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HomeMy WebLinkAboutMIN JUL 17 2018T E X A S M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., At -Large BECKY AMES, MAYOR William R. Sam, Sr., At -Large Virginia H. Jordan, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III JULY 17, 2018 Robin Mouton, Mayor Pro Tern Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk 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, 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 * Presentation and Recognition Public Comment: Persons may speak on scheduled agenda item No. 1-4/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. PastorTamika Hightowerwith Church Outreach Deliverance Ministries Church gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Mouton, Councilmembers Jordan, Getz, Sam, Pate and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Hear Me Roar" - Proclamation read by Mayor Ames; accepted by Morline Guillory, President of Pioneering Women along with the Honorees Robin Mouton and Verlie Nobles as well as Members of Pioneering Women Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda Bruce Hamilton 7730 Chelsea Drive Beaumont TX Spoke regarding Item #3 on the Agenda; the renovation of the Tyrrell Park.Community Building located at 5305 Tyrrell Park Road Minutes — July 17, 2018 Dr. Steven P. Lewis 540 Campus St. Beaumont TX Spoke regarding Item #3 on the Agenda; the renovation of the Tyrrell Park Community Building located at 5305 Tyrrell Park Road Laurie Leister 1240 Wilchester Beaumont TX Spoke regarding Item #3 on the Agenda; the renovation of the Tyrrell Park Community Building located at 5305 Tyrrell Park Road Theresa Goodness 985 19th St. Beaumont TX Spoke regarding Item #3 on the Agenda; the renovation of the Tyrrell Park Community Building located at 5305 Tyrrell Park Road Fredrick Fusilier 4955 Ada St. Beaumont TX Spoke regarding Item #2 on the Agenda; purchase of the building and property located at 555 Main St. CONSENT AGENDA * Approval of minutes — July 3, 2018 Confirmation of committee appointments — None A. Authorize the City Manager to execute all documents necessary to apply for and accept grant funding for the Southeast Texas Auto Theft Task Force — Resolution 18-154 B. Authorize the City Manager to enter into a contract with Legacy Community Development Corporation for HOME Investment Partnerships funds from the Department of Housing and Urban Development — Resolution 18-155 C. Authorize the City Manager to apply for and receive funding from "The Save the Children Fund" for the Library System — Resolution —18-156 D. Authorize the City Manager to execute Change Order No. 5 for the Washington Boulevard Pavement Widening Phase II Project (Corporate Drive to Amarillo Street) — Resolution 18- 157 E. Amend Resolution 18-150 related to a bid for medical supplies — Resolution 18-158 F. Authorize the acceptance of a ten foot (10') wide Exclusive Water Line Easement located at 9695 College Street — Resolution 18-159 Councilmember Jordan moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL Minutes — July 17, 2018 NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance authorizing the issuance and sale of City of Beaumont, Texas, Certificates of Obligation, Series 2018 in an estimated amount not to exceed $10 Million; levying taxes to provide for payment thereof; and containing other matters related thereto. Results of the sale will be presented by the City's Financial Advisor, Dustin Traylor of RBC Capital Markets. A recommendation will be made to award the bonds to an underwriter. Interest is payable semiannually, March 1 and September 1, beginning March 1, 2019. UMB Bank, N.A. Austin, Texas, will serve as paying agent/registrar. Delivery and receipt of the proceeds by