HomeMy WebLinkAbout09/22/2020 PACKETBEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS CITY HALL 801 MAIN STREET
TUESDAY, SEPTEMBER 22, 2020 1:30 PM
CONSENT AGENDA
Approval of minutes — September 15, 2020
* Confirmation of board and commission member appointments
Appointment of Erika Harris as an Alternate to the Planning and Zoning Commission removing
Cory Crenshaw. The term will commence September 22, 2020 and expire September 3.0, 2021
(Mayor Becky Ames)
A) Approve the purchase of a new employee workforce management software system from
Kronos, Inc.
B) Approve the purchase of a data storage system from Sirius Computer Solutions, Inc.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT Corey Crenshaw is to be removed as an Alternate to the Planning and Zoning
Commission and is to be replaced by Erika Harris. The term will commence September
22, 2020 and expire September 30, 2021.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
September, 2020.
- Mayor Becky Ames -
0
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services
MEETING DATE: September 22, 2020
REQUESTED ACTION: Council consider a resolution approving the purchase of a new
employee workforce management software system, Kronos
Workforce Dimensions, from Kronos, Inc. for use citywide.
BACKGROUND
Human Resources, Finance, and Benefits currently use several different software solutions to
manage the City of Beaumont's payroll, onboarding, timekeeping, ACA requirements, and other
employee management needs. The existing software, in many cases, is more than twenty years
old and no longer capable of providing the needed features as required by the City. Kronos'
Workforce Dimensions suite will allow users to consolidate all the independent software
packages into one integrated suite. In addition„ the Kronos Workforce Dimensions suite will
allow users to track employee's time, accruals, benefits information, and other information more
efficiently and accurately, resulting in a significant savings of time and resources.
Kronos' Workforce Dimensions, along with multiple other software vendors, have. been
reviewed. The Workforce Dimensions suite was found to provide all the necessary components
to meet the City's needs. In addition, Workforce Dimensions is an upgrade of the City's existing
software solution, allowing the existing timeclock hardware to stay in place:
The cost of the Kronos Workforce Dimensions is $210,332.35, including a one-time cost of
$68,477.50 and a first -year software subscription cost of $141,854.85. Second -year software
subscription cost is approximately $189.139.80.
The software will be purchased utilizing the US Communities/Omnia cooperative contract.
FUNDING SOURCE
General Fund, Municipal Court Technology Fund, and Water Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a Kronos Workforce
Dimensions employee workforce management software system through the US
Communities/Omnia cooperative contract, for use by all City Departments, from Kronos,
Inc., of Lowell, Massachusetts, in the amount of $210,332.35.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
September, 2020.
- Mayor Becky Ames -
B
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology. Services .
MEETING DATE: September 22, 2020
REQUESTED ACTION: Council consider a resolution approving the purchase of a data
storage system from Sirius Computer Solutions; Inc. for use
citywide.
BACKGROUND The current data storage system that supports all City 'departments went live in 2012. This
system has reached its end of life and needs to be replaced.. The new system will provide
updated technology for our current software products for storage of files and databases.. It will
also provide additional storage to. accommodate growth.
Pricing was obtained through the State of Texas Department of Information (DIR). DIR
provides cities and political subdivisions with the means to purchase information technology at
volume prices contracted under the procurement statutes of the State of Texas.
Total project cost for the new system will be $150,000.
FUNDING.SOURCE
General Fund.
'RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a data storage system through
the State of Texas Department of Information Resources (DIR) contract, for use by all
City Departments, from Sirius Computer Solutions, Inc., of Houston, Texas, in the amount
of $150, 000.00
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
September, 2020.
- Mayor Becky Ames -
BEAUMONT
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS CITY HALL 801 MAIN STREET
TUESDAY, SEPTEMBER 22, 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, 6-9/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider an ordinance adopting the FY 2021 Budget by a record vote
2. Consider a resolution adopting the 2021 Capital Program
3. Consider an ordinance accepting the tax roll and establishing the property tax rate
for the tax year 2020 (FY 2021)
4. Consider an ordinance ratifying the budgeted property tax increase reflected in the
FY 2021 Budget -
5. Consider a request fora Specific Use Permit to allow a gaming facility in a GC- -
MD (General Commercial - Multiple Family Dwelling) District located at 4705
Magnolia Avenue
6. Consider a resolution authorizing the City Manager to execute an Earnest Money
Contract and other related documents for the sale of city -owned property located
at 3455 Sarah Street
7. Consider a resolution approving the write off of uncollectible delinquent accounts
8. Consider an ordinance granting a new solid waste franchise agreement to Neches
Management Services
9. Consider amending Ordinance No. 20-031 related to the Public Health Emergency
Disaster Orders for the City of Beaumont and opening certain City facilities
COMMENTS
Public Comment (Persons are limited to 3 minutes)
Councilmembers/City Manager/City Attorney comment on various matter
EXECUTIVE SESSION
* To discuss and or deliberate economic development negotiations in accordance
with Section 551.087 of the Government Code to wit; specifically:
Suez Water Technologies and Solutions seeking incentives for their
facility on College Street, west of the Beaumont Municipal Airport
* 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 22, 2020
Consider an ordinance adopting the FY 2021 Budget by a record vote
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: September 22, 2020
REQUESTED ACTION: Council consider an ordinance adopting the FY 2021 Budget by a
record vote.
BACKGROUND
Article VI, Section 8 of the City Charter states that "the budget shall be adopted by the favorable
votes of at least a majority of all members of the Council." Section 9 states that "the budget shall
be finally adopted not later than the twenty-seventh (27th) day of the last month of the fiscal
year. Should the Council take no final action on or prior to such day, the budget as submitted by
the City Manager shall be deemed to have been finally adopted by the Council." Also, SB 1760
provides that if the tax rate exceeds the no new revenue tax rate, the vote on the ordinance setting
the tax rate must be a record vote and must be approved by at least 60 percent of the members of
the governing body. If the tax rate vote fails, then the lower of the no new revenue tax rate or
prior year tax rate will be the tax rate.
Section 102.007 of the Government Code requires the vote to adopt a budget to be a record vote.
In addition, the adopted budget will contain a cover page that includes the statement on whether
the budget will raise more, less or the same amount of property taxes as the prior year, the record
vote of each member of council by name, property tax rates for the preceding and current fiscal
years, the no new revenue tax rate, the no new revenue maintenance and operations tax rate, the
voter approval tax rate, and the debt rate, along with the amount of debt secured by property
taxes. This information is required to be posted on the city's website and remain there for one
year after adoption of the budget.
The FY 2021 Budget was submitted to Council on August 11, 2020 and reviewed during a work
session on September 8, 2020. A public hearing was held on September 15, 2020, which met
the requirements of the Charter and state law.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE REFERRED TO AS THE
"ANNUAL APPROPRIATION ORDINANCE" ADOPTING A
BUDGET FOR THE FISCAL PERIOD BEGINNING
OCTOBER 1, 2020, AND ENDING SEPTEMBER 30, 2021,
IN ACCORDANCE WITH THE CHARTER OF THE CITY OF
BEAUMONT; APPORTIONING THE FUNDS OF THE CITY
OF BEAUMONT; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH AND
PROVIDING FOR SEVERABILITY.
WHEREAS, the City Manager of the City of Beaumont submitted to the City
Council a budget estimate for the revenues of said City and expenses of conducting the
affairs thereof for the fiscal year beginning October 1, 2020, and ending September 30,
2021; and,
WHEREAS, after notices and public hearings held in accordance with the
requirements of the Charter of the City of Beaumont and the statutes of the State of
Texas, the City Council is of the opinion that the budget, as attached hereto as Exhibit
"A", should be adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
THAT the statements and findings set out in the preamble to this ordinance are
hereby, in all things, approved and adopted.
Section 2.
That Exhibit "A" made a part hereof for all purposes is hereby adopted, ratified and
approved as the operating budget document of the City of Beaumont. Exhibit "A" is
hereby adopted and approved as the budget of all the correct expenses as well as the
fixed charges of the City for the fiscal period beginning the 1 st day of October, 2020, and
ending the 30th day of September, 2021, and the several amounts stated in Exhibit "A"
as proposed expenditures shall be and become appropriated to the several objects and
purposes therein named. Notices given, as required for the adoption of said budget, are
hereby ratified.
Section 3.
That the sums indicated are appropriated from the following schedule of funds:
a. General
b. Debt Service
C. Water Utilities
d. Water Revenue Bond Reserve Fund
e. Solid Waste
f. Hotel Occupancy Tax
g. Municipal Airport
h. Municipal Transit
i. Other Special Revenue
j. Capital Reserve
k. Fleet Management
I. Employee Benefits
M. General Liability
Section 4.
$131,940,700
(includes $1.5 million contingency)
$15, 972,400
$53,548,500
$3,637,300
$12,664,900
$3,203,700
$1,095,000
9,524,400
$14,655,807
$7,507,700
$9,561,000
$23,964,000
$939,200
That the City Manager is hereby authorized to transfer budgeted funds from one
line item to another line item provided the transaction is not an inter -fund transfer.
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 in no way affect the remaining portions of this
ordinance, and to such end the provisions of this ordinance are declared to be severable.
Section 6.
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 22nd day of
September, 2020.
- Mayor Becky Ames -
CITY OF BEAUMONT, TEXAS
Fiscal Year 2021
PROPOSED
ANNUAL OPERATING BUDGET
October 1, 2020 - September 30, 2021
City Council
Becky Ames, Mayor
W. L. Pate, Jr., At Large
Randy Feldschau, At Large
Taylor Neild, Ward I
Mike Getz, Ward II
Audwin M. Samuel, Ward III
Robin Mouton, Ward IV
Kyle Hayes, City Manager
In accordance with Local Government Code Sec. 102.005(b):
This budget will raise more revenue from property taxes
than last year's budget by $1,460,000 or 2.81 % and
included in that amount $549,767 is tax revenue to be
raised from new property added to the tax roll this year.
EXHIBIT "A"
2
September 22, 2020
Consider a resolution adopting the 2021 Capital Program
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer I
MEETING DATE: September 22, 2020
REQUESTED ACTION: Council consider a resolution adopting the 2021 Capital Program.
BACKGROUND
Article VI, Section 20 states that "the Council shall, by resolution, adopt the Capital Program
with or without amendment after the public hearing and on or before the twenty-seventh (27th)
day of the last month of the current fiscal year."
The Capital Program was originally submitted to Council on May 15, 2020. It was submitted to
Council on August 11, 2020 with the Budget and reviewed during a work session on September
8, 2020. A public hearing was also held on September 15, 2020.
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 2021 Capital Program is hereby adopted. The Capital Program is substantially
in the form attached hereto as Exhibit "A." The Capital Program was originally submitted
to Council on May 15, 2020 with a public hearing held on September 15, 2020.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
September, 2020.
- Mayor Becky Ames -
BEAUMONT
TEXAS
August 11, 2020
City Council:
The proposed Capital Program for Fiscal Years 2021-2025 is hereby submitted. The Capital
Program is a plan prepared annually to provide for physical development within the City of
Beaumont. The City Charter requires the submission of the Capital Program to Council
three (3) months prior to the final date for submission of the budget, which is August 15th
of each year. The Program is adopted with the annual operating budget.
The Capital Program includes a listing of all Public Works, General Improvements and
Water and Sewer improvement projects along with project descriptions and cost estimates.
Public Works includes street and storm water drainage projects; General Improvements
include general municipal buildings; facility and park improvements.. Water and Sewer
includes all projects related to water and sewer infrastructure.
Projects are classified in two phases: design or construction, or projects for
consideration. A project classified in the design or construction phase is currently under
design or construction or is projected to be within the recommended time schedule.
Projects classified as for consideration includes projects that will be considered in the
future as funding becomes available. Some projects in this category have been designed
or have some costs incurred such as the acquisition of rights -of -way or real property.
All available funding sources are considered including Certificates of Obligation, grant
funding from various agencies, Water and Sewer Revenue Bonds, other financing methods
and available cash.
The City normally issues Certificates of Obligation (CO's) on an as needed basis, to provide
sufficient cash flow for active Public Works and General Improvement projects.
The City routinely issues Water Revenue Bonds for Water and Sewer projects on an as
needed basis. This type of bond is serviced utilizing revenues from water and sewer
customers.
EXHIBIT "A"
Through projects in the Capital Program, the City of Beaumont strives to enhance the quality.
of life for its residents. This plan represents our best effort to identify projects that provide
the greatest benefit to the citizens of Beaumont.
Respectfully Submitted,
Kyle Hayes
"City Manager
PUBLIC WORKS PROJECTS
Design or Construction Phase
FHWA Harvey Street Repairs
Street Rehabilitation Program
Washington - IH-10 to ML King Jr. Parkway
Projects for Consideration
Avenue A - Washington to College
Broadway - ML King Jr. Parkway to 11th
Doucette Avenue'- Sycamore Street to Van Buren Avenue
Dowlen - College to IH-10
Fourth Street - US 69 to Ashley
Gladys Street - IH-10 to Dowlen
Highland Avenue - US 69 to Euclid
Jim Gilligan - ML King Jr. Parkway to Jimmy Simmons
Pointe Parkway North
Voth Road - RFD to Tram
Recommended
Estimated Time Schedule
Cost FY 2021
$ 2,750,000 [1]
7,500,000
31,200,000 [2]
1,900,000
1,400,000
800,000
29,900,000
6,500,000
3,500,000
3,800,000
1,500,000
4,800,000
1,400,000
FY 2021 - 2025
[1] Funded 80% by the Federal Highway Administration and the City match of 20% from remaining bond proceeds.
[2] Funded with Airport Oil and Gas Revenue.
Note - Unless otherwise noted, all projects would be financed through Certificates of Obligation.
9.qs
GENERAL IMPROVEMENT PROJECTS
Design or Construction Phase
Fleet Facility Parking Lot Improvements
Riverfront Park Improvements
Tyrrell Park Visitors and Birding Center
Projects for Consideration
[1] Funded with available cash and bond proceeds. Work to be done in phases.
[2] Funded 90% by FEMA and 10% by the City with remaining bond proceeds.
[3] Funded with Hotel Occupancy Taxes.
Estimated
r,f%cf
$ 2,500,000 [1]
28,150,000 [2]
1,750,000 [3]
Recommended
Time Schedule
FY 2021
FY 2021 - 2025
9�R
WATER AND SEWER PROJECTS
Design or Construction Phase Estimated
Cost
Water Projects
Dead End Flushing
New Raw Water Delivery Line
New Raw Water Pump Station
Rehabilitation of West Elevated Storage Tank
Water Line and Fire Hydrant Installation/Replacement
Water Production System - Repairs
Sewer Projects
Assessment of Sewer Collection System Phase II - City Wide
Lift Station Repairs
Sewer Main Rehabilitation
Spindletop, Forrest and Long, French Road, ML King Jr. Parkway, and
Verone Street Lift Station Rehabilitation
Wall and Avenue C Lift Station
Wastewater Treatment Plant Automatic Transfer Switches
Wastewater Treatment Plant Pump Replacement and Renewal
Wastewater Treatment Plant Sludge Dewatering Phase II
Wastewater Treatment Plant Trickling Filters Rehabilitation
Water/Sewer for Street Projects
Washington - IH-10 to ML King
150,000
15,000,000 [1]
21,000,000 [2]
1,100,000
1,000,000
1,400,000
650,000
300,000
6,000,000
1,100,000
1,900,000
450,000
1,150,000
650,000
2,000,000
3,700,000
Recommended
Time Schedule
FY 2021
[1] Federal funding has been applied for in the amount of $9.8 million.
