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HomeMy WebLinkAbout06/23/2020 PACKETB,EAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, DUNE 23, 2020 1:30 PM CONSENT AGENDA Approval of minutes — June 16, 2020 Confirmation of board and commission member appointments A) Authorize the City Attorney, or his designee, to file a lawsuit against Southern Choice Consulting, LLC necessary to compensate the City for the nonpayment of water and sewer services previously provided B) Authorize the, acceptance of a ten foot wide Exclusive Water Line Easement located at 4381 West Cardinal Drive C) Accept maintenance of the street, sewer, and water improvements in Fairfield Subdivison, Phase VI A BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: June 23, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Attorney, or his designee, to file a lawsuit against Southern Choice Consulting, LLC necessary to compensate the City for the nonpayment of water and sewer services previously provided. BACKGROUND In an Executive Session held on June 16, 2020, the Council discussed the delinquent water account of Southern Choice Consulting, LLC resulting from its failure to compensate the City for water and sewer services provided to an RV park at 6650 Broadoak Street. The account is presently delinquent in the amount of $78,337.04. The City Attorney suggests that the filing of a lawsuit may be necessary in order to obtain adequate compensation for services rendered. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney, or his designee, is hereby authorized to file a lawsuit against Southern Choice Consulting, LLC necessary to compensate the City for the nonpayment of water and sewer services provided. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of June, 2020. - Mayor Becky Ames - rq 13EAUM-ONT . TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: June 23, 2020 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND Forensic Investments, LLC has agreed to convey an 8,450.64 square foot ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.104 acre tract of land situated in Lot 3 of Delta Business Park, Beaumont, Jefferson County, Texas. The easement is for the construction of new anew morgue located at 4381 West Cardinal Drive. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Forensic Investments, LLC has agreed to convey one (1) eight thousand, four hundred fifty and sixty-four hundredths (8,450.64) square foot, ten foot (10') wide exclusive water line easement, said easement being a 0.194 acre tract of land situated in Lot 3 of Delta Business Park, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the City of Beaumont to facilitate the construction of a new morgue located at 4381 West Cardinal Drive; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and is in the best interest of the City of Beaumont and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT one (1) eight thousand, four hundred fifty and sixty-four hundredths (8,450.64) square foot, ten foot (10') wide exclusive water line easement, said easement being a 0.194 acre tract of land situated in Lot 3 of Delta Business Park, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of June, 2020. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, FORENSIC INVESTMENTS, LLC, a Texas Limited Liability company, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO1100 DOLLAR ($1.00'), and other good and valuable consideration to us in hand paid by- the CITY OF BEAUMONT, a municipal. corporation donniciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. 0. Box 3827,. Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual, exclusive, water line easement (the "Easement") to construct, alter, and maintain waterlines and related appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A & B", attached and made a part hereof for all purposes (the "Easement Area"). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement -Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement. Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement .and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the EXHIBIT 1" business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, wdlkways or sidewalks; provided, however, no permanent buildings inay be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights -of -way, conditions, restrictions; outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise; subject to the Permitted Exceptions. [Signature Wage Follows] EXECUTED this day of , 2020. GRANTOR: FORENSIC INVESTMENTS, LLC a Texas Limited Liability company By: Printed Name: Matt Martin Title: Managing Member ACKNOWLEDGMENT STATE OF TENNESSEE § COUNTY OF DAVIDSON § This instrument was acknowledged before me on this the day of , 2020, by Matt Martin, Managing Member, of FORENSIC INVESTMENTS, LLC, a Texas limited liability company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2020. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 n � c Commercial o Residential • Industritil 51%1111eyQ%§, LLC Firm No. 10136406 EXHIBIT "A. June 9, 2020 FIELD NOTE DESCRIPTION 10-FOOT 1VIDE EXCLiI VE WATERLINE EASEMENT 0.194 Acre of Land 4375 West Cardinal Drive, Beaumont, Texas BEING A 0.194 acre tract of land for an exclusive waterline easement lying in Lot 3 of Delta Business ParIc, plat of record in County Clerk's File No. 2008007416, Official Public Records, Jefferson County, Texas and being out of and a portion of that certain 2.128 acre tract of land described in an instrument to Forensic Investments, LLC of record in County Clerk's File No. 2020003990 of said Official Public Records, said 0.194 acre being more particularly described by metes and bounds as follows: Note: All bearings and coordinates are grid, based on the Texas Coordinate System of 1983 (M083), South Central Zone. All distances and areas are based on surface measurements. BEGINNING at.a capped -iron rod stamped "Mark Whiteley and Associates" found marking the South right of way line of U.S. Highway 69, 96, and 287 (a.k.a. West Cardinal Drive) (300-foot right of way), the Northwest corner of Lot 2 of said subdivision, the Northeast corner of said 2.128 acre tract; and being the Northeast corner of the herein described tract, said iron rod having Texas State Plane Coordinate Values of N: 13,958,424.41 E: 3,508,695:58; THE, S 03006'22" E with the West line of said Lot 2, the Iast.line of said 2.128 acre tract, and the East line of the herein described tract a distance of 474.17 feet to a capped iron rod stamped "Mark Whiteley and Associates" found marking the Southwest corner ofsaid Lot 2, the East line of said 2.128 acre tract, and being the beginning of a curve to the left; THE, along said curve to the Ieft; having a Radius of 109.44'feet,,an Arc Length of 85..72 feet, and a Chord which bears S 25°38'46" E a distance of 83.55 feet to a capped iron rod stamped "Access Surveyors" found marking the end of said curve lying in the East line of said 2.128 acre tract a"nd the East line of the herein described tract; THENCE S 48005'06" E with the East line of said 2.128 acre tract and the East line of the herein described.tract a distance of 50.64' to a capped iron rod stamped "Access Surveyors" found marking the beginning of a curve to the right; THE, NCE along said curve to the right, having a Radius of 60.00 feet, and Are Length of 157.28 feet, and a Chord which bears S 3311210" E 115.96 feet.to a point for comer; THENCE over and across said 2.128 acre tract the following courses and distances to points for corner: THENCE N 48006146" W a distance of 10.00 feet to the beginning of a curve to the left; THENCE along -said curve to the left, liaving.a Radius of 50.00 feet, an Are Length of 136.70 feet, and a Chord which bears N 36126103" W a distance of 97.93 feet to a point for the end of said curve; THENCE N 48065006" W a distance of 56.80 feet to a point for the beginning of a curve to the right; THENCE along said curve to the right Having a Radius of 119.44 feet, an Are Length of 14.02 feet, and a Chord which heats N 44°43'16" W a distance of 14.02 feet to a point for the end of said curve; THENCE S 51902132" W a distance of 39.71.feet; Page 1 of 2 11025 Old Voth Road, Beaumont, Texas 777.13 Office; (409) 838-6322 Fax: (409) 838-6122 Email: ipls5l63@apl.com aol.com Web: w%wv.access-smveyors.com File; 2020434 FND WL EASMT.Docx Commercial - Residential - Industrial 511TV4C'y0/'S, LLC Firin No. 10136400 THENCE N 38057'28" W a distance of 10.00 feet; THENCE N 51002'32" E a distance of 39.71 feet to a point for the beginning of a curve to the right; THE, along said curve to the -right having a Radius of 119.44 feet, an Are Length of 69.54 feet, and a Chord which beats N 19152143" W a distance of 68.56 feet to a point for the end of said curve; THENCE N 03006122" W a distance of 257,31 feet; THENCE S 86650145" NV a distance of 39.82 feet; THENCE N 03009'15" W a distance of 10.00 feet; THENCE N 86050145" E a distance of 39.83 feet; THE, N 03066'22" W a distance of 209.24 feet to a point lying in the South line of said West Cardinal Drive, the North line of said 2.128 acre tract, and being the Northwest