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09/08/2020 PACKET
BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, SEPTEMBER 8, 2020 1:30 PM CONSENT AGENDA * Approval of minutes — August 18, 2020 and August 31, 2020 * Confirmation of board and commission member appointments A) Authorize the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to T. Gray Utility Company B) Authorize the City Manager to execute an amendment to the Municipal Maintenance Agreement with the Texas Department of Transportation 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 D) Authorize the City Manager to execute all documents necessary to accept a traffic safety grant from the Texas Department of Transportation - E) Authorize the City Manager or his designee to execute a letter agreement with the Department of. Veterans Affairs F) Approve a resolution to reject all bids for the construction of restrooms near the Rotary Playground G) Authorize the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to LD Construction H) Authorize the City Manager to execute Change Order No. 1 to the contract with T. Construction, LLC of Houston A BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: September 8, 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 $1,25,000 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 -it 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 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 value to the City and should be accepted; NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: i THAT the statements and findings set out in the preamble to this resolution are hereby, i ! 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. Sao s� Mayor Becky Ames - y C11T OF BEAUMONT DATE: AvguA f, 2010 PROJECT: Sunilxr3 Stuct-Mmlhnlc 1160,ililntina Worh Order C'antntet. pintu 11 OWNER: CITY OFUEAUNIONT CONTRACTOR: T. Grip Ufiliq S Relnh C'n., LLC CHANGE ORDER: 1 THE FOUMMING CHANGES IN THE PIANS AND)ORSPECIFICATION.S ARE HEREBY MADE! Adjoslntcnl of cstio,awd,jumuilics mad calendar days in Ilk eonlnd to TCHm1 tW ncanl yumttilics used in the caupletion ul'Ifle pnj"t. wanlr��ca„rn.ca,I,carranua,.n��,mx,�:1„m�r•.,�,�.„•� ITEM ITEM DESCRIPTION UNIT 1111) QVA\1•ITV CHANGE IN U.NITPIUCE CIIANGEORDERAMOUNT NO. CODE QUANTITY DELETE 2 51)2 13mrimdcs. Signamd Traffic l fandiog EACH ID -7.01 S 243.75 S (1.7116.23) 3 2555 AJj,isURcsel\Imdrolc oilh Nnt Franmmld Cote, Up to Onc Foolin Paid Areas EACH .III -J7.tM1 5 1197.1111 S (31IS'1.1111) d 2555 AdjnsVResel\IanlalcnitLEcislilly Frasncnlx)C-oser UpnOnc Fadin Pased Areas EACI1 dd -313MI $ 7116.33 S (14.133.73) 5 2555 AdjuslrRcsct Mmnitolc uith Nm% Frame mid CotcrUp to One Foot in Unpaid Alcas EACH 11111 -ii,nU S f J3.31 5 (Jd 1fiJ.1R) G 2555 AdjusVRescIM.1o1cuid,Esisling Fnntcmtd Cotcr Up to One Foot in Unpaml Arco EACH UI -II0.110 S 477.73 S (57552.511) 7 2555 AdjustlMdManlrolc. Ecross Ot cr One Foot Per(klails 11.57 mil 11-5-1 VF Ill) -1!%8 S 437.5n S (311121.311 3 2555 ROmbilimtioa ammdmle h) I,, Thick Carcrale Boer Appntd\IN baign(Including D-11 M-k) VF 120I -7SIM S 1311.33 S 11411.11,14.231 9 2555 Mmtholc luw% EACH 1011 -56.I41 S 243.75 S (13,15511,tm) In 2555 Fnnw to Mauflok&.l CSCH 211 -2110) S 417.511 S e).7511on) II 2555 Rchahilimlionuf\Imdtolc lkneh"and lnteris(ath uhcn construed uilfloul call lining) CSC" 511 -37.1111 S 315,11U S (21.645.1111) All -mice - Uurors —, Work as Direelal hS the O,%m-rs ALLOW 1 -0.9E3333 S 3U.tummnl S (P1.e1u-i TOTAL AMOUNT OF7111S CIIANGE ORDER S (Jd7,611G.a7) CONMRACTT TIE Original Cullum Tiox: :Additional Thnc uuku RFI No. I REVISED CONTRACT TIME ORIGINAL CONTR ACTA\IOUNT: NET FROM PREVIOUS CHANGE ORDERS: TOTAI. A\IOUNT OFTIIIS CIIANGE ORDF.I( : PF.RCE,NT O FTIIIS CIIANGE ORDER : TOTAL PERCENT CIIA NGE OR DER$(1'0 DATE: NEW CONTRACTAMOUYr: Nlt't)\I\II�NI )I�)1 rV'I'N11W'D DY EYI I:ILAI'1_5. CII1' MA,VAUI: i UA'1 H 363 calendar dy s 21lcalcndardats JIIS calendar dais S fiIS,S8S.1111 S S 1443,606.47) -72.D6% -72.116 S 171.97:1„53 IYtI 1511t1d)115-J/ Z 'am. CEI'r 'AI' I IIESI 'ISM \L,N, N I.M. V Itl!CU\k\IF?H)I•M ItY � � � II t'ILUltLS 3' UH P 1'Vlll.11' H'UIIKS P.CII. A2117'1 tri maM.C11iysdiVII'1:5 ,\'I'11ti11:U 115' 11NA 1124M \u51U). CH C7 rul, IkAll: CITY OF BEAUMONT, TX SANITARY SEWER MANHOLE REHABILITATION WORK ORDER CONTRACT —PHASE 11 BID NO. WU0718-17 PROGRESS PAYMENT No. 8 & FINAL CONTRACTTIME BEGAN. 11/2712018 CALENDAR DAYS ALLOWED: 385 CALENDAR DAYS USED: 386 CALENDAR DAYS OVER: 0 TOTALS NET CHANGE a CHANGE ORDER :onttactofs Cerffration ie undersigned Contractor certifies that to the best of its knowledge: ' (1) all p1sH= progrew Purnarb reCElVed from Comer on aamuntofWorkdone uxier fie Catttact have been applied on aam u t10 &.dnge CaftcWslegffirriale ffgabons marred in wrneelimwilh Workcavered bypnor Progress Payment Q Me cf al Wank materials and ew ntent incapeatei in said Workurolt erwise IstednorcouetedtyftFrogressP4mantw3passtoOHmer attimeofpayment See and dearofall Liam sem* hiere= and ermnbartces (ezc eptsudt as are cauered by a Bond =Eptab)e to Owner)ndesnndying Owner again anysuch Liens, seaady ingest or enourrbmces): and (3) e1 WakcoveredtyffliS Pmaress Parrot isha=rdance With the Contract j Dommerdsand isrtotdeLcdm SM712020 PROGRESS DATE ORIGINAL CONTRACT AMOUNT S 615.585.00 CONTRACT AMOUNT INCLUDINGCHANGE ORDERS S 615.585.00 TOTAL AMOUNT OF WORK PERFORMED TO DATE S 171.978.53 LESS_ RETAINAGE 5% S 0.00 PREVIOUS PAYMENTS $ 163,379.61 TOTAL DEDUCTIONS S 0.00 - MO NT DUE CONTRA O 8,, _58 9 Payment of `� N ` �• -(Z S; is approved by. (owner) CITY OF-BEAUMONT Payment of.' $ _ is approved by. CITY OF BEAUMOt� .'o�a�4o Percent Complete 28% r/o AZvao (Date) (Date) CITY OF BEAUMONT, TEXAS SANITARY SEWER MANHOLE REHABILITATION WORK ORDER CONTRACT - PHASE 11, BID NO. WU0718-17 PON04052019 Pay Estimate 1,8 & FINAL 01-May-20 To ai-m-,)n ITEM NO. DESCRIPTION CONTRACT ITEMS PREVIOUS �l TOTAL TO DATE QTY. UNIT UNIT PRICE FACTOR CONTRACT PRICE AMOUNT COMP I AMOUNT COMP AMOUNT COMP I AMOUNT GENERAL ITEMS 1. Mobalizatlon. Sondin . Insurance 1 LS S 30,000.00 0.975 5 29.250.00 S 29.250.00 1 5 29,250.00 0 � 1 3 S 29.250.00 S 731.25 S 2. Barricades, Signs and Traffic Handlinq 10 EA S 250.00 0.975 S 243.75 S 2.437.50 3 S 731.25 3. Adjust/Reset Manhole with New Frame and Cover Up to One Foot In Paved Areas 40 EA S 920.00 0.975 S 897.00 S 35.680.00 3 S 2.891.00 wo 3 S 2.691.00 4. Adjust/Reset Manhole with Existing Frame and lCover Up to One Foot In Paved Areas 40 FA S 726.00 0.975 S706.8751 S 28.275.00 6 S 4.241.25 0 6 IS 4,241.25 5. Adjust/Reset Manhole with New Frame and Cover up to One Foot in Unpaved Areas 100 FA S 685.00 0.975 S648.375 S 64.837.50 47 S 30,473.63. S 4.777.50- 47 S 30.473.63 6. AdjustlReset Manhole with Existing Frame and Cover Up to One Foot in Unpaved Areas 120 FA S 490.00 0.975 S477.750 S 57.330.00 10 0 10 S 4.rT'i,50 S 7. Adjust/Reset Manhole. Excess Over One Foot Per Details H57 and H-56 180 VF S 500.00 0.975 S487,500 S 87.750.00 11.75 S 5.728.13 11 75 S 5.728.13 0 S 8. Rehabilitation of Manhole by 1' Thick Concrete I Liner Approved Mix Design (InciudingBench) 1.200 .VF S 185.00 1 0.975 S180.375 S 21SA50.00 418.05 S 75405,77 0 Is 0 rsm 418.05 44 S 75.405.77 S 10.725.00 9. Manhole Inserts 100 EA S 250.00 0.975 S243.750 S 24.375.00 44 S 10.725.00 10. Frame to Manhole Seal 20 EA S 500.00 0.975 S487.500 S 9.750.00 0 S 0 0 S 11. Rehabilitation of Manhole Benches and Inverts (only when conMcted without wall fining) 50 EA S 600.00 0.975 S585.000 S 29.250.00 13 S 7.605.00 0 S 13 0 0.011667 S 7,605.00 S 350.01 Sup. 1 Unforeseen Works as Directed by the Owners I 1 Allow S 30.000.00 1 1.000 S30,000.000 S 30.000.00 0.011657 S 350.01 mw Base Bid S 585,585.00 Supplemental S 30;OO1),00; Total Bid S 615,585.00 Total IS 171.978.53, S 8.598:93 154 Total S 171.978.53 Retainaqe Retain-a� f5 Retsina e 15�. Total IS S 8.598.93 Total S 163,379.60 163.379.60 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 II 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 8th day of September, 2020. - Mayor Becky Ames - F� BEAUMONT TO: City Council FROM: Kyle Hayes, City. Manager PREPARED BY: Jimmy Neale, Parks & Recreation Director MEETING DATE: September 8, 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 8th day of September, 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 for 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 mowingor 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 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 per -formed by employees of the City, the City shall show -proof of self-insurance.- If mowing and/or litter clean-up is performed by a contractor(s) 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 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. By: Approved: City Manager Date: By: Donald L. Smith, PE District Engineer Beaumont District, Texas Department of Transportation Attested By: Date: City Clerk -3- 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 $1199283.36. o 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) . 2n.d.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) 4"' Quarter -'June, July, August services performed are invoiced on August 31 Ep BEAUMONT TEXAS. TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: September 8, 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 fora -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, 2020; 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 8th day of September, 2020. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James Singletary, Chief of Police MEETING DATE: September 8, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary to accept a traffic safety grant from the Texas Department of Transportation. BACKGROUND In January 1.999, the City Council passed a resolution authorizing the City to apply for matching funds for traffic safety "Safe and Sober S.T.E.P." grant project. The Police Department has successfully applied for and the City Council approved several traffic safety grants since that time. This grant application will provide funding for a single step grant program which occurs between October 1, 2020 and September 30, 2021 and would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes, which often result in loss of life or personal injury. The grant would be in an amount not to exceed $99,250.00 from the Texas Department of Transportation with a City "match" funding of $28,558.20 as our portion of the costs for the project titled "Step Comprehensive Fiscal Year 2021." FUNDING SOURCE City would receive_ grant funding in an amount not to exceed $99,250.00 with,a city contribution of $28,558.20. RECOMMENDATION Approval of the resolution. City of Beaumont Police Department STEP Comprehensive 2021 FOR REVIEW ONLY - NOT A LEGAL DOCUMENT TEXAS TRAFFI.C.-SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY -OF TRAMS. THIS AOREEfdENT IS MADE BY and betweertthe.8tate of Texas, acting by and through the Texas Ue rt bf of Tra�hspdrtdti lied ih Dep' rt�. . pa. me .. . . 'on, h&eirtaft0tca. . - . e a . efit-�.ndfhb� City..Of Beaumont hereinafter called'the Su'bgraintee,,and becomes effectiveethein fully executed by bqth.partibs. Forth.e purpose ofthis agreembrit. the..Subgrantee.is -designated as-a(n) Local Government/tringii blistfldt'. AUTHORITY. Texas Transportation .Code,, Chapter 723, the Traffit Safety Actof 1967, and the HiohWa'y. 8afdty Pbrfbi-irnande..' Plan for the Fiscal Year 2021 Name of the Federal Agency. National Highway Traffic Safety Administration CFQA Number 20.600 CF1)ATitle- State and Community Hi0waV.Safety Grant Program* Funding Source-- Section 402 DUNS_ 073901118 FAIN: IBX9204020TX21 69A37621300004026TX0 Project Title- STEP Gom0r0'hehs1V6 -this project is Not Research an-d'Deveippment. Grant Period -This Gtant-becoi-nes effective.an 11010112-020 Or on the -date of final signature of both parties, whichever is later, and ends on 0913012021 unless terminated or otherwise modified. Total Awarded- $127,908-.2.0 Arniount-Eligible f& Rdflm_b&sement by the Dq'paft- ertt-.