[2] Funded 90% by FEMA (pending) and 10% by the City with available cash or Water and Sewer Revenue Bonds.
Note - Unless otherwise noted, all projects would be financed through Water and Sewer Revenue Bonds
237
WATER AND SEWER PROJECTS
Projects for Consideration
Sewer Projects
Assessment of Sewer Collection System Phase III - City Wide
Florida Avenue Interceptor Phase II
Wastewater Treatment Plant - Pond No. 2 Rehabilitation
Wastewater Treatment Plant Road Repairs
Wastewater Treatment Plant Sludge Dewatering Phase III
Water Protects
West Side Water Treatment Plant
Water/Sewer for Street Projects
Dowlen - College to IH-10
Pointe Parkway North
Estimated
Cost
$ 650,000
1,400,000
3,800,000
600,000
1,400,000
100,000,000 [1]
4,000,000
650,000
Note - All projects would be financed through Water and Sewer Revenue Bonds
[1] CDBG Funds are being applied for with a 1 % match requirement, up to $100 million
Recommended
Time Schedule
FY 2021 - 2025
238
PUBLIC WORKS PROJECTS
AVENUE A — WASHINGTON TO COLLEGE
The section of Avenue A, from Washington to College, is a two-lane; two-way collector roadway
that has reached the end of its useful life and has many pavement failures. This section of roadway
will receive an asphalt overlay. The estimated cost for the project is $1,900,000.
BROADWAY STREET — MIL KING JR. PARKWAY TO 11T"
This section of Broadway Street reached the end of its useful life and has many pavement failures.
The roadway will receive an asphalt overlay. The estimated cost for the project is $1,400,000.
DOUCETTE AVENUE — SYCAMORE STREET TO VAN BUREN AVENUE
The section of Doucette Avenue, from Sycamore Street to Van Buren Avenue, is a two-lane, one-
way residential roadway. This section has reached the end of its useful life and is beginning to
experience pavement failures. This section of roadway will receive an asphalt overlay. The
estimated cost for the project is $800,000.
DOWLEN — COLLEGE TO IH-1 O
The extension of Dowlen Road, to south of College, is needed to provide an additional north/south
corridor in the developing southwest area of the City. Specifically, it will extend from College to IH-
10. This project will consist of the construction of a concrete curb and gutter roadway and
installation of storm sewer lines, inlets, manholes, city utilities and sidewalks. The estimated cost
for the project is $29,900,000. The cost for water infrastructure is shown under Water and Sewer
Projects.
FHWA HARVEY STREET REPAIRS
Portions of Piney Point Lane, Pine Street, Tram Road, Griffing Road, Old Voth Road and Sherwood
Drive were damaged during Tropical Storm Harvey. The Federal Highway Administration (FHWA)
is providing 80% of the funding to perform the repairs with a 20% match of City funds. The estimated
total cost for the repairs is $2,750,000.
FOURTH STREET — US 69 TO ASHLEY
The section of Fourth Street, from US 69 to Calder, is a four -lane Major Arterial, and from Calder
to Ashley, is a two-lane roadway. The roadway has reached the end of its useful life and has many
pavement failures. Fourth Street will receive an asphalt overlay. The estimated cost for the project
is $6,500,000.
239
GLADYS STREET - IH-10 TO DOWLEN
The section of Gladys Street, from IH-10 to Edson, is a four -lane concrete curb and gutter roadway.
The section from Edson to Dowlen, is a two-lane asphalt roadway with curbs and gutters. This
section has reached the end of its useful life and is beginning to experience pavement failures. This
section of Gladys will receive an asphalt overlay. The estimated cost for the project is $3,500,000.
HIGHLAND AVENUE — US 69 TO EUCLID
The section of Highland Avenue, from US 69 to Euclid, is a four -lane Arterial roadway. This section
has reached the end of its useful life and has many pavement failures. Highland Avenue will receive
an asphalt overlay. The estimated cost for the project is $3,800,000.
JIM GILLIGAN — ML KING JR. PARKWAY TO JIMMY SIMMONS
The section of Jim Gilligan, from ML King Jr. Parkway to Jimmy Simmons, is a four -lane Arterial
roadway. This section has reached the end of its useful life and is beginning to experience
pavement failures. This section of roadway will receive an asphalt overlay. The estimated cost for
the project is $1,500,000.
POINTE PARKWAY NORTH
Pointe Parkway North will directly tie into Northwest Parkway and provide a direct interconnection
with Highway 105. The project will include the construction of a curb and gutter roadway, storm
sewer infrastructure, water and sewer infrastructure and sidewalks. The estimated cost for the
project is $4,800,000. The cost for water and sewer infrastructure is shown under Water and Sewer
Projects.
STREET REHABILITATION PROGRAM
Improvements will be identified on an annual basis. Improvements may include concrete curb and
gutter repairs; concrete pavement repairs; re -installation of brick pavers; and asphalt overlay
projects. The City will spend an estimated $7,500,000 per year.
VOTH ROAD — RFD TO TRAM
The section of Voth Road, from RFD to Tram, is a two-lane Major Collector with an asphalt surface.
This section has reached the end of its useful life and is beginning to experience pavement failures.
Voth Road will receive an asphalt overlay. The estimated cost for the project is $1,400,000.
WASHINGTON - IH-10 TO ML KING JR. PARKWAY
Washington Boulevard from IH-10 to ML King Jr. Parkway is a heavily traveled four -lane roadway
that provides access from the east to the west ends of Beaumont. The current roadway has a
combination of continuous left -turn lanes, left -turn lanes at major intersections and sections with
no left -turn lanes. The existing pavement has numerous failures and requires rehabilitation. The
project has been divided into two phases. Phase I is complete from ML King Jr. Parkway to Amarillo
Street. Phase II is from Amarillo Street to IH-10 and includes improvements to Corporate Drive and
Executive Boulevard. The total cost for the project is $31,200,000.
94n
GENERAL IMPROVEMENT PROJECTS
FLEET FACILITY PARKING LOT IMPROVEMENTS
The concrete paving and driveways have reached the end of their useful life and have been
experiencing numerous pavement failures. This project consists of a reconstruction of parking lot
areas, drive access, and the addition of a storm water collection system. The estimated cost for
the project is $2,500,000; however, the project will be conducted in phases. Different phases of this
project would be paid for with available cash or financed through Certificates of Obligation.
RIVERFRONT PARK IMPROVEMENTS
The City is working with FEMA and the Corp of Engineers on stabilizing the shoreline along
Riverfront Park, which was substantially damaged as a result of Hurricane Harvey. The estimated
cost for the stabilization is $28,150,000. This project will be primarily paid for with funding from
FEMA and the difference is projected to be paid from Certificates of Obligation that were issued in
2013. The City is also planning to construct pedestrian/bike paths, landscaping and lighting
improvements.
TYRRELL PARK VISITORS AND BIRDING CENTER
A portion of the Tyrrell Park Community Building (approximately 6,432 square feet, including the
porch areas) will be restored to its near original condition. The back portion of the building (south
wing) will be an open courtyard. The building will be used as a visitor center for those visiting
Tyrrell Park and Cattail Marsh. The Visitors and Birding Center will have displays and information
about Cattail Marsh; birding species identified at the natural wetlands; park amenities and area
attractions. The estimated cost is $1,750,000. This project will be paid for by utilizing excess fund
balance in the Hotel Occupancy Tax Fund.
241
WATER AND SEWER PROJECTS
ASSESSMENT OF SEWER COLLECTION SYSTEM PHASE II & III — CITY WIDE
Develop and implement a multiyear program for achieving and sustaining compliance with TCEQ
and U.S. EPA requirements for control of sewer overflows from the collection system. Phase II
includes flow monitoring and development of a hydraulic model. The estimated cost for the project
is $650,000. Phase III includes additional flow monitoring and calibration of the hydraulic model.
The estimated cost for this project is another $650,000.
DEAD END FLUSHING
Federal and State regulations require the City of Beaumont to maintain chlorine residual in the
water distribution system. The dead-end lines in the system are required to be flushed on a monthly
basis to aid in maintaining the required disinfectant residual and protecting public health and safety.
The estimated cost for the project is $150,000 per year.
FLORIDA AVENUE INTERCEPTOR PHASE 11
The Florida Avenue Interceptor was constructed in 1947. Phase II is approximately 2,400 linear
feet consisting of 21, 24 and 27-inch concrete pipe. The interceptor extends from the Florida
Avenue Lift Station to University Drive. This project was initiated due to failing joints, and a large
number of cavities in the existing concrete pipe causing infiltration of storm water, interrupting
service, increasing the number of overflows and impacting the Florida Avenue Lift Station's
efficiency. The estimated cost for the project is $1,400,000.
LIFT STATION REPAIRS
The City of Beaumont owns, operates, and maintains 76 sewer lift stations throughout the City.
This project will rehabilitate deteriorated stations that require constant maintenance. The estimated
cost for the project is $300,000 per year.
NEW RAW WATER DELIVERY LINE
If the New Raw Water Pump Station is built, a new 42-inch raw water line will need to be constructed
from the pump station to the Water Production Plant located on Pine Street near Interstate 10. The
estimated cost of this project (construction and engineering) is $15,000,000. The City has applied
for federal funding in the amount of $9.8 million to be used towards the cost of this project. Water
Revenue Bonds will pay for the project if federal funds are not approved and will make up any
difference between federal funds that may be provided and the total project cost.
242
NEW RAW WATER PUMP STATION
A new 30 MGD (million gallons per day) Pump Station would be constructed near Pine Street and
Collier's Ferry Park. A new pump station is necessary in order to have a more resilient raw water
source from the Neches River. The Lawson Pump Station, as well as the Loeb Pump Station, failed
during Hurricane Harvey due to flooding. This new pump station would be constructed on higher
ground and serve as the City's main pump station for raw water. The estimated cost of this project
(construction; engineering and special services) is $21,000,000. The City is trying to secure funding
and approval from FEMA (Federal Emergency Management Agency) to pay for most of the project.
Water Revenue Bonds will pay for the project if FEMA funds are not approved and will make up
any difference between FEMA funds that may be provided and the total project cost.
REHABILITATION OF WEST ELEVATED STORAGE TANK
This project will rehabilitate the interior and exterior of the West Elevated Storage Tank located just
east of IH-10 at Laurel Avenue. The estimated cost for the project is $1,100,000.
SEWER MAIN REHABILITATION
The City of Beaumont owns, operates, and maintains 743 miles of sewer lines that range in size
from 6 to 72 inches. Some of these lines were built in the early 1950's and have exceeded their life
expectancy. This project will aid in rehabilitating 60,000 linear feet of sewer pipe per year for a five-
year period. The estimated cost for the project for fiscal year 2021 is $6,000,000.
SPINDLETOP, FORREST AND LONG, FRENCH ROAD, ML KING JR. PARKWAY AND VERONE
STREET LIFT STATION REHABILITATION
This project will provide for the rehabilitation of five sewer lift stations. They are the Spindletop,
Forrest, Long, ML King Jr. Parkway, and Verone Street lift stations. The estimated cost for the
project is $1,100,000.
WALL AND AVENUE C LIFT STATION
This project will provide for the construction of a new control building at the Wall and Avenue C lift
station, and installation of all new electrical equipment, new submersible sewage pumps, and
modification to the existing wet well structure. The existing control equipment, located inside the
existing dry pit, will be removed and salvaged. The estimated cost for the project is $1,900,000.
WASTEWATER TREATMENT PLANT AUTOMATIC TRANSFER SWITCHES
This project will replace the existing manual transfer system for both generators at the plant with a
medium voltage and a low voltage automatic transfer switch, including the installation of a
prefabricated building to house the new equipment. The estimated cost for the project is $450,000.
WASTEWATER TREATMENT PLANT - POND NO.2 REHABILITATION
This project will remove accumulated solids, re -grade pond bottom, and install new aeration
equipment. The estimated cost for the project is $3,800,000.
243
WASTEWATER TREATMENT PLANT PUMP REPLACEMENT AND RENEWAL
This project will provide for the replacement of five pumps and four motors at the Wastewater
Treatment Plant that deteriorated and need major repairs. The estimated cost for the project is
$1,150,000.
WASTEWATER TREATMENT PLANT ROAD REPAIRS
The roads inside the Wastewater Treatment Plant were constructed in the early 1950's. The roads
have reached the end of their useful life and are beginning to experience pavement failures due to
major construction projects inside the plant. The roads will receive an asphalt overlay. The
estimated cost for the project is $600,000.
WASTEWATER TREATMENT PLANT SLUDGE DEWATERING PHASE II & III
Phase II will reconstruct the existing sludge drying beds, including new concrete walls, media, and
underdrain piping. The estimated cost for the project is $650,000. Phase III will clean the sludge
digesters and replace the existing diffusers at floor level, including new piping, lines, and
modifications to accompany the floor changes. The estimated cost for this project is $1,400,000.
WASTEWATER TREATMENT PLANT TRICKLING FILTERS REHABILITATION
The four tickling filters at the plant have deteriorated and need major rehabilitation. This project will
rehabilitate all the structural elements. The cost of this project is $2,000,000.
WATER LINE AND FIRE HYDRANT INSTALLATION / REPLACEMENT
The City of Beaumont owns and operates 865 miles of water lines. Sixty percent of the water lines
have shown signs of deterioration. This pro -active project will replace deteriorated water lines prior
to failure to ensure uninterrupted service and adequate fire protection to the customers. The
estimated cost for the project is $1,000,000 per year.
WATER PRODUCTION SYSTEM — REPAIRS
The City owns, operates, and maintains a water system that consists of canals, deep wells, booster
pump stations, water treatment equipment and a complex control system which requires constant
maintenance, repairs, and replacements. The estimated cost for the project is $1,400,000.
WEST SIDE WATER TREATMENT PLANT
A new water treatment plant to be located on the west side of Beaumont and outside of flood
prone areas would treat surface water provided by the LNVA. The plant would be designed
to provide 15 million gallons per day with the ability for the plant to be scaled up in the
future, if needed. Once online, this plant would replace the Loeb ground water treatment
plant. The estimated cost for this project is $100,000,000. The City plans to submit a grant
application to the State of Texas, General Land Office, for up to $100 million, with the City's
match requirement at 1% or $1 million. The City's portion would be paid for out of available
fund balance or water revenue bonds.