corner of the herein described tract; THENCE S 79042'03" E With the South line of said West Cardinal Drive, the North line of said 2.128 acre tract, and the North line of the herein described tract a distance of 10.28 feet to the POINT AND PLACE OV BEGINNING, containing in area, 0.194 acres of land, more or less. A plat of even date, shown as "Exhibit B", accompanies this field note description. Page 2 of 11025 Old Voth Road, Beaumont, Texas'77713 Office: (409) 838-6322 Fax: (409).838-6122 Email: rp1s5163@aol:coni Web: www.access=swvevors.com File: 2020434 FND WL EASMT.Docx Capped Rod 'Whiteley EXHIBIT 11B 11 Easement Plat (U3 Hr (300' R.O,W) eSt 9hWaY 69, 96 & 287 CczYdi ) y2 (N 77.07" nal N=, W �n5.o0) �� Capped Rod LO .Are Ft° \to o\ ItsUi u' o 0 Q 1k\ L9 ot0y6h \\04 ec e�1 ° �ry -ke5�gtr°�6r 3 3 `1 yy \o y�pe0g0 C. g `Jo\ ka o 3 z z,In Found Capped R (under water) Found Capped Rod (under water) (S 77'07. S 12• E 150.42' 'R 3 f 1 POB Found Cappppel1deeyyRod lk 140 %424.41ss 4 Q°\6 n rn Lt J ti ti yy 01 of of W 0 _� o —ode ^M � i10 in Exclusive Water y L7 I Line Easement 0.194 Acre 1 10, I I I(N 89'37 28" E 147.27 ) N 87'00'49 E 147.22' g \)G Olt 3 0 � g9 P� DOS 0 t,eyti i F L4 to GF z N 86 4907 E 263.73' Found Found 1/2' Rod Capped Rod 'Whiteley, Curve Table No. Radius Arc Length Chord searing Chord Distance Ci 109.44 85.72 S 253846' E 83.55' 72 60.00 157.28 S 33.1230 E 115.98 C3 50.00 13F70 N 36'26'03 W 97.93' C4 119.44' 14.02 W 44'43 16' W 14.02 C5 119.44 69.54 N 19'S2 43 W 68.56 1 SCALE: 1 " = 100' Firm No. 10136400 � +J CCess Surveyors, LLC Commercial - Industrial - Residential 11025 Old Voth Road — Beaumont Texas 77713 Telephone (409) 838-6322 Facsimile 838-6122 www.access—surveyors.com § rpls5163®aoLcom Re: 2020434 EXCLUSNE WL EASMT Tschnidon: BDS Line Table Line / Direction Length Lf S 48' 05' 06' E 50.64' L2 N 48' 06' 46' W 10.00' L3 N 48. 05' 06' W 56.80' L4 S 51' 02' 32" W 39.71' L5 N 38' 57' 28" W 10.00' L6 N 51' 02' 32' E 39.71' L7 N 03' 06' 22' W 257.31' LB S 86' 50' 45" W 39.82' L9 N D3. 09' 15' W 10.00' LID N 86' 50' 45' E 39.83' Lit N 03' 06' 22' W 209.24' L12 S 79. 42' 03' E 10.28' L13 N 79'42'03' W 51.41' Surveyor's Notes: 1. This survey was completed without the benefit of a title commitment, and not all easements or servitudes, whether of record or not, were researched at the time of this survey or shown hereon. 2. A field note description of even date, shown as Exhibit A", accompanies this plat. 3. All bearings and coordinates are grid, based on the Texas Coordinate System of 1983 (NA083), South Central Zone. All distances and areas are based on surface measurements. a = Found Cappe?Rod amped "AccessSurveyors" urwise noted. EXCLUSIVE WATEMNE EASEMENT OUT OF A 2.128 ACRE TRACT Conveyed to Forensic Investments, LLC In Clerk's Me No. 202OW3990 (OPW ) Address: 4375 West Cardinal Drive, Beaumont, Texas 77705 Plat Dated: June 6, 2020 Caro' wcardinalD ?K' Lumber Liquidators , - tt, "� may., : • ,. rdlnal pr " x `„`"`.•. Yanstastern • f Fl000 veg cam- I IiWUiil fir„✓, * nontfT,erminal y { 11 Doggett John [ieaumont F „ � dl All Paws' G o Veterinary Clin�ic�� al Company vv Pinnacle Plant Services i ,(Cel(be'r Solutions +� > '.Coi s e a*' ��Flowers Bakli o 4'3A8�1IN�Card-n�al�Dr�t o 7(-Cities Amuse�rnent ,k �;, 2 yt .Marathon o y jt F kciompressofFJeryices ®. Beaumo 410 Beaumont City m a y`y yccupationa Beaumont Solid' Flee[ Services ';i. Waste Department o TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: June 23, 2020 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, sewer, and water improvements in Fairfield Subdivision, Phase VT. BACKGROUND On June 12, 2020, a final inspection was completed for the following: • 858 linear feet of Lily Lane including the Cul-de-Sac. Recommended for approval are the street, sewer, and water improvements for Fairfield Subdivision, Phase VI right-of-way only. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. FOLSOM _ j DRIVE L J ��'y' f.ti HI f IfLDj RESOLUTION NO. WHEREAS, construction of the street, sewer, and water improvements constructed in Fairfield Subdivision, Phase VI have been completed as follows: ; and, Streets • 858 linear feet of Lily Lane including the cul-de-sac Street Maintenance, Sewer, and Water Improvements • Fairfield Subdivision, Phase VI right-of-way only WHEREAS, the developers of said improvements desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works has determined that said improvements meet City standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; 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 above -referenced street, water and sanitary sewer improvements in Fairfield Subdivision, Phase VI rights -of -way, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of- way and easements required on the preliminary and final plats and installation of the streetlights. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of June, 2020. - Mayor Becky Ames - BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAINSTREET TUESDAY, JUNE 23, 2020 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call Presentations and Recognitions Public Comment: Persons may speak on scheduled agenda items 4-7/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider a request for a Specific Use Permit to allow a wholesale shrimp company in an LI (Light Industrial) District located at 5620 Avenue A 2. Consider a request for a Specific Use Permit to allow a second dwelling on one lot for property zoned RS (Residential Single -Family Dwelling) District located at 6555 Claybourn Drive 3. Consider a request for a Specific Use Permit to allow a bar in aGC-MD (General. Commercial — Multiple Family Dwelling) District located at 39 N. 11t' Street 4. Consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize a final payment to Allco; LLC 5. Consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize a final payment to PM Construction & Rehab, LLC dba IPR South Central 6. Consider a resolution to remove and store the statue located at Wiess Park WORK SESSION Review and discuss Ordinance 20-020 related to the public health emergency disaster orders for the City of Beaumont 7. Consider amending Ordinance 20-020 related to the public health emergency disaster orders for the City of Beaumont, to consider reopening certain previously closed facilities WORK SESSION Review and discuss the City's finances and the FY 2021 Budget COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters 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 June 23, 2020 Consider a request for a Specific Use Permit to allow a wholesale shrimp company in an LI (Light Industrial) District located at 5620 Avenue A BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager �S PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 23, 2020 REQUESTED ACTION: Council consider a request fora Specific Use Permit to allow a wholesale shrimp company in an LI (Light Industrial) District located at 5620 Avenue A. BACKGROUND Hien Nguyen has requested a Specific Use Permit for the property located at 5620 Avenue A (also known as West Port Arthur Road). This property was formerly used as the Frito Lay distribution Center. The applicant would like to use the property as a wholesale shrimp processing/distribution company. The proposed use would include the occasional removal of the shrimp heads, but mostly sorting, packaging and freezing of the fresh shrimp tails for distribution. The applicant states that no product will be discarded in the dumpster. Any part of the shrimp that is not sold would be taken directly to the landfill. Hours of operation would be Monday — Friday, 8 a.m. to 5 p.m. All utilities are existing and adequate for the proposed use. At a Joint Public Hearing held on June 15, 2020, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a wholesale shrimp company in an LI (Light Industrial) District with the following condition: Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment and/or F.O.G. program. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following condition: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment and/or F.O.G. program. J SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: Hien Nguyen - APPLICANT'S ADDRESS: 2290 S.Bourque Ct. Nederland, TX 77627 APPLICANT'S PHONE#: 409-540-0901 or 318-289-3422 FAX.#: 409-724-7136 . NAME OF PROPERTY OWNER: Hien Nguyen ADDRESS OF PROPERTY OWNER: 5620 Ave A Beaumont, TX 77705 LOCATION OF PROPERTY: 5620 Ave A Beaumont, TX 77705 LEGAL DESCRIPTION OF PROPERTY: LOT NO. 2 OR BLOCKNO. BLOCKS.106 , TRACT PLAT Z� ADDITION SURVEY • A ' V NUMBER OF ACRES NUMBER OF ACRES 2 q38 For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: Wholesale shrimp company. The product will be shipped out after process is completed ZONE- LI ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back sided this sheet. ATTACH A REDUCED 8'h" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN %z ACRE.................................................................