$99j250.00 Match-AIT)OUnt provided by the Subgrantee: $20,568.20 2021 -Beaumont-S-1 YG-001 10 Printed On: 8/19/2020 Page 1 of 30 Texas Traffic Safety eGrants Fiscal Year 2021 Organization Dame: City of Beaumont Police Department Legal name: City of Beaumont Payee Identification Number: 17460002789023 Project Title: STEP Comprehensive ID: 2021-Beaumont S-lYG-00110 Period: 10/0112020 to 09130/2021 RESOLUTION NO. WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to receive funding to assist in highway safety enforcement; and, WHEREAS, the City of Beaumont recognizes that the safety and security of the motoring public is of paramount importance to the City; and, WHEREAS, the City of Beaumont strives to enhance the safety of the motoring public; and, WHEREAS, grant funding through the Texas Department of Transportation would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes which often result in loss of life or personal injury; and, WHEREAS, traffic safety enforcement and encouragement of safe driving habits are a significant goal of the Beaumont Police Department; and, WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to participate in a Texas Traffic Safety Program and receive federal reimbursement grant funding in an amount not to exceed Ninety -Nine Thousand Two Hundred Fifty and 00/100 Dollars ($99,250.00) pursuant to the project titled "STEP Comprehensive Fiscal Year 2021" for occupant protection enforcement, reduction of alcohol and drug related driving incidents, speeding enforcement, and speeding related crashes; and, WHEREAS, the City of Beaumont has agreed to contribute Twenty -Eight Thousand Five Hundred Fifty -Eight and 20/100 Dollars ($28,558.20) as its portion of the costs for the project titled "STEP Comprehensive Fiscal Year 2010" which is for the period of October 1, 2020 to September 30, 2021; 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 of the City of Beaumont be, and he is hereby, authorized to execute all documents necessary to apply for and receive funding for the project "STEP Comprehensive Fiscal Year 2021" and take such action as necessary to implement the project which occurs between October 1, 2020 to September 30, 2021; and, BE IT FURTHER RESOLVED THAT the City Manager is authorized to accept and disburse the federal reimbursement grant funding in an amount not to exceed Ninety - Nine Thousand Two Hundred Fifty and 00/100 Dollars ($99,250.00) and take such other actions and execute such documents as may be necessary and appropriate to implement the purpose and objectives of the "STEP Comprehensive Fiscal Year 2021" project recognizing the City's contribution match of Twenty -Eight Thousand Five Hundred Fifty - Eight and 20/100 Dollars ($28,558.20). 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 8th day of September, 2020. - Mayor Becky Ames — E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager - PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: September 8, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his designee to execute a letter agreement with the Department of Veterans Affairs. BACKGROUND The Department of Veterans Affairs currently owns Beaumont Outpatient Clinic in our jurisdiction. Even though the Veteran Affair's police officers are highly trained, there may be situations that require assistance from our department. Executing the letter agreement would continue the working relationship between our departments. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute a Letter Agreement between the City of Beaumont and Department of Veterans Affairs to grant the Beaumont Police Department full rights to exercise law enforcement functions, if needed, at Beaumont Outpatient Center located at 3420 Veterans Circle, Beaumont, Texas. Said Letter 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 8th day of September, 2020. - Mayor Becky Ames - DEPARTMENT OF VETERANS AFFAIRS Michael E. DeBakey Veterans Affairs Medical Center 2002 Holcombe Blvd.: Houston, Texas 77030 August 4, 2020 Chief James P. Singletary Beaumont Police Department 255 College - P.O. Box 3827 Beaumont, Texas 77704 Dear Chief Singletary: In reply refer to: 07B The Department of Veterans Affairs requires VA Police to maintain, current written support agreements with all local law enforcement agencies. All. properties under the control orownership of the Department of. Veterans Affairs, 342.0 Veterans Circle, Beaumont, Texas 77707 are under concurrent jurisdiction. This jurisdiction grants.Beaumont Police Department and other.Law Enforcement agencies .full rights to exercise law enforcement fiinctions at Beaumont Outpatient Clinic.- - For clarity it is imperative that we enter into a memorandum: of understanding outlining - agency -responsibilities and expectations. Our VA Police Officers are highly trained, experienced and require minimal need for other Law Enforcement agencies intervention; however, we may still encounter certain situations that would require your department's assistance. It is understood that the Beaumont Police Department is. the responding agency. for our.. Beaumont Outpatient Clinic. In an extreme emergency these needs would include; but may or may not be limited to, the following situations where your department's assistance would be required: a. Assist in responding to an armed hostage taking situations .that.would require, an armed response to assist VA Police Officers in containing the situation until appropriate federal agencies (such as the Federal Bureau of Investigation - FBI) can respond to assume control. . b. Assist confirming and executing the arrest of individuals who have outstanding warrants issued for their arrest by law enforcement agencies and subjects under federal warrants and other incidents warranting an individual -to -be. physically arrested.. EXHIBIT "A" c. Assist in the _transporting of arrested offenders to the Inmate Processing Center. VA Police would execute the detention, physical arrest of the subject and complete.all corresponding paperwork. d. Provide additional Officers when needed to. assist with -the physical arrest of a violent/disorderly person(s) who poses a serious threat to patients, visitors, medical staff or themselves. Should.any VA Police Officer be involved in a shooting, the FBI will be notified immediately. This agreement establishes inter -agency support for .the VA Police to -receive investigative assistance from Beaumont Police Department. This -assistance may range from establishing, preserving and controlling the crime scene, to performing as the lead investigative -agency. . If you should have any questions or concerns regarding -this matter or. any issue, please feel free to contact me at (713) 794-7455. We look forward to maintaining a close and professional working relationship with your department. Sincerely, 1 n R. Seals Ir'Y. Y Chief of Police I concur with this.agreement: Date: James Singletary F BE.AUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 8, 2020 REQUESTED ACTION: Council consider a resolution to reject all bids for the construction of restrooms near the Rotary Playground. BACKGROUND Bids were requested by the City to construct a restroom facility near the Rotary Playground and the Event Centre. Thirteen vendors were solicited and four responses were submitted. All bids were more than the estimated budget for this project. For this reason, staff recommends that all submitted bids be rej ected. Until a bid is awarded the bid tab is not made public. Publishing the bid tab prior to re -bid would give other vendors an unfair competitive advantage if this project is re -bid in the future, thus the bid tab is not included. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on August 20, 2020, four (4) bids were received for the construction of a restroom facility near the Rotary Playground and the Event Centre; and, WHEREAS, the Finance Department evaluated the four (4) bids and found that the bids was over the anticipated estimate; and, WHEREAS, it is the recommendation of City of Beaumont Finance Department Administration to reject the bids; and, WHEREAS, the City Council finds it is not in the best interest of the citizens of Beaumont to accept the bids for the construction of a restroom facility near the Rotary Playground and the Event Centre and that said bids should be rejected; 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 does hereby reject the bids received for the construction of a restroom facility near the Rotary Playground and the Event Centre. 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 8th day of September, 2020. - Mayor Becky Ames — G BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: September 8, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to LD Construction.' BACKGROUND On March _17, 2020,_ by Resolution No. 20-064, City Council awarded a contract to LD Construction_ of Beaumont, in the amount of $305,231.60, for the Griffing Road Asphalt Resurfacing (Major Drive to Old Voth Road) Project. Proposed Change Order No. 1, in the amount of ($117,328.27); is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project: Following the removal of the asphalt, surface it was determined that the existing conditions of the road base were in.a better condition than originally planned for, this allowed for' a reduction of base repairs and other items associated with improving the, road base layer. If approved; the adjustment in quantities would result in a final contract amount of $187,903.33. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order. . No. 1, maintenance, and final payment in the amount of $20,420.68 is recommended. FUNDING -SOURCE Department of Transportation Federal Highway Administration in the amount of $150,322.66 and the remaining $37,580.67 from the Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO.20-064 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Grilling Road Asphalt Resurfacing — Major Drive to Old Voth Road Project; and, WHEREAS, LD Construction, of Beaumont, Texas, submitted a complete bid meeting specifications in the amount of $305,231.60; and, WHEREAS, the City Council is of the opinion that the bid submitted by LD Construction, of Beaumont, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to LD Construction, of Beaumont, Texas, in the amount of $305,231.60, for the Griffing Road Asphalt Resurfacingj — Major Drive to Old Voth Road Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with LD Construction, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of March, 2020.. /Mayor Becky Ames CITY OF BEAUMONT DATE: Auwst31,2020 - PROJECT: . GRIFFINGROAD ASPHALT RESURFACING PROJECT . OWNER CITYOPBFAUISIONT CONTRACTOR: LDCONSIRUCTION - CHANGE ORDERNO.1 FINAL �, ". ;,: ss..«TBE�FOLLOW�G�.OSANGES",-DP.ISFFLBNS:AHD/O._ 86P_ECIFlCAT10H8:AREHEREBSYMADE: � �,Y'�uk:s_`..•'7 .. - AD quantities adjusted to cetkatfmal fieldmeasmemeats. R,,allo. a Description Unit Quantity QNew UnitPriee tow 100 6001 PREPARING ROW .- STA 32 32.40 S. "300.00 S m.00 344•' 6135. SUl'IIIPAVEM0.TURESSP-DSAC-APG76-222 SY "'7,497: 7,560.00 S 11.00 S -693.00 351 6001 REPAIROFRMaBTFPAVEMINI 8-ASB SY 1.125 -359 33 S 90.00 S 6891030 354 60% PLANE AS -PH CONCPAV I•TO3 SY 7.4971 7294.85 S 3.00 S W6.4 354 9999.` PLANE ACP I-TO3 STEER MOUNM EQUMMNn SY 658- 524.76 S 3.00 S 99.72) 530 6011 24TERSEClIONS.DRIVEWAYS AND TURNOUTS SRD - .SY 877 524.76 S 25.00 S $806.00 6M 6012 2A REFLPAVMTYI 4 ( 00MIL LF 146 120.00 S 330 Ist .80 666 6042 RFFLPAV`NMTYI 12 S[.D 100 MII. LF 84 7200 S 9.90 S 11$ 668 6126 RIFLPAVMMTYI 4 SLD 100MIL - LF 350 364.00 S 220 S 30.80 668 6999- PREFABPAVMRKTYB 18 EA 1 7 :- 5.00 -S 55.00 S I10.00 '7I3 6005. CLEANING AND SEALING JOINTS AND CRACKS CLASS IF 13.045 -0.00 S 3.00 S(39.135.00) TOTAL: S(I1733S.27) - 732 --:.WD:LBE�ADDED-TO;TJ3T3'CHAHGE�ORD..%� a -gin .ram `=fig k3:': • ORIGINALCONTRACTAMODNl: S 305,231.60 NFTFROMPREVIOUSCHANGEORDERS: S - TOTALAMOUNI'OFTHTSCHANGEORDER: S- (117.32827) - - ' PERCENT OFTHIS CHANGE ORDER: 38.44. TOTALPERCENI'CHANGE ORDER TODATE: -38.44Y.. ,NEWCONTRACTAMOUNT: - i S '187_M.33 . PREPARED .. J III l207-0 202,E T OYDODS N, WICONSTRUCTION DATE HAMMOND,ROADWAYDESIGNERII ATE WEDGY: By._ ldol� 1, a \� a►�'Ih1�L�.-ili 9�z /- MOLLYVfflwRRF�i F.E,CITY ENGINEER DATE DIBECI'OROFPIIBLIC DwTE WORKS & TECHNOLOGY SERVICES APPROVED BY: ATTESTED BY: - KYLE HAYFS, CITYMANAGER . - - - DATE TINA BROUSSARD, CITY CLERK CITY.OF BEAUMONT _--- _._.._,.