HomeMy WebLinkAbout07/21/2020 PACKETBEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS CITY HALL 801 MAIN STREET
TUESDAY, DULY 21, 2020 1:30 PM
CONSENT AGENDA
Approval of minutes — July 14, 2020
Confirmation of board and commission member appointments
A) Approve a resolution accepting improvements on the previously annexed 0.398 acres of
land located approximately 3,380 feet south of Dishman Road
B) Authorize the City Manager to apply for and receive funding through the Edward Byrne
Memorial Justice Assistance Grant program and to execute all documents necessary,
including an inter -local agreement with the City of Port Arthur and Jefferson County in
order to request the funds
C) Approve a contract with Linebarger, Grogan, Blair and Samson in accordance with Texas
House Bill 2826
D) Authorize the acceptance of a ten foot wide Exclusive Water Line Easement for the
construction of new apartments located at 6030 North Major Drive
A-
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services
MEETING DATE: July 21, 2020
REQUESTED ACTION: Council consider a resolution accepting improvements on the
previously annexed 0.398 acres of land located approximately
3,380 feet south- of Dishman Road.
BACKGROUND
On March 17, 2020, by Ordinance No. 20-009, City Council approved the annexation of
approximately 0.398 acres of land, which includes the bridge at Keith Road, located
approximately 3,380 feet south of Dishman Road.
On April 22, 2020, Schaumburg & Polk, Inc., completed an inspection of the bridge at Keith
Road at the request of the City. The improvements were found to meet City Standards and
qualify for acceptance for permanent maintenance.
Recommended for approval are the bridge improvements for the previously annexed 0.398 acres
of land.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
iummuiiimuiiuu � 20
BEAUMONT
THE STATE OF TEXAS §
4 §
COUNTY OF JEFFERSON §
CERTIFICATE TO COPY OF PUBLIC RECORD'
I hereby certify, in the performance of the functions of the City Clerk's. office, that the
attached instrument is a full, true, and correct copy of Ordinance 20409. This Ordinance was
passed by Council on the 17t''day of March, 2020, appears of record in my office and that said
document is an official record from the .public office of the City Clerk of the City of Beaumont,
Jefferson County, State of Texas, and is kept in said office.
I further certify that I, Tina Broussard, am ;the City Clerk, of the City of Beaumont, that I
have legal custody of said record, and that I am a* lawful possessor and keeper and have legal.
custody of the records in said office.
In witness whereof, I have hereunto set my hand and'affixed the official seal of said office
this 19th day of March, 2020.
City Clerk
City of Beaumont,
Jefferson County, Texas.
Tina Broussard, TRMC
MY Clerk - (409) 880-3745 - Fax (4o9) 880-3740
P.O. Box 3827 - Beaumont, Texas 77704-3827
ORDINANCE NO. 20-009
ENTITLED AN -ORDINANCE ANNEXING APPROXIMATELY .0398.
ACRES OF LAND LOCATED AT KEITH ROAD, APPROXIMATELY 3,380
FEET SOUTH OF DISHMAN ROAD AND 3,450 FEET NORTH OF
PHELAN BOULEVARD INTO THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID
CITY SO AS TO INCLUDE THE SAID PROPERTY WITHIN THE CITY
LIMITS, AND GRANTING THE SAID TERRITORY AND TO ALL
INHABITANTS THEREOF ALL OF THE RIGHTS AND PRIVILEGES OF
OTHER CITIZENS; BINDING SAID INHABITANTS BY ALL OF THE.
ACTS AND ORDINANCES OF SAID CITY; AND, ADOPTING A SERVICE
PLAN.
WHEREAS, Article 1, Section 4. of the Charter of the City of Beaumont, Texas,
an. incorporated city, authorizes the annexation of additional territory, subject to the laws
of this state; and,
WHEREAS, the procedures prescribed by the Texas Local Government Code
and Charter of the City of Beaumont, Texas have been duly followed with' respect to the
annexation of the territory as described in and shown on Exhibit "A," attached hereto;
and,
WHEREAS, the territory lies adjacent to and adjoins the present boundaries of
the City of Beaumont, Texas;
J
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.
The land and territory lying adjacent to and adjoining the present boundaries of
the City of Beaumont; Texas as described in and shown on Exhibit "A," attached hereto,
is hereby, added and annexed into the City of Beaumont, Texas; said territory shall
hereinafter be included within the boundary limits of the City of Beaumont, Texas; the
present boundary limits of such City at the various points contiguous to the area as
described in and shown on Exhibit "A," attached hereto, are altered, amended and
extended so as to include said area within the corporate limns of the City of Beaumont,
Texas, such:property shall be within Ward'2 for purposes of municipal elections.
Section 2.
The described territory in the area so annexed shall be a part of the City of
Beaumont, Texas, and the inhabitants thereof, if any, shall be entitled to all the rights
and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions
and regulations of the City of Beaumont, Texas.
Section 3.
A service -plan for the area is hereby adopted and attached as exhibit "B:"
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.
The City Clerk is hereby directed to file with the County Clerk of Jefferson
County, Texas, a certified copy of this ordinance.
PASSED BY THE CITY COUNCIL of the ,City of Beaumont on this the 17th day
of March, 2020.
Wyorl3ecky Ames -
City Clerk
�-FMONT
P O BOX 3827..
CITY CLERK TII* BROUSSARD
BEAUMONT, TX 77704
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Carolyn L_ Guidry, County Clerk
Jefferson County, Texas
March 30, 2020 10:24:24 AM
FEE: $38.00 2020010360
RESOLUTION NO.
WHEREAS, on March 17, 2020, City Council of the City of Beaumont, Texas,
adopted Ordinance No. 20-009 approving the annexation of approximately 0.398 acres
of land, which includes the bridge at Keith Road, located approximately 3,380 feet south
of Dishman Road; and,
WHEREAS, on April 22, 2020, Schaumburg & Polk, Inc., completed an inspection
of the bridge at Keith Road at the request of the City; and,
WHEREAS, the improvements were found to meet City Standards and qualify for
acceptance for permanent maintenance; and,
WHEREAS, recommended for approval are the bridge improvements for the
previously annexed 0.398 acres of land;
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 Keith Road bridge improvements on previously annexed approximately
0.398 acres of land, located approximately 3,380 feet south of Dishman Road, as
described and shown on Exhibit "A" attached hereto, be and it is hereby accepted.
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 21st day of
July, 2020.
