SF) Total Floor Area: 100% (740 SF) Total Floor Area: 100% (1100 SF) Total Floor Area: 100% (1130 SF) • • • Thirty Year Roof Greater than 30% Stucco or Masonry Energy-Star or Equivelent Rated Refridgerator with Ice Maker UNIT A1-HC UNIT B1-HC • • EPA WaterSense or Equivelant Toilets EPA WaterSense or Equivelent Shower Heads and Faucets • • • • ELEVATION DATA BRICK 30% CEMENTITIOUS PANEL 9% CEMENTITIOUS SIDING WOOD SCREEN 58% 3% NOTES: • BUILDING ROOF IS A FLAT ROOF SYSTEM CEMENTITIOUS SIDING SHINGLE ROOF FLAT ROOF AND PARAPET CEMENTITIOUS SIDING SHINGLE ROOF AWNING FLAT ROOF AND PARAPET ROOF 32' - 0" ROOF 32' - 0" LEVEL 3 21' - 4" LEVEL 3 21' - 4" LEVEL 2 10' - 8" LEVEL 2 10' - 8" LEVEL 1 0" LEVEL 1 0" WOOD SCREEN BRICK BRICK 01 | ELEVATION SOUTH 01 03 | ELEVATION W EST 01 CEMENTITIOUS SIDING FLAT ROOF AND PARAPET CEMENTITIOUS PANEL FLAT ROOF AND PARAPET CEMENTITIOUS PANEL CEMENTIOUS SIDING SHINGLE ROOF ROOF 32' - 0" ROOF 32' - 0" LEVEL 3 21' - 4" LEVEL 3 21' - 4" LEVEL 2 10' - 8" ELEVATION DATA BRICK 30% CEMENTITIOUS PANEL 9% CEMENTITIOUS SIDING WOOD SCREEN 58% 3% NOTES: • BUILDING ROOF IS A FLAT ROOF SYSTEM SHINGLES CEMENTIOUS SIDING CEMENTIOUS SIDING SHINGLES FLAT ROOF AND PARAPET ROOF 32' - 0" ROOF 32' - 0" LEVEL 3 21' - 4" LEVEL 3 21' - 4" LEVEL 2 10' - 8" LEVEL 2 10' - 8" LEVEL 1 0" LEVEL 1 0" WOOD SCREEN BRICK WOOD SCREEN BRICK 01 | ELEVATION NORTH 01 02 | ELEVATION EAST 02 CEMENTIOUS SIDING FLAT ROOF AND PARAPET CEMENTIOUS SIDING SHINGLES FLAT ROOF AND PARAPET ROOF 32' - 0" ROOF 32' - 0" LEVEL 3 21' - 4" LEVEL 3 21' - 4" LEVEL 2 10' - 8" LEVEL 2 10' - 8" LEVEL 1 0" LEVEL 1 0" BRICK WOOD SCREEN WOOD SCREEN BRICK 03 | ELEVATION NORTH 02 04 | ELEVATION W EST 02 EXTERIOR ELEVATIONS 09 LEVEL 2 10' - 8" LEVEL 1 0" LEVEL 1 0" BRICK WOOD SCREEN BRICK 04 | ELEVATION SOUTH 02 02 | ELEVATION EAST 01 EXTERIOR ELEVATIONS 08 Carpet / Vinyl / Resilient: Ceramic Tile: Concrete: 100% (740 SF) 0% (0 SF) 0% (0 SF) • • • • Carpet / Vinyl / Resilient: Ceramic Tile: Concrete: 100% (1100 SF) 0% (0 SF) 0% (0 SF) • 15 SEER HVAC Total Floor Area: 100% (740 SF) Total Floor Area: 100% (1100 SF) 24'-0" 36'-0" MECH MECH. BATHROOM 93 SF KITCHEN KITCHEN 153 SF 125 SF BATHROOM 105 SF BATHROOM 104 SF CLOSET DINING ROOM 89 SF DINING 89 SF BEDROOM LIVING AREA 175 SF 128 SF BEDROOM BEDROOM 177 SF 177 SF LIVING 129 SF PATIO / BALCONY PATIO / BALCONY 01 | A1-HC FLOOR PLAN 02 | B1-HC FLOOR PLAN 740 Net SF 1100 Net SF 800 Gross SF 1220 Gross SF UNIT PLANS 07 SCALE: 1/8" = 1'-0" ABIDING GRACE Carpet / Vinyl / Resilient: Ceramic Tile: Concrete: 100% (740 SF) 0% (0 SF) 0% (0 SF) • • • • Carpet / Vinyl / Resilient: Ceramic Tile: Concrete: 100% (1100 SF) 0% (0 SF) 0% (0 SF) • 15 SEER HVAC Total Floor Area: 100% (740 SF) Total Floor Area: 100% (1100 SF) 24'-0" 36'-0" 35'-0" 13'-0" MECH MECH. MECH. CLOSET 44 SF BATHROOM KITCHEN 67 SF 146 SF KITCHEN WALK-IN CLOSET WALK-IN CLOSET 219 SF KITCHEN 52 SF 52 SF 141 SF BATHROOM 71 SF WALK-IN CLOSET 36 SF BATHROOM 78 SF BATHROOM 78 SF DINING 143 SF LIVING 145 SF DINING 87 SF BEDROOM DINING 143 SF 120 SF LIVING 125 SF BEDROOM LIVING AREA 157 SF 129 SF BEDROOM 147 SF BEDROOM 148 SF PATIO / BALCONY BEDROOM BATHROOM 156 SF 52 SF WALK-IN CLOSET PATIO / BALCONY PATIO / BALCONY 54 SF 01 | A1/A1-VH FLOOR PLAN 02 | B1/B1-VH FLOOR PLAN 03 | B2/B2-VH FLOOR PLAN 740 Net SF 1100 Net SF 1130 Net SF 800 Gross SF 1220 Gross SF 1280 Gross SF UNIT PLANS 06 122 SF BUSINESS 170 SF MAIL 173 SF OFFICE 112 SF HALLWAY STAIR LEASING / LOBBY 725 SF DROP - OFF 70'-11" CLUBHOUSE PLAN 05 163 Martin Luther King, Jr. Drive Winder, GA 30680 Office: 770-867-7495 Email: myawn@winderhousing.com Design, LLC KCG Construction, LLC KCG Residential, LLC