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HomeMy WebLinkAbout02/25/2020 PACKETBEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 25, 2020 1:30 PM CONSENT AGENDA Approval of minutes — February 18, 2020 Confirmation of board and commission member appointments Michael Tarabay would be appointed to the Parks and Recreation Advisory Committee. The term would commence February 25, 2020 and expire September 30,202L (Councilmember Randy Feldschau) Lee Smith would be reappointed to the Community Development Advisory Committee. The current term would expire September 30, 2021. (Councilmember Robin Mouton) A) Authorize the City Manager to apply for and receive funding through the Department of Homeland Security Grant Program B) Authorize -the City Manager to apply for and receive funding through the U.S. Department of Justice Project Safe Neighborhoods Block Grant Program C) Authorize the City Manager to execute a ground lease agreement with Cory Hays for property located at the Beaumont Municipal Airport D) Authorize the City Manager to execute an agreement with Thomson Reuters West Government Services for database services RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Appointment Michael Tarabay Commission Parks and Recreation Advisory Committee THAT the following reappointment be made: Reappointment Lee Smith Commission Community Development Advisory Committee Beginning of Expiration of Term Term 02/25/2020 09/30/2021 Beginning of Expiration of Term Term 02/25/2020 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 25th day of February, 2020. - Mayor Becky Ames - UA BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer J MEETING DATE: February 25, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding in an amount up to $148,425 through the Department of Homeland Security Grant Program (HSGP). BACKGROUND The Homeland Security Grant Program consists of a number of grant programs, one of which is the State Homeland Security Program (SHSP). This grant incorporates two programs, a general SHSP first responder category for which Beaumont could be awarded up to $68,370 and $80,055 dedicated specifically to the Law Enforcement Terrorist Prevention Activities (LETP) Sustaining Special Response Teams Project. This funding will be used to purchase tactical equipment, provide tactical officer training and replace outdated radio equipment. FUNDING SOURCE No local match is required. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council finds it in the best interest of the citizens of Beaumont that the LETPA (Law Enforcement Terrorist Prevention Activities) Sustaining Special Response Teams Project for the Police Department and the Sustaining Special Response Teams Project for the Fire Department be operated for fiscal year 2019; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to apply for and receive funding in an amount up to $148,425 from the Department of Homeland Security Grant Program (HSGP) through the Office of the Governor, Homeland Security Grant Division for fiscal year 2020; and, BE IT ALSO RESOLVED THAT the City of Beaumont agrees to provide applicable matching funds for the said project as required by the Department of Homeland Security Grant Program (HSGP); and, BE IT ALSO RESOLVED THAT in the event of loss or misuse of the 2020 Homeland Security Grant Program funds, the City of Beaumont assures that funds will be returned in full to the Office of the Governor, Homeland Security Grant Division; and, BE IT ALSO RESOLVED THAT the City Manager be and, he is hereby designated as the authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency from the Department of Homeland Security Grant Program (HSGP) through the Office of the Governor, Homeland Security Grant Division in the amount up to $148,425 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 25th day of February, 2020. - Mayor Becky Ames - a BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer 64 MEETING DATE: February 25, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding in an amount up to $90,000 through the U.S. Department of Justice Project Safe Neighborhoods Block Grant Program (PSN). BACKGROUND The Beaumont Police Department is currently sponsoring a coordinated effort to reduce violent crime with the US Attorney's Office, Jefferson County District Attorney's Office, Department of Public Safety and federal partners. The Project Safe Neighborhoods Block Grant Program (PSN) is established by the U.S. Department of Justice, Bureau of Justice Assistance to benefit neighborhood safety, and support reduction of violent crime. This PSN grant application requests overtime costs in the amount not to exceed $90,000. Personnel costs will allow the dedication of time for personnel to gather evidence and analyze data on violent offenders, with emphasis on repeat offenders and identifying locations with a propensity for violent crime. FUNDING SOURCE No local match is required. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the CITY COUNCIL finds it in the best interest of the citizens of Beaumont, that the Project Safe Neighborhoods Block Grant Program (PSN) be operated for fiscal year 2021; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to apply for and receive funding in an amount up to $90,000 from the United States Department of Justice through the Office of the Governor, Public Safety Office, Criminal Justice Division for fiscal year 2021; and, BE IT ALSO RESOLVED THAT the City of Beaumont agrees to provide applicable matching funds for the said project as required by the Project Safe Neighborhoods Block Grant Program; and, BE IT ALSO RESOLVED THAT in the event of loss or misuse of the 2021 Project Safe Neighborhoods Block Grant Program funds, the City of Beaumont assures that funds will be returned in full to the Office,of the Governor, Public Safety Office, Criminal Justice Division; and, BE IT ALSO RESOLVED THAT the City Manager be and he is hereby designated as the authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency from the Project Safe Neighborhoods Block Grant Program through the Office of the Governor, Public Safety Office, Criminal Justice Division in the amount up to $90,000 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 25th day of February, 2020. - Mayor Becky Ames - c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer -�y MEETING DATE: February 25, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a ground lease agreement with Cory Hays for property located at the Beaumont Municipal Airport. BACKGROUND A request was received by Cory Hays to lease property at the airport for construction of a personal aircraft storage hangar. Mr. Hays is proposing to construct a hangar on a 60' x 80' lot with approaches at the airport. The lease agreement provides for a twenty (20) year term commencing on March 25, 2020 and ending March 24, 2040 with the option of two renewals for a period of 10 years each. Rental terms are indicated in Section 3 of the lease. All costs associated with the construction of the hangar and the approach is the responsibility of the lessee. Plans and specifications have been approved by proper City staff. The plans must meet all Federal Aviation Administration guidelines and local building requirements. The lessee is required to provide the City with commercial general liability insurance coverage in the amount of $300,000 for bodily injury and $100,000 for property damage and require to indemnify and hold the City harmless for any cause arising from the use or occupancy of the leased area. 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 Ground Lease Agreement between the City of Beaumont and Cory Hays to lease property for the construction of a personal aircraft storage hangar at the Beaumont Municipal Airport for a twenty (20) year term commencing on March 25, 2020 and ending on March 24, 2040 with the option of two (2) renewals for a period of ten (10) years each. The Ground Lease 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 25th day of February, 2020. - Mayor Becky Ames - STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § GROUND LEASE AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Beaumont, Texas a municipal corporation, hereinafter called "Lessor," and Cory Hays , hereinafter called "Lessee." Lessor and Lessee, for and in consideration of the rents, covenants and agreements herein contained, mutually covenant and agree as follows: 1. LEASED PREMISES 1.1 Lessor leases to Lessee and Lessee hires from Lessor, for the purposes of constructing and operating Aircraft Storage Hangar as provided herein and for no other purpose, those certain premises located on the Beaumont Municipal Airport in the County of Jefferson, State of Texas, containing 4,800 square feet of land, and being more particularly described in Exhibit "A" attached hereto and made a part hereof. 2. TERM 2.1 This lease shall be for a term of twenty (20) years, referred to as the "lease term," commencing on the 25th day of March , 2020, the "effective date," which is 30 days after passage of the resolution authorizing this lease, and ending on the 24th day of March, 2040; subject, however, to earlier termination as hereinafter provided. 2.2 This lease shall terminate and become null and void without further notice on the expiration of the term specified, and any holding over by Lessees after expiration of said term shall not constitute a renewal hereof or give Lessee any rights hereunder in or to the leased premises. EXHIBIT "A" 2.3 This lease may be renewed for two (2) ten-year terms, beginning January 1, 2040, with the written approval of the Lessor and the Lessee no less than thirty days prior to the end of the current term. 3. RENT 3.1 Lessee agrees to pay Lessor as rental for the use and occupancy of the leased premises the following sums, subject to adjustment as hereinafter provided: twenty-five cents ($.25) per square foot per year, payable in advance on or before the 1St day of January of each year during the term of this lease. The minimum annual during the term of the agreement shall be one thousand, two -hundred dollars ($1,200.00). 3.1.1 For the sixth (6th) through tenth (10th) years of the term hereof, the annual rental shall increase to thirty cents ($.30).per square foot per year. 3.1.2 For the eleventh (11th) through fifteenth (15th) years of the term hereof, the annual rental shall be increased to thirty-five cents ($.35) per square foot per year. 3.1.3 For the sixteenth (16th) through twentieth (201h) years of the term hereof, the annual rental shall be increased to forty cents ($.40) per square foot per year. 3.2 All installments of rent hereunder, when and as the same become due and payable, shall be paid to the City of Beaumont, Cash Management, P.O. Box 3827, Beaumont, Texas 77704, or to such other office or officer of Lessor as the City Manager may designate in writing in advance. 4. CONSTRUCTION BY LESSEES 4.1 Lessee shall be required to erect on the leased premises permanent Hangar(s) containing a minimum of 3,900 square feet of space and paved driveways accessing taxiways. Lessor shall have the right of reasonable approval of plans and specifications for the construction of said building and appurtenances. The building and its appurtenances shall be constructed in accordance with all applicable city, state and federal laws, ordinances, rules and regulations. 4.2 Lessees shall comply with the following construction schedule: 2 4.2.1 Within one (1) month from the effective date of this agreement, Lessees shall furnish the City Manager or his designee detailed plans and specifications for construction of the building and its appurtenances. The City Manager or his designee shall approve or disapprove same. The City Manager or his designee may not unreasonably withhold his approval of the construction plans and specifications. If the City Manager or his designee disapproved the construction plans and specifications, he shall provide lessees a written statement of reasons for this disapproval. 4.2.2 Within two (2) months from the effective date of this agreement, Lessees shall commence construction of said building under a general construction contract requiring completion within twelve (12) months of the date of execution of this agreement. 4.3 No structure, or other improvement, shall be placed on the leased premises which does not comply with the plans, specifications and locations approved by Lessor. Lessees shall make no material addition to or alteration of any structure erected on the leased premises unless and until plans and specifications of the proposed addition of alteration shall have first been submitted to and approved by the City Manager or his designee. 4.4 Construction shall be performed by a contractor(s) licensed and bonded to provide the required services. All construction shall adhere to all appropriate federal, state and local laws, regulations, standards, codes and ordinances. 4.5 The approval by Lessor of any plans and specifications refers only to the conformity of such plans and specifications to the general architectural plan for the leased premises and such approval shall not be withheld unreasonably. Such plans and specifications are not approved for architectural or engineering design and Lessor, by approving such plans and specifications, assumes no liability or responsibility for any structure constructed from such plans or specifications. All plans and specifications must be submitted to the City's Building Code Enforcement Division for review and approval. All applicable permits must be obtained. 3 5. TAXES 5.1 In addition to the rental, Lessees shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this agreement may be levied on or assessed against the leased premises and all interests.therein and all improvements and other property thereon. Lessees shall pay all such taxes, charges and assessments to the public officer charged with collection thereof before same shall become delinquent, and Lessees agrees to indemnify and save harmless Lessor from all such taxes, charges and assessments. 6. UTILITIES 6.1 Lessees shall pay all charges for water, heat, gas, electricity, telephone, sewers, and any and all other utilities used on the leased premises throughout the term of this lease, including any connection fee and pro -rate charges. 7. USE OF PREMISES 7.1 Lessees shall use the leased premises only for the storage of personal or business aircraft. No other use is permitted without the prior written consent of the City Manager of his designee. The sale or use of alcoholic beverages is prohibited without the prior written consent of the City Manager of his designee. Additionally, Lessees will be allowed to sublet the premises, subject to approval by Lessor. Approvals required hereunder will not be unreasonably withheld. 8. ENCUMBRANCE OF LEASEHOLD ESTATE 8.1 Lessees may not, at any time, encumber the leasehold interest, by deed of trust, mortgage, or other security instrument, without obtaining the consent of Lessor, but no such encumbrance shall constitute a lien on the fee title of Lessor, and the indebtedness secured thereby shall at all times be and remain inferior and subordinate to all the conditions, covenants, and obligations of this agreement and to all rights of Lessor hereunder. 8.2 If at any time after execution and recordation in Jefferson County, Texas, of any such mortgage or deed of trust, the mortgagee or trustee therein shall notify Lessor in writing that any such mortgage or deed of trust has been given and executed by Lessees, and shall at 11 the same time furnish Lessor with the address to which it desires copies of notices to be mailed. Lessor hereby agrees that it will thereafter mail to such mortgagee or trustee, at the address so given, copies of any and all notices which Lessor may from time to time give or serve upon Lessees under and pursuant to the terms and provisions of this agreement. 