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HomeMy WebLinkAbout01/14/2020 PACKETBEAUMONT REGULAR MEETING OF THE CITY COUNCIL - COUNCIL CHAMBERS JANUARY 14, 2020 1:30 PM CONSENT AGENDA Approval of minutes — December 17, 2019 Confirmation of board and commission member appointments Dayna Simmons would be appointed to the Convention and Tourism Advisory Board. The term would commence January 14, 2020 and expire September 30, 2021. (Councilmember Randy. Feldschau) A) Approve the renewal of an annual maintenance agreement with CentralSquare related to software used by Police, Fire, and EMS B) Approve the purchase of upgraded firewall equipment for use city wide to improve cyber security C) Approve a payment to Jefferson County related to a maintenance agreement with Motorola to support the 800 MHz radio system D) Approve the purchase of Self Contained Breathing Apparatus and the purchase of an Air Pack testing machine for use by the Fire Department E) Approve a contract for interior repairs at a City building located at 5250 Washington Boulevard F) Approve a contract for interior repairs at Fire Station No. 5 G) Approve a contract for interior repairs at Fire Station No. 10 H) Authorize the City Manager to renew an annual service agreement for potable water with Lucite International, Inc. I) Authorize the acceptance of a 1410.93 square foot exclusive Drainage Easement located at 4305 Calder Avenue J) Authorize the settlement of the claim of Carlotta Nicklas K) Authorize the City Manager to designate Chris Boone, Director of Planning & Community Development, as the Certifying Officer of HUD Environmental Reviews L) Authorize the settlement of the lawsuit styled David Franklin and Joshua Fontenot v. Fernando Beltran and City of Beaumont; Cause No. B-201,696 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Appointment Dayna Simmons Commission Convention and Tourism Advisory Board Beginning of Term 01/14/2020 Expiration of Term 09/30/2021 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 14th day of January, 2020. - Mayor Becky Ames - 0 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: January 14, 2020 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual maintenance agreement with CentralSquare related to software used by Police, Fire, and EMS. BACKGROUND CentralSquare software is used by Police, Fire, and EMS for dispatching of emergency personnel, records management for Police, miscellaneous reporting, case management, and numerous other essential functions for Public Safety. This purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to modify and maintain the software. The software maintenance agreement provides twenty-four/seven unlimited telephone support for 911 dispatching; Monday = Friday, 8 — 5 support for mobile computers, electronic field reporting, and all records management applications, and provides annual software upgrades. This agreement is for an annual period beginning January 2020 in the amount of $299,128.66. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. 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 pay an invoice in the amount of $299,128.66 to CentralSquare for the renewal of an annual maintenance agreement for Police, Fire and EMS public safety software support beginning January, 2020. 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 14th day of January, 2020. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: January 14, 2020 REQUESTED ACTION: Council consider a resolution approving the purchase of upgraded firewall equipment for use city wide to improve cyber security. BACKGROUND A cyberattack is defined as an attempt by hackers to damage or take control of a computer network. The past two years have seen an increase in cyberattacks on state municipalities resulting in the loss of thousands of dollars and work productivity. There are different types of cyberattacks and different ways to execute their code. The two most common cyberattacks are Phishing and Ransomware. Phishing is the attempt by hackers to obtain usernames, passwords, credit card numbers, or other sensitive information by disguising him/herself as a trustworthy entity via email or other electronic communication. Ransomware is malicious software code designed to block access to a user's computer either by locking the system or encrypting their files. The hacker then demands a ransom or fee from the victim to obtain a decryption key to restore access to their files. Information Technology has performed a security assessment for the city and has determined that our current firewall and security appliances need to be upgraded to improve our protection from these new threats. Our current Fortigate firewall will be end of life by next fiscal year. By upgrading early we will be able to add the Sandbox functionality which will protect us against ransomware threats specifically. The replacement cost for our current firewall with a FortiGate 1101E firewall is $67,479 and handles the following security functions: • Firewall — Blocks unauthorized access from the public Internet to the internal city network. • Antivirus - Detects and removes computer viruses or malware from incoming public Internet traffic to the city internal network. Web or file downloads. • Intrusion detection/prevention — Scans incoming public Internet traffic and compares its contents to a database of known cyberattack signatures. If a match is made, the traffic is not allowed through to the city internal network. The Fortinet 1000F Sandbox is a security appliance that works in tandem with the firewall. If a city user inadvertently clicks on a suspicious web link or attachment in an email, the firewall will detect and pass the suspicious file or web link to the Sandbox appliance to be executed in an isolated virtual "test" environment to see if there is malicious code behavior. If malicious code is found, the Sandbox appliance will not allow the program to send information back to hacker and will also prevent the spread of the malicious code. The Sandbox appliance is effective in preventing the execution of Ransomware and Phishing code. The Sandbox will cost an additional $32,509. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of upgraded FortiGate 1101E Firewall equipment and Fortinet 1000F Sandbox equipment for use by all City departments from CDW-G, of Chicago, Illinois, in the amount of $99,988.00 through the State of Texas Department of Information (DIR) contract. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of January, 2020. - Mayor Becky Ames - C BEAUMONT TEXAS. TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works and Technology Services MEETING DATE: January 14, 2020 REQUESTED ACTION: Council consider a resolution approving a payment to Jefferson County for the maintenance agreement with Motorola to support the 800 MHz radio system. BACKGROUND The 800 MHz radio system is used by EMS, Fire, Police and numerous other departments throughout the City for daily communications. The agreement is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to maintain the radio infrastructure. The maintenance agreement provides for constant monitoring of the radio system and 911 dispatch centers as well as dispatching of repair personnel with replacement parts when required. The 800 MHz radio system is shared with Jefferson County, Hardin County, Orange County, the City of Orange, the cities of Groves, Nederland, Port Arthur and Port Neches, the Port of Beaumont, City of Vidor, BISD, Water District No. 10, ESD3, ESD4, Acadian and Lamar University's Police Department. The cost of the maintenance contract is in the amount of $1,023,225.40 and is allocated among all agencies by the number of radios each agency has on the system. This maintenance contract will cover from September 1, 2019 to August 30, 2020. Jefferson County will pay the entirety of the Motorola.maintenance contract and will be reimbursed by grant funding and the other agencies share of the match. City of Beaumont's portion is $155,956.38. FUNDING SOURCE Capital Reserve, General, Confiscated Goods, Water, Solid Waste and Fleet Funds. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve a payment in the amount of $155,956.38 to Jefferson County, Texas for the City's portion of an annual maintenance agreement for support of the shared 800 MHz radio system. The maintenance contract is effective September 1, 2019 and will terminate April 30, 2020. 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 14th day of January, 2020. - Mayor Becky Ames - 7 BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 14, 2020 REQUESTED ACTION: Council consider a resolution approving the purchase of Self Contained Breathing Apparatus (SCBA) and the purchase of an Air Pack testing machine (Posichek Machine) for use by the Fire Department. BACKGROUND The SCBA and Posichek Machine will be purchased from Municipal Emergency Services, Inc., of Houston, in the amount of $127,685.34. The Fire Department has determined that twelve (12) complete SCBA units, twenty-five (25) 45 -minute cylinders and forty-eight (48) face masks require replacement this year. The Posichek Machine is needed to meet state law which mandates that the Fire Department perform at least one flow test annually on each air pack and after every repair. The current Posichek Machine has reached the end of its current life span. The Fire Department must periodically replace old and/or defective SCBA units and related equipment. The units provide breathing air to firefighters while engaged in firefighting activities. Pricing for the equipment was obtained through the Houston -Galveston Area Council (H -GAC) purchasing cooperative, which provides cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H -GAC complies with State of Texas procurement statues. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. ES MUNICIPAL EMERGENCY SERVICES M ES -Texas 600 Century Plaza Dr. Suite C-160 Houston, TX 77073 Bill To BEAUMONT, CITY OF ACCOUNTS PAYABLE P.O. BOX 3827 BEAUMONT TX 77704 United States Quote Date Quote # Expires Sales Rep PO # Shipping Method Ship To 11/06/2019 OT1311023 12/06/2019 Dean, Kevin L FedEx Ground Chief Bourgeois BEAUMONT FIRE DEPARTMENT 400 WALNUT STREET BEAUMONT TX 77701 United States Subtotal 127,685.34 Shipping Cost (FedEx Ground) 0.00 Total $127,685.34 HGAC EE08-19 This Quotation is subject to any applicable sales tax and shipping & handling charges that may apply. Tax and shipping charges are considered estimated and will be recalculated at the time of shipment to ensure they take into account the most current local tax information. All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice. II I II III II I IIIIII II I I VIII II III QT1311023 .go X8814025305304 Air -Pak X3 Pro SCBA (2018 Edition) with CGA 12 6,031.89 72,382.68 Cylinder Connection, 4.5, Standard Harness with Parachute Buckles, Standard Belt with No Escape Rope, E -Z Flo Regulator with Quick Connect Hose (Rectus fittings), Universal EBSS Accessory Hose, No Airline Connection, No Spare Harness Kit, Pak -Tracker, No Case, Packaged 2 SCBA Per Box (Black) 804722-01 CYL&VLV ASSY,CARB,45MIN,4500 25 1,057.45 26,436.25 201215-02 AV -3000 HT (M), KVLR 48 261.81 12,566.88 201336-01 KIT. SCOTT POSI3 USB 5500 ASSY 1 11,865.65 11,865.65 805381-05 EQ,53_U$3_Inte.da(,®_Sit 1 4,186.82 4,186.82 804335-17 LLQSE & SfJ9 A $ a Y 1 188.24 188.24 201146-02 1 58.82 58.82 Subtotal 127,685.34 Shipping Cost (FedEx Ground) 0.00 Total $127,685.34 HGAC EE08-19 This Quotation is subject to any applicable sales tax and shipping & handling charges that may apply. Tax and shipping charges are considered estimated and will be recalculated at the time of shipment to ensure they take into account the most current local tax information. All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice. II I II III II I IIIIII II I I VIII II III QT1311023 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of twelve (12) complete Self - Contained Breathing Apparatus (SCBA) units, twenty-five (25) Cylinders, forty-eight (48) Face Masks, and one (1) Posicheck Air Pack Testing Machine for use by the Fire Department from Municipal Emergency Services, Inc., of Houston, Texas, in the amount of $127,685.34 through the Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program. 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 14th day of January, 2020. - Mayor Becky Ames - E BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 14, 2020 REQUESTED ACTION: Council consider a resolution approving a contract for interior repairs for a City building located at 5250 Washington Boulevard. BACKGROUND Due to flood damage caused by Tropical Storm Imelda, the interior of the building located at 5250 Washington Blvd must be repaired. Bids were requested from twelve (12) vendors and five responses were received. The low qualified bid to complete the project with a cost of $86,500 was received from McInnis Construction, Inc. of Silsbee. An alternate bid of $5,000 was received for additional non storm related repairs. The contractor will complete the project within ninety (90) calendar days. Bid tabulation is attached. FUNDING SOURCE Capital Reserve Fund if no declaration for public assistance from FEMA is declared for Imelda. RECOMMENDATION Approval of the resolution. CITY OF BEAUMONT - PURCHASING DIVISION Terry Welch — Senior Buyer BEAUM©NT 409-880-3107 TEXAS- tem. elchrabeaumontI x s.a BID TABULATION: Contract to Repair the Interior of THE Beaumont Police SSD Building Located at 5250 Washington Blvd, Beaumont, Tx BID No. TF1220-13 OPENING DATE: Thursday, December 19, 2019 Vendor McInnis Construction Inc SETEX Construction Corp. Construction Managers Jackbuilt Contractors, Total Bid Price Base Bid for Scope as Specified $139,121.00 of Southeast Texas, LLC LLC City / State Silsbee, Tx Beaumont, Tx Port Arthur, Tx Orange, Tx Description Total Bid Price Total Bid Price Total Bid Price Total Bid Price Base Bid for Scope as Specified $86,500.00 $95,300.00 $99,500.00 $133,700.00 (Per Dwgs & Specifications Completion time for Base Bid: 90 Calendar Days 50 Calendar Days 50 Calendar Days 75 Calendar Days Alternate # 1 -Labor and Material to Remove and Replace approx. 