244
WATER/SEWER for STREET PROJECTS
DOWLEN — COLLEGE TO IH-10
This project will replace approximately 650 linear feet of water lines with all related appurtenances.
In addition, this project will extend 16,500 linear feet of water and 16,500 linear feet of sanitary
sewer lines to serve proposed future developments. The estimated cost for the project is
$4,000,000.
POINTE PARKWAY NORTH
The project will install approximately 3,050 linear feet of 10, 15, 24-inch sanitary sewer lines and
3,350 linear feet of 6 and 8-inch water lines with all related appurtenances. The estimated cost for
the project is $650,000.
WASHINGTON - IH-10 TO MIL KING
This project will rehabilitate approximately 7,800 linear feet of sanitary sewer lines and replace 27,000
linear feet of 'water lines with all related appurtenances. The estimated cost for the project is
$3,700,000.
245
3
September 22, 2020
Consider an ordinance accepting the tax roll and establishing the property tax rate for the tax
year 2020 (FY 2021)
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer-4
MEETING DATE: September 22, 2020
REQUESTED ACTION: Council consider an ordinance accepting the tax roll and
establishing the property tax rate for the tax year 2020 (FY 2021).
BACKGROUND
The Jefferson Central Appraisal District submitted the Certified Appraisal Roll on July 22, 2020,
in the amount of $7,883,980,459. Based on this taxable value, a property tax rate of $0.71/$100
valuation for the tax year 2020 (FY 2021) is proposed, which is the current rate. The tax rate
would be apportioned $0.506837/$100 assessed valuation to the General Fund and
$0.203163/$100 assessed valuation to the Debt Service Fund.
As required by Section 26.05 of the Tax Code: The tax rate consists of two components, each of
which must be approved separately by a record vote and at least 60 percent of the governing
body must vote in favor of the ordinance. That ordinance must include the following statement:
"THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS
THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY
2.8% AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A
$100,000 HOME BY APPROXIMATELY $20."
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE ACCEPTING THE TAX
ROLL FOR THE CITY OF BEAUMONT;
ESTABLISHING A TAX RATE; PROVIDING FOR
LEVYING, ASSESSING AND COLLECTING OF AD
VALOREM TAXES FOR THE TAX YEAR 2020 (FY
2021); PROVIDING FOR SEVERABILITY AND
PROVIDING FOR REPEAL.
WHEREAS, the Jefferson County Appraisal District has furnished to the City of
Beaumont the certified tax roll for the City of Beaumont as of July 22, 2020 to be
$7,883,980,459.00; and,
WHEREAS, the City Council finds that the tax roll submitted by the Jefferson
County Appraisal District should be accepted and that a tax rate in the amount of $0.71
per each $100 of value for the tax year 2020 (FY 2021) should be established based upon
said roll; and,
WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE
AND OPERATIONS THAN LAST YEAR'S TAX RATE; AND
WHEREAS, THE TAX RATE WILL EFFECTIVELY BE RAISED BY 2.8
PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A
$100,000 HOME BY APPROXIMATELY $20;
NOW THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
THAT the statements and findings set out in the preamble to this ordinance are
hereby, in all things, approved and adopted.
Section 2.
That the tax roll submitted to the City Council by the Jefferson County Appraisal
District, a summary of which is attached as Exhibit "A", and showing the total net taxable
assessed value of all property within the City to be $7,883,980,459.00 is hereby approved
and accepted by the City of Beaumont.
Section 3.
That there shall be and is hereby levied and shall be assessed and collected for
the tax year 2020 (FY 2021), for municipal purposes only, an ad valorem tax rate of $0.71
on each $100 worth of property value located within the city limits of the City of Beaumont
made taxable by law, which said taxes, when collected, shall be for the purposes
hereinafter set forth as follows:
General Fund $0.506837/$100
Debt Service Fund $0.203163/$100
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 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 22nd day of
September, 2020.
- Mayor Becky Ames -
91
September 22, 2020
Consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2021
Budget
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: September 22, 2020
REQUESTED ACTION: Council consider an ordinance ratifying the budgeted property tax
increase reflected in the FY 2021 Budget.
BACKGROUND
Section 102.007 of the Local Government Code includes the following: "Adoption of a budget
that will require raising more revenue from property taxes than in the previous year requires a
separate vote of the governing body to ratify the property tax increase reflected in the budget. A
vote under this subsection is in addition to and separate from the vote to adopt the budget or a
vote to set the tax rate required by Chapter 26, Tax Code, or other law."
The current tax rate of $0.71 per $100 assessed will remain at $0.71 per $100 of assessed
valuation. The budgeted revenue from property taxes is expected to be $1,460,000 more than FY
2020. Of this amount, $549,767 is attributable to new property added to the tax roll this year.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE RATIFYING THE BUDGETED
PROPERTY TAX INCREASE REFLECTED IN THE FY 2021
BUDGET.
WHEREAS, the proposed FY 2021 budget will raise more total property taxes than
last year's budget by $1,460,000.00 or 2.8%; and,
WHEREAS, the adoption of a budget that will raise more revenue from property
taxes than in the previous year requires a vote separate from and in addition to the vote
to adopt the budget;
NOW THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
THAT the statements and findings set out in the preamble to this ordinance are
hereby, in all things, approved and adopted.
Section 2.
That the property tax increase reflected in the budget which will raise more total
property taxes than last year's budget by $1,460,000.00 be and the same is hereby, by
separate vote, ratified.
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 22nd day of
September, 2020.
- Mayor Becky Ames -
5
September 22, 2020
Consider a request for a Specific Use Permit to allow a gaming facility in a GC -MD (General
Commercial - Multiple Family Dwelling) District located at 4705 Magnolia Avenue
BEAUMONT
TEXAS
TO:
City Council
FROM: Kyle Hayes, City Manager
C1�3
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: September 22, 2020
REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a
gaming facility in a GC -MD (General Commercial - Multiple
Family Dwelling) District located at 4705 Magnolia Avenue.
BACKGROUND
Jisan Makanojiya has requested a Specific Use Permit to allow a gaming facility at 4705
Magnolia Avenue. The applicant wishes to have 50 gaming machines at this location. The
hours of operation for the business would be 8 a.m. to 10 p.m. Security would be provided by
on site surveillance. There was no mention of which age groups would be allowed in certain
areas or for what time periods.
It should be noted that gaming facilities that have five or fewer machines tend to be considered
accessory in nature, when part of a primary use, and as such tend to result in fewer negative
impacts on surrounding land uses. However, larger game rooms with dozens of machines take
on the scale of a small casino and as a result, require careful consideration as to their location
and compatibility with surrounding land uses. Some of these considerations include
compatibility with other land uses, noise, traffic as well as safety considerations. As such,
proximity to schools and especially residential uses should be carefully considered in the review
of gaming facilities. This property is immediately adjacent to residential single-family dwellings
and is within the vicinity of the Lucas Pre-K Center.
At a Joint Public Hearing held on September 9, 2020, the Planning Commission recommended 9:0
to deny the request for a Specific Use Permit to allow a gaming facility at 4705 Magnolia Avenue.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Denial of the request.
SPECIFIC USE PERMIT APPLICATION
BEAUMONT, TEXAS
(Chapter 28, City Codes)
TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS
APPLICANT'S NAME: J ISAN MAKANOJ IYA
APPLICANT'S ADDRESS: 35 CADENCE CRT., RICHMOND, TX 77469
APPLICANT'S PHONE #: (281)782-3658 FAX #-
NAME OF PROPERTY OWNER: FA H E E M KH U WAJA N S QQ ,�A \ VAJ W-y L)
ADDRESS OF PROPERTY OWNER:4705 MAGNOLIA AVE., BEAUMONT, TX 77701
LOCATION OF PROPERTY:4705 MAGNOLIA AVE., BEAUMONT, TX 77701
LEGAL DESCRIPTION OF PROPERTY:
LOT NO. 1 , 2, AND 3� L4 OR
BLOCK NO.2
ADDITION HEGELE V 3,150 MRJCT
NUMBER OF ACRES 0. 5
TRACT
PLAT
SURVEY
NUMBER OF ACRES
For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use
permit, and a complete legal field note description.
PROPOSED USE: GAMING SITE (� ZONE.GCMD
ATTACH A LETTER describing all processes and activities involved with the proposed uses.
ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet.
ATTACH A REDUCED 8 %:" X 11" PHOTOCOPY OF THE SITE PLAN.
THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE
ADDRESS EACH CONDITION IN DETAIL.
ATTACH THE APPROPRIATE APPLICATION FEE:
LESS THAN''/: ACRE.................................................................$250.00
'/z ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00
5 ACRES OR MORE...................................................................$650.00
I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the
site plan shall be adhered to as amended and approved by City Council.
T,
SIGNATURE OF APPLICANT:
SIGNATURE OF PROPERTY
FILE NUMBER:
CITY OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET, ROOM 201
BEAUMONT, TX 77701
Phone - (409) 880-3764
Fax - (409) 880-3110
6/17/2020
TE 6/17/2020
PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE STIR PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES.
Game Room Processes and Activities
Processess and Activities:
The following staff will be conduction daily tasks throughout
the day.
8am — Security Personnel will open the building and deactivate
store alarm. In addition the security role will be to make sure the
patrons as well as staff are safe. Security will be on premise 24
hours/ 7 days a week on duty to ensure the property is well
guarded and patrolled every hour. Security will maintain a log
book noting all observations and incident reports.
8:30 am — Cleaning personnel will sanitize and vacuum the store
2 times a day.
9:00 pm — Game room attendant will count their register and
assist customers with change request. Attendant is only required
to give customers change ONLY. Attendants throughout the day
will be required to insure all permits and decals are properly
inventoried on a daily bases. Compliance folder should be
readily available upon the request of code enforcement arrival
on premise
lOpm- gaming site is closed and doors are locked and all patrons
and staff are to exit the building except Security personnel.
8 CONDITIONS
The specific use will be compatible with other properties
around the vicinity. The specific usage will not be injurious
to the use and enjoyment of other properties, nor will it
diminish or impair property values within the immediate
vicinity.
2. The establishment of the specific use will not impeded the
normal and orderly development and improvement of
surrounding vacant properties.
i13. The facility is adequate for utilities, access roads, drainage
and other necessary supporting facilities. All the proper
.,;.; signage are displayed and will be confirmed upon the
inspection from City of Beaumont Fire Marshall, Electrical,
:. and Building Code enforemcent.
4. The design, location and arrangement of all driveways and
parking spaces provided are safe and convenient for
pedestrians and the general public. The driveway is painted
and labeled for proper vehicle movement in and out of the
parking lot.
5. Proper trespassing, lottering, and other applicable signs are
in place to prevent nuisance for odor, fumes, and noise
disturbances.
6. The facility is equipped with high powered LED lighting
for maximum light coverage all around the building. The
lighting will be directional so that it will not disturb or
adversely affect the neighboring properties.
7. Biweekly our facility has landscaping and grasscutting
services to insure harmony and compatibility with adjacent
properties. Our landscaping vendor is Albert Landscaping
services in Beaumont, tx.
8. The proposed use is in accordance with the comprehensive_
plan and will be validated during the monthly meeting.
oo�Fn iIAE EgsF uooA
wm oasr so+
Y-lo'
ACPG4L ftlR EIOSL CCOR ZINC FlP� FAST COON
I rx sr scN m Fnsr srn
EXISTING STORAGE ROOM
4 EXISTING NULLK-IN COOLER
Mo a
sous
G cldnes
STORAGEAREA
b Yi
GAMEROOM
i
PROPOSED MREHOUSE I
FOR GAMEROOM EQUIPMENT I PROPOSED
EXISTING SMOKE ' GENERAL RETAIL
SHOP AREA
tr
SALE - - — AREA PROPOSE
OFFICE oseM
r-r
at
LAJ
GiCE °0f vI "`" Dofe:lo-22-1e
FLOOR PLAN
PROPOSED RESTORATION OF EXISTING BUILDING r y vn SHEET
4705 Magnolia St, Beaumont, TX 77703 SCALE AS SHOWN P- i/
2
�� p�o>..mnov Duns
— � 1 — PP IO�wIFYGV�nCN
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A GAMING FACILITY IN A GC -MD
(GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING)
DISTRICT LOCATED AT 4705 MAGNOLIA AVENUE IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Jisan Makanojiya has applied for a specific use permit to allow a
gaming facility in a GC -MD (General Commercial -Multiple Family Dwelling) District at
4705 Magnolia Avenue, being Lots 1-4, Block 2, Hegele Addition, Beaumont, Jefferson
County, Texas, containing 0.482 acres, more or less, as shown on Exhibit "A," attached
hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending denial of a specific use permit to allow a
gaming facility in a GC -MD (General Commercial -Multiple Family Dwelling) District at
4705 Magnolia Avenue; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific
use permit to allow a gaming facility is in the best interest of the City of Beaumont and its
citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby,
in all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a gaming facility in a GC -MD (General
Commercial -Multiple Family) District at 4705 Magnolia Avenue, being Lots 1-4, Block 2,
Hegele Addition, Beaumont, Jefferson County, Texas, containing 0.482 acres, more or
less, as shown on Exhibit 'A" is hereby granted to Jisan Makanojiya, his legal
representatives, successors and assigns, as shown on Exhibit "B," attached hereto and
made a part hereof for all purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations
contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended,
as well as comply with any and all federal, state and local statutes, regulations or
ordinances which may apply.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
September, 2020.
- Mayor Becky Ames -
; el
AW
Lot
ZN, V
'16 r-
I
Abstract No. 385
Jefferson County, Texas
20' Alley
aaj-
walls
I
-
-22,29
I
e-
o
COVERED
CONCRETE
i is
I
PROPOSED
016
.
09
Mr
NOTE:
1. The Plumbing Contractor must comply with the City
of Beaumont building code requirements.
2- The Plumbing Contractor must verify all dimensions
prior to construction
-E]QSnhri\'R°POSED E• %IDE 1I1110YIPN°
°•as+®°Ix� VATEa ` INSTALL M TO THE IWtI.VM SYSIa.I. F
MEitll
PROPOSm i- PVO Sa1m 40 W=ToN UNE
Notes:
Magnolia Avenue 1. This survey was done without the benefit of a Title Commitment. Not all
easements, whether of record or not, were researched at the time of this
60' R.O.W. survey. io'a m�0we., e
2. All bearings derived from Texas State Plane Coordinate System, South
Central Zane, No. 4204.
PAW IC�r�sla V7r m.•r. I• 1Q
PROPOSED SITE PLAN & WATER oaia:lan-la
PROPOSED RESTORATION OF EXISTING BUILDING <yz A _ , AND SEWER UTILITIES SHEET
4705 Magnolia St, Beaumont, TX 77703 O0° ' SCALE AS SHOWN P- /2
T
September 22, 2020
Consider a resolution authorizing the City Manager to execute an Earnest Money Contract and
other related documents for the sale of city -owned property located at 3455 Sarah Street
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works and Technology
MEETING DATE: September 22, 2020
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute an Earnest Money Contract and other related documents for
the sale of city -owned property located at 3455 Sarah Street.
