HomeMy WebLinkAbout11/17/2020 PACKETBEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS CITY HALL 801 MAIN STREET
TUESDAY, NOVEMBER 17, 2020 1:30 PM
CONSENT AGENDA
* . Approval of minutes —November 3, 2020
Confirmation of board and commission member appointments
Bobby Beaver would fill the unexpired term of Andy Bogan on the Convention and Tourism
Advisory Board. The term would commence November 17, 2020 and expire September 30,
2021 (Mayor Pro Tern Randy Feldschau)
Christina Crawford would fill the unexpired term of Marie Broussard as the Beaumont Heritage
Society's Representative on the Historic Landmark Commission. The term would commence
November 17, 2020 and expire September 30, 2021 (Mayor Becky Ames)
A) Authorize the City Manager to apply for and accept an Airport Project Participation
Agreement (APPA) Grant from the Texas Department of Transportation (TxDOT)
Aviation Division
B) Authorize the City Manager to execute Change Order No. 1 to the contract with King
Solutions Services, LLC
C) Approve contracts to provide lubricants for use in City vehicles and equipment
RESOLUTION NO. _
BE IT RESOLVED BY THE CITY COUNCIL'OF THE
CITY OF BEAUMONT:
THAT Bobby Beaver is appointed to the Convention and Tourism Advisory Board to fill
the unexpired term of Andy Bogan. The term will commence November 17, 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 17th day of
November, 2020.
- Mayor Becky Ames -
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT Christina Crawford is appointed to the Historic Landmark Commission to fill the
unexpired term of Marie Broussard. The term will commence November 17, 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 17th day of
November, 2020.
- Mayor Becky Ames -
0
B.EAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: November 17, 2020
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply
for and accept an Airport_ Project Participation. Agreement (APPA)
Grant from the Texas Department of Transportation (TxDOT)
Aviation Division.
BACKGROUND
TxDOT's Aviation Division provides a APPA Grant to assist local governments with eligible
capital improvement programs. The State offers a 90/10 matching grant up to $150,000 each
fiscal year.and can be banked for up to four years for a total cap of $.600,000.
If approved, the grant funds will be used on a runway and ramp reseal project at the Beaumont
Municipal Airport. The estimated cost of this project is $665,000.
FUNDING SOURCE
TxDOT Aviation $600,000 and City's match of $66,500 from the Beaumont Municipal Airport
Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, the City of Beaumont intends to make certain improvements to the
Beaumont Municipal Airport; and,
WHEREAS, the general description of the project is described as the Runway and
Ramp Reseal Project; and,
WHEREAS, the City of Beaumont intends to request financial assistance from the
Texas Department of Transportation for these improvements; and,
WHEREAS, total project costs are estimated to be $665,000.00, and the City of
Beaumont will be responsible for 10% of the total project costs currently estimated to be
$66,500.00; and,
WHEREAS, the City of Beaumont names the Texas Department of Transportation
as its agent for the purposes of applying for, receiving and disbursing all funds for these
improvements and for the administration of contracts necessary for the implementation
of these improvements;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City of Beaumont hereby directs the City Manager to execute on behalf
of the City of Beaumont, at the appropriate time, and with the appropriate authorizations
of this governing body, all contracts and agreements with the State of Texas, represented
by the Texas Department of Transportation, and such other parties as shall be necessary
and appropriate for the implementation of the improvements of the Beaumont Municipal
Airport.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
November, 2020.
- Mayor Becky Ames -
6
BE . AUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services
MEETING DATE: November 17, 2020
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute Change. Order No. 1 to the contract with King Solutions
Services, LLC.
BACKGROUND
On June 2, 22020, by Resolution 20-113, City Council awarded a contract to King Solutions
Services, LLC, of Houston, in the amount of $1,833,508.00, for the Pipe Bursting Work Order
Contract — Phase III.
Proposed Change Order No. 1, in the amount of $26,250.00, is needed to make changes to the
original contract bid items due to site conditions discovered once construction began. The bid
item for furnishing and installing an end of line cleanout was not included in the original scope
of work. The contract includes a contingency allowance amount of $100,000.00. If approved,
Change Order No. 1 will be deducted from the contingency allowance resulting in no change to
the original contract amount.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.20-1.13
WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials,
equipment, and supplies for the Pipe Bursting Work Order Contract -Phase III Project;
and,
WHEREAS, King Solutions Services, LLC, of Houston,. Texas, submitted a
complete bid meeting specifications in the amount of $1,833,508.00; and,
WHEREAS, the City Council is of the opinion that the bid. submitted by King
Solutions Services, LLC, of Houston, Texas, is the lowest responsible bidder providing
services at the best value to the City and -should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Council hereby approves the award of a contract to King Solutions
Services, LLC, of Houston, Texas, in the amount of $1,833,508.00, for the Pipe Bursting
Work Order Contract -Phase III Project; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with King Solutions Services, of Houston,- Texas, for
the purposes described herein.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City. of Beaumont this the 2nd day, of
June, 2020.
CITY OF BEAUMONT
Date: October20,2020 -
Project: Pipe Bureling Work Order Contract Phase III
County: ... deffereon
Diokicl: Beaumont
Contract Number. BID NO. W1,11120.05
Owner, City of Document
Contractor: King SolulionoServicea,LLC
C.O. No.: i
THE-FOLLOWiNG CHANGES THE P D Oq SP IF B ARE HEREBY MADE,
Duo to the unknown field cendlillons prior to creating, the first sot of work orders, the Item for furnishing and installing an end of line deanout was not
Included In the original scope. The funds for the addilion of iltis change order will come from the allowanc which is already factored into the contractamount.
Item No.
Item Codo
DESCRIPTION
Unit
Original
Quanlitv
Change in
Uunntity
Unit Price
Total
ADD
25
2534
Fumish and Install End of the One Cleanoul
EACH
0
1 25.00
$. . 1,050.00
$. .26,250.00
DELETE
Allowance
-
Unforsoen Woik as Directed by the Owners
ALLOW
1
-0.2625up
S tOD,000.OD
S (26,250.00)
TOTAL AMOUNT OF THIS CHANGE ORDER
S
0 WORKING DAYS WILL BE ADDEDTO THIS CHANGE ORDER
ORIGINAL CONTRACT AMOUNT: S 1,833,508.00
NET FROM PREVIOUS CHANGE ORDERS: S .1.
TOTAL AMOUNTOF THIS CHANGE ORDER: S
PERCENT OF THIS CHANGE ORDER: 0.000/0
TOTAL PERCENTZHANGE ORDER TO DATE: 0.0095
NEW CONTRACT AMOUNT. $ 1,833,508.00
CONTRACT TiME
ORIGINALCONTFIACTTIME: 4o0catendardays -
ADDITIONAL TIME UNDER CO N0.,1 0 calendardays
REVISED CONTRACT TIME 400 calendardays
ACCEPTED BY: PREPARED BY:
1 :INGSD ION RYICES, LLC-REP DATE JOHNPIPP
WATER ES DESIGN MANAGER
REVIEWE Y: REVIEW
AMALIAVILLAAREAL,P.E. PATE
CRY ENGINEER DIRECTOR OF PUB LIC WORKS 6.
TECHNOLOGY SERVICES -
APPROVED BY: ATTESTED BY:
KiLEHAVES DATE TiNABROUSSARD DATE
CRY MANAGER CITY.CLERK
4
RESOLUTION NO.
WHEREAS, on June 2, 2020, the City Council of the City of Beaumont, Texas
passed Resolution No. 20-113 awarding a contract in the amount of $1,833,508.00 to
King Solutions Services, LLC, of Houston, Texas, for the Pipe Bursting Work Order
Contract -Phase III Project; and,
WHEREAS, a contingency allowance in the amount of $100,000.00 was included
in the above noted contract; and,
WHEREAS, Change Order No. 1, in the amount of $26,250.00, is required to
provide for additional furnishing and installation of an end of line cleanout not included in
the original contract bid items due to site conditions discovered once construction began,
thereby decreasing the contingency allowance of $100,000.00 to $73,750.00 and having
no effect on the total contract amount of $1,833,508.00;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Change Order
No. 1 for additional work described above, thereby decreasing the contingency allowance
by $26,250.00 for a total contingency amount of $73,750.00 and having no effect in the
total contract amount of $1,833,508.00 for the Pipe Bursting Work Order Contract -Phase
III Project.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
November, 2020.
- Mayor Becky Ames -
C
BEAUMONT
. T.EXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: November 17, 2020
REQUESTED ACTION: Council consider a resolution approving contracts to provide
lubricants for use in City vehicles and equipment.
BACKGROUND
Bids were solicited for a six-month contract to supply approximately 12,811 gallons of various
lubricants at fixed costs for use by various City departments in maintaining vehicles and _
equipment. Specifications allow for a six-month extension upon expiration of the original term at
the same pricing as awarded herein.
Bids were requested from 13 vendors and four responses were received. Specifications stated
that the City could award the contract(s) to multiple vendors as deemed to be in the best interest
of the City. The specifications have been divided into seven sections. It is recommended that
Sections 1, 3, and 5 be awarded to Midtex Oil, L.P., of Beaumont, in the amount of $78,885.58;
Sections 2 and 7 be awarded to Tri-Con, Inc., of Beaumont, in the amount of $4,879.60; Section
4 be awarded to Spidle & Spidle, of Port Arthur, in the amount of $26,242.50 and Section 6 be
awarded to Apache Oil, of Pasadena, in the amount of $4,917.50.
Bid tab is attached.
FUNDING SOURCE
Fleet Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, bids were solicited for a six (6) month contract, with an option to renew
for a period of six (6) months at the same pricing as the awarded contract, for the
purchase of lubricants for use by various City departments in maintaining vehicles and
equipment; and,
WHEREAS, Midtex Oil, L.P., of Beaumont, Texas, submitted a qualified bid for
Section 1 in the unit amounts shown on Exhibit' A," attached hereto, for an estimated total
expenditure of $65,355.45; and,
WHEREAS, Tri-Con, Inc., of Beaumont, Texas, submitted a qualified bid for
Section 2 in the unit amounts shown on Exhibit' A," attached hereto, for an estimated total
expenditure of $2,557.60; and,
WHEREAS, Midtex Oil, L.P., of Beaumont, Texas, submitted a qualified bid for
Section 3 in the unit amounts shown on Exhibit 'A" attached hereto, for an estimated total
expenditure of $7,515.25; and,
WHEREAS, Spidle and Spidle, Inc., of Port Arthur, Texas, submitted a qualified
bid for Section 4 in the unit amounts shown on Exhibit 'A" attached hereto, for an
estimated total expenditure of $26,242.50; and,
WHEREAS, Midtex Oil, L.P., of Beaumont, Texas, submitted a qualified bid for
Section 5 in the unit amounts shown on Exhibit 'A" attached hereto, for an estimated total
expenditure of $6,014.88; and,
WHEREAS, Apache Oil, of Pasadena, Texas, submitted a qualified bid for Section
6 in the unit amounts shown on Exhibit 'A," attached hereto, for an estimated total
expenditure of 4,917.50; and,
WHEREAS, Tri-Con, Inc., of Beaumont, Texas, submitted a qualified bid for
Section 7 in the unit amounts shown on Exhibit "A," attached hereto, for an estimated total
expenditure of $2,322.00; and,
WHEREAS, City Council is of the opinion that the bids submitted by Midtex Oil,
L.P., of Beaumont, Texas (Sections 1, 3 & 5); Spidle and Spidle, Inc., of Port Arthur,
Texas (Section 4); and, Tri-Con, Inc., of Beaumont, Texas (Sections 2 & 7) offers the City
the best combination of contract price and additional economic development opportunities
for the municipality created by the contract award, including the employment of residents
of the municipality and increased tax revenues to the municipality and should be
accepted; and,
WHEREAS, City Council is of the opinion that the bid submitted by Apache Oil, of
Pasadena, Texas (Section 6), is the lowest responsible bidder providing services at the
best value to the City and should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the bid submitted by Midtex Oil, L.P., of Beaumont, Texas, for a six (6) month
contract, with an option to renew for a period of six (6) months, for the purchase of
lubricants for use by various City departments in maintaining vehicles and equipment in
the unit amounts shown in Section 1 on Exhibit "A," attached hereto, for an estimated
amount of $65,355.45 be accepted by the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the bid submitted by Tri-Con, Inc., of
Beaumont, Texas, for a six (6) month contract, with an option to renew for a period of six
(6) months, for the purchase of lubricants for use by various City departments in
maintaining vehicles and equipment in the unit amounts shown in Section 2 on Exhibit
"A," attached hereto, for an estimated amount of $2,557.60 be accepted by the City of
Beaumont; and,
BE IT ALSO RESOLVED THAT the bid submitted by Midtex Oil, L.P., of Beaumont,
Texas, for a six (6) month contract, with an option to renew for a period of six (6) months,
for the purchase of lubricants for use by various City departments in maintaining vehicles
and equipment in the unit amounts shown in Section 3 on Exhibit "A," attached hereto,
for an estimated amount of $7,515.25 be accepted by the City of Beaumont; and,
BE IT ALSO RESOLVED THAT the bid submitted by Spidle and Spidle, Inc., of
Port Arthur, Texas, for a six (6) month contract, with an option to renew for a period of six
(6) months, for the purchase of lubricants for use by various City departments in
maintaining vehicles and equipment in the unit amounts shown in Section 4 on Exhibit
"A," attached hereto, for an estimated amount of $26,242.50 be accepted by the City of
Beaumont; and,
BE IT ALSO RESOLVED THAT the bid submitted by Midtex Oil, L.P., of Beaumont,
Texas, for a six (6) month contract, with an option to renew for a period of six (6) months,
for the purchase of lubricants for use by various City departments in maintaining vehicles
and equipment in the unit amounts shown in Section 5 on Exhibit "A," attached hereto,
for an estimated amount of $6,014.88 be accepted by the City of Beaumont; and,
BE IT ALSO RESOLVED THAT the bid submitted by Apache Oil, of Pasadena,
Texas, for a six (6) month contract, with an option to renew for a period of six (6) months,
for the purchase of lubricants for use by various City departments in maintaining vehicles
and equipment in the unit amounts shown in Section 6 on Exhibit "A," attached hereto,
for an estimated amount of $4,917.50 be accepted by the City of Beaumont; and,
BE IT ALSO RESOLVED THAT the bid submitted by Tri-Con, Inc., of Beaumont,
Texas, for a six (6) month contract, with an option to renew for a period of six (6) months,
for the purchase of lubricants for use by various City departments in maintaining vehicles
and equipment in the unit amounts shown in Section 7 on Exhibit "A," attached hereto,
for an estimated amount of $2,322.00 be accepted by the City of Beaumont; and,
BE IT ALSO RESOLVED THAT the City Manager be and he is hereby authorized
to execute a contract with Midtex Oil, L.P., of Beaumont, Texas; Spidle and Spidle, Inc.,
of Port Arthur, Texas; Tri-Co, Inc., of Beaumont, Texas; and, Apache Oil, of Pasadena,
Texas, for the purposes described herein.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
November, 2020.