�...._._-..�. ESTIMATE:�� - --- _ PROJECT: GRIFFINGROAD ASPHALT RESURFACING PROJECT AWARDED CONTRACT AMOUNT. $305,231.60' PERCENT OF:TIMEUSED:, 51.11%. CONTRACTOR : LID CONSTRUCTION CONTRACT DATE:! June 1, 2020. PERCENT OF WORK COMPLETED :. 100.001i MONTHLY ESTIMATED: 02 CURRENT CONTRACT AMOUNT' $187,903.33 _ PERIOD ENDING : 7 July 1, 2020 to July 31 2020 CONTRACT WORKING DAYS: 45 CHANGE ORDERS : CALENDAR DAYS USED: 23. `DESCRIPTION <; ... UNIT _ ...:.:EST .. " , . aPREV10US`: ,, 70'.DATE" ;TOTAL ESTIMATE: :MEASURE- . :.. iQTK ,,,,, •%~ESTIMATE;.%- ,ESTIMATE .,:>'1;T'ODATE �.; , -:;.,stPRICE , ... ..•. �AMOUNT�, .a« 100• 600 PREPARING RO STA 32; 32.40 0.00 32.40 $ 300.00 9 720.00 251 6001 SPREAD MATERIAL AND.REWORK BASE COURSE SY 1 0.00 0.00 0.00 $. 5.00 344 6135 SUPERPAVE MIXTURES SP-D SAC -A PG76.22 (2'5 SY 7,497 7560.00 _ 0.00 7,660.00 $ 11.00 $ 8: ' 160.00 351 6001 REPAIR OF FLEXIBLE PAVEMENT (8" ASB) SY 1;125 359.33 .0.00 359.33 $. 90.00 $ 32,339.70 354 _ 6096 PLANE ASPH CONIC PAV (1 -TO W) Sy. 7,497 7294.85 0.00 . 7,294.85 "$ 3.00 $ 2104.55 354. 9999 PLANE ACP (I" TO 3')'(SKID STEER MOUNTED EQUIPMENT) SY 658 524.76 0.00 524.76 "$ '3.00 $ 1,574.28 600. 6001 MOBILIZATION (NOT TO EXCEED'6a/o) a LS 1 0.90 0.10 1.00 $ 15,000.00 $ 16,000.60 60Z . 6001 BARRICADES, SIGNS, & TRAFFIC HANDLING. MO Z. 1.00 1.00 - :2.60 $ 1,000.00 1, 2,000.00. 530 6011 INTERSECTIONS, DRIVEWAYS; AND TURNOUTS (SP-D) SY 877 624.76 0.00 524.76 $ 25.00 $ 13,1 i9.00 044 6999 SMALL ROAD SIGN ASSEMBLY EA 2 0.00 2.00 2.00 -$ 825.00 $ 1,660.00 666 6012 REFL PAV. MRKTY I (W) (4") (SLD) (100 MIL) LF 146 0.00 120.00 120.00 $ 3.30 $ 396.00 666 6036 REFL PAV MRK.TY I (W)" (8") (SLD) (100 MIL), LF 122 0.00 .122.00 122.00 $ 6.60 $ . • 806 20 6661. 6042, REFLPAV MRK TY I (W) I12"): (SLD) (100 MIL) " ' LF 84. 0.00 72.00 72.00. $", 9.90 $ . _ 712.80 666 6120 REFL PAV MRK TY I (Y) (4") (BRK) (100 MIL) LF 720 0.00 720.00 720.00 $ 2.20 $ 1,684.00 666 6126 REFL PAV MRK TY I (Y) (4") (SLD) (100 MIL) LF 360 0.00 364.00 364.00, $ 2:20 $" B00.80, •668 6019 PREFAB PAV MRK TY B (W) (ARROW) EA '2 0.06 2.00 2.00 $ 661.00 $ 1,122.00 668 6027 PREFAB PAV MRK TY B (W) (WORD) (ONLY) . EA 21 0.00 .,'2.00 2.00 $ 880.00 $, 1,760.00. 668 6999" PREFAB PAV MRK TY.B (W) (18") (YLD TRI) EA 7 0.00 .6.00 5.00 $: 66.00 $ 276.00 713 . 6005 CLEANING AND SEALING JOINTS AND CRACKS (CLASS 8) LF 13,045. 0.001 0.00 0.00. .$ 3.00 :$' 999 1001 HAUL TRUCK (LEVEL LOAD) EA 1 0.00 0.00 0.00 $ 150.00 $ PREPARED BY: APPROVED BY:: APPROVED BY: I tertoV that allwork lectudingmatedalc covered by this lnvotcehave been completed ordellvered(naccordance withContactdocuments. GRAND TOTAL AMOUNT OF WORT( DONE LESS S%RETAINAGE:: SUB TOTAL LESS PREVIOUS PAY ESTIMATE: AMOUNT DUE THIS ESTIMATE: $ 187,903.33, :$ 187,903.'33 $ 167,482.65 $ 20,426.68 1.of1 RESOLUTION NO. WHEREAS, on March 17, 2020, the City Council of the City of Beaumont, Texas passed Resolution No. 20-064 awarding a contract in the amount of $305,231.60 to LD Construction, of Beaumont, Texas, for the Grilling Road Asphalt Resurfacing — Major Drive to Old Voth Road Project; and, WHEREAS, Change Order No. 1, in the amount of ($117,328.27) is required to adjust the estimated quantities to reflect the actual quantities used inthe completion of the project, thereby decreasing the total contract amount to $187,903.33; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of ($117,328.27), for additional work described above, thereby decreasing the total contract amount to $187,903.33; and, BE IT FURTHER RESOLVED THAT the Grilling Road Asphalt Resurfacing — Major Drive to Old Voth Road 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 $20,420.68 to LD Construction, of Beaumont, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of September, 2020. - Mayor Becky Ames — TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: September 8, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with T. Construction, LLC. BACKGROUND On June 4, 2019, by Resolution 19-112, City Council awarded a contract to T. Construction, LLC, of Houston, in the amount of $1,589,808.00, for the Helbig Road -Pipe Bursting Contract Project. Two Work Directives were deducted from the $100,000.00 contingency allowance leaving an allowance balance of $28,990.00 and are attached for your review. Proposed Change Order No. 1, in the amount. of $39,720.00, is needed to make changes to the original contract bid items due to site conditions discovered once construction began. It is proposed for a greater quantity of flexible pavement structure repairs at 2" thickness rather than 4" thickness, and to install two (2) additional manholes for better maintenance of the City sewer system. As soon as the utility work is complete, Helbig Road will bid out under Street Rehabilitation. Due to that we selected 2" rather than 4" thickness to save money. However, the amount of paving needed increased so the overall costs still increased from the previous estimate. Change Order No. 1 will deduct the remaining contingency allowance amount of $28,990.00 which would increase the contract by $10,730.00. If approved, the new contract amount will be $1,600,538.00. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. , r - RESOLUTION NO..19-112 . WHEREAS, the City of Beaumontsolicited bids for furnishing all labor, materials, equipment, and supplies for the Helbig Road Pipe Bursting' Contract'Project; and, WHEREAS., T Construction, LLC, of Houston,. Texas, submitted a complete bid meeting specifications in the amount of $1,589,808.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by T Construction, LLC_, of Houston; Texas, -is the lowest responsible bidder providing the best value to. the -C.ity 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 Construction', LLC, of Houston, Texas, in the amount of $1.,589,808.00, for the Helbig Road Pipe Bursting Contract Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is ' hereby authorized .to execute a contract with T Construction, LLC, of Houston, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict. compliance with the Texas .Open Meetings Act, Texas Government Code, Chapter PASSED BY THE. CITY COUNCIL. of the City of Beaumont this the. 4th- day of June, 2019. ��►�� s . Ma W r Becky Ames - CITY "OF DEAUNIONT .DATE' September 1, 2010 , PROJECT I Ildbis Raad Pipe Bursitis Cinlntl - COUNTYt. Jefferson DISTRICT' Deaumonl. CONTRACT NUMBER, 11IDNO.W110J19.16 - OIYNER: (]IyofOeavmonl - - - CONTRACTOR: TCamleucllon,LLC_ CHANGE ORDER I ) —i.rTIIE FOLLOWING CHANGES INTHE PLANS ANDIOR SPECIFICATIONS ARE IIEREDVbIADE-':.:';; P.i^::.'-st •1 - - Proposed Change Order No. 1, in the amount of $10,730.00, is needed to make changes to the original contract bid items due to site conditions discovered once construction began. It is proposed for a greater quantity of flexible pavement structure repairs at 2" thickness rather than 4" thickness, and install two (2) additional manholes for improved maintenance ofthe City sewer system. The force main relocation will improve services for residents on Bennett Road. !T'EhINO. ITEM .CODE '' 'DESCRIPTION .UNIT DID QUANTITY CIIANGEINQUANii# I UNIT PRICE CHANGE ORDER AMOUNT .. ADD. 2 )701 . Ran end MplacaollmlatiNcuSid Maniwk.Upeoh'D.pol"UheR)ointsd:Comrcakm(Prc• CulCbneeete - EACH 21 1 S� ,I 00.0D f :9,6DO.OU Al 351'..' PIa%lblaPakment SuueWrc Replr(r) SY:.. 0 AW '" S 33.00 S 2G900AD It Excatctianand AddidonalTrmch Methods to E%pcx and Protect ESItGng Udlidu In Peotbnity to _ Scan Main ' LF 0 '!10 S ]t00 S 1471a.tro SUBTOTAL S - .. . $2.330.00 DELETE .. ]il FlatlbloPa}tmcnlSwdum Rcpa_v(Jry SY )!D .JSO S 3600 S 0"00.00) ALLOWANCE ALLOW 1 .0.209 S IOU.ODO.00 f (2E,97000) - SUBTOTAL S (41.590.001 TOTALMIOUNT OFTHIS CHANGE ORDER S .t0.77D.00 CONTRACTTIME �OIUGINALCONTRACIMAIE: - AD6ITIONALTIh1E REVISEDCONTRACTTIME ORIGINAL CONTRACT Ab10UNT1 NET FRO5I PREVIOUS CHANGE ORDERS I TOTAL MIOUNFOFTHIS CHANGE ORDER I PERCENT OFTHIS CHANGE ORDER I TOTAL PERCENT CHANCE ORDERS TO DATE: NEW CONTRACT AMOUNT I ]6! wkndvda} i 60cak:dudas '92! eale'dudap S 1,567,605.00 S S 10,730.00 0.67% 0.67% S 1,600,533.00 . ... 'Mma NDED DY .0 TUMTLORn I CIURUr L' U(_ DATL - TLC11N%0UY 3173 Y1Clta APPROVEDDY: AMMIEDDY: KYLE HAYES, CITY I IMAUGR DAIU .. - TWA UKMSAPV�C,IYL�CkLlltr. PAM - . . 13 EAU MORT �9ty► UkitiNos: Project: Helbig Road Pipe Bursting Contract Contractor: TConstruction, LLC A No. L9-16 of Contract: 24, 2019 Work Directive Change No. Two (2) Purpose for Work Change Directive:, The proposed 12" force main pipe along Bennett Road (approved.under.Work Directive Change Order No.1) has been installed. The proposed work involves connecting the new 12" pipe to existing manhole 127 along Helbig Road and Garner Road. You are directed to proceed promply with the following change(s): Item No. Description: Allowance Furnishing labor materials and equipment to make the connection Original Contingency Allowance: $100,000.00 of the new 12" sanitary sewer force main line into existing Work Directive No. One (1): ($68,210.00) manhole 127 and properly sealing the annular space Inside -and . Work Dlrective.No, Two (2): ($2,800.00) outside of the manhole. Payment for the work will be made under Balance of Contingency Allowance: $28,990.00 the allowance for Unforeseen Work as Directed by Owner. Attachments (list documents supporting change): Proposal dated March 20, 2020 from Yonin Villares of T Construction, LLC. Changes in Contract Price and Contract Times: Contract Price: $0.00 (incfeaso eereape) Contract Time: 0 (inerease/deerease) days Original Contract Completion Date: August 4, 2020 Revised Contract Completion Date: September 3, 2020 eoininended for Ap roval by (Engineer): Date: u- a =� SOLD Authorize by City of Beau It(owner)by,' V ,Accepted I /or (Contractor) by: �' • 1% 'i l �K) . U cicy unktia: Pro)eNr Contrail No, HOMO Rend Pipe Bursting Contract WU•0319.16 Work Directive Change No. One. (1) Contraetdrr ogta orcontracU T Constructlon, LLC tune 24, 2019 Purpose for Work Chang* Difectiver Resrdentson tha eastern end of eennatt Road currently experience sewer Service d:sruptlons when ilia pumps at the Bennett'Llftstatfon. areoperotgig, Recant field ihvestigatlons revealed the existing 12" force main currentiy discharges to 615" gravity sower line those homes are fled to, The proposed work will reroute and extend.the 12" force main from the 15"gravity line to a manhole located on Helbig Road providing relief for these "residents. You urn directed to proceed promply with the following change(s): Item No. Description: Allowance Original Contingency Allowance: $100,000.00 Work Directive No, One (!): ($68,210.00) . Balance of Contingency Allowance: $31,790,00 Furnish labor and equipment only to Install approximately 1,660linear feet of 12" SDR 13,5 hleirdensity polyethylene 1110a Via horl:6dtal directlonot drilling. Payment for the work will be made under the allowance for Unforseen Work as Directed by Owner, Attachments (list oWinenis supporting ehanee)t Proposal dated september 13, 2019 from YonlnVlllares ofTC06structioN LLC. change to Contract Price and Contract71mes: Contract Price• 000 (Ioerea9e/deeMWA) Contratt1ime:__(Increase/deereasel dyr Original Contract completion Date:August4, 2020 Revised Contract ComplOtlon pate: September 3, 2020 RESOLUTION NO. WHEREAS, on June 4, 2019, the City Council of the City of Beaumont, Texas, passed Resolution No. 19-112 awarding a contract in the amount of $1,589,808.00 to T Construction, LLC, of Houston,Texas, forthe Helbig Road Pipe Bursting Contract Project; and, WHEREAS, a contingency allowance in the amountof $100,000.00 was included in the above noted contract; and, WHEREAS, on October 1, 2019, the City Manager executed Work Directive No. 1, in the amount of $68,210.00, to furnish labor and equipmentto install approximately 1,660 linearfeetof 32" SDR 18.5 high -density polyethylene pipe via horizontal directional drilling,therebydecreasing the contingency allowance to $31,790.00 and having noaffect on the total contract amountof $1,589,808.00; and, WHEREAS, on April 20, 2020, the City Manager executed Work Directive No. 2, in the amountof$2,800.00, to furnish labor, material