8.3 Any lender on the security of the leasehold shall have the. right at any time during the term of this agreement: 8.3.1 To do any act of thing required of Lessees hereunder and all such acts or things done and performed shall be as effective to prevent a forfeiture of Lessee's rights hereunder as if done by Lessees; and, 8.3.2 To realize on the security afforded by the leasehold estate by foreclosure or power of sale or other remedy afforded at law or in equity or by the security documents and to transfer, convey, or assign the title of Lessees to the leasehold estate created hereby to any purchaser at any such foreclosure sale, and to acquire and succeed to the interest of Lessees hereunder by virtue of any such foreclosure sale. 9. REPAIRS AND RESTORATION - 9.1 Lessees, at Lessees's own cost and expense at all times during the term of this lease, agrees to keep and maintain, or cause to be kept and maintained, all buildings and improvements which may be erected on the leased premises in a good state of appearance and repair, reasonable wear and tear expected. Improvements are to include driveways, constructed ramps or taxiways on or off of leased premises to provide access to public taxiways. Failure to maintain the buildings and improvements in a good state of appearance and repair shall be considered a default in the performance of the agreement and remedied as in accordance with the provisions of this lease. 9.2 The determination of whether the buildings and improvements are in compliance with the maintenance requirements of this provision shall be the sole discretion of the Lessor. 9.3 In the event the building or any building or improvements thereafter constructed on the leased premises is damaged by fire or any other casualty, the Lessees shall have the option to: 9.3.1 Repair, reconstruct or replace the damaged building or improvements, with reasonable diligence, so that the building, to the extent originally constructed by Lessees, is restored to substantially the condition it was in prior to the happening of the casualty; provided, however, that if the commencement, construction, or completion of said repair, reconstruction, or replacement work shall be prevented or delayed by reason of war, civil commotion, acts of God, strikes, governmental restrictions or regulations, or interferences, fire or other casualty, or any other reason beyond the control of lessees, whether similar to any of those enumerated or not, the time for the commencing or completing, or both, of the construction of said building, as the case may be, shall automatically be extended for the period of each such delay. 9.3.2 Remove all structures, improvements, debris and remains and return the leased premises to its original condition within thirty (30) days of the casualty. If the leased premises are not returned to its original condition within the time specified, Lessor may remove or cause to be removed any remaining structures or debris and return the leased premises to its original state. All costs shall be borne by the Lessees. In addition, the lease shall terminate with no prorate return of any rentals paid. 10. LIENS 10.1 Lessees shall not suffer or permit any mechanics' liens or other liens to be filed against the fee of the leased premises nor against Lessee leasehold interest in the land nor any buildings or improvements on the leased premises by reason of any work, labor, services, or materials supplied or claimed to have been supplied to Lessees or to anyone holding the leased premises or any part thereof through or under Lessees. 0 10.2 If any such mechanics' liens or materialmen's liens shall be recorded against the leased premises, or any improvements thereof, Lessees shall cause the same to be removed or, in the alternative, if Lessees in good faith desires to contest the same, Lessees shall be privileged to do so, but in such case Lessees hereby agrees to indemnify and save Lessor harmless form all liability for damages occasioned thereby and shall, in the event of a judgment of foreclosure on said mechanics' lien, cause the same to be discharged and removed prior to execution on such judgment. 11. INSURANCE AND INDEMNFICATION 11.1 Lessees shall indemnify, defend, and hold harmless Lessor, its officers, agents and employees from any and all liabilities, demands, actions, losses, damages and costs, including all costs of defense thereof caused by or arising out of, or in any way related to Lessees's use or occupancy of the leased premises or occurring on the leased premises during the term of the lease or caused by, arising out of, or in any way related to operations conducted by Lessees including claims, liabilities and actions based upon acts, omission, or negligence of the Lessor, its officers, agents, and employees. Upon demand, Lessees shall, at its own expense, defend Lessor, its officers, agents, and employees, through counsel acceptable to Lessor, against any and all liabilities, claims; demand, actions, damages and costs. 11.2 Lessees shall purchase and maintain in full force and effect insurance as provided herein, with the City of Beaumont as a named insured. A certificate of insurance, or a copy of the insurance policies, shall be furnished to Lessor and shall provide that the Lessor shall receive ten days' prior written notice before any change or cancellation of any policy. The limits established herein may be modified by prior written consent of the City Manager or his designee and shall be increased if the Lessor's standards are amended to provide increased limits. COMMERCIAL GENERAL LIABILITY COVERAGE: Bodily injury (each accident): $300,000.00 Property damage (each accident): $100,000.00 7 IMMIJ-3 P WRQ -DRi 12.1 Lessees may not sublease or assign any portion of the agreement or any of the premises leased to Lessees, nor shall a foreclosing trustee, lien holder, or mortgagee do so, to any other person, firm, or corporation without the prior consent, in writing, of Lessor, which consent shall not be unreasonably withheld. 13. DEFAULT AND REMEDIES 13.1 Should Lessees default in the performance of any covenant, condition, or agreement in this lease, and such default is not corrected within ten (10) days after receipt of written notice from Lessor to Lessees and any lender as required by Section 8, Lessor may declare this lease, and all rights and interests created by it, to be terminated. Upon Lessor electing to terminate, this lease shall cease and come to an end as if that were the day originally fixed herein for the expiration of the term hereof, and including payment of ground rental beyond that date. Upon such event, Lessees must remove building and improvements constructed and return the leased premises to its original condition within thirty (30) days. Failure to so remove the structure and improvements results in the Lessor's right to obtain possession and ownership of the building and improvements. Lessor, its agent or attorney, may, resume possession of the premises and by such action obtain ownership of the building constructed on the leased premises and may at its option relet the same for the remainder of the term. 13.2 Any termination of this lease as herein provided shall not relieve Lessees from the payment of any sum or sums that shall then be due and payable to Lessor hereunder, or any claim for damages then or theretofore accruing against Lessees hereunder, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessees for any default thereunder. All rights, options, and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this lease shall be 8 construed or held to be a waiver of any succeeding or proceeding breach of the same or any other covenant, condition, or restriction herein contained. 14. GENERAL PROVISIONS 14.1 Lessees may not conduct any other aeronautical within or upon the leased premises without the prior written consent of the City Manager or his designee. 14.2 The Lessees for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: 14.2.1 No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 14.2.2 That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination. 14.2.3 That the Lessees shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21,, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said regulations may be amended. 14.3 That in the event of breach of any of the preceding nondiscrimination covenants, Lessor shall have the right to terminate the license, lease, permit, etc., and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued. 14.4 During the time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, 0 and, if such lease is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. 14.5 No right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own regular employees (including but not limited to maintenance, repair, and fueling) that it may choose to perform. 14.6 It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right forbidden by Section 308(a) of the Federal Aviation Act of 1958 or for aeronautical activities. 14.7 Lessor reserves the right, in a reasonable and nondiscriminatory manner, to further develop or improve the area of the Airport as it sees fit, regardless of the desires or views of Lessees and without interference or hindrance. 14.8 Lessor shall have the right, but not the obligation, to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of Lessees in this regard. 14.9 All hangars, buildings, properties or land on the Airport, shall be maintained in a clean, attractive, weed free, well -painted, junk free condition. Lessee shall ensure that all debris and trash are removed from within and around the leased premises in accordance with all applicable laws or requirements. Lessor is responsible for providing proper trash receptacles and storing such within the hangar. Lessees shall not allow the accumulation of materials, goods, trash or equipment around the exterior of the hangar. Lessees shall maintain cultivated areas in accordance with airport regulations. 14.10 Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstructions together with the right to prevent the erection of any building or other structure on or adjacent to the Airport which would limit the usefulness of the Airport or constitute a hazard to aircraft. 10 14.11 This agreement shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States, relative to the operations or maintenance of the Airport. 14.12 Incorporated into this agreement, by reference and as though set forth herein verbatim, are the Minimum Standards and Requirements for the Conduct of Commercial Aeronautical Services and Activities adopted by the Lessor. Such minimum standards shall be lawful, reasonable and nondiscriminatory. Further, all parties hereto agree to comply with all rules and regulations of the Federal Aviation Administration and the laws of the United States of America, the State of Texas, and all laws, regulations, rules and ordinances of the City of Beaumont as they now exist or may hereafter be enacted or amended, and will not permit the premises covered by this agreement to be used for any unlawful or improper purpose. 14.13 The standards and regulations enacted by the governmental agency responsible for the operation of the Airport, now or in the future, may provide for use charges to be paid by those using, occupying, or conducting operations at the Airport. Such charges may be based upon square footage, receipts or other reasonable basis, to be established by such standards and regulations. Lessees agrees to pay such charges as same are due and owing under any such standards or regulations now or hereafter in effect. Any such use charges shall be lawful reasonable and nondiscriminatory. 14.14 Lessor may, on account of the breach of any provision hereof, including the standards and regulations incorporated herein by reference, terminate this agreement and eject the party in violation in accordance with the provisions of this lease. 14.15 The purpose of the lease and the operations to be conducted by Lessees or sub- leesses, and the identity of the premises to be occupied, are set forth in this lease. No other operations, business, or occupancy may be had or done without the additional written consent of the Lessor. 14.16 It is mutually understood and agreed that nothing in the agreement is intended or shall be construed as in any way creating or establishing the relationship or partners or co- partners between the parties hereto, or as constituting the Lessees as an agent or representative of the Lessor for any purposes or in any manner whatsoever. 11 14.17 Lessees shall permit Lessor's agents, representatives, or employees to enter on the leased premises for the purpose of inspection, to determine whether Lessees in compliance with the terms of this lease, for purposes of maintaining, repairing, or altering the premises, or for the purpose of showing the leased premises to prospective Lessees, purchasers, mortgagees, or beneficiaries under trust deeds. 14.18 No waiver by Lessor of any default or breach of any covenant, condition, or stipulation herein contained shall be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition, or stipulation hereof. 14.19 This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder is performable in Jefferson County, Texas. 14.20 In case anyone or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof and this agreement shall be construed as if such invalid, illegal,. or unenforceable provision had never been contained herein. 14.21 This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 14.22 No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. 14.23 Lessees shall not erect, paint or place any exterior signs on the leased premises or the structure placed thereon. 14.24 Only aircraft may be stored in Hangars. No other non -aeronautical equipment, combustible products, or items may be placed there for use or storage. 14.25 Lessees are granted the right to operate from temporary facilities on the leased premises pending occupancy of his permanent structure. 12 15. OWNERSHIP BUILDING 15.1 Lessor, upon expiration of the term hereof or upon earlier termination of this agreement as provided herein, may remove or cause to be removed the existing structure and any improvements from the leased premises and return said leased premises to its original condition within sixty (60) days. Lessee may negotiate a group lease renewal for the leased premises. Although, the Lessee is not obligated to enter into any subsequent agreement. Should Lessor choose not to remove the structure, it is understood that the ownersip of the structure and any improvements shall become the property of the Lessor. 16. APPROVAL OF FAA 16.1 The parties recognize that location of Lessee's operation may require amendment of the airport master plan and approval by the Federal Aviation Administration and the Texas Department of Transportation. Lessor agrees to make such amendment as may be necessary and to submit same to said agencies for approval. This agreement is contingent upon such approval, and in the event the amendment shall not be approved, this agreement shall terminate and both parties shall be released from all obligations herein contained. 17. NOTICES 17.1 All notices provided to be given under this agreement shall be given by certified mail or registered mail, addressed to the proper party at the following address: LESSOR City of Beaumont Capital Projects 801 Main St, Room 200 Beaumont, Texas 77701 LESSEE Cory Hays 2090 Diamond D. Drive Beaumont, TX 77713 13 EXECUTED this day of , 20 LESSER: CITY OF BEAUMONT Im Attest: LESSOR: Attest: 14 By: Kyle Hayes, City Manager 01 , Owner BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James Singletary, Chief of Police MEETING DATE: February 25, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with Thomson Reuters West Government Services for database services. BACKGROUND The Police Department contracts with a single public record database service to provide comprehensive information that's useful to investigations. A single database yields broad results. including name, address and business associations, in addition to vehicle links, public utilities, credit bureau information and social media. Currently, the Department uses Thomson Reuters West Government Services (formerly West Publishing Corporation). The new agreement would allow up to 275 users at a cost of $1,343.79 a month. These searches are frequently used during criminal as well as internal investigations. FUNDING SOURCE Police Contract Services. RECOMMENDATION Approval of 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 all documents necessary, specifically an Agreement, with Thomson Reuters West Government Services for law enforcement database services. Said 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 25th day of February, 2020. - Mayor Becky Ames - Order Form Order ID -Q-00706765 T1iC71viSfliV NEUTERS" . Contact your representative vindhya. ganliewaOthomsonreuters.com with any questions. Thank you. 