- Mayor Becky Ames -
BEAUMONT
TEXAS
Bid Name: Six (6) Month Contract for Automotive Lubricants
Bid Number: MF1021-08
Bid Opening: Thursday, November 5, 2020 @ 2:00 P.M.
Contact Person: Christy Williams, Buyer II
christy.williams@beaumonttexas.gov
Phone: 409-880-3758
CITY OF BEAUMONT, BEAUMONT, TEXAS
PURCHASING DIVISION, BID TABULATION
Vendor
Tri-Con, Inc
Spidle & Spidle
Apache Oil
Midtex Oil, LP
City / State
Beaumont, Texas
Port Arthur, Texas
Pasadena, Texas
Beaumont, Texas
Phone or Fax No.
409-835-2237
409-727-4400
281-487-5400
409-866-0333
Section DESCRIPTION
TOTAL BID PER SECTION
TOTAL'BID PER SECTION
TOTAL BID PER SECTION
TOTAL BID PER SECTION
I
BULKOIULUBRICANTS
$69,472.21
$67,023.31
$78,992.10
$65„355�45
TRANSMISSION
II
FLUID/HYDRAULIC OIL
$2,5...
$4,700.85
$2,902.50
$2,450.45
III
ANTIFREEZE/ COOLANTS
$7,997.50
��$715.25
SYNTHETIC HD AUTOMATIC
TRANSMISSION FLUID FOR
TRANSMISSIONS
REQUIRING ALLISON TES -
IV
295 FLUIDS
***9952.50
$66,242.50
$29,437.50
$27,367.50
CATERPILLAR SPECIFIC
V
LUBRICANTS
$6,783.54
$6,394.12
$7,728.70
VI
SHELF OILS/LUBRICANTS
$5,093.25
$9,017.50
$4,917 50
$6,119.50
VII
DIESEL EXHAUST FLUID
��$2,32,2.,O,Q ��j$2,430.00
$2,520.00
$2,332.80
TOTAL BID
$96,394.94
$115,808.28
-F-
$134,495.80
$117,155.83
***vendor made a calculation error and can not honor pricing so bid has been rescinded.
SECTION VIII WAS REMOVED FROM THE BID PER ADDENDUM 1 ON 10129/20202
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BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS CITY HALL 801 MAIN STREET
TUESDAY, NOVEMBER 17, 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/Consent
Agenda
Consent Agenda
GENERAL BUSINESS
1. Consider a resolution authorizing the lease of 22 vehicles from Enterprise FM
Trust
2. Consider a request for the conveyance and dedication of private streets and
infrastructure in the Oak Trace Subdivision to the City of Beaumont
3. Consider approving a Substantial Amendment to the Consolidated Grant
Program's 2020 Action Plan.to include Community Development Block Grant
reallocated funds for the Public Facilities and Improvements line item and
consider approving a resolution. adopting the amended Consolidated Grant
Program's 2020 Action Plan
4. Consider a resolution authorizing a contract with Voya Financial for Stop Loss
Insurance
COMMENTS
Public Comment (Persons are limited to 3 minutes)
Councilmembers/City Manager/City Attorney comment on various matters
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section.551.071 of the Government Code:
Lizabeth M. Noble, Individually and on Behalf of All Others Similarly
Situated v. City of Beaumont; Cause No. 1:20-cv-400
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
November 17, 2020
Consider a resolution authorizing the lease of 22 vehicles from Enterprise FM Trust
BEAUMONT
TO:
FROM: -
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
City Council
Kyle Hayes, City Manager
Todd Simoneaux, Chief Financial Officer
November 17, 2020
Council consider a resolution authorizing .the lease of 22 vehicles
from Enterprise TM Trust.
BACKGROUND
In September of 2016, City Council approved an equity lease agreement with Enterprise FM
Trust (EFM) through Resolution No. 16-187. The contract was awarded by the City to EFM by
utilizing the TIPS USA cooperative contract #2072816.
The City of Beaumont's fleet includes over 400 vehicles that are light weight or medium sized
vehicles. These vehicles range in age from new to more than 20 years old, with an average age of
eight (8) years. Each year during the budget. process, all fleet vehicles are looked at for age, .
mileage, maintenance and repair cost, and priority in providing city services to determine if they:
need to be replaced.
EFM's fleet management program provides a solution to this problem of aging vehicles through
equity leases and resale. The equity lease is typically for a term of five years. At the end of the.
lease term the City can either purchase the vehicle for the residual value or can have EFM sell
the vehicle through auction whereby the City receives the net proceeds. At that time the City can
either keep the proceeds or use them to put another new vehicle under lease. The advantages to
this program include the creation of a replacement cycle for city vehicles, reduced maintenance
costs, higher resale return through a broad and well established resale network and more properly
matched vehicles to the needs of the operation. There are no wear and tear penalties or mileage .
restrictions built into the lease.
Seventeen (17) vehicles have been identified to be replaced through an equity lease pursuant to
the master agreement approved by Council in September of 2016. The average age is 10 years .
with models ranging from 2000-2014. The vehicles were identified based on mileage, age,
maintenance costs and availabilityof parts. In addition, five (5) vehicles will be added through
this equity,lease. The 22 vehicles will be new vehicles ordered by EFM who has leveraged
government discounts with all manufacturers.
The Texas Local Government Code Chapter 791 allows a governmental agency to enter a joint
purchasing agreement. The City entered this lease agreement with EFM through Region VIII
Education Services Center, The Interlocal Purchasing System or. TIPS which awarded a
competitively bid contract.
FUNDING SOURCE
The estimated annual payments include $47,969 from the Capital Reserve Fund, $5,002 from the
Solid Waste Fund, $68,522 from the Water Fund, and $10,026 from the Airport Fund.
RECOMMENDATION
Approval of the resolution.
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 lease twenty-two (22) vehicles
for use by various City departments pursuant to the existing Master Equity Lease
Agreement as amended between the City of Beaumont and Enterprise FM Trust. The
Equity Lease Menu Pricing is attached hereto as Exhibit "A" and made a part hereof for
all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
November, 2020.
- Mayor Becky Ames -
City of Beaumont
Menu Pricing
FLEET MANAGEMENT
QuoteEFM
4752482
2021
Ford
F-150
XL 4x2 SuperCab Styleside 6.5
ft. box 145 in. WB
4752486
2021
Ford
F-150
XLT 4x2 SuperCrew Cab
Styleside 5.5 ft. box 145 in. WB
4752470
2021
Ford
Eco Sport
S Front -wheel Drive
4752488
2021
Ford
F-150
XL 4x2 SuperCrew Cab
Styleside 5.5 ft. box 145 in. WB
4752504
2021
Ford
F-150
XL 4x4 SuperCrew Cab
Styleside 5.5 ft. box 145 in. WB
4752510
2021
Ford
F-150
XL 4x2 SuperCrew Cab
Styleside 5.5 ft. box 145 in. WB
4771096
2021
Ford
F-150
XL 4x2 SuperCab Styleside 6.5
ft. box 145 in. WB
4771095
2021
Ford
F-150
XL 4x2 SuperCab Styleside 6.5
ft. box 145 in. WB
4771093
2021
Ford
F-150
XL 4x2 SuperCab Styleside 6.5
ft. box 145 in. WB
4752521
2021
Ford
F-150
XL 4x2 Regular Cab Styleside
6.5 ft box 122 in. WB
4752447
2021
Nissan
Altima
2.5 SL 4dr Front -wheel Drive
BEAUMONT
TEXAS
Equity Lease Menu Pricing
Quantity
3
Term
60
Estimated Annual
Mileage
12000
1
60
12000
1
60
12000
2
60
12000
1
60
12000
7
60
12000
1
60
12000
1
60
12000
1
60
12000
1
60
12000
3
60
12000
*Lease rates are based upon factory order pricing and miles per year
**Maintenance includes one set of brakes and no tires
Monthly Cost
(Lease Rate)*
$444.44
Annual Cost Including
Maintenance
$5,333.28
$615.91
$7,390.92
$316.50
$3,798.00
$534.05
$6,408.60
$573.03
$6,876.36
$565.59
$6,787.08
$474.61
$5,695.32
$474.61
$5,695.32
$474.61
$5,695.32
$416.83
$5,001.96
$417.75
$5,013.00
Annual Cost Including
Maintenance by
Quantity
$ 15,999.84
$ 7,390.92
$ 3,798.00
$ 12,817.20
$ 6,876.36
$ 47,509.66
$ 5,695.32
$ 5,695.32
$ 5,695.32
$ 5,001.96
$ 15,039.00
Total Annual Cost Including Maintenance $131 518.80
Total Annual One Time Aftermarket Cost $0.00
Total Annual Expense for 22 Vehilces $131 518.80
Wo
m
X
L1
2
November 17, 2020
Consider a request for the conveyance and dedication of private streets and infrastructure in the
Oak Trace Subdivision to the City of Beaumont.
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: November 17, 2020
REQUESTED ACTION: Consider a request for the conveyance and dedication of private
streets and infrastructure in the Oak Trace Subdivision to the City
of Beaumont.
BACKGROUND.
Bernadette Toups, President of the Oak Trace Homeowners Association, has requested that the
City of Beaumont accept maintenance of the private street known as Oak Trace, and
infrastructure. In 2017, the City adopted a process for the conversion of private streets and other
infrastructure to public ownership and maintenance. Attached is an analysis of the condition of
the existing private infrastructure, conducted by the Public Works Department.