the city are scheduled forAugust 9, 2018. The funds will be utilized in the Street Rehabilitation Program. Principal and interest is paid from the Debt Service Fund which is supported by property taxes. Approval of ordinance. COuncilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, AUTHORIZING THE ISSUANCE AND SALE OF CITY OF BEAUMONT, TEXAS, CERTIFICATES OF OBLIGATION SERIES 2018 IN THE AGGREGATE PRINCIPAL AMOUNT OF $10,000,000; LEVYING A TAX IN PAYMENT THEREOF; AWARDING THE SALE THEREOF; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT AND A CERTIFICATE PURCHASE AGREEMENT; APPROVING THE OFFICIAL STATEMENT; CONFIRMING THE ENGAGEMENT OF PROFESSIONALS IN CONNECTION WITH THE ISSUANCE OF THE CERTIFICATES OF OBLIGATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND ENACTING OTHER PROVISIONS RELATING THERETO. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 18-037 2. Consider a resolution authorizing the City Manager to execute all documents necessary, on behalf of the City of Beaumont, to purchase the building and property located at 555 Main Street. The Administration discussed the potential purchase of this property in an Executive Session held on May 8, 2018. The Administration made an offer of $1,000,000 for the building and property, contingent upon approval by the City Council. Minutes — July 17, 2018 The Seller (JPMCC 2007-CIBC19 Main Street LLC) has agreed to the City's offer. The City of Beaumont would purchase the property with funds from the Fund Balance in the General Fund. Sales tax revenues, after Hurricane Harvey, have produced unanticipated revenue in excess of $4.5 million. The Fund Balance in the General fund is very strong and is expected to be greater than $38 million or more than 30% of annual expenditures at the end of September 2018. The City plans to demolish the building to allow for future development on the 3.7 acres, which is adjacent to the Neches River and the City's Civic Center property. The Assessed Value of the land and improvements is $4,126,550 on the tax roll. The Assessed Value of the land only is $480,920. Funds will come from the General Fund's Fund Balance. Approval of the resolution. Councilmember Getz move to table this item. The motion failed due to a lack of a second. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY PLANS TO ACQUIRE THIS SITE FOR FUTURE DEVELOPMENT OF THE 3.7 ACRES, WHICH IS ADJACENT TO THE NECHES RIVER AND THE CITY'S CIVIC CENTER PROPERTY; AND THAT CITY COUNCIL IS OF THE OPINION THAT IT IS IN THE BEST INTEREST OF THE CITIZENS OF THE CITY OF BEAUMONT FOR THE CITY TO ENTER INTO A LETTER OF INTENT FOR THE PURCHASE OF THE BUILDING AND PROPERTY LOCATED AT 555 MAIN STREET AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A LETTER OF INTENT BETWEEN THE CITY OF BEAUMONT AND JPMCC 2007-CIBC19 MAIN STREET LLC IN THE AMOUNT OF $1,000,000.00 FOR THE PURCHASE OF THE BUILDING AND PROPERTY LOCATED AT 555 MAIN STREET. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 18-160 3. Consider a resolution authorizing the City Manager to execute an amended agreement with Architectural Alliance, Inc. for the renovation of the Tyrrell Park Community Building located at 5305 Tyrrell Park Road. In August of 2009, the City of Beaumont entered into an agreement with Architectural Alliance, Inc. to provide architectural services for the renovation of the Tyrrell Park Community Building. Architectural Alliance, Inc. completed the schematic phase and the design development phase of the proposed renovation before the project was placed on hold due to funding priorities. Funds were paid to Architectural Alliance, Inc. for schematic and design development phases of the project design in the amount of $115,000. Minutes —July 17, 2018 Architectural Alliance, Inc. has