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Page 4 of 5 THOMSON REUTERS" Attachment Order ID:Q-00706765 Contact your representative v i n d h v a. g an hew a Oe th o m s o n re u t e r s. c o m with any questions. Thank you. Order ID: Q-00706765 Paymentormation Payment Method: Payment Method: Bill to Account Account Number: 1003938165 SA ID: TX CALI)Z MSA -WEST DIR-LGL-CALIR-02 (TXMS) Order Confirmation Contact (#28) Contact Name:JIM CLAY Email-.jclay@beaumonttexas.gov P.roFlcx Multi Ie Locafion`DetaiLs. " Account Number Account Name Account Address Action JIM CLAY jclay@beaumonttexas.gov EML PSWD CONTACT 255 COLLEGE ST 1003938165 BEAUMONT POLICE DEPT BEAUMONT New TX 77701-3525 US ProFlex Product Details Quantit Unit Service Material # Description 275 Seats 41882302 CLEAR for Law Enforcement Plus 1 Seats 41913616 CLEAR Government Arrest Gateway Pro Addon Account Contacts Contact Name Email Address Customer Type Description JIM CLAY jclay@beaumonttexas.gov CLEAR PRIMARY CONT JIM CLAY jclay@beaumonttexas.gov EML PSWD CONTACT IP Address Information From 1P Address To IP Address From IP Address To IP Address From IP Address To IP Address 1..1.1.1 CLEAR for Law Enforcement Plus La sed'Products . Sub Material Quantity Active Subscription to be Lapsed 41882302 275 CLEAR for Law Enforcement Plus Page 5 of 5 BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 25, 2020 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call Presentations and Recognitions Public Comment: Persons may speak on scheduled agenda items 4-10/Consent Agenda Consent Agenda GENERAL BUSINESS Consider a request to rezone property (located on the west side of Major Drive, approximately 1500 ft. south of Tram Road) from A -R (Agricultural - Residential) to RM -H (Residential Multiple Family Dwelling - Highest Density) or a more restrictive district 2. Consider a request to rezone the rear 200' of a property (located between 3450 and 3870 Eastex Freeway) from RM -M (Residential Multiple Family Dwelling — Medium Density) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive district 3. Consider a request for a Specific Use Permit for to allow a cell tower in a GC -MD (General Commercial - Multiple Family Dwelling) District at the rear of 5580 Cole Street 4. Consider an ordinance denying the rate increase request of CenterPoint Energy filed on November 14, 2019 5. Consider a resolution acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits or private activity bonds and authorizes the developer to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for a proposed Housing Tax Credit (HTC) project known as Virginia Flats, located at 2250 W. Virginia, and offering expressed support for the project and a Commitment of Development Funding by the City 6. Consider a resolution acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits or private activity bonds and authorizes the developer to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for a proposed Housing Tax Credit (HTC) project known as Beaumont Trails, located at the southwest corner of Spindletop Square and North 13th Street and offering expressed support for the project and a Commitment of Development Funding by the City 7. Consider a resolution acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits or private activity bonds and authorizes the developer to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for a proposed Housing Tax Credit (HTC) project known as the Enclave on College, located at 6005 College, and offering expressed support for the project and a Commitment of Development Funding by the City 8. Consider a resolution authorizing the City Manager to enter into an agreement with the U.S. Economic Development Administration (EDA) to terminate a financial assistance award and remit the balance of EDA funds back to the EDA 9. Consider a resolution authorizing the City Manager to award a contract to Allco, LLC, for the Wastewater Treatment Plant Trickling Filters Rehabilitation Project 10. Consider a resolution authorizing the City Manager to award a bid to Texas Pride Utilities, LLC, of Houston, for the Dowlen West Pipe Bursting Contract — Phase I Proj ect WORK. SESSIONS * Review and discuss the litter and homeless camping situation in and around Interstate 10 and MLK and near the bridge west of Interstate 10 on Washington Boulevard Review and discuss whether to move forward with an engineering contract to engineer a new Raw Water Pump Station near Pine Street and Collier's Ferry Park * , Review and discuss possible amendments to the Charter of the City of Beaumont Review and discuss a Storm Water Master Plan that was primarily conducted by Lockwood, Andrews & Newman, Inc. (LAN) Review and discuss an assessment of the Sewer Collection System (Phase 1) that was primarily conducted by Lockwood, Andrews & Newman, Inc. (LAN) Review and discuss the status of an update to the Street Assessment Index conducted by Infrastructure Management Services, LLC (IMS) Review and discuss the status of a possible Drainage Improvements Study for the Henry Homberg Golf Course COMMENTS * Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: City of Beaumont vs. R. D. Hodges, Jr.; Cause No. B-159,358 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 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. fl February 25, 2020 Consider a request to rezone property (located on the west side of Major Drive, approximately 1500 ft. south of Tram Road) from A -R (Agricultural - Residential) to RM -H (Residential Multiple Family Dwelling - Highest Density) or a more restrictive district BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: February 25, 2020 REQUESTED ACTION: Council consider a request to rezone a property (located on the west side of Major Drive, approximately 1500 ft. south of Tram Road) from A -R (Agricultural - Residential) to RM -H (Residential Multiple Family Dwelling - Highest Density) or a more restrictive district. BACKGROUND Amron Akhtar of Amberlyn Homes, L.L.C., has requested a rezoning for property located on the west side of Major Drive, approximately 1500 ft. south of Tram Road. The adjacent property to the south is zoned RM -H (Residential Multiple - Family Dwelling - Highest Density) and Major Drive, as a major arterial, will most likely develop with commercial frontage in the future. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. At a Joint Public Hearing held on February 17, 2020, the Planning Commission recommended 7:0 to approve the request to rezone a property from A -R (Agricultural - Residential) to RM -H (Residential Multiple Family Dwelling Highest Density) or a more restrictive district. The Zoning Ordinance states, "The City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest against such change (has been filed), signed by the owners of twenty percent (20116) or more either of the area of the lots included in such proposed'change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three-fourths (3/4) of all the members of the City Council. " Protest against this request was received from more than 20% of the land immediately adjoining the subject property. Therefore a vote of three-fourths (3/4) of the City Council shall be required to approve the requested Specific Use Permit. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. -APPLICATION FOR AMENDMENT OF THE ZONE% OrpRDAI�1�NC1E l�A BEAUMO, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESS: -I-C- 10LA 10 Y -.P i 4-h � �no�-�� 30 - (�flb0 APPLICANT'S PHONE U - -3 D- (0()(() FAX #: NAMEOFOWNER: Aitla4,C1od'An kluw-5 LLP ADDRESS OF OWNER:__ «U1 Q 9-d • em 0 U 71`�—] . LOCATION OF PROPERTY: LEGAL DESCRIPTION OF PROPERTY: LOT NO BLOCK NO. ADDITION NUMBER OF ACRES OR TRACT PLAT 11 SURVEY—D . &a �r-t� NUMBER OF ACRES—L4.1 S For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: ZONING DISTRICT REQUESTED: 0() 11 HAS THE REQUEST BEEN MADE BEFORE? k) () IF SO, DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE...........................................................$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00 5 ACRES OR MORE...............................................................$650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MADE FOR THE REQUESTED DISTRICT ORA MORE RESTRICTIVE DISTRICT. SIGNATURE OF APPLICANT: jqww A� DATE: SIGNATURE OF OWNER (IF NOT APPLICANT):_ PLEASE TYPE OR PRINT AND SUBMIT TO FILE NUMBER: DATE RECEIVED: V to - RECEIPT NUMBER: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409) 880-3764 FAX (409) 880-3133 Amberlyn Homes LLC 12410 Keith Rd Beaumont, TX 77713 409-330-3000 Rezoning Request To: Planning and Zoning Committee City of Beaumont Re: 4.78 Acres on Easley and Major Dr To whom it may concern, January 6, 2020 We are requesting to rezone the property listed above from Agriculture zoning to Multi -family zoning. . There is a lot of growth occurring all around this property and we feel this will greatly improve the community. The property next door is currently zoned multi -family. Thank you for your consideration. If you have any further questions, please do not hesitate to contact me. Best Regards, Jeff Akhtar ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED A -R (AGRICULTURAL — RESIDENTIAL) DISTRICT TO RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED ON THE WEST SIDE OF MAJOR DRIVE APPROXIMATELY 1500 FT. SOUTH OF TRAM ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned A -R (Agricultural -Residential) District to RM -H (Residential Multiple Family Dwelling -Highest Density) District for property located on the west side of Major Drive approximately 1500 ft. south of Tram Road, being Plat RS5, Tract 59, D. Easley Survey, Abstract 20, Beaumont, Jefferson County, Texas, containing 4.78 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2020. - Mayor Becky Ames - www� f t i .k ty '8 `�3 i t �� h� ��1"R _r'�'`. f y L"`r ��g- o, s� o ) Lg c •ems a={.. /KJ ti C r t`^�,.L � s y c or b rc .`� ,3-z. y�, p� M.� 1 t y- o f -_ �..k � _ ; 0. t>,aiC iC �� J r�.� • � 'rel hd ZL �a�.. .c Kf�, r`� �' P �✓.+��-- .. � e ,. , - �'i ... �' F jr L� � .,z- - _-r '__' - ` 1 ..�Lk. r L S Li t ?1c~L: SzAs mJ_ 41 s � f ~ { itit 1• a"fi v. :-}. s� �t . i a { rt � f < � { [ ' �Y i l ey lJ;tl,'lJ� f � �r i r�}• E"� v�, •. -e ` - �s E °Ir 1 c ,� 1• Let rL,Ji � r � _ "� '� - .st -� t � { �- �, $s`. \' slr- �- �, i- { �`f �' ( `�_ rC S� A �y x `r ' ;+ C,t. `• + .1 r ' 2ic ti E pp q �• r. J a 1 ; tyra . € ^�,.. [ 'i`s.:..,-- �x '*�`c�,,. 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E'4 . �ti - nz �'� - �y'flt�4 �.'^� _ � :+..: r G-A¢�t r �' +,-• i r- `'s � � 'w � �y .c, g �� i� �.k .. d. � �"� r �s "�- .�' �.�i ta�i�•� " `mac ``' <F- •,. c' �^`"' �''.�_ 2 F'1-`� +cp`•� rµ' .r' v -?x, � tS p r ''rJ 234' a [ p i. r �- 2, 1� .Z'- 'p s �. d'"t �£'...• 'S �tl. ie F 't t f Pi r a t e `Y _ ...t ,i. ��2 MJF � '� y �`' �rr-�• t�Rs, ,� � ' `Ny'- is s:..>. � � '-�'i.� y�- [. r`�`�+, 2 February 25, 2020 Consider a request to rezone the rear 200' of a property (located between 3450 and 3870 Eastex Freeway) from RM -M (Residential Multiple Family Dwelling — Medium Density) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive district BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City. Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: February 25, 2020 REQUESTED ACTION: Council consider a request to rezone the rear 200' of a property (located between 3450 and 3870 Eastex Freeway) from RM -M (Residential Multiple Family Dwelling - Medium Density) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive district. BACKGROUND Ashley Malone has requested a rezoning for the property located between 3450 and 3 870 Eastex Freeway. All but the rear 200 feet of the property is zoned GC -MD (General Commercial - Multiple Family Dwelling) District, creating a split zoning situation. The applicant would like to use the property for a new Classic Acura car dealership. Properties to the north and the adjacent property to the south are all zoned GC -MD. Although the adjacent property to the northeast is zoned RS, it is currently occupied by a school. In addition, a large vacant tract of land is located between the subject property and any classrooms. At a Joint Public Hearing held on February 17, 2020, the Planning Commission recommended 7:0 to approve the request to rezone the rear 200' of a property from RM -M (Residential Multiple Family Dwelling - Medium Density) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive district. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. APFUCATI�QN FOR ABOWDY02W OF THE ZONING ORNWANM BEAUMGNT� TEXAS: (Chapter 28, City Codes) TO: THE PLMMG coimmssloK AND MY couNP-m, ciTy of BEAummv, TEXAS APPLIC--ANTISNAME SND ADDRESSLLY-o�\pj jfta�l 0 1p-)nv AppLiCANT,,s pH63F 17AX #M0 5 ADDRESS OFOWNER : L0CAnO9OFPR0P1BkTY, }dwv-A LEGAL BE, SC TION M RX02ERTY: LOT NO. OR TRACT ,33, 3 Btoexcllft PLAT ADDITION sukvE-f FACRE For proportlesnot in a recoyded subi&igi6a, subjiijt a copy oh mTfralt§llfvdy-okplqt p1lowlDolle pAportfes., proposed to be changed, and a owiplote-logil field note dogeriptim. CURRENT ZOMIG-DISTUCM ErAs THE nQugsTBBwmADR-BEFokBj �AO 'IF-'S0,D&E: APTION: SUB MT-�'LETTXR STATING REASONS FOR REQUMT. ATTACH TBE .APPROMATP, APPLIcAnow r-F.E-, LESS MAN 112 ACRE ............. ...... — ............... 1/2 -ACRE OR MORE AND LESS THM 5 AMES .............$450.0.0 5 AMSORMORI� ........ .i;, ............. ........ t ....... . .... T HEREBY ACKNOWLEDOB THAT THE APPLICATION IS MADE FOR THE JZAQtj.RSTED DISTRICT OR A MORE P33STkjCTjVj3 IYYSTRICT, .SrGNATUR-B Cr SIGNATURP, 6# PLEASE-TYAB.0 > lLg-NUMBER' V Z DATETWGL� D RECEIPT -MWIM3 ,, C-lTY-HAtL, 801 MA114 STI HAT BiMMONT, TX --.17.701 IT-IO..'BOX -3,847 77704 A -i (409) 880-31331 LAV CONSTIMUCTIUMLIC GENERAL CUUMTRACTOR ...help ng build your future today. Planning Division, Room 201 November 20, 2019 Katrina Purcell - City Hall 801 Main Street Beaumont, Texas 77704 (409) 880-3764 Re: Application for Amendment of the Zoning Ordinance — Classic Acura, Beaumont, TX To Whom it may Concern: Please let this letter represent my request to rezone our future site location for a Classic Acura car dealership in Beaumont, TX. Our property is currently in 2 zoning districts; the back of the property is Residential/Multi-Family and the front is GCMD. Our request is -to rezone the Residential/Multi-Family to match the GCMD.. Please see the attached legal description and application. Respectfully Submitted, . 