- Mayor Becky Ames -
City of Beaumont
0.398 Acre Annexation Area
In The
A. Huston Survey, Abstract No. 33
Beaumont, Jefferson County, Texas
All that certain tract of land lying and being situated in Jefferson County, part of the A.Huston
League, Abstract No. 33 and being a part of that certain 100 foot wide right of way, conveyed to the
Lower Neches Valley Authority and described as "Strip No. 2" in that certain document filed in
Volume 948, Page 160 of the Deed Records of Jefferson County, Texas and including a 150 foot long
strip of that Easterly portion of the Keith Road right of way located between the East edge of the
existing pavement of Keith Road and the East right of way line of Keith Road.
COMMENCING at a point at the intersection of the South line of Dishman Road and the East line
of Keith Road, a 60 foot wide right of way, and being the West line of said Lower Neches Valley
Authority right of way,
THENCE North 87° 08' 41" East along and with the South line of said Dishman Road for a
distance of 100.00 feet to a 3/0 inch iron rod found in the East line of said Lower Neches Valley
Authority right of way and being the West line of that certain called 200 acre tract as described in
that certain instrument recorded in County Clerks File No. 98-9829841 of the Official Public Records
of Jefferson County, Texas and being the current West boundary line of the City limits of Beaumont,
Texas;
THENCE South 02*43' 05" East along and with the East line of said Lower Neches Valley
Authority tract and the West line of said 200 acre tract for a distance of 3311.48 feet to the POINT
OF BEGINNING of the herein described tract;
THENCE South 02' 43' 05" East continuing with the East line of said Lower Neches Valley
Authority tract and West line of said 200 acre tract, at 113.68 feet past a 31e inch rod found for the
southwest corner of said 200 acre tract and being the northwest corner of that certain 209.07 acre
tract conveyed to Jefferson County Drainage Distract No.6 as recording in County Clerks File No.
103-06-2396 of the Real Property Records of Jefferson County, Texas and continuing for a total
distance of 150.00 feet to the southeast corner of the herein described tract;
THENCE South 87` 16' 55" West, at 100 feet pass the East right of way of Keith Road and
continue for a total distance of 115.61 feet to the southwest corner of the herein described tract at
the east edge of the existing pavement of Keith Road;
THENCE North 02°43' 05" West with the east edge of pavement of Keith Road for a distance of
150.00 feet to the northwest corner of the herein described tract;
-THENCE North 87' 16' 55" East for a distance of 115.61 feet back to the POINT OF BEGINNING
and continuing 0.398 acres of land, more or less.
EXHIBIT "A"
-T
DISHMAN ROAD
DISHMAN ROAD
FND 3/4• IRON ROD
NW COR. BROUSSARD
200 AC TRACT
N 87 08' 41" E 100.00' EX. CITY LIMITS
60, LNVA
.O.W. 100' R.O.W.
STRIP Na. 2
REMNANT OF
VOL. 948 PG. 180 "pROUSSARD TRACT"
D.R. of J.C., T. w "200.00 ACRES"
CCF No. 98-9829841
w O.P.R. of J.C., T.
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200 AC TRACT G [
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J CITY of BEAUMONT
ANNEXATION
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BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: July 21, 2020
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
apply for and receive funding through the Edward Byrne Memorial
Justice Assistance Grant program and to execute all documents
necessary, including an inter -local agreement with the City of Port
Arthur and Jefferson County in order to request the funds.
BACKGROUND
The City of Beaumont has been awarded funding through the Edward Byrne Memorial Justice
Assistance Grant program for the past fourteen years. The funding has been used to upgrade
technology through the purchase of computer hardware and software, purchase additional officer
equipment and to fund several community policing programs. Due to Jefferson County being
designated a disparate jurisdiction by the Department of Justice, an inter -local agreement must be
filed with the joint application, and the agencies must agree to funding allocations prior to
application for funding.
Total allocation for 2020 is $109,872 of which, $68,410 will be allocated to Beaumont, $24,981
to Port Arthur and $16,481 to Jefferson County. Funds awarded to Beaumont will be used for
equipment purchases and/or Technology Enhancement.
FUNDING SOURCE
No matching funds are required.
RECOMMENDATION
Approval of resolution.
Resolution No.
The State of Texas )(
County of Jefferson )(
City of Beaumont, Texas )(
City of Port Arthur, Texas )(
GMS Application Number 2020-H7603-TX-DJ
Know All by These Present
Inter -Local Agreement
Between the County of Jefferson, Texas; City of Beaumont, Texas; and City of Port Arthur, Texas
2020 Edward Byrne Justice Assistance Grant (JAG) Program Award
This Agreement is made and entered into this day of 2020, by and
between The County of Jefferson, Texas acting by and through Its governing body, the
Commissioners Court; the City of Beaumont, Texas acting by and through its governing body,
the City Council; and the City of Port Arthur, Texas acting by and through its governing body, the
City Council, witnesseth:
WHEREAS, each governing body, in performing governmental functions or in paying for the performance of
governmental functions hereunder, shall make that performance or those payments from current revenues
legally available to that party: and
WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all
parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the
performing party for the services or functions under this agreement: and
WHEREAS, the total funding allocation Is $109,872; and the City of Beaumont, Texas, and the City of Port
Arthur, Texas, agree to provide Jefferson County, Texas $16,481 from the JAG award and the City of
Beaumont, Texas, and the City of Port Arthur, Texas agree to allocate the remaining funds as follows:
$68.410 to the City of Beaumont, Texas, and $24,981 to the City of Port Arthur, Texas.
WHEREAS, Jefferson County, Texas, the City of Beaumont, Texas, and the City of Port Arthur, Texas,
believe it to be in their best interests to reallocate the JAG funds.
NOW THEREFORE, Jefferson County, Texas, the City of Beaumont, Texas, and the City of Port
Arthur, Texas agree as follows:
Section 1.
The City of Beaumont, Texas and the City of Port Arthur, Texas agree to provide Jefferson County, Texas
$16,481 from the JAG award; and the City of Beaumont, Texas and the City of Port Arthur, Texas agree to
allocate the remaining funds as follows:
$68,410 to the City of Beaumont, Texas; and $24,981 to the City of Port Arthur, Texas.
Section 2.
Jefferson County, Texas agrees to use the funding for equipment purchases and/or Technology
Enhancement until 2023.
The City of Beaumont, Texas agrees to use the funding for equipment purchases and/or Technology
Enhancement until 2023.