$250.00 '/z ACRE OR MORE AND LESS THAN 5 ACRE& ..... ::........... $450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understapd that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended V4 approved by City Council. SIGNATURE OF APPLICANT:. SIGNATURE OF PROPERTY C PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: At/4- CITY OF BEAUMONT PLANNING DMSION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 .TE• 05/22/20- .TE• 05/22/20 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Letter of describing all processes and,activities involved with the proposed uses Hien Nguyen, Property Owner 5620 Ave A Beaumont, TX 77705 May 22, 2020 We have selected this site because of the location, size of buildings is suitable for this type of facility. The hours of, operations are M-F from 8 a.m. to 5 p.m. may include Saturdays. Total number of employees are average from 10 to 15 at this facility. All parking spaces are more than what we need. The shrimp season normally regulated by state and usually the end of year slows down. Normally, outside waters, which may be set during the late winter to early spring months, usually beginning in December or January and extending into March or April. Our goal is to have enough shrimp to stay open and keep our employees busy_and help the economy. The existing site was occupied by Frito Lay Chips distribution center in Beaumont. All water and sewer connections will remain the same. The existing drainage system in the parking lots will not change and had no issues .with the flooding system. There is existing fire hydrant within 50' distance from building -on WPA Rd. over 900 gpm. The. existing buildings 'is sprinklered and all electrical system has been checked for proper usage on all equipment. There is one electric meter dedicated to office and one to all future equipment. There are 8' existing chain link fence around the property and sliding electric gate at the entry to site. There are security cameras at the entire site and exterior walls of buildings. We will be submitting our site utilities plan, floor plan for building permit which will includes, the main floor plan, electrical, plumbing, HVAC, ADA on office side and proper size of grease trap and life safety plan. We appreciate the opportunity to provide our service and stablish'our operations in Beaumont, TX. Sincerely, Hien fig yen, Property Owner SECTION 28.04.001, ZONING ORDINANCE REQUIRES THAT THESE EIGHT CONDITIONS MUST BE MET BEFORE A SPECIFIC USE PERMIT CAN BE ISSUED. Please explain how the proposed project will comply with each of these conditions in your application: 1- 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; Nature of operations is wholesale shrimp company; Proper cleaning process will be followed as per FDA requirements. Fresh shrimp tails will be brought into the facility If any fresh product is received that still has the heads, the heads will be removed. Usually, 90% shrimps are with tails only. The shrimp tails will go thru an automated machine that will grade the sizes of the tails. The shrimp tails Will then go thru another machine to be boxed. The boxed product will then be frozen with the high technology freezing equipment that individually frozen the shrimp then packed and ready for delivery by trucks for distributions. 2- That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; From the North side, is the laydown yard for industrial company. From the East side, is Spur 93 (West Port Arthur), from the West side is vacant and undeveloped land belong to this facility and from the South side, is vacant land belong to this facility and not developed. 3- That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; There are existing water, sewer, and drainage system from previous company. 4- 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; All existing driveway, parking spaces, will remain the same and will not affecting public. 5- That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; No product will be discarded outside in the dumpster and the process does not cause noise, dust, odor or vibration. Any shrimp heads that are not sold will be taken to landfill by truck (not in dumpster). 6- That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; There are existing parking lots lights that are facing the buildings for security purpose and lighting for visibility and will not affecting other properties. 7- That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and Since this is existing facility and has been in operations for many years, the existing landscaping remain the same. 8- That the proposed use is in accordance with the Comprehensive Plan. This site will be utilized and followed as per all above conditions 1 thru 7. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A WHOLESALE SHRIMP COMPANY IN AN LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 5620 AVENUE A IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Hien Nguyen has applied for a specific use permit to allow a wholesale shrimp company in an LI (Light Industrial) District for property located at 5620 Avenue A, being Plat B-20, Lot 2, Block 106, J.A. Veatch Survey, Beaumont, Jefferson County, Texas, containing 2.938 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a wholesale shrimp company in an LI (Light Industrial) District for.property located at 5620 Avenue A, subject to the following condition: ;and, • Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre- treatment and/or F.O.G. program WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a wholesale shrimp company 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 wholesale shrimp company in an LI (Light Industrial) District for property located at 5620 Avenue A, being Plat B-20, Lot 2, Block 106, J.A. Veatch Survey, Beaumont, Jefferson County, Texas, containing 2.938 acres, more or less, as shown on Exhibit 'A," is hereby granted to Hien Nguyen, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition: • Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre- treatment and/or F.O.G. program. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of . June, 2020. - Mayor Becky Ames - t& � i. `yam`•-.�.s %�. ♦ S� � _ "' � I -tr'c 7 ti 1. J "^};' 4 x st . G'w1t'�•+' k '• ma's, h t bs �- -x iAz- z44 RRo a1uIq L '� N y..r � i� ,s.y ��k-si {• # � t 'J _ `� � t ��jt .� �1' � ' S 1� r�^.,3, i n J`J �� s /; �'. =�` "c a - -�' •i l i Jt n.� r > , 't' r s� _ �s� t ' 5c� r,r �•� � >� 1 :. a� -Vt- ; �i �,,+ + ��✓mot ��\ � 5-`� lit "Y J ':\• •J. 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I I _--_ -- _— f SEE `CAPPED -Ula iwurAtl =r 2 June 23, 2020 Consider a request for a Specific Use Permit to allow a second dwelling on one lot for property zoned RS (Residential Single -Family Dwelling) District located at 6555 Claybourn Drive BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager �S PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 23, 2020 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a second dwelling on one lot for property zoned RS (Residential Single -Family Dwelling) District located at 6555 Clayboum Drive. BACKGROUND Danielle Goodwin of Anderson Homes is requesting a Specific Use Permit to allow a house with a second dwelling in the rear at 6555 Claybourn Drive. Ms. Goodwin's client would like to build a new home including a pool house with entertainment space, a kitchen and a full bath. As the structure is separate from the house and includes all of the elements in a residence, a Specific Use Permit is required. At a Joint Public Hearing held on June 15, 2020, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a second dwelling on one lot for property zoned RS (Residential Single -Family Dwelling) District with the following conditions: The pool house shall not be used as a separate rental unit. 2. Utilities must extend from the main structure without a separate meter. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: The pool house shall not be used as a separate rental unit. 2. Utilities must extend from the main structure without a separate meter. SPECIFIC USE PERNUT APPLICATION EEAIJM®NT9 TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTS NAME: Danielle Goodwin 'STo,y�y {?r~.T1T ®r;, nq� t✓ t� APPLICANTS ADDRESS: 7770 Gladys Ave, suite A. Beaumont, Texas 77706 APPLICANTS PHONE #: 409-860-3 9 33 FAX NAME OF PROPERTY OWNER. Yue - Min, and Victoria TI1a0 Dai ADDRESS OF PROPERTY OWNER: 6475 Ellington Lane LOCATION OF PROPERTY: Beaumont, Texas �555 C(, g O t1U LEGAL DESCRIIPTIION OF PROPERTY: LOT No. 6 OR BLOCK NO. 14 ADDITIONXII NUMBER OF ACRES 0.3870 TRACT PLAT SURVEY NUMBER OF ACRES ]For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use Permit, and a complete legal field note description. PROPOSED USE: New Home Residential Construction ZONE: ATTACK A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %1, X 11,, pHOTOCOPY O]F THE SITE PLAN. THE ]EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit PLEASE ADDRESS EACH CONDI T dON IN ➢D)ETAM. ATTACH THE APPROPRIATE APPLICATION FEE; E; LESS THAN % ACRE ......................................... ........................$250.00 %ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE .............................. ........................