agreed to fully credit the previously performed Schematic Design Phase and adding a onetime fixed fee of $1,500 to modify the previous Schematic Design Phase drawings per the new design concept approved by the City of Beaumont. The previous contract agreement allows the Architect to charge the City of Beaumont 8% of the construction cost for his basic services. Based upon the estimated cost of construction to be $2,100,00.00, the estimated cost of the architect fees will be $168,000.00. Funds will come from the Hotel Occupancy Tax Fund. Approval of the resolution. Mayor Pro Tem Mouton moved to APPROVE A RESOLUTION THAT ARCHITECTURAL ALLIANCE, INC. COMPLETED THE SCHEMATIC PHASE AND THE DESIGN DEVELOPMENT PHASE OF THE PROPOSED RENOVATION BEFORE THE PROJECT WAS PLACED ON HOLD DUE TO LACK OF FUNDING TO RENOVATE THE FACILITY, CITY COUNCIL IS OF THE OPINION THAT IT IS IN THE BEST INTEREST OF THE CITIZENS OF THE CITY OF BEAUMONT FOR THE CITY TO ENTER INTO AN AMENDED ARCHITECTURAL SERVICES AGREEMENT ARCHITECTURAL ALLIANCE, INC. FOR PARTIAL RENOVATION OF THE TYRRELL PARK COMMUNITY BUILDING LOCATED AT 5305 TYRRELL PARK ROAD AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AMENDMENT TO THE ARCHITECTURAL SERVICES AGREEMENT BETWEEN THE CITY OF BEAUMONT, TEXAS AND ARCHITECTURAL ALLIANCE, INC. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 18-161 4. Consider granting a new solid waste transportation service agreement with DSC Carting, LLC. According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Seven (7) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. DSC Carting, LLC dba Deep South Containers has requested that the City Council grant the company such franchise agreement. DSC Carting, LLC serves Southwest Louisiana and Southeast Texas with its Beaumont office located at 1440 Spindletop Avenue. The franchise agreement provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of .gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to the City Charter, franchise ordinances require readings at three (3) separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four (4) consecutive weeks in a Minutes — July 17, 2018 newspaper of general circulation in the city. All publication costs are paid by the franchisee. This is the first reading. A franchise fee of seven percent (7%) of gross receipts will be paid to the City. Approval of resolution. Councilmember Jordan moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO DSC CARTING, LLC. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 18-038 PUBLIC HEARING Receive comments related to finding and ratifying the determination of the Director of Health that a public nuisance exists on the properties at 1544 Hazel, 642 Washington Blvd. and 7895 San Diego, due to the accumulation of excessive litter allowing for conditions conducive to breeding of mosquitoes and harborage of rats and order the property owners to clean the said properties within ten (10) days. If the property owners fail to comply within ten (10) days, staff is requesting City Council authorization to clean these properties and/or authorizing the City Attorney to seek legal action to have the nuisances abated Open: 2:45 p.m. Sarah Eastwood 7895 San Diego St. Beaumont TX Spoke to Council regarding the property located at 7895 San Diego, stated that she has had health issues and then the flood occurred, asked that she be given more time to get the issues corrected, stated that she has someone helping clear the property now, but is having a problem finding someone to cut her grass Alfred Arredondo 1544 Hazel St. Beaumont TX Spoke to Council regarding the property located at 1544 Hazel St., stated that his wife passed away several years ago, then the flood, he had a family member that needed help getting