The City of Port Arthur, Texas agrees to use the funding for equipment purchases and/or Technology
Enhancement until 2023.
GMS Application Number 2020-H7603-TX-DJ
Section 3.
Each party to this agreement will be responsible for its own actions in providing services under this
Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by
the other party.
Section 4.
The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.
Section 5.
By entering into this Agreement, the parties do not intend to create any obligations express or implied other
than those set out herein; further, this Agreement shall not create any rights in any party not a signatory
hereto.
Section 6.
The City of Beaumont agrees to act as the fiscal agent in applying for, dispersing, monitoring, and reporting
for this JAG funding.
City of Beaumont, Texas
CITY MANAGER
City of Port Arthur, Texas
CITY MANAGER
Jefferson County, Texas
COUNTYJUDGE
*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of
its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of
this document was conducted solely from the legal perspective of our client. Our approval of this document
was offered solely for the benefit of our client. Other parties should not rely on this approval and should
seek review and approval by their own respective attorney(s).
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 apply for and receive funding
for the City of Beaumont in the amount of $109,872.00 from the Edward Byrne Memorial
Justice Assistance Grant Program for law enforcement equipment and programs; and,
BE IT FURTHER RESOLVED that the City Manager be and he is hereby
authorized to execute an Interlocal Agreement to reallocate funds in the amounts of
$24,981.00 to the City of Port Arthur and $16,481.00 to Jefferson County.
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 21st day of
July, 2020.
- Mayor Becky Ames -
C
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Fi ilancial Officer
MEETING DATE: July 21, 2020
REQUESTED ACTION: Council consider a resoluti on approving a contract with Linebarger,
Grogan, Blair and Samson in accordance with HB 2826.
BACKGROUND
On May 26, 2020, Council approved Resolution 20-108 :ind awarded a contract to Linebarger.
However, the 86ffi Legislative session saw the passage o1' HB 2826, which requires the Attorney
General (AG) review and approval of contingent fee leg�i I services contracts. Upon approval of
the type of contract by City Council, staff must submit thc contract along with a questionnaire to
the AG. Any reviews, findings and approval by the go, coring body must be completed prior to
submission to the AG for review. If no response is recei ved from the AG in 90 days, the contract
is deemed approved. However the bill specifically excludes contracts for collection of delinquent
court fines and fees, ad valorem taxes and bond counsel i ii connection with issuance of debt; it
does not impact this contract. HB 2826 also requires a separate public notice with specific
languagerelating to a contingent fee contract that appears on the agenda for approval. That notice
was properly posted for this meeting.
Although contracts for the collection of delinquent court fines are excluded from the AG review
and approval of the contract, HB 2826 requires City Cotiiicil find that the contract for delinquent
court fines: (1) is necessary for the efficient collections o I' delinquent Municipal Court fines, fees
and costs; (2) the City does not possess the necessary sta 11, computer software/programming or
experience to internally conduct these collection services and acquiring these will result in
substantial expense to the City; and (3) and hourly fee for delinquent collection work would likely
exceed the amounts of delinquent fines and fees due. Using a contingent fee arrangement allows
the collection costs to be assessed against the debtor and not the City or its taxpayers.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, the City of Beaumont desires to engage a law firm to perform legal
services for the collection of unpaid fines, fees, court costs, forfeited bonds, and restitution
ordered paid by the Municipal Court; and,
WHEREAS, the City of Beaumont finds that:
(1) There is a substantial need for the legal services to be provided for the
collection of unpaid fines, fees, court costs, forfeited bonds, and restitution;
(2) These legal services cannot be adequately performed by the attorneys and
supporting personnel of the City of Beaumont at a reasonable cost;
(3) These legal services cannot reasonably be obtained from attorneys in
private practice under a contract providing only for the payment of hourly fees, without
regard to the outcome of the matter, because of the nature of the collection authorized
by TX Code of Criminal Procedure Art. 103.0031 and because the City of Beaumont
does not have the funds to pay the estimated amounts required under a contract only
for the payment of hourly fees
; and,
WHEREAS, after having sought legal services on the basis of demonstrated
competence and qualifications at a fair and reasonable price the City of Beaumont has
identified the law firm of Lineberger, Goggan, Blair & Sampson, LLP to provide the
necessary services; and,
WHEREAS, Linebarger, Goggan, Blair & Sampson, LLP has provided these
specialized legal services to the City of Beaumont in the past and;
WHEREAS, it is in the best interest of the City of Beaumont to enter into a
Contingency Fee Contract with the law firm of Linebarger, Goggan, Blair & Sampson, LLP
to perform the legal services required to comply with the terms of this 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 Council of the City of Beaumont hereby approves the selection of
the law firm of Linebarger, Goggan, Blair & Sampson, LLP on a contingency fee basis for
the collection of unpaid fines, fees, court costs, forfeited bonds, and restitution ordered
paid by the Municipal Court; and,
BE IT FURTHER RESOLVED THAT the City Manager, or his designee, be and
they are hereby authorized to execute a one (1) year contract, with an option to renew
upon mutual consent for two (2) additional one (1) year periods, for collection services of
delinquent Municipal Court fines and fees. The Contract is substantially in the form
attached hereto as Exhibit "A" and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of
July, 2020.
- Mayor Becky Ames -
CITY OF BEAUMONT
CONTRACT FOR COLLECTION AGENCY SERVICES
I. Findings pursuant to Texas Government Code § 2254.1036.
A. This Contract is necessary for the efficient collection of delinquent Municipal Court fines, fees, and
costs.
B. The City currently does not possess the necessary staff, computer software/programming, or
experience to internally conduct these collection services and acquiring these will result in substantial
expense to the City.
C. An hourly fee for delinquent collection work would likely exceed the amounts of delinquent fines and
fees due. Using a contingent fee arrangement allows the collection costs to be assessed against the
debtor and not the City or its taxpayers.
II. General Information and Terms.
Contractor's Name and Address:
Linebarger Goggan Blair & Sampson, LLP
4828 Loop Central Drive, Suite 600
Houston, TX 77081
Description of Services:
Collection Agency Services for Municipal Court
Municipal Court Fines and Fees; Page 25 of RFP No. PF1020-03
Maximum Contract Amount:
A collection fee in the amount of 30% on fines, court costs, and fees
that are more than 60 days past due and referred to the Contractor for
collection, in accordance with Article 103.0031 of the Texas Code of
Criminal Procedures, as amended. The collection fee does not apply to
a debt incurred on an unadjudicated offense that was committed before
June 18, 2003.
