The URL can be used to link to this page

Home My WebLink About05/05/2020 PACKETBEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, MAY 5, 2020 1:30 PM CONSENT AGENDA Approval of minutes — April 28, 2020 Confirmation of board and commission member appointments A) Authorize the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to Gulf Coast a CRH Company BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: May 5, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to Gulf Coast a CRH Company. BACKGROUND On, October 22, 2019, by Resolution No. 19-246, City Council awarded a contract to Gulf Coast a CRH Company, of Beaumont, for the Old Dowlen Road Asphalt Rehabilitation Project in the amount of $295,779.00. Previous Change Order No. 1, in the amount of ($880.67), is attached for your review. Proposed Change Order No. 2, in the amount of ($8,870.70), is required to adjust estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the final contract amount would be $286,027.63. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order No. 2, maintenance, and final payment in the amount of $32,630.39 is recommended. FUNDING SOURCE Capital Program — Street. Rehabilitation Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 19-246 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Old Dowlen Road Asphalt Resurfacing Project; and, WHEREAS, Gulf Coast a CRH Company, of Beaumont, Texas, submitted a complete bid meeting specifications in the amount of $295,779.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Gulf Coast a CRH Company, 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 Gulf Coast a CRH Company, of Beaumont, Texas, in the amount of $295,779.00, for the Old Dowlen Road Asphalt Resurfacing Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he Is hereby authorized to execute a contract with Gulf Coast a CRH Company, 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 22nd day of October, 2.019 u �. : _cKy . 0 CITY OF BEAUMONT DATE: Much 20,2020 PROJECT: S O Ualt Price OLD DOWLEN ROAD ASPHALT RESURFACING OWNER: CITY OF BEAUMONT CONTRACTOR: GULFCOAST CHANGE ORDER NO.:1 ORIGINALCON—CTTIME(DAVS),. - 4S ADDITIONAL TIM1fE REQUESTED: p NEW COMB CTTIME: 4S THE FOLLOWD7G OHANOES IN THE PLANS AND/OR SPECDIICATIONS ARE HEREBY MADE: AQust Iheesdmated gva:ddtl ronJkd dmacml quanehitlmd in t0ee9mytedan 9fdie poJct Item Na Dei Cade Dticripti9a Unit luq Nm Omn:ryr NET FROM PREVIOUS CHANCE ORDERS: S O Ualt Price T9ta1 Sao MIS D -0R HMA(SQ)TY•F PGTG2-1(1.8-)(LEVFJ.UP)(LMIT'S OF PAY PROP. ROAD WIDTU TON 396 TOTAL PERCENT CHANCE ORDER TO DATE 400. 9999 CEM STAWI.SKFL _ MH S145D0 S (47K16) TON 0.00 Stls S Ilayt S 087[69 TOTAL: s (88057) O -CALENDER DAYS ARE ADDED TO THE CONTRACT TH M BY THIS CHANGE ORDER ORICINALCONTRAC'TAMOUNI': S 295.779.00 NET FROM PREVIOUS CHANCE ORDERS: S TOTAL AMOUNT OF THIS CHANCE ORDER: S (880.67) PERCENT OF THIS CHANCE ORDER: .DATE TOTAL PERCENT CHANCE ORDER TO DATE -030% -03DYa NEW COMItACTAMOUNT: S 294,89833 ACCEPTED BY: �� PREPARED BY- vG 3/�o Jznzo �— /i✓ 3-.3fl-2QZ� GU� ,REPRESENTATIVE .DATE REMIONWHITT. ROAD WAY DESIGNER -1 DATI - IEWE BY: RE W BY - AMALIAVILLARREAL,P.E. INTERIM CITY ENGINEER DATE TBARTIC AK ' DAM DIRECTOROF PUBLICWORIO& TECHNOLOGY SERVICES - APPROVED BY:L I 1� ED BY: J ?-3o Z° a 33t -aa I KYLE HAYFS.GITY MANAGER DATE -TA SAR ,CITYCLERK Dp7( CITY OF BEAUMONT DATE: AprH 17.2020 ORIGINAL CONTRACI'TIME (DAYS); PROJECT: OLD DOWLEN ROAD ASPHALT RESURFACING .:SY 25,SM 12450 S *35A 2(46WW4W OWNER-., - CITYOFBEAUMONT .ADDMONALTMIEREQUEMD: 0 CONTRACTOR: GULFCOAST - .CHANGE ORDER NOa2(FINAL) • NEWCONTRAC7TIME: 45 . THE FOLLOWING CHARGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: A6W 0..6.a W q=fd. is te0m de aaml gmmUicused N Ou.,.piece, a(dmpojm' . Item Na Des Cade DesrApbo UVt Nen Qaa�tip Udl Prke - 357 9999 P)ACEACP(3-T04-)(Sg srEERmOUNTEDEQU)PMENT) .. .:SY 25,SM 12450 S *35A 2(46WW4W SM 6011 DOERSECTIOP6,DRIYEA'AYS.