40 Lineal Feat of 3 5/8" $5,000.00 $450.00 $1,000.00 $2,200.00 wide 20-Guage Metal Stud Track as Noted on the Drawings. Competion Time for Alternate #1 0 Calendar Days Calendar Days 5 Calender Days 75 Calendar Days Vendor Basco Construction, Inc City / State Nederland, Tx Description Total Bid Price Base Bid for Scope as Specified $139,121.00 (Per Dwgs & Specifications Completion time for Base Bid: 90 Calendar Days Alternate # 1 -Labor and Material to Remove and Replace approx. 40 Lineal Feat of 3 5/8" $3,000.00 wide 20-Guage Metal Stud Track as Noted on the Drawings. Calendar Days to complete:1 7 Calendar Days Low qualified bidder as HI lighted is McInnis Construction, Inc. RESOLUTION NO. WHEREAS, bids were solicited for Tropical Storm Imelda related repairs to the interior of the City building located at 5250 Washington Boulevard; and, WHEREAS, McInnis Construction, Inc., of Silsbee, Texas, submitted a bid in the amount of $86,500 with an alternate bid in the amount of $5,000.00 for additional non - storm related repairs; and, WHEREAS, City Council is of the opinion that the bid submitted by McInnis Construction, Inc., of Silsbee, Texas, is the lowest responsible bidder providing 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 bid submitted by McInnis Construction, Inc., of Silsbee, Texas, in the amount of $86,500.00 for Tropical Storm Imelda interior repairs and in the amount of $5,000.00 for additional non -storm related repairs at the City building located at 5250 Washington Boulevard be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager is authorized to execute a contract with McInnis Construction, Inc., of Silsbee, Texas, in the total amount of $91,500.00 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 14th day of January, 2020. - Mayor Becky Ames - J F BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 14, 2020 REQUESTED ACTION: Council consider a resolution approving a contract for interior repairs at Fire Station No. 5. BACKGROUND Due to flood damage caused by Tropical Storm Imelda, the interior of Fire Station No. 5 at 6375 Walden Rd must be repaired. Bids were solicited from twelve (12) vendors and four responses were received. The low qualified bid to complete the project with a cost of $64,900 was received from Jackbuilt Contractors of Orange. The contractor will complete the project in seventy-five (75) calendar days. Bid tabulation is attached. FUNDING SOURCE Capital Reserve Fund if no declaration for public assistance from FEMA is declared for Imelda. RECOMMENDATION Approval of the resolution. CITY OF BEAUMONT - PURCHASING DIVISION B EAUM®Idi Patrick Bardwell - Purchasing Manager 409-880-3175 TEXAS Patrick.ba1d—110beaumontteuasom BID TABULATION: Contract to Repair the Interior of Fire Station #5 Located at 6375 Walden Road, Beaumont, Tx BID No. TF1 120-14 OPENING DATE: Thursday, December 19, 2019 Vendor Jack Built Contractors, LLC Marsh Waterproofing, Inc. Construction Managers McInnis Construction of Southeast Texas, LLC Inc City J State Orange, Tx Vidor, Tx Port Arthur, Tx Silsbee, Tx Description Total Bid Price Total Bid Price Total Bid Price Total Bid Price Total for Repairs to Fire Station #5, 6375 Walden Road. Per $64,900.00 $85,000.00 $90,000.00 $92,500.00 DWGS & Specifications Calendar Days to complete: 75 days 45 days 90 days 45 days Low qualified bidder ashl lighted is Jackbu IIt contractors, LLC RESOLUTION NO. WHEREAS, bids were solicited for Tropical Storm Imelda related repairs to the interior of Fire Station No. 5 located at 6375 Walden Road; and, WHEREAS, Jackbuilt Contractors, LLC, of Orange, Texas, submitted a bid in the amount of $64,900.00; and, WHEREAS, City Council is of the opinion that the bid submitted by Jackbuilt Contractors, LLC, of Orange, Texas, is the lowest responsible bidder providing 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 bid submitted by Jackbuilt Contractors, LLC, of Orange, Texas, in the amount of $64,900.00 for Tropical Storm Imelda related repairs to the interior of Fire Station No. 5 located at 6375 Walden Road be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager is authorized to execute a contract with Jackbuilt Contractors, LLC, of Orange, Texas, in the amount of $64,900.00 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 14th day of January, 2020. - Mayor Becky Ames - G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 14, 2020 REQUESTED ACTION: Council consider. a resolution approving a contract for interior repairs at Fire Station No. 10. BACKGROUND Due to flood damage caused by Tropical Storm Imelda, the interior of Fire Station No. 10 at 3855 Washington. Blvd must be repaired. Bids were solicited from twelve (12) vendors and five responses were received. The low qualified bid to complete the project with a cost of $64,800 was received from Jackbuilt Contractors of Orange. The contractor will complete the project within seventy-five (75) calendar days. Bid tabulation is attached. FUNDING SOURCE Capital Reserve Fund if no declaration for public assistance from FEMA is declared for Imelda. RECOMMENDATION Approval of the resolution. CITY OF BEAUMONT - PURCHASING DIVISION Patrick Bardwell - Purchasing Manager BEAUM©N 1T 409-880-3175 TEXAS Pat6ck.b.,dwe11(ab.eu..ntte..s.aw BID TABULATION: Contract to Repair the Interior of Fire Station #10 Located at 3855 Washington Blvd, Beaumont, Tx BID No. TF1 120-10 OPENING DATE: Thursday, December 19, 2019 Vendor Jack Built Contractors, LLC McInnis Construction In Construction Managers Marsh Waterproofing, Total Bid Price Total for Repairs to Fire Station of Southeast Texas, LLC Inc. City / State Orange, Tx Silsbee, Tx Port Arthur, Tx Vidor, Tx Description Total Bid Price Total Bid Price Total Bid Price Total Bid Price Total for Repairs to Fire Station #10, 3855 Washington Blvd. Per $64,800.00 871,500.00 $79,500.00 $85,000.00 DWGS & Speciflcatlons Calendar Days to complete: 75 days 90 days 50 days 45 days Vendor Basco Construction, Inc City / State Nederland, Tx Description Total Bid Price Total for Repairs to Fire Station #10, 3855 Washington Blvd. Per $90,459.00 DWGS & Specifications Calendar Days to complete: 170 days The low qualified bidder ashi lighted Is Jack Built Contractors, LLC RESOLUTION NO. WHEREAS, bids were solicited for Tropical Storm Imelda related repairs to the interior of Fire Station No. 10 located at 3855 Washington Boulevard; and, WHEREAS, Jackbuilt Contractors, LLC, of Orange, Texas, submitted a bid in the amount of $64,800.00; and, WHEREAS, City Council is of the opinion that the bid submitted by Jackbuilt Contractors, LLC, of Orange, Texas, is the lowest responsible bidder providing 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 bid submitted by Jackbuilt Contractors, LLC, of Orange, Texas, in the amount of $64,800.00 for Tropical Storm Imelda related repairs to the interior of Fire Station No. 10 located at 3855 Washington Boulevard be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager is authorized to execute a contract with Jackbuilt Contractors, LLC, of Orange, Texas, in the amount of $64,800.00 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 14th day of January, 2020. - Mayor Becky Ames - F09 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: January 14, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to renew the annual service agreement for potable water with Lucite International, Inc. BACKGROUND Lucite International, Inc., (formally DuPont), uses a maximum of 21,000 gallons per hour, on a daily average or 504,000 gallons per day. The service agreement will allow the City to provide potable drinking water services, and grants the City the ability to change rates if the demand of Lucite International, Inc., should ever vary. The service agreement will include renewal on an annual basis and label the user, Lucite International, Inc., as a customer of the City of Beaumont. The agreement shall expire on January 31" of every year. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. 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 Service Agreement between the City of Beaumont and Lucite International, Inc. for potable drinking water services. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. 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 14th day of January, 2020. - Mayor Becky Ames - BEAUM®NT TEXAS City of Beaumont SERVICE AGREEMENT CONTRACT STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § CONTRACT BETWEEN City of Beaumont • Lucite WHEREAS, Lucite (formerly DuPont) doing business in the State of Texas (herein "Customer"), and the City of Beaumont, a municipal corporation of the State of Texas (herein "City") entered into a Contract on August 19, 2008, for City to provide potable drinking water services to Lucite; WHEREAS, the City and Customer desire to adopt a Service Agreement for the provision of potable drinking water services to Lucite and agree as follows: I Customer agrees to maintain, free of charge to the City, the water lines within its property. H The City shall have the right to enter on the property or premises with 24 hour prior notice for any purposes reasonably incidental to or necessitated by the terms and provisions of this Contract. The City will abide by all Customer site safety rules and other site access rules while on Customer property. III Customer agrees to install and maintain a UL approved RPZ (reduced pressure zone) backflow prevention device at the point of service (the meter). The City will give a variance of several feet so that the RPZ can be placed inside the fence for protection. The RPZ must be installed according to the Page 1 of 7 requirements in City Ordinance 01-032, Section 28-57.12. The assembly must be tested upon installation and semi-annually by a certified tester. IV Customer agrees to install and maintain all appropriate required backflow and backsiphonage prevention assembly devices deemed necessary by the Texas Commission on Environmental Quality regulations to protect the internal customers. The internal protection of the drinking water supplied to Customer's employees and/or customers is the responsibility of Customer. The City will provide guidance on proper cross connection prevention. u Customer agrees to comply with applicable City Code of Ordinances including the following restrictions and unacceptable practices prohibited by State regulations: 1. No direct connection between the public drinking water supply and a potential source of contamination is permitted. Potential sources of contamination shall be isolated from the public drinking water supply by an air -gap or a reduced pressure -zone backflow prevention device. 2. No cross -connection between the public drinking water supply and a private water system is permitted. These potential threats to the public drinking water supply shall be eliminated at the service connection by the installation of an air -gap or an approved backflow prevention device. 3. No connection which allows water to be returned to the public drinking water supply is permitted. 4. No pipe or pipe fitting which contains more than 0.25% lead may be used for the installation or repair of plumbing at any connection which provides water for human use. 5. No solder or flux which contains more than 0.2% lead shall be used for installation or repair of any water supply which provides water for human use. Page 2 of 7 ►%I The Water Utilities Department will maintain a copy of this agreement as long as the Customer and/or the premises are connected to the Water Utilities Department. Additional requirements are listed below: I . Customer shall have his property inspected for possible cross -connections and other potential contamination hazards. These inspections shall be conducted by a qualified inspector acceptable to the Water Utilities Department annually, or when there is reason to believe the cross -connection or other potential contamination hazards exist due to changes to the private water distribution facilities. 2. Customer shall notify the Water Utilities Department in writing of any cross -connection or other potential contamination hazard which has been identified during the initial inspection or the annual reinspection. 3. Customer shall immediately remove or adequately isolate any potential cross -connections or other potential contamination hazards on his premises. 4. Customer shall, at their expense, properly install, test annually, and maintain any backflow prevention device required by the Water Utilities Department. Copies of all testing and maintenance records shall be provided to the Water Utilities Department by July 30 of each year or date of annual testing schedule. VII If the Customer is identified as a Public Water Supply System by the State, then all testing and reporting requirements to the State as a Public Water Supply System will be the responsibility of the Customer. In the event of a change in treatment or distribution such as utilizing treated water other than Page 3 of 7 the City supply, Customer agrees to promptly report to the City. This is to include any violations of chlorine and/or coliform monitoring. VIII The Customer is authorized to use a maximum. of 21,000 gallons per hour on a daily average or 504,000 gallons per day. The rates applied by the City can be negotiated if the demand of the Customer changes. IX Customer agrees to pay to the City all charges for water service within thirty (30) days from date of the statement from the City. In the event of failure of Customer to so pay said charges, City shall have the right, upon thirty (30) days' written notice to Customer, to refuse to provide potable water service to Customer. M Customer will pay the same rate for water services as established from time -to -time by the City Council for outside the City of Beaumont. In the event said rates are altered or amended by City Ordinance, Customer agrees to pay said amended rates. Xl Customer agrees to: 1. Adopt a resolution or take some other official action agreeing to the terms and conditions of this agreement; 2. Adopt a resolution or take some other official action ratifying, affirming and accepting the benefits and agreeing to the terms, conditions and requirements of this agreement; and 3. Enter into such other or additional contracts or agreements as may be reasonably required to carry out the purpose and