Effective Date:
On the latest of the dates signed by both parties.
Termination Date:
Twelve months from the Effective Date.
Renewal: The initial tern of the contract is for one (1) year with the option to
renew for two (2) additional one (1) year terms.
Contract Parts: This Contract consists of the following parts:
I. Findings Pursuant to Government Code sec. 2254.1036
II. General Information and Terms
III. Standard Contractual Provisions
IV. Signatures
III. Standard Contractual Provisions.
A. Contractor's Services. The Contractor will provide to the City the services described in this Contract
under the terms and conditions of this Contract.
EXHIBIT "A"
B. Billing and Payment. The Contractor will bill the City for the services provided at intervals of at least
30 days, except for the final billing. The City will pay the Contractor for the services provided for in
this Contract with current revenues available to the City, but all of the City's payments to the
Contractor, including the time of payment and the payment of interest on overdue amounts, are subject
to the provisions of Chapter 2251 of the Government Code. The City is not liable to the Contractor for
any taxes which the City is not liable by law, including state and local sales and use taxes (Section
151.309 and Title 3, Texas Tax Code) and federal excise tax (Subtitle D of the Internal Revenue Code).
Accordingly, those taxes may not be added to any bill.
C. Termination Provisions.
(1) Unless terminated earlier as allowed by this Contract, this Contract terminates:
(a) On the termination date, if any, specified in the General Information in Part II, but the
obligation of a party to complete a contract requirement pending on the date of termination
survives termination; or
(b) If there is no termination date specified in the General Information in Part II, the contract
terminates when both parties have completed all their respective obligations under the
contract.
(2) The City Manager may terminate this Contract during its term at any time for any reason by
giving written notice to the Contractor not less than thirty (30) days prior to the termination date,
but the City will pay the Contractor for all services rendered in compliance with this Contract to
the date of termination.
(3) If the City Council does not appropriate funds to make any payment for a fiscal year after
the City's fiscal year in which the Contract becomes effective and there are no proceeds available
for payment from the sale of bonds or other debt instruments, then the Contract automatically
terminates at the beginning of the first day of the successive fiscal year. (Section 5, Article XI,
Texas Constitution)
D. INDEMNITY. Contractor shall indemnity or hold harmless the City of Beaumont from claims
and liabilities resulting from negligent acts and omissions of the contractor or the attorneys or
other persons employed by the contractor.
E. Assignment. The Contractor may not assign this Contract without the City's prior written consent.
F. Law Governing and Venue. This Contract is governed by the law of the State of Texas and a lawsuit
may only be prosecuted on this Contract in a court of competent jurisdiction located in or having
jurisdiction in Jefferson County, Texas.
G. Entire Contract. This Contract represents the entire Contract between the City and the Contractor and
supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract
may be amended only by written instrument signed by both parties.
H. Independent Contractor. The Contractor will perform the work under this Contract as an independent
contractor and not as an employee of the City. The City has no right to supervise, direct, or control the
Contractor or Contractor's officers or employees in the means, methods, or details of the work to be
performed by Contractor.
Severability. If a court finds or rules that any part of this contract is invalid or unlawful, the remainder
of the Contract continues to be binding on the parties.
Conflicting Provisions. If there is a conflict between a provision in the Contractor's Additional Contract
Documents, if any, and a provision in the remainder of this Contract, the latter controls.
IV. Signatures. By signing below, the parties agree the terms of this Contract:
CITY OF BEAUMONT CONTRACTOR:
By:
By:
Date: Date:
Title: Title:
Company:
APPROVED AS TO FORM:
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services
MEETING DATE: July 21, 2020
REQUESTED ACTION: Council consider_a resolution authorizing the acceptance of a ten
foot (10') wide Exclusive Water Line Easement.
BACKGROUND
The Woodlands at Beaumont, LLC has agreed to convey a 24,208 square foot ten foot (10') wide
exclusive Water Line Easement to the City of Beaumont. The easement is described as being a
0.5557 acre tract of land situated in the Wesley Dykes Survey, Abstract No. 17, City of Beaumont,
Jefferson County, Texas. The easement is for the construction of new apartments located at 6030
North Major Drive.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, The Woodlands at Beaumont, LLC has agreed to convey one (1)
twenty-four thousand, two hundred eight (24,208) square foot ten foot (10') wide exclusive
water line easement, said easement being a 0.5557 acre. tract of land situated in the
Wesley Dykes Survey, Abstract No. 17, 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 apartment complex located at 6030 North Major 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) twenty-four thousand, two hundred eight (24,208) square foot ten
foot (10') wide exclusive water line easement, said easement being a 0.5557 acre tract
of land situated in the Wesley Dykes Survey, Abstract No. 17, 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 21st day of
July, 2020.
- Mayor Becky Ames -
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
WATER LINE EASEMENT
THAT, THE WOODLANDS AT BEAUMONT, LLC, a Texas limited liability
company, hereinafter called "GRANTOR", whether one or more, for and in consideration of the
sum of ONE AND NO/100 DOLLAR (S1.00), and other good and valuable consideration to us
in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson
County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which
consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these
presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827,
Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line
Easement and the exclusive right to construct, alter, and maintain said waterlines and
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 Exhibits "A & B", attached
and made a part hereof for all purposes.
The easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and
appurtenances, and the following rights are also hereby conveyed collectively, the ".Easement
Rights".
It is expressly understood and agreed that the City of Beaumont shall have the right of
ingress to and egress from the tracts of land hereinbefore described and use of the same for the
purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate
EXHIBIT "1"
the same as permitted by law; provided, however that Grantee use of the Easement and the
rights appurtenant thereto shall in no event unreasonably interfere with or hinder the 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,
walkways or sidewalks; provided, however, no permanent buildings may 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,
GRANTOR agrees not to place any structures or appurtenances within the Easement
Property that will interfere with Grantee's ability to exercise the Easement Rights.
GRANTEE shall not be responsible for the repair and replacement of any paving or other
structures within the Easement Property.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONC, its successors and assigns forever.
EXECUTED this r day. of �� �� , 2020.
GRANTOR:
THE WOODLANDS AT BEA ON , LLC
a Texas limited liability com ny
By:
JeEffev L. Ki
ACKNOWLEDGMENTS
4Ni011WA
STATE OF DES §
V61AIL-sod §
COUNTY OF+bkR -RtS §
BEFORE ME, the undersigned authority, on this day personally appeared Jeffrey L.