&TURNOUTS(RNACTKD) SY �43C00 30560 5 27.00 294,99833 TOTAL: OCALENDER DAYS ARE ADDED TO TEE CONTRACT TIME BY THIS CHANGE ORDER ORIGINAL CONTRACT AMOUNT, S . 295.779.00 " NET FROM PREVIOUS CHANGE ORDERS: S. 294,99833 TOTAL AMOUNT OFTHIS CHANGE ORDER: . S: (9870.70). PERCENT OFTHIS CHANGE ORDER -3.01% TOTAL PERCENT CHANGE ORDER TO DATE: -330. NEW CONTRACT AMOUNT. S 286,027.63 ACCEPTED BY: PREPARED BY: "GULF COAST, EPRESENI' [IVEDATE REMIN NWHTIT. - '.'DATE - - ROADWAYD IGNER-1 Hi BY. " AMALUI VILLARREAL, P.E., CITY ENGINEER BKRTHARTKOWIAK DATE DIRECTOROF PUBLIC WORKS& TECHNOLOGY SERVICES APPROVED BY: ATTESTED BY: - KYLE HAYES, CITY MANAGER - DATE DATE TINA BROUSSARD. CITY CLERK %:ITV'AF REGI IMAI.IT - FT STIRA A TLS PROJECT: L� 27 2? Old Dowlen Road Asphalt Resurfadng AWARDED CONTRACT AMOUNT: $295,779.00 PERCENT OF TIME USED: . AMALIA. LA EAL,.P.E., ENGINEE 46.67% CONTRACTOR:, Gulf Coast' a CRH Company CONTRACT DATE : DATE March 2; 2020. PERCENT OF WORK COMPLETED: 100:00% MONTHLY ESTIMATE 02 CURRENTCONTRACTAMOUNT: $286,027.63 GULF COAST, REPRESENTATIVE_ DATE: PERIOD ENDING: - April l 2020 -April 30, 2020 CONTRACT CALENDAR DAYS : 45 CHANGE ORDERS s 02-- CALENDAR DAYS USED: '21 - ITEM NO. DES: CODE DESCRIPTION ESTIMATED QUANTITY . UNIT PREVIOUS TO DATE ESTIMATE.- ESTIMATE. TOTAL ESTIMATE ;'TO DATE UNIT PRICES' TOTAL AMOUNT - 100 600E PREPARING ROW (NOT TO EXCEED $300 PER STATION) -.•_ 21 STA ._ 21.00 0.00 21:00 :$ 300.00 $ 6,300.00 275 6006 CEMENTTREAT(EXIST MATL)(10')(6%CEM-LIME SLURRY)(PLAN QTY) .6080 SY 6,080.00 '0.00 6,080.00 $ 17.00 $ 103,360.0- 340, 6175". D -GR HMA (SQ)TY-F PG76.22(1.25")(LEVEL•UP)(LIMITS OF PAY PROP. ROAD WIDTH). 338.42 .TON 338.42 0.001 MOAT -$ 142:0D $ 48,055.64 344 6135. SUPERPAVE MIXTURES SP -D HMAC SAC•A PG76.22(2.0")(LIMITS.OF PAY PROP. ROAD WIDTH) 5609- SY '5,609.00 ,0.00: 5,609.00 '$ .14.00 $ _ 70,526.00 . 354 - 9999 . PLACE ACP (3"TO4')(SKID STEER MOUNTED EQUIPMENT) 124.5 SY 124.50 0.00 :124.50 $' 35.00 $ - 4,3S7.SO 400 -' 9999 CEMSTABILBCKFI. 51.26 TON _ -0.00 _ .51.26 51.26 ,$ 114:63 $,, 5,875.69- 500 6001 MOBILIZATION (NOT TO EXCEED 5%) _ _ 1 LS 0.90 • .0.10. 1:00 $.- 14,SOD.00 $, 14,500.00: 502 6001. BARRICADES,SIGNS, AND TRAFFIC HANDLING(NOLTO EXCEED $5,000 PER MONTH) 2 MO 1.00 1.00 2.00 -$ 000.00 $ 6,000.00' 530 _ 6011 INTERSECTIONS, DRIVEWAYS, AND TURNOUTS(HMACTY•D)305.6 SY 305.60 0.00' 305.60 $ .33.00 $ 30,084.80 _666 6036 . REFL PAV MRK TY-1(W)(8")(SL6)(1130MIL).. .. 134 LF 0.00 134.001 134.00 $, :8.00, $ 1,072.00, 666 6042 REFL PAV MRK TY-1(W)(24")(SLD)(100 MIL) 28 LF 0.00 20.00 28.00 $ SLOG $ 1,456.00 666 6120 REFL PAV MRK TY•1(VI (4")(BRK)(100 MIL) - 420 LF. -O.OD 420.00 - - 420.00 '$ 6.00 $ 2,520.00' 666 ' 6126. REFL PAV MRK.TY•1(Y)(4-)(SLD)(100 MIL) ,. .. 480 -. LF - 0.00 _ 480.00 , 480.00 $' 8.00 $ 2,880.00 668 6077_ PREFA9PAVMRK7Y•C(W)(ARROW)_ - 1- EA 0.00 - 1.00 1.00 -$ 520.00 $ 520100 66B 6085 , PREFABPAVMRKTY•C(W)(WORD) - 1 EA 0.00. 1.00 . 1.00 $ 520.00 $ 520.00 PREPARED BY: L C- ��. L� 27 2? REMINGTON WHITT, ROADWAY DESIGNER -1 DATE REVIEWED BY: AMALIA. LA EAL,.P.E., ENGINEE DATE APPROVED BY: ZO " BA BARTKOWIA.; - DATE DIRECTOR OF PUBLIC WORKS AND TECHNOLOGY SERVICES Icertifythat all Rork lncludlnpmaterIehcov edbythlsInvolcehave been completedordeffveredlnaccordan thton"a"doy+/pepts g. 2020 GULF COAST, REPRESENTATIVE_ DATE: GRAND TOTAL AMOUNT OF WORK DONE: LESS 5% RETAINAGE: SUBTOTAL: LESS PREVIOUS PAY ESTIMATE: LESS INSPECTOR OVERTIME: AMOUNT DUE THIS ESTIMATE: $ . 