4:�AAVAP"w Ashley Malone Design Coordinator Thi P.D. IR®IX 5390 MEN, TH 757` 2 9®3.592:�3�l5' Fri ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM -M (RESIDENTIAL MULTIPLE FAMILY DWELLING -MEDIUM DENSITY) DISTRICT TO GC -MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED BETWEEN 3450 AND 3870 EASTEX FREEWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RM -M (Residential Multiple Family Dwelling - Medium Density) District to GC -MD (General Commercial -Multiple Family Dwelling) District for property located between 3450 and 3870 Eastex Freeway, being Plat D14, the rear 200 feet of Tracts 33, 34 & 53, A. Williams Survey, Beaumont, Jefferson County, Texas, containing 5.15 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Cct-tinn d That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2020. - Mayor Becky Ames - 3 February 25, 2020 Consider a request for a Specific Use Permit for to allow a cell tower in a GC -MD (General Commercial - Multiple Family Dwelling) District at the rear of 5580 Cole Street BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: February 25, 2020 REQUESTED ACTION: Council consider a request for a Specific Use Permit for to allow a cell tower in a GC -MD (General Commercial - Multiple Family Dwelling) District at the rear of 5580 Cole Street. BACKGROUND Lou Katzerman representing TVTI, L.L.C., D.B.A. Tower Ventures proposes to construct a one hundred eighty (180) foot cellular tower at the rear of 5580, Cole Street. The proposed tower will be a monopole designed to support four (4) antenna arrays allowing for colocations in the future. No City utilities will be required at the unmanned site. Access to the site will be via an easement from Rosedale Drive. The applicant states that a six (6) foot wooden fence will be constructed around the lease area to conceal the ground equipment. In addition, they propose a ten (10) foot wide landscaped buffer on all four (4) sides of the site. Historically, these items have been required by the Planning Commission for cell tower sites. At a Joint Public Hearing held on February 17, 2020, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit for to allow a cell tower in a GC -MD (General Commercial - Multiple Family Dwelling) District with the following conditions: 1. Provide a copy of the recorded access easement and lease agreement. 2. The driveway approach shall be reconstructed to meet the city's driveway standards. 3. A six foot wood or masonry fence to be constructed 10 feet inside the perimeter edge of the lease site with a solid gate. 4. The landscaped buffer should include either one (1) class A or two (2) class B trees for each twenty-five linear feet of the perimeter of the tower site and shrubs save and except for the gated area. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. . Provide a copy of the recorded access easement and lease agreement. 2. The driveway approach shall be reconstructed to meet the city's driveway standards. 3. A six foot wood or masonry fence to be constructed 10 feet inside the perimeter edge of the lease site with a solid gate. 4. The landscaped buffer should include either one (1) class A or two (2) class B trees for each twenty-five linear feet of the perimeter of the tower site and shrubs save and except for the gated area. SPECIFIC USE PERMIT APLICAIO UEtUMO rg TEXAS (ChWer 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: TVTI LLC. , DBA Tower Ventures C/O Lou Kaitzerman APPLICANT'S ADDRESS: 495 Tennessee Street Su te:152 Memphis, TN 38103 APPLICANTS PHONE #: 901-239-3392 FAX #: Iota@towerventures.com NAME OF PROPERTY OWNER: ®IAC Construction LLC C/O Dawn Cocke ill ADDRESS OF PROPERTY OWNER PC Box 3532 Beaumont, ii 77704 LOCATION OF PROPERTY- 5530 We RD (bear, off of Rosedale R®) Beaumont, TX 77703 LEGAL IlDRSC=TTORI OF PROPERTY: LOTNO. OR TRACTProperlya ID # 97752 BLOCKNO. PLAT l ® 0055900-000-001700°00000-11 ADDITION SURVEY NUMBER OF ACRES _ NUMBER OF ACRES 2"0 For properties not im a recorded subdivision, Submit s 20py Of a meant survey or plat showing the paroperdes proposed for a spredf e- use perrmi4 sand a complete legsal i leW note desmip4¢on. PROPOSED VSE:150 FT Monopole Cell Tower and related ground equipment ZONE, CG -MD ATTACH A LETTER describing all proeessem and activities involved with the proposed uses. ATTACH A SITE PI AN drawn to scale with the information listed on the tog back side of this sheet. ATTACH A RE DLTCEI D 8 !°' 931110 PHOWCOPY OF THE SETCE ]PLAN. THE MGHT CONDITIONS listed on the back side of this sheet must be mgt before City Council can grant a spxifie use permit. ]PLEASE ADDRESS EACH CON DD7PTtON IN IlDIETAEL.. ATTACH T= APPROPRIIATTE APPLICATION FEE. - LESSTHM Y1 ACRE.................................................................$250.00 %s ACRE OR MORE ARID LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE.............................................:.....................$650.00 1, being the undersigned applicant, understand that all 11 conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and ity Council. SIGNATURE OF APPLICANT le�' •� �m" "�=�m- _- DATE 111 312020 a. _ SIGNATURE OF PROPERTY OVMER: DATE: s f - PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BIEAUMONT PLANNING DIVISION 80I MAIN STREET, ROOM 201 y� @ BEAUMONT, TX 77701 FILE NUMBER:— G''Z<% l` ' �b�° Phone - (409) 880-3764 Fax - (409) 880-3110 PLEASE MAKE NOTE ON REVERSE SIDB OF CONDITIONS TO BE MET REGARDING THE Sift PLAN AND LEITER OF PROPOSED USES AND ACTIVXTM-S. TVT I, LLC - Tower Ventures Phone: 901244-4017 495 Tennessee Street Suite: 152 Memphis, TN 38103 City of Beaumont Planning Dept. January 141' 2020 C/O Ms. Adina Josey, Senior Planner 810 Main Street Suite: 210 Beaumont, TX 77701 RE: (TX -1051; Beaumont Rosedale) Letter of Intent- for a One Hundred Eighty Foot (180') Monopole Communications Tower at 5580 Cole RD (rear) Beaumont, TX 77708, (Property ID # 97752) Dear Ms. Josey: TVT I LLC (Tower Ventures), 495 Tennessee Street, Suite: 152 Memphis, TN 38103 proposes to construct a One Hundred Eighty Foot (180') CMCS tower at 5580 Cole RD (rear) (Property ID #97752) Beaumont, TX 777087he tower will be a Monopole design. It will be built to support cellular communications and wireless data services. Since we kindly allow and seek colocations, the proposed tower will be designed to support four (4) antenna arrays. The tower will be equipped with a climbing apparatus. Site equipment will be placed in a Lease area of 50' x 50'. A 6' (six foot) wooden fence will be constructed around the lease area to conceal the ground equipment. The Compound Gates will be chain link with concealment slats. We are proposing building 10 R wide landscape screens on all four sides of the Tower site (save for the gated area). The proposed tower is to be located on a large commercial parcel that is surrounded by commercial uses on all sides of the subject parcel. The compound will have its own dedicated access, along with a parking space. There is a need for improved cellular coverage in this area of Beaumont. The heavy traffic along Eastex Freeway and area that surrounds the Parkdale Mall, will greatly benefit from this tower. The site will add needed data capacity and clear up adjacent cell site congestion. In short, the proposed tower will transmit directly into the Mall. The Southern Broadband Team has provided a Letter of Need along with before and after coverage maps. Please see this information in Section Number Nine of this application. They will also be a tower tenant. The Cellular Equipment planned for the proposed tower cannot be accommodated on any existing structures because there are no appropriate existing structures or pending structures to accommodate the planned equipment, considering, among other factors, the licensees' system requirements. Therefore, the proposed tower is needed so that the licensees can provide better cellular coverage and can improve its E911 emergency services network. The citizens of Beaumont, TX benefit each time a licensee expands its network coverage because each site enhances the licensee's ability to provide emergency response services. TVT I, LLC Tower Ventures, appreciates the City of Beaumont Planning Department's consideration of this application. Please contact Te at (901) 244-4017 if you have any questions concerning this application. Many thanks. Sincerely, I Lou Katzerman Site Acquisition and Zoning Manager TVT I, LLC - Tower Ventures Phone: (901)244-4017 lou (a)towerventures. com EESECTION04.001, ZONINCr ORDINANCE REQUIRES THATTHESE EIGHT CONDITIONS MUST BEMETBEPOU A EPERMITCANBEISSUED. please explain how the proposed project will comply with each of these Conditionsin n: That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; The area around the prosed tower is commercially zoned, C -G. The tower is too far from any residential to impact any existing housing. Site is designed to provide coverage to the Mall, Eastex Freeway, and the other commercial areas around tower. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Again, this is a commercial area. Tower is in the rear of the subject tract. Being in the rear, with its own access, the rest of the commercial property is left for other future development, unaffected by the proposed tower. o That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; Cell towers need very little utilities. Most only require electric power. No water or gas required. The average usage per carrier who locates their equipment on a tower is much less than say a residential home. We have included a drainage plan in our site plan. The site plan also illustrates a separate vehicle access for the tower. Access will be gated and locked for security. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development; The Tower has its own dedicated access road. Towers, on an average, are visited once a month per carrier. Or, unless something breaks. In all, towers generate very little vehicle traffic to any given location. Very little or no traffic impact on the surrounding or adjacent properties. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Towers traditionally do not emit odors, noise, fumes, dust or vibrations. Towers are a quit neighbor. o That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; Since the proposed tower is less than 200ft, the FAA should not require tower to be lighted. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and Please see the site plan. We have added a ten -foot -wide landscaping screen, on all four sides of the proposed tower compound. Save for the compound gates. We are always open to adding additional landscaping if needed. We take pride in how our sites look. 01 stat the pm—posed use is in scoordance with; the Comprehemive Plan, In today's world, cell towers are simply an extension of utilities. Any new development needs, power, water, gas and cable TV access. Towers are no different. Because the proposed tower is a utility use, new tower development uses are in accordance with the Comprehensive Plan. )1 � ROW m pr sraxC ww IX txmwn: ¢' •I miaw, _-III=I�" y-,�I I CT yl-,! jl' nuisl auD[ �AM1M Yx[ Ox�1amED w�ax0 iDDIr1 uAla wsluc�/Pnd�sID �=1" �,T_'r•; : = mmAertD W, stw[ - ...:.:. uDNI fDDDn maAADaw L ;'ij':T;;J`• i[ y`.:C PNDcmnsr pnoAcm TPiGL id aMF laCE MG D¢xart aD[/!DA r➢ eE (� Yyp[gp� [wD%L7 aC l` r tmvnaioa Daarc sloevlev/ 'r CROWNED DRIVE-PROPOSED ACCESS DRIVE xN: - i "E OF TF • '' k COMPOUND BASE DETAIL NDTTD ¢GALE ACCESS DRIVE DETAIL NDTTO SGIf � "• �fYA%0.C� i v>� > FIswL flONAL 6rA0 tittmen pI�IEI LEGEND ;j �]]] 64Lwa WMEFENLE AACNM4T � sF— PADPDSm 9LT RN6 [all - - �CiNP9m ANG '- —•.,� rmmlD I�IADN mwNN p smNwnd (Nnn !•,-; • TOPaaRY s®Nq m-a�' —wa— PnaP➢sm comun . E"( — ¢' Mdend O! 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MA9aAIX [— N N— [� /T +\ ELKr mnasr d INr YA,aDl 94IA61ETd mud TNIARe MAT nD,DxE YN IAD m,i [4 IAu N A wr MAT vnnnws DUadO NDANI ![DN DP u0 dm wale wars-r-rrA,s ms wr Tro wEs9x4 AIXM AMD/d 6r f o= .wY YN3M6 Y[m To TRN 9¢IYWL PNwlDlmm Iv,m J msrwD lwa: (rn� I _ _ fro uA parvml "^ •' I GRAPNICSCALE ADDe DMMND BY: I \ o' s' lo' D nM Co CRUSHED STONE CONSTRUCTION EXIT fro GRADING PLAN [ , ¢G� ­W GRADING & EROSION CONTROL PLAN �11YOQC 3 OF 3 Cue:I+•,DlxAxzDl TVT I. ITC - Tower Ventures Phone: 901244-4017 495 Tennessee Street Suite: 152 Memphis, TN 38103 January 14', 2020 City of Beaumont Planning Dept. C/O Ms. Adina Josey, Senior Planner 810 Main Street Suite: 210 Beaumont, TX 77701 RE: (TX -1051; Beaumont Rosedale) Proposed 'Power Conditions -.for a One Hundred Eighty Foot (180') Monopole Communications Tower at 5580 Cole RD (rear) Beaumont, TX 77708, (Property ID # 97752) Dear Ms. Josey: 5580 Cole RD - Proposed Tower Conditions: 1) One Hundred Eighty -foot (180') "Mono -pole" CMCS Designed for Four (4) sets of Full Antenna Arrays 2) Six-foot (6') wooden site -proof Fence. 3) Chain link Gates with privacy slats. 4) A 50 ft x 50 ft Tower Lease Area. 5) Landscaping screens will be built on all four of the tower compound sides (Save for the gated area). 6) One Dedicated Parking Space. 7) Access will run north from site, back to Rosedale RD. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO CELLULAR TOWER IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT THE REAR OF 5580 COLE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Lou Katzerman, on behalf of TVTI, L.L.C., d/b/a D.B.A. Tower Ventures, has applied for a specific use permit to allow a cellular tower in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at the rear of 5580 Cole Street, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a cellular tower in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at the rear of 5580 Cole Street, subject to the following conditions: ;and, • Provide a copy of the recorded access easement and lease agreement; • The driveway approach shall be reconstructed to meet the city's driveway standards; • A six foot wood or masonry fence to be constructed 10 feet inside the perimeter edge of the lease site with a solid gate; • The landscaped buffer should include either one (1) class A or two (2) class B trees for each twenty-five linear feet of the perimeter of the tower site and shrubs save and except for the gated area WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a cellular tower is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a cellular tower in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at the rear of 5580 Cole Street, as described in Exhibit "A" and shown on Exhibit "B," is hereby granted to TVTI, L.L.C. d/b/a D.B.A. Tower Ventures, its legal representatives, successors and assigns, as shown on Exhibit "C," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Provide a copy of the recorded access easement and lease agreement; • The driveway approach shall be reconstructed to meet the city's driveway standards; • A six foot wood or masonry fence to be constructed 10 feet inside the perimeter edge of the lease site with a solid gate; • The landscaped buffer should include either one (1) class A or two (2) class B trees for each twenty-five linear feet of the perimeter of the tower site and shrubs save and except for the gated area. 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 "C" and made a part hereof for all purposes. Ccrrfinn'A 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 25th day of February, 2020. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES TOWER LEASE BEING a 0.057 acre (2,500.03 square feet) tract of land situated in the Thomas Spear Survey, Abstract No. 50, being out of a called Tract I and Tract II, described in deed to DRC Construction LLC., recorded in Instrument No. 2018033410, Deed Records, Jefferson County.