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HomeMy WebLinkAbout08/25/2020 PACKET - CANCELLED DUE TO EVACUATIONBEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, AUGUST 25, 2020 1:30 PM CONSENT AGENDA Approval of minutes — August 18, 2020 * Confirmation of board and commission member appointments A) Authorize the City Manager to execute an amendment to the Municipal Maintenance Agreement with the Texas Department of Transportation B) Authorize the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to T. Gray Utility Company C) Authorize the City Manager to execute all documents necessary to apply for and accept grant funding for the continuation of the SETX Auto Theft Task Force 0 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jimmy Neale, Parks & Recreation Director MEETING DATE: August 25, 2020 REQUESTED ACTION: Council consider authorizing the City Manager to execute an amendment to the Municipal Maintenance Agreement with the Texas Department of Transportation. BACKGROUND The City of Beaumont and TxDOT entered into an agreement in August of 2018 that allowed for the City to take over the mowing and removal of litter on Highway 69 and Interstate 10, within the City Limits of Beaumont. TxDOT, in -turn, reimburses the City at a set rate for the. work that is completed. The amended agreement provides for updated reimbursement amounts. RECOMMENDATION Approval of the agreement. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Amendment to the Municipal Maintenance Agreement between the City of Beaumont and the Texas Department of Transportation for mowing and litter removal on Highway 69 and Interstate 10, within the City Limits of Beaumont. The Amendment is substantially in the form attached hereto as Exhibit "1" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, 2020. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § AMENDMENT TO THE MUNICIPAL MAINTENANCE AGREEMENT WHEREAS, the State of Texas, acting through the Texas Department of Transportation (the "State"), currently provides mowing and litter clean-up maintenance on certain State routes within the City of Beaumont (the "City"); and WHEREAS, the State conducts this mowing and litter control maintenance through its mowing and litter control contractors; and WHEREAS, the City desires to perform the mowing and litter control maintenance on the afore mentioned State routes, including IH 10 and US 69; and WHEREAS, the City and State agree to enter into an Amendment of the Municipal Maintenance Agreement. AGREEMENT NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, the City and State do mutually agree to the agreement as follows: CONTROLLED ACCESS HIGHWAYS State's Duties Reimburse the City for mowing and clean-up of litter between the State right-of-way lines. Reimbursement shall be limited to three (3) mowing cycles per year (in approximately May, July and October), and up to twelve (12) litter cycles per year monthly. The rates of reimbursement shall be based on the average 2019 mowing and litter clean-up costs for Jefferson County. The average cost of each cycle was $37.24/acre for mowing and $18.58/ acre f6r litter clean-up. Reimbursement may be further limited if the State adopts a statewide policy reducing the number of mowing cycles to less than three (3) per year or the number of litter clean-up cycles to less than twelve (12) per year. If the State's policy changes to further reduce the State's mowing or litter clean-up cycles, the State shall notify the City, in writing, within sixty (60) days of this change. If the State fails to notify the City as required under this EXHIBIT "1" paragraph, the State shall be responsible for payments to the City in- accordance with the previously agreed upon reimbursement schedule. City's Duties • Mow and clean-up litter between the State right-of-way lines for a minimum period of two (2) years. • Submit invoices for mowing and litter clean-up cycles at intervals described in Attachment A. The City agrees that for mowing and litter clean-up, if performed by employees of the City, the City shall show proof of self-insurance. If mowing and/or litter clean-up is performed by a contractors) selected by the City through its selection process, the City shall require the contractor(s) to have in place insurance as evidenced by the State's Certificate of Insurance form.. The City will also require any contractor(s) to agree to indemnify and save harmless the State from all claims and liability due to the contractor(s) material or activities of itself, its agent, or employees, performed under agreement with the City that are caused or may result from error, omission, or negligent act. Prior to any mowing or litter clean-up by the City, such evidence of self-insurance or Certificate of Insurance shall be provided to the State. Termination This Agreement is expressly made subject to the rights granted to the State to terminate this Agreement without cause upon notice and to the rights granted to the City to terminate this Agreement without cause upon notice after two (2) years, and upon the exercise of any such right by either party, this Agreement will terminate. The State or the City may terminate this Agreement upon notice at any time for a violation of the terms of this Agreement. The termination of this Agreement does not affect any other agreements between the parties. If the City has entered into a contract with a third party to perform any services under this Agreement, this Agreement will continue in effect until .the current term of the contract has expired. In all other respects, the Agreement shall remain in force and effect without change. -2- IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate. The Agreement becomes effective when last executed. In all other respects, the Municipal Maintenance Agreement shall remain in full force and effect without change. THE CITY OF BEAUMONT THE STATE OF TEXAS City Manager Date: Attested By: City Clerk -3- Executed for the Executive Director and approved by the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders and established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Approved: wa Donald L. Smith, PE District Engineer Beaumont District, Texas Department of Transportation Date: ATTACHMENT "A" Description and frequency of work: • Three (3) mowing cycles per year of 535 acres at $37.24 per acre for a total of $59,770.20. • Twelve (12) litter cycles per year of 535 acres at $18.58 per acre for a total of $119,283.36. • Total cost of $179,053.56 per year, invoiced by the City in the amount of $44,763.39 on the last day of each fiscal quarter for the State: 1) 1" Quarter — September, October, November services performed are invoiced on November 30 2) 2nd Quarter — December, January, February services performed are invoiced on February 28 3) 3Td Quarter — March, April, May services performed are invoiced on May 31 4) 4th Quarter — June, July, August services performed are invoiced on August 31 M Iq BEAUMONT TEXAS TO: City Council FROM:. Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: August 25, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment .to T. Gray Utility Company.. BACKGROUND On October 2, 2018, by Resolution 18-239, City Council awarded a contract to T. Gray Utility Company, of Houston, in the amount of $615,585.00 for the Sanitary Sewer Manhole Rehabilitation Work Order Contract — Phase II Project. Notice to Proceed and Work Order 1 were issued in a pre -construction. meeting on November 20, 2018, which stated the contract time would commence November 27, 2018. T. Gray did not begin rehabilitation work until February 11, 2019. Many issues with communications and work culminated in a termination letter from the City to T. Gray on July 30, 2019. T. Gray contacted the City after the letter and after pleading their case were allowed to resume. work. Despite the second chance only an additional $125,000 worth of work was completed. Communications issues continued through the end of the contract. Proposed Change Order No. 1, in the amount of ($443,606.47) is required to adjust estimated quantities in the contract to reflect the actual quantities used for the work done. If approved, the adjustment in quantities would result in a final contract amount of $171,978.53. The portions of project that were performed have been inspected by Water Utilities and those portions were found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 1, maintenance and final payment. in the amount of $8,598.92 is recommended. The City plans to continue manhole rehabilitation work with an in-house crew moving forward. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 18-239 :I WHEREAS, the City of Beaumont solicited bids for the Sanitary Sewer Manhole Rehabilitation Work Order Contract — Phase II Project; and, WHEREAS, T. Gray Utility Company, of Houston, Texas, submitted a complete bid meeting specifications in the amount of $615,585.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by T. Gray Utility Company, of Houston, Texas, is the lowest responsible bidder providing the best i 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 T. Gray Utility Company, of Houston, Texas, in the amount of $616,585.00 to rehabilitate existing manholes- by coating the inside walls with concrete liner, performing frame to manhole sealing, and by adjusting/resetting defective manholes for the Sanitary Sewer Manhole Rehabilitation Work Order Contract — Phase II Project; and,. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with T. Gray Utility Company, of Houston, -Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of October, 2018.-•^�"'`����h� " "' Mayor Becky Ames - CITY OF BEALI:+iONT DATE: Angnsl 6, 20211 PROJE(T: Sanilnr3 Sencr Manhole Relmhililnlino Work Order C'nntrnn - Plum ll - - OWNER: CITY OF BEAUMONT COATRACTOR : T. Grn) Uliliq S Itdmh C... 1.1.C' C'IIANGE ORDER: I .. . THE FO LIM V ING CHANGES IN THE PLANS ANDIOR SPECIFICATIONS ARE HEREBY 3IADE: AJjuslnlanl orc5linmtul'qunntilies and wlcndar days in llp emilrKl to rrllml liw ac\ml'yumnilics used ui dw cmupldinn ul•dx:pmjttl. � - � , AJnn.-tetar� �.•i(�tua„t,.,Aiwa.n,�,�n;r�<i„m�r•..�,,,.,..t ITEM - ITE\I - CIIANGEIN NO. CODE DESCRIPTION UNIT BIDQIIA\rl'rl' QUANTRI- UNIT PIUCE CHANGE ORDER AMOUNT DELETE 2 5112 Danicxulm Signs aid Tragic l lmdling Er\CH In -7.01I S 243.75 S (IJ0423) 3 2553 A'djusVRcscl \Imlwle,siAi Nei, Frame and Ciam Up to Om Fool in 14s cJ:\ms FACII . 41) - -37JXI S 897.111 S (33.1841111) 2555. AdjnsFRescl Manhole oith F isliiig Frame aid C'o%ar Up In Oise I'm in Pascd Arms EACH an -313N1 5 7116.44 S (24,1133.75) 5 2555 AdjusiMcxl\hvilnkssith Nam. Fraine and Co — Up to Utc Fool in Ulpasd Ams EACH .Itld -57310. S 614.38 S (371(3:A.f) 6 2555 Adjustfkm \Imholc gilh Ecislitig Fmmc aid Co%cr Up to One Feat in Unpaved Areas EACH .1211 . -IlD.ls) s 477.75 S .. 152.552.50) 7 .2555 AdjusNRescl\.Ma.C\sss Omi One Fad l4r Details 11-37ind 11.54 VP 111) -16N,23 S 4%7,50 S (4,301.311 A _>555� Rclwahililation or\Imdmlc fit I —Mick Cnicrosc liver Apprmd \lie Design flocluding VF 1.2011 .-781:1i S 1111.311 5II41.I144.23) 9 2555 Mmiltolc hiscns EACH fix) _5601. S 243.73 S (13,G lum) ID 2555 Frinielo \Imiholc Scal - GACH -2u - -2i1.INl S 07.51) S ('1,7511.OIq 11 2555 11.1'abilifini.. of Raul— and Inicristont% mlicuconstnicied ahlioul mall lining) EACH 311 -3701 S 585,1111 S (21.W300) Alluy�mice - Unrmscen Work as Dirmot! by ilia Otsncrs ALLOW 1 - 4D.901333 . S :3)I,IItN1,IN1 S TOTALA\IOUNTOFTIIISCHANGE ORDER Is (443,6116.47) CONTR ACFTIME - Original Contract Ttnic: 365 calcndarda)s Additional Tune utdcr RFI No, I - - - - 211calcadarda,s - -' REVISED CO,YrIIACr TIME 30 cn4ndnnhns ORIGINAL CONTRACT AMOUNT: S 615„wim) . NET FROM PREVIOUS CHANGE ORDERS: S TOTAL AMOUNT OFTHIS CHANGE ORDER: S 1443,6116.471 -' PERCENT OFTIIIS CII.ANGE ORDER:. -72.06% . TOT.AI.PERCENTCII.ANGEORDER. ODA1'E:, --72.116Y. .. NEW CONTRACTAMOIL S 171.9711.53 f 4, /f� _ dt'L'1 I'11'Dlt\'. .3 HU PAIrIMA, A& ? �I7/ zZO (i1L\1'l)\,I\l\l\\IY'✓L W:I L\II CiI.. I.LI' -1 IA\'U: X41, '1 ILITI' 1\I1 IIIiSUI:UI' \LAN, It \/ A\I.\I.L\VII.1.\NlltAl.. l'I'.l'IITl�til;ll l: DAII'. II t'll:l )lt1\ :l'Il ltl l't 111.R'\\'1)N&.� IDCII: AND IMIMN•s Y511tVhTS _ _ 1 ,1ITRI Vt711D' - ,YI'IISII;DllS' 1 KYI IMAY14N.ClITMA\AM:I - DA'11: 11NA IRJR SKAIRI• C'lI v cl IRK CITY OF BEAUMONT, TX SANITARY SEWER MANHOLE REHABILITATION WORK ORDER CONTRACT — PHASE It BID NO. WU0718-17 PROGRESS PAYMENT No._8 & FINAL PROGRESS DATE CONTRACTTIME BEGAN. 1IJ2712018 CALENDAR DAYS ALLOWED: 385 CALENDAR;DAYS USED: 385 CALENDAR DAYS OVER 0 11 TOTALS NET CHANGE B CHANGE ORDER ;ontracbofs Cerbiication _ ie undersigned Contractor certifies that to the best of its knowledge: (1) all p pm� gpaYmads receved from Owner on ao�. I ofWorkdone under theCarltonrem been appWonamufttodsdmge CaftcrotslegZnxte obfig36or1SW=redhcoirrec5mw1hWork=veredbypnor Progress Payments; (2) toe of an Wark rnsWals and equipment incaporeted In saidWorkorolimm"se WdiinoraouaedbyMFmg=PaymemwMpasstoOwner attimeorpayner� fee artd ckwofall Liens, wanly interests and enaar>ararx es (=eptwdm as are mered by a Bond aar plabte to Offer indernrdf q; Owner agm anyslzhl:rars, sea** 1,restorerx rrnb=ces):mid (3)agWakcaeredbytftPmgmwPaym.pritisin=mda= with the Contract Doarrrerils and is notde<eetiue Y UTILITY & REHAB COMPANY, LLC ORIGINAL CONTRACT AMOUNT CONTRACT AMOUNT INCLUDING CHANGE ORDERS TOTAL AMOUNT OF WORK PERFORMED TO DATE LESS: RETAINAGE 5% PREVIOUS PAYMENTS TOTAL DEDUCTIONS MO N DUE GONTRACTO Payment of. v/ "N ` �• f .Z s is approved by. (Owner) CIIY.OF EAUMONT Payment of. $ _ is approved by. n, (OwieQ CITY OF BEAUMONT S 616.585.00 S 616.685.00 s^ 171.978.53 S 0.00 $ 163,379.61 S 0.00 8,59&.921 Percent Complete 28%_ b ,to/zo (Date) (Date) CITY OF BEAUMONT, TEXAS SANITARY SEWER MANHOLE REHABILITATION WORK ORDER CONTRACT - PHASE II, BID NO. WU0718-17 POA04052019 Pay Estimate # 8,8. FINAL 01-May-20 TO 31-Mav-20 RESOLUTION NO. WHEREAS, on October 2, 2018, the City Council of the City of Beaumont, Texas passed Resolution No. 18-239 awarding a contract in the amount of $615,585.00 to T. Gray Utility Company, of Houston, Texas, for the Sanitary Sewer Manhole Rehabilitation Work Order Contract — Phase 11 Project; and, WHEREAS, Change Order No. 1, in the amount of ($443,606.47), is required to adjust the estimated quantities to reflect the actual quantities used for the work performed, thereby decreasing the total contract amount to $171,978.53; and, WHEREAS, the work performed has been inspected by the Water Utilities Department 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. 1, in the amount of ($443,606.47), to address the items described above, thereby decreasing the total contract amount to $171,978.53 for the Sanitary Sewer Manhole Rehabilitation Work Order Contract — Phase II Project; and, BE IT FURTHER RESOLVED THAT the work performed for the Sanitary Sewer Manhole Rehabilitation 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 $8,598.92 to T. Gray Utility Company, of Houston, 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 25th day of August, 2020. - Mayor Becky Ames - C BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: August 25, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary to apply for and accept grant funding for the continuation of the SETX Auto Theft Task Force. BACKGROUND The City of Beaumont has been the grantee for the Southeast Texas Auto Theft Task Force since 1993. The total budget being requested is $890,340, with state funds in the amount of $528,714. The Beaumont Police Department will provide $226,250 as a cash match in the form of personnel salaries, benefits, fuel and vehicle maintenance, while other agencies will provide an additional $135,376 for a total cash match of $361.,626. An "in -kind" match of $262,205 will also be provided in the form of salaries -and vehicle related expenses. The upcoming grant cycle will begin on September 1, 2020 and will end on August 31, 2021. This grant application was previously approved by the City Council on August 11, 202.0; however, the resolution needs to be corrected to match the grant authority's template. FUNDING SOURCE The City's required match is included in the Police Department's Operating Budget in the General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, under the provisions of the Texas Transportation Code Chapter 1006 and Texas Administrative -Code Title 43; Part 3; Chapter 57, entities are eligible to receive grants from the Motor Vehicle Crime Prevention Authority to provide financial support to law enforcement agencies for economic automobile theft enforcement teams and to. combat motor vehicle burglary in the jurisdiction; and, WHEREAS, this grant program will assist this jurisdiction to combat motor vehicle burglary and theft; and, WHEREAS, City of Beaumont has agreed that in the event of loss or misuse of the grant funds, City of Beaumont assures that the grant funds will be returned in full to the Motor Vehicle Crime Prevention Authority; 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 Kyle Hayes, City Manager, is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Motor Vehicle Crime Prevention Authority Grant Program and all other necessary documents to accept said grant; and, BE IT FURTHER RESOLVED that Bryan Skinner, Lieutenant, is designated as the Program Director and Todd Simoneaux, Chief Financial Officer, is designated as the Financial Officer for this grant. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, 2020. - Mayor Becky Ames - BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, AUGUST 25, 2020 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda. items 2-4/Consent . Agenda Consent Agenda GENERAL BUSINESS 1. Consider a request to abandon the alley adjacent to 705 Martin Luther King Pkwy 2. Consider an ordinance granting a new solid waste franchise agreement with Neches Management Services 3. Consider amending. Ordinance No. 20-031 related to the Public Health Emergency Disaster Orders for the City of Beaumont and opening certain City facilities, specifically, to allow the Beaumont Children's Museum to open inside the Civic Center 4. Consider a resolution authorizing the City Manager to. execute an agreement with the Beaumont Independent School District (BISD) regarding the School Crossing Guard Program PUBLIC HEARING * Receive comments on the proposed Reinvestment Zone Tax Abatement: Policy for the City of Beaumont 5. Consider a resolution adopting the Reinvestment Zone Tax Abatement Policy for the City of Beaumont PUBLIC HEARING Receive comments on an Ordinance finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Henry C. and Elizabeth Pressler at 1801 North Street; property owned by Gilberto Valdez at 1230 Chamberlin and property owned by Miriam Morgan c/o Habitat for Humanity at 3035 West Lucas 6. Consider approving an Ordinance finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Henry C. and Elizabeth Pressler at 1801 North Street; property owned by Gilberto Valdez at 1230 Chamberlin and property owned by Miriam Morgan c/o Habitat for Humanity at 3035 West Lucas WORK SESSION COMMENTS Review and discuss the proposed FY 2021 Budget Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: Specifically city -owned property at 3455 Sarah Street Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Southern Choice Consulting, LLC v. City of Beaumont; Cause No. A-205,533 Consider matters to deliberate the employment, evaluation, duties of a public \officer or employee in accordance with Section 551.074 of the Government Code to wit; specifically: Kyle Hayes, City Manager Tyrone Cooper, City Attorney Tina Broussard, City Clerk Craig Lively, Chief Magistrate 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 August 25, 2020 Consider a request to abandon the alley adjacent to 705 Martin Luther King Pkwy BE AUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: August 25, 2020 REQUESTED ACTION: Consider a request to abandon the alley adjacent to 705 Martin Luther King Pkwy. BACKGROUND Sylvester Hill is requesting abandonment of the alley located within Block 1, Jirou Addition. The alley is located adjacent to 705 Martin Luther King Pkwy. Mr. Hill represents H2H Management Group, L.L.C., owners of all of the adjoining property. H2H Management Group, L.L.C. would like to build on this property. At a Joint Public Hearing held on March 16, 2020, the Planning Commission recommended 5:0 to approve the request to abandon the alley adjacent to 705 Martin Luther King Pkwy with the following condition: 1. If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council's agenda. All of the required items have been submitted. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. n APPLICATION FOR RIGHT-OF-WAY Revised 11/2019 OR UTILITY EASEMENT ABANDONMENT CITY OF BEAUMONT, TEXAS THIS IS AN APPLICATION TO -ABANDON A: RIGHT-OF-WAY (ROW) UTILITY EASEMENT (UE) OR ABANDON A RIGHT-OF-WAY BUT RETAIN A UTILITY EASEMENT. jk NAME OF APPLICANT: AUTHORITY OF APPLICANT: NAME OF OWNER: ADDRESS: oe-s-f el' Hl, / to 9-7PJ-3 2,1 PHONE: 4-/ b FAX: 7 G� B� ` T � M6� �i /3'1 ��J� �+ iro 7e) - 32,P? FAX: 4 " ALL OWNERS ABUTTING THE ROW OR UE MUST SIGN WRITTEN REQUEST. (PLEASE ATTACH PROPERTY OWNER'S LIST TO THE APPLICATION) DESCRIPTION OF ROW OR UE TO BE ABANDONED: % !� S- M 4 o / //,, '- *f7 LDM V , 31 eO U LA -qv t-4 - PRESENT USE Of ROW OR UE (LIST UTILITIES IF PRESENT) 'ATTACH A LETTER STATING THE REASONS FOR THE ABANDONMENT. LEGAL DESCRIPTION OF PROPERTY: LOT NO. �. BLOCK NO. ADDITION OR TRACT PLAT SURVEY ATTACH A MAP OR PLAT DELINEATING THE PUBLIC ROW OR UE TO BE ABANDONED AND THE LEGAL. DESCRIPTION OF ADJACENT PROPERTY (DIMENSIONED AND TO ENGINEERING SCALE). 4ATTACH THE U0,00APPLICATION FEE, THE ACTUAL COST OF NECESSARY APPRAISALS AND TITLE COMMITMENTS. IF PROPERTY IS ABANDONED, APPRAISED VALUE OF THE FEE INTEREST IN THE PROPERTY SHALL BE CHARGED. TO THE BEST OF MY KNOWL DGE, THE ABOVE INFORMATION IS TRUE AND CORRECT. SIGNATURE OF APPLICANT: DATE: C PLEASE TYPE OR P AND SUB TO: CITY OF BEAUMONT 95 (0 - 03 PLANNING DIVISION FILE.NUMBER: 801 MAIN STREET, SUITE 201 BEAUMONT, TX 77701 DATE RECEIVED: I- 2 7-26Zo Phone - (409) 880-3764 Fax - (409) 880-3133 APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date: I "2.,Z�-D We, the undersigned, being the sole owners of all the property abutting the proposed abandonment of C)� L--1� -' ,ten. i 7 /AJ a V , hereby respectfully petition that the right-of-way, alley, or utility easement be closed and abandoned. OWNER and ADDRESS Lot Block Addition (tract) (tax plat) L (survey) �j �T �f .i LIn e� 7' ), — /3 ZL NOTE: Please print or type your name and then use signature. Separate sheets may be used. Please note that if the Planning Commission votes to recommend approval of the abandonment, an appraisal and Title Commitment for the property to be abandoned must be made at the applicants expense and submitted to the Planning office. In addition, proof must be submitted that payment in the amount of the appraised value has been arranged. Once these items are submitted, the item will be placed on City Council's agenda for final consideration. January 24, 2020 Dear Planning and Zoning Commission: I am wanting to abandon that alleyway on JROU Lot 2 -13 block to be able build on it. If there anypuestions, please feel free to contact me at 409-781-3288 jagement Group LC 409-781-3288 ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING AN ALLEY LOCATED ADJACENT TO 705 MARTIN LUTHER KING, JR. PARKWAY, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Sylvester Hill, on behalf of H2H Management Group, L.L.C., has applied for an abandonment of an alley located adjacent to 705 Martin Luther King, Jr. Parkway, being the approximately 300' x 20' alley in Block 1, Jirou Addition, City of Beaumont, Jefferson County, Texas, as shown on Exhibit "A," attached hereto; and; WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the alley is no longer necessary for municipal street purposes and the abandonment of said alley is in the best interest of the City and should be granted; 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, THAT an alley located adjacent to 705 Martin Luther King, Jr. Parkway, being the 300' x 20' alley in Block 1, Jirou Addition, City of Beaumont, Jefferson County, Texas, as shown on Exhibit 'A" attached hereto, and for adequate consideration received, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, 2020. - Mayor Becky Ames - 06-OB: Request to abandon an alley. ,pplicant: Sylvester Hill ,ocation: 705 Martin Luther King Pkwy, Block 1, Aron Addition 100 200 1 1 Feet EXHIBIT "A" No Text ` w wNIQ (0� 60 140 i o .a ILK if 140 _ w o 140 } 040so -' 90 3y.25' r00• RS• ___ G `,J O O b f q 0 39,2 ! 0.75' Zi u, a► 4 w a k C.. _ cn �40' 2 August 25, 2020 Consider an ordinance granting a new solid waste franchise agreement with Neches Management Services BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager �/ PREPARED BY: Todd Simoneaux, Chief Financial Officer `—;/ MEETING DATE: August 25, 2020 REQUESTED ACTION: Council consider an ordinance granting a new solid waste franchise agreement with Neches Management Services. BACKGROUND According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Nine entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Neches Management Services has requested that the City Council grant the company such franchise agreement. Neches Management Services manages construction and disposal services for clients locally with an office at 1440 Spindletop Ave. Beaumont, TX 77705. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four consecutive weeks in a newspaper of general circulation in the City. All publication costs are paid by the franchisee. Attached is a copy of the franchise agreement for your review. This is the second reading. FUNDING SOURCE A franchise fee of seven percent (7%) of gross receipts will be paid to the City. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO NECHES MANAGEMENT SERVICES. WHEREAS, Neches Management Services (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby granted by the City to Neches Management Services the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service" shall mean the business of collection, hauling or transporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be'granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take -effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month -to -month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in.rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The. City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of- way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company, shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City, Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from' Company's operations under this franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows:- 1 ) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The -Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation.- A certificate of insurance certifying such coverage shall be filed with the City Clerk, before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll -off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providinq Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty- eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Neches Management Services 1440 Spindletop Ave. Beaumont, Texas 77705 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. 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 on first reading this the 18th day of August, 2020. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the 25th day of August, 2020. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of , 2020. - Mayor Becky Ames - ACCEPTANCE: Neches Management Services (Company Owner/Representative) 3 August 25, 2020 Consider amending Ordinance No. 20-031 related to the Public Health Emergency Disaster Orders for the City of Beaumont and opening certain City facilities . BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: August 25, 2020 REQUESTED ACTION: Council consider amending Ordinance No. 20-031 related to the Public Health Emergency Disaster Orders for the City of Beaumont and opening certain City facilities. BACKGROUND On July 28, 2020, the City Council approved Ordinance No. 20-031 that provided for the closure of the following City facilities: Lakeside Center, Downtown Library, Civic Center, Event Centre, Julie Rogers Theatre, Jefferson Theatre, Sterling Pruitt Center, and the Community Centers. If the City Council would like to allow the Beaumont Children's Museum to open, the following language would be added after Civic Center (with the exception of the Beaumont Children's Museum which is a tenant in the Civic Center Building). i ORDINANCE NO. 20-031 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; CONTINUING THE CLOSURE OF CERTAIN CITY FACILITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY AND PROVIDING FOR REPEAL. WHEREAS, on the 16th day of March 2020, the Mayor issued a Proclamation, as was amended March 19, 2020 and March 23, 2020, declaring a State of Disaster for the City of Beaumont, Texas resulting from the imminent threat to the public health and the potential loss of life from the spread of COVID-19 in the City of Beaumont; and, WHEREAS, the City Council, on March 23, 2020, passed Ordinance No. 20-010 extending the Declaration of Local Disaster due to public health emergency until such time as the Declaration is terminated by Ordinance of the City Council; and, WHEREAS, Governor Abbott recently issued Executive Orders relating to 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, WHERAS, the City of Beaumont has seen a spike in the positive cases and additional deaths in the past several weeks; and, WHEREAS, the recent increase in positive cases is impacting the health care systems causing an increase in hospitalizations and ICU capacity; and, WHEREAS, allowing the opening of non -essential public facilities encouraging large gatherings poses a direct threat to the health, safety and welfare of the citizens of Beaumont; and, WHEREAS, it is in the best interest of the citizens of Beaumont to review the City of Beaumont Declaration of Local Disaster Orders to address the continued closure of City facilities in the City of Beaumont to minimize the spread of the coronavirus; 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 provide for the closure of the following City facilities: Lakeside Center, Downtown Library, Civic Center, Event Centre, Julie Rogers Theatre, Jefferson Theatre, Sterling Pruitt Center, and the Community Centers. 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. l A 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 28th day of July, 2020. Nffyor Becky Ames - CiTY OF BEAUMONT SECOND AMENDED DECLARATION OF LOCAL DISASTER DUE TO PUBLIC HEALTH EMERGENCY WHEREAS, on March 16, 2020, pursuant to Texas Government Code, Section 418.108(b), the Mayor, as Emergency Management Director, declared for the City of Beaumont a local disaster due to public health emergency caused by the threat of the transmission and spread of COVID-19 In the City of Beaumont; and, WHEREAS, due to.the ongoing threat of the spread of the COVID-19 virus and the need to update measures to reduce the potential of exposure and transmission .of the disease, it is necessary to amend the Declaration of Local Disaster, NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF BEAUMONT, TEXAS: THAT the March 16, 2020 Declaration of Local Disaster as amended March 19, 2020 be amended and supplemented as follows: Section 1. City Facilities, in keeping with the directives of the CDC, the following City facilities will be closed to the public: City Hall, the Downtown Library, Tyrrell Historical Library, Civic Center, Event Centre, Julie Rogers Theatre, Jefferson Theatre, Lakeside Center, Sterling Prultt Center, community centers, Athletic Complex, Tennis Center, the Municipal Court and the Convention and V161tors Bureau facility. The City Couricll will consider these closures at the Council meeting held Monday, March.23, 2020 In the City Council Chambers at 1:30 p.m. The following facilities will remain open to the public for normal operations: Henry Homberg Golf Course, Municipal Transit, City parks, Elmo Willard Library, Theodore Johns Library, and the Miller Library. No special events will be scheduled at these facilities. 'Section 2. That the operation of the competitive bidding requirements of the City of Beaumont are hereby suspended and removed for a period of ninety (90) days from and after March 23, 2020, unless the State of Disaster is earlier terminated, provided however, that Insofar as practical bids, quotations, or estimates -of material, labor and other costs for purchases, goods, works, and the like described shall be diligently solicited and procured before entering Into contracts therefore and such contract, if awarded, shall be made to the lowest, best or expedient bid, quotation, or estimate received. The determination of the lowest, best, or expedient bid, quotation, or estimate shall be within the sole discretion of the City Manager or his designee and his decision shall be final.' signingSection 3. This amendment and supplement shall take effect immediately upon EXHIBIT "A" f r I J ORDERED thisda-1-4ay of March, 2020. �Aww;L A EST: - M y r ge6W Ames - City Clerk �� �U��✓ g�0 ' S1 August 25, 2020 Consider a resolution authorizing the City Manager to execute an agreement with the Beaumont Independent School District (BISD) regarding the School Crossing Guard Program BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology, Services MEETING DATE: August 25, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with the Beaumont Independent School District (BISD) regarding the School Crossing Guard Program. BACKGROUND The City of Beaumont entered into an interlocal agreement (ILA) with BISD in May 2017 which obligated BISD to manage and administrate the School