286,027.63- $ 86,027.63$ 286,027.63 $ 253,397.24 $ 32,630.39 RESOLUTION NO. WHEREAS, on October 22, 2019, the City Council of the City of Beaumont, Texas passed Resolution No. 19-246 awarding a contract in'the amount of $295,779.00 to Gulf Coast a CRH Company, of Beaumont, Texas, for the Old Dowlen Road Asphalt Resurfacing Project; and, WHEREAS, on March 30, 2020, the City Manager executed Change Order No. 1, in the amount of ($880.67), to adjust the estimated quantities to reflect the actual quantities used in the completion of the project, thereby decreasing the total contract .. amount to $294,898.33; and, WHEREAS, Change Order No. 2, in the amount of ($8,870.70), is required to adjust the estimated quantities to reflect the actual quantities used in the completion of the project, thereby decreasing the total contract amount to $286,027.63; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 2, in the amount of ($8,870.70), for additional work described above, thereby decreasing the total contract amount to $286,027.63 for the Old Dowlen Road Asphalt Resurfacing Project; and, BE IT FURTHER RESOLVED THAT the Old Dowlen Road Asphalt Resurfacing Project be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $32,630.39 to Gulf Coast a CRH Company, of Beaumont, Texas. 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. 2020. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of May, - Mayor Becky Ames - BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, MAY 5, 2020 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Public Comment: Persons may speak on scheduled agenda items 1 and 2/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance amending Ordinance No. 20-010 to amend the public health emergency disaster orders for the City of Beaumont 2. Consider an ordinance suspending the Local Stay Home -Work Safe Orders of the City of Beaumont COMMENTS Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager/City Attorney comment on various matters LIVE STREAM * Citizens can watch the City Council meeting live by going to our City of Beaumont website: beaumonttexas.gov as well as our City of Beaumont Facebook page Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 1 May 5, 2020 Consider an ordinance amending Ordinance No. 20-010 to amend the public health emergency disaster orders for the City of Beaumont BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: May 5, 2020 REQUESTED ACTION: Consider an ordinance amending Ordinance No. 20-010 to amend the public health emergency disaster orders for the City of Beaumont. BACKGROUND Governor Greg Abbott recently issued Executive Order No. GA -18 relating to statewide continuity of essential services and reopening the services in the State of Texas. Executive Order No. GA -18 supersedes Executive Order No. GA -16, but does not supersede Executive Order Nos. GA -10, GA -11, GA -12, GA -13, GA -15, or GA -17. The Governor's Executive Orders suspends the applicable provisions of Chapter 418 of the Texas Government Code and any other relevant statutes to the extent that local officials do not impose restrictions inconsistent with the Governor's Orders. In light of these developments, it may be in the best interest of the citizens of Beaumont in order to limit inconsistency and confusion, to modify the Local Disaster Orders and defer primarily to the enforcement of the effective Executive Orders of the Governor. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING ORDINANCE 20-010 TO AMEND THE PUBLIC HEALTH EMERGENCY DISASTER ORDERS FOR THE CITY OF BEAUMONT; DEFERRING TO THE EFFECTIVE ORDERS OF THE GOVERNOR OF THE STATE OF TEXAS; PROVING FOR SEVERABILITY; PROVIDING FOR A PENALTY AND PROVIDING FOR REPEAL. WHEREAS, on the 16th day of March 2020, the Mayor issued a Proclamation, as was amended March 19, 2020 and March 23, 2020, declaring a State of Disaster for the City of Beaumont, Texas resulting from the imminent threat to the public health and the potential loss of life from the spread of COVID-19 in the City of Beaumont; and, WHEREAS, the City Council, on March 23, 2020, passed Ordinance No. 20-010 extending the Declaration of Local Disaster due to public health emergency until such time as the Declaration is terminated by Ordinance of the City Council; and, WHEREAS, Governor Abbott recently issued Executive Orders relating to statewide continuity of essential services and activities during the COVID-19 Disaster; and, WHEREAS, the Executive Orders suspend the applicable provisions of the Texas Government Code Chapter 418 and any other relevant statutes to the extent that local officials do not impose restrictions inconsistent with the Governor's Orders, provided that local officials may enforce the Executive Orders as well as local restrictions that are consistent with the Executive Orders; and, WHEREAS, it is in the best interest of the citizens of Beaumont to modify the City of Beaumont Declaration of Local Disaster Orders to address any inconsistencies and defer to the enforcement of the effective Orders of the Governor of the State of Texas; 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 Section 2 of Ordinance 20-010 extending the declared State of Local Disaster be amended by amending the adopted Declaration Orders as follows: That Sections 7 & 8 of the Declaration of March 16, 2020 be and they are hereby repealed. That the Declaration as amended on March 19, 2020 be and it is hereby repealed. That the March 23, 2020 amendment to the Declaration, attached hereto as Exhibit "A," is hereby amended to allow for the opening of the Tennis Center and Convention and Visitors Bureau facilities. Section 2. The City of Beaumont suspends the charging and collection of all fares for service for the Beaumont Municipal Transit System. Beaumont Municipal Transit shall enforce the social distancing requirements. Travel shall be limited to the essential travel as outlined herein. Section 3. That the proclaimed State of Public Health Disaster for the City of Beaumont shall continue in effect until terminated by the City Council. Section 4. That if any section, subsection, sentence, clause or 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 5. Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense. Section 6. This ordinance is passed as an emergency measure and pursuant to local authority for emergency measures and shall become effective immediately upon its approval. 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. 2020. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of May, - Mayor Becky Ames - CITY OF BEAUMONT SECOND AMENDED DECLARATION OF LOCAL DISASTER DUE TO PUBLIC HEALTH EMERGENCY WHEREAS, on March 16, 2020, pursuant to Texas Government Code, Section 418.108(b), the Mayor, as Emergency Management Director, declared for the City of Beaumont a local disaster due to public health emergency caused by the threat of the transmission and spread of COVID-19 in the City of Beaumont; and, WHEREAS, due to -the ongoing threat of the spread of the COVID-19 virus and the need to update measures to reduce the potential of exposure and transmission of the disease, it is necessary to amend the Declaration of Local Disaster; NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF BEAUMONT, TEXAS: THAT the March 16, 2020 Declaration of