- Texas, ounty;Texas, and being more particularly described by metes and bounds as follows; COMMENCING at a found 1/2" iron rod at the northwest corner of said Tract I and the northeast corner of Tract II, situated on the northwest line of Rosedale Drive (60.5' public right-of-way); THENCE South 67° 23'55" West for a distance of 25.01 feet to a set 1/2" iron rod for the POINT OF BEGINNING; THENCE North 89° 0 P 13" East passing the common boundary line of Tract I and Tract II at a distance of 10.86 feet, and continuing for a total distance of 50.00 feet to a point for corner; THENCE South 00° 58'47" East for a distance of 50.00 feet to a point for corner; THENCE South 89° 01' 13" West passing the common boundary line of Tract I and Tract H at a distance of 6.30 feet, and continuing for a total distance of 50.00 feet to a point for corner; THENCE North 00° 58'47" West a distance of 50.00 feet to the POINT OF BEGINNING, and containing 0.057 acre (2,500.03 square feet) of land, more or less. ACCESS AND UTILITY EASEMENT BEING a 0.032 acre (1,399.32 square feet) tract of land situated in the Thomas Spear Survey, Abstract No. 50, being out of a called Tract I and Tract II, described in deed to DRC Construction LLC., recorded in Instrument No. 2018033410, Deed Records, Jefferson County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING at a found 1/2" iron rod at the northwest corner of said Tract I and the northeast corner of Tract II, situated on the northwest line of Rosedale Drive (60.5' public right-of-way); THENCE South 670 23'55" West for a distance of 25.01 feet to a set 1/2" iron rod for corner, being the northwest corner of the described Tower Lease; THENCE North 89° 01' 13" East passing the common boundary line of Tract I and Tract II at a distance of 10.86 feet, and continuing for a total distance of 50.00 feet to a point for corner, being the northeast comer of the described Tower Lease; THENCE South 00° 58'47" East along the east line of said Tower Lease for a distance of 15.00 feet to a point for the POINT OF BEGINNING; THENCE North 89° 01' 14" East leaving the east line of said Tower Lease for a distance of 25.86 feet to a point for corner; EXHIBIT "A" THENCE North 44° 01' 42" East for a distance of 8.69 feet to a point for corner; THENCE North 00° 58' 18" West to said right-of-way for a distance of 18.85 feet to a point for corner; THENCE North 89° 01'42" East along said right-of-way for a distance of 20.00 feet to a point for corner; THENCE South 00° 58' 18" East leaving said right-of-way for a distance of 27.14 feet to a point for corner; THENCE South 44° 0l' 42" West for a distance of 25.25 feet to a point for corner; THENCE South 89° 0l' 14" West to the east line of said Tower Lease for a distance of 34.14 feet to a point for corner; THENCE North 00° 58'46" West along the east line of said Tower Lease a distance of 20.00 feet to the POINT OF BEGINNING, and containing 0.032 acre (1,399.32 square feet) of land, more or less. 409-P: Request for a Specific Use Permit to allow to allow a cell tower in a GC -MD General Commercial - Multiple Family Dwelling) District. Applicant: TVTI L.L.C., D.B.A. Tower Ventures c/o Lou Katzerman Location- 5580 Cole Street 0 100 200 I i I I Feet EXHIBIT "B" FORESITE % [°aixla MHAT \ ROSEDALEDR m .BmB awa qh moi'Kmo�t 7 <'r wrnvc BrnaT Bxrn . ooB m u B uwB I° 2 q ' I ti 1 Br.r (ss sxa[ix or a rox onus) ° aS A o-4 _ _ u} s � r '7-ti�� � \ �.'• £OF TFC. r_r • c u I���__ a"cc°Pss°s oaavr"rn \\ �e�H��°o��" }•oumx° O o o.o a p oo —o 0�0 I � �hW,�d}OHe�£N maw uum m'e�rci w u° \, / mows eBue"�wxxsr: ,.oimAa xa ea + \ .[armsox cm aw. ansa � / d d/ } \ / i / /d/// G /d d 41 llp d d/ \ / \ \ m d /d d d Tf m ° oAa osum r°z Bcxcu BMXxB BM JIP fl' 15' JO' a �B ]oxo ar• ^ }'•]°' OVERALL SITE PLAN OVERALL SITE PLAN ' �"1 OF 3 360.0 eea•ose °mxa,wn°n £ do z �aoon x m a NV'Id 3115 ONINOZ d dvacnl arra d1f ,d °Nurtla blpn�sl �uttW N3 YVNWpdd ,3 ny`` o'kN�'r � sssoet� f dVW A11NIDIA Iaxxauai�aanaa NV"Id 311S 03DHV-IN3 . a., � aI•.I mrx am. �t caul vn1 awtsaa -•Ini -- fuvwam»— — — — — — — — tiL ®may eras axnnra I ,p sxs oaowne 01NdtlHD '-. �•:...•.-...} I O O O O O O O O O try �.-• I O - --, a '1 vly Vx/m�°¢laae�eN �13 131 —17 .�o // � c1.;i•_'--i'l-zt-;.--_;�'^ .�S_':.,1'j "momne � lO • I _' .\.415! 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February 25, 2020 Consider an ordinance denying the rate increase request of CenterPoint Energy filed on November 14, 2019 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: February 25, 2020 REQUESTED ACTION: Council consider an ordinance denying the rate increase request of CenterPoint Energy filed on November 14, 2019. BACKGROUND On November 14, 2019, CenterPoint Energy ("CenterPoint") filed its Statement of Intent to increase rates within the City of Beaumont and other cities in CenterPoint's Beaumont/East Texas service area. On December 3, 2019, by Ordinance No. 19-081, the City Council acted to suspend the effective date of the requested increase. The suspension was to allow time for the City to review the request and make an informed recommendation to the Council as to what the ultimate decision would be with regard to the increase. The request has been evaluated and it is the recommendation of the cities rate attorneys and consultants that the requested increase be denied at this time. The primary reasons for the recommendation results from the Company's requested return on equity and the Company's depreciation study. The Company is requesting a 10.4% return on equity which is well above what has been approved recently for comparable utilities. A more reasonable return on equity is 8.75%. The other primary concern is that the Company's depreciation study is five years old. Typically, depreciation studies are conducted just prior to the filing of a rate case so that the resulting rates will be based on an accurate and current assessment of the Company's invested capital. Given the age of the depreciation study, it is the opinion of the consultants that the Company's request to increase its depreciation expense is not based on an accurate representation of the Company's invested capital and therefore, the Company has failed to show that its requested depreciation rates are just and reasonable. Denial of the request will allow for an appeal to the Railroad Commission, FUNDING SOURCE All reasonable expenses associated with rate cases are reimbursable by the Company. RECOMMENDATION Approval of ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS DENYING THE STATEMENT OF INTENT OF CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS TO INCREASE RATES IN THE BEAUMONT/EAST TEXAS DIVISION; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE FOR THIS ORDINANCE. WHEREAS, on or about November 14, 2019, CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or "Company") filed a Statement of Intent with the City of Beaumont ("City") to increase gas rates in the Beaumont/East Texas Division Service Area by $6.816 million per year; 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; WHEREAS, in order to exercise its exclusive original jurisdiction and properly review the requested rates, it was necessary for the City to suspend CenterPoint's proposed effective date for 90 days; and, WHEREAS, the City retained the Lawton Law Firm, P.C. to review CenterPoint's rate request and make necessary rate recommendations to the City; and, WHEREAS, the Lawton Law Firm recommended that the City deny the requested Statement of Intent. The Company's requested rate of return and capital structure is inconsistent with that of similarly -situated gas distribution utilities, and the Company's requested depreciation rates rely on a depreciation study that is five years old and therefore is not representative of the Company's current invested capital. As such, the Company has failed to show that its requested rates are just and reasonable; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: SECTION 1. The statements set out in the preamble to this ordinance are adopted herein as if set forth herein. SECTION 2. CenterPoint's Statement of Intent to Increase Rates in the Beaumont/East Texas Service Area is denied. SECTION 3. The Company shall maintain its current rates under its currently approved rate schedules. SECTION 4. The Company shall promptly reimburse the City's rate case expenses, as provided by GURA § 103.022(a). SECTION 5. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Chapter 551. SECTION 6. This ordinance shall be effective immediately on passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2020. - Mayor Becky Ames - ATTEST: Tina Broussard, City Clerk February 25, 2020 Consider a resolution acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits or private activity bonds and authorizes the developer to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for a proposed Housing Tax Credit (HTC) project known as Virginia Flats, located at 2250 W. Virginia, and offering expressed support for the project and a Commitment of Development Funding by the City BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager i PREPARED BY: Chris Boone, & Community Development Director MEETING DATE: February 25, 2020 REQUESTED ACTION: Council consider a resolution acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits or private activity bonds and authorizes the developer to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for a proposed Housing Tax Credit (HTC) project known as Virginia Flats, located at 2250 W. Virginia, and offering expressed support for the project and a Commitment of Development Funding by the City. BACKGROUND Beaumont 2250 W Virginia, LP. has applied to the Texas Department of Housing and Community Affairs (TDHCA) for funding to redevelop Virginia Flats, a one hundred -ten (110) unit rehabilitation project, located at 2250 W. Virginia. On February 4, 2020, a Work Session was held to review the three (3) proposed projects seeking support. As discussed during the Work Session, the City Council has the following options for each of these projects: 1) Allow none of the applications to move forward by declining to acknowledge that Beaumont has more than twice the state average of subsidized housing units within the city. 2) Allow all or some of the applications to move forward acknowledging that Beaumont has more than twice the state average of subsidized housing units within the city. 3) Encourage the.success of all or some of the projects by offering specific support for one or more projects. 4) Encourage the success of all or some of the projects by offering financial support in the form of a $500 permit fee waiver. Relevant Development Information as Presented by the Applicant: Project Number: 20316 Development Name: Virginia Flats Development Address: 2250 W Virginia St Development Zip: 77705 Region: F75 Development City: Beaumont Regional Allocation: Urban Target Population: General Set Aside: ❑ Nonprofit ❑ USDA ❑ At -Risk Construction Type: AcglRehab Credit/ Funding Request: F7= $903,789 Total Low Income Units: 110 Total Market Rate Units: ❑ Total Units: 110 ADlllicant Information: Owner Contact: IBobken Simonians Owner Address: 9 Greenway Plaza, Suite 1250 Owner City: Houston Owner State: JTX Owner Zip: 77046 Owner Phone: 832-941-5342 Owner Email: apDs(�itexgrp com `t �� Ov SruNp TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 221 East 11th Street, Austin, TX 78701 Main Number. 512-475-3800 Web: inw o tdhca.statee.tx. s us PO Box 13941, Austin, TX 78711 Toll Free; 1-800-525-0657 Equal opportunity Employer/Program. Auxiliary aids and services are available upon request to individuals with disabililies. Relay Texas: 800-735-2989 (lTy) and 711 (Voice). RESOLUTION NO. A RESOLUTION SUPPORTING THE SUBMISSION OF AN APPLICATION BY BEAUMONT 2250 W VIRGINIA, LP FOR COMPETITIVE 9% HOUSING TAX CREDITS AT 2250 W VIRGINIA ST, BEAUMONT, TEXAS 77705, AUTHORIZING AN ALLOCATION OF HOUSING TAX CREDITS FOR THE APPROVAL OF THE NEW CONSTRUCTION OF THE DEVELOPMENT AND AUTHORIZING A COMMITMENT OF DEVELOPMENT FUNDING IN THE FORM OF A GRANT OR REDUCED FEES. WHEREAS, Beaumont 2250 W Virginia, LP has proposed a development for affordable rental housing at 2250 W. Virginia St. named Virginia Flats, TDHCA Application No. 20316 in the City of Beaumont, County of Jefferson; and WHEREAS, Beaumont 2250 W Virginia, LP has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2020 Competitive 9% Housing Tax Credits for Virginia Flats; and WHEREAS, Beaumont 2250 W Virginia, LP requests a commitment of development funding in the amount of Five Hundred Dollars and Zero Cents ($500.00) in the form of a grant or reduced fees. It is hereby RESOLVED, that the City of Beaumont, acting through its governing body, hereby confirms that it supports the proposed Virginia Flats located at 2250 W Virginia St, Beaumont, Texas 77705 with TDHCA Application No. 20316, and that this formal action has been taken to put on record the opinion expressed by the City on=, , and FURTHER RESOLVED, that the City of Beaumont, acting through its governing body, hereby approves a commitment of development funding to Virginia Flats at 2250 W Virginia St, Beaumont, Texas 77705 with TDHCA Application No. 20316 in the amount of Five Hundred Dollars and Zero Cents ($500.00) in the form of a grant of reduced fees, and FURTHER RESOLVED that for and on behalf of the Governing Body, (name, position of auth©r'rTIM person are hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs. Beaumont 2250 W Virginia, LP Attn: Bobken Simonians 9 Greenway Plaza, Suite 1250 Houston, TX 77046 Re: Commitment of Funding for Virginia Flats at 2250 W. Virginia Street, Beaumont, Texas 77705 with TDHCA Application No. 20316 Dear Mr. Simonians, On [Month, Day , 2020, the City of Beaumont approved Resolution No. M to provide financial support to the Enclave on College development located at 2250 W. Virginia Street, Beaumont, TX 77705 with TDHCA Application No. 20316. Per Resolution No. f,# , the City of Beaumont will make a contribution of Five Hundred Dollars and Zero Cents ($500.00) toward the construction of Virginia Flats in the form of a grant or reduced fees. Attached is the resolution that has been approved by City Council. If you have any questions or concerns; please contact me at [ hone- or M,]. Sincerely, RESOLUTION NO. WHEREAS, Beaumont 2250 W Virginia, L.P. has proposed a development for affordable rental housing at 2250 W. Virginia Street, named Virginia Flats in the City of Beaumont, County of Jefferson, Texas; and, WHEREAS, Beaumont 2250 W Virginia, L.P. has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2019 Housing Tax Credits for Virginia Flats; 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, SECTION 1. As provided for in §11.9(d)(2) of the Qualified Allocation Plan, the City of Beaumont will commit to provide up to $500 of in-kind contributions for the development of Virginia Flats, which may be in the form of fee waivers, infrastructure improvements or other in-kind contributions deemed beneficial to the City for future development. Specific in-kind contributions will be determined at a later date. SECTION 2. As provided for in §11.3(c) of the TDHCA Qualified Allocation Plan, it is expressly acknowledged, and confirmed 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. SECTION 3. The City of Beaumont hereby supports the proposed new Virginia Flats development, and confirms that its governing body votes specifically to approve the construction of the development and to authorize an allocation of Housing Tax Credits for this development pursuant to Tex. Gov't Code §2306.6703(a)(4). SECTION 4. The City of Beaumont, TX, acting through its governing body, hereby confirms that it is exclusively supporting in the TDHCA 2019 Competitive Tax Credit Application Cycle in the At -Risk Funding Pool, the proposed Virginia Flats to be located at 2250 W. Virginia Street, Beaumont, Texas 77705 with the TDHCA Application and that this formal action has been taken to put on record the opinion expressed by the City of Beaumont, TX at its regularly scheduled Council Meeting on February 25, 2020, at which a quorum was present. SECTION 5. For and on behalf of the Governing Body, Mayor Becky Ames is hereby authorized, empowered, and directed to certify this resolution to the Texas Department of Housing and Community Affairs. 