IZTOAX"M1109111
Wheeler Commercial has secured one (1) potential buyer who is interested in purchasing
city -owned property located at 3455 Sarah Street. The building and property is the former Melton
YMCA location. After reviewing the Earnest Money Contract, it is in the best interest of the City
of Beaumont to execute the Earnest Money Contract with Troy Marsaw, Owner of On Site
Counseling with a cash offer in the amount of $325,000.00.
Troy Marsaw will deposit $3,000.00 as earnest money to Texas Regional Title for a feasibility
period.of thirty (30) days. If Troy Marsaw terminates the earnest money contract, $500.00 of the
earnest money will not be refunded to Troy Marsaw. The date of closing will be thirty (30) days
after the expiration of the feasibility period.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
dotloop signatur!:verification: ddp.usM/Xl0-W1u-gSK4
I.1 TEXAS REACTORS
COMMERCIAL CONTRACT - IMPROVED PROPERTY
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®, INC. IS NOT AUTHORIZED.
Wexxs Association of REALTORSiD, Inc. 201111
1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees
to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are:
Seller: City of. Beaumont
Address: 801 Main St, Beaumont, TX 77701-3648
Phone: (409)880-3152 E-mail: antoinette.hardy{-beaumonttexas.gov
Fax: Other:
Buyer: Troy Marsaw
Address: 3007 Caroline St., Houston, TX 77004
Phone:. (713)942-8100- E-mail: t marsaw@yahoo.com
Fax: Other:
2.' PROPERTY:
A. "Property" means that real property situated in Jefferson County, Texas at
3455 Sarah Street, Beaumont, TX 77705 (address)
and that is legally described on the attached Exhibit A or follows:
B. Seller will sell and convey the Property together with:
(1) all buildings, improvements, and fixtures;
(2) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and
interest in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights -of -way;
(3) Seller's interest in all leases, rents, and security deposits for all or part of the Property;
(4) Seller's interest in all licenses and permits related to the Property;
(5) Seller's interest in all third party warranties or guaranties, if transferable, relating to the Property or
any fixtures;
(6) Seller's interest in any trade names, if transferable, used in connection with the Property; and
(7) all Seller's tangible personal property located on the Property that is used in connection with the
Property's operations except:
Any personal property not included in the sale must be removed by Seller prior to closing.
(Describe any. exceptions, reservations, or restrictions in Paragraph 12 or an addendum.)
(if mineral rights are to be reserved an appropriate addendum should be attached.)
(If the Property is a condominium, attach Commercial Contract Condominium Addendum (TXR-1930) or
(7XR-1946).)
3. SALES PRICE: At or before closing, Buyer will pay the following sales price for the Property:
A. Cash portion payable by Buyer at closing ......................... $ 325,000 9/ 39e-gg�OA—F
6:37 PM CDT 0911020
B. Sum of all financing described in Paragraph 4 ................... . . .� dotloop verified 6tlo pverifiec
MCDT
C. Sales price (sum of 3A and 3B) ............................ $ 9;1 /2-34&080:0�- r
325 000
�1A1(�1 6:37 PM CDT 09/1020
(TXR-1801) 4-1-18 Initialed for Identification by Seller and Buyer �•{ dotloop verified g 697PMCDT
"_{T� Page 1 Of 14 do[Ioop veri0ec
Lee Wheeler,400 Neches Beaumont TX 77701 Phone: 4098993300 Fax 4098993301 3455 Sarah Try
Lee Wheeler Produced with zlpForm® by zipLogix 18070 Fifteen Mile Road. Fraser. Michigan 4BO28 www.zioLoOix.com -
dodoop signature verification: dtlp.usMXl0-WIju-g5K4
3455 Sarah Street, Beaumont, TX 77705
Commercial Contract - Improved Property concerning
4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3B as follows:
❑ A. Third Party Financing: One or more third party loans in the total amount of $ This
contract:
H
(1) is not contingent upon Buyer obtaining third, party financing.
(2) is contingent upon Buyer obtaining third party financing in accordance with the attached
Commercial Contract Financing Addendum (TXR-1931).
❑ B. Assum tiioow. In accordance with the attached Commercial Contract Financing Addendum (TXR-1931),
Buyer will assume the existing promissory note secured by the Property, which balance at closing will
be $
C. Seller Financing: The delivery of a promissory note and deed of trust from Buyer to Seller under the -
terms of the attached Commercial Contract Financing Addendum (TXR-1931) in the amount of
5. EARNEST MONEY:
A. Not later than 3 days after the effective date, Buyer must deposit $ $3,000.00 , as earnest money
with Texas Regional Title Company (title company)
at 7676 Folsom, Bldg 100, Beaumont, TX 77706 (address) Molly Mallet (closer).
If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of
Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits
the earnest money.
B. Buyer will deposit an additional amount of $ with the title company to be made
part of the earnest money on or before:
H
(i) days after Buyer's right to terminate under Paragraph 7B expires; or
Buyer will be in default if Buyer fails to deposit the. additional amount required by this Paragraph 5B
within 3 days after Seller notifies Buyer that Buyer has not timely deposited.the additional amount.
C. Buyer may instruct the title company to deposit the earnest money in an interest -bearing account at a
federally insured financial institution and to credit any interest to Buyer.
S. TITLE POLICY, SURVEY, AND UCC SEARCH:
A. Title Policy-
(1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy)
issued by any underwriter of the title company in the amount of the sales price, dated at or after
closing, insuring Buyer against loss under the title policy, subject only to:
(a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and
(b) the standard printed exceptions contained in the promulgated form of title policy unless this
contract provides otherwise.
(2) The standard printed exception as to discrepancies, conflicts, or shortages 'in area and boundary
lines, or any encroachments or protrusions, or any overlapping improvements:
X❑ (a) will not be amended or deleted from the title policy.
(b) will be amended to read "shortages in areas" at the expense of ❑X Buyer ❑ Seller.
(3) Within 20 days after the effective date, Seller will furnish Buyer a commitment for title insurance
(the commitment) including legible copies of recorded documents evidencing title exceptions. Seller
authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's
address.
XR- 1 - a krv\—,
(T 180 ) 4 1-18 Initialed f r Identification by Seller and BuyPage 2 of.14
Produced with zipForrnS by zlpLoglx 18070 Fifteen Mile Road. Fraser. Michigan 48026 www.zioLooix.cam 34555arah - Troy -
dotloop signature verification: dtlp.us/WXIO-WIju-gSK4
Commercial Contract - Improved Property concerning 3455 Sarah Street Beaumont, TX 77705
B. Survey: Within 30days after the effective date:
X❑ (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to
Seller. The survey must be made in accordance with the: (i) ALTA/NSPS Land Title Survey
standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey
under the appropriate condition. (f>trse>
❑ (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date.
The survey must be made in accordance with the: (i) ALTA/NSPS Land Title Survey standards, or
(ii) Texas Society of, Professional Surveyors' standards for a Category 1A survey under the
appropriate condition.
❑ (3) Seller will deliver to Buyer and the title company a true and correctcopy of Seller's most recent
survey of the Property along with an affidavit required by the- title company for approval of the
existing survey. If the existing survey is not acceptable to the title company, ❑ Seller ❑ Buyer
(updating party), will, at the updating party's expense, obtain a new or updated survey acceptable
to the title company and deliver the acceptable survey to the other party and the title company
within 30 days after the title company notifies the parties that the existing survey is not acceptable
to the title company. The- closing date will be extended daily up to 30 days if necessary for the
updating party to deliver an acceptable survey within the time required. The other party will
reimburse the updating party (insert amount or percentage) of the cost of the
new or updated survey -at closing, if closing occurs.
C. UCC Search:
❑ (1) Within days after the effective date, Seller, at Seller's expense, will furnish Buyer a Uniform
Commercial Code (UCC) search prepared by a reporting service and dated after the effective date.
The search must identify documents that are on file with the Texas Secretary of State and the
county where the Property is located that relate to all personal property on the Property and show,
as debtor, Seller and all other owners of the personal property in the last 5 years.
❑X (2) Buyer does not require Seller to furnish a UCC search.
D. Buver's_Obiections to the Commitment Shy and UBC Search:
(1) WitlffJV Udays after Buyer receives the last of the commitment, copies of the documents
e g evidencthe title exceptions, any required survey, and any required- UCC search, Buyer may
- object to matters disclosed in the items if. (a) the matters disclosed are a restriction upon the
Property or constitute a defect or encumbrance to title to the real or personal property described in
Paragraph 2 other than those permitted by this contract or liens that Seller will satisfy at closing or
Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special
flood hazard area (an "A" or N" zone as defined by FEMA). If the commitment or survey is revised
or any new document evidencing a title exception is delivered, Buyer may object to any new matter
revealed in such revision or new document. Buyer's objection must be made within the same
number of days stated in this paragraph, beginning when the revision or new document is delivered
to Buyer. If Paragraph 6B(1) applies, Buyer is deemed to receive the survey on the.earlier of: (i) the
date Buyer actually receives the survey; or (ii) the deadline specified. in Paragraph 6B. .
(2) Seller may, but is not obligated to, cure Buyer's- timely objections within 15 days after Seller
- receives the objections. The closing date will be extended as necessary to provide such time to
cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate
this contract by providing written notice to Seller within 5 days after the time by which Seller must
cure the objections. If Buyer terminates, the earnest money, less any :independent consideration
under Paragraph 7B(1), will be refunded to Buyer.
(TXR-1801) 4-1-18 Initialed for Identification by Seller and Buyer Page 3 of 14
Produced with zipForm® by zlpl-oglx 18070 Fifteen Mlle Road, Fraser, Michigan 48026 wvnv z7ot.60 x%x9m 3455 Samh- Troy
dotloop signature verification: dtlp.us/WXl0-W1Ju-gSK4
Commercial Contract - Improved Property concerning 3455 Sarah Street. Beaumont, TX 77706
(3) Buyer's failure to timely object or terminate under this Paragraph 6D is a waiver of Buyer's right to
object except that Buyer will not waive the requirements in Schedule C of the commitment.
7. PROPERTY CONDITION:
A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's
expense, will complete the following before closing:
B. Feasibili Period: Buyer may terminate this contract for any reason within 30 days after the
effective date (feasibility period) by providing Seller written notice of termination.
(1) Independent Consid only one box and insert amounts.)
o9no2o
0 (a) If Buyeri nd 3 aragraph 7B, the earnest money will be refunded to Buyer less
� doll pve Ifie ,
0/20 o $ 0 �ha( %eller will retain as independent consideration for Buyers
09/1020
6:37 PM CDT unrestricted rght to terminate. Buyer has tendered the independent consideration to Seller
dotloop verified upon payment of the amount specified in Paragraph 5A to the title company. The independent
consideration is to be credited to the sales price only upon closing of the sale. If no dollar
amount is stated in this Paragraph 7B(1) or if Buyer fails to deposit the earnest money. Buyer
will not have the right to terminate under this Paragraph 7B.
❑ (b) Not later than 3 days after the effective date, Buyer must pay Seller $ as
independent consideration for Buyer's right to terminate by tendering such amount to Seller or
Seller's agent. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded
to Buyer and Seller will retain the independent consideration. The independent consideration
will be .credited to the sales price only upon closing of the sale. If no dollar amount is stated in
this Paragraph 7130 or if Buyer fails to oav the independent consideration, Buver will _not _have
the right to terminate under this Paragraph 7B.
(2) Feasibility Period Extension: Prior to the expiration of the initial feasibility period, Buyer may extend
the feasibility period for a single period of an additional days by depositing additional
earnest money in the amount of $ with the title company. If no dollar
amount is stated in this Paragraph or if Buyer fails to timely deposit the additional earnest money,
the extension of the feasibility period will not be effective.
C. Inspections. Studies. or Assessments:
(1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed
any and all inspections, studies, or assessments of the Property (including all improvements and
fixtures) desired by Buyer.
(2) Seller, at Seller's expense, will turn on all utilities necessary for Buyer to make inspections, studies,.
or assessments.
(3) Buyer must:
(a) employ only trained and .qualified inspectors and assessors;
(b) notify Seller, in' advance, of when the inspectors or assessors will be on the Property;
(c) abide by any reasonable entry- rules or requirements of Seller;
(d) not interfere with existing operations or occupants of the Property; and
(e) restore the Property to its original condition if altered due to inspections, studies, or
assessments that Buyer completes or causes to be completed.
(4) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is
responsible for any claim, liability, encumbrance, cause of action, and expense resulting from
(TXR-1801) 4-1-18 Initialed for Identification by Seller. and Buyer, Page 4 of 14
Produced with zipFontQD by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wytw zioLoaix.ctxn 3455 Sarah -Troy
dotloop signature verification: ddp.us/WXIO-WIju-gSK4
Commercial Contract- Improved Property concerning 3455 Sarah Street, Beaumont, TX 77705
Buyer's inspections, studies, or assessments, including any property damage or personal injury.
Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim
involving a matter for which Buyer is responsible under this paragraph. This paragraph survives
termination of this contract.
D. Pro ery Information:
(1) Delivery of Property Information: Within 10 days after the effective -date, Seller will deliver to
Buyer: (Check all that apply.)
❑(a) a current rent roll of all leases affecting the Property certified by Seller as true and correct;
X (b) copies of all current leases, ineluding eny FAIneFal le a pertaining to the Property, including
any modifications, supplements, or amendments to the leases;
❑ (c) a current inventory of all personal property to be conveyed under this contract and copies of
any leases for such personal property;
❑ (d) copies of all notes and deeds of trust against the Property that Buyer will assume or that Seller
will not pay in full on or before closing;
❑ (e) copies of all current service, utility, maintenance, and management agreements relating to the
ownership and operation of the Property;
(0. copies of current utility'capacity letters from the Property's water and sewer service provider;
(g) copies of all current warranties and guaranties relating to all or part of.the Property;
(h) copies of fire, hazard, liability, and other insurance policies that currently relate to the Property;
(i) copies of all leasing or commission agreements that currently relate to the tenants of all or part
of the Property;
❑Q) a copy of the "as -built" plans and specifications and plat of the Property;
(k) copies of all invoices for utilities and. repairs incurred by Seller for the Property in the 24 months
immediately preceding the effective date;
❑ (1) a copy of Seller's income and expense statement for the Property from
to ;
❑ (m) copies of all previous environmental assessments, geotechnical reports, .studies, or analyses
made on or relating to the Property;
❑(n) real and personal property tax statements for the Property for the previous 2 calendar years;
(o) Tenant reconciliation statements including, operating expenses, insurance and taxes for the
Property from to ; and
❑ (p)
(2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than
10 days after the termination date: (Check all -that apply.)