their home back online so he helped them, showed Council a permit that he secured with the City and has a contractor who is ready to start work on the home, informed Council that the wood stacked at the home is to redo the front porch area, asked that he have more time and promised that he would take action immediately Close: 3:03 p.m. Minutes — July 17, 2018 5. Consider an ordinance finding and ratifying the determination of the Director of Health that a public nuisance exists on the properties at 1544 Hazel, 642 Washington Blvd. and 7895 San Diego, due to the accumulation of excessive litter allowing for conditions conducive to breeding of mosquitoes and harborage of rats and order the property owners to clean the said properties within ten (10) days. If the property owners fail to comply within ten (10) days, staff is requesting City Council authorization to clean these properties and/or authorizing the City Attorney to seek legal action to have the nuisances abated. According to Beaumont's Code of Ordinances, Chapter 10 Health and Sanitation, Sec 10.01.001, a nuisance is defined as whatever is dangerous to human life or welfare or whatever renders the ground, the water, the air or food a hazard or injury to human health is hereby declared to be a nuisance. The City's Code of Ordinances further states in Chapter 12 Section 12.07.003 that a person who owns or occupies property commits and offense if that person allows litter on that person's property. After many attempts by the City's Code Enforcement Division and the Public Health Department, the owners were notified in January, 2018 that their properties had been declared public health nuisances by the Public Health Director and were given ten (10) days to abate. The owners have failed to comply. Funds will come from the General Fund — Public Health Fund. Approval of the resolution. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC HEATH NUISANCES AND ORDERING ABATEMENT; AUTHORIZING CLEANUP, AUTHORIZING SUIT, PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 18-039 WORK SESSION Review and discuss the City's Adopt -A -Street Program Bart Bartkowiak, Technology Services Director reviewed and discussed the City's Adopt -A - Street Program. A handout was given to Council which was the Participation Agreement that citizens would fill out to enter into for the Adopt -A -Street Program to remove litter from the street and its right-of-way property and to remove all unnecessary or obsolete posters/signs attached to utility poles or placed in rights of way. Minutes — July 17, 2018 In the agreement it is stated that there would be a minimum of two (2) clean ups per year. Once the clean-up is completed the Solid Waste Division would be notified within 48 hours so that all filled or partially filled trash bags may be picked up and disposed of by the City. All trash bags would need to be placed under one of the signs designating the participation in the Adopt -A -Street program. There were other areas of the agreement that were discussed as well as questions by Council. Review and discuss adding "Gethrel Williams -Wright" to the top of the street sign of Fortune Lane Kyle Hayes, City Manager reviewed and discussed adding "Gethrel Williams -Wright" to the top of the street sign on Fortune Lane. The Manager stated that Mayor, Pro Tem Robin Mouton brought this forward and requested that this be done. Mayor Pro Tem Mouton stated that she thought it would be appropriate for this to be done as Gethrel Wright was a Pioneering Woman in Beaumont and she will forever be remembered as such. It was also stated that her name will go above the name of the street sign and residents on that street will not have to change their address COMMENTS Public Comments (Persons are limited