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Home My WebLink About11/24/2020 PACKETBEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, NOVEMBER 24, 2020 1:30 PM CONSENT AGENDA * Approval of minutes — November 17, 2020 *. Confirmation of board and commission member appointments A. Approve the renewal of a software maintenance agreement with Superion, LLC B. Approve an annual contract with Pemsco Pumps of Rose City for repair services to pumps and motors C. Authorize the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to T Construction, LLC D. Authorize the City Manager to sign a Memorandum of Understanding with Drainage District No. 6 (DD6) related to Texas Water Development Board grant funding E. Authorize_ the acceptance of a ten foot (10') wide Electrical Easement located at 350 Pine Street F. Authorize the acceptance of a ten foot (10') wide Exclusive Water Line Easement located at 6165 Muela Creek Drive G. Approve the purchase of actuators from Harold Beck and Sons, Inc. of Newtown, Pennsylvania for use at the Water Production Plant on Pine Street BE:AUMON.T TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: November 24, 2020 REQUESTED ACTION: Council consider a resolution approving the renewal of a software maintenance agreement with Superion, LLC. BACKGROUND This purchase is exempt from competitive bidding since it -is available from only one_(1) source - having exclusive rights to modify and maintain the software. The software maintenance_ agreement provides for unlimited telephone support and up to three (3) software updates. during the annual term. The annual maintenance cost is $90,928.36. This agreement is for an annual period beginning November 1, 2020 and includes the following applications: • Finance o Cash receipts o Asset management o Accounting o Loans o Accounts: receivable o Purchasing • Click2GOV Citizen Web Portal • Water Billing FUNDING SOURCE General Fund — Information Technology; Municipal Court Technology Fund; and Water Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to pay an invoice in the amount of $90,928.36 to Superion, LLC for the renewal of an annual maintenance agreement for financial software support beginning November 1, 2020. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of November, 2020. - Mayor Becky Ames - BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 24, 2020 REQUESTED ACTION: Council consider a resolution approving an annual contract with Pemsco Pumps of Rose City for repair services to pumps and motors. BACKGROUND The. Water Utilities Department utilizes contractors to perform machining and repair work to pumps and motors within the City's water and sewer system. Formal bids were requested from five (5) vendors; one responded. Pemsco- Pumps responded with a total estimated annual bid of $53,812.50. This represents a 6% increase over the last. . contract. Specifications allow for an annual contract with the option of two -(2) renewals of one (1) year terms at the same pricing as the awarded contract. Pemsco Pumps has the current contract. Bid tabulation is attached. FUNDING SOURCE Water Utilities. Fund. RECOMMENDATION Approval of the resolution. "1O" CITY OF BEAUMONT - PURCHASING DIVISION BEAUMO Terry Welch - Senior Buyer T. r. E. • X, •:n. • S . 409-880-3107 terrv.welch()beaumonttexas.gov _ BID TABULATION: ANNUAL CONTRACT FOR MACHINE SHOP & REPAIR SERVICES BID No. TF1021-04 OPENING DATE: Thursday, November 5, 2020 Vendor EST HRS PEMSCO PUMPS HR RATE TOTAL STRAIGHT TIME RATES FIELD MECH W/TRUCK 100 $ 60.00 $ 6,000.00 FIELD HELPER 100 $ 50.00 $ 5,000.00 SHOP MECHANIC_ 200 $ 60.00 $ 12,000.00 SHOP HELPER 200 $ 50.00 $ 10,000.00 SKILLED MACHINIST 100 $ 60.00 $ 6,000.00 SHOP WELDER 50 $ 60.00 $ 3,000.00 TOTAL $ 42,000.00 OVERTIME TIME.RATES" FIELD MECH W/TRUCK 50 $ 75.00 $ 3,750.00 FIELD HELPER 50 $ 62.60 $ 3,126.00 SHOP MECHANIC 25 $ 75.00 $ 1,875.00 SHOP HELPER 25 $ 62.60 $ 1,562.50 SKILLED MACHINIST 10 $ 75.00 $ 750.00 SHOP WELDER 10 $ 75.00 $ 760.00 TOTAL $ 11,812.50 ANNUAL TOTAL $ 63,812.60 ADDITIONAL Welder with truck & equipment for field work (per /hr.) $60/HR Percentage Increase on Parts & Material 20% As hi lighted low low qualified bidder is Pemsco Pumps RESOLUTION NO. WHEREAS, bids were solicited for an annual contract, with the option of two (2) renewals of one (1) year terms at the same pricing as the awarded contract, for machine shop and repair services for use by the Water Utilities Department; and, WHEREAS, Pemsco Pumps, of Rose City, Texas, submitted a bid in the estimated amount $53,812.50; and, WHEREAS, City Council is of the opinion that the bid submitted by Pemsco Pumps, of Rose City, Texas, 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 Pemsco Pumps, of Rose City, Texas, for an annual contract, with the option of two (2) renewals of one (1) year terms at the same pricing as the awarded contract, for machine shop and repair services for an estimated total expenditure of $53,812.50 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Pemsco Pumps 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 24th day of November, 2020. - Mayor Becky Ames - TO: City Council FROM:, Kyle Hayes, City. Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: November 24, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to T Construction, LLC. BACKGROUND On July 23, 2019. by Resolution No. 19-153, City Council awarded a: contract to T Construction, LLC, of Houston, in the amount of $480,986.00, for the Blossom Drive Area Pipe Bursting Contract. Proposed Change Order No. 1, in the amount of ($63,532.00), is required to adjust the estimated quantities in the contract to reflect the actual -quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $417,454.00. The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order.No. 1, . maintenance, and final payment in the amount of $20,872.70 is recommended. FUNDING. SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 19-153 WHEREAS; the .City of Beaumont solicited bids for furnishing all labor, materials, . equipment, and supplies for the Blossom Drive Area Pipe Bursting Contract Project; and, WHEREAS, T Construction, LLC, of Houston, Texas, submitted a- complete bid meeting specifications in the amount of $480,986.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by- T Construction, LLC, of Houston, Texas, is the lowest responsible bidder providing the best value to the City andshould be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; -and, THAT the City Council hereby approves the award of a contract .to T Construction, LLC, of Houston,. Texas, in the amount- of .$480,986.00, for the Blossom Drive Area Pipe Bursting Contract Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with T Construction, LLC, of Houston, Texas, for the purposes described herein. The meeting at which this. resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. In No Text CITY OF BEAUMONT Date: October 29, 2020 I • Project:. Blossom Drive Area Pipe Bursting Contract County: Jefferson District: Beaumont Contract Number: BID NO. WU0619.18 Owner: City of Beaumont Contractor: T Construction, LLC C.O. No.: 1 THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: Adjustment of estimated quantities in the contract to reflect the actual quantities used in the completion of the project. Item No. It.. Code DESCRIPTION Unit Original uanttt Chan go in uanttl Unit Price Total ADD 9 2534 Reconnect Service Connection by Excavation Including Cleanouls to Uner, Complete, All Sizes and Depths EACH 70 8 ; 625.00 ; 5,000.00 14 4020 Pipe Bursting 10" Sewer to 10.75" OD, All Depths L.F. 2040 44 $ 42.00 .; 1,848.00 DELETE 2 361 Full Depth Repair of Side Walk (S) SY 50 -50 ; 45.00 $ (2,250.00) 3 361 Fun Depth Repair of Driveway (6") SY 80 -80 ; 45.00 S (3,600.00) 4 351 Fleleble Pavement Structure Repair (41) SY. 80 -80 ; 92.00 S (7,360.00) 10 2553 Obstruction Removal by Excavation, All Sizes and Depths EACH 10 -9 $ 50.110 ; (450.00) 11 255g Clean and Televise Sewer AN Sizes and Depths as Directed by the Owners L.F. 500 -500 S 5.00 $ (2,500.00) 12 2821 Chain Link and Wooden Fences, and Gales, Per Engineers: Approval LF. 1000 920 $ 4.00 S (3,680.00) 13 4020 Pipe Bursting 8" Sewer to 8.625" OD, All Depths LF. 4311 -15 $ 36.00 $ (540.00) Allowance - Unforseen Work as Directed