X❑. (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in
other than an electronic format and all copies that Buyer made of those items;
❑X (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller
-delivered to Buyer or Buyer copied in any.format; and
X❑- (c) deliver to Seller copies of all inspection and assessment reports related to the Property that .
Buyer completed or caused to be completed.
This Paragraph 7D(2) survives termination of this contract.
E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner
as on the effective date under reasonably prudent business standards; and (2) will not transfer or
dispose of any part of the Property, any interest or right in the Property, or any of the personal property
or other items described in Paragraph 213 or sold under this contract. After the feasibility period ends,
Seller may not, enter into, amend, or terminate any other contract that affects the operations .of the
Property without Buyer's written approval..
(TXR-1801) 4-1-18 Initialed for Identification by Seller and Buyer ) + , Page 5 of 14
Produced with zipForm® by zipLogix iauo Fifteen Mile Road, Fraser, Michigan 48126 wvnv.zioLooix.com 3455 Sarah -Troy
dodoop signature verification: dtlp.us/WXIO-WIju-g5K4
Commercial Contract - Improved Property concerning 3455 Sarah Street Beaumont. TX 77705
8. LEASES:
A. Each written lease Seller is to assign to Buyer under this contract must be in full force and -effect
according to its terms. Seller may not enter into any new lease, .fail to comply with any existing lease,
or make any amendment or modification to any existing lease without Buyer's written consent. -Seller.
must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer
or subsequently occur before closing:
(1) any failure by Seller to comply with Seller's obligations under the leases; .
(2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets
or damages;
(3) any non -occupancy of the leased premises by a tenant;
(4) any advance sums_ paid by a tenant under any lease;
(5) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect
any lease; and
(6) any amounts payable under the leases that have been assigned or encumbered, except as security
for loan(s) assumed or taken subject to under this contract.
B. Estoppel Certificates: Within days after the effective date, Seller will deliver to Buyer estoppel
certificates signed not earlier than by each tenant that leases space
in the Property. The estoppel certificates must include the certificafions contained in the current version
of TXR Form 1938 - Commercial Tenant Estoppel Certificate and any additional information requested
by a third party lender providing financing under Paragraph- 4 if the third party lender requests such
additional information at least 10 days prior to the earliest- date that Seller may deliver the signed
estoppel certificates.
9. BROKERS:
A.
The brokers to this sale are:
Principal Broker: Wheeler Commercial
Cooperating Broker, Universal Home Solutions, LLC
Agent: Lee Y. Wheeler, III
Agent: Patrice Maftaliano
Address: 400 Neches
Address: 6332 FM 1960 E, Ste C
Beaumont, TX 77701
Humble, TX 77346
Phone & Fax: (409)899-3300
Phone &. Fax- (281)435-8977
E-mail: 1wheelera-wheelercommercial.com
E-mail: patrice.mattaliano@gmall.com
-License No.: 579943
License No.: 9000562
Principal Broker: (Check only one box)
Cooperating Broker represents Buyer.
XI
represents Seller only.
Hrepresents
Buyer only.
is an intermediary between Seller and Buyer.
B.
Fees: (Check only (1) or (2) below.) -
(Complete the Agreement Between Brokers on
page 14 only if (1) is selected.)
0
(1) Seller will pay Principal Broker the fee
: specified by separate written commission agreement
between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified
in the Agreement Between Brokers found below the parties' signatures to this contract.
❑X
(2) At the closing of this sale, Seller will pay:
(TXR-1801) 4-1-18 Initialed for Identification by Seller
and Buyer Page 6 of 14
Produced with zipFom@ by zipLogix 113070 Fifteen Mile Road; Fraser, Michigan 46026 www.zioLociix.com 3455 Sarah -Troy
dotloop signature verification: dtlp.us/WXl0-WIju-gSK4
Commercial Contract - Improved Property concerning 3455 Sarah Street. Beaumont, TX 77705
Principal Broker a total cash fee of-
e3.000 % of the sales price.
Cooperating Broker a total cash fee of:
3.000 % of the sales price.
The cash fees will be paid in Jefferson County, Texas. Seller authorizes
the title company to pay the brokers from the Seller's proceeds at closing.
NOTICE. Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission
with a lien against the Property.
C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the
amendment.
10. CLOSING:
A. The date of the closing of the sale (closing date) will be on or before the later of:
(1) X 30 days after the expiration of the feasibility period.
(specific date).
(2) 7 days after objections made under Paragraph 6D have been cured or waived.
B. If either party fails to close by the closing date, the non -defaulting party may exercise the remedies in
Paragraph 15.
C. At closing, Seller will execute and deliver to Buyer, at Seller's expense, a ❑ general XX special warranty
deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must
convey good and indefeasible title to the Property and show no exceptions other than those permitted
under Paragraph 6 or other provisions of this contract. Seller must convey the Property:
(1) with no liens, assessments, or Uniform Commercial Code or other security interests against the
. Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes;
(2) without any assumed loans in default; and
(3) with no persons in possession of any part of the Property as lessees, .tenants at sufferance, or
trespassers except tenants under the written leases assigned to Buyer under this contract.
D. At closing, Seller, at Seller's expense, will.also deliver to Buyer:
(1) tax statements showing no delinquent taxes on the Property;
(2) a bill of sale with warranties to title conveying title, free and clear of all liens, to any personal
property defined as'part of the Property in Paragraph 2 or sold under this contract;
(3) an assignment of all leases to or on the Property;
(4) to the extent that the following items are assignable, an assignment to Buyer of the following items
as they relate to the Property or its operations:
(a) licenses and permits;
(b) service, utility, maintenance, management, and other contracts; and
(c) warranties and guaranties;
(5) a rent roll current on the day of the closing certified by Seller as true and correct;.
(6) evidence that the person executing this contract is legally capable and authorized to bind Seller;
(7) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is
a foreign person, a written authorization for the title company to: (i)_withhold from Seller's proceeds
an amount sufficient to comply with applicable tax law; and (ii) deliver the amount to the Internal
Revenue Service together with appropriate tax forms; and
(8) any notices, statements, ,certificates, affidavits, releases; and other documents required by this
contract, the commitment, or law necessary for the closing of the sale and the issuance of the title
policy, all of which must be completed and executed by Seller as necessary.
E. At closing, Buyer will:
(1) pay the sales price in good funds acceptable to the title company/
(TXR-1801) 4-1-18 Initialed for Identification by Seller and Buye x, Page 7 of 14
Produced with zipForm® by zipl.ogix 18070 Fifteen Mile Road, Fraser. Michigan 46026 wwnv Zip oaix corn 3455 Sarah -Troy
dotloop signature verification: dtlp.us/WXl0-WIju-gSK4
Commercial Contract- Improved Property concerning 3455 Sarah Street. Beaumont, TX 77705
(2) deliver evidence that the person executing this contract is legally capable and authorized to bind
Buyer;
(3) sign'and send to each'tenant in the Property a written statement that:
(a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and
(b) specifies. the exact dollar amount of the security deposit;
(4) sign an assumption of all leases then in effect; and
(5) execute and deliver any notices, statements, certificates, or other documents required by this
contract or law necessary to close the sale.
F. Unless the parties agree otherwise, the closing documents will be. as found. in -the basic forms in the
current edition of the State Bar of Texas Real Estate Forms Manual without, any additional clauses. -
11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale
in its present condition with any repairs Seller is obligated to complete under this contract,, ordinary wear
and tear, excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized
- by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties.
12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict
with other provisions of this contract. (if special provisions are contained in an Addendum_ , identify the
Addendum here and reference the Addendum in Paragraph 22D.)
13. SALES EXPENSES:
A. -Seller's Expenses: Seiler will pay for the following at or before closing:
(1) releases. of existing liens, other than those liens assumed by Buyer, including prepayment penalties
and recording fees;
(2) release of Seller's loan liability, if applicable;
(3) tax statements or certificates;
(4). preparation of the deed and any bill of sale;
(5) one-half of any escrow fee;
(6) costs to record any documents to .cure title objections that Seller must cure; and
(7) other expenses that Seller will pay under other provisions of this contract.
B. Buyer's Expenses: Buyer will pay for the following at or before closing:
(1) all loan expensesand fees;
(2) preparation fees of any deed of trust;
(3) recording fees for the deed and any deed of trust;
(4) premiums for flood and hazard insurance as may be required by Buyer's lender;
(5) one-half of any escrow fee; and
(6) other expenses that Buyer will pay under other provisions of this contract..
14. PRORATIONS:
A. 1 Prorations:
(1) Interest on any , rents, and any expense reimbursements from tenants will be
prorated through the closing date.
X i,,
(TXR-1801) 4-1-18 Initialed for Identification by Seller and Buyer Page 8 of 14
4f�\
Produced with zipFomiO by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wwMai LjLogix.com 3455 Sarah - r-y
dotloop signature verification: dtlp.us/WXl0-WIju-g5K4
Commercial. Contract - Improved Property concerning 3455 Sarah Street, Beaumont, TX 77705
PT"- pw3pvpqn�
C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following
advance payments received by Seller for periods after closing: prepaid expenses, advance rental
payments, and other advance payments paid by tenants.. Rents prorated to one party but received by
the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after
the rent is received. This Paragraph 14C survives closing.
15. DEFAULT:
A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies),
may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure
except for any damages resulting from Buyer's inspections, studies or assessments in accordance with
Paragraph 7C(4) which Seller may pursue, or
(Check if applicable)
OX enforce specific performance, or seek such other relief as may be provided by law.
B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the
commitment, Buyer may:
(1) terminate this contract and receive the earnest money, less any independent consideration under
Paragraph 713(1), as liquidated damages and as Buyer's sole remedy; or
(2) extend the time for performance up to 15 days and the closing will be extended as necessary.
C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and
Buyer may-
(1) terminate this contract and receive the earnest money, less any independent consideration under
Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or
(2) enforce specific performance, or seek such other relief as may be provided by law, or both.
16. CASUALTY LOSS AND CONDEMNATION:
A. If any part of the Property is damaged or destroyed by fire or other casualty after the effective date,
Seller must restore the Property to its previous condition as soon as reasonably possible and not later
than the closing date. If, without fault, Seller is unable to do so, Buyer may:
(1) terminate this contract and the earnest money, less any independent consideration under
Paragraph 713(1), will be refunded to Buyer;
(2) extend the time for performance up to 15 days and closing will be extended as necessary; or
(3) accept at closing: (i) the Property in its damaged condition; (ii) an assignment of any insurance
proceeds Seller is entitled to receive along with the insurer's consent to the assignment; and (iii) a
credit to the sales price in the amount of any unpaid deductible ur the policy for the loss.
(TXR-1801) 4-1-18 Initialed for Identification by Seller and. Buyer 1 K , Page 9 of 14
Produced with zipFomvg by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 tw W,zipLWx,cM 3455 Sarah -Troy
dotloop signature verification: dtlp.us/WX10-W1Ju-gSK4
Commercial Contract - Improved Property concerning 3455 Sarah Street. Beaumont. TX 77705
B. If before closing, condemnation proceedings are commenced against any part of the Property, Buyer
may:
(1) terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of
the condemnation proceedings and the earnest money, less.any independent consideration under
Paragraph 7B(1), will be refunded to Buyer; or
(2) appear and defend the condemnation proceedings and any award. will, at Buyer's election, belong
to: (a) Seller and the sales price will be reduced by the same amount; or (b) Buyer and the sales
price will not be reduced.
17.ATTORNEY' S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party -in any legal
proceeding brought under or with relation to this contract or this transaction, such party is entitled to
recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees. This
Paragraph 17 survives termination of this contract. -
18. ESCROW:
A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer'sclosing
costs, andany excess will be refunded to Buyer. If no closing occurs, the title company may require
payment of unpaid expenses incurred on behalf of the parties and a written release of liability of.the
title company from all parties.
B. If one party makes written demand for the earnest money, the title company will. give notice of the
demand by providing to the other party a copy of the demand. If the title company does not receive
written objection to the demand from.the other party within 15 days after the date the title company
sent the demand to the other party, the title company may disburse the earnest money to the party
making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving
the earnest money and the title company may pay the same to the creditors.
C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing
any earnest money to Buyer and will pay the independent consideration to Seller.
D. If the title company complies with this Paragraph 18, each party hereby releases the title company from
all claims related to the disbursal of the earnest money.
E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the
title company are effective upon receipt by the title company.
F. Any. party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days
after receipt of the request will be liable to the other party for: (i) damages; (ii) the earnest money; (iii)
reasonable attorney's fees; and (iv) all costs of suit.
G. ❑ Seller ❑ Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties
in accordance. with Section 1031 of the Internal Revenue Code, as amended. All expenses in
connection with the contemplated exchange will be paid by the exchanging party. The other party will
not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and
in good faith to arrange and consummate the exchange so as to comply to the maximum extent
feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this
contract will not be affected in the event the contemplated exchange fails to occur.
19. MATSRIAL MGT& Te 4he beat ef SelleF'S
{}
(2) emy,pending
eF thimeatened litigatien,
eandeMnefien,
OF assessme
(TXR-1801) 4-1-18 Initialed for Identification by Seller
Page 10 of 14
Produced with zipFonnO by zipLagix 18070 Fifteen Mile Road, Fraser, Mulligan 48026 www.z1pLoaix.com 3455 Se,ah -Troy
dotloop signature verification: dtlp.us1WXl0-W1ju-gSK4
Commercial Contract - Improved Property concerning 3455_Sarah Street, Beaumont, TX 77705
_ .
NOW
001-
RA
20. NOTICES: All notices between the parties under this contract must be in writing and are effective when
hand -delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the
parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices
to the broker representing the party to whom the notices are sent.
❑ A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1.
XI B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1.
21.
submit the dispute te Ffledietlen befeFe Fess4ing te apbitFatioH el:.lifigetien and will equally share the e
22. AGREEMENT OF THE PARTIES:
A. This contract is binding on the parties, their heirs, executors, representatives, successors, and
permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. If
any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this
contract shall not be affected thereby.
B. This contract contains the entire agreement of the parties and may not be changed except in writing.
C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all
counterparts; collectively, constitute one agreement.
D. Addenda which _are part of this contract are: (Check all that apply.)
X (1) Property Description Exhibit identified in Paragraph 2;
(2) Commercial Contract Condominium Addendum (TXR-1930) or (TXR-1946);
(3) Commercial Contract Financing: Addendum (TXR-1931.);.
(4) Commercial Property Condition Statement (TXR-1408);
(5). Commercial Contract Addendum for Special Provisions (TXR-1940); .