$650.00 I, being the undersigned appli t, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as ended and approved City Council. SIGNATURE OF APPLICANT: DATE:�N 1 SIGNATURE OF PROPERTY OWNER: �'/,i DATE; ` Z 2 ` 7 PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 FILE NUMBEFL-_J i 1 :S _ P BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PL&N AND LETTER OF PROPOSED USES AND ACTIVITIES. ANERERSON H'oMES The proposed use of this pool house is designed to entertain :and enhance the poolside experience'by minimizing the need to enter the actual house during pool time. At its simplest, it is the place where guests can change into sw.=wear and where the homeowner might store the plethora of pool toys and pool -maintenance accessories. Thank you, Danielle Goodwin Anderson Homes Dgoodwin@andersoncustomhomebuilder.com 7770 Gladys, Beaumont, TX 77706 ph. 409-860-3133 wivw.andersoneustomhomebuilder com r N_ _A_H., Certified Green Professional iqwlars 1p tom. �nw�+�h �r �m�r �VOp� v�ue� w�twin �mmQ�ir�c V1C1" �ti ^ I)nQ,pvo06�tQ �4d)tabUShm�� wii► Mgy� �/J�.QD�iV�U�C 0:-V1d- Iry1QlN�l`(�.Ydl" go �ev�'�tcA, aA�c�am �,acc.�J voac�.�na r�c�n�aw� �►ng JJ hodue pt fROM J�`v��uU� axed �Aw.�na� MMMO � amd e011u t �10 " u.�icvlav fund p�,�.e0tna� W�i u�itiY�oJ� o�dn��rSS�j .�Uc 0r (�- dwilomw - bb a��l�U��� ►�v P��tiq� 'MQU�vo•�D i n plau- lp �rp)JPrY� dUI1A 1�1N►VDl t)ftk1 JQ, U clD�� {fll'm.Ql>> dW$9', Ol&td- VIb�rU�1(Kl � lo° �6l c�irec��ae u91�'� Mill `� l+nh+alRd 00t W—d40b. \p.0 Vt sucfit�.cv� (�ndpCA,p;�j � sv�nn9 �+nD-la�d � � �� VVqtNb ►ve �i nDvr� hpvmom j � Comibl la��j JUc fig, Tu pofoX4 u�os in acvdawWU N, comb VO j POOL HOUSI= FOUNDATION ' SCALE: 114" = I'-O" DBL 2XU PoRcm ' 1. xv , 1 � I , FAN FT 1 , S I -COL. 2XI2 'J,; I BED RwCLGY 9=3° LOCATION FOR POOL EQUIPMENT, C.E?IERATOR AND AC UNIT ,ERIFY LZE OF, PAD MTN BUILDER TX5 Jr. BLK LLB FOR B'-11L5° GRAB BARB p 30 LIN' 1 CAgI I TILE CLOSET 10' CLC. 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WHEREAS, Danielle Goodwin, on behalf of Anderson Homes, has applied for a specific use permit to allow a second dwelling on one lot of property in an RS (Residential Single Family Dwelling) District for property located at 6555 Claybourn Drive, being Lot 6, Block 14, Barrington Heights, Beaumont, Jefferson County, Texas, containing 0.387 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a second dwelling on one lot of property in an RS (Residential Single Family Dwelling) District for property located at 6555 Claybourn Drive, subject to the following conditions: ;and, • The pool house shall not be used as a separate rental unit; • Utilities must extend from the main structure without a separate meter WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a second dwelling on one lot of property 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 second dwelling on one lot of property in an RS (Residential Single Family Dwelling) District for property located at 6555 Claybourn Drive, being Lot 6, Block 14, Barrington Heights, Beaumont, Jefferson County, Texas, containing 0.387 acres, more or less, as shown on Exhibit "A," is hereby granted to Anderson Homes, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • The poll house shall not be used as a separate rental unit; • Utilities must extend from the main structure without a separate meter. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of June, 2020. - Mayor Becky Ames - r ✓ SrF;! '� � r .✓ 1 r . f 1 6 i F. 1 1 � _ r✓ 1 � •'mac,,,, fl � . f �r1Ji:7 J! A,•_}L j 71i j7 , r �,r1,5 f� r•�X r-•rrrl a 5 h rr err`—�'��..��77�t� - ���s i L-n tv � � '�•k I 'P- �t.p s ✓ i y bra 1 '.; '7� �� ai t- `%� i J-10 it 7 t _ _4 M ; 00% F� wil I I�F 1� a i- ci'- J'• .14 f �O �! 730` pg (92 0602515,11 w 103,310 `OC4 7C / �N V v on FLOT FLAN SCALE = 1.11 = 20'_011 Y R/V✓V CLA 1 eOUf;RN � ;I�1C T0N HEIaHT8 EXHIBIT "B" 3 June 23, 2020 Consider a request for a Specific Use Permit to allow a bar in a GC -MD (General Commercial — Multiple Family Dwelling) District located at 39 N. 1 lth Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 23, 2020 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a bar in a GC -MD (General Commercial — Multiple Family Dwelling) District located at 39 N. 1 lth Street. BACKGROUND Flame 2.0 Daiquiri and Bistro is applying for a specific use permit to allow a bar in a GC -MD (General Commercial -Multiple -Family Dwelling) District. The facility will be located in an existing strip center on 1 lth Street. The address of the property is 39 N. 1 lth Street. In 2014 a Specific Use Permit was approved for a bar at this location. It has been more than a calendar year since that bar was open, so a new application is required. The property is located less than 1000' feet from two school properties. City of Beaumont ordinance states: See. 6.03: 003 Proximity of dealer to school, church, day care center or child care facility (a) Except as otherwise provided by the Texas Alcoholic Beverage Code, it shall be unlawful for any person to sell or possess for the purpose of sale any alcoholic beverages where the establishment or place of business of any dealer is: (1) Within three hundred (300) feet of a church or public or private school; (2) Within one thousand (1, 000) feet of a public school or a private school if the governing body of the city receives a request from the governing body of the private school or from the board of trustees of the school district under section 38.007, Education Code; or (3) Within 1000 feet of a day care center or child care facility, as those terms are defined by section 42.002 of the Texas Human Resources Code. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and the church, public or private school, day care center, or child care facility shall be determined as described in sections 109.33 and 109.331 of the Texas Alcoholic Beverage Code, as amended. State law (Title 4, Chapter 109, Subchapter A, Section 109.33 "Sales near school, church, or hospital" (c)) requires that the applicant must give written notice of the application to officials of public or private schools within 1000 feet of the nearest property line. The applicant is required to provide a copy of the notice to the State commission with the application. Utilities and drainage in the area are adequate for the proposed use. Existing parking provided on the lot will be sufficient for the proposed bar. At a Joint Public Hearing held on June 15, 2020, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a bar in a GC -MD (General Commercial — Multiple Family Dwelling) District with the following conditions: 1. "No Loitering" signs shall be posted in the parking lot. 2. Applicant provides notice to any school having property- within 1000 feet of the subject property and the State as required by State law. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. "No Loitering" signs shall be posted in the parking lot. 2. Applicant provides notice to any school having property within 1000 feet of the subject property and the State as required by State law. SPECIFIC USE PERIMT APPLICATION BEAUMONT, TEXAS (Chapter 30, City Codes) TO:. THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: APPLICANT'S ADDRESS: aqN r-LrJ S�G �-t APPLICANT'S PHONE#: mil. U5S ` FAX#: NAME OF ADDRESS OF OWNER: S6 5-6 7�w b`e- LOCATION OF PROPERTY: `t Imo• % ;5'-a--tom S7�tr / 1" LEGAL DESCRIPTION OF PROPERTY: LOT NO BLOCK NO. ADDITION NUMBER OF ACRES 2 Z OR TRACT t 2-- PLAT SURVEY NUMBER OF ACRES _ For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 V2" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN %a ACRE............................$250.00 ............:..................... . %Z ACRE OR MORE AND LESS THAN 5 ACRES ........... :....... $450.00 5 ACRES OR MORE................... :.............................................. $650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered ended and approved by City Council. % SIGNATURE OF APPLICANT: ' DATE: SIGNATURE OF PLEASE TYPE ORPRINT AND SUBM[T TO: FILE NUMBER NOT APPLICANT-) DATE: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING TEE SITE PLAN AND LETTER OF -PP nAnQRT)iiCRS AND A('.TiVTT F-S_ Flame 2.0 - Introduction / Specific Use Flame 2.0 is a daiquiri shop that will sell wine & beer in accordance to all city,state & federal laws. We have applied for our TABC liquor license via TABC, We've complied with TABC in notifying the public of our intent to sell by placing a sign on the property for 60 days, we've also placed an add in the paper per their request. We've also paid any applicable fees. Flame 2.0 will create daiquiris via the purchase of daiquiri machines, & wine blends with only the allotted permissible alcohol potency in accordance with legal limits. Flame 2.0 will adhere to all guidelines & laws set forth pertaining to alcohol sales & procedures. Flame 2.0 will seal, all alcoholic beverages via a cup sealing machine. Flame 2.0 will ID and verify the age of any potential customer requesting an alcoholic beverage. Flame 2.0 will ensure that all managers and servers are compliant with federal and state laws by paying to have all potential servers and managers certified to sell alcohol from TABC