At a Joint Public Hearing held on February 17, 2020, the Planning Commission recommended
7:0 to approve a proposed Ratification for the conveyance and dedication, of private streets and
infrastructure to the City of Beaumont once completed with the following condition:
1. Approval of conveyance document by City Council.
The conveyance document has now been signed by the Association Members/Lot Owners and is
ready for consideration.
FUNDING SOURCE
Not applicable.
RECOMMENDATIONS
Approval of the Ratification.
I 'I,
i.
r . r..
._. MEMORANDU'
City71
; of Beaumont;. Tezas
Date , Jan 24 2018 " - _
To Kyle Hayes, City Manager
From Joseph Majdalani; P K; Pub13c Works lluector
Sulilect, ,; Home Owner`s Associatio*(SOA) Subdivisions Breakdown Uak'Trace;_
r
Sandlewood Trails amd Woodpak ti
tub
Attached for your review are'the PublicorkslEngzneering, Water Utilities and Fjre�.Department
recflUtROArepe"sA
' fo the City of Beaumont to consider; accepting =the above t
mentioned subdivisions as public streets Tyrone) Cooper, City Attorney hisL conpleted`lits
renew
t 'Oak Trace Subdmsion�.',
Public:V4?'orks Denartent,— Oak.Tracer h {
Estrma#e-for Street Repairs $365;000.00?
r Total} 43650007 00
Water�`Deuartment ,0'ak Trace G
Al r`•eV, f the lit an construction pl'ansx show tfiat the wafer ands sewer`hnes: are
,_13
located' within a+ P6 foot wide utility easement dedicated to the City:of Beaumont
1 * tl a efore , the City of Beaumont currently mAbase* lines
Fire Department Oak Trace r
Chief Wheat and F rey lViars WI Condina; III drove they neighborhood}and} looked► at"street t
access, Iffin r�r US-,, and liydrant locatsons and'they.are good wi#1 thetlocat�oi s
t Saudlewoodi.Trail Subdivisions
i
{
Pub_ lie Works=Department=�andl'ewoodtTrailf
E A�
Nl�
Estimate}fornew`street/replacement $1,81�3;000 Q0�
Estimate for drainage:;improvemeznt"s 1�SS;000tO'U'
Tota1G $1,968;00`0 00
1
.`_6�'.ater:D`euartmerit.--Sandle�vood.Z'pail
A review of the .plat and construction plans show. that the water and'. Sewer lines aie• located within
a.utlity easement dedicatedto, the, City. of Beaumont, therefore; the City of Beaumont currently
r -rota ns.the existing water and sewerlines:
Fire Department.-. S'andlewoo.d' Trail
Chief Wheat arid' ilie IVlarshal Coiidina; H, drove the neighborhood' and looked at street access,.
turning radius, and hydrant. locations and' are good with the location. Tlie only issue noticed was
sonie'conciete.road cracking; but under current code the.ininimuiri roadway rating is 75,000
pounds which is not a big issue at this time unless the City. assumes maintenance respoisiliility it
may become. a fd&r&.issue.,
Woodnark Subdivision
Public Works. Deuar uiiont_- Woodnark,
Estimate' for new Areet/replaceme t 09U,00:00
Estimate -for. drainage upgrades $194,000':0.0
Subtotal• S1,0864000:00.
Water:Department =. W�ooduark. (Asher Lined''
l A review of the plat grid'construction;plans show that the entire water 5yste>yi is private
and serviced, by a single' 6-inch water: meter, with, one fire liydratit within the
development., -Ili orderao bring• tlie, water line system to current staidards;'a water meter'
will! need to;be set in front. of each; Home:
2:,, As witfi typical residential installations, the. City'would charge thes#aridard.fees for each
meter. Estimated costs are:
a:: 1,. inch meter' $54Q:00
b. , 1=1.12 inch meter $990 q0
c'. 2=ineli. meter, $1,230':00 ,
3 Tfiere! are forty(40) resid'eiices, onel1). swimmingtpool anAl andscaping irrigation
system; totaliag. forty-two .(42) services.. (Assuming a 1"-inch meter is• required. for each'•
service:)
Subtotal.
Wafer D'enartment:= Woodnark (Sewer'L�nes '
The existing private sanitary sewer system' is made of PVC' lines and were televised to properly
assess their," conditions. The lines were foundto: be' in good' condition; therefore no improvements
a=e expected' at thisaiirie: _
Eire.Deaiartment = Wooduark
Chief Wheat. and Fire Marshal' Coridina, Rl drovethe neighborhood and, looked at street access;:
turn ng.radius; andlydiant locations andare,goodwith.the location.:
Totalt cost. for' proposed im16roVement6MoOdpark $1.108 680:00'
If. you have, any questions' please do not he. sitate to contact me.
Attachments
Cc:. Chri`slDoone;
JOe•B: Condina; II .
Harold Crochet; Jr;
Antoinette Hardy
Molly Villarreal
RATIFICATION AND AMENDMENTS TO PLAT
AND
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
THIS RATIFICATION and AMENDMENT is entered into by and between the
Oak Trace Homeowner's Association, a Texas non-profit corporation (the
"Association"), and the City of Beaumont, Texas (the "City"), and agreed to by all
members of the Association, all being the collective owners of all Lots depicted on the
Plat, as defined below.
WHEREAS, on July 5, 1984, the plat of OAK TRACE ADDITION was filed under
Volume 14, Page 169, Map Records, Jefferson County, Texas (the "Plat") and the
Declaration of Covenants, Conditions and Restrictions of OAK TRACE ADDITION was
filed under Film Code No. too 66 2383, Official Public Records of Jefferson County,
Texas (the "Declaration");
WHEREAS, the Plat and Declaration were executed by David E. Bernsen, James
L. Gonzales, Craig J. Sherlock, and Michael R. Jenkins, as partners of West Trace
Development, a Texas general partnership, the owner of the real property described on
Exhibit "A" which was the subject of the Plat and Declaration;
WHEREAS, the Plat depicts a 27' Private Drive as the means of ingress and
egress to and from OAK TRACE ADDITION and Delaware Street, a dedicated and
platted public street and a 24' Private Drive as (i) the means of ingress and egress to and
from each Lot and the 27' Private Drive and also (ii) the means of traversing within OAK
TRACE ADDITION;
WHEREAS, the definition of "Common Area" in Article I, Section 4 of the
Declaration tacitly includes the 27' Private Drive and the 24' Private Drive, while Article
III, Section i refers to "... that right of the Association to dedicate or transfer all or any
part of the Common Area to any municipality... ", but "No such dedication or transfer
shall be effective unless an instrument agreeing to such dedication or transfer signed by
two-thirds (2/3rds) of the members has been recorded.";
WHEREAS, Article IV, Section 1 states that "Every owner of a Lot... shall be a
Member of the Association...", with Article IV, Section 2 providing that "...each Member
shall be entitled to one (1) vote for each Lot in which it holds an interest... ";
WHEREAS, the owners of all Lots, comprising one -hundred percent (t00%) of
the voting Members of the Association, desire to, and hereby do, agree to the dedication
of the 27' Private Drive and the 24' Private Drive in OAK TRACE ADDITION to the
public by and through the City;
WHEREAS, in consideration of the foregoing dedication, the City hereby accepts
such dedication of the 27' Private Drive and the 24' Private Drive to the public;
WHEREAS, in consideration of the foregoing dedication and acceptance, it is
therefore necessary to confirm and ratify the Plat and Declaration so that all references
to the 27' Private Drive and the 24' Private Drive shall hereafter be amended to read
"27' Public Street" and "24' Public Street", respectively, such that the dedication of those
drives and streets reflected upon said Plat as the 27' Private Drive and the 24' Private
Drive are to public use forever; and
WHEREAS, there exists the necessities of the ratification and amendment of said
Plat and Declaration as herein stated.
2
NOW, THEREFORE, PREMISES CONSIDERED, the Association and City, with
the agreement of all Lot owners, do hereby ratify and amend the Plat and Declaration,
and dedicate the 27' Private Drive and the 24' Private Drive to the public use forever.
Being understood that the City shall not be responsible for the maintenance of any
common area, parking area, driveway or median. The City will only accept
responsibility for maintenance of the existing, named, paved roadway.
EXECUTED this the I9 day of OCAD 2oo®e
OAK TRACE HOMEOWNERS ASSOCIATION,
a Texas non-profit corporation
By: � ��� Qo�
Bernadette Toups, President
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on the 3 day of _1 Dk , 2019,
by BERNADETTE TOUPS, as President of OAK TRACE HOMEOWNERS
ASSOCIATION, a Texas non -corporation, on behalf of said corporation.
C
`{{{Ill/f,�•
LISA LEMKE
*�S Notary Public, State of Texas tA
qP�1Comm. Expires 06-29-2021 otary Public, tate of Texas
•••aFNotary ID 126944164
"Association"
CITY OF BEAUMONT, TEXAS
Name:
Title:
3
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on the day of , 2019,
by , as of the CITY OF BEAUMONT,
TEXAS, on behalf of said city.
Notary Public, State of Texas
AGREED BY ALL ASSOCIAT
MEMBERS / LOT OWNERS:
Donald Light add Anna Lighty
(Lot i owners)
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day
2020 personally appeared DONALD LIGHTY who is known to
attesting hereto.
,.`os?�`Yp USA LEMKE
,U
Notary Public, State of Texas
9 :"--Comm. Expires 06-29-2021
''•.?;oF:•`• Notary ID 126944164
STATE OF TEXAS
COUNTY OF JEFFERSON
Of 0-ch
,
me to be the person
c
NotAky Public in and for the State of Texas
BEFORE ME, the undersigned authority, on thi�? day of 0d17
2020 personally appeared ANNA LIGHTY who is known to me to be the person
attesting hereto.
=o`pAY PGen� LISA LEMKE�
*. = Notary Public, State of Texas
, • jP� Comm, Expires 06-29.2021 No ary Public in and for the State of Texas
° all Notary ID 1260944164
4
Mick Dubea and Pat Dubea
(Lots 2 & 3 owners)
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this AD day of -&-hher ,
2020 personally appeared MICK DUBEA who is known to me to be the person attesting
hereto.
Y !qo% LISA LEMKE r
*� Notary Public, State of Texas
=�9P�; Comm. Expires 06-29-2021
•.,;FoF.�` Notary ID 126944164 N t ry Public in and for the State of Texas
STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME, the undersigned authority, on this day of of Uri ,
2020 personally appeared PAT DUBEA who is known to me to be the person attesting
hereto.
=oS? YPgo LISA LEMKE
* = Notary Public, State of Texas
Comm. Expires 06-29-2021 N ry Nblic in and for the State of Texas
••'9;�OF��•`' Notary ID 126944164
•n n n�`
(Lot 4 owners)
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this 4LJday of Odb&?f
,
2020 personally appeared SCOTT MCKENNEY who is known to me to be the person
attesting hereto.
�
AFtY P /� .
`u'- LISA :06-29-2021
E
_=o. t�: Notary Publicof Texas
�►'�= Comm. ExpirOF���' Notary ID 4164 N ry Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME the undersigned authority, on thisGdaYof C���'v►� ,
2020 personally appeared JOAN MCKENNEY who is known to me to be the person
attesting hereto.
LISA LEMKE
Notary Public, State of Texas
N�l"" Comm. Expires 06-29-2021
`Nota ID 1269ry 44164
STATE OF TEXAS
COUNTY OF JEFFERSON
W10,-
Notary Public in and for the State of Texas
(Lot 5 owners)
BEFORE ME, the undersigned authority, on this Aoday of Q:o
2020 personally appeared SEAN HEALEY who is known to me to be the person
attesting hereto.
`. ```pgY PVB �4 LISA LEMKE `
'6 = Notary Public, State of Texas
y Comm. Expires 06-29-2021
Notary ID 126944164 NotaVy Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on thisc�, day of
2020 personally appeared REBECCA HEALEY who is known to me to be the person
attesting hereto.
E*-_:
LISA LEMKEtary Public, State of TexasNo ary Public in and for the State of Texas
=-- mm. Expires 06-29-2021
otary ID 126944164 0XV,
-4�t C� e�' 4 , t-' ) � 2 e 0 "" )
Rodgers lhs and Delores Ellis
(Lots 6 & 7 owners)
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this QL) day of Dab lx� ,
2020 personally appeared RODGERS ELLIS who is known to me to be the person
attesting hereto.