and equipmentto make aconnection of a new 12" sanitary sewer force main line intoexisting manhole 127and properly sealing the annularspace insideand outsideof the manhole, thereby decreasing the contingency allowance to $28,990.00 and having no affect on the total contract amount of $1,589,808.00; and, WHEREAS, Change Order No. 1, in the amountof $39,720.00, is required to make changes to the original contract bid items due to site conditions discovered once construction began by increasing the quantity of flexible pavement structure repairs at 2" thickness rather than 4" thickness and to install two (2) additional manholes for better maintenance of the City sewer system, thereby decreasing the contingency allowance of $28,990.00 to $0.00 and increasing the total contract amount by the amount of $10,730.00 fora new total con tract amou n t of $1,600,538.00; 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 Managerbe and he is hereby authorized to execute Change Order No. 1 for additional workdescribed above, thereby decreasing the contingency allowance of $28,990.00 to $0.00 and increasing the total contract amount by the amount of $10,730.00 for a new total contract amount of $1,600,538.00 for the Helbig Road Pipe Bursting Contract Project; and, The meeting at which this resolution was approved was in all things conducted in strict compliancewith theTexas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of September, 2020. - Mayor Becky Ames - BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, SEPTEMBER 8, 2020 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda items 1, 4-6/Consent Agenda * . Consent Agenda GENERAL BUSINESS 1. Consider an ordinance amending the FY 2020 Budget 2. Consider a request to abandon the alley adjacent to 705 Martin Luther King Pkwy 3. Consider a request for the conveyance and dedication of private streets and infrastructure in the Sandlewood Subdivision to the City of Beaumont 4. Consider an ordinance granting a new solid waste franchise agreement to Neches Management Services 5. 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 6. 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 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 7. 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 PUBLIC HEARING Receive comments on the proposed Reinvestment Zone Tax Abatement Policy for the City of Beaumont 8. Consider a resolution adopting the Reinvestment Zone Tax Abatement Policy for the City of Beaumont WORK SESSION Review and discuss the proposed FY 2021 Budget COMMENTS Review and discuss panhandling and campsites on properties not owned by the City of Beaumont 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 September 8, 2020 Consider an ordinance amending the FY 2020 Budget BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 8, 2020 REQUESTED ACTION: Council consider an ordinance amending the FY 2020 Budget. BACKGROUND In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget and that interfund transfers are in accordance with financial policies as approved within the budget document. The details of the proposed amendments are as follows: The Solid Waste Fund is projected to exceed budgeted expenditures by over $950,000 due to overtime related to continued Imelda cleanup efforts, heavy equipment repairs and the purchase of a new dozer which was approved by council in the landfill operations division. A budget amendment in the amount $1,000,000 is being proposed to cover the overage and to appropriate an extra contingency for any other unforeseen expenditures that may occur. Landfill revenues are expected to exceed budgeted revenues by over $1,000,000 which will help fund the additional costs incurred. Solid Waste Fund Previously Amended Budget Proposed Amendment Final Amended Budget Total Expenditures $14,095,800 $1,000,000 $15,095,800 2. The COVID-19 Recovery Fund was set-up to capture all COVID-19 related costs for possible reimbursement. This fund was established after the FY 2020 Budget was adopted. Costs incurred through July of 2020 amount to $1.35 million and is expected to incur more costs until the crisis is over. A budget amendment in the amount of $2,250,000 is being proposed to appropriate sufficient funds to cover the estimated costs through the end of this fiscal year. COVID-19 Recovery Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $0 $2,250,000 $2,250,000 3. The Imelda Recovery Fund was set-up to capture all related storm costs for possible reimbursement. This fund was established after the FY 2020 Budget was adopted. Costs incurred through July of 2020 amount to $3.4 million and is expected to incur more costs due to ongoing repairs and assessments. A budget amendment of $4,000,000 is being proposed to appropriate sufficient funds to cover the estimated costs through the end of this fiscal year. Imelda Recovery Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $0 $4,000,000 $4,000,000 4. The Laura/Marco Recovery Fund was set-up to capture all related storm costs for possible reimbursement. This fund was established after the FY 2020 Budget was adopted. Costs for this fiscal year are estimated to be in excess of $3 million. A budget amendment in the amount of 4,000,000 is being proposed to appropriate sufficient funds to cover the estimated costs through the end of this fiscal year. Laura/Marco Recovery Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $0 $4,000,000 $4,000,000 5. The Municipal Transit Fund has a proposed amendment in the amount of $200,000 to appropriate additional funds that are being used for additional health supplies needed in response to COVID-19. Municipal Transit Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $5,731,500 $200,000 $5,931,500 6. The Tyrrell Historical Library Fund has a proposed amendment in the amount of $5,000 to appropriate funds for a new scanner that was purchased with donated funds. Tyrrell Historical Library Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $37,872 $5,000 $42,872 7. The General Fund typically transfers funds annually to the Capital Reserve Fund for facility improvements and capital equipment purchases. No funds were transferred during the FY 2020, thus a $2.5 million dollar transfer is being proposed to help fund those costs that are being proposed in the FY 2021 Budget. General Fund Previously Amended Budget Proposed Amendment Final Amended Budget Total Expenditures $133,301,400 $2,500,000 $135,801,400 Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Revenues $3,440,600 $2,500,000 $5,940,600 In the FY 2020 Budget, $1 million was budgeted in the Capital Reserve Fund for parking lot improvements at the Fleet Facility. That project was put on hold for further study and it was decided that additional improvements were necessary to restore the parking lot. The proposed Capital Plan for FY 2021 includes a phased approach to restoring the parking lot at a proposed cost of $2.5 million. It is proposed to transfer the $1 million from the Capital Reserve Fund to the General Improvements Fund to help fund the cost of the parking lot improvements detailed in the Capital Plan. Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $8,566,500 $1,000,000 $9,566,500 FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2020 TO APPROPRIATE ADDITIONAL FUNDS TO COVER EXPENDITURES IN THE SOLID WASTE, COVID-19 RECOVERY, IMELDA RECOVERY, LAURA/MARCO RECOVERY, MUNICIPAL TRANSIT, TYRRELL HISTORICAL LIBRARY, GENERAL, AND CAPITAL RESERVE FUNDS; TO APPROVE THE TRANSFER OF FUNDS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City Charter of the City of Beaumont requires the City Manager to strictly enforce the provisions of the budget and not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred; and, WHEREAS, it is necessary to amend the FY 2020 budget to ensure that appropriations are sufficient to ensure that expenditures are authorized within the approved budget and that interfund transfers are in accordance with the financial policies as approved within the budget document; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2019 through September 30, 2020, be and the same is hereby amended to appropriate additional funds to cover expenditures in the Solid Waste Fund as shown below: Solid Waste Fund Original Budget Proposed Amendment . Amended Budget Total Expenditures $14,095,800 $1,000,000 $15,095,800 Section 2. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2019 through September 30, 2020, be and the same is hereby amended to appropriate additional funds to cover expenditures in the COVID-19 Recovery Fund as shown below: COVID-19 Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $0 $2,250,000 $2,250,000 Section 3. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2019 through September 30, 2020, be and the same is hereby amended to appropriate additional funds to cover expenditures in the Imelda Recovery Fund as shown below: Imelda Recovery Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $0 $4,000,000 $4,000,000 Section 4. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2019 through September 30, 2020, be and the same is hereby amended to appropriate additional funds to cover expenditures in the Laura/Marco Recovery Fund as shown below: Laura/Marco Recovery Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $0 $4,000,000 $4,000,000 Section 5. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2019 through September 30, 2020, be and the same is hereby amended to appropriate additional funds to cover expenditures in the Municipal Transit Fund as shown below: Municipal Transit Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $5,731,500 $200,000 $5,931,500 Rarrtinn R THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2019 through September 30, 2020, be and the same is hereby amended to appropriate additional funds to cover expenditures in the Tyrrell Historical Library Fund as shown below: Tyrrell Historical Library Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $37,872 $5,000 $42,872 Section 7. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2019 through September 30, 2020, be and the same is hereby amended to appropriate additional funds to cover expenditures in the General Fund and to approve the transfer of funds into the Capital Reserve Fund as shown below: General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $133,301,400 $2,500,000 $135,801,400 Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Revenues $3,440,600 $2,500,000 $5,940,600 Car4inn R THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2019 through September 30, 2020, be and the same is hereby amended to appropriate additional funds to cover expenditures in the Capital Reserve Fund and to approve the transfer of funds into the General Improvements Fund as shown below: Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $8,566,500 $1,000,000 $9,566,500 Section 9. 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 10. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. 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 8th day of September, 2020. - Mayor Becky Ames - 2 September 8, 2020 Consider a request to abandon the alley adjacent to 705 Martin Luther King Pkwy BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 8, 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. APPLICATION FOR RIGHT-OF-WAY Revised 11/2019 ' OR UTILITY EASEMENT ABANDONMENT f 1 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. . NAME OF APPLICANTS PHONE: �( o 7 - % ij -- 3 FAX: AUTHORITY OF APPLICANT: NAME OF OWNER: 1 i m G�1 �+ / �S') �`�� r >3 k 'x" Z_ C+ PHONE: 4-/ b ze) 32?? FAX: ADDRESS: S I i % / O c,A-1 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: m 4 PRESENT USE ROW OR UE (LIST UTILITIES IF PRESENT) +ATTACH A LETTER STATING THE REASONS FOR THE ABANDONMENT. LEGAL DESCRIPTI.