intent of this agreement. Page 4of7 XH This Contract shall expire on Januar► 3111 of every year or if either party gives 30 days written notice of intent to terminate this agreement. MM Customer may, from time to time, conveyor assign this Service Agreement with respect to all or any part of the land contained within Customer's boundaries, and the assignee or assignees shall be bound by this agreement. Upon prior approval by the City Council, of the assignee or assignees, and only upon the condition that the assignee or assignees assume the liabilities, responsibilities and obligations under this Service Agreement with respect to the land involved in the assignment or assignments, or as may be otherwise approved by the City Council. In connection with this agreement, official addresses for notification shall be: A. City of Beaumont Water Utilities Department 1350 Langham Road Beaumont, Texas 77707 B. Lucite International, Inc. Attn. Randy Wooline 6350 North Twin City Hwy. Nederland, TX 77627 C. Lucite International, Inc. Procurement P4' ' &0-10 ?aP�-iL PWe, C (AFmPamS, ".2 38119 Any changes in said addresses may be made by notifying the other parties by certified mail of the new or changed address. Page 5 of 7 XIV This Service Agreement represents the entire and integrated Contract between the City of Beaumont Water Utilities Department and Lucite and supersedes all prior negotiation, representatives, or agreements, either oral or written. This Contract may be amended only by written instrument signed by both the City of Beaumont's City Manager and Lucite. Page 6 of 7 IN WITNESS WHEREOF, the City of Beaumont Water Utilities Department has lawfully caused these presents to be executed by the hand of the City Manager of said City, .and the municipal corporate seal of said City to be hereunto affixed, and the said Customer, acting by hand of the President and/or Manager whereunto Authorized Representative, does now sign, execute and deliver this document. Executed in duplicate originals at Beaumont, Texas, on this CUSTOMER By. (PRRM orized rts.-presentative Date day of A.D., 2020. CITY OF BEAUMONTICITY MANAGER By' Kyle Hayes, City Manager � t By: _ Signature of Authorized R resent tive Date &t 4 Attest: �� `,,tat: Date Page 7 of 7 Date "am BEAUMONT . TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Public Works Director MEETING DATE: January 14, 2020 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a 1410.93 square foot exclusive Drainage Easement. BACKGROUND Charles and Darlene Hanna have agreed to convey a 1410.93 square foot exclusive Drainage Easement to the City of Beaumont. The easement is described as being a 1410 square feet tract of land being 10 feet wide out of and part of Lot 36, Block 1, situated in the Broadway Place Addition, Jefferson County, Texas. The purpose of the drainage easement is to improve the drainage at 4305 Calder Avenue. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Charles and Darlene Hanna have agreed to convey one (1) 1410.93 square foot exclusive drainage easement, said easement being a 1410 square foot tract of land being 10 feet (10') wide out of and part of Lot 36, Block 1, situated in the Broadway Place Addition, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the City of Beaumont to improve drainage at 4305 Calder Avenue; 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 is in the best interest of the City of Beaumont 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 one (1) 1410.93 square foot exclusive drainage easement conveyed by Charles and Darlene Hanna, being a 1410 square foot tract of land being 10 feet (10') wide out of and part of Lot 36, Block 1, situated in the Broadway Place Addition, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. 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 14th day of January, 2020. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X DRAINAGE EASEMENT THAT, CHARLES AND DARLENE HANNA, of the County of Jefferson, State of Texas, hereinafter called "GRANTORS", for and in consideration of the sum of ONE AND N011 00 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson_ County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, Drainage Easements and the right to construct, alter, and maintain drainage improvements and appurtenances on the hereinafter described lands which said easements are under, over, in and across that certain tracts or parcels of land owned by GRANTORS situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A" attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and removing drainage structures, canals, ditches and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. EXHIBIT "1" GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. GRANTEE shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of GRANTORS: By: Printed Name: Charles Hanna By: Printed Name: Darlene Hanna {INTENTIONALLY LEFT BLANK} 32020. ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the day of 12020, by Charles Hanna. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2020. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the day of by Darlene Hanna. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2020. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 2020, EXHIBIT "A" Legal Description: 1410.93 Square Feet Exclusive Drainage Easement Out of and Part of Lot 36, Block 1 Broadway Place Addition Volume 7, Page 172, Map Records Beaumont, Jefferson County, Texas BEING a 1410.93 square feet exclusive drainage easement being 10 feet wide being out of and part of Lot 36, Block 1 of Broadway Place Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 7, Page 172, Map Records, Jefferson County, Texas, and being out of and part of the said Lot 36, Block 1 of Broadway Place Addition as described in a "Warranty Deed with Vendor's Lien" from Johanna Maniscalco Allison, et al. to Charles Hanna and wife, Darlene Hanna as recorded in Clerk's File No. 96-9604668, Official Public Records of Real Property, Jefferson County, Texas, said 1410.93 square feet easement being more particularly described as follows: NOTE: All bearings are referenced to the South line of the said Lot 36 as NORTH 90°00'00" WEST as recorded on the final plat of the said Broadway Place Addition as recorded in Volume 7, Page 172, Map Records, Jefferson County, Texas. All set 5/8" iron rods set with caps stamped "M. W. Whiteley & Associates ". COMMENCING at a 5/8" iron rod found for the Southeast corner of the said Lot 36, the same being the Northeast corner of Lot 35, Block 1 of the said Broadway Place Addition and said corner being in the West right-of-way line of 29h Street (based on a width of 60 feet) and from said corner a 1/2" iron rod with a cap found for the Southwest corner of the said Lot 36 bears NORTH 90°00'00" WEST a distance of 139.47 feet; THENCE NORTH 00000'00" WEST, along and with the West right-of-way line of 29h Street and the East line of the said Lot 36, for a distance of 54.36 feet to a scribed "X" in concrete -set for the Southeast corner and the POINT OF BEGINNING of the easement herein described; THENCE NORTH 77003'00" WEST, over and