USA i.Ci�u1E
Notary Public, State of Texas
9•/�, Qc Comm. Expires 06-29-2021
Notary ID 126944164
STATE OF TEXAS
COUNTY OF JEFFERSON
Nota u lic in aM for the State of Texas
BEFORE ME, the undersigned authority, on this o `" day of ( ,
2020 personally appeared DELORES ELLIS who is known to me to be the person
attesting hereto.
c`•s4RY Pie•., LISA LEMKE
16= Notary Public, State of Texas
*' q=Comm. Expires 06-29-2021 Not a Public in d for the State of Texas
NotaryID 126944164
l.UuL u uVv lll.l OJ
STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME, the undersigned authority, on this 90!day of 1X11— ,
2020 personally appeared DAVID LEDYARD who is known to me to be the person
attesting hereto.
�•�4 Y P i LISA LEMKE
-:6S Notary Public, State of Texas
Comm. Expires 06-29-2021 NoWry Public in and for the State of Texas
Notary ID 126944164
7
STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME, the undersigned authority, on
2020 personally appeared MARY LEDYARD who
attesting hereto.
``����LISA LEMKE
2°SAY Notary Public, State of Texas
Comm. Expires 06-29-2021
Notary ID 126944164
thisAQI�tday of ,
is known to me to be the person
tart' ublic n and for the State of Texas
Donato Maloney �n"Szanne Maloney
(Lot io owners)
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this eday of
2020 personally appeared DONALD MALONEY who is known to me to be the person
attesting hereto.
`,,,ill,,,
�`gPRY,,LISA LEMKE
*�* Notary Public, State of Texas
q'y= Comm. Ex`� Expires 06-29-2021 Val�'�6
Notary ID 126944164 Not Pu lic in an for theState
of Texas
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this 90'd�a
of ,
2020 personally appeared SUZANNE MALONEY who is known to me to be the person
attesting hereto.
LISA LEMKE
*�*= Notary Public, State of Texas
N,Q = Comm. Expires 06-29-2021 NotVT Public in and for the State of Texas
Notary ID 12694416A l:
?- b-w�
Steven Toups and Bernadette Toups
(Lot li owners)
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this E3*day of 064D ,
2020 personally appeared STEVEN TOUPS who is known to me to be the person
attesting hereto.
LISA LEMKE -.
Notary Public, State of Texaba&
p}
Comm. Expires 06-29-2021�
Notary ID 126944164Public in and for the State of Texas
STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME, the undersigned authority, on this 13day of ,
2020 personally appeared BERNADETTE TOUPS who is known to me to be the person
attesting hereto.
LISA LEMKE
*: *=Notary Public, State of Texas
=N�P� Comm. Expires 06-29-2021 I
'•';oF,•` Notary ID 126944164 Nbfary Public in and for the State of Texas
Bryan Mathews an i a Mathews
(Lot 12 owners)
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority,
2020 personally appeared BRYAN MATHEWS
attesting hereto.
on this day ofCC�)be ,
who is known to me to be the person
,.� Y P�®LISA LEMKE r
z -:6S Notary Public, State of Texas
Comm. Expires 06-29-2021
Notary ID 126944164 N ary Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF JEFFERSON §
ME the undersigned authority, on this da of
BEFORE g ty, � y ,
2020 personally appeared LISA MATHEWS who is known to me to be the person
attesting hereto.
F,,
LISA LEMKE� Notary Public, State of Texas
�cComm. Expires 06-29-2021oF.�� Notary ID 126944164
C
to
E
STATE OF. TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME the undersigned authority, on this 6 — tay of
2020 personally appeared ZACK HAWTHORNE who is known to me to be the person
attesting hereto.
�"', LISA LEMKE
Q(tY
=Notary Public, State of Texas,
Comm. Expires 06-29-?n,21 y
Notary ID 1269�' + No ry Public in and for the State of Texas
-iTf OFt�..
grnn��`
STATE OF TEXAS §
OF JEFFERSON §
COUNTY
BEFORE ME, the undersigned authority, on, this day off ,
2020 personally appeared KARA HAWTHORNE who is known to me to be the person
attesting hereto.
SPRY P�je ��
LISA LEMKE
*� �*=Notary Public, State of Texas
Comm. Expires 06-29-2021
Notary ID 126944164 otary Public in and for the State of Texas
/Jr James Chesnutt and Irene Chesnutt
(/ (Lots 14 & 15 owners)
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME the undersigned authority, on this ?OdAay of r ,
2020 personally appeared JAMES CHESNUTT who is known to me to be the person
attesting hereto.
Iz-
i
LISA LEMKE
�`*= Notary Public, State of Texas tart' Public in and for the State of Texas
,,�;v, Comm. Expires 06-29-2021
�.`' NotaryID 126944164
hrnn�`
11
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this j day ofa�fibq--\,
2020 personally appeared IRENE CHESNUTT who is known to me to be the person
attesting hereto.
.••� RY P ��'�i
.�o.... pe � LISA LEMKE
=_°' ''6=NotaryPublic,StateofTexas
qc Comm. Expires 06-29-2021
Notary ID 126944164
STATE OF TEXAS
COUNTY OF JEFFERSON
i
No ary Public n and for the Statepf Texas
Michael Smith anU Mary Ann
(Lot 16 owners)
BEFORE ME, the undersigned authority,, on this :2�tay of O . qeq,
2020 personally appeared MICHAEL SMITH who is known to me to be the person
attesting hereto.
•'�"1YLISA LEMKE
_ * *:Notary Public, State of Texas sA
sox..Po' Comm. Expires 06-29-2021 V'
OiV Notary ID 126 444164 Notary Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this QZ'4dlay of ,
2020 personally appeared MARY ANN SMITH who is known to me to be the person
attesting hereto.
E&t,,o
LISA LEMKENotary Public, State of TexasQ•c Comm.Expires 06-29-2021 to Public in and for the State of Texas
Notary ID 126944164
Patrick Maloney and Amy Maloney
(Lot 17 owners)
12
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day of ,
, 2020 personally appeared PATRICK MALONEY who is known to me to be the person
attesting hereto.
Notary Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day of ,
2020 personally appeared AMY MALONEY who is known to me to be the person
attesting hereto.
Notary Public in and for the State of Texas
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME the undersigned authority, on this edayof� t3'�
2020 personally appeared BARRY BERNDT who is known to me to be the person
attesting hereto.
`R' LISA LEMKE VJ
�Lw
* Notary Public, state of texas No ary Public m and for the State of Texas
Comm. Expires 06-29-2021
'�.,'�o.•` Notary IQ 126944164
13
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day of a-,4�,r ,
2020 personally appeared SUSAN BERNDT who is known to me to be the person
attesting hereto.
oY PUe!': LISA LEMKE
*: *=Notary Public, State of Texas N tary Public in and for the State of Texas
Comm. Expires 06-29-2021
Notary ID 126944164
fo �
i
o olfo Sotol go and N eida o longo
(Lots ig & 20 owners)
STATE OF TEXAS. §
COUNTY OF JEFFERSON §�
BEFORE ME, the undersigned authority, on this �l� day of6&4A�=
2020 personally appeared RODOLFO SOTOLONGO who is known to me to be the
person attesting hereto.
=osPaYP�e�+ LISA LEMKE %�dc
cl-
Notary Public, State of T
Nofa Spires 06-29-2021 Notary Nota Public in and for the State of Texas
ry ID 126944164
STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE ME the undersigned authorit
y, ty, on this Q-0-ty of
2020 personally appeared NEREIDA SOTOLONGO who is known to me to be the
person attesting hereto.
vp LISA LEMKE
SPA Ge
= _. *_ Notary Public, State of Texas
9.l�'VP�r Comm. Expires 06-29-2021
'oFo
'FNotary ID 126944164 NotarY Public in and for the State of Texas
"Lot Owners"
14
May 11, 2017
Kyle Hayes
City Manager
City of Beaumont
801 Main, Suite 300
Beaumont, Texas 77701
Re: Oak Trace Homeowner's Association
Dear Kyle,
EJ
' EP�Ay i .20(fgqgg(nl�(l
EECUT►lf- OFFICES
Please accept this letter as a request by the Oak Trace Homeowner's Association for the
City of Beaumont to accept Oak Trace Street for maintenance by the City of Beaumont. The Oak
Trace Homeowner's Association voted unanimously on May 10, 2017 to make this request.
Pursuant to the Guidelines for Acceptance of Private Streets and Infrastructure for
Maintenance by the City of Beaumont, I have attached the following:
1. The recorded plat for the Oak Trace Addition;
2. Warranty Deed regarding the Common Areas of the Oak Trace Addition;
3. A copy of the Oak Trace Covenants, Conditions, and Restrictions. (Note — I am
not aware of any amendments. Also, no member of the homeowner's association
has a signed copy and none is on file with the county clerk's office);
4. Easement.in favor of Sun Pipeline Company; and
5. Easement in favor of Gulf States Utilities Company
If the City of Beaumont agrees to accept the street for maintenance, it is my understanding
that the Oak Trace Homeowner's Association will maintain ownership and responsibility for the
lighting, mailboxes and other common areas of the association. After your .initial review of this
request and the attached documents, please let me know whether you require any additional
information. If not, the Oak Trace Homeowner's Association looks forward to the City of
Beaumont's decision on this request.
dc-te too F—<'D
9j, rr. Com
Sincerely,
Dette Toups
President
Oak Trace Homeowner's Association
409-466-8721
CC:
Steven C. Toups
Weller, Green, Toups & Terrell, LLP
P.O. Box 350
Beaumont, Texas 77704
David Ledyard
Strong Pipkin Bissell & Ledyard, LLP
595 Orleans, Suite 1400
Beaumont, TX 77701
scatuT•sd
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OAK `"'RACE ADDITION
BEING A 12.53 ACRE TRACT*
OUT OF THE HEZEKIAH WILEIAMS LEAGUI~Y ABSTRACT NO. 56
'BEAUMONT, JEFFERSON CQUIV'Yq TEXAS*
LEGAL DESCRIPTION
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SURVEYOR'S CERTIFICATE: ,
KNOW ALL YEN BY THESE PRESENTS
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L THE IPILPY PASFYPM 6NO- HEREON pCWOEs THE RI6M TO RGIDVE A. OR TNY
ALL TREES AND SWRRS LYING W OR DI-1- 1. E.-M
e THE
i
MENT. SNO•IJ H EBM. DDA TU - TREE S- .. EA.ZMENNii -.I. THE
DS]TNi.ATON DP BNOERCROBND AND OVESNCAO ODTRIBBTON FAOILPIES
UET WON POVI AT ALL CORNERS. VNLE93 NOTED OTME-Z.
•
-E 11) ROOT NBN•ACEESS EASEMENT ALONG, DELAWABE St .0 ALONG THE TNRTT OBI
FOOT DEOICATW MR=.
LINE S ALL BBILAINB ] MEASURED FROM RAIN OF CURB.
AeL TIBHS BASED ON THE NATONAL SEOBETIC VCRTIGL OMM OF 1911
VI, Yl6T.TSA¢ v1Ve BNOTT. A TEEIB DO,E[AI. NYBImSER [140MID W
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S. 1WELN5. HERBY ECEt]ST W. VT •11 TIC - DP TIC LARDS
- 1ITHIN THE I ADS OF WE R. - sYNE3 AS -I-AS SIRARIIC TWT YASHTONPS AS
sIIwN Ate B.-. TD TDA rwLfc rm WS EmAmtmx. meunm
MR THE 1, PONAC O-=rD NIO THAT 116 lO1kLJDq NAy YAS NA@
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FINAL PLAT
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+ e , 70
8 4 2� 4 9� DECLARATION
9 OF COVENANTS; CONDITIONS AND RESTRICTIONS
OAK TRACE
BEAUMONT, TEXAS
THIS DECLARATION, made on'the date hereinafter set
forth.by WEST TRACE CEVELOPMENT, a Texas Partnership composed
of DAVID E. BERNSEN, JAMES L. GONZALES, MICHAEL R. JENKINS
and CRAIG J. SHERLOCK, Partners, all of Beaumont, Jefferson
County, Texas, and hereinafter jointly referred to as
"Declarant".
W I T N E S 8 E T Hi
WHEREAS, Declarant is the owner of certain property
known as OAK TRACE, an Addition to the City of Beaumont,
County of Jefferson, State of.Texas, which is more particu-
larly described by metes and bounds in Exhibit "A" attached
hereto and made a part hereof and initialed by the parties
for identification, as shown and reflected by the Final Plat
thereof record• d or to be recorded in the Office of the
County Clerk of Jefferson County, Texas, reference to which
is here made for all.purposes.