by the Owners ALLOW 1 -1 S 50,000.00 $ (50,000.00) TOTAL AMOUNT OF THIS CHANGE ORDER $ (63,532.00) 0 WORKING DAYS WILL BEADDED TO THIS CHANGE ORDER ORIGINAL CONTRACT AMOUNT: NET FROM PREVIOUS CHANGE ORDERS: TOTAL AMOUNT OF THIS CHANGE ORDER: PERCENT OF THIS CHANGE ORDER: TOTAL PERCENT CHANGE ORDER TO DATE: NEW CONTRACT AMOUNT: CONTRACT TIME ORIGINAL CONTRACTTIME: ACCEPTED BY: 04� o (goo T CO TRUCTION, LLC - REP ATE R D BY: Lo �.AARREAL, P.E. DATE CITY ENGINEER APPROVED BY:.. . KYLE HAYES DATE CITY MANAGER - - S 480.996.00 S ; (63,532.00) -13.21% -13.21 % ; 417.454.00 275 calendar days PREPARED BY: � 1 `., r1/, G /2 t1 l JOHN PIPPINS Ilk OT, DATE WATERUTILIT OESIGNMANAGE - REVIEW . ) 7/7 /I B T ARTKOWIAK - DATE DIRECTOR OF PUBLIC WORKS 6 TECHNOLOGY SERVICES ATTESTED BY: TINA BROUSSARD DATE CITY CLERK . PROJECT: Blass omDrive Area Pipe Bursting AWARDED CONTRACT AMOUNT: $ 480,986.00 PERCENT OFTIME.USED: 100% CONTRACTOR: T Construction, LLC. CURRENT CONTRACT AMOUNT: $ 417,454.00 PERCENT OF WORK COMPLETE: 100% ESTIMATE N: 2 CONTRACT DATE (NTP): September 23, 2019 PERIOD: From 02/18/2020 to 6/16/2020 CONTRACT CALENDAR DAYS: 275 CHANGE ORDERS: 1 CALENDAR DAYS USED: 275 ITEM NO. DESC CODE DESCRIPTION EST. QTY UNIT MEASURE TOTAL PREVIOUS ESTIMATE CURRENT 'MATE TOTAL ESTIMATE TO DATE UNIT PRICE TOTAL AMOUNT 1 - Mobilization (Not to Exceed 3% of Total Base Unit Prices) 1 LS 1.60 0.00 1.00 $ 15,000.00 $ 15,000.00 2 361 Full Depth Repair of Side Walk (5") 0 SY 0.00 0.00 6.00 $ 45.00 $ 3. 361 Full Depth Repair of Driveway (6") 0 SY 0.00 0.00 O.OD $ 45.00 $ 4 351 Flexible Pavement'Structure Repair (4") 0 SY 0.00 0.00 A.00: $ 92.00 $ 7 5 402 Trench Excavation Protection 1000 LF. 1000.00 0.00 1000.00 $ 1.00 $ 1,000.00 6 502 Barricades, Signs and Traffic Handling 1 EACH 1.00 0.00 1.00 $ 20,000.00- $ 20,000.00 7 708 Install Shallow Manhole, Less than 5' Depth, With All Joints & Connections (Fiberglass) 17 EACH 17.00 0.00 17.00 $ 4,150.00 $ 70,550.00 8 708 Remove and Replace or Install New Std. Fiberglass Manhole, Up to B' Depth, with All Joints & Connections 4 EACH 4.00 0.00 4.00 .. $ 4,900.00 $ 19,600.00 9 2534 Reconnect Service Connection by Excavation Including Cleanouts to Liner, Complete, All Sizes and Depths 78 EACH 78.00 0.00 78.00 $ 625.00 $ 48,750.00 10 2553 Obstruction Removal by Excavation, All Sizes and Depths' 1 EACH 1.00 0.00 1.00 $ 50.00 $ SD.00 11 2558. Clean and Televise Sewer All Sizes and Depths as Directed by the Owners 0 L.E._ 0.00 0.00 0.00 $ 5.00 $ - 12 2821 Chain Link and Wooden Fences, and Gates, Per Engineer's Approval 80 L.F. 80.00 0.00 80.00 $ 4.00 $ 320.00 13 4020 Pipe Bursting 8" Sewer to 8.625" OD, All Depths 4296 LF. 4296.00 0.00 4296.00 $ 36.00 $ 154,656.D0 14 4020 . Pipe Bursting 10" Sewer to 10.75" OD, All Depths 2084 LF. 1 2094.00 1, 0.00 1 2084.00 $ 42.00 $ • 87,528.00 ALLOW - I jUnforseenLWorkas Directed by Owners 0 ALLOW 0.00 1 0.00 0.00 $ 50,000.00 $ - PREPARED BY: (I 2- 2 o7 o VIER E. P IDO, WATER UTILITIES DESIGNER -11 DATE REVIEWED BY: c ��GlLQ tO JOHN PIPPI III, WATER UTILITIES D SIGN MANAGER DATE APPROVED BY: h 1'� AMALIA "MOLLY" VILLARREAL, P.E., CITY ENGINEER DATE 1 certify that all work, including materials, covered by this invoice have been completed, or delivered in,accordance with the Coptracf Dpcuments. . GRAND TOTAL AMOUNT OF WORK DONE: $ 417,4S4.00 LESS 5% RETAINAGE: $ SUB TOTAL: $ 417,454.00 LESS PREVIOUS PAY ESTIMATES: $ 396,581.30 AMOUNT DUE THIS PERIOD: $ 20,872.70 FINAL PAYMENT, GENERAL RELEASE, & INDEMNITY AGREEMENT STATE OF TEXAS § § KNOWN ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § . That T Construction, LLC a limited, liability company, with an office at 12601 McNair St: Houston, TX 77015, in consideration of the payment of $20,872.70 representing the final payment under the contract dated August 13, 2019 between the undersigned and City of Beaumont covering the Blossom Drive Area Pine ]Bursting Contract, does -hereby certify and warrant that it has been fully paid on account of said contract and does further certify. and: warrant. that it has fully paid and satisfied all claims for work, . labor, materials, and supplies, equipment and all other items used or furnished by the undersigned or its subcontractor(s) or suppliers in the performance of said contract. The undersigned, in consideration of the final payment beink made.by City of Beaumont pursuant to such contract, does hereby .release and forever discharge T Construction, LLC from any right of lien it may have against the real property known as the Blossom Drive Area Pipe Bursting Contract under said contract and the undersigned hereby agrees to defend, indemnify, and hold .harmiess'City.of'Beaumont from and -against all claims, demands and liabilities arising out of labor performed or material. and equipment supplied by the undersigned or by its subcontractors or suppliers in connection with the performance of said contract. IN WITNESS WHEREOF, the undersigned has caused this Release and. Indemnity to be executed by its duly authorized officer this 69 day of O v p_(A e_l By: A Al;t ( n� �1'.d C t% . Title ATTEST: County of e e✓ �e_(So ►1 , Texas Before me 1AA nlorlaa Notary Public in and for said county,. personally appeared %- - and acknowledged that :he/she did sign - and execute the above Release and Indemnity. �.�``pv'a"��,, LEYDY:J.OJEDA _ 0r %'-'1 Notary Public, State:of Texas v-'••...4, Comm. Expires 01-26-2041 . '111/j1;11,%21.% Notary ID 130981044 RESOLUTION NO. WHEREAS, on July 23, 2019, the City Council of the City of Beaumont, Texas passed Resolution No. 19-153 awarding a contract in the amount of $480,986.00 to T Construction, LLC, of Houston, Texas, for the Blossom Drive Area Pipe Bursting Contract Project; and, WHEREAS, Change Order No. 1, in the amount of ($63,532.00), is required to adjust the estimated quantities to reflect the actual quantities used in the completion of the project, thereby decreasing the total contract amount to $417,454.00; and, WHEREAS, the project has been inspected by the Water Utilities Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of ($63,532.00), to address the items described above, thereby decreasing the total contract amount to $417,454.00 for the Blossom Drive Area Pipe Bursting Contract Project; and, BE IT FURTHER RESOLVED THAT the Blossom Drive Area Pipe Bursting Contract Project be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $20,872.70 to T Construction, LLC, of Houston, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of November, 2020. - Mayor Becky Ames - D RE.AUMONT TO: City.Council FROM. Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: November 24, 2020 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to sign a Memorandum of Understanding:with Drainage District No. 6. (DD6) related -to Texas Water Development Board grant funding. BACKGROUND DD6 is applying for a grant from the Texas Water Development Board to perform a watershed study to develop a comprehensive understanding of the drainage patterns on the watersheds, determine the root causes of the primary flooding problems, and to develop a road map of effective solutions designed to reduce and mitigate flood risk. This study is intended to be a multijurisdictional effort and will include the major channels within.the Taylor Bayou Watershed; Hillebrandt Bayou Watershed, and Pine Island Bayou Watershed. Under this MOU, both parties agree to provide constructive input and updates as the project develops and changes. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. Board of Directors: JoshuaV. Allen, Sr. Charles "Chuck" Guillory Bernie Daleo Anthony Malley, III Octobei 6, 2020 Mr. Kyle Hayes Beaumont City' Manager. 