+ON OF PROPERTY: LOT NO. F BLOCK NO. _ p 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 0A, APPLICATION 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 o APPLICANT: DATE: ( 2 PLEASE TYPE OR P AND SUB TO: CITY OF BEAUMONT b _ �3 PLANNING DIVISION FILE NUMBER: 801 MAIN STREET, SUITE 201 BEAUMONT, TX 77701 DATE RECEIVED: I- Z 7--06Zo Phone - (409) 880-3764 Fax - (409) 880-3133 APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT Application. Ownership List Date: We, the undersigned, being the sole owners of all the property abutting the proposed abandonment of 77 M L lC. -- /9 ,ten F ° l" i i '7 C hereby respectfully petition that the right-of-way, alley, or utility easement be closed and abandoned. OWNER and ADDRESS (survey) Lot Block Addition (tract) (tax plat) 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,JO2U — Dear Planning and Zoning Commission: � � |amwanting toabandon that alleyway on]ROULot Z'l3block tobeable build onit. pleaseIf there an)(Auestions, feel free tocontact meat4O9'781-32Q8 jGroup WL[V 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 8th day of September, 2020. - Mayor Becky Ames - is ..� 4 i:'.� \� '{ ,� ' -- '�- 'p'•I ,.x,.;+ ` o D o r O ,o_ ir aL ltM 1 _ - `71^'��f _� � � s,j '.:',,�,,,,..ggg��^rK,- a�.•N„ '� :4 � � -i. �'� '� --'-'" - _ pk }'f _ �� , -V all 1 1 - Ell' rS •: E - i el 4 .il f 4 9> �I — fjf• r - I ? - I j�k #� _ ¢;� sue- f�= — �__ --.—_� .....� ._�.—.......--=^i r �� � � z ,.J � • .�—�— �"_ _ -t j—__�—I� D'[ #jjj u] c r ll a `s Ylt r• � I � MPS �cs"+ ` �� il�> � t:. � r� vl t� - �. REM -''°".awFr.Ya-.s.-- - -l. x No Text � OR � I= SOU H L E A_ ME MC pp SO50. n . a ,, I.- September 8, 2020 Consider a request for the conveyance and dedication of private streets and infrastructure in the Sandlewood Subdivision to the City of Beaumont BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 8, 2020 REQUESTED ACTION: Consider a request for the conveyance and dedication of private streets and infrastructure in the Sandlewood Subdivision to the City of Beaumont. BACKGROUND Priscilla Rouse, President of Sandlewood Trail Homeowners Association, has requested that the City of Beaumont accept maintenance of the private street known as Sandlewood Trail, and it's infrastructure. In 2017, the City adopted a process for the conversion of private .streets and other infrastructure to public ownership and maintenance (see attached). Also attached is an analysis of the condition of the existing private infrastructure, conducted by' the Public Works Department. The 2017 vote included a condtion that the speed bumps be removed. At a Joint Public Hearing held on February 17, 2020, the Planning Commission recommended 7:0 to approve a proposed Ratification for the conveyance and dedication of private streets and infrastructure to the City of Beaumont once completed with the following condtion: 1. Approval of conveyance document by City Council. The conveyance document has now been signed by the Association Members/Lot Owners and is ready for consideration. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the Ratification with the following condition: 1. Speed bumps are to be removed. RATIFICATION AND AMENDMENTS TO PLAT AND DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THE STATE OF TEXAS § COUNTY OF JEFFERSON § THIS RATIFICATION and AMENDMENT is entered into by and between the Sandelwood Trail Homeowner's Association, a Texas non-profit corporation (the "Association"), and the City of Beaumont, Texas (the "City"), and agreed to by seventy- seven percent (T7%) of the members of the Association, being 77% of the collective owners of all Lots depicted on the Plat, as defined below. WHEREAS, on October 29, 1979, the plat of SANDELWOOD TRAIL was filed under Volume 14, Page 38, Map Records, Jefferson County, Texas (the "Plat") and the Declaration of Covenants, Conditions and Restrictions of SANDELWOOD TRAIL in Volume 2187, Page 91, Deed Records, Jefferson County, Texas (the "Declaration"); WHEREAS, the Plat depicts Sandelwood Drive (Private) as the means of ingress and egress to and from SANDELWOOD TRAIL and Delaware Street and West Lucas Drive, dedicated and platted public streets and Sandelwood Drive (Private) as (i) the means of ingress and egress to and from each Lot and also (ii) the means of traversing within SANDELWOOD TRAIL; WHEREAS, the definition of "Common Area" in Article I, Section 4 of the Declaration tacitly includes the public streets, if any, lying, constructed and maintained within the street easements, while Article III, Section 1 refers to "... the right of the Association to dedicate or transfer all or any part of the Common Area to any municipality... ", but "No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by three -fourths (3/4ths) of each class of member has been recorded."; WHEREAS, Article IV, Section 1 states that "Every owner of a Lot... shall be a Member of the Association...", with Article IV, Section 2 providing that, "The association shall have two (2) classes of voting membership as follows: Class A. Class "A" Members shall... be entitled to one (i) vote for each lot owned. Class B. Class "B" Members shall be the Declarant, who shall be entitled to three (g) votes for each lot owned."; WHEREAS, the owners of 4o Lots, comprising seventy-seven percent (77%) of the voting Members of the Association, desire to, and hereby do, agree to the dedication of the Sandelwood Drive (Private) in SANDELWOOD TRAIL to the public by and through the City; WHEREAS, in consideration of the foregoing dedication, the City hereby accepts such dedication of Sandelwood Drive (Private) to the public; WHEREAS, in consideration of the foregoing dedication and acceptance, it is therefore necessary to confirm and ratify the Plat and Declaration so that all references to the Sandelwood Drive (Private) shall hereafter be amended to read "Sandelwood Drive," such that the dedication of that drive reflected upon said Plat as the Sandelwood Drive are to public use forever; and WHEREAS, there exists the necessities of the ratification and amendment of said Plat and Declaration as herein stated. NOW, THEREFORE, PREMISES CONSIDERED, the Association and City, with the agreement of 4o Lot owners, do hereby ratify and amend the Plat and Declaration, and dedicate Sandelwood Drive (Private) to the public use forever. Being understood that the City shall not be responsible for the maintenance of any common area, parlang area, driveway or median. The City will only accept responsibility for maintenance of the existing, named, paved roadway. �l U EXECUTED this the day of L 201X. SANDELWOOD HOMEOWNERS ASSOCIATION, a Texas non-profit corporation \- . VA.11 By: Priscilla Rouse, President J�c&&� M OA "Association» CITY OF BEAUMONT, TEXAS LN Name: Title: "City" AGREED BY ALL ASSOCIATION DL9 MEMBERS / LOT OWNERS(11) \ Owner (2) (00 Owner Piz." / C) Owner L Owner STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the �n�` day of w Si-1'' , 20�, by PRISCILLA ROUSE, as President of SANDELWOOD IYOMEOWNERS ASSOCIATION, a Texas non -corporation, on behalf of said corporation. IV A1.V M M.�I.V ICI PI/ AY M �/A/.r 1\/ •./ ROSEMARY SMITH i Notary Puhlle, State of Texas 1 ? ®y Comm. Expires 12-20-20 1 Notary ID# 12514745-6 Notary Public, S to of Texas STATE OF TEXAS. COUNTY OF JEFFERSON This instrument was acknowledged before me on the day of , 20 AD by , as of the CITY OF BEAUMONT, TEXAS, on behalf of said city. Notary Public, State of Texas Ce Own r C -) Owner Owner (,go) Owner e_ Owner Owner Owner Owner Owner area, driveway or median. The City will only accept responsibility for faintenance of the existing, named, paved,roadway. EXECUTED this the day of , 201 ELWOOD HOMEOWNERS ,aiION, a Texas non-profit corporation Rouse, President "Association" CITY OF BEAUMONT, TEXAS Name: Title: "City" AGREED BY ALL ASSOCIATION MEMBERS / LOT OWNERS: (q) /6ke,--) " , V-- 3 & Owner C Owner Owner 2Qy,4:s3,, oc�a� J PLO �� o \ i 9JI12-C Owner (� ,)rA,,GtILkJ g�2�r�7 C Owner 20 Owner ! Owner Owner Owner Owner �) Owner C Owner 1� PoOe r J! Owner Owner r i©,IL,41.1 Owner r 12 Jz4!:!zV Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Jaumo laumo X�F,,-4e 'laumo Js` �aumo v aaumo Q7 Jaumo C>eo-ejC`s C177 aaumo e:�?e2l aaumo i-rr, �e aauMp Jaumo aaumo aaumo .1aunrp 1 aauMp 1 Jaump r QZop �-9 7 aaumo aau o 03V aaum � o � # 3c? Owner Owner V Owner Owner Owner Owner ®V-W- -------- _----------- _—___ DATE: March 19, 2018 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont. FILE: 882-OB STAFF REPORT Morgan L. Hawkins, President of Sandlewood Trail Homeowners Association, has requested that the City of Beaumont accept maintenance of the private street known as Sandlewood Trail, and it's infrastructure. The City recently adopted a process for the conversion of private streets and other infrastructure to public ownership and maintenance (see attached). Also attached is an analysis of the condition of the existing private infrastructure, conducted by the Public Works Department. If this application is approved by City Council, an amended subdivision plat will be necessary to convey the property and infrastructure as well as accurately reflect rights -of -way and other public easements and facilities on the recorded plat. If approved, the applicant will need to submit an application for this amended subdivision plat. One additional issue to consider which common elements should be accepted, including alleyways, driveways, common areas parking and landscaped medians and recreational areas. Staff recommends that all streets, water, sewer and drainage facilities be conveyed for public ownership and maintenance, but that maintenance of all common areas, including alleys, parking areas, medians, play areas and other common areas, continue to be the responsibility of the Home Owners Association. Planning staff recommends approval with the following conditions: 1. Require the submission and filing of a preliminary and final plat to be paid for by the applicants. 2. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. This item was sent to all interested parties. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the Sandlewood Trail Subdivision land and infrastructure owned in common. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Morgan L. Hawkins, President of Sandlewood Trail Home Owners Association PROPERTY OWNER: Sandlewood Trail Home Owners Association LOCATION: Sandlewood Trail Subdivision EXISTING ZONING: RS (Residential Single Family Dwelling) PROPERTY SIZE: —6.83 acres more or less EXISTING LAND USES: Private street FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) EAST: Residential/Institutional RS & RM-H (Residential Multiple Family Dwelling - Highest Density) SOUTH: Commercial RM-H (Residential Multiple Family Dwelling - Highest Density) WEST: Residential/Institutional RS COMPREHENSIVE PLAN: Stable Area DRAINAGE: Curb and gutter DATE: April 16, 2018 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont. FILE: 882-OB STAFF REPORT Morgan L. Hawkins, President of Sandlewood Trail Homeowners Association, has requested that the City of Beaumont accept maintenance of the private street known as Sandlewood Trail, and it's infrastructure. The City recently adopted a process for the conversion of private streets and other infrastructure to public ownership and maintenance (see attached). Also attached is an analysis of the condition of the existing private infrastructure, conducted by the Public Works Department. If this application is approved by City Council, an amended subdivision plat will be necessary to convey the property and infrastructure as well as accurately reflect rights -of -way and other public easements and facilities on the recorded plat. If approved, the applicant will need to submit an application for this amended subdivision plat. One additional issue to consider which common elements should be accepted, including alleyways, driveways, common areas parking and landscaped medians and recreational areas. Staff recommends that all streets, water, sewer and drainage facilities be conveyed for public ownership and maintenance, but that maintenance of all common areas, including alleys, parking areas, medians, play areas and other common areas, continue to be the responsibility of the Home Owners Association. Planning staff recommends approval with the following conditions: 1. Require the submission and filing of a preliminary and final plat to be paid for by the applicants. 2. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. This item was sent to all interested parties. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the Sandlewood Trail Subdivision land and infastructure owned in common. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Morgan L. Hawkins, President of Sandlewood Trail Home Owners Association PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: f SURROUNDING LAND USES: NORTH: Residential EAST: Residential/Institutional SOUTH: Commercial Sandlewood Trail Home Owners Association Sandlewood Trail Subdivision RS (Residential Single Family Dwelling) —6.83 acres more or less Private street "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: RS (Residential Single Family Dwelling) RS & RM-H (Residential Multiple Family Dwelling - Highest Density) RM-H (Residential Multiple Family Dwelling - Highest Density) WEST: Residential/Institutional RS COMPREHENSIVE PLAN: Stable Area DRAINAGE: Curb and gutter LI August 24, 2017 City of Beaumont Public Works Department/Engineering Division To Whom It May Concern: I here assert, as true and correct, the forty signatures and addresses that appear on our petition requesting that you accept 5andelwood Trail as a public street. The names on the petition are those of 77% ,of our addition's property owners. Thank you for continued consideration in this matter. President 5andelwood Trail HOA LI State of Texas County of Jefferson This instrument was acknowledged before me on August .24, 2017 by Morgan L. Hawkins as President of Sandelwood Trail Homeowners Association. My commission expires: -1k_0 °lG •,°" Pave(,'; LAUHEN RQ WLAND G, No Public State of Texas lya �, of ,s,° Commiss[on Expires September 16, 2019 B E At 11110 H�Ic PUBLIC WORKS DEPARTM NT/ENGINEERING DIVISION PETITION FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE The undersigned owners of real property abutting or having sole legal access to the hereafter road in the City of Beaumont, Jefferson County, Texas, do hereby file this, their petition, with the City of Beaumont. A majority of support (two-thirds) by the property owners is required to initiate the acceptance of private streets and infrastructure by the City of Beaumont. A copy of Resolution No. 17-073 approved by City Council is attached providing the guidelines for acceptance of private streets and infrastructure for maintenance by the City'of Beaumont as Iabeled Exhibit "A". Name of Subdivision: k 'R.y eylL Ze 'Zo AOA President Contact Information: Name: .-z,#_ v ' ,� � �s� �� s Phone: -aC�..V Email: �F�� �,�r, '4- C' rnal-4 C, Submit Petition to: City of Beaumont Engineering Division PRINTED NAME & ADDRESS SIGNATURE PARCEL ID NUMBER must be legible) 1 Hli I C'A j`1 ks *6 �'• All S"d e.1 mid-oct Tr i . � 00 314 3 ZAP 4 Ste` z�vCx; 6 Pri I e; �Ln6et V�3J13 i 1 8 �Ynr U I A � � PRINTED NAME, & A,,,ORESS SIGNATURE PARCEL ID NUMBER (must be legible) 11 �k6 f ---VCR er fuS 12 a it p, j L �5 ��v � � rj, 13 A'�C-4W& S s, L`jOaa aM2 -C/47- !/ �:,�. AJ O E'C._1i.MO C� > " TRAI i_ 14 �,� tf r'11 X //P 15 ��/ 16 -!!�aA-•A?e- I-c5 c. `CA Ak i Aj e-Ljz o —(2 0,! e 18 �fGGr Lj b anJd j � w J T04 19 5N -"A a. Y%, &4-AA Leo 20 � 4w 5 1 V \ �G�o+fj 4 A d t hu 22 / � � OLVI d � l w 06 �.. AA L Li 23 �+ GLe 24 � ary 1�•�G�� � �vf �f ti►� t,. z� 1-3-7 PRINTED NAME & A-ojj BS SIGNATURE PARCEL ID NUMBER (must be legible) 26 V '�. —T 1ge\,A lwavk TrcO S c� v►7 �c�cl, l�'cf fi' yv�` L -7 27 28 29 30 Aomy 77pn .Avi �� �SjL 6 31 32 SG n�J �} wa�a T•r f 1,3�v 33 34 ,�•- tea. „ '.Z R�2QC� �%��v 35 d 1,-., -,1- 6 S o" w 6 �'l �A 36 < r c N-\ -s-38 37 39 r 8r e icc6 e{lj A W,/a. d r 40 1qV p�.4 G'� v /t t5 BEAUMONT TEXAS MEMORANDUM City of Beaumont, Texas Date: January 24, 2018 To: Kyle Hayes, City Manager From: Dr. Joseph Majdalani, P.E., Public Works Director Subject: Home Owners Association (HOA) Subdivisions Breakdown — Oak Trace, Sandlewood Trail and Woodpark COMDIIENTS Attached for your review are the Public Works/Engineering, Water Utilities and Fire Department recommendations for the HOA request for the City of Beaumont to consider accepting the above mentioned subdivisions as public streets. Tyrone Cooper, City Attorney has completed his review. Oak Trace Subdivision Public Works Department — Oak Trace Estimate for Street Repairs $365,000.00 Total $365,000.00 Water Department— Oak Trace A review of the plat and construction plans show that the water and sewer lines are located within a 16-foot wide utility easement dedicated to the City of Beaumont, therefore, the City of Beaumont currently maintains the existing water and sewer lines. Fire Department-- Oak Trace Chief Wheat and Fire Marshall Condina, II drove the neighborhood and looked at street access, turning radius, and hydrant locations and they are good with the locations. Sandlewood Trail Subdivision Public Works Department— Sandlewood Trail Estimate for new street/replacement Estimate for drainage improvements Total $1,813,000.00 155,000.00 $1,968,000.00 Water Department — Sandlewood Trail A review of the plat and construction plans show that the water and sewer lines are located within a utility easement dedicated to the City of Beaumont, therefore, the City of Beaumont currently maintains the existing water and sewer lines. Fire Department — Sandlewood Trail Chief Wheat and Fire Marshal Condina, lI drove the neighborhood and looked at street access, turning radius, and hydrant locations and are good with the location. The only issue noticed was some concrete road cracking, but under current code the minimum roadway rating is 75,000 pounds which is not a big issue at this time unless the City assumes maintenance responsibility it may become a future issue. Woodpark Subdivision Public Works Department — Woodparl� Estimate for new street/replacement $892,000.00 Estimate for drainage upgrades $194,000.00 Subtotal $1,086,000.00 Water Department — Woodpark (Water Lines 1. A review of the plat and construction plans show that the entire water system is private and serviced by a single 6-inch water meter, with one fire hydrant within the development. In order to bring the water line system to current standards, a water meter will need to be set in front of each home. 2. As with typical residential installations, the City would charge the standard fees for each meter. Estimated costs are: a. 1-inch meter $540.00 b. 1-1/2 inch meter $990.00 c. 2-inch meter $1,230.00 3. There are forty (40) residences, one (1) swimming pool, and landscaping irrigation system, totaling forty-two (42) services. (Assuming a 1-inch meter is required for each service.) Subtotal 2$2 ,680.00 Water Department — Woodpark (Sewer Lines) — The existing private sanitary sewer system is made of PVC lines and were televised to properly assess their conditions. The lines were found to be in good condition, therefore no improvements are expected at this time. Fire Department — Woodpark Chief Wheat and Fire Marshal Condina, Il drove the neighborhood and looked at street access, turning radius, and hydrant locations and are good with the location. ' Total cost for proposed improvements Woodpark $1,108,680.00 If you have any questions please do not hesitate to contact me. Attachments Cc: Chris Boone Joe B. Condina, lI Harold Crochet, Jr. Antoinette Hardy Molly Villarreal „ E U 1 O T Public Worlcs PRIVATE STREET — IINTER.OFFICE RE, PORT FORM ]Bequest fo)E' Acceptaiwe ofMainteaance Name of -Subdivision dAvAletomd, i. ► a Request Date: ,... Now Mw .. ... _ _ smog Mw ...R .... _ _ � � ..� .......� ... � _ .., Mw w w. Date Submitted to LegalDepattmeit COMMENTS-- CityAtWgy/ ' 4. IQ,17 t17� ate Submitted #o Roadway, Designer CONDITION OF STREET(S) -- Streets & Drainage r. , mm _ r.. m. .. d * _ _ ...r N.., _ l a S• 17 Date 89b*ltted to'Publib -Works piroctor COMMENTS -- Director of public, Works Dr. Joseph Majdalani, RE, Date BEAUMONT TO: Dr. Joseph Majdalani, P.E., Public Works Director FROM: Harold E. Crochet, Jr., Roadway Designer -II PRY, FARED BY: Harold E. Crochet, Jr., Roadway Designer -II DATE: December 7, 2017 SUBDIVISION: Sandlewood Trail Resolution No.: 17-073 Guidelines for acceptance of private streets and infrastructure for maintenance by the City of Beaumont. Application Date: July 7, 2017 Site Visit Date: December 04, 2017 Street Comments: Sandlewood Trail Subdivision has one access point off Delaware Street and one access point off Lucas Drive. The pavement condition index was evaluated at 20-25 having longitudinal and lateral cracking and multiple failures. The street is also not designed by current standards. Multiple failures have been repaired but the repairs were not performed properly. Due to age and current condition of road the City should expect to make improvements in 1 year according to our Concrete Pavement Curves (See Attachments). Segment 2, 3, 4 and 5 are two way traffic. Street is sloped inwards to center line of road. See Drainage Comments. We estimate 9065 S.Y. of street to be replaced and due to the current layout sidewalks will only be able to be constructed on one side of the road. 1400 S.Y. of sidewalk to be constructed per subdivision requirements. We also recommend the residence maintain responsibility of upkeep on islands. Street Details: Width of Segment 2=26-ft Length of Segment 2=472-ft PCI=20-25 Width of Segment 3=26-ft Length of Segment 3=472-ft PCI 20-25 Width of Segment 4=26-ft Length of Segment 4=600-ft PC1=20-25 Width of Segment 5 26-ft Length of Segment 5=472-ft PCI=20-25 Thickness of Road = To Be Determined on December 7, 2017 Drainage Comments: Sandlewood Trail Subdivision properties and homes appear to be built 16-ft off the property line. The current layout prohibits the properties to drain like typical subdivisions so they use the roads as gutters leading out to drainage inlets. This will need to be addressed as it is in violation of current grading requirements. Failure to get the flow corrected could cause flooding for the properties and adjacent properties. The grate inlets currently in place are in fair condition. The drainage system leads directly into DD6 drainage boxes which also has an overflow ditch. Furthermore, a hydraulic analysis needs to be performed for sizing the inlets and pipe. We recorded 9 surface inlets along the road. We currently use TxDOT Hydraulic Analysis July 2016 Manual. Estimate for New Street/Replacement = $1,813,000 Estimate for New SidewaIIrs per Subdivision Requirements = $112,000 Estimate for Drainage Improvements = $155,000 Total = $2,080,000 . �li�a`"p�.�j• ,pU't�Uv���ai( o�c� �'��,s�°C�i�f.�i'�'0 �°����t�� • v -ZQ s 70 w LdCR t �-aslab �� ko- Lo v&t -?V/J Lot �^✓ � �' lrt/ t�IV-.fN--ltt.Vi. C/i+� ,S .(•, _ � . !k ° pa,.{ Ad-rk ,w = 6-1*,0ca Mwd OMM sm �;� se�ri7 j� i�j �®on°I rA • �d semi-{ �i �0 s�C�t1"j �,� dQsl?on� j4� � W Y - rs . � N � a x c `° 112�1 paDr.-lapus5 �{I �` ; Fu Pl }• pj m i� ,e.j sQ f�11P.� 1ik»6r�� _ -�--Sandelwruod Tail•. • --- '— . - _._..------ ._. �� -.— � _.-_._. _- - _ -� .- ..� .. .