NOW, THEREFORE, for the purposes of enhancing and
protecting the value, attractiveness and desirability of Lots
constituting the Addition, Declarant hereby declares that all
of the properties described above shall be held, sold and
conveyed subject to the following easements, restrictions,
convenants and conditions, which shall constitute convenants
running with the land and shall be binding on all parties
having any right, title or interest in the described proper-
ties or any part thereof, their heirs, successors and assigns
and shall inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to OAK
TRACE HOMEOWNERS ASSOCIATION, a Texas Non -Profit Corporation,
its successors and assigns.
�J GE 2384
Section 2. "Owner" shall mean and refer to the
record owner, whether one or more persons or entities, of a
fee simple title to any Lot which is a part of the Addition,
incl,.ding contract seller, b t excluding those having such
interest merely as security r the performance of an obliga-
tion.
Section 3. "Addition" shall mean and refer to the
subdivided real property hersinbefore described.
Section 4. "Common Area" shall mean all real proper-
ty (including the improvements thereto) owned by the Aeeocia-
tion for the common use and enjoyment of the Owners. The
Common Area to be owned by the Association shall be all of
th•e property in the Addition, excluding (i) Lots reflected
upon the Plat of the Addition and the improvements thereof;
and (ii) water, sewer and other utility lines and appurte-
nances thereto lying, installed and maintained with the
utility casements reflected and designated as such upon the
Plat of the Addition.
4
Section 5. "Lot" shad l mean and refer to any plat of
land shown upon the recorded Plat of the Addition, with the
exception of the Common Area.
Section 6. "Member" shall mean every person or
entity who holds membership in the Association.
Section 7. "Declarant" shall mean WEST TRACE
DEVELOPMENT, a Texas Partnership composed of DAVID E.
BERNSEN, JAMES L. GONZALES, MICHAEL R. JENKINS and CRAIG J.
SHERLOCK, Partners, or its successors.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS. THERETO
The real property which is, and shall be; held,
transferred, sold, conveyed, and occupied subject to this
Declaration is designated as OAK TRACE, and is more particu-
larly described by metes and bounds in Exhibit "A" attached
hereto and made a part hereof and initialed by the parties
for identification.
166 6b
ARTICLE III
PROPERTY RIGHTS
Section 1. Owner's Easements of Enjoyment. Every
owner shall have a right and easement of enjoyment in and to
the Common Area which shall be appurtenant to and shall pass
with the title to every Lot, subject to that right of the
Association to dedicate or transfer all or any -part of the
Common Area to any municipality, public agency, authority, or
utility for such purposes and subject to such conditions as
may be agreed to by the Members.
No such dedication or transfer shall be effective
unless an instrument agreeing to such dedication or transfer
signed by two-thirds (2/3rd's) of the members has been
recorded.
Section 2. Delegation of Use. Any Owner may dele-
gate, in accordance with the By-laws of the Association, his
right of enjoyment in and to the Common Area to the members
.of his family, his tenants, or contract purchasers, who
reside on the property.
ARTICLE XV
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every owner of a Lot, including Declarant
or its successors, shall be a Member of the Association.
Membership shall be appurtenant to and may not be separated
from ownership of a Lot.
Section 2. The Association shall have two (2)
classes of voting membership:
(a) CLASS A. The Class A Members shall be all
Owners with the exception of the Declarant.
After the Conversion Date, Declarant shall also
become a Class A Member to the extent Declarant
is the Owner of a Lot or Lots.
(b) CLASS B. The Class B Member shall be the
Declarant. The Class B membership of Declarant
shall cease and become converted to Class A
membership upon occurrence of the earlier of the
following (the "Conversion Date"):
inr 66 2385
(i)
When Declarant has sold or leased for a
`
term in excess of forty (40) years its
interest in seventy-five (751) percent of
the total Lots ir. the subdivision to
unrelated third parties. A sale or a lease
for suchtermto an unrelated third party
shall ih:;lude a sale or lease to joint
ventures or partnerships that include
Declarant as a co -venturer or partnerr'or
(ii)
on the 15.th day of January, 19851 or
(iii)
Such earlier date as may be established by
Declarant in a supplemental Declaration to
be recorded by Declarant.
Until the
Conversion Date, the Class A Members shall
not be entitled to vote (except as provided for the levying
of Special' Assessments for capital improvements under Article
V, Section 4 of the Declaration and amendments to the Declar-
ation under Article XI, Section Three therein). The Class S
Member shall be entitled to one (1) vote for each lot in
which it holds the interest required for membership.
From and after the Conversion Date (and at anytime
with respt:t to votes pertaining to Special Assessments for
t
capital improvements and amendments to the Declaration), each
Class A Member shall be entitled to one (1) vote for each Lot
in which it holds the interest required for Association
membership. Where more than one person or entity holds such
interest in any Lot, all such persons collectively shall be a
single Member, and the vote for such Member shall be exer-
cised as the several parties shall determine among them-
selves, provided however, that in the aggregate no more than
one (1) vote shall be cast with respect to each lot owned.
I.`. a member owns a Lot and in addition thereto owns a
fraction of another Lot, then such Member's vote will be
increased by the percentage in which that Member's interest
bears to the tc':al lot. For example, if a Member owns one
Lot and one-half of another Lot, then that Member will be
entitled to 1.5 votes.
The membership of a person or entity in the Associa-
tion shall terminate automatically whenever such person or
entity ceases to be an owner, except that such termination
shall not release or relieve any such person dr entity from
4
66 2387
any liability or obligation incurred under or in any bay
connected with the Association or the Declaration during the
period or ownership, nor impair'any rights or remedies which
the Association or any other owner has with regard to such
former owner.
ARTICLE V
ASSESSMENTS
Section 1. Lien and Personal Obligation of Assess-
ments. Duclarant, for each Lot owned by it in the Addition,
hereby covenants, and each Owner of a Lot in the Addition is
hereby deemed to covenant by acceptance of Owner's .dead for
such Lot, whether or not it shall be so expressed in Owner's
deed, to pay to the Association (i) annual assessments and
fii) special assessments for capital improvements. Such
G
assessments will be established and collected as hereinafter
provided. The annual and special assessments, together with
interest, costs, and reasonable attorneys' fees, shall be a
charge on the land and a continuing lien of each Lot against
which such an assessment is made. Each such assessments,
together with interest, costs, and reasonable attorneys' fees
shall also be the personal obligations of the person or per-
sons who owned the Lot at the time the assessment fell due,
but such personal obligation shall not pass to the successor
in title to such person or persons unless expressly assumed
by them.
Section 2. Purpose of Annual Assessments. The
annual assessments levied by the Association shall be used
exclusively: (i) to promote the health, safety, and welfare .
of the residents in the Addition; and (,i) for the improve-
ment and maintenance of the Common Area within the Addition.
Annual assessments shall include, and the Association shall
acquire and pay for out of the funds derived from annual
assessments, the following:
(a) Maintenance and repair of the Common Area.
190-66 2369
(b) Maintenance and repair of the street situated on
the Common Area within the Addition) and water, sewer, storm
drainage and other utility lines in or serving the Common
Area.
(e) Eire insurance Icovering the full insurable
replacement value of the improvements on the Common Area,
with extended coverage.
(d) Liability insurance insuring the Association
against any and all liability to the public, to any Owner, or
to the invitee, tenants and contract purchaser of any owner,
arising 'out of their occupancy and/or use of the Common Area.
The policy limits shall be •set by the Association, and shall
be 'reviewed at least annually and increased or decreased in
the discretion of the Association.
(a) Workmen's compensation insurance to the extent
necessary to comply with applicable laws, and any other in-
surance d,.emed necessary by .the Board of Directors of the
Association.
(f) A standard fidelity bond covering all members of
the Board of Directors of the Association and all other
employees of the Association in an amount to be determined by
the Board of Directors.
(g) Any other materials, supplies, labor, services,
maintenance, repairs, insurance, taxes, or assessments which
the Association is required. to secure or pay pursuant to the
terms of this Declaration or by law, or which shall be neces-
sary or proper in the opinion of the Board of Directors, for
the benefit of Lot Owners, or for the enforcement of these
restrictions.
(h) It. addition to the maintenance of the Common
Area, the Association shall provide the following: (i)
mowing, trimming and care -of grass and shrubbery on the
exterior side of the perimeter fence; and (ii) maintenance
and repair of the fence surrounding the addition.
100 66 2389
Section 3. Power to Fix Annual Assessments. The
power and authority to fix and levy the annual assessments
shall rest exclusively with the Board of Directors of the
Association, and when determined and fixed by the Hoard of
Directors as herein provided, same shall be final•, conclusive
and binding upon each Lot Owner, his heirs, legal representa-
tives, successors and assigns, including contract pur-
chasers.
Section 4. Special Assessments for Capital Improve-
ments. In addition to the annual maintenance assessments
authorized above, the Association may levy, in any assessment
year, a special assessment applicable to that year only for
the purpose of defraying, in whole or in part, the cost of
any construction, reconstruction, repair or replacement of a
capital improvement upon the Common Area. Any special
assessment shall have the assent of two-thirds (2/3rds) of
the vot.: of the Members who are voting in parson or by proxy
at a meeting duly called for this purpose.
Section 5. Notice and Quorum for Action Under
Section 4. written notice of any meeting called for the
purpose of taking any action authorized under Section 4 shall
be sent to all, Members not less than ten (10) days nor more
than sixty (60) days in advance of the meeting. At the first
such meeting called, the presence of Members or of proxies
entitled to cast fifty percent (501) or more of all the votes
of membership shall constitute a quorum. If the required
quorum is not present, another meeting may be called subject
to the same notice requirement and the required quorum at the
subsequent meeting shall be one-half (1/2) of the required
quorum at tt,a preceding meeting. No such subsequent meeting
shall be held more than sixty (60) days following the preced-
ing meeting.
100 66 Z?°
Section 6. Uniform Rate of Assessment. Annual and
special assessments must be fixed at a uniform rate for all
Lots and shall be collected on a monthly basis.
Section 7. Date of Commencement of Annual Mainte-
nance Assessments; Due Date s The annual maintenance assess-
ments provided for herein shall commence as to each Lot on
the first day of the calendar month next following the month
in Which the conveyance of a. Lot by the Declarant to an Owner
occurs. The first annual as)Sessment shall be adjusted
according to the number of months remaining in the annual
assessment period (whether a calendar or fiscal year, as
determined by the Board of Directors of the Association).
The Board of Directors shall fix the amount of the annual
assessment against each Lot at least thirty (30) days in
advance of each annual assessment period. Written notice of
the annual assessment shall be sent to every Owner subject
thereto. The due dates shall be established by the Board of
Directors. The Association shall, upon demand, for ar reason-
able charge, furnish a certificate signed by an officer of
the Association setting forth whether the assessments on a
specified Lot have been paid. A properly executed certifi-
cate of the Association as to the status of assessments on a
Lot is binding upon the Association as of the date of its
issuance.
Section B. Effect of Nonpayment of Assessments;
Remedie's of Association. Any assessment not paid within ten
(10) days of the du-n date shall bear interest from the due
date at the highest lea•,1 rate provided by law at the time of
non-payment. To secure the prompt payment of the aforemen-
tioned assessments, a lien is hereby created and granted for
the benefit of the Association upon each Lot, and all
improvements, additions, fixtures and appurtenances herein-
after placed thereon. The Association may bring an action by
t
law against the Owner personally obligated to pay the same,
130 66 2391
or foreclose the lien against the property. No Owner may
waive or otherwise escape liability for the assessments pro-
vided for herein by non-use of the Common Area or abandonment
of Owner's Lot.