or sources alike, e.g selfsery etc., note :Owner has already obtained certification. Flame 2.0 will in force the right to decline alcoholic beverage sales to any one, overly intoxicated, acting belligerent or negligent. Flame 2.0 will serve food & non. alcoholic beverages in accordance with the City Of Beaumont regulations. We have been working closely with the health department and food services, water quality, fire department, planning and zoning, building codes, public works and drainage district to ensure all procedures are met. I'm addition all food prep equipment will be inspected and all servers & managers will obtain a license to handle food. Note: owner has been certified. Operating hours . will be Monday - Thursday from l lam to 1 1pm Friday- Saturday 11am - 2am -Sunday - I I am - 6 pm. Flame 2.0 has also installed the latest 4K security systems with video/ audio to protect the establishment. In addition there will always be trained security personnel on site to deter any offensive behavior. Questions & Answers Flame 2.0 will not diminish or impair property values. We're very optimistic that we'll do the complete opposite, not only will the generation of customer base increase sales for neighboring businesses, in addition we're adding multiple elements to the plaza which makes it convenient for shoppers, E.G There is currently no - establishment where a shopper can buy food or get a cold beverage. This could pose a major inconvenience to shoppers without transportation, elderly. individuals etc. We're simply adding convenience. Furthermore, property owner and neighboring businesses have been extremely welcoming. Flame 2.0 will not impede the normal and orderly development and improvement of surrounding vacant property. Flame 2.0 will be supportive in regard to any development and/or improvement of surrounding vacant property. We want to see the community grow commercially. There will be no opposition. Flame 2.0 will ensure the adequate utilities, access roads,drainage and other necessary supporting facilities have been or will be provided. We have been working very close with sectors of the City Of Beaumont to ensure the compliance E.G Building Codes, Planning Zoning, Water utilities and are hopeful in regard to the passing of all inspections prior to being open for business, Furthermore at the pre development meeting on 2/20/20 we received no opposition in our efforts to open. The design, location & arrangement of all driveways and parking spaces must provide for safe and convenient movement of vehicular an pedestrian traffic without affecting the general.public or adjacent development. We're completely in agreement with this code. Per our lease contract we've been allotted 20 parking spaces. These spaces adhere to all guidelines and does not pose any potential hazards relative to pedestrians, traffic, or neighboring businesses. In any instance that Flame 2.0 parking causes issues we will immediately make reasonable accommodations. • The adequate nuisance prevention measures have been or will be taken to prevent or control offensive orders, fumes, dust, noise and vibration. Yes, Flame 2.0 has & will continue to take preventive measures to ensure no disruption of services to neighboring businesses and community E.G sealing off any gaps in doors or floors, sound proofing, fire proofing via 3in installation in walls & ceiling. We've also purchased filtration systems to control dust, pollen, fumes etc. Flame 2.0 will ensure directional lighting will be provided so as to no disturb or adversely affect neighboring properties. Yes, In reference to lighting Flame 2.0 has installed 5% tint on all windows to ensure no light will affect neighbors, the same applies for lights outside the space. Prior.to any outside signage being installed we will touch base with the property owner in regard to brightness aswell as neighboring businesses. We will also get an inspection from the City Of Beaumont for the outer signage. Flame 2.0 will ensure sufficient landscaping, by providing hourly outdoor housekeeping. Note: There is currently no grass around the space, Suite is in a strip center where the entire lot is concrete. Flame 2.0 has ensured that the proposed use is in accordance with the comprehensive plan by meeting all requirements and regulations prior to opening of business. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BAR IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 39 N. 11TH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Flame 2.0 Daiquiri and Bistro has applied for a specific use permit to allow a bar in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located. at 39 N. 11th Street, being Plat C6, Tract 63, N. Tevis Survey, Beaumont, Jefferson County, Texas, containing 1.38 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a bar in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 39 N. 11th Street, subject to the following conditions: ;and, • "No Loitering" signs shall be posted in the parking lot; • Applicant provides notice to any school having property within 1000 feet of the subject property and the State as required by State law WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a bar 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 bar in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 39 N. 11 th Street, being Plat C6, Tract 63, N. Tevis Survey, Beaumont, Jefferson County, Texas, containing 1.38 acres, more or less, as shown on Exhibit "A," is hereby granted to Flame 2.0 Daiquiri and Bistro, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • "No Loitering" signs shall be posted in the parking lot; • Applicant provides notice to any school having property within 1000 feet of the subject property and the State as required by State law. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, -the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of June, 2020. - Mayor Becky Ames - � 1,� fit•,• ;� 1'.-- �-.'I .�' "I +,'� � t.�� � a d Wk S.64 ,► -- r' v i oil it it yy 11�� p •�,gE�`. _ t 7 'T. .=�^• qqr "4 f� jjT 3 sup v = { o xy XFi _ `,rye ,,,� �•�ri iE (J,�„ �, Q .a j � T� 9 _ �:n ^ - �E� \'�`,�• _ -ATE ".' may,' -- ,�- a a,..., ` $ .i--' 1, .�✓� • "mil .t L �� � - �, 1�— J -'S �,, . .,. . z, nv�r. is ii.• "'p a .i.' s j• _ ,'.`t :.0,•. ••'' �'k �`�' - i:® !' , I s P•F >a���vvgppC � �f-.Ad+ln. i �••�•,,.... ..._ _. � � 1 . r _ - Lbmm _ ... _ uY ,eve• TIFF . i ' 'i ['�-� �.1 R •• .i _ .mlylID :..... ..•... 'J 7t ,'' •r ,•;.4 j-.�t' R •• •I : 'Yy aew True• eli� •l..•, R T, i ; tl : • r xnalr via.. 'f A ., J+�uo ,' F i ${+. f _ 1 r 4 ;rQcirSe Aeges i � t . .#f j t F. 8: `R .\�� �t• �;:• Ra � y nut 9�* F j]]jj j �{•. :\ ._ FI f¢� ; `L:� iF n:o } �F' ��� !•? .i ',I '. oust •t l��' . •aSl�r* I`ki, ? i ��' L']: .r. 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BACKGROUND On July 9,.2019, by Resolution No. 19-143, City Council awarded a contract to ALLCO, LLC, of Beaumont, in the amount of $1,416,203.00, for the t lch Street (IH-10 Frontage Road to 200-ft north of Delaware Street) Project. Change Order No. 1, in the amount of ($26,345.60) is attached for your review. Proposed Change Oder No. 2, in the amount of ($52,472.84), is required to adjust estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $1,337,384.56. 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 $375,019.85 is recommended. FUNDING SOURCE Department of Transportation Federal Highway Administration in the. amount of $1,001,475.00 and the remaining amount from the Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 19-143 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the 11th Street Resurfacing Project (1H-10 to Delaware Street); and, WHEREAS, ALLCO, LLC, of Beaumont, Texas, submitted a complete bid meeting specifications in the amount of $1,416,203.00; 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 $1,416,203.00, for the.11th Street Resurfacing Project (IH-10 to Delaware Street); 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 9th day of July, 2019. i- a or Becky Ames - . o CITY OF BEAUMONT DATE: Map 6, 2020 . CS .. 092038.260 - RIGHWAYs IITB STREET RESURFACING .PROJECT. iT[ASTREEFACPRFSURFACEPROJECTFROmarl U FRONTAGE ROAD TO M FI NORTH OF DELAWARE STREET' COUNTY: JEFFERSON DISTRICT BEAUMONI - CONTRACTNUMBER: PW1019.OI OWNER CIIYOFBEAUMONT CONTRACTOR ALLCO, LLC CHANCE ORDER WORK LIMITS: STA 00N)O TO STA38+22 - TYPE OFCHANG& MINOR - - CHANGE ORDERNO.2-FINAL . ..,-:..:.. •..-:.:. 1.,,-y.� ;.)TH1.,,F0L7AWIIPO,qHANGEB III{'HE,PLAPS AFD/0R,6YSCIPfCAT108S ARE.HEREBY,MADE:... . . . Qmmidesnaju#edro ieDa[tuvl lkldmmnaemaai Nm Il®Na. Rem Cade .. Daa)Dtion IIoit Q0..ficyl Qa dly UWt Price. Total -I10 6001 - EXCAVATION(ROADWAY) CY 145.00 140.6E S 37.00 E 159,94 247 6233 FLEX BASE 07A (OR2 i2•)(D (comp. IN PLACE) BASE COURSE SY 253.00 236.04 S 46.00 S 80.16 340- 6135 D;GR HMA(SQ)TY-D jPG76-22NO SUBSR73TTE)(IS') TON 2.08A00 2.185.86 S124.80 S I3,836.93 360 6M2 CONC PAV UOINTREINF1 to- .Sy 234.00 ..236.04 S .. 107.00 S 21828 361 6002 FULL- DEPTH CONCRETE REPAIR(: SY 775.00 724.49 S 180.00 S 091.80 530 .6014 DRIVEWAYS AND TURNOUIS V MACTY-D P076.22N0 SUBST17UM TON 315.00 109.83 S 195.00 S 40008.15 60 .. 