X (6) Addendum for Seller's Disclosure of Information on Lead -Based Paint and Lead -Based Paint
Hazards (TXR-1906);
(7) Notice to Purchaser of Real Property in a Water District (MUD);
(8) Addendum for Coastal Area Property (TXR-1915);
(9) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (TXR-1916);
X (10)lnformation About Brokerage Services (TXR-2501); and
(11)Information About Mineral Clauses in Contract Forms (TXR-2509); and
X (12)Drainaae District 6 Notice
(TXR-1801) 4-1-18 Initialed for Identification by Seller. and Buyer��, Page 11 of 14
Produced with zipFonn® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wanv.zioLoaix.com 3455 Sa:+h-Troy
dotloop signature verification: dt1p.usMXI0-WIju-gSK4
Commercial Contract - Improved Property concerning 3455 Sarah Street, Beaumont, TX 77705
(Note: Counsel for Texas REALTORS@ has determined that any of the foregoing addenda which are
promulgated by the Texas Real Estate Commission (TREC) or published by Texas REALTORS@ are appropriate for use with
this form.)
E. Buyer XD may ❑ may not assign this contract. If Buyer assigns this contract, Buyer will be, relieved
of any future liability under this contract only if the assignee assumes, in writing, all of Buyer's
obligations under this contract.
23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for
performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or:
legal holiday, the time for performance is extended until the end of the next day which is not a Saturday,
Sunday, or legal holiday.
24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is
the date the title company receipts this contract after all parties execute this contract.
25. ADDITIONAL NOTICES:
A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or
Buyer should be furnished with or obtain a title policy.
B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage,
or flood control facilities "and services, Chapter 49, Texas Water Code, requires Seller to deliver and.
Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby_ fees of the
district before final execution of this contract.
C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to
purchase may be located in a certificated water or sewer service area, which is authorized by law to
provide water or sewer service to the properties in the certificated area. If your property is located in a
certificated area there may be special costs or charges that you will be required to pay before you can
receive water or sewer service. There may be a period required to construct lines or other facilities
necessary to provide water or sewer service to your property. You are advised to -determine if the
property is in a certificatedarea and contact the utility service provider to determine the cost that you
will be required to pay and the period, if any, that is required to provide water or sewer service to your
property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before
the execution of a binding contract for the purchase of the real property described in the notice or at
closing of purchase of the real property." The real property is described in Paragraph 2 of this contract.
D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of
the state, §33.135, Texas Natural Resources Code, requires.a notice regarding coastal area property
to be included as part of this contract (the Addendum for Coastal Area Property (7XR-1915) may be used)..
E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural
Resources Code, requires a notice regarding the seaward location of the Property to be included as
part of this contract. (the Addendum for Property Located Seaward of the Gulf Intracoastal Waterway
(7XR-1916) maybe used).
F. If the Property is located outside the limits of a municipality, the Property may now or later be included
in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation
by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To
determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities
located in the general proximity of the Property for further information.
G. If apartments or other residential units are on the. Property and the units were built before .1978, federal
law requires a lead -based paint and hazard disclosure statement to be made, part of this contract (the
Addendum for Seller's Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards
(7XR-1906) maybe used).
(TXR-1801) 4-1-18 Initialed for Identification by Seller and Buyer Page 12 of 14
Produced with zipForm® by zipLogix 16070 Fifteen Mile Road, Fraser, Michigan 48026 wyny.iiDLoaix.com 3455 Sanh -Troy
dotloop signature verification: dt1p.us/WX10-WIju-gSK4
Commercial Contract - Improved Property concerning 3455 Sarah Street. Beaumont. TX 77705
H. Section 1958.154, Occupations Code requires Seller to provide Buyer a copy of any mold remediation
certificate issued for the Property during the 5 years preceding the date the Seller sells the Property.
Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental
assessments, or inspections to determine compliance with zoning, governmental regulations, or laws.
Buyer should seek experts to perform such services. Buyer should review local building codes,
ordinances and other applicable laws to determine their effect on the Property. Selection of experts,
inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified
to determine the credit worthiness of the parties.
NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water,
including a reservoir. or lake, constructed and maintained under Chapter 11, Water Code, that has a
storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby
notifies: Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for
various reasons, including, as a result of. (1) an entity lawfully exercising its right to use the water stored
in the impoundment; or (2) drought or flood conditions."
K. LICENSE:
party to a
the licens
e
26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell
the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property
is located, on , the offer will lapse and become null and void.
READ THIS 'CONTRACT CAREFULLY. The brokers and agents make no representation, or
recommendation as to the legal sufficiency, legal; effect, or tax consequences of this document or
transaction. CONSULT your attorney BEFORE signing.
Seller. Cily of Beaumont Buyer:Troy Marsaw
By:
By (signature):
Printed Name: Kyle Hayes
Title: City Manager
By:
By (signature):
Printed Name:
Title:
(TXR-1801) 4-1-18
By: i
By (signat r ):
Printed Name: Trot/ Marsaw
Title:
By:
By (signature):
Printed Name: _
Title:
Produced with zlpFom4D by zipLogix 18070 Fifteen We Road, Fraser, Michigan 48026 wwwzioLooix.com
Page 13 of 14
3455 Sarah-Tmy
dotloop signature verification: dtip.us/WXl0-WIju-gSK4
Commercial Contract - Improved Property concerning 3455 Sarah Street, Beaumont, TX 77705
AGREEMENT BETWEEN BROKERS
(use only if Paragraph 9B(1) is effective)
Principal Broker agrees to pay (Cooperating Broker) a
fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be:
$ , or
% of the sales price, or
% of the Principal Broker's fee.
The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing.
This Agreement Between Brokers supersedes any prior offers and agreements for compensation between
brokers.
Principal Broker:
By:
Seller's attorney:
Cooperating Broker:
By:
ATTORNEYS
Buyer's attorney:
Address: Address:
Phone & Fax:
Phone & Fax:
E-mail: E-mail:
Seller's attorney requests copies of documents, Buyer's attorney requests copies of documents, .
notices, and other information: notices, and other information:
the title company sends to Seller. the title company sends to Buyer.
Buyer sends to Seller. H Seller sends to Buyer.
ESCROW RECEIPT
.The title company, acknowledges receipt of:
A. the contract on this day (effective date);
B. earnest money in the amount of $ in the form of
on
Title company: Address:
By: Phone & Fax:
Assigned file number (GF#): E-mail:
(TXR-1801) 4-1-18 Page 14 of 14
Produced with zipForrn(DbyzipLogix 18070FifteenMile Road, Fraser. Michigan 46026 wym.&Loaimom 3455Sarah -Troy
dotloop signature verification: dtlp.us/WXI0-Wiju-gSK4
EXHIBIT A
J.34n,g a pailion afthe Noah tine -Ha f(S. '%) of Woao. Nmemn (i Q) in the
M. C. CsArtmtr'14 `ht &UM'sion in the J, W, 8ulluck Lague of the City of
Bmimont, Jefferson County, 'i mas:, and described by metes and bounds as
BEGINt INO at an "f on pin in the Worst lino orf1 lock Nimteuen (l )narking
the, division of the Nvnh one-half .fix) and sout one-half (S. V) of Block
Nhneteem (1 ; said iron pin being the Soiftliwest comner. oftha, North One-half
(N, '. '/�) and the Nonhwok corder of"the Soufiii on -'MU, (S. "R)a
THSNCB,.North. 0'08!30m Bast afortg the -Wgist, fine. of Oxe Nortbone-half P,
a/z) of Block Nineteen (I �). a distmx'e of two Imndmd ninety and sixty-t live
Otte h.m.kd a -di as 14et 90.65.) to a Point f*or comeF, sak Point baffi . South
. '0�.P f t (1 s') from tho urt����st �oiraer of Said Ala f tm�-� (] 9�';
THENCE, R.9st fift h feet Y ' fmm and parallel to the North firm of said
Flock Nin ezn (f9) a d.istwice 04'six buindred nit ety-soveta and five -tenths
feel (697-5E to a Point, said point being Allom feet (] 51 from the, euist Ume of
said Block netaer)' ('19);.
IPENCF� South 0009"30"'West fifteen. tbet (1-5) from attd Paul lei to the. cast
line of -said block Ninewtmn (19) a (H.-Mance. ire 6m htmdrod ninety and sixty-
five one hmxh— dtl feet (2190.6Tj 16 F)")il7t ffff �n �e d�idiit,� ia�ie
between the OT& One-11RI `1?, ) EM4 the S- (Alth MAlalf (S. of 1mlc
TFIENC,E, 'mast along the dividing line between the: North -mod South one-
half (n, and S. Vr) of-Blook Ninetemi (I P) a distance of'sl�X
severh mid fire -tenths feet (61,17.5') to the �Iav : of k-gh eaitig, said IMICA
eGntain.ing f6,ar and sixL f ve one Iwrldre0ho (4.65) acir's, mare 01° less,
dodoo ROOT -pp verified
14— 09,10,30 637 PM CDT
ROOT-7QIN JHZT•59ZW
dotloop signature verification: dtip.us1Ml0-W1ju-gSK4
APPROVED BY THE TEXAS REAL ESTATE COMMISSION 10-10-11
121111 ADDENDUM FOR SELLER'S DISCLOSURE OF INFORMATION
EQUAL ROUMIZ ON LEAD -BASED PAINT AND LEAD -BASED' PAINT HAZARDS
OPPORIUNRY
AS REQUIRED BY FEDERAL LAW
CONCERNING THE PROPERTY AT 3455 Sarah St Beaumont
(Street Address and City)
A. LEAD WARNING STATEMENT: "Every purchaser of any interest in residential real property on which a
residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead -
based paint that may place young children at risk of developing lead poisoning. Lead. poisoning in young children
may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient,
behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The
seller of any interest in residential real property is required to provide the buyer with any information on lead -
based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any
known lead -based paint hazards. A risk assessment or inspection for possible lead -paint hazards is recommended
prior to purchase."
NOTICE: Inspector must be properly certified as required by federal law.
B. SELLER'S DISCLOSURE:
1. PRESENCE OF LEAD -BASED PAINT AND/OR LEAD -BASED PAINT HAZARDS (check one box only):
❑ (a) Known lead -based paint and/or lead -based paint hazards are present in the Property (explain):
X❑ (b) Seller has no actual knowledge of lead -based paint and/or lead -based paint hazards in the Property.
2. RECORDS AND REPORTS AVAILABLE TO SELLER (check one box only):
❑ (a) Seller has provided the purchaser with all available records and reports pertaining to lead -based paint
and/or lead -based paint hazards in the Property (list documents):
❑X (b) Seller has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the
Property.
C. BUYER'S RIGHTS (check one box only):
❑ 1. Buyer waives the opportunity to conduct a risk assessment or inspection of the Property for the presence of
lead -based paint or lead -based paint hazards.
❑X 2. Within ten days after the effective date of this contract, Buyer may have the Property inspected by inspectors
selected by Buyer. If lead -based paint or lead -based paint hazards are present, Buyer may terminate this
contract by giving Seller written notice within 14 days after the effective date of this contract, and the earnest
money will be refunded to Buyer.
D. BUYER'S ACKNOWLEDGMENT (check applicable boxes);
❑ 1. Buyer has received copies of all information listed above.
❑X 2. Buyer has received the pamphlet Protect Your Family from Lead in Your Home.
E. BROKERS' ACKNOWLEDGMENT: Brokers have informed Seller of Seller's obligations under 42 U.S.C. 4852d to:
(a) provide Buyer with the federally approved pamphlet on lead poisoning prevention; (b) complete this
addendum; (c) disclose any known lead -based paint and/or lead -based paint hazards in the Property; (d) deliver all
records and reports to Buyer pertaining to lead -based paint and/or lead -based paint hazards in the Property; (a)
provide Buyer a period of up to 10 days to have the Property inspected; and (f) retain a completed copy of this
addendum for at least 3 years following the sale. Brokers are aware of their responsibility to ensure compliance.
F. CERTIFICATION OF ACCURACY: The following persons have reviewed the information above and certify, to the
best of thei kno d that the information they have provided is true. and accurate.
Buyer NJ Date Seller Date
Troy Mars Kyle Hayes
Buyer Date
�R?~/LLO��.[t?IR�LsTfCN dodo9o30
09/1520 3: 3:30 PM CDT
UPEY-YAW-CMBU-ILCP
Other Broker Date
Patrice Mattaliano
Seller
Listing Broker
The form of this addendum has been approved by the Texas Real Estate Commission for use only with similarly approved or promulgated
forms of contracts. Such approval relates to this contract form only. TREC forms are intended for use only by trained real estate licensees.
No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not suitable for complex
transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, 512-936-3000 (http://w m.trec.texas.gov)
(TXR 1906)
Date
Date
OP-L
Lee Wheeler, 400 Neches Beaumont Tx 77701 Phone: 40989933W Fax 4093993301 3455 SRrah -Troy
Lee Wheeler Produced with ApFenT O by ApLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLoaix.com
dodoop signature verification: dtlp.us/WXI0-WIju-gSK4
- 11/2/2015
1211, Information About Brokerage Services
omTexas law requires all real estate licensees to give the following information about
brokerage services to prospective buyers, tenants, sellers and landlords.
TYPES OF REAL ESTATE LICENSE HOLDERS:
• A BROKER is responsible for all brokerage activities, including acts performed by sales agents sponsored by the broker.
• A SALES AGENT must be sponsored by a broker and works with clients on behalf of the broker.
A BROKER'S MINIMUM DUTIES REQUIRED BY LAW (A client is the person or party that the broker represents):
• Put the interests of the client above all others, including the broker's own interests;
• Inform the client of any material information about the property or transaction received by the broker;
• Answer the client's questions and present any offer to or counter-offer from the client; and
Treat all parties to a real estate transaction honestly and fairly.
A LICENSE HOLDER CAN REPRESENT A PARTY IN A REAL ESTATE TRANSACTION:
AS AGENT FOR OWNER (SELLERILANDLORD): The broker becomes the property owner's agent through an agreement with the owner,
usually in a written listing to sell or property management agreement. An owner's agent must perform the broker's minimum. duties
above and must inform the owner of any material information about the property or transaction known by the agent, including
information disclosed to the agent or subagent by the buyer or buyer's agent
AS AGENT FOR BUYER/TENANT: The broker becomes the buyer/tenant's agent by agreeing to represent the buyer, usually through a
written representation agreement. A buyer's agent must perform the broker's minimum duties above and must inform .the buyer of any
material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or
seller's agent
AS AGENT FOR BOTH - INTERMEDIARY: To act as an intermediary between the parties the broker must first obtain the written
agreement of each party to the transaction. The written agreement must state who will pay the broker and, in conspicuous bold or
underlined print, set forth the broker's obligations as an intermediary. A broker who acts as an intermediary:
• Must treat all parties to the transaction impartially and fairly;
• May, with the parties' written consent, appoint a different license holder associated with the broker to each party (owner and
buyer) to communicate with, provide opinions and advice to, and carry out the instructions of each party to the transaction.