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 25th day of February, 2020. - Mayor Becky Ames - 01 February 25, 2020 Consider a resolution acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits or private activity bonds and authorizes the developer to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for a proposed Housing Tax Credit (HTC) project known as Beaumont Trails, located at the southwest corner of Spindletop Square and North 13th Street and offering expressed support for the project and a Commitment of Development Funding by the City BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager 4:�f 13 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: February 25, 2020 REQUESTED ACTION: Council consider a resolution acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits or private activity bonds and authorizes the developer to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for a proposed Housing Tax Credit (HTC) project known as Beaumont Trails, located at the southwest corner of Spindletop Square and North 13th Street and offering expressed support for the project and a Commitment of Development Funding by the City. BACKGROUND Trinity Beaumont Trails, LP has applied to the Texas Department of Housing and Community Affairs (TDHCA) for funding to develop Beaumont Trails, an eighty (80) unit senior project, located at southwest corner of Spindletop Square and N 13th Street. On February 4, 2020, a Work Session was held to review the three (3) proposed projects seeking support. As discussed during the Work Session, the City Council has the following options for each of these projects: 1) Allow none of the applications to move forward by declining to acknowledge that Beaumont has more than twice the state average of subsidized housing units within the city. 2) Allow all or some of the applications to move forward acknowledging that Beaumont has more than twice the state average of subsidized housing units within the city. 3) Encourage the success of all or some of the projects by offering specific support for one or more projects. 4) Encourage the success of all or some of the projects by offering financial support in the form of a $500 permit fee waiver. Relevant Development Information as Presented by the Applicant: Project Number: 20232 Development Name: FBeaum;;o;ntTrailsDevelopment Address: Spindletop Sq and N 11th St Development City: Beaumont Development Zip: 77703 Region: ❑ Regional Allocation: Urban Target Population: Elderly Set Aside: ❑ Nonprofit ❑ USDA ❑ At -Risk Construction Type: New Construction Credit! Funding Request: $903,789 Total Low Income Units: Em80 Total Market Rate Units: ❑ Total Units: 80 Applicant Information: Owner Contact: (Michael Fogel Owner Address: Po Box 41326 Owner City: Austin Owner State: JTX Oumer Zip: 78704 Owner Phone: 713-409-0211 Owner Email: Imfogel(cDtrinityhousinodevelopment.com RSC iyS�=1V I— .,�� OPPoRTIINfIY TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 221 East 11th Austin, TX 78701 Main Number. 512-475-3600 Email: info@tdhra.state.tx.us web: www.tdhca.state.tx.us PO Box 1394141,, Austin, TX 78711 Toll Free: 1-800-525-0657 Equal Opportunity EmployedProgram. Auxiliary aids and services are available upon request to individuals Ath disabilities. Relay Texas: 800-735-2989 (TTI) and 711 (Voice). CITY OF BEAUMONT, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS REGARDING THE BEAUMONT TRAILS DEVELOPMENT FOR SUPPPORT WHEREAS Trinity Beaumont Trails, LP has proposed a development for affordable rental housing at the SWC of Spindletop Square and N 13th Street, named Beaumont Trails in the City of Beaumont; and WHEREAS, there is a need for affordable housing for Beaumont citizens of modest means, and WHEREAS, Trinity Beaumont Trails, LP intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2020 Low Income Housing Tax Credit Program funds for Beaumont Trails (TDHCA #20232), and WHEREAS, that as provided for in the Qualified Allocation Plan, it is expressly acknowledged and confirmed 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 and WHEREAS, Beaumont Trails will be an age -restricted development meaning all residents must be age 55 or older. WHEREAS, The City, acting through its governing body, hereby approves a commitment to the Applicant of funding assistance in the amount of $500.00 in the form of a loan, grant, reduced fees or contribution of other value for the benefit of the Housing Community, which contribution is conditioned on an award of Housing Tax Credits to the Applicant RESOLVED, that as provided for in § 11.3 (c) of the Qualified Allocation Plan, it is expressly acknowledged and confirmed 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 and FURTHER RESOLVED, that the City of Beaumont hereby supports the proposed Beaumont Trails and confirms that its governing body has voted specifically to approve the construction or rehabilitation of the Development and to authorize an allocation of Housing Tax Credits for the Development pursuant to Tex. Gov't Code §2306.6703(a)(4), and FURTHER RESOLVED that for and on behalf of the Governing Body, [name, position of authorized person] are hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs. Mayor ATTEST: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS REGARDING THE BEAUMONT TRAILS DEVELOPMENT FOR SUPPORT. WHEREAS, Trinity Beaumont Trails, LP has proposed a development for affordable rental housing at the SWC of Spindletop Square and N 13th Street, named Beaumont Trails in the City of Beaumont; and, WHEREAS, there is a need for affordable housing for Beaumont citizens of modest means; and, WHEREAS, Trinity Beaumont Trails, LP intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2020 Low Income Housing Tax Credit Program funds for Beaumont Trails (TDHCA #20232); and, WHEREAS, that as provided for in § 11.3 (c) of the TDHCA Qualified Allocation Plan, it is expressly acknowledged and confirmed 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; and, WHEREAS, Beaumont Trails will be an age -restricted development meaning all residents must be age 55 or older; and, r WHEREAS, The City, acting through its governing body, hereby approves a commitment to the Applicant of funding assistance in the amount of $500.00 in the form - of a loan, grant, reduced fees or contribution of other value for the benefit of the Housing Community, which contribution is conditioned on an award of Housing Tax Credits to the Applicant; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the findings of the City and its actions approving this resolution taken at the council meeting are hereby approved and adopted; and, THAT as provided for in §11.3(c) of the Qualified Allocation Plan, it is expressly acknowledged and confirmed 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; and, BE IT FURTHER RESOLVED THAT the City of Beaumont hereby supports the proposed Beaumont Trails and confirms that its governing body has voted specifically to approve the construction or rehabilitation of the Development and to authorize an allocation of Housing Tax Credits for the Development pursuant to Tex. Gov't Code §2306.6703(a)(4) & (5); and, BE IT ALSO RESOLVED THAT as provided for in §11.9(d)(2) of the TDHCA Qualified Allocation Plan, the City of Beaumont will commit to provide up to $500 of in- kind contributions for the development of Beaumont Trails, which may be in the form of fee waivers, infrastructure improvements or other in-kind contributions deemed beneficial to the City for future development. Specific in-kind contributions will be determined at a later date; and, BE IT ALSO RESOLVED THAT for and on behalf of the Governing Body, Mayor Becky Ames is hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs. 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 25th day of February, 2020. - Mayor Becky Ames - ATTEST: Tina Broussard, City Clerk 6 February 25, 2020 Consider a resolution acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits or private activity bonds and authorizes the developer to submit an application to the Texas Department of Housing and Community, Affairs (TDHCA) for a proposed Housing Tax Credit (HTC) project known as the Enclave on College, located at 6005 College, and offering expressed support for the project and a Commitment of Development Funding by the City BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: February 25, 2020 REQUESTED ACTION: Council consider a resolution acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits or private activity bonds and authorizes the developer to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for a proposed Housing Tax Credit (HTC) project known as the Enclave on College, located at 6005 -College, and offering expressed support for the project and a Commitment of Development Funding by the City. BACKGROUND W Bmt Enclave 6005, LP. has applied to the Texas Department of Housing and Community Affairs (TDHCA)-for funding to develop the Enclave on College, a proposed thirty-six (36) unit housing development, located at 6005 College. On February 4, 2020, a Work Session was held to review the three (3) proposed projects seeking support. As discussed during the Work Session, the City Council has the following options for each of these projects: 1) Allow none of the applications to move forward by declining to acknowledge that Beaumont has more than twice the state average of subsidized housing units within the city. 2) Allow all or some of the applications to move forward acknowledging that Beaumont has more than twice the state average of subsidized housing units within the city. 3) Encourage the success of all or some of the projects by offering specific support for one or more projects. 4) Encourage the success of all .or some of the projects by offering financial support in the form of a $500 permit fee waiver. Relevant Development Information as Presented by the Applicant: Project Number: 20313 Development Name: Enclave on College Development Address: 16005 College Street Development City: Beaumont Development Zip: 77707 Region: Regional' Allocation: Urban Target Population: General Set Aside: ❑ Nonprofit ❑ USDA ❑ At -Risk Construction Type: New Construction Creditt Funding Request: $903,789 Total Low Income Units: EN Total Market Rate Units: Total Units: 36 Auplicant Information: Owner Contact: IBobken Simonians Owner Address: 9 Greenway Plaza, Suite 1250 Owner City: Houston Owner State: TX Owner Zip: 77046 Owner Phone: 832-941-5342 Owner Email: apps(a)itexgrp com Aft OPPORT�NNiil' TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 221 East 11th Street, Austin, TX 78701 Main Number: 512475-3600 Web: inw o@tdhcaastatee.tx. s us PO Box 13941, Austin, TX 78711 Toll Free: 1-80G-525-0657 tx Equal Opportunity Employer/Program. Auxiliary aids and services are available upon request to individuals with disabilities. Relay Texas: 800-735-2989 (7TY) and 711 (Voice). RESOLUTION NO. A RESOLUTION SUPPORTING THE SUBMISSION OF AN APPLICATION BY W BMT ENCLAVE 6005, LP FOR COMPETITIVE 9% HOUSING TAX CREDITS AT 6005 COLLEGE STREET, BEAUMONT, TEXAS 77707, AUTHORIZING AN ALLOCATION OF HOUSING TAX CREDITS FOR THE APPROVAL OF THE NEW CONSTRUCTION OF THE DEVELOPMENT AND AUTHORIZING A COMMITMENT OF DEVELOPMENT FUNDING IN THE FORM OF A GRANT OR REDUCED FEES. WHEREAS, W Bmt Enclave 6005, LP has proposed a development for affordable rental housing at 6005 College Street named Enclave on College, TDHCA Application No. 20313 in the City of Beaumont, County of Jefferson; and WHEREAS, W Bmt Enclave 6005, LP has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2020 Competitive 9% Housing Tax Credits for Enclave on College; and WHEREAS, W Bmt Enclave 6005, LP requests a commitment of development funding in the amount of Five Hundred Dollars and Zero Cents ($500.00) in the form of a grant or reduced fees. It is hereby RESOLVED, that the City of Beaumont, acting through its governing body, hereby confirms that it supports the proposed Enclave on College located at 6005 College Street, Beaumont, Texas 77707 with TDHCA Application No. 20313, and that this formal action has been taken to put on record the opinion expressed by the City on M, and FURTHER RESOLVED, that the City of Beaumont, acting through its governing body, hereby approves a commitment of development funding to Enclave on College at 6005 College Street, Beaumont, Texas 77707 with TDHCA Application No. 20313 in the amount of Five Hundred Dollars and Zero Cents ($500.00) in the form of a grant of reduced fees, and FURTHER RESOLVED that for and on behalf of the Governing Body, (name, ositiM, of authorized person are hereby authorized, empowered, and directed to certify these resolutions to the Texas Department of Housing and Community Affairs. [IDate W Bmt Enclave 6005, LP Attn: Bobken Simonians 9 Greenway Plaza, Suite 1250 Houston, TX 77046 Re: Commitment of Funding for Enclave on College at 6005 College Street, Beaumont, Texas 77707 with TDHCA Application No. 20313 Dear Mr. Simonians, On [IMont�h, D,a ; 2020, the City of Beaumont approved Resolution No..jM to provide financial support to the Enclave on College development located at 6005 College Street, Beaumont, TX 77707 with TDHCA Application No. 20313. Per Resolution No. [,#', the City of Beaumont will make a contribution of Five Hundred Dollars and Zero Cents ($500.00) toward the construction of Enclave on College in the form of a grant or reduced fees. Attached is the resolution that has been approved by City Council. If you have any questions or concerns; please contact me at phone or M]. Sincerely, Name [Title l RESOLUTION NO. WHEREAS, W Bmt Enclave 6005, L.P. has proposed a development for affordable rental housing at 6005 College Street, named Enclave on College in the City of Beaumont, County of Jefferson, Texas; and, WHEREAS, W Bmt Enclave 6005, L.P. has advised that it intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2019 Housing Tax Credits for Enclave on College; 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, SECTION 1. As provided for in §11.9(d)(2) of the Qualified Allocation Plan, the City of Beaumont will commit to provide up to $500 of in-kind contributions for the development of Enclave on College, which may be in the form of fee waivers, infrastructure improvements or other in-kind contributions deemed beneficial to the City for future development. Specific in-kind contributions will be determined at a later date. SECTION 2. As provided for in §11.3(c) of the TDHCA Qualified, Allocation Plan, it is expressly acknowledged and confirmed 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. SECTION 3. The City of Beaumont hereby supports the proposed new Laurel Vista development, and confirms that its governing body votes specifically to approve the construction of the development and to authorize an allocation of'Housing Tax Credits for this development pursuant to Tex. Gov't Code §2306.6703(a)(4). SECTION 4. The City of Beaumont, TX, acting through its governing body, hereby confirms that it is exclusively supporting in the TDHCA 2019 Competitive Tax Credit Application Cycle in the At -Risk Funding Pool, the proposed Enclave on College to be located at 6005 College Street, Beaumont, Texas 77707 with the TDHCA Application and that this formal action has been taken to put on -record the opinion expressed by the City of Beaumont, TX at its regularly scheduled Council Meeting on February 25, 2020, at which a quorum was present. SECTION 5. For and on behalf of the Governing Body, Mayor Becky Ames is hereby authorized, empowered, and directed to certify this resolution to the Texas Department of Housing and Community Affairs. 