Kittle, Manager of The Woodlands at Beaumont, LLC, a Texas limited liability company, known
to me to be the person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same as the act of such corporation for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of J V L ,
2020.
Notary Public, State of+eaas .100lft&+IA
('iRy PL�<
SEAL
NICHOLE R. PERRY Notary Public
Hamilton County, State of Indiana
%yUIA„P
My Commission Expires March 24, 2026
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
EXHIBIT "A"
WOODLANDS AT BEAUMONT APRIL 27, 2020
0.5557 OF ONE ACRE JOB NO.6648-00
PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT
DESCRIPTION OF A 0.5557 ACRE TRACT OF LAND SITUATED
IN THE WESLEY DYKES SURVEY, ABSTRACT NO. 17
CITY OF BEAUMONT
JEFFERSON COUNTY, TEXAS
BEING a 0.5557 acre (24,208 square foot) tract of land situated in the Wesley Dykes Survey, Abstract
No. 17 of the City of Beaumont, Jefferson County, Texas and being a portion of Tract 2-A of TRACTS 2-
A AND 2-B 10.035 ACRES OF LAND REPLAT OF LOT 2 RAND ADDITION, a subdivision per plat
recorded under Volume 17, Page 249 of the Map Records of Jefferson County (M.R.J.C.), and being a
portion of that certain tract of land described in an instrument to The Woodlands at Beaumont, L' LC
recorded under File Number 2020012172 of the Official Public -Records of Jefferson County, said 0.5557
acre tract of land described by metes and bounds as follows, with all bearings based on the Texas
Coordinate System of 1983 (NAD83), South Central Zone 4204 and referenced to monuments found
along the North line of said Tract 2-A as cited herein;
EXTERIOR LINE OF PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT
COMMENCING at a 5/8-inch iron rod found lying on the East right-of-way line of Major Drive
(width varies), being the Southwest corner of GRIFFING VILLA UNIT 1, a subdivision per plat recorded
under Volume 14, Page 51 of the M.R.J.C., same being the Northwest corner of said Tract 2-A, from
which a 1/2-inch iron rod found for the Northeast corner of said Tract 2-A bears N 86°56'53" E, 660.42
feet;
THENCE, S 55°43' 19" E, over and across said Tract 2-A, a distance of 120.66 feet to the POINT OF
BEGINNING and the Northernmost Northwest corner of the herein described exterior line;
THENCE, continuing over and across said Tract 2-A, the following courses and distances:
S 47"57'52" E, a distance of 30.03 feet to a point for corner of the herein described exterior line;
N 41°56'53" E, a distance of 21.71 feet to a point for corner of the herein described exterior line;
N 86°56'53" E, a distance of 438.12 feet to a point for corner of the herein described exterior line;
S 48°03'07" E, a distance of 3.99 feet to a point for corner of the herein described exterior line;
N 41 °56'53" E, a distance of 9.03 feet to a point for the Northernmost Northeast corner of the
herein described exterior line;
S 48°03'07" E, a distance of 10.00 feet to a point for corner of the herein described exterior line;
S 41°56'53" W, a distance of 9.03 feet to a point for corner of the herein described exterior line;
S 48°03'07" E, a distance of 15.19 feet to a point for the Easternmost Northeast corner of the
herein described exterior line;
S 03°03'07" E, a distance of 173.04 feet to a point for corner of the herein described exterior line;
Page 1 of 5
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00_MALLARD ON_MAJOR\06 SURVEY\04 FINALS\MB\0_5557MB1,DOCX
EXHIBIT "A"
WOODLANDS AT BEAUMONT APRIL 27, 2020
0.5557'OF ONE ACRE JOB NO.6648-00
PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT
N 86°56'53" E, a distance of 68.84 feet to a point for corner of the herein described exterior line,
lying on the East line of said Tract 2-A, same being a West line of Lot 4 of CLAYBURN PARK,
a subdivision per plat, recorded under File Number 2015032401 of the Official Public Records of
Jefferson County;
THENCE, S 02°59'03" E, along and with the West line of said Lot 4, a distance of 10.00 feet to a point
for corner of the herein described exterior line;
THENCE, over and across said Tract 2-A, the following courses and distances:
S 86°56'53" W, a distance of 68.83 feet to a point for corner of the herein described exterior line;
S 03°03'07" E, a distance of 160.07 feet to a point for corner of the herein described exterior line;
N 86°52'54" E, a distance of 35.90 feet to a point for corner of the herein described exterior line;
S 03°07'06" E, a distance of 10.00 feet to a point for corner of the herein described exterior line;
S 86°52'54" W, a distance of 35.91 feet to a point for corner of the herein described exterior line;
S 03°03'07" E, a distance of 150.49 feet to a point for corner of the herein described exterior line;
S 41°56'53" W, a distance of 28.75 feet to a point for corner of the herein described exterior line;
S 86°56'53" W, a distance of 50.64 feet to a point for corner of the herein described exterior line;
S 03°07'47" E, a distance of 104.76 feet to a point for the Southeast corner of the herein described
exterior line, lying on a South line of said Tract 2-A, same being the North right-of-way line of
State Highway 105 (width varies);
THENCE, S 86014'40" W, along and with a South line of said Tract 2-A and said North right-of-way line,
a distance of 19.98 feet to a point for the Southwest corner of the herein described exterior line;
THENCE, over and across said Tract 2-A the following courses and distances:
N 03°24'56" W, a distance of 20.28 feet to a point for corner of the herein described exterior line;
N 86"52'13" E, a distance of 10.08 feet to a point for corner of the herein described exterior line;
N 03°07'47" W, a distance of 84.70 feet to a point for corner of the herein described exterior line;
S 86°56'53" W, a distance of 26.61 feet to a point for corner of the herein described exterior line;
N 47°36'04" W, a distance of 18.40 feet to a point for corner of the herein described exterior line;
Page 2 of 5
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00_MALLARD ON MAJOR\06 SURVEY\04 FINALS\MB\0 5557MBI.DOCX
EXHIBIT "A"
WOODLANDS AT BEAUMONT APRIL 27, 2020
0.5557 OF ONE ACRE JOB NO.6648-00
PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT
N 03°03'07" W, a distance of 115.78 feet to a point for corner of the herein described exterior
line;
N 47°36'04" W, a distance of 5.10 feet to a point for corner of the herein described exterior line;