Crossing Guard Program and its employees. The City agreed to provide payment for 50% of the actual cost of the School Crossing Guard Program, not to exceed $90,000 per year. This ILA was for a three year period ending on June 30, 2020. BISD is proposing that we renew the agreement with a provision that it automatically renew each year unless terminated by either party. The proposed ILA is attached for your review. FUNDING SOURCE General Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement with the Beaumont Independent School District (BISD) relating to the School Crossing Guard Program. The Interlocal Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of. August, 2020. - Mayor Becky Ames - INTERLOCAL AGREEMENT BETWEEN: CITY OF BEAUMONT, TEXAS & BEAUMONT INDEPENDENT SCHOOL DISTRICT This Interlocal Agreement ("the Agreement") is entered into by and between the City of Beaumont, ("City"), and the Beaumont Independent School District, ("District") . (collectively referred to herein as the "Parties"), entities that are authorized to enter into. interlocal agreements in accordance with Section 791.001, et. seq., of the Texas Government Code. WHEREAS, the District, currently operates a School Crossing Guard program (the "Program'), WHEREAS, the City and the District share the expense of funding the program equally, WHEREAS, the purpose of the program is to ensure students" safety as they come and go to the District's campuses using city.road ways, WHEREAS, the Board of Trustees determines that student safety and student transportation are important educational and public purposes, and the program benefits these educational and public purposes; NOW THEREFORE the parties agree as follows: Article I: Purpose of the Agreement The purpose of this Agreement is to provide the terms and conditions whereby' the District and the City will continue to fund the Program in accordance with the ongoing .spirit of cooperation between the City and the District with regards to the sharing of resources and the mutual concern for safety, and to maximize efficiency for the benefit of the students, citizens, and taxpayers of the City. Article II: Terms of the Agreement This Agreement will be in effect for annual periods coinciding with the. District's fiscal year. It will automatically .renew on its effective anniversary unless terminated sooner by either party upon thirty days prior written notice or immediately upon written notice by either party if termination is due to unavailability or failure to budget funds by either party. Unless otherwise stated Herein, any notice under this Agreement shall be in writing and directed to the following individuals: Interlocal Agreement Regarding School Crossing Guards: City of Beaumont & Beaumont IS Page I of 3 EXH I BIT "A" To City: City of Beaumont Kyle Hayes, City Manager P.O. Box 3827 Beaumont, Texas 77704 Telephone: 409-880-3725 Email: kyle.hayes@beaumonttexas.gov To District: Beaumont Independent School District Dr. Shannon Allen, Superintendent 3395 Harrison Avenue Beaumont, Texas 77706 Telephone: (409) 617-5000 Email: spier@bmtisd.com Article III: Obligation of District District agrees to provide overallmanagement and administration of the program and its employees, including documentation to support invoices submitted to the City. District will provide training for all Crossing Guards in traffic directions as defined by the basic peace officer course curriculum established by the Commission on Law Enforcement Standards and Education. Article IV: Obligation of City The City agrees to compensate the District for half of all expenses related to the crossing guard program, not to exceed $90,000 annually. No crossing guards are eligible to- collect. overtime or other special pay. The City will reimburse the District via a biannual invoice. The first 'invoice will be submitted by January 15 and due no later than February 15. The second invoice will be submitted by June 15 and due no later than July 15. Article V: Indemnity To the extent permitted by Texas law, the parties agree to hold harmless one another and to not be liable to the other party for any and all claims, causes of action, suits, damages, including but not limited to, lost profits, special, incidental, consequential or punitive damages, whether in tort, for breach of contract, breach of warranties, express or implied, or otherwise. Neither party warrants that any duties and Interlocal Agreement Regarding School Crossing Guards: City of Beaumont &Beaumont IS Page 2 of 3 obligations performed hereunder will be without defect or interruption. The parties agree to work cooperatively and to use best efforts to execute the Program. Article VI: Venue & Applicable Law The parties agree that the venue in any legal action brought pursuant to this agreement shall lie in -Jefferson County, Texas. The validity of this agreement and its terms and provisions, as well as the rights and duties of the parties, shall be governed. by the law of the State of Texas. Article VII: Merger & Severability This Agreement constitutes the entire agreement between the. parties with respect to the subject matter of school crossing guards, and supersedes any prior understanding or agreements, whether written or oral, between the parties with respect to the subject matter of this Agreement. No amendment, modification, or alteration of the terms of this Agreement will be binding on either party unless the .same is in writing, dated subsequent to the date of this document, and is duly executed by an authorized person acting for the party against whom enforcement is sought. Should any clause become unenforceable due to illegality, it shall be stricken and the remainder of the agreement enforceable. Article VIII: Intended Parties and.Authority. There shall be no third party beneficiaries with. any rights whatsoever as to either party under this Agreement. Both parties acknowledge .they have the legal authority to enter into this Agreement and commit- to the terms herein, and the parties hereby agree to be bound by such terms. This Agreement is effective on the date of the last signature obtained below. AGREED: City of Beaumont Kyle Hayes, City Manager Date: AGREED: Beaumont ISD IN Date: Shannon Allen, Superintendent Interlocal Agreement Regarding School Crossing Guards: City of Beaumont & Beaumont IS Page 3 of 3 PUBLIC HEARING Receive comments on the proposed Reinvestment Zone Tax Abatement Policy for the City of Beaumont August 25, 2020 Consider a resolution adopting the Reinvestment Zone Tax Abatement Policy for the City of Beaumont BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager L/- 13 (3 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: August 25, 2020 REQUESTED ACTION: Council conduct a public hearing and consider a resolution adopting the Reinvestment Zone Tax Abatement Policy for the City of Beaumont. BACKGROUND The City of Beaumont utilizes a variety of economic development tools in order to encourage development of a certain type, scale or location within the city and within its extraterritorial jurisdiction. Each project is evaluated on a case -by -case basis. Once such tool is a Reinvestment Zone Tax Abatement Policy as allowed under Chapter 312 of the Texas Tax Code. In order to offer such abatements under Chapter 312, the City must periodically re -adopt its abatement policy. The Reinvestment Zone Tax Abatement Policy remains unchanged from the last adoption in 2016. However, changes to Chapter 312 by the State Legislature during the last session, now require that a public hearing be held for the adoption of the policy. FUNDING SOURCE Not applicable. RECOMMENDATION Conduct a public hearing and approve the resolution. RESOLUTION NO. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby adopts the City of Beaumont's Reinvestment Zone Tax Abatement Policy attached hereto as Exhibit "A." The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, 2020. - Mayor Becky Ames - CITY OF BEAUMONT REINVESTMENT ZONE TAX ABATEMENT POLICY PHILOSOPHY Tax abatement is an economic development strategy to mitigate the substantial costs usually associated with the construction of a new or expansion of an existing facility that enhances the economic and/or social base of the community. Because property tax revenue is the means to provide vital community services, it is the position of City of Beaumont that tax abatement be utilized sparingly, and only after careful consideration of the economic impact on the community. Nothing herein shall imply or warrant that the City of Beaumont is under any obligation to provide tax abatement to any applicant. ELIGIBILITY This policy document provides criteria for eligibility and policy implementation as adopted by the City Council of the City of Beaumont, in accordance with Texas Tax Code, Chapter 312, otherwise known as the Property Redevelopment and Tax Abatement Act (Act), governing property tax abatement agreements within Reinvestment Zones. All applications will be considered on a case -by -case basis. The following types of enterprises are eligible to apply for tax abatement. Industrial/Manufacturing - activities such as engaging in the mechanical or chemical transformation of materials or substances into new products; assembling component parts of manufactured products, if the new product is neither a structure nor other fixed improvement; and blending of materials, such as lubricating oils, plastic toxins or liquors. Other eligible activities include specialty resins and polymers, pharmaceuticals, medical devices and specialty foods. Distribution - activities described as the wholesale distribution of durable and/or nondurable goods, such as motor vehicles, furniture, lumber and other construction materials, professional and commercial equipment, electrical goods, hardware and plumbing and heating equipment, paper and paper products, apparel and groceries. Central administrative office services - examples include performing management, support services or telecommunication functions for related entities. Properties subject to a Texas Commission on Environmental Quality (TCEQ) Voluntary Cleanup Program Agreement. Eligible property for which abatement may be granted includes non-residential real property and/or tangible personal property located on the real property other than that personal property EXHIBIT "A" that was located on the real property at any time before the abatement agreement is executed. Abatement of taxes shall be the value of real or personal property located on the property for each year of the Tax Abatement Agreement only to the extent that the value for the year exceeds the value for the year in which the agreement was executed. Excluded from eligible personal property are inventory or supplies. Personal property with a useful life of less than ten years is also not eligible for tax abatement. A. The City of Beaumont herein ("Governmental Entity") adopts these guidelines and criteria for tax abatement ("Policy") for real property owners who propose a project ("Project") to develop, redevelop and improve taxable qualifying real property ("Real Property"). The Governmental Entity is willing to provide a subsidy to a Real Property Owner in the form of a special exemption from certain taxes provided the Real Property Owner agrees to accept and abide by this Policy. If the Real Property owner leases said property to a third party, the Governmental Entity may require assurances that the conditions outlined in this policy for the Real Property Owner will be met. B. The abatement of ad valorem taxes on Real Property Improvements and Eligible Personal Property will be evaluated and determined according to the following formula and will be subject to the remaining terms of this policy. NUMBER OF NEW PERCENT OF CREATED CAPITAL COST OF FULL-TIME JOBS VALUE TO BE ABATED THE PROJECT (OR) TO BE CREATED $ 0 - $ 500,000 Not Applicable 100% for 2 yrs. after project completion $ 500,001 - $2,000,000 20-30 100% for 3 years $2,000,001 - $3,500,000 31-40 100% for 4 years $3,500,001 - $5,000,000 41-50 Individual Case Basis $5,000,001 or more 51 or more A full-time equivalent employment position is one that provides at least 2,080 hours annually within the City's taxing jurisdiction. The number of full-time equivalent employment positions is determined by adding the total number of hours worked and/or actual paid leave (such as vacation, sick leave, jury duty) of all employees, less overtime hours, and dividing that sum by 2,080. All existing jobs as well as those created must be maintained throughout the term of a tax abatement agreement. C. With respect to a Project with a minimum investment of $5,000,001, each tax abatement request will be individually reviewed by the Governmental Entity and approved or declined based on the merits of the application. The percentage of taxes abated is one hundred percent abatement until Project Completion, not to exceed the first and second Tax Year. The percentage of taxes abated for the first through fifth Tax Years next following Project Completion shall be that percentage of abatement granted by the Governmental Entity at the time of the application. The City Council may extend the abatement period longer than the periods stated above if warranted based on an analysis of the direct economic impact. 2 The period of time that the taxes are abated will be referred to as the "Abatement Period". The "first Tax Year" is defined as the first full calendar year next following the commencement of construction of the Project. PROPERTIES SUBJECT TO VOLUNTARY CLEANUP AGREEMENT Tax abatement may apply to properties that are subject to a Voluntary Cleanup Program Agreement as executed with the Texas Commission on Environmental Quality (TCEQ) in accordance with §361.601 et. seq. of the Health and Safety Code for the cleanup or removal of a hazardous substance or contaminant from the environment, as follows: Capital Expenditure Minimum of $250,000 Abatement Years 100% 1 75% 2 50% 3 25% 4 Tax abatement for such properties shall not exceed four years and will take effect on January 1 of the year following the date the property owner receives a certificate of completion for the property. The City of Beaumont may cancel or modify the agreement if it determines that the use of the land is changed from the use specified in the certificate of completion, and the new use may result in an increased risk to human health or the environment. D. Prior to beginning the actual construction work or buying personal property for the Project proposed for tax abatement, the Real Property Owner requesting tax abatement within a lawfully created reinvestment zone must: (1) Provide the Governmental Entity with (a) a description of the Project clearly defining and delineating the work to perform; (b) a statement agreeing to expend a designated amount ("Project Cost") for the Project and, if the abatement is based on Required Jobs, a separate statement agreeing that the required minimum number of full-time jobs will be created ("Required Jobs") and maintained during the term of the Contract; (c) an explanation as to how the Project will provide long term significant positive economic benefit to the community, the. Governmental Entity and its taxpayers; (d) information as to what attempt will be made to utilize Jefferson County contractors and workers; and (e) information as to what attempt will be made to utilize Jefferson County minority contractors and workers. (2) Furnish the Governmental Entity with a written statement that tax abatement will be a significant factor in determining whether the Project for the development, redevelopment or improvement of the Real Property will take place. (3) Agree to execute a Contract with the Governmental Entity containing the covenants and conditions required by the Governmental Entity. E. Should the Governmental Entity agree to grant an abatement to the Real Property Owner after compliance with the procedure outlined above, then: (1) Subject to the terms and conditions of the contract, a stipulated percentage as set forth above of those particular ad valorem real property taxes ("Taxes") which are generated by virtue of fair market value created ("Created Value") solely due to the construction and completion of the Project on the real Property will be abated. (2) The Period of Construction ("Construction Period") for the Project shall not go beyond the end of the second Tax Year. During the Construction Period the Real Property Owner must actually expend the Project Cost. (3) Within six months next following the end of the Construction Period, the Project must be operational; i.e., it must actively serve the purpose for which it is designed. (4) In the event the Project is either: (a) Not complete at the Minimum Cost by the end of the Construction Period; or (b) Is timely completed at the Minimum Cost but is not operational within six months next following the end of the Construction Period; or (c) Is timely completed but the Required Jobs