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 25th day of February, 2020. - Mayor Becky Ames - �q February 25, 2020 Consider a resolution authorizing the City Manager to enter into an agreement with the U.S. Economic Development Administration (EDA) to terminate a financial assistance award and remit the balance of EDA funds back to the EDA BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, & Community Development Director MEETING DATE: February 25, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into an agreement with the U.S. Economic Development Administration (EDA) to terminate a financial assistance award and remit the balance of $515,779.86 of EDA funds back to the EDA. BACKGROUND In 1987; The City of Beaumont received a $500,000 grant from the U.S. Economic Development Administration (EDA) to establish a Revolving Loan Fund Program (RLF). This EDA grant was matched with Community Development Block Grant (CDBG) funds in the amount of $250,000. Over the years, numerous loans from have been made through this program. However, there has been decreasing interest in the program. Due to the decrease in the number of applications and loans awarded through this program, EDA is seeking to recover these funds. In addition, recent changes in rules controlling the CDBG portion of the program resulted in the City being responsible for the repayment of underperforming loans. As a result, this portion of the program has already been suspended. It should be noted that attempts were -made to reallocate the EDA funds to the Lamar SBDC or the SETEDF, but this was not possible due to requirements tied to the CDBG portion of the grant. Approval of this resolution would allow the return of the EDA funds back to EDA and the reallocation of the CDBG portion to other activities in our CDBG program. After ongoing discussion, EDA has now authorized the remittance in the amount of $515,779.86. Once the EDA grant is closed, the City will then work with the Department of Housing and Urban Development (HUD) to reallocate the balance of CDBG funds to the City's CDBG program. The specific reallocation program and amounts will be presented to the public and the City Council in the form of a Substantial Amendment process for their review and approval. FUNDING SOURCE EDA Grant. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 19-172 WHEREAS, in 1987, the City of Beaumont received a $500,000.00 grant from the United States Economic Development Administration (EDA) to establish a Revolving Loan Fund (RLF) Program; ,and, WHEREAS, the EDA grant was matched with Community Development Block Grant (CDBG) funds initially in the amount of $250,000.00; and, WHEREAS, interest in the program has decreased and most applicants now seek loans through the Lamar Small Business Development Center (Lamar SBDC) and the Southeast Texas Economic, Development Foundation (SETEDF); and, WHEREAS, due to the decrease in the number of applications, and loans awarded through the RLF Program, EDA is seeking to recover these funds; and, WHEREAS, recent changes in rules controlling the CDBG portion of the program has resulted in the City being responsible for the repayment of underperforming loans, therefore, this portion of the program has been suspended; and, WHEREAS, City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont to remit the balance of $250,000.00 in EDA funds in the City's Small Business Revolving Loan Fund (RLF) Program to the United States Economic Development Administration (EDA) and to reallocate the CDBG portion to other: activities in the City's CDBG to be approved by the City Council at a future date; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to remit the balance of the United States Economic Development Administration (EDA) funds in the amount of $250,000.00 in the City's Small Business Revolving Loan Fund (RLF) Program to the United States Economic Development Administration (EDA). 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 13th day of August, 2019. ayor cky Ames - RESOLUTION NO. WHEREAS, in 1987, the City of Beaumont received a $500,000.00 grant from the United States Economic Development Administration (EDA) to establish a Revolving Loan Fund (RLF) Program; and, WHEREAS, the EDA grant was matched with Community Development Block Grant (CDBG) funds initially in the amount of $250,000.00; and, WHEREAS, interest in the program has decreased and most applicants now seek loans through the Lamar Small Business Development Center (Lamar SBDC) and the Southeast Texas Economic Development Foundation (SETEDF); and, WHEREAS, due to the decrease in the number of applications and loans awarded through the RLF Program, EDA is seeking to recover these funds; and, WHEREAS, recent changes in rules controlling the CDBG portion of the program has resulted in the City being responsible for the repayment of underperforming loans, therefore, this portion of the program has been suspended; and, WHEREAS, City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont to enter into an Agreement to Terminate Financial Assistance Award for Convenience to terminate a financial assistance award and remit the balance of $515,779.86 in EDA funds in the City's Small Business Revolving Loan Fund (RLF) Program to the United States Economic Development Administration (EDA) and to reallocate the CDBG portion to other activities in the City's CDBG to be approved by the City Council at a future date; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute an Agreement To Terminate Financial Assistance Award For Convenience to terminate a financial assistance award. and remit the balance of the United States Economic Development Administration (EDA) funds in the amount of $515,779.86 in the City's Small Business Revolving Loan Fund (RLF) Program to the United States Economic Development Administration (EDA). 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 25th day of February, 2020. - Mayor Becky Ames - UNITED STATES DEPARTMENT OF COMMERCE Economic Development Administration '•,, Austin Regional Office 903 San Jacinto Blvd., Suite 206 Austin, TX 78701 AGREEMENT TO TERMINATE FINANCIAL ASSISTANCE AWARD FOR CONVENIENCE EDA Investment No.: 08-39-02536 WHEREAS, the United States of America, Department of Commerce, Economic Development Administration ("Government" or "EDA") pursuant to its authority under. the Public Works and Economic Development Act of 1965 (P. L. 89-136), as amended, entered into a -Financial Assistance Award ("Award"), with the City of Beaumont ("Recipient"); WHEREAS, the Award provided an amount not to exceed the lower of $500,000 or 66.67 percent of the total project cost of $750,000 to capitalize a revolving loan fund ("RLF"); and WHEREAS, the Government and Recipient (collectively the "Parties") have determined that it is not feasible or not desirable to continue the project and that an accounting should be made and the Award terminated for convenience of the Parties; and NOW, THEREFORE, for the mutual benefit and convenience of the Parties, the Government tenders this Agreement to Terminate Financial Assistance Award for Convenience ("Termination Agreement"), which will be effective upon the signature of the Parties: 1. The Parties agree that the value of the RLF's assets are $773,669.79. 2. The Parties agree that the amount to be recovered by the Government is equal to $515,779.86, which represents the Federal share of the RLF capital base ("Federal Share Due"). 3. The Federal Share Due shall be remitted, in full, within 30 calendar days of the effective date of this Termination Agreement to: Chief Counsel Office of the Chief Counsel Economic Development Administration U.S. Department of Commerce 1401 Constitution Avenue, NW/Mail Stop 72023 Washington, D.C. 20230 Checks must include the EDA grant number in the memo portion of the check and the "Payee" is the "U.S. Economic Development Administration." Page 1 of 3 EXHIBIT "A" 4. Pending final disposition of the RLF assets, this Termination Agreement does not relieve Recipient of the obligation to protect the Federal interest in the RLF assets. All Award terms and conditions remain in effect until the full Federal Share Due is deposited with the Government. 5. Certain provisions of the Award terms and conditions are continuing obligations that extend beyond termination of the Award. These obligations include, but are not limited to, the following: a. Recipient must comply with Award closeout and post -closeout adjustments and continuing responsibilities, as set forth in 2 CFR §§ 200.343 and 200.344 (or the equivalent regulations in 15 CFR part 14 or 24, as applicable, for most awards made prior to December 26, 2014). Under these regulations, the Government may recover funds on the basis of a later audit and the Recipient must return any funds due as a result of a refund or correction. b. If applicable, Recipient may have audit requirements under 2 CFR part 200, subpart F. c. EDA may require Recipient to report on project performance beyond the project closeout date for Government Performance and Results Act ("GPRA") purposes. In no case shall Recipient be required to submit any report more than ten years after the project closeout date. d. All records in the possession of Recipient or its sub-awardees regarding the Award shall be retained for a period of three (3) years after the effective date of this Termination Agreement. All records shall be retained beyond the three (3) year period if audit findings have not been resolved within that period or if other disputes have not been resolved. These requirements are further detailed in 2 CFR § 200.333 (or the equivalent regulations in 15 CFR part 14 or 24, as applicable, for most awards made prior to December 26, 2014). e. The Recipient shall continue to provide the Government access to records regarding the Award as detailed in 2 CFR § 200.336 (or the equivalent regulations in 15 CFR part 14 or 24, as applicable, for most awards made prior to December 26, 2014). 6. Acceptance of this Termination Agreement must be made by the Recipient, with an executed original returned to the Government, on or before 30 days from the date of the Regional Director's signature on this Termination Agreement. Failure to submit a timely executed Termination Agreement may result in the Government withdrawing this Termination Agreement and initiating a unilateral termination, if deemed appropriate by the Government. 7. Recipient represents and warrants that the execution, delivery, and performance of this Termination Agreement was duly authorized in accordance with Recipient's governance rules and that the Termination Agreement is signed by a person duly authorized to bind the Recipient, and that any and all required permissions from the governing body of the Recipient have been obtained. [remainder ofpage intentionally left blank] Page 2 of 3 AGREEMENT TO TERMINATE FINANCIAL ASSISTANCE AWARD FOR CONVENIENCE EDA Investment No.: 08-39-02536 DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION By: Jorge D. Ayala, Regional Director Austin Regional Office - CITY OF BEAUMONT February 5, 2020 Date The above Agreement to Terminate Financial Assistance Award for Convenience is hereby accepted by Recipient. Signature Title of Accepting Official Printed Name Date Page 3 of 3 February 25, 2020 Consider a resolution authorizing the City Manager to award a contract to Allco, LLC, for the Wastewater Treatment Plant Trickling Filters Rehabilitation Project BEAUMONT -.T E X AS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: February 25, 2020 REQUESTED ACTION:. Council consider a resolution authorizing the City Manager to award a contract to Allco, LLC, of Beaumont, for the Wastewater Treatment Plant Trickling Filters Rehabilitation Project. BACKGROUND The project consists of rehabilitating two (2) primary trickling filters and two (2) secondary trickling filters. On December 19, 2019, two (2) bids were received for furnishing all labor, materials, and equipment for the project. The bid totals are indicated in the table below: Contractor Location Base Bid Amount Alternative Bid Amount Total Award Amount J.S. Haren Company Athens, TN $1,837,000.00 $112,000..00 $1,949,000.00. Allco, LLC 1 Beaumont, TX $1,864,519.32 $111,258.36 $1,975,777.68 Engineer's Estimate $2,000,000.00 The Public Works Engineering staff recommends this project be awarded to, Allco, LLC, in the amount of $1,975,777.68. Allco, LLC's bid is 1.37% greater than the apparent low_ bid. Due to the City's.lack of experience with the apparent low bidder, we asked for additional references. The original references were generally positive. The additional references were small projects and we could not get a response from the clients. Resumes for the Project Superintendent and Project Manager were also provided. From the Project Manager's resume, we checked with Nacogdoches, TX for their 2008 Southside Pump Station Improvement Project. Two separate contacts on the Nacogdoches project were not happy with both the quality of work and the number of change orders. Allco performed the previous rehabilitation of the trickling filters in 2006 and is already mobilized at the:Wastewater Treatment Plant working on the bar screen replacement project allowing them to commence work right away. A total of 180 calendar days are allocated for completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. SECTION 0210 BID TAB WU0819-21 For: Waste Water Treatment Plant Trickling Filters Rehabilitation City of Beaumont Item Item ALLCO, LLC Estimated EA No. Code Description Quantity Unit 1 6001 MOBILIZATION OT TO EXCEED 5%) 1 LS 2 6001 PRIMARY TRICKLING FILTERS - MECHANICALLY CLEAN AND COLD RE -GALVANIZE 2 LS $ 1,120,000.00 OUTSIDE SURFACE OF CENTER COLUMNS, INSIDE SURFACE OF CENTER COLUMNS, $ 107,546.96 $ 291,995.00 ALL TRUSS ARMS, DISTRIBUTION TUBES, HARDWARE, AND HANDRAILS. 583,990.00 $ 802,186.18 $ 1,604,372.36 SECONDARY TRICKLING FILTERS - DISMANTLE AND REMOVE ALL FILTER 0.25 $ 2,500.00 $ 0.75 MECHANISMS, BRIDGE, WEIRS, AND ELECTRICAL EQUIPMENT CONNECTED TO 7,500.00 $ 10.00 $ SECONDARY TRICKLING FILTER DISTRIBUTION TUBES. REMOVE ALL THE EXISTING $ 100.00 $ 5,100.00 $ CONNECTIONS, GASKETS, HARDWARE, AND ALL THE TRICKLING FILTER $ 50,000.00 $ 50,000.00 $ DISTRIBUTION TUBES IN THE SECONDARY TRICKLING FILTERS. REMOVE ALL GUY BID TOTAL $ 3 6001 CABLES PRIOR TO TRICKLING FILTER DISTRIBUTION TUBE REMOVAL. 2 LS MECHANICALLY CLEAN AND COLD RE -GALVANIZE OUTSIDE SURFACE OF ALL TRUSS ARMS. FURNISH AND INSTALL NEW 304 STAINLESS STEEL DISTRIBUTION TUBES, CONNECTIONS, PLATES, NIPPLES, BOLTS, CABLES, HANDRAILS, AND OTHER HARDWARE. FURNISH AND INSTALL NEW GASKETS. (FLANGE CONNECTION ON DISTRIBUTION TUBES). SITE RESTORATION - FURNISH ALL LABOR, MATERIAL AND EQUIPMENT NEEDED 4 6001 FOR SITE RESTORATION, INCLUDING SITE GRADING, SOIL ANALYSIS, SODDING, AND 10,000 SQ FT FERTILIZING. 5 6001 VEGETATIVE WATERING - FURNISH ALL LABOR, MATERIAL, AND EQUIPMENT 51 MG NEEDED 6 6001 1CONTINGENCY - UNFORESEEN WORK AS DIRECTED BY OWNER 1 ALLOW AI.TERNATIVF. BID 7 J.S. i3AREN COMPANY ALLCO, LLC 8 EA Unit Price $ 8,000.00 Total Unit Price Total $ 80,000.00 $ 80,000.00 $ 90,000.00 $ 90,000.00 $ 560,000.00 $ 1,120,000.00 $ 53,773.48 $ 107,546.96 $ 291,995.00 $ 583,990.00 $ 802,186.18 $ 1,604,372.36 $ 0.25 $ 2,500.00 $ 0.75 $ 7,500.00 $ 10.00 $ 510.00 $ 100.00 $ 5,100.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 BID TOTAL $ 1,837,000.00 IBID TOTAL $ 1,864,519.32 7 6001 DUMP GATE REPAIR 8 EA $ 1,000.00 $ 8,000.00 $ 1,075.00 $ 8,600.00 COLUMN SEALS - PROVIDE ALL LABOR, EQUIPMENT, TOOLS, AND OTHER 8 6001 CONSTRUCTION MEASURES NECESSARY TO REMOVE, DISPOSE, AND REPLACE 2 LS $ 52,000.00 $ 104,000.00 $ 51,329.18 $ 102,658.36 COLUMN SEALS IN THE SECONDARY TRICKLING FILTER COLUMNS. ALTERNATIVE ALTERNATIVE BID TOTAL $ 112,000.60 BID TOTAL $ 111,258.36 J.S. 13AREN COMPANY ALLCO, LLC TOTAL BID + ALTERNATIVE $ 1,949,000.00 TOTAL BID + ALTERNATIVE $ 1,975,777.68 RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials and equipment for the Wastewater Treatment Plant Trickling Filters Rehabilitation Project; and, WHEREAS, Allco, LLC, of Beaumont, Texas, submitted a complete bid meeting specifications in the amount of $1,975,777.68; and, WHEREAS, the City Council is of the opinion that the bid submitted by Allco, LLC, of Beaumont, Texas, is the lowest responsible bidder providing 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 Allco, LLC, of Beaumont, Texas, in the amount of $1,975,777.68, for the Wastewater Treatment Plant Trickling Filters Rehabilitation Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Allco, LLC, of Beaumont, Texas, for the purposes described herein. 