• Must not, unless specifically authorized in writing to do so by the party, disclose:
o that the owner will accept a price less than the written asking price;
o that the buyer/tenant will pay a price greater than the price submitted in a written offer, and
o any confidential information or any other information that a party specifically instructs the broker in writing not to
disclose, unless required to do so by law.
AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a transaction without an agreement to represent the
buyer. A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first.
TO AVOID DISPUTES, ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOULD BE IN WRITING AND CLEARLY ESTABLISH:
• The broker's duties and responsibilities to you, and your obligations under the representation agreement.
• Who will pay the broker for services provided to you, when payment will be made and how the payment will be calculated.
LICENSE HOLDER CONTACT INFORMATION: This notice is being provided for information purposes. It does not create an obligation for
you to use the broker's.services. Please acknowledge receipt of this notice below and retain a copy for your records.
KenWheel, Inc; dba Wheeler Commercial 579943 lwheelerCaD-wheelercommercial.com (409)899-3300
Licensed Broker/Broker Firm Name or License No. Email Phone
Primary Assumed Business Name
Lee Y. Wheeler, III 467056lwheeler[n)wheelercommercial.com (409)899-3300
Designated Broker of Firm License No. Email Phone
Licensed Supervisor of Sales Agent/
Associate
Sales Agent/Associate's Name
License No.
License No.
Email
Email
BuyedTenant/Seller/Landlord Initials Date
Phone
Phone
Regulated by the Texas Real Estate Commission Information available at www.trec.texas.gov
TXR-2501 IABS 1-0 Date
Lee Wheeler, 400 Neches Beaumont TX 77701 Phone: 4093993300 Faic4098993301 3155 Sarah -Troy
Lee Wheeler Produced with zipFonn® by zipLogix 18070 Fifteen Mile Road. Fraser. Michigan 48026 www.71pLocix.wnn
dotloop signature verification: dtlp.us/WX10-Wiju•gSK4
11/2/2015
Information About Brokerage Services
EQu LMUSM Texas law requires all real estate licensees to give the following information about
oaromuxn•
brokerage services to prospective buyers, tenants, sellers and landlords.
TYPES OF REAL ESTATE LICENSE HOLDERS:
• A BROKER is responsible for all brokerage activities, including acts performed by sales agents sponsored by the broker.
• A SALES AGENT must be sponsored by a broker and works with clients on behalf of the broker.
A BROKER'S MINIMUM DUTIES REQUIRED BY LAW (A client is the person or party that the broker represents):,
• Put the interests of the client above all others, including the broker's own interests;
• Inform the client of any material information about the property or transaction received by the broker;
• Answer the client's questions and present any offer to or counter-offer from the client; and
• Treat all parties to a real estate transaction honestly and fairly.
A LICENSE HOLDER CAN REPRESENT A PARTY IN A REAL ESTATE TRANSACTION:
AS AGENT FOR OWNER (SELLER/LANDLORD): The broker becomes the property owner's agent through an agreement with the owner,
usually in a written listing to sell or property management agreement. An owner's agent- must perform the broker's minimum duties
above and must inform the owner of any material information about the property or transaction known by the agent, including
information disclosed to the agent or subagent by the buyer or buyer's agent.
AS AGENT FOR BUYERrrENANT: The broker becomes the buyeritenant's agent by agreeing to represent the buyer, usually through. a
written representation .agreement. A buyer's agent must perform the broker's minimum duties above and must inform the buyer of. any
material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or
seller's agent
AS AGENT FOR BOTH - INTERMEDIARY: To act as an intermediary between the parties the broker must first _ obtain the written
agreement of each party to the transaction. The written agreement must state who will pay the broker and, in conspicuous bold or
underlined print, set forth the broker's obligations as an intermediary. A broker who acts as an intermediary: -
• Must treat all parties to the transaction impartially and fairly;
• May, with the parties' written consent, appoint a different license holder associated with the broker to each party (owner and
buyer) to communicate with, provide opinions and advice to, and carry out the instructions of each party to the transaction.
• Must not, unless specifically authorized in writing to do so by the party, disclose:
o that the owner will accept a price less than the written asking price;
o that the buyer/tenant will pay a price greater than the price submitted in a written offer; and
o any confidential information or any other information that a party specifically instructs the broker in writing not to
disclose, unless required to do so bylaw.
AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a transaction without an agreement to represent the
buyer. A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first
TO AVOID DISPUTES, ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOULD BE IN WRITING AND CLEARLY ESTABLISH:
• The broker's duties and responsibilities to you, and your obligations under the representation agreement.
• Who will pay the broker for services provided to you, when payment will be made and how the payment will be calculated.
LICENSE HOLDER CONTACT INFORMATION: This notice is being provided for information purposes. It does not create. an obligation for
you to use the broker's services. Please acknowledge receipt of this notice below and retain a copy for your records.
Universal Home Solutions LLC 9000562 jaltic@jlarelestate.com 281-744-2511
Licensed Broker /Broker Firm Name or License No. Email Phone
Primary Ammimari Business Name
John Altic 572287 jaltic@jlarelestate.coin 281-744-2511
Desianated Broker of Firm License Nn Email Phone
Ronnie Dees 550034 roruue@roniedees.com 281-610-5627
Licensed Supervisor of Sales Agent License No. Email Phone
Associate
Patrice Mattaliano 638427 patrice.mataliano@gmail.com 281-435-8977
Sales Agent/Associate's Name License No. Finaii Phone
09r1 or20 08-11-2020
?L rPi nant/Seller/Landlord Initials Date
Regulated by the Texas Real Estate Commission Information available at wwwArec.texas.gov
TXR-2501 IABS 1-0 Date
Lee Wheeler,4001%leches Beaamon1TX7770I Phone: 4098993300 Fax 4098993301 3455 Sarah - Troy
Lee Wheeler Produced with zipFcan@ by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.ziuLooix.com
doticop signature verification: dt1p.us/WXI0-W11u-g5K4
NOTICE TO PURCHASERS
The real property described below, which you are about to purchase, is located in Jefferson
County Drainage District No. 6. The District has taxing authority separate from any other taxing
authority and may, subject to voter approval, issue an unlimited rate of tax in payment of such bonds. As
of this date, the rate of taxes levied by the District on real property located in the District is 22.0587
cents on each $100 of assessed valuation.
The total amount of bonds that have been approved by the voters and which may be issued by the
District (excluding refunding bonds and any bonds or portion of bonds payable solely from revenues
received or expected to be received pursuant to a contract with a governmental entity) is $0; however,
contract revenue refunding bonds have been approved by the District's Board in the following original
amounts Series 2003 - $4,995,000. The aggregate initial principal amount of all bonds of the District
payable in whole or part from taxes (excluding refunding bonds and any bonds or portion of bonds
payable solely from revenues received or expected to be received pursuant to a contract with a
governmental entity) that have been previously issued is $0, however, the current principal amounts of
contract revenue refunding bonds out are as follows: Series 2003 Contract Revenue Refunding
Bonds - $950,000. The contract revenue refunding. bonds are serviced through taxes collected for.
maintenance and operating. Funds from maintenance and operating are transferred to debt service for
annual installments toward payment of the contract revenue refunding bonds. No separate tax is
collected for contract revenue refunding bonds.
The District does not impose a standby fee.
The purpose of this District is to provide drainage or flood control facilities and services within
the District through the issuance of bonds payable in whole or in part from property taxes. The cost of
these utility facilities is not included in the purchase price of your property, and these utility facilities are
owned or to be owned by the District.
The legal description of the property which you are acquiring is as follows:
See Exhibit A
Date (Seller)
PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS
SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY
ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER
OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED
BY THE DISTRICT. PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE
THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN
ON THIS FORM.
The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to
execution of a binding contract for the purchase of the eal property descr' ed in such notice or at
closing of purchase of the real property.
Date (Buyer)
C 0 U N S E L I N G.
Intended use for property 3455 Sarah Street Beaumont, TX 77708
With our continued success for over 18 years in the Houston area, On Site Counseling
will bring our services to Beaumont and surrounding areas. On Site Counseling will
provide optimum, systemized, behavioral and mental healthcare, support and counseling
services under one roof. The spacious faciIitywill offer top-tiercounseling and behavioral
and mental health care outpatient services to clients of all ages.
On Site Counseling provides cost-effective services to clients in a central location and will
welcome patients, on a voluntaryand involuntary basis, with the support of an innovative,
professional team of medical doctors, psychiatrists, nurse practitioners, clinical
psychologists, along with licensed clinical social workers and counselors. It is an
alternative to visiting the emergency room when you or a loved one is experiencing a
mental health crisis.
In addition to our day to day services, we will offer year-rou nd- programs to benefitthe
communityat-large including butnotlimited to summeryouth camps, individual and group
therapy, educational and informational workshops to support mental health, and sporting
activities to promote overall health. We will also provide transportation forthose in need
to participate.
Please see ourwebsite www.onsite-counseling.com foradditional information orfeel free
to call at anytime.
3007 Caroline Street
Houston, TX 77004-2822
(PH) 713-942-8100
(FAX) 713-533-1408
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 Earnest Money
Contract with Troy Marsaw, owner of On Site Counseling, for the sale of property located
at 3455 Sarah Street for a cash offer of $325,000.00; and,
BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to
execute all documents necessary for the sale of the property and improvements.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this'the 22nd day of
September, 2020.
- Mayor Becky Ames -
September 22, 2020
Consider a resolution approving the write off of uncollectible delinquent accounts
BEAUMONT
TEXAS
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
BACKGROUND
City Council
Kyle Hayes, City Manager
Todd Simoneaux, CFO
September 22, 2020
Council consider a resolution approving the write off of
uncollectible delinquent accounts.
This request is in accordance with the write-off policy approved by City Council on December
21, 1999. The policy gives Council the final authority to write-off an individual account
receivable identified as uncollectible when the balance due exceeds $1,000.00. Accounts
included are for transactions prior to September 2018 which have been sent to the collection
agency and collection efforts have been unsuccessful for more than one year. A summary by
receivable type is shown below.
Litter Charges - $1,850.00
Original charge dates range: 2018.
Hazmat Charges - $2,408.99
Original charge dates range: 2016.
EMS Ambulance Charges - $104,111.67
These charges from ambulance transports include uninsured claims or co -pay and
deductibles that the customer is responsible for. The original charge dates range from
2005 to 2018 and accounts have been uncollectible for at least one year.
Weed Abatement Charges - $126,823.15
Original charge dates range from 2014 to 2018.
Total to be written off - $235,193.81
If at any time an account becomes collectible after having been written off, the receivable shall
be adjusted accordingly. The balance of the account shall be reinstated and payments shall be
applied to that balance.
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 Council hereby approves, as an internal accounting procedure, the write-
off of the following delinquent accounts totaling $235,193.81 for which each individual
account exceeds $1,000, as shown on Exhibit "A" attached hereto:
; and,
Litter Charges $1,850.00
Hazmat Charges $2,408.99
EMS Ambulance Charges $104,111.67
Weed Abatement Charges $126,823.15
BE IT FURTHER RESOLVED THAT these debts are not being extinguished or
forgiven and if, at any time, an account becomes collectible after having been written off,
the receivable shall be adjusted accordingly and the balance of the account shall be
reinstated and payments shall be applied to that balance.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
September, 2020.
- Mayor Becky Ames -
WRITE OFF REQUEST - SEPTEMBER 2020
ACCOUNTS $1000 and GREATER
BY TYPE
LITTER
HAZMAT
EMS
WEED ABATEMENT
TOTAL
ALEXANDER MARY N
ALLIED INVESTORS MORTGAGE
ARCELLA
ATTRA, JOHN JASON ESTATE
BAKER, THOMAS
BALLARD, JOE D
BARNETT CHAPEL CHURCH OF
BEAUMONT CHARTER ACADEMY
BLAND, DONNIE LOUIS ET UX
BLUITT, LIPRINA
BODWIN JOHN B JR
BOLT, JULIUS ARNANDO
BREWER, CHARLES
BROSNAHAN, BRUCE E
BROUSSARD, KELLI BAGLEY
BROUSSARD, MICHEAL
BROWN GRANT, MILDRED
BROWN, MARCUS
BRUMLEY, ROSNIQUE
BURSEY, NATALIE
CARTER VERLINE (DECEASED)
CAUDLE, W T
CESAR, PAUL
CHAMPAGNE, JOSEPH
CHURCH, THOMAS BRETT
CITIZEN, PATRICK WAYNE
COCO, CONCETTA
COLA PETER EST
COMMERCIAL METALS CO P/S
CORM IER JAMES T ESTATE
CRAVENS, PATRICK A
CROSLAND, EUGENE L
DEJEAN, RANISHA
1,850.00 2/2018 - 12/2018
2,408.99 8/2016 - 8/2016
104,111.67 12/2005 - 8/2018
126,823.15 9/2014 - 7/2018
235,193.81
1,117.50
1,183.00
1,764.55
1,461.00
1,588.00
1,190.00
1,736.06
3,229.32
1,374.00
1,600.00
1,199.84
1,553.50
1,031.72
3,959.65
3,570.89
1,606.50
5,600.00
1,552.50
1,631.50
1,326.64
1,775.35
1,441.00
1,185.50
3,021.50
1,838.70
1,529.50
1,366.35
1,086.25
1,356.00
1,102.50
1,875.75
1,400.00
1,547.50
EXHIBIT "A"
DICKSON (DECEASED), ETHEL
3,076.20
DIVINE HOUSE OF REFUGE
1,686.00
DORSEY, LURAEA
1,768.00
DOSS, STEPHEN LEE
1,608.00
DRAGUSTINOVIS, CHRISTY
1,529.50
DUPLECHAIN IRENE
1,631.09
DURDEN, LINDA
1,624.00
ECHOLS GALLOGHAN, REGENA
1,490.50
EGLAND, GENEVA
1,140.00
FIELDS, JOHN E
1,064.50
FLORES, CLEMENTE
3,120.00
GOMEZ, ADOLFO
2,617.94
GRAY, CHELSIE
1,250.00
GUIDRY, RACHIEL
1,214.41
GUILLORY, TREY
1,571.50
HAMM, HOYT E
2,611.35
HANDY J R
1,004.00
HARMONY MISSIONARY BAPTIS
1,092.00
HAYNES ALFRED L & TAMARA
1,095.40
HENDRICKSON, JEANIE M
1,005.00
HENSLEY, MAX
2,320.50
HOLMAN, CASSANDRA
2,236.90
JACKSON FRANKIE D
1,392.60
JACKSON, BRANDI
1,532.50
JACKSON, LARRY
1,594.00
JOHNSON, JAMES ANTHONY
2,457.00
JOHNSON, SELENA (DECEASED
1,410.00
JONES, TREVIN ASPEN
2,408.00
JULIUS, BEULAH SCOTT
1,256.25
KING MARGERY KOFFMAN (EST
1,037.50
LANDRY ESTATE, L C
1,071.20
LANE, JERRY
2,615.00
LEONARD, TINA MARIE
1,625.00
LEWIS, OSCAR
1,511.50
LONG ESTATE, KEVIN RICHAR
3,116.25
MAPLE GROVE BAPTIST CHURC
1,025.40
MCKINSEY, RUSTIN CHASE
1,638.50
NECHES LODGE NO 593 BPOE
1,733.00
OBERG, JEREMY D & JESSICA
1,460.00
PALMER GWENDOLYN ANN
1,034.30
PARSONS JAMES A ESTATE
1,052.50
PEACOCK, JOSEPH
1,079.50
PEVETO, MARVENA ANN
1,562.00
PINEDA, ABELARDO
1,685.00
PRIVATE NATIONAL MORTGAGE
1,029.00
PULLEY, ALBERT
4,164.50
R & B HOMES LLC
1,502.00
REDEAU, LORI
1,900.00
RICHARD, CHARLES K
2,949.00
RICHARD, THERESA K
1,059.00
ROSSYION, JOSHUA
1,525.00
RUIZ, JOSE
1,349.75
SAM JR, EUGENE
1,587.00
SARKER, AKHIL C
2,080.00
SAUNDERS, ROBERT
2,309.00
SAVOIR, FALLAN GAIL
4,957.50
SIBLEY, THOMAS J
3,182.75
SIMMONS JAMES
1,532.50
SINCLARE, MARIANNE
1,748.67
SINGLETON, TAMESHA
1,532.50
STATEWIDE CAPITAL INVSTMT
1,053.50
STONEHAM, JESSICA
1,603.00
STORBECK, TIMOTHY J
1,436.50
STOTSKY, SEAN
1,158.22
STYLISH TRADITIONAL BUILD
1,278.00
SUNLIGHT BAPTIST CHURCH
3,121.00
SYLVESTER, KERRY
1,139.62
TATUM MYRTLE LAVERGNE
1,198.75
TAYLOR, EDDIE DANIEL
1,566.00
TERRELL, LAVERT BLANCHETT
2,852.50
THIBODEAUX JOSEPH
1,329.00
THOMAS, DEBORAH
3,075.00
THOMAS, MARK CURTIS
4,602.00
THOMPSON KEN M LLC
1,017.20
THOMPSON, REGINALD JAMES
1,600.00
TONEY, JASMINE
2,357.00
TRANS -ATLAS FINANCIAL INC
1,094.06
TREVINO, DANIEL W
1,680.45
TRUCKING SOLUTIONS UNLIMI
2,408.99
TURNER, JOSEPH
1,592.50
VARNEY, DECEASED GUY T
1,020.00
VASSAR, KATIE ELLEN BURD
1,598.00
VIDAL, GARLAND
2,310.00
VILLALOBOS, TOMAS (DECEAS
2,019.25
WARREN BROTHERS INC
2,530.00
WARREN SHIRLEY
1,497.50
WASHINGTON, REGINA
4,001.00
WATTS ROSS DECEASED
1,281.25
WENNSTROM FRANCES ET AL
1,351.24
WESTBROOKS, SHELLEY SHANTELL LI
1,596.00
WILKINSON, MARJORIE
1,526.50
WILLIAMS, GEORGE (DECEASE
1,096.00
WILLIAMS, NOLAN
1,042.50
WILSON L C ET UX
1,678.25
YOUNG, CARLNISHA DELOR
3,000.50
YOUNG, GWENDOLYN
1,607.50
ZENN, JASMINE
1,611.00
0
September 22, 2020
Consider an ordinance granting a new solid waste franchise agreement to Neches Management
Services
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: September 22, 2020
REQUESTED ACTION: Council consider an ordinance granting a new solid waste franchise
agreement to 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 them a franchise agreement. Neches Management Services manages
construction and disposal services for clients locally with an office at 1440 Spindletop Ave.