are not created or maintained as set forth in paragraph (B); or (d) Is timely completed at the Minimum Cost, is operational within six months next following the end of the Construction Period and, if applicable, meets the job requirements, but its operations are discontinued for a continuous period of six months, then the Contract shall terminate with respect to the Project and so shall the abatement of Taxes for the Created Value of the Project. The Taxes otherwise abated with respect to the Project shall be paid to the Governmental Entity on the date specified by law, or, if such date has passed, then within sixty (60) days of the accelerated termination of the Abatement Period. (5) Employees and/or designated representatives of the Governmental Entity will have access to the Project during the term of the contract for inspection purposes so as to determine if the terms and conditions of the Contract are being met. All inspections will be made only after the giving of twenty-four (24) hours prior notice and will only be conducted in such a manner as to not unreasonably interfere with the construction and/or operation of the Project. All inspections will be made with one or more representatives of the Real Property Owner, and in accordance with its safety standards. (6) In the event that (a) The Real Property Owner allow its ad valorem taxes owed the Governmental Entity to become delinquent and fails to timely and properly follow the legal procedures for their protest and/or contest; or (b) the Real Property Owner violates any of the terms and conditions of the Contract, and fails to cure during the Cure Period (as hereafter provided), then the Contract may be terminated by the Governmental Entity, and all taxes otherwise abated by virtue of the Contract will be recaptured and paid to the Governmental Entity by the Real Property Owner within sixty (60) days of the termination. (7) The term "Base Year Value" as used herein is the market value of all realty improvements of the Real Property Owner located within the taxing entity as of January 1 of the year a contract is executed less the abated value of all projects granted the Real Property Owner by the taxing entity for the "Base Year". The term "Taxable Value" is determined by deducting the amount of any abatements granted for that Tax Year from the appraised market value of all realty improvements of the Real Property Owner located within that taxing entity. If on January lst of any Tax Year all of the legally determined realty improvements owned by the Real Property Owner within the jurisdiction of the Governmental Entity is less than the legally determined Base Year Value and/or in the event that the Real Property Owner reduces their ad valorem taxes on personal property otherwise payable to the Governmental Entity by participating in a foreign trade zone or by having otherwise taxable property exempted pursuant to special legislation, e.g., the "Freeport Amendment" ("Special Treatment"), then the abatement otherwise available shall be reduced by one dollar for each dollar that the taxable value is less than the Base Year Value and, also, for each dollar of tax reduction attributable to Special Treatment; provided, however, that in no event shall the offset exceed the Created Value of the Project otherwise subject to the abatement of taxes. (8) Notwithstanding any other provision herein to the contrary in the event that the Governmental Entity adopting this Policy is required to adopt a tax rate which would subject the Entity to a tax rollback election under Section 26.07 of the Property Tax Code, and this increase is caused by requirements set forth by the State; mandated by the judiciary; expenses required to repair, rebuild or rehabilitate improvements which are damaged or destroyed; or due to a significant decline in value of a major industrial complex located in the jurisdiction of the Entity, then the Entity may allocate the taxable value necessary to reduce the actual rate below the rollback rate to the Owners of abated property based on the Owner's prorate share of the total abated value for the current tax year. (9) Should the Governmental Entity determine that the Real Property Owner is in default in the terms and conditions of the Contract, then the Governmental Entity will notify the Real Property Owner at the address stated in the Contract of such claimed default, and if such is not cured within sixty (60) days from the date of such notice ("Cure Period"), the Contract may be terminated by the Governmental Entity. Any notice of default shall be in writing and shall be given by personal delivery or by certified mail, return receipt requested. In the event the notice is affected by personal delivery, the date and hour of actual delivery shall be the time and date of such notice to the Business. Absent a postal strike or the stoppage of the mails, in the event of delivery of notice by registered or certified United States mail, the date and hour following 48 hours after the date and hour at which the sealed envelope containing the notice is deposited in the United States mail, properly addressed, and with postage prepaid, shall be the time and date of such notice to Real Property Owner. F. The Governmental Entity adopting this Policy shall have the final decision with respect to its interpretation and, also, as to whether the minimum standards set forth above have been met by the Real Property Owner. G. This Policy shall terminate on the second anniversary from the date of its adoption by the Governmental Entity. APPLICATION For additional information on tax abatement, contact the Planning & Community Development Department at (409) 880-3100. In determining how and with whom tax abatement will be utilized, the City will examine the potential return on the public's investment, including net jobs created, jobs retained, broadening of the tax base, expansion of the economic base and competitive impact upon existing industries and businesses. Approval is contingent upon final consideration and action by the Beaumont City Council. To the extent permitted by law, information provided by an applicant in connection with a request for tax abatement is confidential and not subject to public disclosure until the tax abatement agreement is executed. Application for Tax Abatement City of Beaumont This application will become part of the Tax Abatement Agreements and any knowingly false representations will be grounds for the voiding of the agreement. An original copy of this request should be submitted to the Community Development Department, City of Beaumont P. O. Box 3827 Beaumont, Texas 77704. Part I — Applicant Information Company Name: Address: Telephone: Current Number of Employees: Annual Sales: Employees in Taxing Jurisdiction: Beaumont Address: Years in Jefferson County: Legal Counsel: Address: Telephone: Corporation Application Date Partnership Proprietorship Has the Applicant Company recently been cited or currently under investigation for any violations of Federal, State, and/or City laws, codes, or ordinances? ( ) No ( ) Yes If yes, please provide detailed information on the nature and status of the violation(s) on a separate sheet of paper. Is any interest in the project presently held by a member of the Beaumont City Council, Planning and Zoning Commission, or any City employee? ( ) No ( ) Yes Attach a description of the Applicant Company, including a brief history, corporate structure, and business plan and annual statement, if available. Part H — Project Information Location Address: Legal Description: Tax Acct. Numbers: Attach statement fully explainingproject, describe existing site and improvements, describe allproposed improvements and provide list of improvements and equipment for which abatement is requested. If available, provide a map showing location of existing and proposed improvements. Section A — Economic Development Type of Facility/abatement: Industrial Manufacturing Brown fields site Describe product or service to be provided: Part III — Economic Information Construction Estimate: Contractor: Start Date: Completion Date: Central Administrative office services Distribution Other Contract Amount: Peak Construction Jobs: If Modernization: Estimated current economic life of structure years Added economic life from modernization years Permanent Job Creation/Retention: Current employment Jobs to be Retained: Full-time jobs created at opening 20 at 3 years 20 (A full-time equivalent position is one that provides