� - - � - OM •, _ iiiR � vw+.fi�� (� ,'�,n� ., rJ ��v� - �� ' Y� I1I11 ... ` � 2 � - •./. l BEAUMONT TEXAS Interoffice Memorandum Date: .October 3, 2017 To: Zheng Tan, P.E., City Engineer From: Molly Villarreal, P.E., Water Utilities Engineer Subject: Sandlewood Trail Subdivision Our office has reviewed the Sandlewood Subdivision. This review and analysis was in response to a request for the City to accept the private streets and infrastructure for maintenance. A review of the plat and construction plans shows that the water and sanitary sewer lines are located within a' utility easement dedicated to the City of Beaumont. Water line Items: 1. The existing water lines are currently maintained by the City of Beaumont. Sewer Line Items: 1. The existing water lines are currently maintained by the City of Beaumont. Attached is a' copy of the water and sanitary sewer maps for your reference. A detailed review of the work order history for the development can be performed, if needed. If you need any additional information, please call me at 785-3016. c: Antoinette Hardy, Real Property Coordinator Dr. Joseph Majdalani, P.E., Public Works Director CITY UTILITIES WATER ADMINISTRATION 0 T 409.866.0026 F 409.861.4836 1350 Langham Beaumont, TX 77707 beaumonttexas.gov Sandelwood Subdivision Sewer (Line Map (south portion) Sandefv+ Seen (nc Sandelwood Subdivision Water Line Map (south portion) 1� b 1 c W lV d33D U3, 4345 432S t, aa320 MS. 6 433s V Ms I j j� *PA�K Lll u andelood Subdivision Water Line Map (north Portion) -t* 4wly Re: Private Streets Joe Condina Wed 12/6/2017 9A8 AM To:Antoinette Hardy <Antoinette.Hardy@BeaumontTexas.gov>; Anne Huff <Anne.Huff@BeaumontTexas.gov>; Bengy Williams <B engy.Williams @BeaumontTexa s,g ov>; ccScott Wheat<Scott_Wheat@BeaumontTexas.gov>; Hello Antoinette, Chief Wheat and i drove all 3 of these neighborhoods yesterday and looked at street access, turning radius, and hydrant locations. We are good with all the locations, if they were being built today we would have some different turning radius's and hydrant placement but this is not a major concern since we have covered these areas since their inception. The only other issue is in the Sandalwood Trails neighborhood. Again since we send apparatus there now it should not matter but we noticed some concrete road cracking. Under current code the minimum roadway rating is 75, 000 pounds. Probably not a big deal but with the city taking future maintenance responsibility, that might should be looked at. Hope this helped, if you have any other questions please let us know. Have a Great Day Joe B Condina 11 Fire Marshal From: Antoinette Hardy Sent: Monday, December 4, 201711:22 AM To: Anne Huff; Bengy Williams Cc: Joe Condina; Scott Wheat Subject: Private Streets Good Morning, Our office has received 3 requests from Home Owner Associations for the City of Beaumont to accept their street as public. in.order to provide the city manager our department's recommendation, we need your department to provide comments of any concerns your department will have if the City accepts the streets. Please review the following HOA requests and provide your recommendations to me by noon on Friday, December 8, 2017: (Kyle is wanting our report to him on Monday morning so please try to get your report to me by 12 noon on Friday) 1. Sandlewood Trails 2. Woodpark 3.Oak Trace Your immediate assistance in this matter Is greatly appreciated. Thanks in advanced!!! Be blessed, Antoinette Hardy Real Property Coordinator O: 409.880.3276 D: 409.880.3152 E: Antoinette.Hardy@BeaumontTexas.gov BE,AUMOr-qT Public Works "The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited" Re: Private Streets Bengy Williams Mon 12/4/2017 2:30 PM To:Antoinette Hardy <Antoinette.Hardy@BeaumontTexas.gov>; Anne Huff <Anne.Huff@BeaumontTexas.gov>; CcJoe Condina<1oe.Condina@BeaumontTexas.gov>; Scott Wheat<Scott.Wheat@BeaumontTexas.gov>; Good Afternoon Antoinette, Solid Waste is currently picking up Sandlewood Trails and Oak Trace. If the residents continue to place their containers where they are currently placing the containers, Solid Waste has no concerns. Woodpark is a new edition for us. It's only 40 homes and if they place their containers in the front of their residents, Solid Waste will have no concerns. Thanks, Bengy Williams Operations Manager City of Beaumont (409)842-1483 (Office) (409)842-1722 (Fax) From: Antoinette Hardy Sent: Monday, December4, 201711:22 AM To: Anne Huff; Bengy Williams Cc: Joe Condlna; Scott Wheat Subject: Private Streets Good Morning, Our office has received 3 requests from Home Owner Associations for the City of Beaumont to accept their street as public. In order to provide the city manager our department's recommendation, we need your department to provide comments of any concerns your department will have if the City accepts the streets. Please review the following HOA requests and provide your recommendations to me by noon on Friday, December 8, 2017: (Kyle is wanting our report to him on Monday morning so please try to get your report to me by 12 noon on Friday) 1. Sandlewood Trails 2. Woodpar< 3. Oak Trace Your immediate assistance in this matter is greatly appreciated. Thanks in advanced III Be blessed, Antoinette Hardy Rea! Property Coordinator O: 409.880.3275 D: 409.880.3152 E: Antoinette.Hardy@Eeaumont%xas.gov BEAUIMONT "The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited" RESOLUTION NO, 17-073 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves guidelines for acceptance of private streets and Infrastructure for maintenance by the City of Beaumont, as described in Exhibit "A," attached hereto and made, a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of April, 2017. GUIDELINES FOR ACCEPTANCE OF PRIVATE STREETS AND INFRASTRUCTURE FOR MAINTENANCE BY THE CITY OF BE, AUMONT Procedures 1. To initiate the process for acceptance of a private street and infrastructure, a written letter must be submitted to the City Manager for consideration. The letter shall be signed by the representative of the property owners' association (the "Association") of the rightful owner authorized to dedicate the streets and infrastructure for public use. The application must include copies of the recorded plat of all streets to be dedicated, any applicable easement documents, any records of construction and repair of the streets and infrastructure and any and all deed restrictions and home owners association rules and amendments thereto. Upon the City's initial review, additional information may be requested. The City will consider requests received on a first -come, first served basis, 2. The Public Works Director (the "Director") will inspect each street and infrastructure to determine the condition. 3. The City Manager and staff will review and prepare the request for consideration by the Planning Commission and the City Council. The Planning Commission will review the proposal and make a recommendation to the City Council, The City Council shall thereafter determine acceptance or rejection of the street and infiastructure. 4. If the City Council accepts the street(s) and infrastructure, the Director shall notify the applicant of same. Additional Standards For Acceptance 1. Trees, boulders and other large obstacles (other than mailboxes) located within three (3) feet of the pavement shall be removed by the applicant if determined by the Director to be unsafe or a traffic hazard. Other Conditions of Acceptance: Maintenance 1. The City will document by photographic evidence, engineering reports, plans and tests, the condition, composition and con -figuration (including pavement thickness and width) of the street at the time of application. if accepted, the City will have no obligation to improve the condition or configuration of the sheet and/or infrastructure. 2. The Association shall maintain all entrance monuments to subdivisions, including lighting, painting, repairs and maintenance, If in conflict with City standards, monuments may need to be altered or removed at the expense of the Association or owner. I The City will remove all trees on the right-of-way that die after the streets have been accepted. Replacement of trees will be within the sole discretion of the City. All other landscaping will be performed at the expense of the Association or owner. 4. Entrance gates that prevent public access to streets, speed bumps and any other traffic obstructions or devices will not be allowed on city maintained streets and must be removed at the Association's or owner's expense. 5, Acceptance by the City of the responsibility to maintain streets does not include the responsibility for maintenance of landscaping within the street right-of-way, landscaped portions of cul-de-sacs, common ground, streetlights, or mailboxes within the right-of- way. 6. As a condition of acceptance by the City of any street pursuant to these guidelines, any and all documents deemed necessary by the City for final acceptance shall be executed by the Association or owner. SOB: Request for the conveyance and dedication of private. s treets and restructure to the City of Beaumont plicant: President of the Sandlewood Trail Homeowners Association cation: Sandlewood Trail Subdivision 0 500 1,000 I I I I Feet , i f Publishers Affi davi t Acct N073952001 Job=202571001 Tear Sheet Attached Name CXTY OF BEAUMONT ACCOUNT2NG 1047898CLA5 B24281879 STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED WHO BEING BY ME DULY SWORN, DEPOSES AND SAYS THAT HE/SHE IS A NEWSPAPER REPRESENTATIVE FOR THE BEAUMONT ENTERPRISE; THAT SAID NEWSPAPER REGULARLY PUBLISHED IN JEFFERSON COUNTY CIRCULATED IN JEFFERSON, HARDIN, TYLER, NEWTON, ORANGE, JASPER, LIBERTY, SABINE, CHAMBERS, SAN AUGUSTINE, ANGELINA AND GALVESTON COUNTY(COUNTIES), TEXAS; THAT THE ATTACHED NOTICE IN SAID NEWSPAPER ON THE FOLLOWING DATE(S), TO WIT: 03-31-18 NEWSPAPER REPRESENTATIVE SWORN AND SUBSCRIBED TO BEFORE ME, THIS 2ND DAY OF APRIL 2018, TO CERTIFY WHICH WITNESS MY HAND AND SEAL OF OFFICE. ,�iHi1111f�/!/�� wAIN c,c y��,,�� THEASTATEBOFCTEXAS D FOR •N C _ tXpiR;�: "th y'ygY �i9L��4ol -/`.�, r, /.U,h�"�s Ccr. 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Bx mo"tprrc Bb[rppyp b [aLLaWS BbO rw.p pTVrYLL/a�Faf mr. mry.� lrLi�i.i310T�Poe""'"0 aOUEy�.�l amp �� Br�Aimm° .M• �.tl. mws ]rd tl.OavdrMtlFM.aNM imwv p"Bw sob".. M�Wpppd�ELL Ym NWprd 11Nmi. n� ID4Mp . Blpn.rllmO bryN 1 •Rw,�wvM, fP' gp{af mBnabplaror PCamu, ,r brm•: mn.h tll'low m4tdps iPNrn�a• n 4al+a` 7 e�aLr°e�MBaxm uxmxc r�wwx anse.a.�.omn L A u BL 151 i of ii / b Publishers Affidavit Acct #073952001 Job =202475001 Tear Sheet Attached Name CITY OF BEAUMONT ACCOUNTING 1047898CLAS B24281524 STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED WHO BEING BY ME DULY SWORN, DEPOSES AND SAYS THAT HE/SHE IS A NEWSPAPER REPRESENTATIVE FOR THE BEAUMONT ENTERPRISE; THAT SMn NEWSPAPER REGULARLY PUBLISHED IN JEFFERSON COUNTY CIRCULATED IN JEFFERSON, HARDIN, TYLER, NEWTON, ORANGE, JASPER, LIBERTY, SABINE, CHAMBERS, SAN AUGUSTINE, ANGELINA AND GALVESTON COUNTY(COUNTIES), TEXAS; THAT THE ATTACHED NOTICE IN SAID NEWSPAPER ON THE FOLLOWING DATE(S), TO WIT: 03-03-18 NEWSPAPER REPRESENTATIVE SWORN AND SUBSCRIBED TO -BEFORE ME, THIS 5TU DAY OF MARCH 2O18, TO CERTIFY WHICH WITNESS MY HAND AND SEAL OF OFFICE. X4�'5'_ NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Ghgrre_, F_� "An�m,�f<< PRINT OR TYPE NAME OF NOTARY PUBLIC MY COMMISSION EXPIRES 4 put hat ;tic an DLit ie's jo- ns. dth Ing see th- „1 its, ies, jht, : of Fes. s. ter- 14 ne, ch- the is a t0 the Ih18 lm- )en 4S the ke" r dth his me Ites are I of sed ing )ed Ists at to ar a )er- me, the ake ' to llm ate, MY out ind Ncq- CLAoc!S01FIEDS.. C I -L (409) 838 2888 to advffke 111111 Gras.�freMBeau#mtEn&�rise.coria 311 2BA Single Family Home Oran4e, TX- LonIFord Editiori, good investment for primary home, rental or flip $b0,000 as Is post Flood. 409-779-9973 5each, Lake Property Few Repo LOTS left 50'x100' Lake Livingston All Utilities Ava INS111 And Owner Financing $795. Down $114.03 Month. Call Frank 936-377-3235 Inconie FOR SALE: RENTAL & FLIP 'Investment Properties* in Golden Triangle4 9-550-4424 Accepting Applications Senior Citizens 62 & u� or handicapped, Now avaiiable Low Income, Efficiency, 1 & 2'Bedroorn Apartments. Ap�ly at 3030 French Rd. all: (409 892-0196 Raintree Tower Apts Equal Housing Opportunity Near Lamar, Hacienda Apt, 1 bedroom start..,, 600. 2 bedroom start.... $600, Call 409.832-0034. 10% BP on $1 S. Horn 3 I.S.D. . equip. equip. rs & from 4 on to I UESDAY MARC14 6th I IAM 70HNSONS MINI STORAGE 2400 baKK 7DyR( 0� 409 883-69480 size $299. The Beaumont (409) 880-1815. Heavy duty Hoveround mobility chair. Perfect condl- tion. Used very little $1,200 nego.409-853-6f24 TRACTS &"SMALLTRACTS of TIMBER Cell 409-383-3288 1- 800-362-3390 r CLEAN AUTO OR PICKUP PAY CASH 409-781-1630 NoticesLegal CITY OF BEAUMONT BEAUMONT, TEXAS `NOTICE OF PUBLICH NGAL RIING• A JOINT PUBLIC HEARING ' WILL BE HELD BY THE CITY COUNCiLAND PLANNING• COMMISSION OF THE CITY OF BEAUMONT ON: DATE: Monday, March;t9, 2018 TIME: 3:15 p.m. PLACE: City CouncilChard- ' bars, City Hall, 801 Main Slreet TO CONSIDER THE FOL- LOWING: A rezoning study df . The 1200 block of Gilbert '- Street. Planning Division File: 2329-Z FILED BY: City of Beaumont ' Planning Division LOCATION OF PROPERTY: 1200 Black of G116ed Street ON PROPERTY DESCRIBED AS FOLLOWS: Being Lots 52-54 & Lots 56-60, Black 5 and Lots 51-63 & Lots 67-69, Black 6, CraryAddiQon, Beau most, Jefferson County Texas, containing 2.07acres.. , more or less. TO CONSIDER THE FOL- LOWING: A request for a Spa- . ci0c Use Permit to allow a ; - Hertz Rental car office In NC, blVelghborhood Commercial , slrlet) zoning. Planning Divi- '. sion Fl e: 233 P. FILED BY, Gerald W. Farha 1-T LOCATION OF PROPERTY.' 