S 42°23'56" W, a distance of 7.05 feet to a point for corner of the herein described exterior line;
N 47°36'04" W, a distance of 10.00 feet to a point for corner of the herein described exterior line;
N 42°23'56" E, a distance of 2.12 feet to a point for corner of the herein described exterior line;
S 86°56'53" W, a distance of 333.79 feet to a point for corner of the herein described exterior
line;
N 48°03'07" W, a distance of 10.17 feet to a point for corner of the herein described exterior line;
S 42°21'22" W, a distance of 20.90 feet to a point for corner of the herein described exterior line;
N 47°38'38" W, a distance of 10.00 feet to a point for corner of the herein described exterior line;
N 42°2122" E, a distance of 20.83 feet to a point for corner of the herein described exterior line;
N 48°03'07" W, a distance of 34.98 feet to a point for corner of the herein described exterior line;
N 03103'07" W, a distance of 177.08 feet to a point for corner of the herein described exterior
line;
S 86'55' 19" W,.a distance of 83.74 feet to a point for corner of the herein described exterior line,
lying on the West line of said Tract 2-A, same being the East right-of-way of said Major Drive;
THENCE, N 03°04'41" W, along and with the West line of said Tract 2-A and East right-of-way of said
Major drive, a distance of 10.00 feet to a point for corner of the herein described exterior line;
THENCE, over and across said Tract 2-A the following courses and distances:
N 86°55'19" E, a distance of 83.75 feet to a point for corner of the herein described exterior line;
N 03003107" W, a distance of 133.66 feet to a point for corner of the herein described exterior
line;
N 41 °56'53" E, a distance of 37.06 feet to a point for corner of the herein described exterior line;
N 47°57'52" W, a distance of 30.05 feet to a point for corner of the herein described exterior line;
Page 3 of 5
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00_MALLARD_ON_MAIOR\06 SURVEY\04 FINALS\MB\0_5557MBI.DOCX
EXHIBIT "A"
WOODLANDS AT BEAUMONT APRIL 27, 2020
0.5557 OF ONE ACRE JOB NO.6648-00
PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT
N 42°02'08" E, a distance of 10.00 feet to the POINT OF BEGINNING of the herein described
exterior line.
INTERIOR LINE OF PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT
COMMENCING at a 5/8-inch iron rod found lying on the East right-of-way line of said Major Drive,
being the Southwest -comer of said GRIFFING VILLA UNIT 1, same being the Northwest corner of said
Tract 2-A, from which a 1/2-inch iron rod found for the Northeast corner of said Tract 2-A bears
N 86°56'53" E, 660.42 feet;
THENCE, S 38029'55" E, over and across said Tract 2-A, a distance of 161.86 feet to the POINT OF
BEGINNING Westernmost Northwest corner of the herein described interior line;
THENCE, continuing over and across said Tract 2-A the following courses and distances:
N 41 °56'53" E, a distance of 60.49 feet to a point for the Northernmost Northwest corner of the
herein described interior line;
N 86°56'53" E, a distance of 429.84 feet to a point for the Northernmost Northeast corner of the
herein described interior line;
S 48°03'07" E, a distance of 15.74 feet to a point for corner of the herein described interior line;
S 86°56'53" W, a distance of 15.95 feet to a point for comer of the herein described interior line;
S 03°03'07" E, a distance of 10.00 feet to a point for corner of the herein described interior line;
N 86°56'53" E, a distance of 19.59 feet to a point for corner of the herein described interior line;
S 03°03'07" E, a distance of 276.85 feet to a point for corner of the herein described interior line;
S 86'47' 19" W, a distance of 20.48 feet to a point for corner of the herein described interior line;
S 03° 12'41" E, a distance of 10.00 feet to a point for corner of the herein described interior line;
N 86'47' 19" E, a distance of 20.45 feet to a point for corner of the herein described interior line;
S 03 °03'07" E, a distance of 202.11 feet to a point for the Easternmost Southeast corner of the
herein described interior line;
S 41 °56'53" W, a distance of 20.47 feet to a point for the Southernmost Southeast corner of the
herein described interior line;
S 86°56'53" W, a distance of 78.93 feet to a point for the corner of the herein described interior
line;
Page 4 of 5
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00 MALLARD ON MAJOR\06 SURVEY\04 FINALS\MB\0 5557MBI.DOCX
EXHIBIT "A"
WOODLANDS AT BEAUMONT APRIL 27, 2020
0.5557 OF ONE ACRE JOB NO.6648-00
PROPOSED 10' WIDE EXCLUSIVE WATER LINE EASEMENT
N 47°36'04" W, a distance of 10.11 feet to a point for corner of the herein described interior line;
N 03°03'07" W, a distance of 115.78 feet to a point for corner of the herein described interior
line;
N 47°36'04" W, a distance of 18.53 feet to a point for corner of the herein described interior line;
S 86°56'53" W, a distance of 340.75 feet to a point for the Southernmost Southwest corner of the
herein described interior line;
N 48°03'07" W, a distance of 46.87 feet to a point for the Westernmost Southwest corner of the
herein described interior line;
N 03°03'07" W, a distance of 125.10 feet to a point for corner of the herein described interior
line;
N 86°56'53" E, a distance of 18.49 feet to a point for of the herein described interior line;
N 03°03'07" W, a distance of 10.00 feet to a point for corner of the herein described interior line;
S 86°56'53" W, a distance of 18.49 feet to a point for corner of the herein described interior line;
N 03°03'07" W, a distance of 177.36 feet to the POINT OF BEGINNING of the herein
described interior line;
All of the land contained within the herein described exterior line and the herein described interior line
comprising of 0.5557 of one acre (24,208 square feet) of land.
The above description is not to be used for fee conveyance.
Sean Conley RPLS No. 6739
BGE, Inc.
10777 Westheimer Road, Suite 400
Houston, Texas 77042
Telephone: (281) 558-8700
TBPLS Licensed Surveying Firm No. 10106500
Page 5 of 5
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P.O.B.
EXTERIOR LINE OF
PROPOSED 10' WIDE W.L.E.
r--------------I
DETAIL A
1'=50' I
I tK
I �R� o I 1n
w
I I �Q
I .tK �� I >
P.O.B. I Q F
0.0'
INTERIOR LINE OF I �' §
1PROPOSED 10' WIDE W.L.E. O
----------------� ti
I D1 TA5LO B 5 I
I L I
I �6' I
L47 L8
P.O.C.