at least 2,080 hours annually within the City's taxing jurisdiction.) Provide information, if available, on (1) new employee needs; e. g. skilled vs. non -skilled, level of education, experience, etc.; (2) any training the company will provide to its new employees; (3) attach a list of new jobs to be created by job class with associated wage and salary ranges. Also, provide an average wage for hourly jobs and an average salary for management jobs; (4) attach a list of benefits provided to employees. Indicate if employees'dependents have access to the company's health plan; (5) attach a list describing the type of incentive and/or assistance you will be requesting from other City departments and/or utility companies; (6) describe any goodwill benefits your company will provide to the community. PERSONAL PROPERTY ESTIMATED APPRAISED VALUE ON SITE LAND IMPROVEMENTS (FURNITURE FIXTURES AND EQUIPMENT Value on January 1 proceeding abatement Estimated value of new abatable investment Estimated value of properties not subject to abatement i. e. inventory, supplies) Estimated value of property subject to ad valorem tax at end of abatement * Please state the method used to determine the estimated value of proposed improvements (i. e. appraisal of plans and specs, etc.) (1) Provide the Governmental Entity with (a) a statement agreeing to expend a designated amount ("Project Cost") for the Project and, if the abatement is based on Required Jobs, a separate statement agreeing that the required minimum number of full-time jobs will be created ("Required Jobs") and maintained during the term of the Contract; (b) an explanation as to how the Project will provide a long term significant positive economic benefit to the community, the Governmental Entity and its taxpayers; (c) information as to what attempt will be made to utilize Beaumont contractors and workers; and (d) information as to what attempt will be made to utilize Beaumont or Jefferson County contractors and workers; and (e) information as to what attempt will be made to utilize Beaumont or Jefferson County minority contractors and workers. (2) Furnish the Governmental Entity with a written statement that tax abatement will be a significant factor in determining whether the Project for the development, redevelopment or improvement of the Real Property will take place. (3) Agree to execute a Contract with the Government Entity containing the covenants and conditions required by the Governmental Entity. Company Representative to be Contacted: Authorized Company Official: Name: Title: Authorized Signature Name and Title Address: Telephone: PUBLIC HEARING Receive comments on an Ordinance finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Henry C. and Elizabeth Pressler at 1801 North Street; property owned by Gilberto Valdez at 1230 Chamberlin and property owned by Miriam Morgan c/o Habitat for Humanity at 3035 West Lucas r� August 25, 2020 Consider approving an Ordinance finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Henry C. and Elizabeth Pressler at 1801 North Street; property owned by Gilberto Valdez at 1230 Chamberlin and property owned by Miriam Morgan c/o Habitat for Humanity at 3035 West Lucas BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: August 25, 2020 REQUESTED ACTION: Hold a public hearing and consider an ordinance finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Henry C. and Elizabeth Pressler at 1801 North Street; property.owned by Gilberto Valdez at 1230 Chamberlin and property owned by Miriam Morgan c/o Habitat for Humanity at 3035 West Lucas. BACKGROUND According to Beaumont's Code of Ordinances, Chapter 10 Health and Sanitation, Sec 10.01.001. a nuisance is defined as whatever is dangerous to human life or welfare or whatever renders the ground, the water, the air or food a hazard or injury to human health. The City's Code of Ordinances further states in Chapter 12 Offenses & Nuisances, Section 12.07.033, that a person who owns or occupies property commits an offense if that person allows litter to accumulate on that person's property. The Legal descriptions and violations of these properties are: 1)1801 North MC FADDIN 2 L12 N75' & .L11 E25 OF N75' BLK 22 Rodent Harborage Chapter 10 Health & Sanitation, Article 10.04, Section 10.04.001 & Section 10.04.003 Excessive Litter Chapter 12 Offenses & Nuisances, Article 12.07, Section 12.07.002 Weeds Chapter 10 Health & Sanitation, Article 10.06, Sec 10.06.001 2)1230 Chamberlin CALDWOOD ACRES L78-D B6 Rodent Harborage Chapter 10 Health & Sanitation, Article 10.04, Section 10.04.001 & Section 10.04.003 Excessive Litter Chapter 12 Offenses & Nuisances, Article 12.07, Section 12.07.002 No access to approved sewage Chapter 10 Health & Sanitation, Article 10.05, Section 10.05.005 3) 3035 West Lucas CALDER HIGHLANDS L4-5 B33 Rodent Harborage Chapter 10 Health & Sanitation, Article 10.04, Section 10.04.001 & Section 10.04.003 Excessive Litter Chapter 12 Offenses & Nuisances, Article 12.07, Section 12.07.002 If the property owners fail to comply within ten (10) days, staff is requesting the authorization of City Council to clean the property and/or authorize the City Attorney to seek legal action to have the nuisances abated. FUNDING SOURCE General Fund — Public Health. RECOMMENDATION Approval of the ordinance. 1801 North St VIOLATIONS: Excessive Litter Rodent Harborage Violation of Weed Ordinance No Text No Text 41. v., R t�4 1A, IV, -,-a balir t 47V eb 24, 2020 at 2:09:01 PM WW Or ulk ]POW ol ip Yl on Feb 24, 2020 at 2:09:02 PM Imo.79 �111� ic Ax 2rz- it Awl - t ��!. `• S�'�,� r i ,- � r ` � "�•- � : !' " :'� � "�', �-. _ • S r F �:�r' T+:,�"t'•,�f:r � .'t • 'stir �� C:'ti' -, . .. /� •t'. •` � t `Q,.- : ►� ",. G. \ t i ..jr -t . ' :err• ,�•. _••- 1'iht���' YL /s •t� �•�t.�•��,�y'K�� f�•..{ 2�1��%..y,, �!' .fir �l�•'�{i.t' ? -�.i1y"►.1 y.}��,- 1� _ .��.w! i. �aa•�-�, �•")..:`��:L'� '�- •+}• Y:.. _ r�•�R�i•.lf.t�il- + � .�; r •t.. •:� � .4��.+%� '�t.r � •.�:i:+`�" �� K�,t= '�f..i . �.• '\ t.{, � � - , • _ - ;.: �!_• L'' � . � 't ,, T` � ': j '� , Jr•4 . "�: � � r�" `�"�`��. t• �•yr•zJ•� � ,M�- � � ems? 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ENTITLED AN ORDINANCE FINDING CERTAIN PROPERTIES TO BE A PUBLIC HEALTH NUISANCE AND ORDERING ABATEMENT; AUTHORIZING CLEANUP; AUTHORIZING SUIT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Ccr+inn 1 That the City Council of the City of Beaumont hereby finds and declares the properties located at: #1) 1801 North, McFaddin MC FADDIN 2 L12 N75' & L11 E25 OF N75' BLK 22 Owned by Henry C. and Elizabeth K. Pressler #2) 1230 Chamberlin CALDWOOD ACRES L78J-D B6 Owned by Gilberto Valdez #3) 3035 W. Lucas CALDER HIGHLANDS L4-5 B33 Owned by Miriam Morgan c/o Habitat for Humanity P.O. Box 3174 Beaumont, Texas 77704-3174 to be a public health nuisance in that said property is in violation of Chapter 10, Article 10.01, Section 10.01.001; Chapter 10, Article 10.04, Section 10.04.001 and Section 10.04.003; Chapter 10, Article 10.05, Section 10.05.005; Chapter 10, Article 10.06, Section 10.06.001; and, Chapter 12, Article 12.07, Section 12.07.002 of the Code of Ordinances of the City of Beaumont and is for want of retrieval and allowance of the accumulation of trash, litter, debris, weeds, and water in an unsafe and unsanitary condition so as to allow for the breeding and proliferation of infectious mosquitoes and rats, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Chapter 10, Articles 10.04, 10.05, and 10.06 and Chapter 12, Article 12.07 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner of the following described property cut weeds where necessary, retrieve and remove all litter, trash, or debris which may become the harborage for rats or any standing or stagnant water that may become the breeding place for mosquitoes within ten (10) days of the effective date of this ordinance. If the property owner fail(s) to comply within ten (10) days, Council orders that the property be cleaned at the owner's expense without further notification to the property owners or City Council action. A lien will be placed against the property as an assessment of expenses incurred for the work performed. Section 3. That the City Attorney is hereby authorized to file and prosecute a lawsuit against the owner to compel compliance with the City's Health and Safety Codes. RArfinn d That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day. of August, 2020. - Mayor Becky Ames WORK SESSION Review and discuss the proposed FY 2021 Budget