801 Main, Suite 300, Beaumont, Texas 77701 Re: Comprehensive Drainage Study Dear Mr. Hayes, Jefferson County (Drainage district 'No. 6 6550 Walden P, � f • 'Beaumont, Texas 77707 7efepfione (409) 84271818 (Fax(409) 842 2729 Established in 1920. Dr. Joseph G. Majdalani, PE, General Manager Doug-S. Canant, Jr., PE; PPLS; GFM. District Engineer Chuck Oakley, CPA Chief Financial Officer. Karen J: Stewart; MBA, CTP. Chief Business. Officer Jefferson County Drainage District No. 6 (DD6) is applying for a grant from the Texas Water Development Board (TWDB) to study: portions of the Taylor Bayou Watershed, Hillebrandt Bayou Watershed, and Pine Island.Bayou Watershed. The purpose of the watershed study is.to develop a comprehensive understanding of the drainage patterns on the watersheds, determine the root causes of the primary flooding problems, and to develop a .road map of effective solutions designed to reduce and mitigate flood risk. The proposed study is intended to be a multijurisdictional effort and will include the major channels within each of the three watersheds. Attachment 1 provides a visual diagram of the drainage areas and channels that are proposed to be studied. Study facts: • Grant Opportunity: 0 Study Value: • Grant Value Requested: • Anticipated local match • Study duration • Anticipated Start Date TWDB Flood Fund Grant $8,500,000 $6,375,000 $21-125,000 ,o, 18 Months � t Spring, 2021 LGCN o d Cir o ��9 14,�r. (Drainage, Stoim WaterMdnagement, FfoodControC q?§cfamation and Conservation. October 6, 2020:. . Page 2. You are receiving this letter 'to inform you of the study opportunity :and to initiate stakeholder coordination. A portion of your entity is included within the watershed boundaries.of one of the three watersheds that is proposed to be studied. The intent of DD6 is to promote active and beneficial communication between the study team and all stakeholders. This letter is the start of that communication. We value your input and know that it will improve the overall study product. Active stakeholder .coordination is also a requirement of the TWDB grant that, is being pursued to fund this project. For the grant application to be considered compliant with the TWDB, DD6 must execute a Memorandum of Understanding (MOU) with .each of the stakeholders within the study limits. Attachment 2 documents the jurisdictions that are either fully or partially within the study limits. Attachment 3 is a draft version of -the MOU for your review: We encourage you to review theMOU and the attached study information and contact us with any questions. DC/pk Attachment 1: Drainage Study Map Attachment 2: Jurisdictions Within Study Limits Attachment 3: Draft Memorandum of Understanding Sincerely, Ose Li VA � �`� • Dr. Joseph G. Majdalani, PE, CFM General Manager Page 2 of 2 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 a Memorandum of Understanding with Jefferson County Drainage District No. 6 relating to Texas Water Development Board (TWDB) watershed study grant funding. The Memorandum of Understanding 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 24th day of November, 2020. - Mayor Becky Ames - TEXAS WATER CODE SECTION 15.005 MEMORANDUM OF UNDERSTANDING This is a Memorandum of Understanding (MOU) between Jefferson County Drainage District No. 6 ("DD6") and the governing- body of City of Beaumont (the "City of Beaumont"). WHEREAS, pursuant to Texas Water -Code § 15.005 and 31 Texas Administrative Code § 363.408, if the Executive Administrator determines that an application has flood control as one of its purposes and that the. Watersheds in which the project is located are partially located outside the political subdivision making the application, the applicant must submit a written Memorandum of Understanding relating to the management of the watersheds in which the project is to be located, signed by.all governing bodies of eligible political subdivisions located in the project watersheds; and WHEREAS, DD6 has filed an application with the Texas Water Development Board for funding a project that has flood control as one of its purposes; and WHEREAS, DD6 has determined that the watershed(s) in which the project is located is/are partially located within the jurisdiction of City of Beaumont; and NOW THEREFORE, in consideration of the benefits to the Taylor Bayou Watershed, Hillebrandt Bayou Watershed, -and Pine Island Bayou Watershed, and the State of Texas, DD6. . and City of Beaumont agree to the following: 1. DD6 will provide quarterly progress updates to City of Beaumont as.theproject develops and changes. 2. DD6 will notify City of Beaumont of any potential change in impacts to City of Beaumont within the quarter of the identified change. 3. City of Beaumont will provide constructive input to DD6 as the project develops and changes. EXHIBIT "A" MEMORANDUM OF UNDERSTANDING TEXAS WATER CODE SECTION 15.005 Page 2 4. 1jD6 and City of Beaumont will work cooperatively for the management of the Taylor Bayou Watershed, Hillebrandt Bayou Watershed, and Pine Island Bayou Watershed. Responsible Official for JEFFERSON COUNTY DRAINAGE DISTRICT NO.6 Dr. JOSEPH G. MAJDALANI, PE, CFM General Manager Dated: Responsible Official for CITY OF BEAUMONT BY: Printed Name: Title: Dated: JM/pk/Grants/Wlson/M0U rS I I orerarvr s l/ a ,�` Tyler 6„�" Walker ,:;,nc� �. Polk B auregard £ o w / *p 6 Ian 1' EurlBusGJn ( i lephald tl''G,po( },A P' wM •�a aaorrN ' ti.San Jacinto ?°" `°°"�+ ma asp rer � Newton J \`�• i + TWDB Giw.,,gi ilcaSleu 1 fir° urnd� rolrr _ _.. FLOOD INTENDED USE PLAN rrrour"r fV . - .Ri7a r'plaTl , . 1 . ,a. S h Y 4;itlldo Rclu9J `1 n I IiaCClln , DRAINAGE DISTRICT NO 6 .'JB 11 11avis. 1 _ Fldl SP ENTITY NAME •,TYPE w ,, - hlaialc,vlllc rl a •Id _ 4 +.• - -= Orange r+. L-ibeety �' •s ' ' • - - _ ,, ^ f' ' ' '"� t;� t L1L d "� ; , " ,.." . �a . {: , . : �, 'voJ.� L t _ , B, 1 + ', .' ! v.. - I •-� 1'ai� allhm v .�" Jefferson �,`•' _ Cbambers®Taylor it -' r '• fnjMna.Lpko - •Lt n ' el eu - I-� -- _ -=Cameron:Hillebrandt 1 •- '� ,. , Lase irAnahv - ._ a C on . - �111C s � � � � � - Ln u J -Lake ye,!i+ne4#nt _ ,Chambers `�•' � _ ,_Le •� �.ollu I e _ - I .A,.bu,N°tone gIt VlUcfo wfu" ' �4 •' I+Ay 4CalVElStOn. - Sources: Esrf, HERE; Garmin, Inte p; incfem nl P Corp., GEBCO, USGS, FAO, NPS NRCAN Geol3ase IGN Kadaster NL _•_ _•'Ordnance Sum Esrl Japa ,M Tlr Esd China Hong Kong),.(c)OpenSfreelMap contrbulors,. andlhe GlS, User Communiy , FIGURE 4 POLITICAL SUBDIVISIONS Chambers CountyVdls(7r+ Hardin Countyire• Jefferson County1 Legend DD6 0 Boundary City Boundaries TCEQ Water Districts US COUNTY Pine Island Bayou DA Bayou DA Bayou DA Liberty County Polk Count Sanlaclnto County_ Beaumont el Bevil Oaks city na city Dasletta city Devers c Hardin cityrv• Lumberton city Nome G Port Arthur city Rose Hill Acres Cityd Sour lake CI Taylor Landing city� An elina& Neches River Authority Water District Beaumont Municipal Management District 1 Water District Cardinal Meadows Improvement District Water District Chambers-Ubertip Counties Navigation District Water District Gulf Coast Waste Disposal Authors Water District Hardin CountyWCID1 Water District NuIIFWSD Water District Jefferson CountyDrainage District 3 Water District Jefferson CountyDrainageDstrict6 Water Dstrin Jefferson CountyDrainage District Water District Jefferson CountyNavigation District Water District1Ns( Jefferson County WCID 14 Water DistrictI't`'i1`l10.Sn1f h /t /mil A' Q 5 10 � Mlles Liberty County Drainage District Water District Lower Neches Valley Author Ity Water District Lumberton MUD Water District Meeker Municipal Water District Water District Northwest Forest MUD t Water DistrictN Orange CounNavigation and Port District Water DistrictL Port Of Beaumont Navigation District Water District Port of Port Arthur Navigation District Water District Sabine -Neches Navigation DistrictofleffersonCoun Water District Sabine Pass PortAuthorlty Smith Road WClD l of.lefferson County Water District Water District GaugeN ENGINEERIND SoutheastTexasAgricultural Development District Water District Trinity BayConservation District Water District Trinity River Authorityof Texas Water District West Jefferson CountyMunicipal Water District Water District {; _Tyler r a°` o(ernrCr� Polk ,IT 1 ,d A_ e x * p1 San"Jacinto H cou N� r Jap , Newton TWDB s er FLOOD INTENDED USE PLAN DRAINAGE DISTRICT NO. 6 ;Hardin, :.ar- a L4oc. FIGURE 3 STUDY CHANNEL CENTERLINES AND CROSSINGS F _ B Legend - 4 Channel Montgom ery , Crossings i DirInter-Basection Flow A. Direc Orange Study Channel - Centerline �, ° t, - Pine Island Bnyou ! FEMA Flood Zone A AE X H .G US COUNTY yY �, Hlllebrandl rh ,i �I i •`} ) BeYouDln BayouDA Taylor Bayou . ` ;h hlBox Taylor, ..•4 ',v �3ouFoT romp tDA LIUy Beyau-` �r. (tj® Pine Island Bayou DA n..