3390 Harrison Avenue ON PROPERTY DESCRIBED. . AS FOLLOWS: Being Plat D16, Tract 235 out of Tract 225. A. Williams Surrey, Beau-: moot, Jefferson County Texas, containing 0-62 acres'; more or less. TO CONSIDER THE FOL- LOWING: A rezoning study of property located East Lucas. Drive @ Helbig Road. Planning, ' Division File: 2331-Z. No Text ORDINANCE NO. ENTITLED AN ORDINANCE AUTHORIZING THE RATIFICATION FOR THE CONVEYANCE AND DEDICATION OF PRIVATE STREETS LOCATED IN THE SANDLEWOOD SUBDIVISION TO THE CITY OF BEAUMONT, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the City Council of the City of Beaumont, Texas hereby approves the ratification for the conveyance and dedication of private streets located in the Sandlewood Subdivision to the City of Beaumont, Texas, subject to the following condition: • Speed bumps are to be removed. 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 8th day of September, 2020. - Mayor Becky Ames - 91 September 8, 2020 Consider an ordinance granting a new solid waste franchise agreement to Neches Management Services REAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 8, 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 M 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 11 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. Providing 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. Cnrtinn 4 n 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. Sar_tinn 19 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 Spr_tinn 1d 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 IS - 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 8th day of September, 2020. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of ACCEPTANCE: Neches Management Services in (Company Owner/Representative) , 2020. - Mayor Becky Ames - September 8, 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, specifically to allow the Beaumont Children's Museum to open inside the Civic Center BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: September 8, 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). 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 continuein 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 28th day of July, 2020. yor.Becky Ames - M 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, EE 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 My 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 Prulft Center, community centers, Athletic Complex, Tennis Center, the Municipal Court and the Convention and Visitors Bureau facility. The City Council will considerthese closures at the Councli meeting held Monday, March 23, 2020 in the City Council Chambers at 1:30 P.M. . The following �facllifies will remain open to the public for normal operations: Henry Romberg 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 offer March 23, 2020, unless the State of Disaster is earlier terminated, provided however, that Insofar as practical bids, quotations, or estlmates*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 finai.* Section 3. This amendment and supplement shall take signing. effect Immediately upon EXHIBIT "A" - -- ORDERED thisaa-r4ay of March, 2020. AT EST: - M y r Bec Ames - r City ClerkLl September 8, 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 TO: FROM. PREPARED BY: MEETING DATE: City Council Kyle Hayes, City Manager Bart Bartkowiak, Director of Public Works & Technology Services September 8, 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 8th day of September, 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 1 of 3 EXHIBIT "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 overall management 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, 1 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 fhe law of the State of Texas. Article VII: Merger & Severability This Agreementconstitutes 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 Agreementwill 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: AGREED: City of Beaumont Beaumont ISD By: By: Kyle Hayes, City Manager Shannon Allen, Superintendent Date: Date: Interlocal Agreement Regarding School Crossing Guards: City of Beaumont & Beaumont IS Page 3 of 3 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 September 8, 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 TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: September 8, 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 1,801 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 1.2.07.002 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 Nd W:60:Z le OZOZ gtZ qa- ji WPM.? -7�- tit V. T-0 3 pi gio 54- vsu Nkits, lift I L 10 sir j. -06 Kr Ir IFA, 4t* 4 �,ti�� y _� :'x�•d.. :` _ - �. _. _ •yam• ,� j r ask w. _ Z v C`.{-y�,, �-.Cie^. t j.���+ w:..��•�, v� +r,� � - ,�. r •: A �y jai, •.-_ta... eb 24, 2020 at 2:09:02 PM '++V �..'�.. '''S•T,::'-�/��-" a. ,i'�} ` y�•1-'f1n ,� �.y. _.`. 4 .ter-: ±rs..'_ZY - �ti: L � . _ ..`. f � \r 1gj.fji•y��iil T C!w� 4 �N. l All rah r .( rK , ,'. �ylf� '': ;' � , � �,r,' r;. �',y t �, •;• - ".fir' rn rK ' '•��fiT� ��}f�� i����•�r � %7��a•,,�i''�LLLttt,�a��fff••••••(((„'{YYRRR/)))---tt4aay„/i I -k yr,}. "•,1''� .,i• •e_ 'i'�y'.'..:i�`: ! ' .� n _ ram_ ••� may...•. •'L •.�t �,. V?. � ,� �. • yl 1. 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Lft 1230 Chamberlin D Beaumont TX 7770 r'•w United State AV . -, .. •--fir u •�• -- r t � 4 x` _ .. ._�.� ---� _�.—� �• ram.. �Y _�r.•y r_ mil_ • � _ � �A -4 b v- � < r=-ice '7�� ' ' � * J�•f • j`:�� i �� - f - 5.�..� _ 1 ,^ / . ( ! t t' i r 1' � ; J`�1 � 7 ` �Jt �. • ,1 't!}� ��- e•�• Lff i � Srr t.•-.•'����' � 1� � �j. 11 M rJ � %t � ��. \� �' �. - (! •�J 1, J.. . 1' � I t r ^V •. . .`y�`If�f fy,. ��i tl,;x � e1:'t��rg°``+f�! •,��IF,�"�+� � + ��\,! �� ,1�! �'!/:•� '`y t•• �` 1 •J i y' �J,U 115, 202 11 J A ��; ° s• 1'2_O-mber jED �,. B . TX70 ;. United fate Gulf • 3i• ♦ 1 �� ��. 3035 W. Lucas VIOLATIONS: Excessive Litter Rodent Harborage I E NER pi 47; 111 �W ' _ .wj_—, ''r. __ _ - -i L. `•' � - .c - j _ "�•`�.1�i''�'�.�'� r.�=`'7'..p'.�' —t;� _�ti,� :_+: -1�:� �'rs+�Fy� 7 z wl%4� r 0 77 74w Zf Zfc--. :t� I irli 1p— S, — WC-1-0,P7121 0 p 3035 Lucas-1 Beaumont TX- 717(', UniteLlSjhtj 49:0 I Mmm '70W . . . . . . . . . . . . No Text I I • No Text :��111�'�•���:� j , No Text 4 �h JI t X _ i a t• 'tom • �•: r� `~M'� .� Tyr., � ;G �• JM • ''�•,'yf4;. i 41 '�.'r �� - '.y• f �; M.�, •.yt fir.' .,. 400 ��• • •Ir Cis �i .•t., ^. IL Ta ,y`,. - :.p �� +M�a y �y 1 +,1� R t',• Iv r , i.`: � • • ~} S_'Mr �"�•y � '" 1 p�' �i t �V.i��v` •;� _�- tI � }+r„'a,., 't���,'• •y'1 r � � ORDINANCE NO. 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: Section 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 1-4-5 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. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 5. 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 8th .day of September, 2020. - Mayor Becky Ames PUBLIC HEARING Receive comments on the proposed Reinvestment Zone Tax Abatement Policy for the City of Beaumont 0 September 8, 2020 Consider a resolution adopting the Reinvestment Zone Tax Abatement Policy for the City of Beaumont BEAUMONT TO: City Council - FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 8, 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 8th day of September, 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 ofBeaumolit 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 policyimplementation 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.bf 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 1. 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 fiom-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 proposee-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 forth 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: PERCENT OF CREATED VALUE TO BE ABATED 100% for 2 yrs. after project completion 100% for 3 years 100% for 4 years Individual Case Basis NUMBER OF NEW CAPITAL COST OF FULL-TIME .JOBS THE PROJECT (OR) TO BE CREATED $ 0 - $ 500,000 Not Applicable $ 50%001 - $2,000,000 20-30 $2X0,001 - $3,500,000 31-40 $3,500,001 - $5,000,000 41-50 $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 §361601 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 Abatement Years Minimum -of $250,060- 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 maycancel 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 properly 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. 3 (2) Furnish the Governmental Entity with a written -statement that tax -abatement will- -be a significant factoHn 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 Entityagree to grant an abatement to the Real Property Owner after compliance with the procedure outlined above, then: (1) Subjectto 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 accessao. 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 4: 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. Allinspections 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 maybe 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 contractis 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. Mon. 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.offiset 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 inthe 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 _lie 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 isdeposited 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 City 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 theextent 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. 6 Part I — Applicant Information Application Date . Company Name: Address: Telephoner Current Number of Employees: Annual Sales: Employees in Taxing Jurisdiction: Beaumont Address: Years in Jefferson County: Legal Counsel: Address: Telephone: Corporation 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? O No O 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. 7 Part.H — Project Information Location Address: Legal Description: TaxAcet. Numbers: Attach statementfully explainingproject, describe existing site and improvements describe all proposed 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 Central Administrative office services Manufacturing Distribution Brown fields site Other Describe product or sei vice to be provided: Part III Economic Information Construction Estimate:. Contractor: Start Date: Contract Amount:: Completion Date: Peak Construction Jobs: If Modernization: Estimated current economic life of structure years. Added economic life from modernization years PermanentJob 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 21080 hours annually within the City's taxing jurisdiction.) Provide information, if available on new employee needs; 0. g. skilled vs. non -skilled, level of education experience, etc.; _- M_ any training the company will provide:to.its now employees; (3) attach a list .ofnew 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 youwillbe requesting from 8 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 6. 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 designatedamount ("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 teen of the Contract; (b) an explanation as to.how-the Project will provide a Ion g 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 significantfactor in determining whether the Project for the development; redevelopment or improvement- of the Real Properly will. take place. (3) Agree to execute a Contract with the Government Entity containing the covenants and -conditions required by the Govermrental Entity. Company Representative to be Contacted: Authorized Company Official: Name: Authorized Signature Title: Name and Title Address: Telephone: 9 WORK SESSION Review and discuss the proposed FY 2021 Budget WORK SESSION Review and discuss panhandling and campsites on properties not owned by the City of Beaumont