EXTERIOR AND INTERIOR LINE OF
PROPOSED 10' WIDE W.L.E.
rP.O.B.
EXTERIOR LINE OF
1 PROPOSED 10' WIDE W.L.E.
1 2 y1
Cif 1
CALLED TRACT 2-A
LESS AND EXCEPT
A CALLED 0.0364 ACRES
THE WOODLANDS AT BEAUMONT, LLC
�Q .:'''• N 86'56'5.3
s •. �' — L
N 86'56 53' E 429.84
SEE DEATIL A rn
TRACT 2-A
P.O.B. �
INTERIOR LINE OF 10.0'
J J PROPOSED 10' WIDE W.L.E. J
,e
L38 L65 A pNq �r1D
r
L64 0 3 L52
DEATIL B
4
p A¢�
G�p00
N
0
200
L11 CALLED 0.0364 ACRES
—1 BERRYHILL PROPERTIES, LP
o L48
L49
3
o
L63 0 D L53
J �D R��D Ao 1
L54 �n
z
Q
LEGEND
o
L50
10'0
I
SEE DETAIL D SEE DETAIL C
J
J
a - -
P.O.B.
POINT OF BEGINNING
I z
z
340.75
I S 86'56'53" W ,n L16
=
P.O.C.
POINT OF COMMENCING
— — —
— — -
I__ J S 86.56 53 W L J
J L56
o = w
o m
R.O.W.
FT.
RIGHT-OF-WAY
SQUARE FEET
DETAIL C
x
w
333.79' N
w
SQ.
V=30'
I `'�
-RAC 2-B J L58
m 1--
W.L.E.
WATER LINE EASEMENT
L57
o w Z
I? -PROPERTY
LINE
I
I
DETAIL D
I
I
I
I
I
— — — — — — — — — — — I
).5557 ACRES 0'oA L25 L19- Q
24,208 SQ. FT. ADD L24 1 23 0 L —
PROPOSED 10' LOT 1
WIDE W.L.E. EXISTING R.O.W. L22 L21 STATE HIGHWAY 105
(R.O,W, WIDTH VARIES)
CALLED 0.1033 ACRES
B.T. RANDOIL MPANY EXISTING OW- EXHIBIT "B"
NOTE:
1. THIS EXHIBIT IS FOR GRAPHICAL PURPOSES ONLY IN
RELATION TO THE PROPOSED EASEMENT(S) SHOWN
HEREON AND IS NOT A BOUNDARY SURVEY NOR SHALL
IT BE CONSTRUED IN ANY WAY AS A BOUNDARY SURVEY.
2. SEE PAGE 2 OF 2 FOR LINE TABLE.
LINE TABLE
NUMBER
BEARING
DISTANCE
L1
S 55'43'19" E
120.66'
L2
S 47'57'52" E
30.03'
L3
N 41'56'53" E
21.71'
L4
S 48'03'07" E
3.99'
L5
N 41'56'53" E
9.03'
L6
S 48'03'07" E
10.00'
L7
S 41'56'53" W
9.03'
L8
S 48'03'07" E
15.19'
L9
S 03'03'07" E
173.04'
L10
N 86'56'53" E
68.84'
L11
S 02'59'03" E
10.00'
L12
S 86'56'53" W
68.83'
L13
S 03'03'07" E
160.07'
L14
N 86'52'54" E
35.90'
L15
S 03'07'06" E
10.00'
L16
S 86'52'54" W
35.91'
L17
S 03'03'07" E
150.49'
L18
S 41'56'53" W
28.75'
L19
S 86'56'53" W
50.64'
L20
S 03'07'47" E
104.76'
L21
S 8614'40" W
19.98'
L22
N 03'24'56" W
20.28'
L23
N 86'52'13" E
10.08'
L24
N 03'07'47" W
84.70'
L25
S 86'56'53" W
26.61'
LINE TABLE
NUMBER
BEARING
DISTANCE
L26
N 47'36'04" W
18.40'
L27
N 03'03'07" W
115.78'
L28
N 47'36'04" W
5.10'
L29
S 42'23'56" W
7.05'
L30
N 47'36'04" W
10.00'
L31
N 42'23'56" E
2.12'
L32
N 48'03'07" W
10.17'
L33
S 42'21'22" W
20.90'
L34
N 47'38'38" W
10.00'
L35
N 42'21'22" E
20.83'
L36
N 48'03'07" W
34.98'
L37
N 03'03'07" W
177.08'
L38
S 86'55'19" W
83.74'
L39
N 03'04'41" W
10.00'
L40
N 86"55'19" E
83.75'
L41
N 03'03'07" W
133.66'
L42
N 41'56'53" E
37.06'
L43
N 47'57'52" W
30.05'
L44
N 42'02'08" E
10.00'
L45
S 38'29'55" E
161.86'
L46
N 41'56'53" E
60.49'
L47
S 48'03'07" E
15.74'
L48
S 86'56'53" W
15.95'
L49
S 03'03'07" E
10.00'
L50
N 86'56'53" E
19.59'
LINE TABLE
NUMBER
BEARING
DISTANCE
L51
S 03'03'07" E
276.85'
L52
S 86'47'19" W
20.48'
L53
S 03"2'41" E
10.00'
L54
N 86'47'19" E
20.45'
L55
S 03'03'07" E
202.11'
L56
S 41'56'53" W
20.47'
L57
S 86'56'53" W
78.93'
L58
N 47'36'04" W
10.11'
L59
N 03'03'07" W
115.78'
L60
N 47'36'04" W
18.53'
L61
N 48'03'07" W
46.87'
L62
N 03'03'07" W
125.10'
L63
N 86'56'53" E
18.49'
L64
N 03'03'07" W
10.00'
L65
S 86'56'53" W
18.49'
L66
N 03'03'07" W
177.36'
EXHIBIT "B"
BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS CITY HALL 801 MAIN STREET
TUESDAY, DULY 21, 2020 1:30 PM
9.10M
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognitions
* Public Comment: Persons may speak on scheduled agenda item No. 1/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider amending Ordinance No. 20-028 related to the Public Health Emergency
Disaster Orders for the City of Beaumont and opening certain City facilities
PUBLIC HEARING
Receive comments related to the Community Development Block Grant -
Mitigation (CDBG-MIT) Program and the submission of an application to the
General Land Office (GLO) for a Texas Community Development Block Grant —
Mitigation (CDBG-MIT) grant
WORK SESSION
Review and discuss the City's General Obligation Bonds; Certificates of
Obligation; Revenue Bonds; Other Debt Issues and possible refunding
opportunities
COMMENTS
* Public Comment (Persons are limited to 3 minutes)
Councilmembers/City Manager/City Attorney comment on various matters
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Claim of Bertha Jackson
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.