to three minutes) Steve Moore 485 Giles Beaumont TX Spoke to Council regarding fireworks on the south side of town near Lamar University where he lives, stated that the fireworks situation is out of control, people in the neighborhood are shooting fireworks for Christmas Eve, New Year's Eve and 4th of July, stated that he can count on not getting any sleep, the shooting of the fireworks go on all night, there have been several fires from .the fireworks including two homes and a car, it's the same people every year, the police have been called out but the situation still continues Eric Bender 27701 H 10 E Beaumont TX Commented on General Business Items 2 and 3, felt that Council rushed through those items, also didn't understand why Councilmember Getz wasn't given some time to do some research regarding the purchase of the building at 550 Main St., in regards to item #3 Tyrrell Park Community Building, it would have been nice to know what Council was saying no to, commented on the Public Hearing regarding the nuisances on people's property, stated that sometimes there are mental disorders that may be associated with the property being the way that it is, it would be nice if the City could have something on the web site that would give citizens some information as to where a person could get some physical help and it would also be nice if the inspectors are equipped with that information as well, informed Council that he will be attending a conference in New Orleans on Community Development stated that he would like to have someone from this area attend Councilmembers/City Manager/City Attorney comments on various matters Minutes —July 17, 2018 COUNCILMEMBER COMMENTS COUNCILMEMBER JORDAN - REPORTED ON THE SUCCESS OF THE NEW NON-PROFIT BEAUMONT PETS ALIVE, STATED THEY WERE ABLE TO PLACE FOUR TO FIVE ANIMALS THAT -DID NOT NEED TO BE EUTHANIZED OR TRANSPORTED, COMMENTED ON THE ANIMAL CRUELTY CASE THAT TOOK PLACE IN THE CITY RECENTLY, IT IS THE MOST INCREDIBLE MIS- CHARACTER OF JUSTICE THAT SHE HAS EVER WITNESSED FOR SOMEONE TO BE ALRIGHT WITH ALLOWING AN ANIMAL TO CHAINED UP AND STARVED TO DEATH WITH NOTHING BUT STICKS IN THEIR STOMACH, THE GUILTY PARTY WAS ONLY GIVEN PROBATION FOR THIS OFFENCE, THIS IS BEYOND HER COMPREHENSION, STATED THAT IF ANYONE AGREES WITH HER TO CONTACT THE JUDGE INVOLVED OR CONTACT HER AND SHE WILL HELP IN WAY SHE CAN, THIS CANNOT BE ALLOWED TO GO ON ANY FURTHER WITH A PUNISHMENT AS LIGHT AS IT WAS COUNCILMEMBER GETZ - ANNOUNCED THE DOWLEN/WEST NEIGHBORHOOD ASSOCIATION MEETING ON TUESDAY, JULY 17, 2018, AT THE ROGERS PARK COMMUNITY CENTER, MENTIONED THAT SEVERAL PEOPLE VOICED THEIR CONCERNS ABOUT WANTING TO ATTEND A COUNCIL MEETING AND WISHED THEY WOULD HAVE ONE IN THE EVENING, STATED THAT THEY ONLY GET THREE MINUTES TO SPEAK AT THE COUNCIL MEETING BUT AT THE NEIGHBORHOOD ASSOCIATION MEETINGS THEY CAN SPEAK AS LONG AS THEY WOULD LIKE AND VOICE THEIR CONCERNS ABOUT ANY AND ALL ISSUES THEY HAVE, ENCOURAGED CITIZENS TO ATTEND THEIR NEIGHBORHOOD ASSOCIATION MEETINGS, MADE COMMENTS REGARDING THE FIREWORKS IN HIS NEIGHBORHOOD, STATED THAT IF THE CITY HAS AN ORDINANCE IT NEEDS TO BE ENFORCED AND IF NOT THEN DON'T HAVE ONE COUNCILMEMBER SAM - COMMENTED ON TRASH IN THE CITY, STATED IN THE LAST TEN YEARS THAT HE HAS BEEN RETIRED HE HAS WITNESSED A MAJOR CHANGE IN THE TRASH PICKUP IN THE CITY, THANKED STAFF FOR ALL THAT THEY DO TO TRY AND KEEP THE CITY CLEAN, THEY ARE DOING A GREAT JOB, ALSO MADE COMMENTS REGARDING AN INCIDENT/MURDER IN HIS NEIGHBORHOOD THAT TOOK PLACE, STATED THAT THE OFFICERS HANDLED THE SITUATION VERY WELL, THE OFFICERS DID AN EXCELLENT JOB GETTING NEIGHBORS TO THEIR HOMES AS NOT TO INTERFERE WITH THE CRIME SCENE, THE OFFICERS WERE VERY KIND TO THE FAMILY MEMBERS OF THE DECEASED COUNCILMEMBER