6003 REFLPAVMRXTYI )4•(BRK)(IDOMMIMOSEALERREQUMED). LF 1.870.00 1.805.00 S •- 090 S PESO 666 1 6012 IREFL PAV MRK TY I(W M) 4•(SLD)(100MM) (NO REQUIRED) LF � 6900.00 7.014.00 S�' 0.80 S 9120 666 6130 REFLPAV MRKTYI 4' 1003MM MO SEALER LF I.480.00 1.484.. S .090 S 3.60 666 6I26 REFLPAV MRRTYI 4' SLD 100MIL1 OSEALER RE UIRFD LF 1 7.035.00 6M77.00 I S 0.81, S 46,40 M6 6036 REFL PAV MRK TYI 8'(SLD IOOMIL (NO SEALERREQUIRED) LF 500.00 76ZOO S' F.- S ' $24.00 666 6048 REFLPAVMRKTYI(WHIIE)2V(SLD)(IOOMII. MOSEALER RE U1RED ''LF 155.D0 I :. 150.00 S .1L00 S 90.00 7I3 6005 __ WE. OAND SEALING JOINTS AND CRACKS(CLASS 3 LF 29 00.00 - 0.00 S 260 S 1591200 TOTAL: .SnATIM ._,: ,._..,.v:r-... .:. ..:: •... _.... .,-:..._O CALFdTD@RDATS WILL BE ADDED SO T8I8 CHANGE ORDL'R;. -. -._:.: = v�•r:=•-.: ,,,c.. ORIGINALCONTRACTAffiOUNT.- S1.416203.00 ' • NET FROM PREVIOUS CHANCE ORDERS: _ S26 54P.60 TOTAL AMOUNT OF THIS. CHANGE ORDER -E52,472.e4 PERCENT OFTHIS CHANGE ORDER - -3.71 TOTAL PERCENT CHANGE ORDER TO DATE: -5.57Y. . NEW CONTRACT AMOUNT: $1,337.39456 BY- P -ABED tD Lad B DON HARAIS ALLCO LLc D T. AVID TING CTMANAGER DATE /5 -76 AMALIA VILLARREAL, CITY ENGINEER DATE - . RAMARTK DATE DIRECTOROFPUBLICW.ORKS AND TECHNOLOGY SERVICES APPROVED BY: ATTESTED BYi - KYLE HAYES, CRY MANAGER DATE TINA BROUSSARD, CITY CLERK DATE i:f:: CITY OF BEAUMONT DATE: N.reaber26,2019 CSJ: 0920J8-260 . -HIGHWAY: 11TH STREET RESURFACING PROJECT. IITH STREETACP RESURFACE PROJECT FROM IH Ill FRONTAGE ROAD T0200 FT NORTH OF DELAWARE S[REEF COUNTY: JEFFERSON DISTRICT BEAUMONT CONTRACTNU.MBER: PW1019-0I OWNELL. CII'Y OF BEAUMONT CONTRAC[OR: ALLCO,LLC - . CHANGE ORDER WORK LLHMTS: STA 00+00 TO STA 38+22 - TYPEOFCHANGE: MINOR CHANGE ORDER NO.1 •T1% FOLLOWRTO:CHAl(OES,IN THE PLAHS AND/OR SPECff_ICATIONB ARE IiEREBY BfADE:,, :.. .. .. F9066s wad: will bewithin dm Itth SLROW:Qaaatityad)As fwdmdemramefmnmetempaio(tt®361-6002}Itmr354-6035w removedb==itwaadeemeduamceaaya0e dm addition cfthe aspholioveday ofdrirenaya via da chaise order. Hoo Raul cons:ediue hubwncb=GW ftwa a aidliva andamino. ItwU aow comic ofmkavation @mr Iio. 600IX Rea bue Installation Rt®2476233),and 10'mnmete(av®eat(Item 3604W2)(.T u+50toSI'A16+50)LAa—excrmgsafaeewill be Placed o to cavpmpare f«a flush Ge in withthe ddv wm sod to pmvida amown on fhe rood fwnex)mush=flow(h=3405L73)(STA 0+00 to 3S+00} Tim mishg drivmW3up to the ROW, have dmai=cd and min poareoodiimwithmmypotholesandloommmaW Because cfthis, Itaa 530.6014 will be wed far the overlay ofthb ddv=2y3(STA4+00 to STA36+00Z A Intel ofsix(6) sham have beest added to the plan err May me: DRWI.5, andRDTS. The work proposed is vd9a the smpe ofthe pro)emas mvhommmlally cleated "Item No. Item Code Dmcripdoa Unit Original Quaodry New Qoaodp UaltPrke .Total 354 6035 PLANE CONCPAV(0'TO I'TAPER)(PLAN RIh'ITCOST IS SETAT SY -7398.00. 0.00 E 3.00 S 16.990.00 351 6002 FULL- DEFTH CONCRETE REPAIR - 'SY, 2,30.00 '.775k() S I80.00 S 72.780.00 Ila 6001 EXCAVATION (ROADWAY) CY 0.00 145.00 S 37.00 S 5.365.00 247 . 6233' FLEX BASE A)(GR2(12-)(DC)(COMP. IN PLACE) BASE COURSE SY - 0.00 253.00 S 46.00 S 11.638.00 340 6135 . D•ORHItA(SQ)TY-D 6.22NOS 1 TON 0000 2.M.00 S 124.80 S259.958.40 360 6032 CONC PAV IOINr REIN00- - - - - SY 0.00 234.00. S: 107.00 S 25.038.00 530 6014- DRIVEWAYS AND TURNOUTS rHMACTY.D PG76.22 NUNRSTTTUTEI TON 0.00 ..1315.00 S 19100 S 61A25400 CAI.SRDAiInAssVIM seiiDDEnTorM.s'cHAflGEORDER' ' ORIGINAL CONTRACT AMOUNT: S1.416203.00 NET FROM PREVIOUS CHANCE ORDERS: $0.00 TOTALAMOUNT OF TEIS CHANCE ORDER: - J26345.60 . PERCENT OFTH6 CHANCE ORDER: -1.86% TOTAL PERCENT CHANGE ORDER TO DATF. _ -1.86% NEW, CON TRACT AMOUNT. S089.857.40 BY:A P ABED 7L / BRANDON HARRLSOr ALLCO, LLC - DATE DAVID TINGLE., Pl JECr MANAGER - DATE - ..BY REVMEWED BY: ' P ti �� �1l�nl 1z z ISAROLD ,AO AYDESIC.YEAID DATE AL1N4 �DA ' DDOM ,APPROVED IIYt '� I By% ... 1 -•I� KYLE HAYES, = MANAGER DATE ' . TMABRO SSARD, CITY CLERK . : ' DATE . . 000aac0oet\0\ a' Lu CITY OFBEAUMONT _ .. ESTIMATE . " PROJECT: CSJ 0920-38-26011TH STREET RESURFACING PROJECT AWARDED CONTRACT AMOUNT: .$1,416,203.00 PERCENTOFTIME USED:.. I 98AG CONTRACTOR: ALLCO, LLC. - CONTRACT DATE: Se Lember3,2019, PERCENT OF WORK COMPLETED: 100.0014 MONTHLY ESTIMATER: 07 CURRENT CONTRACTAMOUNT I - $1,337,384S6 PERIOD ENDING: March 1-Apr1130,2020 CONTRACTWORKING DAYS: 130 CHANGEORDERS: 2-FINAL WORKING DAYS USED: 120 - ITEM DESC -'.DESCRIPTION •"EST. :'..UNIT' '= PREVIOUS '• TODATE .TOTAL ESTIMATE 'UNIT2 TOTAL ,NO. CODE ,+ -:,. , QTY, "MEASURE'rc ESTIMATE: "' ESTIMATE "TO DATE PRICE AMOUNT'! 100. -6001 . PREP ROW(UNITCOST IS SETAT$300.00 PER STA) .. 38.00 - .STA .38.00 MOD '38.00 $ 300.00 .$ . 21,400400" '110 6001 EXCAVATION (ROADWAY) '140.68 CY 140.68 .0.00 140.68 $ 37.OD $ 5,205.16 '247 6233 FLEX BASE (TYA)(GR2(lY)(DC)(COMP. IN PLACE) BASE COURSE Z35.04_ SY 236.04 0.00 236.04 $ 46.OD $ 10,857.84 -340 613S D-GR HMA(SQ)TY-D IPG76-22 NO SUBSTITUTE)(LV) 2,185.86.. TON 0.00 2185.86 2,285.86 $ 124.8D $' 272,79S.33 344 6063. SUPERPAVE MIXTURE IWMA 31)ITY.-CSAC-A](PIS 76.22 NO SUBSIITUTEI(PLAN CITY) 25.250.00, . SY 25,250.00 0.00 25,250.00 $ 19.20 $ 484,800.00 '354 603S PLANE CONC PAV (0-TO1'TAPER) (PLAN CITY)(UNIT COST IS SET AT$5.00 PER SY) O.DD SY 0.00 MOD 0.00 $ 5.00 $ 3S4. 6048 PLANE ASPHALT CONCRETE PAVEMENT (W;3') [PLAN QTYI 25,250.00 ...SY 25,250.00 MOD.. 25,250.00 $ 7.00 $.,. .276,750.00 '360 6032 CONC PAV (JOINT REINF)(10') "236.04, SY 236.04 0.00 236.04 $ 107.00 -$ 25,256.28 1361 .6002 FULL- DEPTH CONCRETE REPAIR(B') 724.49 SY 724A9 0.00 724.49 $ 180.00 -$ 13D,408.20 SOD 6D01 MOBILIZATION .:1.00 - IS 090 0.10 - - LOD $ 39,SOMDO $ 39,500.00 502 5001 BARRICADES, SIGNS AND TRAFFIC HANDLING 6.D0 'MON 6.00 MOD 6.00 $ 12.000.00 $ 72,000.00 .530 6014 DRIVEWAYS ANDTURNOUTS(HMAC7Y-D PG76.22 NO SUBSTITUTE) 109.83 TON 0.00 109.83 109.93 $ 195.00 $ '21,416.135 '656 6003 REFLPAVMRKTY I(WHITE)4'(BRK)(100MIL)(NO SEALER REQUIRED) - 1,130S.001 LF MOD 1805.00 2,805.00 S 090 $ 1,62450 '666 6012 REFL PAV MILK TY I(WHITE)4'(SLD)(100MIL)(ND SEALER REQUIRED). 7,014.00 LF 0.00 7014.00 7,014A0" $ " 0.80 $ S,61L20 •666 6120 REFL PAV MRK TY I(YELLOW)4'(BILK)(IOOMIL)(NO SEALER REQUIRED) 1,484.00 LF 0.00' 14KOO 1A04.00 $ 090 $ "1,335.60 •666 6126 REFLPAVMRKTYI(YELLOW)4'(SLD)(100MIL)(NOSEALER REQUIRED).. 6,977.00 LF. 0.00 6977.00 6,977.00, .$ 0.80 $ 5,581.60 '666 6036 REFL PAV MRK TY I (WHITEI B" (SLO) (100MIL) (NO SEALER REQUIRED) 762.00 " , LF 0.00 762.00 762.DO $ Z.00 1 $ 1,524.00 1665 6048 REFL PAV MRKTY I(WHITE)24"(SLD)(IOOMIL)(NO SEALER REQUIRED) 150.00 LF 0.00 1SMOO 150.00 $ 18.00 $ 2,700.00 668 6077 . PREFAB PAV MR TY C IW)(ARROW) . 17.00 : EA 0.00 17.OD 17.00 $ 3DO.OD $ 5,1 W-00 668 6085 PREFAB PAV MRK TY C(W)(WORD) 7.00 EA 0.00 7.00 7.00 $ 390.00 $ •2,730.00 '713 6005 CLEAMNGANDSEALING101MSAND [ITALICS (CV553) 23,380.00 LF 23,38000 0.00 23,380400 S 2.60 S 60,788.00 PREPAREDBY: DAVI G ROJEWAIJAWR 1 e ` DATE ^ REVIEWED BY: `�_ 1 S - AMA •A VI RR CRY EN NE R DATE % .APPROVED BY: -' �" Q Z Q 8 RTKOWIAK DATE DI E OR OF PUB C WORK AND TECHNOLOGY SERVICES Cu".. 19114,40 ALLCO, LLC, REP �SENTATIVE DATE - Icertifytho allworkIncludingmaterlals. covered bythis invoice have been completed or delivered In accordance with Contract documents. _ GRAND TOTAL AMOUNT OF WORK DONE. $ 1,337,384.SG LESS S%RETAINAGE:: SUBTOTAL: $ 1,337,38456 LESSPREVIOUS PAY ESTIMATE:" _ $ 962,364.71 FINAL PAYMENT WITH RETAINAGE: $' 375,019.8S RESOLUTION NO. WHEREAS, on July 9, 2019, the City Council of the City of Beaumont, Texas passed Resolution No. 19-143 awarding a contract in the amount of $1,416,203.00 to ALLCO, LLC, of Beaumont, Texas, for the 11th Street Resurfacing (IH-10 to Delaware Street) Project; and, WHEREAS, on December 3, 2019, the City Manager executed Change Order No. 1, in the amount of ($26,345.60), to adjust the quantity for the decrease of concrete repairs needed as a result of the addition of the asphalt overlay of driveways within the 11th Street right-of-way; the change of Hoover Road milling and overlay to excavation, flex base installation and 10" concrete pavement; the placement of a wearing surface over the asphalt level -up of driveways and a crown for sufficient sheet flow; and, the overlay of existing driveways up to the right-of-way, thereby decreasing the total contract amount to $1,389,857.40; and, WHEREAS, Change Order No. 2, in the amount of ($52,472.84), 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 $1,337,384.56; 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 ($52,472.84), to address the items described above, thereby decreasing the total contract amount to $1,337,384.56 for the 11th Street Resurfacing (IH- 10 to Delaware Street) Project; and, BE IT FURTHER RESOLVED THAT the 11th Street Resurfacing (IH-10 to Delaware Street) 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 $375,019.85 to ALLCO, LLC, 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of June, 2020. - Mayor Becky Ames - 5 June 23, 2020 Consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize a final payment to PM Construction & Rehab, LLC dba IPR South Central BE AU MONT TO: FROM: PREPARED BY: MEETING DATE: City Council Kyle Hayes, City Manager BartBartkowiak, Director of Public Works & Technology. Services June 23, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 2; accept maintenance, and -authorize final payment to PM Construction & Rehab, LLC dba IPR South Central. BACKGROUND On March 5, 2019, by Resolution 19-051, City Council awarded a contract to PM Construction & Rehab, LLC dba IPR South Central, of Pasadena, in the amount of $1,812,920.00 for the Pipe Bursting Work Order Contract — Phase II Project. Previous Change Order No. 1, in the amount of ($616.00) is attached for your review. Proposed Change Order No. 2, in the amount of ($335,677.94) 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 $ 1 ;476,626.06. This was a work order contract without areas being pre -selected. The amount of work that could be accomplished in the time period was over estimated and time ran out well before the amounts of the contract were reached. We recently awarded a new work order contract and have adjusted our estimates of work to better fit the contract time period. The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No.. 2, maintenance and final payment in the amount of $73,831.30 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 19-051 WHEREAS, the City of Beaumont solicited bids for the Pipe Bursting Work Order Contract -Phase II Project; and, WHEREAS, PM Construction & Rehab, LLC, dba IPR South Central, of Pasadena, Texas, submitted a complete bid meeting specifications in the amount of $1,812,920.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by PM Construction & Rehab; LLC, dba IPR South Central, of Pasadena, 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 PM Construction & Rehab, LLC, dba IPR South Central, of Pasadena, Texas, in the amount of $1,812,920.00, for the Pipe Bursting Work Order Contract -Phase 11 Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and -he is hereby authorized to execute a Contract with PM Construction & Rehab, LLC, dba IPR South Central, of Pasadena, 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 5th day of March, 2019. Mayor Becky Ames - CITY OF BEAUMONT DATE: May 15, 2020 PROJECT: I Pipe Bunting Work Order Contract-. Phase 11 OWNER: CTTYOFBEAUMONT - CONI•RACI'OR: PAT Construction & Rehab, LLC dba IPR South Central CHANGE ORDER: 2 THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: Adjustment of estimated quantifies in the contract to reflect the actual quantities used in the completion of the project " ITEM NO. ITEM CODE DESCRIPTION UNIT BID QUANTITY ACTUAL QUANTITY UNIT PRICE CHANGE ORDER AMOUNT 2 361 Full Depth RcpairofSide Walk(5-)SY 100 0 S 54.56. S (5,456.00) 3 361 Full Depth Repairof Driveway (6") SY 100 -7.77 S 68.64 S - - (6.330.67) 4 351 Flenble Pa%=mt Structure Repair(4�) SY 500. 325.7 S 51." $ (8,896.27) 5 1 402 Trench Excavation Protection LF I,000 417 S 3.52 IS (2,052.16) 6 ' �502 Barricades, Signs and Traffic- Handling EA .40 "0 S 220.00 S (8,800.00) 7 708 . Remote and Replace or Install New Std. Fiberglass Manhole. Y to 8' Depth (With all Joints and Connections 30 11 $ 3,960.00 $ (75,240.00) 8 709 Install Shallow Manhole, Less than Y DeA With All Joints & Connections (Fiberglass) EA 17 15 S 3,256.00 S " .(6512.00) 9 3301 Remove and Replace or Install New Std. Manhole, S to B' Depth, With All Joints & Connections (PraCast Concrete) EA 15 5 $ 4,400.00 S (44.000.00) 10 709, 3301 E.1m Depth forNmv or Replacement Std. Manhole, Over 8 Fat Depth (Pre -Cast Concrete or ass) VF 100 5.5 $" 220.00 " S (20.790.00) 11 2534 Reconnect Service Connection by Excavation Including Clement to Lena, Complete. All Sias. All Depths EA 400 263 S 572.00 S (78,364.00) 12 2553 Obstruction Removal by Excavation, All Sias, All Depths EA 10 11 $ 616.00 S 616.60 13 2558 Clean and Televise Sew=All Si and Depths as Directed by the Owners LF 1,000 70.7 S 3.08 S (902.44) 14 2821 Chain Link and Wooden Fences, and Gates - IF 200 0 S 22.00 S (4,400.00) 15 4020 Pipe Bursting 6" - B° Srncr to 8.625' OD, All Depths LF 12,300 12,175 S 39.60 S" (4,950.00) 16 4020 Pipe. Bursting B° - 10" Server to 10,75" OD, All Depths LF 6,000 3,018 $ 48.40 S (144.328.80) 17 4020 Pipe Bursting IW -12" S.%v to 12,75" OD, All Depths LF 2.000 4,967 $ 57.20 S 169.712.40 18 4020 Pipe Bursting 12" -.15" Sewer to 16.0".OD, All Depths LF 1,000 0 S 88.00 S (88P9.00) 19, 4020 Pipe Bursting IS". 18'Sewer to 20.0".OD, AR Depths LF 1,000 1,476 S 123.20 S 58,643.20 20. 4020 Mobtilimtion for short segment (<HI(Y) EA 3 0 S 440.00 IS (1,320.00) . 21 2534 Fumish and Install End -of -Line Closeout by Enavntion - EA 8 6 S 1,144.00 S (2,288.0b) Ailmvance - Unforseen Work as Directed by the Owners - ALLOW 1 0.38 S 100,000.00 S (62.019.20) " TOTAL AMOUNT DEDUCTED FROMTHE CONTRACT S (335,67794) NO WORKING DAYS HAVE BEEN ADDED TO THE CONTRACT BY THIS CHANGE ORDER ORIGINAL CO,NTRACTAMOUNT: S 1,812,920.00 - -NET FROM PREVIOUS CHANGE ORDERS: . S (616.00) TOTAL AMOUNT OF THIS CHANGE ORDER: S (335,67794) PERCENT OF THIS CHANGE ORDER: -1852 % - TOTAL PERCENT CHANGE ORDERS TO DATE: -1852% NEW CONTRACT AMOUNT: 1476,626.06 - or `1►1 �,{/J �/]/%�5���227. 4/tO %�f� C- ( L 5/a6/a" ACCEPII•D BY "v "�� PREPARED BY: VPl PMCO STRU 770N& .LLC D�BAB('�RS tC�EMRAL - DATE Av - u tvpuu:r. It(uau D ttIX DAZ�Eq (� REVIEWED OY: REVIEWEDBY: AMALiA VII,LAltRFAI., P.E,CITYINOINFtA DATE IIAttTTCO D L70A OFP11BIXWORKS& - DATE - HNOLOGYSFRVICES APMOVEDBY: ATIFSIEDBY: KYLE HAYES. CrTYMANAGER - - DATE TINA BROUSSARD. MY CLERK :DATE CITY OF DEAUMONT DATE: Iuly31,2019 PROJECT: Pipe BunDeeWork Order Contract -Phase it OWNER: CITY OFBEAUMONT CONTRAC`rORi PMCoottruclloo&Rehab, LLCdbaTPRSouth Cenind CHANGE ORDER• 1 THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE. Duo to the nttum onto conditions, cad -of -line cicanoulr cc to be used in pinta orrhdloir fibuelur manholes in.omc loalionc A pq Item Is now required ferthuintWlalion ark rndar line cicanoUU . Addllklcic Connrociton hcmt.ndfar Inaanla the L'aBUKt . ITEMITE NO CODE ODE `DESCR1P770N 8 705 Inttd)Shallow Manbuh%Len thanS Dcplh, With All Joints Conneetioa.(FiborOlm.) 21 2634 Fumlib and buldl Endar LIna Clcanoulbl Ewwwfion - ' UNIT , BIDQUANTI77 ACPUALQUANTITY UNITPRICE CHANGE ORDER AMOUNT FA 2000 17.a0 S-3,U6.11D S .. (9.76800) EA 0.00 1.00 S 1:144.00 S .._ 9,152.00 TOTALAMOUNTDEDUCPEDFROMTHECONTRACf S (616.1q) NO WORIQNG DAYS HAVE BEEN ADDED TO THE CONTRACT BV THIS CHANGE ORDER ORIGINAL CONTRACT AMOUNT: S 1,812, tm NET FROM PREVIOUS CHANGE ORDERS : S .. TOTAL AMOUNT OFTRIS CHANGE ORDER: S (616.00) PERCENT OF THIS CHANGEORDFR: .0,G3% TOTAL PERCENTCIIANCE'OADE TODA7E; 0.03% NEW CONTRACT AMOUNT: /- ✓ J,•' S 1,813AD4.00 ACt'EVR9 lY '•--�Zi��� `� �/ PdfinetWlRY: �r��lJ� tSN I' n ut. M- ,.�ARF.7N�Fj�julJ: wlA n'RMI%mtCF70MAI. .. AVrRu'HAN.WATFRUnLIDESDUlaNLRn1 emtrxum nv: D �/ / ' t 1ICI "� / 1YA.1 7711 iDAf P' II' APNIOVBY ATrESTEDUY KYI.BINVPS, CITY MANAGER 7MA RROD65ARD,CITYr.9. . . r>� to, nl PROJECT: Pipe Bursting Work Order Contract- Phase II . _ AWARDED CONTRACT AMOUNT: $ 1,812,920.00 PERCENT OFTIME USED: 100•� CONTRACTOR: PM Construction & Rehab, LLC dba IPR South Central .. CURRENT CONTRACTAMOUNT: $ 1,812,304110 PERCENT OF WORK COMPLETE: ESTIMATE #: 21 Final CONTRACT DATE (NTP): 1=May-19 PERIOD: May 1, 2019 -April 20, 2020 CONTRACT CALENDAR DAYS: 365 " CHANGE ORDERS-' 1 CALENDAR DAYS USED- ITEM N0. I' DESCCODE CODE ! DESCRIPTION � � EST. QTTY UNIT MEASURE TOTAL PREVIOUS ESTIMATE CURRENT= ESTIMATE" _ TOTAL I ESTIMATE, i � TO DATE I UNIT, �... PRICE TOTAL AMOUNT 1 - . Mobilization -- 1 LS 1. 0 _. .:_,.1. ::$ .. 44,000.00..-$- 44,000.00, 2 361 Full Depth Repair of.Side Walk (5'.') 100 . SY 0 0 0 $ 54.56 5 3 361 Full Depth Repair of Driveway (6") 100 SY 7.77 0 7.77 r $ . - S 533.33 4 351 Flexible Pavement Structure Repair (4") _ .-_ 500 SY 325.7 0 325:7 $ 51.04 $ 16,623.73 i 5 402 Trench Excavation Protection 1,000 LF 417. _ 0. 417 .+ $ 352. $ 1,467.84! .6 502 Barricades, Signs and Traffic Handling 40-- _ _ _ FA- 0 0 0 S• 220.01) $ - 7 708 Remove and Replace or Install New Std. Fiberglass Manhole, 5' to 8' Depth (With"' all Joints and Connections) 30 EA' 11 0 11 $ 3,960.00 $ 43560.001 8 708 Install Shallow Manhole, Less than 5' Depth, With All Joints & Connections (Fiberglass) 17 EA 15 0 Is _ $ 3,256.00 $ 48,840.00 9 3301 Remove and Replace or Install New Std. Manhole, 5' to 8' Depth, With All Joints & Connections (Pre -Cast Concrete) 15 EA 5 0 5 $ 4,400.00 $ 22,000.00, 10 708, 3301 Extra Depth for New or Replacement Std. Manhole, Over 8 Feet Depth (Pre -Cast Concrete or Fiberglass) 100 VF 5S 0. 5.5 $ 220.00 •$ 1;210.00 li 2534 Reconnect Service Connection by Excavation Including Cleanout to Liner, Complete, All Sizes, All Depths 400 EA 263 0 263$ 572.00 $ 150,436.00 12 2553- Obstruction Removal by Excavation, All Sizes, All Depths SO _ EA 11 0, - 12 ', $ 616.00 . S 6,776;00 13 2558_.:. Clean and Televise Sewer All Sizes and Depths as :Directed by the Owners 1,000 LF 707 0 707 $ 3.08 : $ 2,177.561 14' - 2821 Chain Unk and Wooded Fences, and:Gates .200 _LF .__ 0 0.. -0._ -..$ _._ _ _ 22.00 $ - _ __15 -4020.-- Pipe Bursting .6"- 8'=Sewer to 8.625" OD, All Depths 22,300 LF 12175. 