Local Disaster as amended March 19, 2020 be amended and supplemented as follows: Section 1. City Facilities. In keeping with the directives of the CDC, the following City facilities will be closed to the public: City Hall, the Downtown Library, Tyrrell Historical Library, Civic Center, Event Centre, Julie Rogers Theatre, Jefferson Theatre, Lakeside Center, Sterling Pruitt Center, community centers, Athletic Complex, Tennis Center, the Municipal Court and the Convention and Visitors Bureau facility. The City Council will consider these closures at the Council meeting held Monday, March 23, 2020 in the City Council Chambers at 1:30 p.m. . The following facilities will remain open to the public for normal operations: Henry Homberg Golf Course, Municipal Transit, City parks, Elmo Willard Library, Theodore Johns Library, and the Miller Library. No special events will be scheduled at these facilities. Section 2. That the operation of the competitive bidding requirements of the City of Beaumont are hereby suspended and removed for a period of ninety (90) days from and after March 23, 2020, unless the State of Disaster is earlier terminated, provided however, that insofar as practical bids, quotations, or estimates of material, labor and other costs for purchases, goods, works, and the like described shall be diligently solicited and procured before entering into contracts therefore and such contract, if awarded, shall be made to the lowest, best or expedient bid, quotation, or estimate received. The determination of the lowest, best, or expedient bid, quotation, or estimate shall be within the sole discretion of the City Manager or his designee and his decision shall be final. signing. Section 3. This amendment and supplement shall take effect immediately upon EXHIBIT "A" ORDERED this -r-4ay of March, 2020. City Clerk �ir .: _ .mes 2 May 5, 2020 Consider an ordinance suspending the Local Stay Home -Work Safe Orders of the City of Beaumont BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: May 5, 2020 REQUESTED ACTION: Consider an ordinance suspending the Local Stay Home -Work Safe Orders of the City of Beaumont. BACKGROUND Governor Greg Abbott recently issued Executive Order No. GA -18 relating to statewide continuity of essential services and reopening the services in the State of Texas. Executive Order No. GA -18 supersedes Executive Order No. GA -16, but does not supersede Executive Order Nos. GA -10, GA -11, GA -12, GA -13, GA -15, or GA -17. These Executive Orders are similar in most respects to the Stay Home -Work Safe Orders issued by the Mayor as extended by the City Council. At the same time, the Governor's Executive Orders suspends the applicable provisions of Chapter 418 of the Texas Government Code and any other relevant statutes to, the extent that local officials do not impose restrictions inconsistent with the Governor's Orders. In light of these developments, it may be in the best interest of the citizens of Beaumont in order to limit inconsistency and confusion, to suspend the Local Orders and defer to the enforcement of the effective Executive Orders of the Governor. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT SUSPENDING THE STAY HOME -WORK SAFE ORDERS OF THE CITY OF BEAUMONT; DEFERRING TO THE EFFECTIVE ORDERS OF THE GOVERNOR OF THE STATE OF TEXAS; PROVING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, on the March 16, 2020 and March 23, 2020, the Mayor issued a Proclamation, as amended March 19, 2020 and March 23, 2020, declaring a State of Disaster for the City of Beaumont, Texas resulting from the imminent threat to the public health and the potential loss of life from the spread of COVID-19 in the City of Beaumont; and, WHEREAS, the City Council, on March 23, 2020, passed Ordinance No. 20-010 extending the Declaration of Local Disaster due to public health emergency until such time as the Declaration is terminated by ordinance of the City Council; and, WHEREAS, the Mayor, or March 27, 2020, issued at Stay Home -Work Safe Order, as amended on March 31, 2020, for the citizens of Beaumont; and, WHEREAS, on the 31d day of April 2020, the City Council passed Ordinance No. 20-015 extending the Stay Home -Work Safe Order issued by the Mayor, as amended to continue in effect until terminated by ordinance of the City Council; and, WHEREAS, the conditions necessitating Declaration of a State of Disaster in the City of Beaumont continue to exist and the Disaster Declaration should continue; and, WHEREAS, Texas Governor Greg Abbott has issued Executive Orders relating to statewide continuity of essential services and activities during the COVID-19 disaster; and, WHEREAS, Governor Abbott recently issued Executive Order No. GA -18 on April 27, 2020 addressing the reopening of services in the State of Texas; and, WHEREAS, Executive Order No. GA -18 supersedes Executive Order No. GA -16, but does not supersede Executive Order Nos. GA -10, GA -11, GA -12, GA -13, GA -15, or GA -17; and, WHEREAS, the Executive Orders are similar in most pertinent respects to the Stay Home -Work Safe Orders issued by the Mayor, as extended by the City Council, by Ordinance No. 20-015; and, WHEREAS, the Executive Orders suspend the applicable provisions of Texas Government Code Chapter 418 and any other relevant statutes to the extent that local officials do not impose restrictions inconsistent with the Governor's Orders, provided that local officials may enforce the Executive Orders as well as local restrictions that are consistent with the Executive Orders; and, WHEREAS, it is in the best interest of the citizens of Beaumont to suspend the local Stay Home -Work Safe Orders and defer to the enforcement of the effective Orders of the Governor of the State of Texas; 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. Pursuant to Section 122.006 of the Texas Health and Safety Code, the City is authorized to take any actions necessary to promote health and suppress disease, including quarantine, examining and regulating hospitals. The City of Beaumont hereby declares that those persons under investigation, persons under management, and quarantined persons remain within the confines of their homes or in safe, secure facilities during the quarantine period following their exposure to the COVID-19 virus and/or determination of a positive test thereof. Section 2. That the Stay Home -Work Safe Orders of the City of Beaumont, as amended, are hereby suspended. Section 3. That the declared Local State of Disaster for the City of Beaumont and public health emergency shall continue until terminated by Ordinance of the City Council. Ccrtinn d That all effective Executive Orders of the Governor of the State of Texas shall control the activities of the citizens of Beaumont with respect to the Disaster Declaration made necessary by the imminent threat to the public health and the potential loss of life from the spread of COVID-19. Section 5. That if any section, subsection, sentence, clause or 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 6. This ordinance is passed as an emergency measure and pursuant to local authority for emergency measures and shall become effective immediately upon its approval. 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. 2020. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of May, - Mayor Becky Ames -