( Jeffersona }.. l , lam---n m Harris 1 ) N n Caeron (� 1 ' Chambers our¢rn { Miles ,Nal. - n, \�0� I n g - Sources:Esrll HERE: GarminI Inter ap; increme P Cory GEBCO; USGS, FAO, NPS, NRCAN, GeoBase..IGN K s er NL, NGI ING i! Gau e L. ,ana - - . dr Ordnance Survey, Earl Japan, MET Esri China (Hong Kong), (c) OpenStreelMap'mntributo dl a User Communlly E N EER TO: City.Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology MEETING DATE: November 24, 2020 REQUESTED ACTION: Council consider a resolution, authorizing the acceptance of a ten foot (10') wide Electrical Easement. BACKGROUND Entergy is improving its existing Travis Street SubStation. Entergy will be installing a dedicated electrical line that will improve the services to the downtown areas of Beaumont. In order to provide these improvements, Entergy is requesting an electrical easement from the City of Beaumont. The easement is described as being a 0.056 acre tract.of land.situated.in the Noah Tevis League, Abstract No. 52; being out of and apart of Lots 609, 610, .615 and 616 of Block 18 of the Original Townsite of Beaumont. The Travis Street Substation is located at 350 Pine Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the City of Beaumont, Texas has agreed to convey one (1) ten foot (10') wide electrical easement, said easement being a 0.056 acre tract of land situated in the Noah Tevis League, Abstract No. 52, being out of and a part of Lots 609, 610, 615 and 616 of Block 18 of the Original Townsite of Beaumont, Jefferson County, Texas, described and shown in Exhibit "1," attached hereto, to Entergy Texas, Inc. to facilitate installation of a dedicated electrical line located at 350 Pine Street for improvement of electrical service to the downtown areas of Beaumont; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and is in the best interest of the City of Beaumont and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manage be and he is hereby authorized to execute one (1) ten foot (10') wide electrical easement, said easement being a 0.056 acre tract of land situated in the Noah Tevis League, Abstract No. 52, being out of and a part of Lots 609, 610, 615 and 616 of Block 18 of the Original Townsite of Beaumont, Jefferson County, Texas, described and shown in Exhibit "1," attached hereto, to Entergy Texas, Inc. for electrical improvement 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 24th day of November, 2020. - Mayor Becky Ames - STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § ELECTRICAL EASEMENT THAT, CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTOR", for and in consideration of the sum of ONE AND N0/100 DOLLAR ($1.00); and other good and valuable consideration to us in hand paid by the ENTERGY TEXAS, INC., hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto ENTERGY, TEXAS, INC., 60 North llth Street, Beaumont, Texas 77702, Jefferson County, Texas, its successors and assigns, an Electrical Easement for facilities, construction, reconstruction, improvements, repairs, operation, inspection, patrol, replacement and maintenance of electric power and communication facilities, or the removal thereof, now or in the future for material and appurtenances, now or hereafter used, useful or desired in connection hereinafter described land which said easements are under, over, in and across that certain tracts or parcels of land owned by GRANTOR situated in the County. of Jefferson, State of Texas, and being more particularly described in Exhibit "A & B" attached and made a part hereof for all purposes. The easements herein granted shall be used for the purpose of construction, reconstruction, improvements, repairs, operation, inspection, patrol, replacement . and maintenance of electric power and communication facilities, and the following rights are also hereby conveyed: It is expressly understood and agreed that the ENTERGY TEXAS, INC. shall have the right of ingress to and egress from the tract of land hereinbefore described and use of the same for the purposes aforesaid, and giving said ENTERGY TEXAS, INC. the right and privilege to EXHIBIT"1" improve, maintain and operate the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property. GRANTOR shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easements and right-of-way unto the said ENTERGY TEXAS, INC., its successors and assigns forever. EXECUTED this day of )2020. GRANTOR: CITY OF BEAUMONT a municipal corporation By: Print Name: Kyle Hayes Title: City Manager [INTENTIALLY LEFT BLANK] ACKNOWLEDGMENT STATE OF TEXAS § JEFFERSON COUNTY § This instrument was acknowledged before me on this day of 2020, by Kyle Hayes, City Manager of the CITY OF BEAUMONT, a municipal corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 52020. Notary Public, State of Texas RETURN TO: Distribution Right -of -Way Department Entergy Texas, Inc. 60 North 1 lth Street Beaumont; Texas 77702 WR# EXHIBIT "A" 11 ANOFJAMA GROUP L L C 0.056 Acre Electrical Easement Surveyor's Field Note Description 0.056 Acre Electrical Easement Noah Tevis League, Abstract No. 52 . Jefferson County, Texas November 2, 2020 Being a 0:056 acre tract of land as situated in the Noah Tevis League, Abstract No. 52 of Jefferson County, Texas and being out of and a part of Lots 609, 610, 615, and 616 of Block 18 of the Original Townsite of Beaumont, Texas as shown on plat filed for record under Volume 448, Page 249 of the Jefferson County Deed Records and out of and. a part of. the abandoned Hickory Street as shown in the City of Beaumont Ordinance No. 71-72 dated December 28, 1971 and filed for record under Volume 1901, Page 212 of said Jefferson County Deed Records and out of and a part of the abandoned Cypress Street as shown in the City of Beaumont Ordinance No. 77-38 dated April 19, 1977 and filed for record under Volume 1996, Page 52 of said Jefferson County Deed Records. Said 0.056 acre tract being more particularly described by metes and bounds as follows: COMMENCING at a 1/2-inch iron rod found (with cap stamped "Soutex") at the intersection of the centerline of former Hickory Street with the east right-of-way of Cypress Street for the southwest corner of a called 0.604 acre tract designated as "Tract B" as conveyed to the Port of Beaumont by a Warranty Deed For Exchange of Lands dated- December 2, 1976 and filed for record under Volume 1973, Page 471 of said Jefferson County Deed Records and the northwest corner of a called 2.843 acre tract as conveyed to City of Beaumont by a Warranty Deed For Exchange of Lands dated December 2, 1976 and filed for record under Volume 1973, Page .471 of said Jefferson County Deed Records. Said .point of commencing has a Texas State Plane Coordinate System, Lambert Projection, North American datum of 1983 (NAD 83), Central Zone (U.S. Survey Foot) value of North: 13,974,147.61 and East: 3,519,10.2.16; THENCE, South- 86°30'53" West, a distance of 61.00 feet, along the centerline of former Hickory Street, to a concrete monument found at the intersection of same with the west right-of-way of said Cypress Street for the southeast corner of a called 3.680 acre tract as conveyed to 555 Main Street, LLC by a Special Warranty Deed dated March 15, 2019 and filed for record under Clerks' File no. 2019008810 of the Jefferson County Official Public Records, from which a concrete monument found for the northeast corner of same bears North 03 032'20" West a distance of 329.74 feet; THENCE, South 03°20'27" East, a distance of 17.71 feet, along the west right-of-way of said Cypress Street, to a point for the north corner and PLACE OF BEGINNING of the herein described tract. Said point of beginning has a Texas State Plane Coordinate System, Lambert Projection, North American datum of 1983 (NAD 83), Central Zone (U.S. Survey Foot) value of North: 13,974,126.22 and East: 3,519,042.31; THENCE, South 03c20'27" East, a distance of 12.84 feet, along.the west right-of-way of said Cypress Street, to a point for an angle corner of the herein described tract, the southeast corner of said abandoned Hickory Street ordinance, the northeast corner of Block 18 of said Original Townsite of Beaumont, Texas, and the . northwest corner of said abandoned Cypress Street ordinance; THENCE, North 86°30'54" East, a distance of 0.92 feet, along the north line of said abandoned Cypress Street ordinance, to a point for the east corner of the herein described tract; THENCE, South 43°31'58" West, a