0 ' 1217S , '$ 39.60 -$ ..482;130.001 16 4020 Pipe Bursting 8"'-10" Sewer to 10.75" OD, All Depths 6,000 _ LF 3018 0 3018 - . S. 48.40 •-$. 146,07L20 _ 17. + 4020 Pipe Burstin 10" -12" Sewerto 12.75" OD, All Depths -. __ 2,000 LF 4967 0 4967 $ - 57.20' "$' ' 284,112.40- 18. 4020 Pipe Bursting 12" -15" Sewer to 16.0" OD; All Depths 11000 . LF 0 0 0 !$ 88.00 S .19 4020. Pipe Bursting 15" -18" Sewer to 20.0" OD, All Depths- ! _ L000 . - -LF 1476 0 1476 ,S 123.20 $ 181,843.20 20 4020 Mobilization for short segment(<300') -+ 5 EA "0 0 _0 S. 440.00 .$ 21 _ 2534' Furnish and install End -of -Line Cleanout by Excavation _ : _8 _.- , EA _ 6-,... - - A - _ __6 - •$ L144.00 S 6;864.00 _ALLOW. - _ _ Unforseen Work as Directed by the Owners L00 ALLOW -0.379808- 0 1 0.379808 • $ 200,000.00 i $ 37,980.80 PREPARED BY; C V tlA A _ c • '9 ,. V o A k -- Oq/ BQA 0 , 6 ' AV RI CHAN D/E/VQ ULT, WATER UTILITIES DESIGNER III: DATE REVIEWED BY: H PIPPINS t�WATFRU�IIESESIGN MANAGER ,�,+ GATE^. APPROVED BY: AMAUA "MOLLY" VILLARREAL, P.E CITY ENGINEER DATE- -1 certify that all work, including materials, covered by this Invoice have been completed'ordelive in accordonre with,thetbrirroct Documents. ULJ, QJ 1 UV I PM CONSTRUCTIO & REHAB, LLC D13R SOUTH CENTRAL, CONTRACTOR DATE GRAND TOTAL AMOUNT OF WORK DONE: S 1,476,626.06 LESS 5%RETAiNAGE $ _ SUB TOTAL: $ 1,476,626.05 LESS PREVIOUS PAY ESTIMATES: $ 1,402,794.76' AMOUNT DUE THIS PERIOD: Ii�r 73;831;3D FINAL PAYMENT, GENERAL RELEASE, & INDEMNITY AGREEMENT STATE .OF TEXAS § § KNOWN ALL MEN BY THESE PRESENTS; COUNTY OF JEFFERSON § That ,PM Construction & Aehab LLC dba IPR South Central, a limited liability company, with an office at 131 N. Richey Street. Pasridenn. Texas 77506. in consideration of the payment of $73.831.30 representing the final payment under the contract dated Auril 1. 2019 between the undersigned and Cityof Beaumont covering, Pipe Bursting Mork Order Contract —.Phase H. does hereby certify and warrant that it has been fully paid on account of said contract and does further.certify and warrant that it'has fully paid.and satisfied all claims for work, labor,materials, and supplies, equipment and all other items used or furnished by the undersigned, or its, subcontractor(s) or suppliers in the performance of said contract. The undersigned, in consideration of the final payment being made by City of Beaumont pi r _- to such contract, does hereby release and forever discharge PM Construction & Rehab LLC dba MR— South Central from any right of lien it may °have against the real property known as the NO Bursting Work Order Contract— Phase II under said contract and the.undersigned hereby agrees to defend, indemnify, and hold harrrtless ,City of Beaumont from and against all claims, demands and liabilities arising out of labor performed or material and equipment supplied by the undersigned or by its subcontractors or suppliers its connection with the performance of said contract. IN WITNESS WHEREOF. the undersigned has caused this Release and d Indemnity to. be executed by its duly authorized officer this _day of Title ATTEST: ` County, of:. NM4 , Texas Before me, i' Ampa Notary Public in and for said county, personally, appeared K and acknowledged that he/she did sign and execute the above;Relcase and indemnity. •!�jOF tF• i RESOLUTION NO. WHEREAS, on March 5, 2019, the City Council of the City of Beaumont, Texas passed Resolution No. 19-051 awarding a contract in the amount of $1,812,920.00 to PM Construction & Rehab, LLC, d/b/a/ IPR South Central, of Pasadena, Texas, for the Pipe Bursting Work Order Contract -Phase II Project; and, WHEREAS, on August 19, 2019, the City Manager executed Change Order No. 1, in the amount of ($616.00), to adjust the quantity for the use of end -of -line cleanouts in place of shallow fiberglass manholes, thereby decreasing the total contract amount to $1,812,304.00; and, WHEREAS, Change Order No. 2, in the amount of ($335,677.94) 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 $1,476,626.06; and, WHEREAS, the project has been inspected by the Water Utilities 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 ($335,677.94), to address the items described above, thereby decreasing the total contract amount to $1,476,626.06 for the Pipe Bursting Work Order Contract -Phase 11 Project; and, BE IT FURTHER RESOLVED THAT the Pipe Bursting Work Order Contract - Phase II 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 $73,831.30 to PM Construction & Rehab, LLC d/b/a IPR South Central, of Pasadena, 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of June, 2020. - Mayor Becky Ames - T June 23, 2020 Consider a resolution to remove and store the statue located at Wiess Park BEAU-MONT TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: June 23, 2020 ,REQUESTED ACTION: Council consider a resolution to remove and store the statue located at Wiess Park. BACKGROUND This item'was placed on the agenda at the request of Councilmembers Samuel and Feldschau. 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 remove and store the Confederate Era statue located at Wiess Park in the City of Beaumont. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of June, 2020. - Mayor Becky Ames - WORK SESSION * Review and discuss Ordinance 20-020 related to the public health emergency disaster orders for the City of Beaumont June 23, 2020 Consider amending Ordinance 20-020 related to the public health emergency disaster orders for the City of Beaumont, to consider reopening certain previously closed facilities BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: June 23, 2020 REQUESTED ACTION: Council consider amending Ordinance 20-020 related to the public Health emergency disaster orders for the City of Beaumont, to consider reopening certain previously closed facilities. BACKGROUND The City Council approved Ordinance No. 20-020 on May 26, 2020. Exhibit A, attached to the Ordinance, listed City facilities that'would be closed to the public. This item was placed on the agenda at the request of Councilmembers Getz and Neild. ORDINANCE NO.20-020 ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING ORDINANCE 20-018 TO AMEND THE PUBLIC. HEALTH EMERGENCY DISASTER ORDERS FOR THE CITY OF BEAUMONT; OPENING CERTAIN CITY FACILITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTYAND 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 imminentthreat 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 the expanded reopening of services as part of a safe, strategic plan to Open Texas in responseto the COVID-19 pandemic; and, WHEREAS, the Executive Orders suspend the applicable provisions of the Texas Government Code Chapter418 and any other relevant statutes to the extent that local officials do notimpose restrictions inconsistentwith the Govemor's Orders, provided that local officials may enforce the Executive Orders as well as local restrictions that are consistentwith the Executive Orders; and, WHEREAS, the City Council, on May 5, 2020, passed Ordinance No. 20-018 amending Ordinance,No. 20-010 to amend the PublicHealth Emergency DisasterOrders forthe City of Beaumont deferring to the Executive Orders of the Governor and opening certain City facilities; and, WHEREAS, it is in the best interest of the citizens of Beaumont to further amend the City of Beaumont Declaration of Local Disaster Orders to address the opening of additional facilities in the City of Beaumontwhile minimizing the spread of COVID-19; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. THAT Ordinance No. 20-018 amending Ordinance No. 20-010 extending the declared State of Local Disaster be amended to furtheramend the adopted Declaration Orders as follows: That the March 23, 2020 amendmentto the Declaration, attached hereto as Exhibit "A," as amended, is hereby further amended to allow for the opening of City Hall, the Tyrrell Historical Library and the Athletic Complex. 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. Temporary Outdoor RestaurantOperations Permit: The City of Beau montwill allow the use of outdoor seating in parking lot areas of restaurants using tents, umbrellas or othercovering upon application and the issuance of permit. Section 4. That the proclaimed State of Public Health Disasterforthe City of Beaumontshall continue in effect until terminated by the City Council. 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 invalidityshall notaffectthe remaining portions ofthis ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 6. Anyperson who shall violate any provision ofthis ordinance shall bedeemed 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 7. 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 Govern ment Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of May, 2020. v o� U rP [L��' �W .� O'Flor 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 remaln 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. signingSection 3. This amendment and supplement shall take effect immediately upon EXHIBIT "A" d 0 ORDERED thisC20f-4ay of March, 2020. AT EST: City Clerk WORK SESSION Review and discuss the City's finances and the FY 2021 Budget