Section 9. Power of Sale. To secure and enforce the
payment of said assessments, and for the auxiliary and cumu-
lative enforcement of said lien hereinabove created, Declar-
ant has granted, sold and conveyed and by these presents does
grant, sell and convey unto Craig J. Sherlock, Trustee, of
Jefferson County, Texas, and his substitute or successors,
the hereinbefore described real property and all improve-
ments, additions, fixtures and appurtenances hereafter placed
thereon. To have and to hold the said premises, together
with the rights, privileges and appurtenances unto the said
Trustee, and to his substitutes or successors forever. And
Declarant does hereby bind itself, its successors and
assigns, t.. warrant and forever defend the said premises unto
the said Trustee, his substitutes, successors and assigns
forever, against the claim or claims of all persons claiming
or to claim the same, or any part thereof, for and upon the
following trusts, terms, covenants, and agreements, to -wit:
That whereas, Declarant, its successors and assigns may here-
after become justly indebted to the Association, as evidenced
by the hereinbefore mentioned assessments; should Declarant,
its successors and assigns do and perform all of the cove-
nants and agreements herein contained and make prompt payment
of the assessments hereby secured as the same shall become
due and payable, then this conveyance shall become null and
void and of no further force and effect.
That in the event of default in the payment of any
assessment hereby secured, in accordance with the terms here-
of, it shall thereupon, or any time thereafter, be the duty
of the Trustee, or his successor or substitute, at•the
request of the Association (which request is hereby conclu-
9
! QO 66.2392
sively presumed) to enforce this trust and make sale of the
above described and conveyed pzoperty, or any portion there-
of, as provided in Article 3810, Revised Civil Statutes of
Texas 1925, after notice as provided in said Article (but
without any other notice than is required by said Article
3810), selling all of the property as an entirety or in par-
cels as the Trustee acting may elect, and make due conveyance
to the purchaser or purchasers, with general warranty binding
the grantor, grantor's heirs, legal representatives, succes-
sors and assignal and out of the money arising from such
sale, the Trustee acting shall first pay all expenses of
advertising said sale and making the conveyances, and then pay
to the Association, the full amount of assessments owing,
interest thereon, and reasonable attorneys' fees, rendering
the balance of the salon price, if any, to grantor, grantor's
heir,, legal representatives, successors or assignsl and the
recitals in the conveyance to said purchaser or purchasers
shall be full and conclusive evidence of the truth of the
matters therein stated, and all prerequisites to said sale
shall be presumed to have been performed and such sale and
conveyance shall be conclusive against grantor, grantor's
heirs, legal representatives, successors and assigns.
In case of the absence, resignation, death, inabil-
ity, failure or refusal of the Trustee herein named or of any
substitute Trustee appointed hereunder to act, or in the
event the Association shall deem it desirable to remove with-
out cause the Trustee or any substitute Trustee and appoint
another to execute this trust, then in any of such events the
Association shall have the right (to.be exercised through its
Board of directors) and is hereby authorized and empowered to
appoint a successor and substitute without any formality
other than an appointment and designation in Writing; and
this appointment shall vest in him, as Trustee, the estate
and title in and to all said premises, and he shall thereupon
i
100 66 2393
hold, possess and execute all the rights, title, powers and
duties herein conferred upon the Trustee named herein; and
the right to appoint a successor or substitute Trustee shall
exist as often and whenever from any of said causes any
Trustee, original or substitute, cannot or will not act, or
has been removed without cause. The exercise or attempted
exercise of the power of sale herein contained shall not
exhaust said power of sale and shall not prevent any subse-
quent exercise thereof.
It is especially agreed that, in the avert of a fore-
closure under the powers granted herein, the person in pom-
session of said property shall thereupon become the tenant -
at -will of the purchaser at such foreclosure sale, and should
such tenant refuse to surrender possession of said property
upon demand, the purchaser shall theroupon,,at his or her
option, be entitled to institute and maintain the statutory
action for forcible detainer and procure a writ of possession
thereunder. Thi.s.provision shall in no wise preclude the
purchaser from bringing any other legal action for possession
of said property and the bringing of one character of action
shall not preclude the other, and the same may be exercised
separately or simultaneously.
Section 10. subordination of the Lien to Mortgages.
The lien of the assessments provided for herein shall be
subordinate to any purchase money mortgage or any constitu-
tional mechanic's and materialman's lien contract, and/or any
renewal or extension of same. Sale or transfer of any Lot
shall not affect the assessment lien. No sale or transfer -
shall relieve such Lot from liability for any assessments
therea."ter becoming due or from the lien thereof.
Section 11. Exempt Property. The following iproperty
subject to this Declaration shall be'exempted from the
assessments, charges and liens created herein: (a) all
properties to the extent of any easement or other interest
100 ss 2394
therein• dedicated and accepted by the local public authority
and devoted to public use; except that the existence of an
easement of any Lot shall not exempt such Lot from full and
uniform assessment as if such easement were not located•
thereon; (b) all common Area as defined in ARTICLE I, section
4 horeof as it applies to liens although assessments and
charges may be made on this property; and (c) all property
exempted from taxation by the laws of the State of Texas,
upon the terms and to the extent of such legal exemption.
Notwithstanding any provision herein, no land or improvement■
devoted to dwelling use shall be gxempted from sale, assess—
ments, charges or liens.
Section 12. Books and Records. Proper books and
records shall be kept with reference to all asaemaments,.and-
each Owner shall at all reasonable times during business
hours have access thereto. The books and records shall be
kepi in such a manner as to separately identify the payments
and assessments for utility service, maintenance and capital
improvements. No payment or assessment for each individual
assessment account shall be transferred or debited or credit—
ed to another account.
ARTICLE VI
OWNER'S OBLIGATION TO REPAIR AND MAINTAIN;
OBLIGATION TO •REBUILD
Section 1. Owner's Obligation to Repair and Maintain
Residence. Each Owner, shall, at Owner's sole cost and
expense, perform such repairs and maintenance as shall be
required to keep Owner's residence in a condition comparable
to the condition of such residence of the -time of its initial
construction, excepting only ordinary wear and tear. Addi—
tionally, each owner shall maintain Owner's yard area and all
sidewalks and driveways on Owner's Lot. In the event an 1
Owner. shall fail or refuse to make such repairs or perform
such maintenance, and such failure or refusal shall continue
12
1. . 100 66 2395
for more than forty-fivo (45) days from delivery of written
notice from the Association to the Owner (or, if more than
one (1) Owner, to any of them) specifying the maintenance or
repairs required to be made,'the Association may, at its
election, cause such maintenance and repairs to be performed.
The costs of making or performing such maintenance and
repairs shall then be an additional assessment to which such
Lot is subject and shall be due and payable to the Associa—
tion in the month next following the delivery to the Owner
(or, if more than one (1) Owner, to any of them) of a written
itemized statement of costs of -such maintenance and repairs.
This assessment shall be secured by the same lien or liens
and shall be enforceable in the same manner as any other
assessment upon such Lot.
Section 2. Owner's obligation to Rebuild. If all or
any portion of a residence is damaged or destroyed by fire or
othe_ casualty, it shall be the duty of the Owner thereof
with all due diligence, to rebuild, repair or reconstruct
such residence in a manner which will substantially restore
it to its appearance and condition immediately prior to such
casualty. Recpnstruction will be undertaken within three (3)
-months after the damage occurs and shall be completed within
twelve (12) months after the damage occurs, unless prevented
by causes beyond the control of the Owner or Owners.
a ' ARTICLE VII
ARCHITECTURAL CONTROL
Section 1. Authority of Architectural Control
Committee. No building, fence, wall or other structure shall
be commmenced, erected, placed or maintained upon any Lot in
the Addition or upon any portion of the Common Area, nor
shall anv exterior addition to or change or alteration of any
improvement in the Addition be made, until the plans and
specifications therefor, showing the kind, shape, height,
materials and location of same, have been submitted to and
' • 2
13 t
I00 66 23% .
approved in writing by the Architectural Control Committee as
to the quality of materials, the ha-mony of external design
and location in relation to other existing or planned struc-
tores and overall topography. Plans and specifications shall
reflect all driveways and sidewalks required to serve the
Lot, even though the same, in whole or in part, extend beyond
the perimeter boundaries of the Lot. The Architectural
Control Committee'shalf give or withhold approval (as is in
the judgment of the Committee proper) of all matters set
forth above. In the event the Architectural Control Commit-
tee fails to approve or disapprove plans and specifications
within thirty (30) days after same are submitted to it in
writing, approval will not be required and the related
covenants will be deemed to have been fully complied with.
Section 2. Composition of Committee) Vacariciesy
Delegation of Authorityr and Surrender of Authority. The
Architectural Control Committee shall be composed of three
(3) or more persons to be appointed by Declarant. Declarant
herewith appoints DAVID E. BERNSEN, JAMES L. GONZALES,
MICHAEL R. JENKINS and CRAIG J. SHERLOCK as the members of
the initial Architectural Control Committee. In the event of
the death, inability to serve, or resignation of a member of
the Architectural Control Committee, the remaining members of
the Committee shall have the power to designate a successor.
The Committee shall have the power to designate a represent-
ative to act for it. No member of the Committee or its
designated representative shall be entitled to demand or
receive any compensation or fee as a condition to the
Member's examination or approval of plans or specifications
submitted or to be submitted to the Committee hereunder.
Upon the completion of construction of a residence upon each
and every Lot in the Addition, the Architectural Control
'Committee may, by instrument, in writing, executed by a
majority of the then members of the Architectural Control
lqd E6 2391
Committee, surrender its authority, powers and duties under this ARTICLE
to the Board of'Directora of the"Association or to a committee appointed
by the Board of Directors.
ARTICLE VIII
MAINTENANCE BY ASSOCIATION
Section 1. Maintenance of Common Area, It shall be the duty and
obligation of the Association to (i) maintain and repair the Common Area
of the Addition, together with all structures and improvements thereon;
(ii) maintain and repair all water, sewer, storm drainage and other
utility lines in or serving the Common Area (which are not dedicated to
general public use); (iii) maintain and repair streets situated on the
Common Area within the Addition; and (iv) maintain the perimeter fence and
the exterior.side of the shrubbery along the perimeter fence.
ARTICLE IX
USE RESTRICTIONS
The Lots and the Common Area shall be occupied and used. as
follows;
Section 1. Residential Use. No Owner shall occupy or use his Lot
or building thereon, or permit the same or any part'thereof to be occupied
or used for any purpose other than as a private residence for the Owner,
his family, guests and tenants. The use of satellite dishes, swimming
pools and tennis courts are permitted if not in violation with clauses
elsewhere contained herein; provided specifically, satellite dishes must
be constructed and kept at ground level and not be visible from the sub—
division streets.
Section 2. Obstruction of Common Area. There shall be no
obstruction of the Common Area. Nothing shall be stored in the Common
Area without the prior written consent of the Board of Directors.
Section 3. Insurance. Nothing shall be done or kept in the
Common Area which will increase the rate of insurance on the Common Area,
without the prior written consent of the Board of Directors. No Owners
shall permit anything to be done or kept in the Common Area which will
result in the cancellation of insurance on any part of the Common Area, or
15
100 66 2393
which would be in violation of any law. No i4aste will be
committed in the Common Area.
Section 4. Nuisances. No noxious or offensive
activity shall be carried on;upon any Lot, or the Common
Area, nor shall anything be done thereon which may be or may
become an annoyance or nuisance to the other Owners. No
boat, trailer, truck (except for a pickup truck having a
manufacturer's rated carrying capacity for three --fourths
(3/4) ton or less), camping or recreational vehicle shall be
parked or stored upon any Lot in the Addition on a 'permanent
basis" (as hereinafter defined) except wholly within an
enclosed garage appurtenant to a dwellingi nor shall any such
boat, trailer, truck, camping or recreational vehicle be
parked upon a street or driveway in the Addition on a 'perma-
nent basis" (as hereinafter defined). A "permanent basis",
as that tern^ is used above, shall mean any period of forty-
eight (48) consecutive hours or any period of twelve (12)'
consecutive hours on any twol(2) consecutive days. No repair
work, dismantling or assembling of motor vehicles or any
other machinery or equipment shall be permitted in any
street, drive, driveway or yard adjacent to the Common Area,
or in the Common Area.
Section 5. -Signs. No sign of any kind shall be dis-
played to public view on any Lot or building except one (1)
sign of not.more eight (8) square feet in area advertising
the merits of the property for sale or rent. During the
construction and initial sales period of the dwelling units
the Builder may use other signs and displays to advertise the
merits of the property for sale or rent.
Section 6. Temporary Structures. No structures of a
temporary character, trailer, basement, tent, shack, barn, or
other out buildings shall be used on any Lot at any time as a
residence, either temporarily or permanently; nor shall any
used residence or other used structure be moved onto any Lot.-• -
M E6 2399
During the construction and sales period of the initial
dwelling units the Builder may erect and maintain such struc—
tures as is customary in connection with such construction
and sale of such property, including, but without limitation,
storage areas, construction yards, signs, model units and
sales offices.