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 25th day of February, 2020. - Mayor Becky Ames - 10 February 25, 2020 Consider a resolution authorizing the City Manager to award a bid to Texas Pride Utilities, LLC, of Houston, for the Dowlen West Pipe Bursting Contract — Phase I Project BEAUMONT. TO: FROM: PREPARED BY: City Council Kyle Hayes, City Manager Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: February 25, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a bid to Texas Pride Utilities, LLC, of Houston, for the Dowlen West Pipe Bursting Contract — Phase I Project. BACKGROUND This project will provide for the replacement'of designated pipe segments by means of pipe bursting, as well as replacing manholes in the Dowlen West and Sheraton Woods neighborhoods. On December 19, 2019, nine (9) bids were solicited for furnishing all labor, materials, equipment, and supplies for the project. The nine (9) bids were as follows: Contractor Contractor Location Total Base Bid Allowance Total Award Amount Texas Pride Utilities, LLC Houston, TX $1,047,150.00 $50,000.00 $1,097,150.00 King Solution Services, LLC Houston, TX $1,087,425.00 $50,000.00 $1,137,425.00 Lopez Utilities Contractor, LLC Houston, TX $1,121,500.00 $50,000.00 $1,171,500.00. Vortex Turnkey Solutions, Houston, TX $1,137,325.00 $50,000.00 $1,187,325.00 LLC Barclays Premier Utility Services, LLC Houston, TX $1,160,170.00 $50,000.00 $1,210,170.00 T -Construction, LLC Houston, TX $1,166,705.00 $50,000.00 $1,216,705.00 To -Mex Construction, LLC Houston, TX $1,224,119.01 $50,000.00 $1,274,119.01 - PM Construction & Rehab, Pasadena, TX $1,362,775.00 $50,000.00 $1,412,775.00 LLC dba IPR South Central Horseshoe Construction, Inc. La Porte, TX $1,800,775.00 $50,000.00 $1,850,775.00 Engineer's Estimate - $1,272,879.00 $50;000.00 $1,322,879.00 Water Utilities Administration recommends awarding the project to Texas Pride Utilities, LLC, the low bidder, in the amount of $1,097,150.00. A total of 365 calendar days are allocated for the completion of this project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. BID TABULATION Dowlen West Pipe Bursting Contract -Phase I WU1020-03 BID OPENING DATE: 12/19/19 r, ��e or rex The Bid Proposals sub itt have been revi wed and to the est rltt knowledge this is an ac ate tabulation of the bids received. �t� AIM4RNLLARREA4 P.E By: Amalia Villarreal, P.E., Interim City Engineer Date: 1/6/2020 1;Z eosao ITEM NO. QUANTITY UNIT DESCRIPTION Bid Schedule (Engineer's Estimate) Texas Pride Utilities, LLC Luis Guerra Houston, TX 77037 King Solution Services, LLC Mario James Houston, TX 77039 Lopez Utilities Contractor, LLC Ricardo M. Lopez South Houston, TX 77587 BASE BID ITEMS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 1 LS Mobilization Including Payment Bond, Performance Bond, Insurance, and Moving Equipment to Project Not to Exceed 3% of Total Base Unit Prices $ 35,000.00 $ 35,000.00 $ 20,000.00 $ 20,000.00 $ 18,500.00 $ 18,500.00 $ 25,000.00 $ 25,000.00 2 25 SY Full Depth Repair of Side Walk 5" $ 55.00 $ 1,375.00 $ 60.00 $ 1,500.00 $ 60.00 $ 1,500.00 $ 80.00 $ 2,000.00 3 100 SY Full Depth Repair of Driveway 6" $ 78.00 $ 7,800.00 $ 90.00 $ 9,000.00 $ 75.00 $ 7,500.00 $ 95.00 $ 9,500.00 4 150 SY Full Depth Repair of Concrete Pavement 10" $ 200.00 $ 30,000.00 $ 105.00 $ 15,750.00 $ 115.00 $ 17,250.00 $ 110.00 $ 16,500.00 5 25 SY Flexible Pavement Structure Repair 4" $ 64.00 $ 1,600.00 $ 60.00 $ 1,500.00 $ 72.00 $ 1,800.00 $ 110.00 $ 2,750.00 6 1200 L.F. Trench Excavation Protection $ 2.00 $ 2,400.00 $ 1.00 $ 1,200.00 $ 1.25 $ 1,500.00 $ 0.50 $ 600.00 7 1 LS Barricades, Signs and Traffic Handling $ 8,500.00 $ 8,500.00 $ 4,000.00 $ 4,000.00 $ 6,500.00 $ 6,500.00 $ 12,000.00 $ 12,000.00 8 49 EACH Remove and Replace or Install New Std. Fiberglass Manhole, Up to 8' Depth with All Joints & Connections $ 4,000.00 $ 196,000.00 $ 3,800.00 $ 186,200.00 $ 3,900.00 $ 191,100.00 $ 3,800.00 $ 186,200.00 9 13 EACH Remove and Replace or Install Shallow Manhole, Less than 5' Depth, With All Joints & Connections (Fiberglass) $ 31500.00 $ 45,500.00 $ 3,400.00 $ 44,200.00 $ 3,200.00 $ 41,600.00 $ 3,200.00 $ 41,600.00 10 100 V. F. Extra Depth for New or Replacement Std. Manhole, Over 8 Feet Depth (Fiberglass) $ 237.00 $ 23,700.00 $ 320.00 $ 32,000.00 $ 85.00 $ 8,500.00 $ 200.00 $ 20,000.00 11 310 EACH Reconnect Service Connection by Excavation Including Cleanouts to Liner, Complete, All Sizes and Depths $ 500.00 $ 155,000.00 $ 450.00 $ 139,500.00 $ 550.00 $ 170,500.00 $ 525.00 $ 162,750.00 12 5 EACH Furnish and Install End -of -Line Cleanout by Excavation $ 1,000.00 $ 5,000.00 $ 1,200.00 $ 6,000.00 $ 1,100.00 $ 5,500.00 $ 1,600.00 $ 8,000.00 13 12 EACH Obstruction Removal by Excavation, All Sizes and Depths $ 792.00 $ 9,504.00 $ 800.00 $ 9,600.00 $ 200.00 $ 2,400.00 $ 1,200.00 $ 14,400.00 14 1500 L.F. Clean and Televise Sewer All Sizes and Depths as Directed by the Owners $ 4.00 $ 6,000.00 $ 3.00 $ 4,500.00 $ 3.25 $ 4,875.00 $ 3.OD $ 4,500.00 15 1500 L.F. Chain Link and Wooden Fences, and Gates $ 17.00 $ 25,500.00 $ 6.00 $ 9,000.00 $ 8.00 $ 12,000.00 $ 35.00 $ 52,500.00 16 14000 L.F. Pipe Bursting 6"-8" Sewer to 8.625" OD $ 40.00 $ 560,000.00 $ 32.00 $ 448,000.00 $ 33.00 $ 462,000.00 $ 32.00 $ 448,000.00 17 3200 L.F. Pipe Bursting 10" Sewer to 10.75" OD $ 50.00 $ 160,000.00 $ 36.00$ 115,200.00 $ 42.00 $ 134,400.00 $ 36.00 15 00 $ 1,2.00 BASE BID QUANTITIES TOTAL $ 1,272,679.00 $ 1,047,150 .00 $ 1,087,425.00 $ 1,121,500.00 Work as Directed by the Owner TOTAL BASE ITEMS + ALLOWANCE1 $ 1,322,879.00 1 $ 1,097,150.00 1 $ 1,137,425.00 1 $ 1,171,500.00 Page 1 of 3 BID TABULATION Dowlen West Pipe Bursting Contract - Phase I WU1020-03 BID OPENING DATE: 12/19/19 The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received. By: Amalia Villarreal, P.E., Interim City Engineer Date: 1/6/2020 ITEM NO. QUANTITY UNIT DESCRIPTION Bid Schedule (Engineer's Estimate) Vortex Turnkey Solutions, LLC Matthew Samford Houston, TX 77060 Barclays Premier Utility Services, LLC Victor Bocanegra Houston, TX 77039 T -Construction, LLC Juan Ramon Torres Houston, TX 77015 BASE BID ITEMS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 1 Mobilization Including Payment Bond, Performance Bond, Insurance, and Moving E ui ment to Project Not to Exceed 3% of Total Base Unit Prices $ 35,000.00 $ 35,000.00 $ 33,000.00 $ 33,000.00 $ 28,500.00 $ 28,500.00 $ 40,000.00 $ 40,000.00 2 25 Full Depth Repair of Side Walk 5" $ 55.00 $ 1,375.00 $ 100.00 $ 2,500.00 $ 10.00 $ 250.00 $ 65.00 $ 1,625.00 3 100 Full Depth Repair of Driveway6" LL&. $ 78.00 $ 7,800.00 $ 100.00 $ 10,000.00 $ 10.00 $ 1,000.00 $ 72.00 $ 7,200.00 4 150 Full Depth Repair of Concrete Pavement 10" $ 200.00 $ 30,000.00 $ 155.00 $ 23,250.00 $ 10.00 $ 1,500.00 $ 73.00 $ 10,950.00 5 25 Flexible Pavement Structure Repair 4" $ 64.00 $ 1,600.00 $ 65.00 $ 1,625.00 $ 10.00 $ 250.00 $ 37.00 $ 925.00 6 1200 Trench Excavation Protection $ 2.00 $ 2,400.00 $ 0.50 $ 600.00 $ 0.10 $ 120.00 $ 1.00 $ 1,200.00 7 1 Barricades, Signs and Traffic Handling $ 8,500.00 $ 8,500.00 $ 15,000.00 $ 15,000.00 $ 5,000.00 $ 5,000.00 $ 4,000.00 $ 4,000.00 8 49 EACH Remove and Replace or Install New Std. Fiberglass Manhole, Up to 8' Depth with All Joints & Connections $ 4,000.00 $ 196,000.00 $ 4,000.00 $ 196,000.00 $ 2,500.00 $ 122,500.00 $ 4,600.00 $ 225,400.00 9 13 EACH Remove and Replace or Install Shallow Manhole, Less than 5' Depth, With All Joints & Connections (Fiberglass) $ 3,500.01) $ 45,500.00 $ 3,200.00 $ 41,600.00 $ 2,000.00 $ 26,000.00 $ 3,900.00 $ 50,700.00 10 100 V.F. Extra Depth for New or Replacement Std. Manhole, Over 8 Feet Depth (Fiberglass) $ 237.00 $ 23,700.00 $ 400.00 $ 40,000.00 $ 150.00 $ 15,000.00 $ 140.00 $ 14,000.00 11 310 EACH Reconnect Service Connection by Excavation Including Cleanouts to Liner, Complete, All Sizes and Depths $ 500.00 $ 155,000.00 $ 320.00 $ 99,200.00 $ 500.00 $ 155,000.00 $ 545.00 $ 168,950.00 12 5 EACH Furnish and Install End -of -Line Cleanout by Excavation $ 11000.00 $ 5,000.00 $ 1,200.00 $ 6,000.00 $ 850.00 $ 4,250.00 $ 1,600.00 $ 8,000.00 13 12 EACH Obstruction Removal by Excavation, All Sizes and Depths $ 792.00 $ 9,504.00 $ 500.00 $ 6,000.00 $ 150.00 $ 1,800.00 $ 590.00 $ 7,080.00 14 1500 L.F. Clean and Televise Sewer All Sizes and Depths as Directed by the Owners $ 4.00 $ 6,000.00 $ 4.70 $ 7,050.00 $ 5.00 $ 7,500.00 $ 4.25 $ 6,375.00 15 1500 L.F. Chain Link and Wooden Fences, and Gates $ 17.00 $ 25,500.00 $ 5.00 $ 7,500.00 $ 1.00 $ 1,500.00 $ 13.00 $ 19,500.00 16 14000 L.F. Pipe Bursting 6"-8" Sewer to 8.625" OD $ 40.00 $ 560,OOD.00 $ 36.00 $ 504,000.00 $ 45.00 $ 630,000.00 $ 34.00 $ 476,000.00 17 3200 L.F. Pipe Bursting 10" Sewer to 10.75" OD $ 50.00 $ 160,000.00 $ 45.00 $ 144,000.00 $ 50.00 $ 160,000.00 $ 39.00 $ 124,800.00 BASE BID QUANTITIES TOTAL $ 1,272,879.00 $ 1,137,325.00 $ 1,160,170.00 I $ 1,166,705.00 Work as Directed by the Owner UNIT PRICE I TOTAL ALLOWANCE TOTAL BASE ITEMS + ALLOWANCE 1 $ 1,322,879.00 1 $ 1,187,325.00 1 $ 1,210,170.00 1 $ 1,216,705.00 Page 2 of 3 BID TABULATION Dowlen West Pipe Bursting Contract - Phase I WU1020-03 BID OPENING DATE: 12/19/19 The Bid Proposals submitted have been reviewed and to the best of my knowledge this is an accurate tabulation of the bids received. By: Amalia Villarreal, P.E., Interim City Engineer Date: 1/6/2020 ITEM NO. QUANTITY UNIT DESCRIPTION Bid Schedule (Engineer's Estimate) To -Mex Construction, LLC Jose J. Torres Houston, TX 77704 PM Construction & Rehab, LLC dba IPR South Central Greg Baggett Pasadena, TX 77506 Horseshoe Construction, Inc. James R. Holt La Porte, TX 77571 BASE BID ITEMS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 1 LS Mobilization Including Payment Bond, Performance Bond, Insurance, and Moving E ui ment to Project Not to Exceed 3% of Total Base Unit Prices $ 35,000.00 $ 35,000.00 $ 35,759.01 $ 35,759.01 $ 40,000.00 $ 40,000.00 $ 40,000.00 $ 40,000.00 2 25 SY lFull Depth Repair of Side Walk 5" $ 55.00 $ 1,375.00 $ 109.00 $ 2,725.00 $ 75.00 $ 1,875.OD $ 100.00 $ 2,500.00 3 100 SY Full Depth Re air of Driveway 6" $ 78.00 $ 7,800.00 $ 120.00 $ 12,000.00 $ 80.00 $ 8,000.00 $ 100.00 $ 10,000.00 4 150 SY Full Depth Repair of Concrete Pavement 10" $ 200.00 $ 30,000.00 $ 140.00 $ 21,000.00 $ 160.00 $ 24,000.00 $ 140.00 $ 21,000.00 5 25 SY Flexible Pavement Structure Repair 4" $ 64.00 $ 1,600.00 $ 49.00 $ 1,225.00 $ 58.00 $ 1,450.00 $ 120.00 $ 3,000.00 6 1200 L.K.Trench Excavation Protection $ 2.00 $ 2,400.00 $ 3.50 $ 4,200.00 $ 1.00 $ 1,200.00 $ 1.00 $ 1,200.00 7 1 LS Barricades, Signs and Traffic Handling $ 8,500.00 $ 8,500.00 $ 3,800.00 $ 3,800.00 $ 12,500.00 $ 12,500.00 $ 2,500.00 $ 2,500.00 8 49 EACH Remove and Replace or Install New Std. Fiberglass Manhole, Up to 8' Depth with All Joints & Connections $ 4,000.00 $ 196,000.00 $ 3,795.00 $ 185,955.00 $ 5,150.00 $ 252,350.00 $ 6,500.00 $ 318,500.00 9 13 EACH Remove and Replace or Install Shallow Manhole, Less than 5' Depth, With All Joints 8 Connections (Fiberglass) $ 3,500.00 $ 45,500.00 $ 3,365.00 $ 44,005.00 $ 4,900.00 $ 63,700.00 $ 5,750.00 $ 74,750.00 10 100 V. F. Extra Depth for New or Replacement Std. Manhole, Over 8 Feet Depth (Fiberglass) $ 237.00 $ 23,700.00 $ 200.00 $ 20,000.00 $ 250.00 $ 25,000.00 $ 425.00 $ 42,500.00 11 310 EACH Reconnect Service Connection by Excavation Including Cleanouts to Liner, Complete, All Sizes and De the $ 500.00 $ 155,000.00 $ 595.00 $ 184,450.00 $ 575.00 $ 178,250.00 $ 850.00 $ 263,500.00 12 5 EACH Furnish and Install End -of -Line Cleanout by Excavation $ 1,000.00 $ 5,000.00 $ 1,000.00 $ 5,000.00 $ 1,500.00 $ 7,500.00 $ 2,400.00 $ 12,000.00 13 12 EACH Obstruction Removal by Excavation, All Sizes and Depths $ 792.00 $ 9,504.00 $ 500.00 $ 6,000.00 $ 300.00 $ 3,600.00 $ 450.00 $ 5,400.06- 14 1500 L.F. Clean and Televise Sewer All Sizes and Depths as Directed by the Owners $ 4.00 $ 61000.00 $ 4.00 $ 6,000.00 $ 4.50 $ 6,750.00 $ 3.75 $ 5,625.OD 15 1500 L.F. Chain Link and Wooden Fences, and Gates $ 17.00 $ 25,500.00 $ 25.00 $ 37,500.00 $ 34.00 $ 51,000.00 $ 25.00 $ 37,500.00 16 14000 L.F. Pipe Bursting 6"-8" Sewer to 8.625" OD $ 40.00 $ 560,000.00 $ 36.75 $ 514,500.00 $ 38.00 $ 532,000.00 $ 54.00 $ 756,000.00 17 3200 L.F. Pipe Burstin 10" Sewer to 10.75" OD $ 50.00 $ 160,000.00 $ 43.75 $ 140,000.00 $ 48.00 $ 153,600.00 $ 64.00 $ 204,800.00 BASE BID QUANTITIES TOTAL $ 1,272,879.00 $ 1,224,119.01 $ 1,362,775.00 $ 1,800,775.00 UNIT PRICE I TOTAL TOTAL BASE ITEMS + ALLOWANCEI $ 1,322,879.00 1 $ 1,274,119.01 $ 1,412,775.00 1 $ 1,850,775.00 Page 3 of 3 s9.. bl 711 15'ABS 'SAVE 1 i .. .. s �.. I :126'. 18"PVCj . i •I. " ! . j I : I LIMERICKdR : I: .J_...1. i122 6•PVC ;1231. 6YVC .I I ...I II I� I 16 I I ro,a X6'PVC,31 i s ' 6'PVC. I' 1 6`PVC 1132 1331 ! • � � I t 145 I - I)OWL1314 WEST , ,GLEN i 6'PVC .. i i I 1j0 ' 1 ro Ixr°i 1 J ES GAPE OR m 1541 8'PYC IB°PVC�101 `�c 16'WI 7531: 1 140 1 '8 mo.rorol I :i �s,P m Irocaj I 1601ro's{. I1 159 6°PVC 6°PVCI DC FIR r 314 STA 'I, GLADYSAVE 1 ' I „AUDUHON 15'ABSTRUSS rua o.2 ! 1 i GLADYS m 3'�1 I :' \ . Me n6'PVc I I I { y I ,' ... 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D 1264 THE ENGINEER WILL CHOOSE ALTERNATE LINES TO BE PIPE J2NEY W o "'°I u3.„ ase - A BURSTED IF EXISTING LINES ARE IN GOOD CONDITION / z49 z 26s " ,. a 'r i"IA4 24 DEEMED TO REMAIN IN PLACE. N \31;1' 12461 ':306'7aY 1I,n m v.. 0 467 �. I: _' - -- rD ER DR 266' This map is a product of various sources and is intended, to be used Bea 252 ? 2G7 reference only, It Is the res onsibilit of the contractor to field verif the. :'S4• ' 49 _ ._. 241 24 / 298 rn Y•. P Y• Y 23a 251 „" N X256 �� "cko a location and elevation of existing utilities prior to the construction of the i5 a = ; y , m� ,. ° G65,- : , e� project. The City, of Beaumont assumes no liability for errors or omission uNECIR o +s v that may arise pursuant on the reliance of this map. u �0 IG .6"-.. �\ 8' 699 n'-`-- -649 ,'➢t'p' i ea, 6114' 69G 't 305 �7, css w : y o• a. �fi,674'71 o ` 7190 o \ sA Sa., p . UTUMN�, .�' ,....... _- - goy . .664•' %• 02,' Of{o ... I 1 •1'T20 9CDNC6 aym .. , c� �Sfi I tP: ! Ol..j77 '. - c . as - s� _ LEGEND - NC61 713y� 165 — otic N m • '.57 ppb; • 2 ayr0. 659 6° OR 8° TO 8.625° HDPE mss_ ( IPE BURS T% 'R3 ' o m l rte. �. 646 raa 2. s Cory q. g. 6 2 \6 t'O . 7101,, t;. G 639 3 1 _' - t o r - w 663., -' _ s ,. yo c�6 10" To10.75° HDP E I rcoric! G9a 631 a _ _ cs6 (PIPE BURST) , . 35 a` 't s3_ n .- s o KNOLLWOOD 184 m cD two ^29 u _ 631' 0 0E " I• b27 D' REMOVE & REPLACE WITH FIBERGLASS MANHOLE i g 1 4 16 633 2 1 6zp1 f G28- I ; - ro i I. u,o , 632.1 O F1J1 " nfAL I HDPE'19 7 B NDPE 1 707 B• OP 19 08 I •..�, Wfi i 81.1 635 �_ _ o;, i-, •- W.FAH+ �• _. _� +i. CLEANOUTEW END -OF -LINE RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, equipment and supplies for the Dowlen West Pipe Bursting Contract -Phase I Project; and, WHEREAS, Texas Pride Utilities, LLC, of Houston, Texas, submitted a complete bid meeting specifications in the amount of $1,097,150.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Texas Pride Utilities, LLC, of Houston, 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 City Council hereby approves the award of a contract to Texas Pride Utilities, LLC, of Houston, Texas, in the amount of $1,097,150.00, for the Dowlen West Pipe Bursting Contract -Phase I Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Texas Pride Utilities, LLC, of Houston, 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 25th day of February, 2020. - Mayor Becky Ames - WORK SESSION * Review and discuss the litter and homeless camping situation in and around Interstate 10 and MLK and near the bridge west of Interstate 10 on Washington Boulevard WORK SESSION * Review and discuss whether to move forward with an engineering contract to engineer a new Raw Water Pump Station near Pine Street and Collier's Ferry Park WORK SESSION Review and discuss possible amendments to the Charter of the City of Beaumont WORK SESSION * Review and discuss a Storm Water Master Plan that was primarily conducted by Lockwood, Andrews &Newman, Inc. (LAN) WORK SESSION * Review and discuss an assessment of the Sewer Collection System (Phase I) that was primarily conducted by Lockwood, Andrews & Newman, Inc. (LAN) WORK SESSION � Review and discuss the status of an update to the Street Assessment Index conducted by Infrastructure Management Services, LLC (IMS) WORK SESSION Review and discuss the status of a possible Drainage Improvements Study for the Henry Homberg Golf Course