PATE - GAVE CONDOLENCES TO THE FAMILY OF KEN RUDDY, WISHED GETHREL WILLIAMS-WRIGHT A HAPPY BIRTHDAY AND LOOKING FORWARD TO SEEING HER NAME ON THE STREET SIGN, IT WILL BE WORTH A FORTUNE Minutes — July 17, 2018 COUNCILMEMBER SAMUEL - STATED THAT HE TOO IS A PET LOVER AND BELIEVES IN RESPECT FOR ALL LIVING THINGS, BUT WHEN SOMEONE STARTS TO QUESTION THE PROCESS WITHOUT KNOWING ALL THE FACTS IT BECOMES A PROBLEM, STATED THAT HE WATCHED THE TRIAL, THE SAD THING TO HIM WAS, WHERE WERE THOSE SAME INDIVIDUALS WHEN A YOUNG LADY WAS SHOT AND KILLED AND THEY DISMISSED THE CASE, YOU CONSIDER THAT JUSTICE, THAT HAPPENED RIGHT HERE IN JEFFERSON COUNTY MAYOR PRO TEM MOUTON - GAVE CONDOLENCES TO THE KEN RUDDY, WILLARD GUILLORY AND CAROLYN MOORE FAMILIES, THANKED THE BEAUMONT FIRE DEPARTMENT FOR COMING OUT AND SUPPORTING THE SLAUGHTER FAMILY WHO LOST THEIR THREE YEAR OLD SON ON THE 4TH OF JULY IN A CAR ACCIDENT, HE WOULD HAVE TURNED FOUR ON THE DAY OF HIS FUNERAL, HE WAS, A LOVER OF FIRE TRUCKS SO THE FIRE DEPARTMENT DECIDED TO HONOR HIM WITH A FIRE TRUCK AT THE FUNERAL, ALSO GAVE CONDOLENCES TO THE FAMILY OF OLLIE MAE GRAVES WHO IS THE GREAT AUNT OF GETHREL WILLIAMS- WRIGHT, ANNOUNCED THIS THURSDAY, FROM 4:00 P.M. TO 10:00 P.M. AT THE GATEWAY LOCATION, JASON'S DELI WILL BE DONATING ALL PROCEEDS TO THE SLAUGHTER FAMILY, ENCOURAGED EVERYONE TO VISIT JASON'S DELI TO SUPPORT THE FAMILY, COMMENTED ON THE 4TH OF JULY CELEBRATION, EVERYONE ENJOYED IT AND WOULD LIKE IT TO STAY AT THE EVENT CENTRE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - MADE COMMENTS REGARDING THE 4TH OF JULY CELEBRATION AND HOW WELL IT WAS ATTENDED, THANKED STAFF ON THE GREAT JOB THEY DID, ALSO MADE COMMENTS ABOUT THE 180TH BIRTHDAY OF THE CITY, THERE WILL BE MORE INFORMATION TO COME IN THE NEAR FUTURE, THE CELEBRATION WILL TAKE PLACE SOMETIME IN DECEMBER, MENTIONED THAT THERE WERE STUDENTS FROM THE UNIVERSITY OF HOUSTON THAT TOURED THE EMERGENCY MANAGEMENT OPERATIONS CENTER, THEY WERE VERY IMPRESSED AFTER THE TOUR AND A POWER POINT PRESENTATION, GAVE CONDOLENCES TO THE FAMILY OF KEN RUDDY, ALSO MADE COMMENTS ON THE FUNERAL OF NANCY EVANS Council recessed into Executive Session at 3.47 p.m. Minutes — July 17, 2018 EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Trudi Martin vs. City of Beaumont Public Health Emergency Medical Services and the City of Beaumont; Cause No. D-199,564 Corey Lane, Individually and as Next Friend of Corey Lane, Jr. vs. City of Beaumont; Cause No. B-201,777 Joseph Fazio v. City of Beaumont; Cause No. 129808 CJ Express, et al vs. Barton Construction, et al; Cause No. 122,848 Claim of Carla Tyler City of Beaumont vs. APAC-Texas, Inc.; Cause No. A-201103 In Re: OldCastle Materials Texas, Inc. D/B/A Gulf Coast; Cause No. E-200934 Council did not reconvene after Executive Session, no action was taken on Item #6 GENERAL BUSINESS 6. Consider a resolution approving the settlement of pending litigation between the City of Beaumont and APAC-Texas, Inc. and Oldcastle Materials Texas, Inc. (Cause Nos. A-201103 and E-200934). City of Beaumont originally brought suit against APAC-Texas, Inc., alleging that APAC had provided sub -standard asphalt on various City projects. Oldcastle Materials Texas, Inc. subsequently filed suit against, among others, City of Beaumont and Dr. Joe Majdalani, as Director of Public Works, seeking, among other things, declaratory and injunctive relief. An agreement has been reached to resolve all disputes between APAC/Oldcastle and the City and its representatives in these cases. Under the agreement, APAC would extend the City the sum of $125,000 in credits for future work APAC may perform for the City, and these lawsuits will be mutually dismissed between the City and the APAC entities. Minutes — July 17, 2018