distance of 1.26 feet, over and across said abandoned Cypress Street ordinance; to a point for an angle corner of the herein described tract located in the west line of said abandoned Cypress Street ordinance and the east line of: Lot 616 in Block 18 of said Original Townsite of Beaumont, Texas; Page 1 of 2 ZAProjects\1131 - Entergy\062 - Edison Plaza\1131-062_M&B 0.056 acre ELEC ESMT.doc 2915 Toccoa Road office 409.899.5050 Beaumont, TX 77703 fax 409.899.5058 h JAMA EXHIBIT "A" Aly GROUP L L C THENCE, South 43c31'58" West, a distance of 240.11 feet, over and across said Lots 616, 615, 610, and 609 in Block 18 of said Original Townsite of Beaumont, Texas, to a point for the south corner of the herein described tract located in the northeast right-of-way of Main Street and the southwest line -of Lot 609 in Block 18 of said Original Townsite of Beaumont, Texas, from which a 1/2-inch iron rod found (with cap stamped "Soutex") for reference bears South 43T0'46" East a distance of 1377.44 feet; THENCE, North 43°20'46" West, a distance of 10.01 feet, along the northeast right-of-way of said Main Street and the southwest line of Lot 609 in Block 18 of said Original Townsite of Beaumont, Texas, to a point for the . west corner of the herein described tract; THENCE, North 43°3l'58" East, a distance of 248.93 feet, over and across said Lots 609, 610, 615, and 616 in Block 18 of said Original Townsite of Beaumont, Texas and said abandoned Hickory Street ordinance, to the PLACE OF BEGINNING, CONTAINING 0.056 acres of land in Jefferson County, Texas. The bearings and distances recited herein are based on the Texas State Plane Coordinate System, Lambert. Projection, North American datum of 1983 (NAD 83), South Central Zone (U.S. Survey Foot). Surveyed. November 2,2020 TBPLS Firm #10130400 of t Ole &JV MICHAELKET�-IAN Seto atJRV.� Page 2 of 2 Z:\Projects\1131 - Entergy\062 - Edison Plaza\1131-062_M&B 0.056 acre ELEC ESMT.doc 2915 Toccoa Road Beaumont, TX 77703 office 409.899.5050 -fax 409.899.5058 EXHIBIT "B11 FND CON MON FND 1/2IRON Roo •souTEn• PORT OF. BEAUMONT NOAH TEV1S LEAGUE TRACT ABSTRACT N O 52 CALLED 0.604 ACRE . 555 MAIN STREET, LLC W f WARRANTY DEED FOR EXCHANGE OF LANDS II CALLED 3.680 ACRES r H BLOCK 23 DECEMBER 2, 1976 — — ABANDONED HICKORY STREET BLOCK SPECIAL WARRANTY DEED ,� 19 a LOT589 VOL. 1973, PG. 471 CRY OF BEAUMONT ORDINANCE NO. 71-72 MARCH 15, 2019 3 CF 2019OD8810 JCDR DECEMBER 28, 1971 JCOPR v �, VOL 1901, PG. 212 n a o JCDR z = V FND CON NON --__ �=---- POC CENTERLINE OF FORMER HICKORY STREET FND 1 2 IRON ROD "SONEX• S B6'39'J7' W 762.46' POB N:13,974,147.61 FND N:13,974,126.22 E:3,519,102.16 PK NNL E:3,519,042.31 CITY OF BEAUMONT 3 CALLED 2.843 ACRE WARRANTY DEED FOR LOT 584 EXCHANGE OF LANDS ABANDONED ' DECEMBER 2, 1976 STREET CITY OFSBEAUMONT LOT 616 nnCP VOL. 1973, PG. 471 ORDINANCE NO. 71-72 DECEMBER 28. 1971 LOT 611 ��U' �,\ JCDR VOL 1901. PG. 212 JCDR a ;. n�o• ABM CYPRESSDONED STREET CITY OF BEAUMONT LOT 583 PROPOSED 10' WIDE \ ORDINANCE NO. 77-38 APRIL 19, 1977 LOT 61D \ BLOCK 18 VOL 1JCDRPC. 52 UTILITY EASEMENT' LOT 615 : tK 0.056 ACRE 5 EASEMENT ORIGINAL TOWNSITE OF BEAUMONT, TEXAS VOL. 448, PG, 249 LOT582 JEFFERSON COUNTY DEED RECORDS LOT 609 �3 LOT 614 ENTERGY J, MANHOLE �0. e. L07 581 el GENERAL NOTES>> LOT 613 I. Bearings shown hereon are referenced to the Texas State Plane Coordinate System, South Central Zone, MAD 83 (US Survey Foot). FND 1/2 IRON ROD •SOUTE%• Subject to the General Notes shown hereon: We, JAMA Group, LLC acting by and through Michael Kethan, a Registered Professional Land Surveyor, hereby certify that the drawing shown hereon is a true and correct representation of 0.056 acre utility easement made on the ground, under my supervision, being situated in the Noah Tevis League, Abstract No. 52 of Jefferson County, Texas. Surveyed: September 23, 2020 OF 4�Q�0 �`Trfq�`9 O MICWE I(!=1 HAN 1 9 6709 Michael Kethan Registered Professional �y� 8tlpy��Q Land Surveyor No. 5709 LINE BEARING DISTANCE L1 5 OX20'27' E 12.84' L2 N 86'30'54' E 0.92' L3 S 4Y31'58" W 1.26' L4 N 4Y20'46' W 10,01' L5 S 8930'53" w 61.00, L6 S 03'20'27' E 17.71' SURVEY EXHIBIT OF A 0.056 ACRE ELECTRICAL EASEMENT AS SITUATED IN THE N. TEVIS LEAGUE ABSTRACT NO. 52 JEFFERSON COUNTY, TEXAS SEPTEMBER 23, 2020 REVISED: NOVEMBER 9, 2020 1 JAMA ;"♦JJ GROUP LLC 2915 Toccoa Road Beaumont, Texas 77703 Office (409) 899-5050 TBPLS Firm #10130400 F B.EAUMONT. TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: November 24, 2020 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive- Water Line Easement. BACKGROUND Obana Three Company, Inc. has agreed to convey a ten foot (10') wide exclusive Water Line Easement to the .City of Beaumont. The easement is described as being a 153 square foot tract of land -out of Lot.15, of Old Dowlen Business Park, Section Two. The easement is.for the construction of a new restaurant located at 6165 Muela Creek Drive. FUNDING SOURCE. Not applicable. RECOMMENDATION Approval of the.resolution. RESOLUTION NO. WHEREAS, Obana Three Company, Inc. has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 153 square foot tract of land out of Lot 15, Old Dowlen Business Park, Section Two, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the City of Beaumont to facilitate the construction of a new restaurant located at 6165 Muela Creek Drive; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and is in the best interest of the City of Beaumont and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT one ten foot "10') wide exclusive water line easement, said easement being a 153 square foot tract of land out of Lot 15, Old Dowlen Business Park, Section Two, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of November, 2020. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: WATER LINE EASEMENT THAT, OBANA THREE COMPANY, INC., a Texas corporation, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND N0/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby aclmowledged, has GRANTED, SOLD and CONVEYED, and by these presents does - GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. 0. Box 3827,' Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual; exclusive, water line easement (the "Easement") to construct, alter, and maintain waterlines and related appurtenances on the hereinafter described -lands which said easement is under, over, in and across those certain tracts or parcels of land -owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularlydescribed in Exhibit "A & B", attached and made a part hereof for all purposes (the "Easement Area") The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, -and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no. event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement. Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing_ materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense: The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights -of -way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated- only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page Follows] [INTENTIONALLY LEFT BLANK] EXECUTED this day of , 2020. GRANTOR: OBANA THREE COMPANY, INC. a Texas corporation By: Printed Name: Yue-Min Dia Title: CEO ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the day of , 2020, by Yue-Min Dia, CEO of Obana Three Company, Inc., a Texas corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2020. Notary Public, State of Texas RETURN TO:. City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 FAUST Engineering and Surveying, Inc. Professional Engineers and Professional Surveyors Telephone (409) 813-3410 E-MAILADDRESS INFO@FAt1STENG.COM Fax (409) 813-3484 5550 Eastex Freeway, Suite O Beaumont, Texas 77708 Surveying Firm Registration No. 100024-00 Engineering Firm Registration No. 4800 - EXHIBIT A FIELD NOTE DESCRIPTION FOR A 153 SQUARE FEET, 10 FEET WIDE EXCLUSIVE WATERLINE EASEMENT OUTOF LOT1S OF OLD DOWLEN BUSINESS PARK, SECTION TWO JEFFERSON COUNTY, TEXAS October 2, 2020 BEING a certain 153 square feet tract and being a 10 feet wide exclusive waterline easement out of Lot 15, of Old Dowlen Business Park, Section Two, as described in CF. No. 2016031349, of the Official Public Records of Jefferson County, Texas; said easement being more