Beaumont, TX 77705.
The proposed agreement 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 final reading.
FUNDING SOURCE
A franchise fee of seven percent (7%) of gross receipts will be paid to the City.
RECOMMENDATION
Approval of the ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR
SOLID WASTE COLLECTION AND TRANSPORTATION
SERVICES TO NECHES MANAGEMENT SERVICES.
WHEREAS, Neches Management Services (the "Company") has requested a
franchise to operate a solid waste collection and transportation service within the City of
Beaumont, Texas (the "City");.and,
WHEREAS, the City desires to grant such franchise;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
Grant of Authority
There is hereby granted by the City to Neches Management Services the right and
privilege to operate and maintain within the City a solid waste collection and transportation
service (the "service"). For purposes of this franchise, the term "solid waste collection
and transportation service" shall mean the business of collection, hauling or transporting
any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such
material in accordance with law. The franchise granted herein is nonexclusive, and
franchises may be granted to other persons for service.
Section 2.
Term of Franchise
The franchise herein granted shall take effect and be in force sixty (60) days after
the final passage hereof as required by law and upon the filing by the Company of an
acceptance with the City Clerk, and shall continue in force and effect until one (1) year
thereafter. The acceptance required hereunder must be in writing and filed with the City
Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term
hereof, this franchise shall continue on a month -to -month basis until terminated by either
party or extended or replaced.
Section 3.
Rates
The Company shall establish rates for service which are uniform as to customer
class based upon such criteria as type of waste, container size, frequency of collection,
and distance of travel. The Company shall file its initial rates for service with its
acceptance as required herein. Such rates shall, unless modified by the City, be effective
with the effective date of this franchise. Any modifications in rates by the Company shall
first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days
after such filing unless modified by City as provided herein. Nothing herein shall prevent
the Company from charging uniform rates which are less than the rates filed with the City.
The City shall have the right to establish rates charged by Company for services
performed hereunder, after notice and hearing. Rates established by the City shall be
sufficient to allow the Company an opportunity to earn a reasonable return on its invested
capital used in providing such services.
Section 4.
Franchise Fee
The Company shall pay to the City, on or before the fifteenth (15th) day of each
month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service
in the previous month as payment for the use of the City's streets, alleys and rights-of-
way. The payments herein provided do not relieve Company from the payment of ad
valorem taxes, special assessments, charges, or other fees applicable to the public
generally. City shall have the right, at any reasonable time, to audit the books and records
of the Company and the Company is hereby required to make such books and records
available at the request of City. Upon written acceptance, the Company shall furnish to
the City a listing of customers served, including customer name, address, frequency of
pick-up, size of container or type of service and charge for same. The following reports
shall be filed monthly with the City Manager or his designee along with the street rental
payment required herein:
1.. Upon written request and within thirty (30) days of receipt, the
Company shall furnish to the City adequate reconciliation of
reported revenues which would include: a listing of names and
addresses of all customers served, frequency of pick-up, size
of container or type of service and charge for same, and date
service was initiated and discontinued.
Section S.
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
C
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.
Section 10.
Interruption of Service
In the event that service shall be interrupted for any reason for more than forty-
eight (48) hours, the City shall have the right to make temporary independent
arrangements for the purposes of continuing this necessary service to its residents in
order to provide or protect the public health and safety. If the interruption in service
mentioned herein continues for a period of seventy-two (72) hours, then the City shall
have the right to terminate the rights and privileges granted in this franchise.
Section 11.
Termination
In the event that any provision of this franchise is violated by the Company, the
City may serve written notice upon the Company of its intention to terminate this franchise.
The notice shall contain the reasons for such intention to terminate the franchise. Unless
within ten (10) days after mailing such notice by City to the Company, such violation shall
cease, or satisfactorily arrangements for correction be made by Company, the City
Council may, after a public hearing in which Company is provided an opportunity to
present evidence concerning such violation, declare the franchise terminated and serve
written notice upon the Company of the termination and the termination of the franchise
shall be effective upon the mailing of such notice.
Section 12.
Transfer of Franchise Rights
Franchise rights granted hereunder shall not be transferred to another without
the approval of City. A single transfer or a series of transfers of Company's stock which
constitute a transfer of a majority interest in Company is subject to the prior approval of
City.
Section 13.
Notices
Where written notices are provided for in this ordinance, same shall be sufficient
to notify Company when provided by certified mail to:
Neches Management Services
1440 Spindletop Ave.
Beaumont, Texas 77705
Notice to City is sufficient if mailed by certified mail to:
City Manager
City of Beaumont
P.O. Box 3827
Beaumont, TX 77704
Section 14.
If any section, sentence, clause, paragraph or phrase of this ordinance, other
than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not
effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid
for any reason, the ordinance shall be immediately invalid.
Section 15.
It is agreed by City and Company that venue of any legal proceedings under this
franchise agreement shall be in Jefferson County, Texas.
Section 16.
Vehicle Permits
Twenty (20) days prior to the effective date of this franchise, the Company shall
furnish to the City a list of all vehicles to be providing solid waste collection and disposal
service under this franchise. Such list shall include state license number, year, make,
model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid
City of Beaumont landfill permit will not be allowed to operate under this agreement nor
utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to
be in noncompliance with Section 7 of this franchise, the Company will be notified of its
violation and said equipment or vehicle shall be removed from service upon receipt of
written notification.
Failure to comply with this provision or to falsify the information concerning the
location of -the service of the vehicle shall be a material breach of this franchise. Should
City decide not to terminate this franchise because of any violation of this Section,
Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles
for a period of sixty (60) days.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this
the 18th day of August, 2020.
PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading
this the 8th day of September, 2020.
PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this
the 22nd day of September, 2020.
- Mayor Becky Ames -
ACCEPTANCE:
Neches Management Services
(Company Owner/Representative)
September 22, 2020
Consider amending Ordinance No. 20-031 related to the Public Health Emergency Disaster
Orders for the City of Beaumont and opening certain City facilities
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: September 22, 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.
This item was placed on the agenda at the request of Mayor Ames and Councilmember Neild.
ORDINANCE NO.
ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING
ORDINANCE 20-031 TO AMEND THE PUBLIC HEALTH EMERGENCY
DISASTER ORDERS FOR THE CITY OF BEAUMONT; ALLOWING THE
OPENING OF CITY FACILITIES; PROVIDING FOR SEVERABILITY;
PROVIDING. FOR A PENALTY AND PROVIDING FOR REPEAL.
WHEREAS, on the 16t" day of March 2020, the Mayor issued a Proclamation, as
was amended March 19, 2020 and March 23, 2020, declaring a State of Disaster for the
City of Beaumont, Texas resulting from the imminent threat to the public health and the
potential loss of life from the spread of 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 other City facilities; and,
WHEREAS, the City Council, on July 28, 2020, passed Ordinance No. 20-031
amending Ordinance No. 20-020 to amend the Public Health Emergency Disaster Orders
for the City of Beaumont providing for the closure of certain City facilities; and,
WHEREAS, the City Council, on September 8, 2020, passed Ordinance No. 20-
045 amending Ordinance No. 20-031 to amend the Public Health Emergency Disaster
Orders for the City of Beaumont opening the Beaumont Children's Museum leaving other
facilities closed to the public; and,
WHEREAS, the City of Beaumont has seen a decrease in the number of reported
positive COVID-19 cases and additional deaths in the past several weeks; and,
WHEREAS, it is in the best interest of the citizens of Beaumont to review the City
of Beaumont Declaration of Local Disaster Orders addressing the 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. 20-031 amending the declared State of Local Disaster be
amended to further amend the adopted Declaration Orders as follows:
That Section 1 of the March 23, 2020 amendment to the Declaration, attached
hereto as Exhibit "A," as amended is hereby repealed terminating previous closure
orders, thereby allowing the opening of all City facilities not yet open to the public
by prior action of the City Council.
That Section 2 of the March 23, 2020 amended Declaration as extended shall
remain in effect until terminated.
Section 2.
The City of Beaumont suspends the charging and collection of all fares for service
for the Beaumont Municipal Transit System. Beaumont Municipal Transit shall enforce
the social distancing requirements. Travel shall be limited to the essential travel as
outlined herein.
Section 3.
Temporary Outdoor Restaurant Operations Permit: The City of Beaumont will allow
the use of outdoor seating in parking lot areas of restaurants using tents, umbrellas or
other covering upon application and the issuance of a permit.
Section 4.
That the proclaimed State of Public Health Disaster for the City of Beaumont shall
continue in effect until terminated by the City Council.
Section 5.
That if any section, subsection, sentence, clause or phrase of this ordinance, or
the application of same to a particular set of persons or circumstances should for any
reason be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 6.
Any person who shall violate any provision of this ordinance shall be deemed guilty
of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed
$2,000.00. Each day of violation shall constitute a separate offense.
Section 7.
This ordinance is passed as an emergency measure and pursuant to local
authority for emergency measures and shall become effective immediately upon its
approval.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
September, 2020.
- Mayor Becky Ames -
CITY OF BEAUMONT
SECOND AMENDED DECLARATION OF LOCAL DISASTER
DUE TO PUBLIC HEALTH EMERGENCY
WHEREAS, on March 18, 2020, pursuant to Texas Government Code, Section
418.108(b), the Mayor, as Emergency Management Director, declared for the City of
Beaumont a local disaster due to public health emergency caused by the threat of the
transmission and spread of COVID-19 In the City of Beaumont; and,
WHEREAS, due to the ongoing threat of the spread of the COVID-19 virus and the
need to update measures to reduce the potential of exposure and transmission of the
disease, it is necessary to amend the Declaration of Local Disaster;
NOW, THEREFORE, BE IT PROCLAIMED BY THE
MAYOR OF THE CITY OF BEAUMONT, TEXAS:
THAT the March 16, 2020 Declaration of Local Disaster as amended March 19,
2020 be amended and supplemented as follows:
Section 1. City Facilities. in keeping with the directives of the CDC, the following
City facilities will be closed to the public: City Hall, the Downtown Library, Tyrrell
Historical Library, Civic Center, Event Centre, Julie Rogers Theatre, Jefferson Theatre,
Lakeside Center, Sterling Prultt Center, community centers, Athletic Complex, Tennis
Center, the Municipal Court and the Convention and Visitors Bureau facilib(. The City
Council will considerthese closures at the Council meeting held Monday, March.23, 2020
In the City Council Chambers at 1:30 p.m.
The following facilities will remain open to the public for normal operations: Henry
Homberg Golf Course, Municipal Transit, City parks, Elmo Willard Library, Theodore
Johns Library, and the Miller Library. No special events will be scheduled at these
facilities.
Section 2. That the operation of the competitive bidding requirements of the City
of Beaumont are hereby suspended and removed for a period of ninety (90) days from
and after March 23, 2020, unless the State of Disaster is earlier terminated, provided
however,,that Insofar as practical bids, quotations, or estimates"of material, labor an
d other costs for purchases, goods, works, and the like described shall be dillgenily 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, quotaflon, or estimate
shall be within the sole discretion of the City Manager or his designee and his decision
shall be final.'
signingSection 3. This amendment and supplement shall take effect immediately upon
EXHIBIT "A"
J
f ORDERED thisp23 ay of March, 2020.
A EST: - Alf y r Bec Ames -
r
City Clerk e����®d`��
61