Section 7. Oil and Mining operations, No gas or oil
drilling, gas or oil development operations, oil'refining,
quarrying or mining operations of any kind shall be permitted
upon or in any Lot, nor shall oil bells, tanku, tunnels,
mineral excavations or shafts be permitted upon or in any
Lot by the Declarant or any subsequent owners deriving title
to the property herein.
Section 8. Livestock and Poultry. No animals, live—
stock, or poultry of any kind shall be raised, bred or kept
on any Lot, except that dogs, cats or other household pets
may be kept pLovided that they shall not become a nuisance
and are not kept, bred, or maintained for any commercial
purposes.
Section 9. Garbage and Refuse Disposal. NO •Lot or
any part of the Common Area shall be. used or maintained as
dumping ground for rubbiLh. Trash, garbage or other waste
shall be kept screened by adequate planting or fencing so as
to conceal them from public view. There is reserved in favor
of the Association the determination of the method of garbage
disposal, that is, whether it shall be through public author—
ity or through private garbage disposal contractor(s). All
equipment for the storage or disposal of such materials shall
be kept in clean and sanitary condition.
Section 10. Sewage Treatment. No sewage treatment
system shall be permitted on any Lot.
Section 11. Owner's Maintenance. The owner shall
maintain and keep in repair the following equipment and lines
'located outside the residence% air conditioning compressor
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f M 66 2401
on any Lot in the Addition shall have the exterior thereof
constructed of wood, stone, or brick, stone or brick veneer,
stucco, or other masonry material. This requirement may be
waived by the Architectural Control Committee, or by its duly
authorized representative, provided such Committee or• repse-
sentat•ive shall expressly approve (in advance of commencement:
of construction) the substitution of other exterior construc-
tion materials which shall, in the sole opinion of the Com-
mittee or its representative, not detract from or adversely
affect the harmony of external design or appearance of the
subject structure or•other structures in the Addition.
Section 15.' Minimum Setback Requirements. No struc-
ture shall be located nearer to the front Lot line than the
building setback lines shown on the recorded Plat of the
Addition, nor shall any structures other than fencea and
driveways be located nearer than, twenty (20) feet to any aide
Lot Line.
Sectia, 16. Garage and Outbuilding. No garage
doors shall face the subdivision streets. No detached build-
ing, structure, or other outbuildings, excluding detached
garages, shall be visible from the subdivision street or
erected nearer to the front lot line than a line parallel
with the street and twenty (20.) feet in the rear of the main
residential structure upon said Lot, provided however, this
requirement may be waived by the Architectural Control
Committee.
Section 17. Gates in the Perimeter Fence. No gates
shall be allowed in the perimeter fence. However, the Archi-
tectural Control Committee may waive this requirement.
Section 18. Roof Materials. Pay dwelling and all
structures appurtenajit thereto on any lot in the addition
shall have at least bird architect 80 (or e.qual) as a minimum
roofing 'requirement.
Section 19. Driveway Construction. •- rb cuts from
the subdivision streets cannot exceed 14 feet in width, and
all driveways within 12 feet of the curb cannot exceed 12
feet in width; provided further, with respect to circular
100 66.24U2
driveways in front of the dwelling, that portion of the
driveway which is parallel to the subdivision street may have
a width not to exceed 24 feet.
Section 20. Wooden.Wilndows. Wooden windows are
required -for front Aevation of all dwelling structures, and
wooden windows are required of the westerly elevation of the
dwelling located on Lot 1 and the easterly elevation of Lot
20.
Suction 21. Fences. No fence shall extend beyond
front building set back lines, and no fence shall be con-
structed totally of wood. Ho Fence nhall have a height in
excess of eight (8) feet. This requirement may be waived by
the Architectural Control Committee. ,
Section 22. Ceiling Height. The first floor of all
dwelling structures will have a minimum ceiling height of
nine (9) feet.
Sect`)n 23. Buffer Area. The owners of the existing
wooded and vegetation area located thirty (30) feet from and
on a line parallel with the subdivision's northern boundary
line will keep such area an uncut and undisturbed buffer
area for a period of five (5) years from the date the city
accepts the final plat of the subdivision. This provision
does not relieve the owners of such property from the liabil-
ities and responsibilities elsewhere contained herein, and in
the event of conflicting language with the other provisions
herein contained, the said other provisions will prevail.
Section 24. Trees. No trees will be removed on any
lot with the exception of those which are directly in the way
of any approved improvements. Any, dead trees or diseased
trees are exceptee for removal provided a written description
of such dead or diseased tree and the name, address and tele-
phone number of the entity removing the tree(s) are given to
the Board of Directors of the Association within seven (7)
days prior to of after such removal.
Section 25. Garage Sales. No garage sales are
permitted.
I JG fZ- 2403
• Section 26. Driveway Surfaces, No driveways may be
constructed using uncolored smooth finished -concrete. All
driveways must use material approved by the Architectural
Control Committee. Brick, asphalt, colored concrete, and pea
gravel are some of such materials which may be submitted fdr
approval.
ARTICLE X
EASEMENTS
Section 1. Blanket Easements. An easement over and
upon every Lot and all of the Common Area of the Addition is
hereby granted to all police, fire protection, ambulance,
garbage and trash collection vehicles and personnel 'to ahter
thereon in the performance of their duties. Further, a like
easement is herewith granted to the Association, its irepre-
sentativea, agents, and employees, to enter in and upon or to
cross any Lot and the Common Area of the Addition for -the
purpose of performing the duties of maintenance and repair
herein provided.
Section 2. Other Easements.
(a) Easements for installation and maintenance
of utilities and drainage facilities are shown and
designated as such on the recorded subdivision Plat
and are hereby dedicated to public use by Declarant.
Within the utility or drainage easements, no struc-
tures, planting or other material shall be placed or
permitted to remain which may damage or interfere
with the installation and maintenance of utilities,
or which may damage, interfere with, or change the
direction of flow of drainage facilities in the
easement.
(b) -No dwelling unit or other structure of any
kind (except as hereinafter provided) shall be built,
erected, or maintained on any such easement, reserva-
tion, or right-of-way, and any such easement,
reservations, and rights -of -way shall at all times be
21
open and accessible to public and quasi -public, utili-
ty corporations, their employees and contractors, and
shall also be open and accessible to Declarant, its
successors and assign , and to the Association, its
agents, employees, an contractors, all of whom shall
have the right and privilege of doing whatever may be
necessary in, on, under, and above such locations to
carry out any of the purposes for which such ease-
ments, reservations, and rights -of -way are reserved.
Easements for underground utilities may be crossed by
walkways and driveways, provided that there are prior
arrangements made for -such crossings with the utility
company or municipal agency furnishing service there-
in,' and provided further that Declarant or any utili-
ty company or municipal agency furnishing service
therein or using the easement shall not be liable for
ant• damage done by them, their agents, employees, or
contractors to such walkways and driveways in the
course of installing, Maintaining or removing utility
lines and appurtenances thereto within such ease-
ments.
ARTICLE XI
GENERAL PROVISIONS
Section 1. Enforcement. The Declarant, the Associa-
tion, or any Owner, shall have the right to enforce, by any
proceeding at law or in equity, including temporary restrain-
ing orders and injunctive relief, all restrictions, condi-
tions, covenants, reservations, liens and charges now or
hereafter imposed by the provisions of this Declaration.
Faiiure by the ..ssociation or by any Owner to enforce any
covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter. To the
extent that one of the parties above referred to has-been
successful on the merits or otherwise in the prosecution or
22
100 66 2405
defense of any action, suit or proceeding, whether civil or
criminal, such person shall be indemnified _against such
expenses (including costs and attorney's fees) actually and
reasonably incurred by such party in connection therewith.
Section 2. Severability. Invalidation of any one
(1) of these covenants or restrictions by judgment or court
order shall in no wise affect any other provisions, which
shall remain in full force and effect.
Section 3. Amendment. The covenants and restric-
tions of this Declaration ahall run with and bind the land,
for a term of twenty (20) years from the date this Declara-
tion is recorded, after which time they shall be automatical-
ly extended for successive periods of ten (10) years unless
terminated, using the same procedure provided for amendments
herein. This Declaration may be amended during the first
twenty (20) year period by an instrument signed by not less
than ninety percent (90%) of the Lot Owners, including
Declarant or its successors, and thereafter by ari instrument
signed by not less than seventy-five percent (75%) of the Lot
Owners, including Declarant or its successors. Any amendment
must be recorded.
Section 4. Juinder by Lienholder. At the request of
and as an accommodation to Declarant, Texas Commerce Bank
(the "Bank"), being the owner and
holder of a certain lien or certain liens upon the real
property herein described (the "existing property"), joins
with Declarant in the dedication to public use of the utili-
ty, drainage and street easements in and upon said real
property, as shown and designated upon the recorded subdivi-
sion Plat thereof, and in the imposition of the restrictions,
covenants and conditions hereinabove set forth in this
Declaration; and, by its joinder herein, the Bank expressly
subordinates its lien, liens, superior title and equities to
the easements herein dedicated and to the restrictions,
I Dig 66 24GP0
covenants and conditions herein imposed. By its joinder
herein, however, the Bank assumes n,)ne of the liabilities,
duties, covenants, or obligations of Declarant, its succes-
sors or assigns, nor does the rank make any representations,
guarantees or warranties as to any undertaking, covenants oe
representations of Declarant, its successors or assigns, the
sole purpose of the joinder by said flank being to con$ent and
agree to the dedication of said easements and to the imposi-
tion of said restrictions, covenants, and conditions and to
the subordination of its lien, liens, superior title and
equities to said easements, restrictions, covenants and con-
ditions.
IN WITNESS WHEREOF, Declarant, WEST TRACE DEVELOP-
MENT, a Texas Partnership composed of DAVID E. BERNSEN, JAMES
L. GONZALES, MICHAEL L. JENKINS and CRAIG J. SHERLOCK, joined
herein by._. Jerry Duty, Vice President - Texas Commerce Bank
S�• , have executed this
Declaration on the Z6 day of JUNIf, , 1984, A.D.
WEST TRACE DEVELOPMENT,
DECLARANT
TEXAS IMMERCE�/B K
Byo� h
�/ts JMce President /
,41S
100 66 240T
STATE OF TEXAS X
COUNTY OF JEFFERSON
Before me on this day personally appeared GP_A,�b .
known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and considerations
therein expressed.
Given my hand and official seal thisday of �U�� 1984.
Y i
tMt '
n a
Sta of TexTj aa
STATE OF TEXAS X
COUNTY OF JEFFERSON X
Before me on this day personally appeared WC_'r- .CL. �Z
Jet'j►umS _ known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and considerations
therein expressed.
Given my hand and official seal this Za "day of1984.
r"'mft'a"d*"' NotarY Pu a or t e
+ 4A�Y�1*io9atlR]fC •
State f TexaB
STATE OF TEXAS X
COUNTY OF JEFFERSON Z
Before me on this day personally appeared _)t�M,Ej L.
known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the purposes and considerations
therein expressed.
Given my hand and official see! thisZOO day of 1984.
Y
IIYt=e.3�1�
trnrdW-t dWW No ry u in an or t
•a
'. State o Texas _ _
106 66 2466
STATE OF TEXAS X
COUNTY OF JEFFERSON i
Before me on this day personally appeared U 1]/ C�iC,
yr known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for zhe purposes and considerations
therein expressed:
,,a nu.n.n.., •
{.+1,'p�.'•., Given my hand and official aenl this
day of �Sy�---, 1984.
21l �----
f Notary U c, n a tha
lrr, ':.• :, 4-6.11 State of Texas
Sue McCown
THE STATE OF TEXAS § `
COUNTY OF JEFFERSON §
This nsCTument was
, know ledprd before me on the�me�}
day of 19�
by JERRY B. DUTY, Senior Vice
President o TM S
MMF.RCE BANK-BEAUMONT, NATIONAL
ASSOCIATION, a national
banking association, on behalf of
said bank.NOTARY
..
1 Q b�.y� • !l
IC, STATE OF TE S
tf
�.