particularly described by metes and bounds as follows: (BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AND ARE BASED ON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT 2011.)' COMMENCING at a''/:" rebar found in the east right-of-way line of Muela Creek Drive, at the southwest corner of the said Lot 15, and at the northwest corner of Lot 14A, of Old Dowlen Business Park; Section Two, as described in CF. No. 2020018744, of the Official Public Records of Jefferson County; THENCE North 87°05'43" East (called North 87"01'14" East) along the south line of said Lot 15 and the north line of said Lot 14A, a distance of 147.03 feet to a point forthe southwest corner of the herein described tract and beingthe POINT OF BEGINNING THENCE North 02°58'41" West, a distance of 15.32 feet to a point for northwest corner of the herein described tract; THENCE North 87°01'19" East, a distance of 10.00 feet to a point for northeast corner of the herein described tract; THENCE South 02°58'41" East, a distance of 15.33 feet to a point for southeast corner of the herein described tract; THENCE South 87°05'43" West (called South 87'01'14" West) along the south line of said Lot 15 and the north.line of said Lot 14A, a distance of 10.00 feet to the POINT OF BEGINNING and containing 153 square feet of land, more or less. This description and accompanying plat are based on a survey completed under the supervision of Richard F. Faust, P.E., Registered Professional Land Surveyor No. 4782 on October 2, 2020. OF T� GA cru: e .7 0 .cn RICH_A_M F. F_AIST Richard F. Faust, P.E. : °9 4782 P:Q Registered Professional Land Surveyor No. 4782 X.— Page 1 of 1 I FOUND 1/2"' REBAR z Is' BurcnlAa sLn3taL WE — SCALE- 1 "=30' cl t3 L1 POINT OF BEGINN1N a ° PAINT FOR CORNER N u ^N � Nn LOT 15 W = IR LOT 14A (CF NO. 2016A31349 J.C.O.P.R.) g (CF: NO. 2020018744 J.C.O.P.R.) hk N � 2 I O y' W W� Mx O 2 _ La' a�w_ T sTa�or uE 25' eNLLNNo bY781GIt LNE _J (a' rmm came to' UIIUIY FASEYFNT POINT OF COMMENCEMEN FOUND 1/2- REBAR MUELA CREEK DRIVE (60' RIGHT--OF—WAY) 'LINE TABLE LINE BEARING DISTANCE CALLED BEAR. L1 N 02'58'41" W 15.32' — EXHIBIT B L2 N 87*01'19" E 10.00' — PAGE I OF 1 TO ACCOMPANY DESCRIP710AI L3 S 02'5B'41' E 15.33' OF A 153 SQUARE FEET L4 S 87105'43' W 10.00' S B7'01'14. -W 10 'FEET WIDE EXCLUSIVE WATERLINE EASEMENT BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS OUT OF COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AND LOT 15 ARE BASED ON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT 2011. _ OF - NOTE: OLD DOKEN BUSINESS PARK, SEC7ION TWO NO. 2016031349 J.C.O.P.R.) (CF.CORNERS ARE POINT FOR CORNER UNLESS NOTED OTHERWISE ' BEAUMONT, IEFFERSON COUNTY, TEXAS N CENGINEERING AND SURVEYING, INC. 10.2.20 FEMP991ONAL ENGMMM AND FROFi SMONAL SURVEYORS aF ... - .•� . WSOEAST FWr.STEO BFAUMONf•TE%A M01 ' (4w)alO l0 } ENGINEERING mm NQ d800 SURVE GRRMNO.10=40 lF Q J�Y19 F. FN[iT OWNERSHIP OF DOCUMENTS 4M THIS DOCUMENT, AND 7HE IDEAS AND DESIGNS � \. b F`•.' Q.'••'• INCORPGIUTED HERON. AS AN INSTRUMENT CF PROFESSIONAL SERWC& IS THE PR0'ERTY CF Q .•,s..�Q FAUST ENGINEERING AND SURVEYING INC, AND IS m.>.... NOT 70 BE USED, IN *ff( E• QV IMPART, FOR - ANY OTHER PROECT iHTHOUT 7HE HWTIEN AUlHORIZ477CW CF FAUST ENGINEERING AND RIOTARD F. FAUST .... VICINITY MAP SURVEYING INC RE"VERm PROFES904AL 0 N.T.S. �. LAND SUR6EYM Na 4782 BEA UM4NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 24, 2020 REQUESTED ACTION: Council consider a resolution approving the purchase of actuators from Harold Beck and Sons, Inc. of Newtown, Pennsylvania. BACKGROUND. There are currently 20 actuators for the clarifier blow down valves at. the Water Production Plant on Pine Street that that have surpassed their service life and are in need of replacement. The new actuators will be installed on separate electrical grids to improve redundancy for the clarifiers. The total cost for.20 new actuators from Harold Beck & Sons Inc. is $72,400.00. There are also five rotary actuators that control the basin flow at the same facility that are essential items and have also surpassed. their service life. New Beck actuators have little to no maintenance requirements and would stabilize the basin. flow. The total cost for the.five new actuatorsis $27,472.50. Harold Beck.and Sons, Inc. is the sole manufacturer. and distributor of the actuators. The total estimated cost for the purchase is $99,872.50 plus freight (To be determined upon shipping). FUNDING SOURCE Water Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of twenty (20) Beck actuators for use by the Water Utilities Department from Harold Beck and Sons, Inc., of Newtown, Pennsylvania, a sole source provider, in the estimated amount of $99,872.50. 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 24th day of November, 2020. - Mayor Becky Ames - BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, NOVEMBER 24, 2020 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda items 6-11/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a Rezoning from RM-H (Residential Multiple -Family Dwelling - Highest Density) to NC (Neighborhood Commercial), or a more restrictive district for property located on the south side of Delaware Street and 120' west of Eastex Freeway 2. Consider a request .for a Specific Use Permit to allow a funeral home in a GC -MD (General Commercial — Multiple -Family Dwelling) District located at 2315 South 11 th Street 3. Consider a request for a Specific Use Permit to allow an elementary and. secondary school in a GC -MD (General Commercial-- Multiple -Family Dwelling) District located at 2615 Broadway Street 4. Consider a request for a Specific Use Permit to allow a gaming facility in a GC - MD (General Commercial - Multiple Family Dwelling) District located at 1475 Washington Boulevard 5. Consider a request for the closure of a segment of Main and Pearl Streets 6. Consider amending Section 20.03.004 of the Code of Ordinances related to School Zones 7. Consider a resolution authorizing the City Manager to apply for funding from the Texas Department of Transportation (Highway Safety Improvements Program) and execute an agreement with TxDOT if approved 8. Consider a resolution authorizing the City Manager to execute an agreement with CDM Smith, Inc., to .continue management of the Municipal. Separate Storm Sewer System (MS4) Permit for the City of Beaumont for Fiscal Year 2021 9. Consider a resolution approving the purchase of two automatic chlorine injector systems from Moody Bros., Inc., of Houston, for use at the Loeb Water Production Plant 10. Consider a resolution approving a contract with Marsh Waterproofing, Inc. of Vidor for the water remediation (east wall) and organ repairs at the Jefferson Theatre DISCUSSION ITEMS * Review and discuss vehicle and equipment repairs Review and discuss a bid for the statue that was removed from Weiss Park GENERAL BUSINESS 11. Consider a resolution approving the sale of the statue removed from Weiss Park 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 Kendrick Williams vs. City of Beaumont, et al; Cause No. A-204,508 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 24, 2020 Consider a request for a Rezoning from RM-H (Residential Multiple -Family Dwelling — Highest Density) to NC (Neighborhood Commercial), or a more restrictive district for property located on the south side of Delaware Street and 120' west of Eastex Freeway BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: November 24, 2020 REQUESTED ACTION: Council consider a request for a Rezoning from RM-H (Residential Multiple -Family Dwelling — Highest Density) to NC (Neighborhood Commercial), or a more restrictive district for property located on the south side of Delaware Street and 120'. west of Eastex Freeway. BACKGROUND Jeremy Mitchell, P.E:, R.P.L.S. of Soutex, Inc. has requested a rezoning of property on:the south side of Delaware Street and 120' west of Eastex Freeway. The corner of Delaware Street at Eastex Freeway is currently zoned NC (Neighborhood Commercial). The property owner would like to develop a convenience store on this corner and needs more room. The additional ninety-four and 9/10 (94.9) feet along Delaware will allow for necessary maneuvering space around gas pumps and parking. Utilities appear to be adequate for this location. The convenience store is planned at the intersection of two major.thoroughfares and therefore is.in conformance with the Comprehensive Plan. Extending the NC zoning further down Delaware Street could be problematic, as Delaware is primarily residential, but the additional ninety-four and 9/10 (94.9) feet will not create a significant encroachment. At a Joint Public Hearing held on November 16, 2020, the Planning Commission recommended 6:0 to approve the request for a Rezoning from RM-H (Residential Multiple -Family Dwelling — Highest Density) to NC (Neighborhood Commercial), or a more restrictive district. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESS: au'r-i . =HG. 3 7 3 7 O"y-S Qfi ve, , f o r+ Ar'Ii. V- 7 76 q APPLICANT'S PHONE #: qou - 9 83-?aoy FAX #: NOq 3 " zc� s NAME OF OWNER: Ara1h . GLC ADDRESS OF OWNER: 7335 grnzoS /AL e, &ri— Ar4k, r 1, %j( ?76/-/Z LOCATION OF PROPERTY: -5• CIF lZo W. OF fA jT LEGAL DESCRIPTION OF PROPERTY: LOT NO. Pwrf o-F L+4- 2i 3 BLOCK NO. OR TRACT PLAT ADDITION SURVEY NUMBER OF ACRES 0. 880' ( NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: ISM- v� Dev►` jV /"Idry inf2 Fuw+;�c/ l/ %/I -q ZONING DISTRICT REQUESTED: Al Co kp-!4 ► ho r(nooJ Co J HAS THE REQUEST BEEN MADE BEFORE? ND IF SO, DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE...........................................................$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00 5 ACRES OR MORE...............................................................$650.00, I HEREBY ACKNOWLEDGE THAT THE APICATION IS MADE FOR THE REQUESTED DISTRICT OR A MORE RESTRICTIVE DISTRICT. '� SIGNATURE OF-1'isLICANT: A r L----1 _ DATE: 9 WUM-911), .j► 01 PLEASE TYPE OR PRINT AND SUB PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET q FILE NUMBERR20-� J� DATE RECEIVED46Z -202D BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409) 880-3764: RECEIPT NUMBER: FAX (409) 880-3133 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF DELAWARE STREET AND 120' WEST OF EASTEX FREEWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RM-H (Residential Multiple Family Dwelling - Highest Density) District to NC (Neighborhood Commercial) District for property located on the south side of Delaware Street and 120' west of Eastex Freeway, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of November, 2020. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING 0.2371 acres of land, part of the A. Williams Survey, Abstract No. 385 and out of Lot 2, Block 3, French Subdivision, recorded in Volume 3, Page 227, Map Records, Jefferson County, Texas; being part of a (Called 1.37) acre tract referred to as Tract I, in a deed to Arain, LLC, recorded in Clerk's File No. 2019030789, Official Public Records, Jefferson County, Texas, said 0.8809 acre tract being more fully described by metes and bounds as follows, to wit: Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of 1983, South Central Zone, US Survey Feet, and are referenced to SmartNet, North America. BEGINNING at a'/2" steel rod found on the South right-of-way line of Delaware Street and the Northwest corner of Lot 1, Northwood Addition, recorded in Volume 8, Page 160, Map Records, Jefferson County, Texas, said 1/2" steel rod having Coordinates ofN: 13981075.98, E: 3505598.55; THENCE, South 02 deg., 55 min., 24 sec., East (Called South) on the West line of Northwood Addition, a distance of 125.40' (Called 125.40') to a point for corner for the Southwest corner of Lot 2, Northwood Addition and the Southeast corner of the herein described tract; THENCE, South 87 deg., 26 min., 26 sec., West, a distance of 94.90'to a point for corner for the Southwest corner of the herein described tract; THENCE, North 02 deg., 55 min., 24 sec., West, a distance of 125.31' to a point on the South right-of-way line of Delaware Street and being the Northwest corner of the herein described tract; from which a 1/2" steel rod, found for the Northeast corner of a (Called 0.522) acre tract of land described in a deed to Jerry L. Burd and Mary Helen Burd, recorded in File No. 9809317, Official Public Records, Jefferson County, Texas, bears South 87 deg., 25 min., 26 sec., West, a distance of 185.18' THENCE, North 87 deg., 23 min., 12 sec., East (Called North 87 deg., 24 min., 41 sec., East) on the South right-of-way line of Delaware Street and the North line of Lot 2, Block 3, French Addition a distance of 94.90' to the POINT OF BEGINNING and containing 0.2731 acres of land, more or less. EXHIBIT "A" 'Z2020-138): Request for a Rezoning from RM-H (Residential Multiple -Family — Highest Density) to NC (Neighborhood Commercial), or a more restrictive 0 100 200 t: Soutex, Inc. I i I I Feet South of Delaware Street and 120' west of Eastex Freeway EXHIBIT "B" L �;6�m onAwu¢ — 'T' xriwei wa,r' --�_ ___• 7 g� o = I� Seg r•--------------- Fp-----'--- I a PUMP I _ m m xp pp I I I W,I I j I I a I�I II i j I I 8 g � 16 II I I I g 1 1 a I I ,gym II "1 I • a� • � I g 11 I I I PuuP UMP I I 9 V. e-yip¢ .a .. • 9 � .a m,w• � .8 is 3�i I .' � I g .— — — — — — — — ----- — �$� . pnpap• r v�p� I 3 ssre�• nr�e PRYL N4 11-47 PwlA,t6ur, iee, T1642 PxcwuN,,nr srz PLAN PPIN] DAM np/3o T.L409.983.2004 IMM 9r. an SURVEYORS & ENGREERS Paa.409.983.2005 CHAUDRRY BASRIR PROJECT . f aouler.,v )onmm 2795 EASTEX FREEWAY I.PPROWD Br. .el „x +,,,, •,s.-s xa n.�moo BEAU_.. TExAs sil t 1 Or 1 a November 24, 2020 Consider a request for a Specific Use Permit to allow a funeral home in a GC -MD (General Commercial — Multiple -Family Dwelling) District located at 2315 South 11t' Street BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager CS 1� PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: November 24, 2020 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a funeral home in a GC -MD (General Commercial — Multiple -Family Dwelling) District located at 2315 South 1 It" Street. BACKGROUND Leroy McBride, III is requesting permission for a funeral home at 2315 S. 1 lth Street. Mr. McBride is the owner and is licensed by the state of Texas as a funeral director and embalmer. Other than himself, he plans to employ a full time receptionist for this location. Ninety (90) percent of services conducted will be held in area churches, but on the occasion that a service will be held at the funeral home, 2-3 additional attendants would be employed. Although the site seems to have an adequate amount of space to accommodate the minimum parking requirement, the existing spaces do not meet the minimum dimensional requirements. Also, the driveway on Blanchette Street, closest to Eleventh Street, will need to be designated entry only. Likewise, the other driveway on Blanchette Street will need to be designated exit only. The redesigned parking layout shall consist of angled spaces to promote a one-way traffic flow. Therefore, a detailed site plan must be submitted illustrating a proposed parking layout redesign. At a Joint Public Hearing held on November 16, 2020, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a funeral home in a GC -MD (General Commercial — Multiple -Family Dwelling) District with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment and/or F.O.G. program. 2. Submit a redesigned parking plan to meet City of Beaumont requirements and, once approved, implement the new parking plan. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment and/or F.O.G. program. 2. Submit a redesigned parking plan to meet City of Beaumont requirements and, once approved, implement the new parking plan. Aug 17 20 04:01 p p.1 SPECIFIC USE PERWr APPLICATION BEAUMONT, TEXAS (CbRP«2%City Codes) TO: THE PLANNING COMMISSION AND APPLICANTS NAME L—eV _ U U APPUCANTS ADDRESS: A Zly (,R+k APPLICANTS PHONE NAME OF PROPERTY ADDRESS OF PROPERTY LOCAWON OF PROPERTY: Z"5rS CIL, CITY OF BEAUMONT, TEXAS �. IITT+ P:>T LEGAL DESCRIPTION OF PROPERTY: LOTNO.