across the said Lot 36 and 10 feet perpendicular and parallel to the Northerly line of the said Lot 36, for a distance of 141.21 feet to a 5/8" iron rod set for corner, said corner being in the West line of the said Lot 36 and in the East line of that certain called 3.923 acre tract of land as described in a "Warranty Deed" from Charles F.H. Colby and J.J. Hoard to Ralph Brookner as recorded in Volume 1841, Page 35, Deed Records, Jefferson County, Texas and said corner bears NORTH 01°14'09" EAST a distance of 86.02 feet from the above referenced 1/2" iron rod with a cap found for the Southwest corner of the said Lot 36; THENCE NORTH 01014'09" EAST, along and with the boundary between the said Lot 36 and the said 3.923 acre Brookner tract, for a distance of 10.21 feet to a 5/8" iron rod set for corner, said corner being the Northwest corner of the said Lot 36 and the Northeast corner of the said 3.923 acre Brookner tract and being in the Southerly right-of-way line of Calder Avenue; EXHIBIT "A" Page 1 of 2 MARK W. WHITELEY & ASSOCIATES, INC. THENCE SOUTH 77003'00" EAST, along and with the Southerly right-of-way line of Calder Avenue and the Northerly line of the said Lot 36, for a distance of 140.98 feet to a 5/8" iron rod set for corner, said corner being the Northeast corner of the said Lot 36 and the intersection of the Southerly right-of-way line of Calder Avenue and the West right-of-way line of 29th Street; THENCE SOUTH 00000'00" EAST, along and with the East line of the said Lot 36 and the West right-of-way line of 29th Street, for a distance of 10.26 feet to the POINT OF BEGINNING and containing 0.0324 Acres, more or less. Surveyed on December 18, 2019. This legal description is being submitted along with a plat based on this survey (see E T "B"). Thomas S. we, RPLS No. 5728 ... Ta®MAS S. R,OWE . Texas Surveying Firm No.: 10106700�P WA2019\19-1595\19-1595m&b.doex l•4a® SUFI\jtd® EXHIBIT "A" Page 2 of 2 MARK W. WHITELEY & ASSOM TES, INC SET. 578--raft D �''��� CALDER AV ENVE �___ FivDALL S77,03' 00. aft o��SETR'�409FC R�. oo =S`ENQ_`=Dq . 1 FT FND V77o 3 U'�afteft E��SeMe/o o ���� SET 5/8" w [._ROD N cd Cn � W W O C" O O o� z z �CCLn PO ¢z� NOO U O 0) M:;: M = 00 O 0 U O FND I. ROD• w/..CAP . LINE BEARING I DISTANCE L1 FND N01'14 -09"E 10.21- L2 FND S00'00'00"E 10.26' EXHIBIT "B" REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION 'yr0 N _ AR O to M CHARLES HANNA, et ux 6.0 CF NO. 96-9604668 OPRJC _• CV 53.0' FND N9b',00'00"W 139.47' 'S5 . (CALL N90'00'00- 139.29') REFERENCE 'BEARING : PER PLAT `G�9 I0MAS S. F v c'3S;a'O@ S U I1VE SET SCRIBED "X" IN CONC. tn 0 O 0 0 O O Z PCC E FND 5/8 I.•ROD ' TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I, THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. SURVEYED: DECEMBER 18, 2019 EXHIBIT OF 10 FEET WIDE EXCLUSIVE DRAINAGE EASEMENT OUT OF & PART OF LOT 36, BLOCK 1 BROADWAY PLACE ADDITION VOL. 7, PG. 172, M.R. BEAUMONT JEFFERSON COUNTY, TEXAS 8t DY:KX CK BY.TSR APP BY:TSR AF: AC,D 2019 1 SCALE SHEET No.: )ATE OEC. 19, 2010 1 "=20' 1 OF 1 9.\2019\19-1595\19-1595.DWG 19 -159 MARK W. WHITELEY AND ASSOCIATES INCORPORATED C ONSULTING ENGINEERS, ,AND PLANNERBP ...LS. FIRM NO. 10106700 TEXAS REO. ENO. FIRM NO. F-2633 a5m 3250 EASM FRWY. asmrd n ceAUMORr, roEAS"M -mi (FA19400-MI7/8 W ^ W �. 0co m H 0 (`tom ww 20 CD o F-- N 00 bb C3 CD, An JJ� 0' 10 20' 40 UI :� Scale: 1 "=20' TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I, THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. SURVEYED: DECEMBER 18, 2019 EXHIBIT OF 10 FEET WIDE EXCLUSIVE DRAINAGE EASEMENT OUT OF & PART OF LOT 36, BLOCK 1 BROADWAY PLACE ADDITION VOL. 7, PG. 172, M.R. BEAUMONT JEFFERSON COUNTY, TEXAS 8t DY:KX CK BY.TSR APP BY:TSR AF: AC,D 2019 1 SCALE SHEET No.: )ATE OEC. 19, 2010 1 "=20' 1 OF 1 9.\2019\19-1595\19-1595.DWG 19 -159 MARK W. WHITELEY AND ASSOCIATES INCORPORATED C ONSULTING ENGINEERS, ,AND PLANNERBP ...LS. FIRM NO. 10106700 TEXAS REO. ENO. FIRM NO. F-2633 a5m 3250 EASM FRWY. asmrd n ceAUMORr, roEAS"M -mi (FA19400-MI7/8 4305 Calder Avenue Quenc ®Ch All N 'a p S C J p Maida Clarke N Law Firm, PC p Mazzola Law Firm, PLLC, DaddiO's Burge calderAve My Fathers House calderAve v Reflections Custom Picture Framing &... calderAve p Westbrook N Shopping Center ® ® 4305 Calder Avenue T. �9min drive -home o Calder Ave Mai's Alterations ® Balaji India Flood iRule Dance ork Pizza & Pasta Seafood Lover Inc -- _ - -- -- - - -- -- Petals Florist i Kristy's Korner e.% Custom Framing - Rock - ` Red B4 Books Guitar &Banjo Studio L + N CO - J J BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: January 14, 2020 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Carlotta Nicklas. BACKGROUND This matter was presented and discussed in Executive Session held on August 27, 2019. The City Attorney is requesting authority to settle this claim in the amount of $6,500.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Carlotta Nicklas was discussed in Executive Session properly called and held Tuesday, August 27, 2019; and, WHEREAS, the City Attorney is requesting authority to settle this claim; 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 Attorney be, and he is hereby, authorized to settle the claim of Carlotta Nicklas for the sum of Six Thousand Five Hundred and XX/100 Dollars ($6,500.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. 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 14th day of January, 2020. - Mayor Becky Ames - BEAUMONT TEXAS TO: ' City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Director of Planning & Community Development MEETING DATE: January 14, 2020 REQUESTED ACTION: Council consider- a resolution authorizing the City Manager to designate Chris Boone, Director of Planning & Community Development, as the Certifying Officer for HUD Environmental Reviews. BACKGROUND U.S. Department of Housing and Urban Development (HUD) program guidelines require that an Environmental Review be conducted for all HUD expenditures. This analysis typically entails a review of the location of the HUD expenditure to identify environmental factors such as excessive, negative air and noise factors as well as impacts to a building or place with special historic significance. In an effort to increase efficiency of this process, HUD has advised that a resolution be approved allowing the City Manager to designate a person to approve these reviews. This resolution would allow Chris Boone, Director of Planning & Community Development, to approve these reviews and have the authority to serve as Certifying Officer for . the City of Beaumont in this capacity, fulfilling the responsibilities listed at 24 CFR 58.13, including serving as the "responsible Federal official" as that term is used in section 102 of NEPA and in statutory provisions cited in 58.1 (b), and shall be responsible for all the requirements of section 102 of NEPA and the related provisions cited in 40 CFR parts 1500 through 1508, and 24 CFR part 58, including the related Federal authorities listed in 58.5 and: 58.6. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. A RESOLUTION APPROVING AND ADOPTING THE DETERMINATION THAT CHRIS BOONE, PLANNING & COMMUNITY DEVELOPMENT, DIRECTOR SHALL BE DESIGNATED AS "CERTIFYING OFFICER" FOR THE CITY OF BEAUMONT FOR THE PURPOSE OF EXECUTING ENVIRONMENTAL REVIEWS FOR HUD FUNDING PROJECTS. WHEREAS, due to regulations from the U.S. Department of Housing and Urban Development (HUD), the City of Beaumont is required to designate a Certifying Officer for the purpose -of executing environmental reviews for HUD funding projects; and, WHEREAS, the City of Beaumont receives funding through the CDBG program and the Beaumont Housing Authority receives funding and that under the authorizing legislation for these programs and HUD regulations at 24 CFR Part 58 the City acts as "Responsible Entity," assuming HUD's federal agency responsibility for purposes of agency consultation, decision-making, and compliance with National Environmental Policy Act and related federal laws and authorities listed at 24 CFR 58.5 and 58.6; and, WHEREAS, the City Council has determined that Chris Boone, Director of Planning & Community Development, shall have the authority to. serve as Certifying Officer for the City of Beaumont, and to fulfil the responsibilities listed at 24 CFR 58.13, including serving as the "responsible Federal official" as that term is used in section 102 of NEPA and in statutory provisions cited in 58.1 (b), and shall be responsible for all the requirements of section 102 of NEPA and the related provisions cited in 40 CFR parts 1500 through 1508, and 24 CFR part 58, including the related Federal authorities listed in 58.5 and 58.6; and, WHEREAS, Chris Boone has the authority to represent the responsible entity and be subject to the jurisdiction of the Federal courts. The Certifying Officer will not be represented by the Department of Justice in court; and, WHEREAS, Chris Boone will ensure that the responsible entity reviews and comments on all EISs prepared for the Federal projects that may have an impact on the recipient's program; 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 Chris Boone, Director of Planning and Community Development, is hereby designated a Certifying Officer for the purpose of executing environmental reviews for HUD funding projects as required by the U.S. Department of Housing and Urban Development. 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 14th day of January, 2020. - Mayor Becky Ames - L BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: January 14, 2020 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled David Franklin and Joshua Fontenot v. Fernando Beltran and City of Beaumont; Cause No. B-201,696. BACKGROUND The lawsuit styled David Franklin and Joshua Fontenot v. Fernando Beltran and City of Beaumont; Cause No. B-201,696 was presented and discussed in Executive Session held on December 10, 2019. The City Attorney is requesting authority to settle this suit in the amount of $67,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuit styled David Franklin and Joshua Fontenot v. Fernando Beltran and City of Beaumont; Cause No. B-201,696, was discussed in Executive Session properly called and held Tuesday, December 10, 2019; and, WHEREAS, the City Attorney is requesting authority to settle the lawsuit; and, WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the suit; 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 Attorney be, and he is hereby, authorized to settle the matter of David Franklin and Joshua Fontenot in the lawsuit styled David Franklin and Joshua Fontenot v. Fernando Beltran and City of Beaumont; Cause No. B-201,696, for the sum of Sixty -Seven Thousand and XX/100 Dollars ($67,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the lawsuit. 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 14th day of January, 2020. - Mayor Becky Ames - BEAUMONT I T E X A S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 14, 2020 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions Public Comment: Persons may speak on scheduled agenda item No. 1/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance authorizing the suspension of the effective date of the Texas Gas Service proposed rate increase until May 6, 2020 WORK SESSIONS * Review and discuss a request from the Beaumont Children's Museum * Review and discuss the City's efforts related to litter removal COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters EXECUTIVE SESSIONS * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: James Mathews vs. City of Beaumont, Texas; Cause No. A-192,887 Brandy Springer, et al v. City of Beaumont and CH2M Hill Engineers, Inc.; Cause No. B-198,469 Claim of ExxonMobil Oil Corporation v. City of Beaumont Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 1 January 14, 2020 Consider an ordinance authorizing the suspension of the effective date of the Texas Gas Service proposed rate increase until May 6, 2020 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: January 14, 2020 REQUESTED ACTION: Council consider an ordinance authorizing the suspension of the effective date of Texas Gas Service proposed rate increase until May 6, 2020. BACKGROUND On December 20, 2019, Texas Gas Service filed its Statement of Intent to increase rates within the Gulf Coast Service Area, Central Texas Service Area, and the City of Beaumont. The company is also requesting to consolidate the Gulf Coast and City of Beaumont Service Areas with the much larger Central Texas Service Area resulting in a single Central Gulf Service Area. The increase requested is approximately $17 million in the combined CTSA, GCSA and Beaumont Service Areas with the proposed effective date of February 6, 2020. The proposed increase attributable to the Gulf Coast Service Area and Beaumont Service Area is about $1.2 million combined. According to the company, the potential monthly customer impact of the proposed rate change for Beaumont, excluding the cost of gas, is $3.08 for a residential customer and $29.96 for a commercial customer. The City of Beaumont has one residential customer and one commercial customer serviced by Texas Gas Service. The proposed ordinance authorizes the suspension of the effective date of the requested increase to May 6, 2020. The suspension will allow time for the City to review the request and make an informed recommendation to the Council as to what ultimate decision should be made. The issue as to the consolidation of the Beaumont service area with the Central Texas Service Area will also be addressed. The ordinance also provides for authority to join with other cities in the Texas Gas Service Areas to retain legal counsel and rate consultants, participate in any judicial or administrative proceedings, and to seek reimbursement for rate case expenses from the company. FUNDING SOURCE All reasonable expenses associated with rate cases are reimbursable by the company. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ORDINANCE OF THE CITY OF BEAUMONT, TEXAS AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND THE EFFECTIVE DATE PROPOSED BY TEXAS GAS SERVICE COMPANY IN CONNECTION WITH ITS STATEMENT OF INTENT TO INCREASE RATES FOR ITS GULF COAST SERVICE AREA, CENTRAL TEXAS SERVICE AREA, AND THE CITY OF BEAUMONT, FILED ON DECEMBER 20, 2019; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE RAILROAD COMMISSION OF TEXAS; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about December 20, 2019, Texas Gas Service Company, a Division of ONE Gas, Inc. ("TGS" or the "Company") filed a Statement of Intent with the City of Beaumont ("City") to increase gas rates within the incorporated areas of the Central Texas Service Area ("CTSA"), the Gulf Coast Service Area ("GCSA") and the City of Beaumont by $17 million per year; and; WHEREAS, TGS's statement of intent includes a request to consolidate the Central Texas, Gulf Coast, and City of Beaumont service areas into a single Central -Gulf Service Area; and, WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of a gas utility in areas in the municipality pursuant to Tex. Util. Code §103.001; and, WHEREAS, Gas Utility Regulatory Act § 103.021 requires a local regulatory authority to make a reasonable determination of rate base, expenses, investment and rate of return and retain the necessary personnel to determine reasonable rates; and, WHEREAS, the City's reasonable cost for regulatory expenses in ratemaking proceedings shall be reimbursed by the gas utility under Gas Utility Regulatory Act § 103.022; and, WHEREAS, given the complexity of the proposed rate increase and the need to fully review the proposed rate adjustment and request for consolidation, it is necessary to suspend the effective date for implementing the proposed rates until at least May 6, 2020 in order to allow the City's rate experts sufficient time to determine the merits of the Company's proposal; and, WHEREAS, in order to maximize the efficient use of resources and expertise in reviewing, analyzing, and investigating TGS's $17 million rate increase request, City's efforts will be coordinated with similarly situated municipalities in the Company's affected service areas; and, WHEREAS, the City will join with other municipalities in a steering committee in order to coordinate the hiring and direction of counsel and consultants working on behalf of the steering committee and the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The effective date of TGS's proposed rate increase, and the proposed tariffs related thereto, is hereby suspended for an additional ninety (90) days until May 6, 2020 in order to complete the review and investigation by the City's experts. Section 3. The City is authorized to join with other municipalities as part of the Gulf Coast Service Area Steering Committee with the understanding that the steering committee will provide direction and guidance to the lawyers who are representing said cities. Section 4. The City employs The Lawton Law Firm, P.C. to represent the City with regard to the proposed rate increase of TGS before local and state regulatory authorities and any court of law and authorizes counsel to employ such rate experts as are recommended by the Steering Committee. Section 5. The Steering Committee shall review the invoices of the lawyers and rate experts for reasonableness before submitting the invoices to TGS for reimbursement. Section 6. City's legal representatives shall have the right to obtain additional information from TGS through the service of requests for information, which shall be responded to within seven (7) calendar days of receipt of such requests for information. Section 7. TGS shall reimburse the City, through the designated representative of the Steering Committee, for the reasonable costs of attorney and consultant fees and expenses related thereto, upon the presentation of invoices reviewed by the Steering Committee. Section 8. 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. Section 9. This ordinance shall become effective from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of January, 2020. - Mayor Becky Ames - ATTEST: WORK SESION * Review and discuss a request from the Beaumont Children's Museum o o I ronnnnuT ruunocwc Mncriinn January 6, 2020 City of Beaumont 801 Main Street Beaumont, TX 77701 Dear Mayor Ames and Council Members, The Beaumont Children's Museum is grateful to the City of Beaumont for the opportunity to review the structure and complete a feasibility study of the old Sears Warehouse building, 125 Magnolia Street, Beaumont, for the future site of a newer expanded children's museum. We have recently selected Long Architecture to evaluate the warehouse to function as a new museum and additional city storage/usage. Long will also determine the cost required to renovate the building to meet Code, have accessibility (ADA), and change the building occupancy requirements. Long Architecture is planning to complete the analysis on the full building for renovations. The Beaumont Children's Museum will only be planning to take around half of the 32,000 square feet. Per conversation, early this past Spring, the other half of the building would still need to be accessible by the city for storage and other necessary uses. The current use of this building is for city emergency and event facility supplies. With the current condition of the building and its roof, this does limit this type of use for the city and its facilities. The cost of comprehensive conditions survey and analysis through Long Architecture is $20,500. The Beaumont Children's Museum would like to ask the City of Beaumont to assist with funding half of this cost ($10,250). This comprehensive survey will provide useful information not only to the children's museum but also to the City of Beaumont for other possible types of use for this future shared space. Following the study, we will understand improvement costs, life of building, and future maintenance cost to operate this building with occupants. In 2019, the Beaumont Children's Museum attracted over 52,000 visitors to the downtown area for fun interactive learning at the museum. If the future Children's Museum is relocated to the 125 Magnolia Warehouse and Lakeside District area, that growing patronage will visit the heart of the revitalized areas of downtown Beaumont, regularly. Considering the size of this building, the possibilities of outside space, and an added parking area events such as Touch -A -Truck, Dia de los 701 Main Street, Beaumont, TX 77701 * 109) 347-7919 BEAU MONTCHILDRENSM USEUM.ORG 0 0 3 ronMnwT ruunQcwlc MI ICCI IM Muertos, visiting farmer's markets and other shared ventures could utilize the space for mutually beneficial purposes to not only the Children's Museum but the City as well. We look forward to continuing our partnership with the City of Beaumont in this exciting new chapter and respectfully request the assistance of funding half of the study cost. Thank you for your consideration, Amanda Yarbrough Executive Director Beaumont Children's Museum Attachment: Proposal for Comprehensive Conditions Survey, Analysis, and Cost Estimate for the Existing Warehouse Building Located at 125 Magnolia Street, Beaumont, TX 77701 J 701 Main Street, Beaumont, TX 77701 * X09) 347-7919 BEAU MONTCHILDRENSMUSEUM.ORG WORK SESION * Review and discuss the City's efforts related to litter removal