;sN
y e or print na 1 ,,
My co• ission expires
!,
MARGARIT R DIE040, N.1my Publl[,
j, .; r•�
la Ih• Slab ul L• L
G�.yt;•((�
Mr Cn�nmpunnI—-n,�J
' . 100 66 2409
N
12.53 acres of land out of the Hezeki2 williarts League, Abstract Ato. 56,
:,ef_e=son Count}, Texas and being a peat of 1045.36 acres of land described .
:n a Deed dated February 13, 1933 from iYeadrav land Ca7pany to Yount -Lee
0:1 Ca:pany recorded in Volume 374, Page 113 of the Deed Records of Jefferson
Co,rntv, Texas. The said 12.53 acres am rore particularly described as follows;
CJ•:Z�LING at the intersection of the South right-of-way line of Delawem
Ez eet (BO feet Hide) with the East right-of-way line of Dowlen Road (100 feet
%aide)
E-CE North F.F.151'39" East With the South right-of-way lime of said Delaware
Street a distan-e of 1572.86 feet to a 1/2" iron rod set in said line for the
'%_rt1:.+est cornL_ arx! PIA(M OF 9Mn,..'Mrj of the herein described 12.53 acre tract;
No Oh 86.51'39" East with said South right -of --..'ay line a distance of
' 057, no 'feet to a 1/2" iron rod set at the intersection of said line with the
East line of the aforesaid 1045.36 acre --act and the Northwest corner of an
0.25 acre ease:Teent granted to the City of Bea=ont on August 28, 3.975;
South 02*16152" East unith the Bast line of said 1045.36 acre tract and
the Went line of said 0.35 acre tract a astance of 509.78 feet to a 1/2" izon
set at the intersection of said lire with the North line of a 3.29 acre
-:,act described as Easement No. 1 in a right-of-way Deed dated July 1, 1972
`_un A^mica Production Carman to Jeffe son County Drain qe District No. 6
ro w =eed in Volume 1746, Page 84 of the Deed Records of Jefferson County, Texas;
%-=- = South EE•08108" Kest with the North line of said 3.28 acre Basement A7o. 1
: cistance of 1057.28 feet to a 1/2" iron rod set in said line;
-M=z North 02.16'52" rest with :he crest line of tie herein described 12.53 acre
tract a distance of 523.17 feet to the OF =11WI C and corrtaining 12.53
acres of land.
TILED FOn RECORD
Ar lamE,:
JEFFER UJHtOJNT�IMXAP
JUL 5 1107 AN Tq
j Clerk's Note; Map recorded in Volume 14 Page 169 in the Map
` Records of Jefferson County, Texas,
EXHIBIT "A"
RESOLUTION NO.
WHEREAS, on February 17, 2020, the City of Beaumont Planning Commission
recommended the approval of a request for the conveyance and dedication of private
streets and infrastructure to the City of Beaumont for Oak Trace Subdivision with the
following condition:
; and,
• Approval of conveyance document by City Council
WHEREAS, City Council finds that the request to convert the private streets and
other infrastructure to public ownership is in the best interest of the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT City Council approves the request to convert the private streets and other
infrastructure for Oak Trace Subdivision to public ownership subject to satisfying the
following condition:
• Approval of conveyance document by City Council.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
November, 2020.
- Mayor Becky Ames -
3
November 17, 2020
Consider approving a Substantial Amendment to the Consolidated Grant Program's 2020 Action
Plan to include Community Development Block Grant reallocated funds for the Public Facilities
and Improvements line item and consider approving a resolution adopting the amended
Consolidated Grant Program's 2020 Action Plan
BEAUMONT
- TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: November 17, 2020
REQUESTED ACTION: Council consider approving a Substantial Amendment to
the Consolidated Grant Program's 2020 Action Plan to
include Community Development Block Grant reallocated
funds for the Public Facilities and Improvements line item
and consider approving a resolution adopting the amended
Consolidated Grant Program's 2020 Action Plan.
BACKGROUND
Planning & Community Development staff has provided an opportunity to receive public
comments on the process, as well as the proposed amendment to the 2020 Annual Action Plan.
Attached is the revised budget for the 2020 Program Year. The revised budget reflects the actual
allocations of the CDBG/ HOME grant award, estimated Program Income, as well asa,
reallocated amount of $853,013. This proposed reallocation is comprised of un-obligated funds
from years prior to 2015 as well as the funds remaining from the Small Business Revolving Loan
Program. These additional funds would be used to rehabilitate Bob Street from Sarah Street to
Virginia, Ector Street from Harriot to the south end of Campus Street, and Goliad Street from
College Street to Washington Boulevard, as discussed during the recent City Council Work
Session. In addition, the City recently received notice from HUD that the original CDBG and .
HOME allocation amounts were not correct. The 2020 allocation for CDBG has been reduced
by $229 and the HOME allocation has been reduced by $102. These minor changes have been
reflected in the proposed -budget. This proposed amendment would result in a total budget of
$2,314,433 in CDBG funds and $476,920 in HOME funding. Due to the overall degree of
change to the Action Plan, the City must submit a substantial amendment to its 2020 CDBG.
Annual Action Plan to include the aforementioned activity proposed for the CDBG funds. .
FUNDING SOURCE
U. S. Department of Housing and Urban Development (HUD) Community Development Block
Grant Funds.
RECOMMENDATION
Approval of the resolution.
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ASSISTANT SECRETARY FOR
COMMUNITY PLANNING AND DEVELOPMENT
October 22, 2020
CORRECTED NOTICE
The Honorable Becky Ames
Mayor of Beaumont
P.O. Box 3827
Beaumont, TX 77704
Dear Mayor Ames:
I am pleased to inform you of your jurisdiction's Fiscal Year (FY) 2020 allocations for the
Office of Community Planning and Development's (CPD) formula programs, which provide
funding for housing, community and economic development activities, and assistance for low- and
moderate -income persons and special needs populations across the country. President Trump
signed Public Law 116-94 on December 20'', 2019, which includes FY 2020 funding for these
programs.
Since issuing the original allocation announcement letters, HUD has discovered an error in the
formula calculation for two CPD formula programs, the Community Development Block Grant
(CDBG) and the HOME Investment Partnerships (HOME) programs, stemming from issues at
HUD field offices in California which are currently being resolved. HUD informs you that the
correction to the formula has resulted in a decrease in the allocations for your community, an
amount representing 99.98% of your total CDBG and HOME grants for FY 2020. Beaumont's
original CDBG and HOME allocations were $1,361,649 and $477,022, respectively. Your
jurisdiction's FY 2020 available allocations are now as follows:
Community Development Block Grant (CDBG) $1,361,420
HOME Investment Partnerships (HOME) $476,920
This letter highlights several important points related to these programs. We remind grantees
that CPD seeks to develop viable communities by promoting integrated approaches that provide
decent housing and suitable living environments while expanding economic opportunities for low -
and moderate -income and special needs populations, including people living with HIV/AIDS. The
primary means towards this end is the development of partnerships among all levels of government
and the private sector, including both for -profit and non-profit organizations.
Based on your jurisdiction's CDBG allocation for this year, you also have $3,933,245 in
available Section 108 borrowing authority. Since Section 108 loans are federally guaranteed, this
program can leverage your jurisdiction's existing CDBG funding to access low -interest, long-term
financing to invest in Opportunity Zones or other target areas in your jurisdiction.
HUD continues to emphasize the importance of effective performance measurements in all of
www.hud.gov espanol.hud.gov
its formula grant programs. Proper reporting in the Integrated Disbursement and Information
System (IDIS) is critical to ensuring grantees are complying with program requirements and
policies, providing demographic and income information about the persons that benefited from a
community's activities, and allowing HUD to monitor grantees. Your ongoing attention to ensuring
complete and accurate reporting of performance measurement data continues to be an invaluable
resource with regard to the impact of these formula grant programs.
The Office of Community Planning and Development is looking forward to working with you
to promote simple steps that will enhance the performance of these critical programs and
successfully meet the challenges that our communities face. If you or any member of your staff have
questions, please contact your local CPD Office Director.
Sincerely,
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John Gibbs
Assistant Secretary (Acting)
for Community Planning and Development
U.S. Department of Housing and Urban Development
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby adopts an amended HUD Consolidated Grant Program's
2020 Annual Action Plan, to amend the budget of the 2020 Action Plan to include
$853,013.00 in CDBG Public Facility & Improvement Street Repair Program funding,
thereby resulting in a new 2020 Action Plan in the amount of $853,013.00 in Public
Facility -Street Repair funding, $1,361,420.00 in Community Development Block Grant
(CDBG) Entitlement funding and $100,000.00 in Program Income funding for a total
CDBG Budget of $2,314,433.00 and a total budget of $476,920.00 in HOME funding. The
amended Plan is substantially in the form attached hereto as Exhibit "A" and made a part
hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
November, 2020.
- Mayor Becky Ames -
AMENDMENT TO THE 2020 HUD CONSOLIDATED GRANT PROGRAM
As of 11/5/2020 FINAL
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2020
Budget
CLEARANCE AND DEMOLITION 202,753
Funds will be used to demolish unsafe, unsanitary and uninhabitable residential structures
located in low to moderate income areas.
PUBLIC FACILITY & IMPROVEMENT (Special Projects to be determined) 200,000
Street Repair Program (reallocated CDBG funds) - AMENDED 853,013
HOUSING
MINOR REPAIR — (Habitat for Humanity) 300,000
Funds will be used to repair approximately 45 -60 homes at $5,000 each, for the elderly and disabled.
PROJECT DELIVERY COST— HABITAT FOR HUMANITY 100,000
Rehabilitation Administration (Project Delivery Costs)
Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution, 100,000
and regulatory requirements associated with the implementation of the housing Repair Program.
PUBLIC SERVICES (15%) 200,000
Public Service Organizations
Funds will be used for administrative and operating costs for various public service organizations that
provide services to low/moderate income citizens.
ADMINISTRATION (19%) 258,667
Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution,
and regulatory requirements associated with the implementation of the HUD Consolidated Grant Program.
Program Income 100,000
Small Business Loan, Historic Preservation Loan Fund, Clearance and Demolition
*Program Income is Estimated
TOTAL CDBG 2,314,433
HOME Budget
AFFORDABLE HOUSING PROGRAM
Funds will be awarded to a non-profit housing development organization that will assist low/moderate
income families in the process of acquiring a home (down payments assistance/closing costs, and mortgage
buy downs).
HOME ADMINISTRATION 47,772
CHDO OPERATING (5%) 23,846
(Community Housing Development Organization Operating)
CHDO RESERVE (15%) 71,538
(Community Housing Development Organization Reserve)
ENTITLEMENT (70%) 333,814
TOTAL HOME 476,920
EXHIBIT "A"
Facilities are wheel chair accessible and accessible parking spaces are available. Requests for
accommodations or interpretive services must be made 48 hours prior to this meeting. Please
contact (409) 785-4793 for further information.
Esta instalacions ADA son accesible con estacionamineto para personas discapacitadas. En caso de
ser necesarios los servicios interpretativos, por favor, po'ngase en contacto 48 horas antes de la
reunion y se les proporcionara el servicio necesario. Telefono: (409) 785-4793
November 17, 2020
Consider a resolution authorizing a contract with Voya Financial for Stop Loss Insurance
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: November 17, 2020
REQUESTED ACTION: Council consider a resolution authorizing a contract with Voya
Financial for Stop Loss Insurance
BACKGROUND
The City's health insurance plans are self -insured as opposed to fully funded plans to reduce
health related costs to the City. However, to protect the City from large health claims by any
one individual, it is recommended that stop loss coverage is purchased to cover claims that
exceed $225,000.
Towards the end of each calendar year, the City's benefits consultant (Holmes Murphy) gathers
the claims history of that year and solicits quotes from the market and negotiates the most
favorable terms for the City. This year multiple carriers were contacted, and three quotes were
received. Voya Financial responded with a quote of $1,233,313 which is about an 8.3%
increase over last year's quote. While this is not the lowest quote, it is the best value when you
model for projected claims given the structure of the deductible options.
PartnerER America currently holds the contract.
Bid tab is attached.
FUNDING SOURCE
Employee Benefits Fund.
RECOMMENDATION
Approval of the resolution.
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 annual contract for
the purchase of Stop Loss Insurance with Voya Financial, of New York, New York, in the
amount of $1,233,313.00 for use in the Employee Benefits Fund.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
November, 2020.
- Mayor Becky Ames -