TEXAS GOVERNMENT CODE §2254.1036 NOTICE;
ACTION APPROVING CONTINGENCY FEE CONTRACT WITH LINEBARGER,
GOGGAN, BLAIR & SAMPSON, LLP
The City of Beaumont has a substantial need for legal services to be provided to
collect debts and accounts receivable such as unpaid fines, fees, court costs, forfeited
bonds, and restitution ordered paid by the Municipal Court;
The City of Beaumont has identified the law firm of Linebarger, Goggan, Blair &
Sampson, LLP as a firm with the competence, qualifications and demonstrated
experience to provide the necessary collection services;
.past;
The Linebarger Firm has provided these services to the City of Beaumont in the
These legal services cannot be adequately performed by the attorneys and
supporting personnel of the City of Beaumont at a reasonable cost;
These legal services cannot reasonably be obtained from attorneys in private
practice under a contract providing only for the payment of hourly fees, without regard to
the outcome of the matter, because of the nature of the collection authorized by Texas
Code of Criminal Procedure Art. 103.0031 and because the City of Beaumont does not
have the funds to pay the estimated amount required under a contract only for the
payment of hourly fees;
It is in the best interest of the citizens of Beaumont to enter into a contingency fee
contract with the law firm of Linebarger, Goggan, Blair & Sampson, LLP to perform the
legal services required because of the nature of the collection process requiring
specialized legal services which Linebarger, Googan, Blair & Sampson, LLP has the
demonstrated competence to provide.
1
July 21, 2020
Consider amending Ordinance No. 20-028 related to the Public Health Emergency Disaster
Orders for the City of Beaumont and opening certain City facilities
BEAUMONT
TEXAS
TO:
FROM:
MEETING DATE:
REQUESTED ACTION:
BACKGROUND
City Council
Kyle Hayes, City Manager
July 21, 2020
Council consider amending Ordinance No. 20-028 related to the
Public Health Emergency Disaster Orders for the City of
Beaumont and opening certain City facilities.
On June 23, 2020, the City Council amended the Emergency Disaster Orders for the City of
Beaumont to allow for the opening of all previously closed City facilities on or before July 31,
2020, with the exception of the Lakeside Center.
Councilmembers Samuel and Mouton have requested that this item be placed on the agenda to
reconsider the opening of certain facilities.
ORDINANC&NO. 20-028
ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING
ORDINANCE 20-020 TO AMEND THE PUBLIC HEALTH EMERGENCY
DISASTER ORDERS FOR THE CITY OF BEAUMONT; OPENING
CERTAIN .CITY FACILITIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR A PENALTY AND PROVIDING FOR REPEAL.
WHEREAS, on the 16t' day of March 2020, the Mayor issued a Proclamation, as
was amended March 19, 2020 and March 23, 2020, declaring a State of Disaster for the
City of Beaumont, Texas resulting from the imminent threat to the public health and the
potential loss of life from the spread of COV1D-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
response to the COVID-19 pandemic; and,
WHEREAS, the Executive Orders suspend the applicable provisions of the Texas
Government Code Chapter 418 and any other relevant statutes to the extent that local
officials do not impose restrictions inconsistent with the Governor's Orders, provided that
local officials may enforce the Executive Orders as well as local restrictions that are
consistent with the Executive Orders; and,
WHEREAS, the City Council, on May 5, 2020, passed Ordinance No. 20-018
amending Ordinance No. 20-010 to amend the Public Health Emergency Disaster Orders
for the City of Beaumont deferring to the Executive Orders of the Governor and opening
certain City facilities; and,
WHEREAS, the City Council, on May 26, 2020, passed Ordinance No. 20-020
amending Ordinance No. 20-018 to amend the Public Health Emergency Disaster Orders
for the City of Beaumont 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 Beaumont while 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 further amend the adopted Declaration
Orders as follows:
That the March 23, 2020 amendment to the Declaration, attached hereto as Exhibit
"A," as amended, is hereby further amended to allow for the opening of all
previously closed City facilities on or before July 31, 2020, with'the exception of
the Lakeside Center. The operation of City facilities are to be in compliance with
the minimum standard health protocols outlined by.the Texas Department of State
Health Services (DSHS) and the Center for Disease Control and Prevention (CDC)
guidelines.
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 Restaurant Operations Permit: The City of Beaumont will allow
the use of outdoor seating in parking lot areas of restaurants using tents, umbrellas or
other covering upon application and the issuance of a permit.
Section 4.
That the proclaimed State of Public Health Disaster for the City of Beaumont shall
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 invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 6.
Any person who shall violate any provision of this ordinance shall be deemed guilty.
of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed
$2,000.00. Each day of violation shall constitute a separate offense.
Section 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 Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
June, 2020.
01" .0"V� Y&W
- M yor Becky Ames -
CITY OF BEAUMONT
SECOND AMENDED DECLARATION OF LOCAL DISASTER
DUE TO PUBLIC HEALTH EMERGENCY
WHEREAS, on March 16, 2020, pursuant to Texas Government Code, Section
418.108(b), the Mayor, as Emergency Management Director, declared for the City of
Beaumont a local disaster due to public health emergency caused by the threat of the
transmission and spread of COMD-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. Clty 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 Ffrulit Center, community centers, Athletic Complex, Tennis
Center, the Municipal Court and the Convention and Visitors Bureau facility. The City
Council will consider these closdres at the Council meeting held Monday, March.23, 2020
In the City Councfl Chambers at 1:30 p.m.
The following facilities, will remain open to the public for normal operations: Henry
Homberg Goff 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.
Section 3. This amendment and supplement shall take effect Immediately upon
signing.
EXHIBIT "A° --
I
0
PUBLIC HEARING
* Receive comments related to the
Community Development Block Grant -
Mitigation (CDBG-MIT) Program and the
submission of an application to the General
Land Office (GLO) for a Texas Community
Development Block Grant —Mitigation
(CDBG-MIT) grant
WORK SESSION
Review and discuss the City's General
Obligation Bonds; Certificates of
Obligation; Revenue Bonds; Other Debt
Issues and possible refunding opportunities