—ij Q • 3C"C) J Z BLOCK NO. L� _1 ADDITION NUMBER OF ACRES 0 "51 Nc' OR TRACT PLAT SURVEY NUMBER OF ACRES < I &cY For properties not in a recorded gmbdivision, submit a copy of a current survey or plat ihowbg the proper nes proposed for a specific use pent% and a complete hgd field note description. PROPOSED ZONE• t-C30A-11--� ATTACH A LETTER describing all processes and activities involved with the proposed uses ATTACH A SITE FLAN drawn to scale with the i Animation listed on the top backside of this sbW. ATTACH A REDUCED 8 %" X.11" PHOTOCOPY OF THE SITE PLAIN. THE EIGM CONDMONS listed on the bads side of this sheet must be met before City Council can grant a specific use pcnnit PRASE ADDRESS iEA,C11 CONDMON IN DL7AIL. ATTACH THE APPROPRUITE APFLIICATION FEE: LESS THAN Yz ACRE___ _ . _.......................5250.00 . ......... ... H ACRE OR MORE AND LESS THAN S ACRES__..._...__..$450.00 S ACRES ORMORE........._... _.._.......... .._ ._._...... ._.___5630.00 1, being the undersigned applicant, understand tbat all of the oonditkms, dimensions, building sizes, landscaping and parking areas depicted on the bite plan shall be adhered to as amended and appmvcd by City CounciL SIGNATURE OF APPLICANT: SIGVA.TURB OF PROPERTY PLEASE TYPE OR PRINT AND FILE NUMBER: Zy 30 T t?_ zFsz-0 - 1301 TO: CITY OF BEAUMONT PLANNING DIVISION 901 MAIN STREET, ROOM 201 BEAUMONT, TX 7770I Phone- (409) 880-3764 Fax - (409) 880-3110 tyyy tit+LiiMil4��t�wltt�ti4ttt►•f»!t#�RwtMa+Rt tswt gnratt biRltt+Mt#tMt*kitty»i iM MtM»tittt+�ft�r#t 4+�yiitFt*yt tM�tt+�ttuf..►t�t d# rLEASE MAU NUM ON REVERSE SME W COMMONS TO BE MEPREGARDIM THE SITE PLAN AND LUM OF FROFomm usss AND ACrrV1TJES. Aug 17 20 04:01 p p.1 SPECIFIC USE PERNIIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS I - 11 A -1 I APPLICANT'S APPLICANTS ADDRESS.: APPLICANTS PHONE #: NAME OF PROPERTY OM ADDRESS OF PROPERTY 'Z ZV (o+-k IV I I Jy 7�) 1 1 FAX #: 'VER: t—RM ® Yl i C A Li " 14er LOCATION OF PROPERTY: LEGAL DESCRIPTION OF PROPERTY: LOTNO OR BLOCK NO. ADDITION NUMBER OF ACRES TRACT PLAT SURVEY NUM13ER OF ACRES,____,S 1 1 c—y,- For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use Permit, and a complete legal field note description. PROPOSED flal ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 Vz,, K 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN Y ACRE.. .......... ....... _............................... ........ ..$250.00 '/z ACRE OR MORE AND LESS THAN 5 ACRES ........ _..... ..» $450.00 SACRES ORMORE.._... ....... .._............ .......................... ........... $650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and jpprnved by City Council SIGNATURE OF SIGNATURE OF PROPERTY OWNER- : I f DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 FILE NUMBER: BEAUMONT, 7X 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 PLRASE MAKE NOTE ON REVERSE SIDE OF COI IIDMUNS TO BE METREGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. FUNERAL HOME McBride Funeral Home Proposed Location in Beaumont, Texas Description of Company and Responses to the Eight Conditions for Specific Use Permit Granted by the City of Beaumont City of Beaumont Planning Division 801 Main Street, Room 201 Beaumont, TX 77701 McBride Funeral Home provides the highest quality traditional funeral services, personalized funeral services, memorial services, graveside services, Veterans' funeral services and various cremation service options for all ethnicities, religions, and nationalities. McBride Funeral Home, ensures that the necessary paperwork is complete to enable burial or cremation provides proper information to bereaved families, places death notifications and obituaries into local newspapers, uses local florists to order floral tributes on behalf of the family, arranges transportation to and from services for families and friends, and keeps accurate records required by Texas Funeral Service Commission. No cremations will be done at this location. In addition to offering high quality funeral and memorial services, McBride Funeral Home is a commissioned Texas Notary Public. The key employees for McBride Funeral Home are: Leroy McBride, III, the owner, licensed funeral director and embalmer; and a receptionist, who, provides support to the owner and performs administrative tasks. Although 90 percent of our funeral and memorial services will be held in area churches, funeral attendants (2-3) will be needed when funeral and memorial services are held at the proposed funeral home location. McBride Funeral Home aims to bring the highest quality of service and take care of Beaumont families in bereavement. McBride Funeral Home will work tirelessly to abide by all rules governing the City of Beaumont and we will assure that our neighbors in the surrounding area will not be affected by our presence. Zoning Ordinance Conditions Needed for Specific Use Permit 1. McBride Funeral Home, in the proposed location in the City of Beaumont, will be our company's second location. Our first location is in Texas City. We believe that we have many assets to offer to the City of Beaumont, and we will always present ourselves and our building in an upscale, sophisticated manner. Recently, we received the "Stay Classy Beautification Award" from the City of Texas City because of the upgrades made to our building, and for the services we provide to the community. Our first location is in historical downtown Texas City. Currently, we service families from Beaumont from our first location in Texas City. 2. McBride Funeral Home will bring superior service and value to the City of Beaumont. By no means will our presence lower the standards set by the City of Beaumont. We are here to help in any capacity, not only in the funeral service business. We aim to enhance the surrounding community where our building will be located. 3. Just as we did to successfully stand up our first location, we will work diligently with the City of Beaumont to ensure that every requirement is met to standard with the following agencies: City of Beaumont, Fire Marshalls, Back Flow Maintenance and the Texas Funeral Service Commission. 4. McBride Funeral Home will never alter the success to adjacent properties. We aim to get processes and standards right the first time. When we have funeral services at this location, our personnel will make sure that parking will not affect surrounding businesses. 5. The directional lighting will be minimal. At night, we use a lamp on the inside of the building and a light on the outside that shines on the McBride Funeral Home signage. These two methods of lighting will be the only two needed. 6. The proper ventilation for fumes is a requirement from the Texas Funeral -Service Commission. Odors and flumes are taken care of by the exhaust system that will be installed in the funeral home. Biohazard containers are picked up and boxed in special containers by a specified biohazard company. Due to the sensitive nature of funeral service, our staff will not tolerate a noisy environment inside the funeral home, nor outside of the funeral home. 7. Again, McBride Funeral Home has high standards. We will make sure our painting, landscaping and upkeep is consistent with the standards of the City of Beaumont. Our presence will be an asset to your community. 8. We are sure that the opening of McBride Funeral Home in the City of Beaumont and its proposed use is in accordance with the city's Comprehensive Plan. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FUNERAL HOME IN A GC -MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2315 SOUTH 11TH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Leroy McBride III has applied for a specific use permit to allow a funeral home in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 2315 South 11 th Street, being Lot 1 and the north 30' of Lot 2, Block 29B, College Acres Addition, Beaumont, Jefferson County, Texas, containing 0.51 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a funeral home in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 2315 South 11th Street, subject to the following conditions; ; and, • Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre- treatment and/or F.O.G. program; • Submit a redesigned parking plan to meet City of Beaumont requirements and, once approved, implement the new parking plan WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a funeral home is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a funeral home in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 2315 South 11th Street, being Lot 1 and the north 30' of Lot 2, Block 29B, College Acres Addition, Beaumont, Jefferson County, Texas, containing 0.51 acres, more or less, as shown on Exhibit 'A," attached hereto, is hereby granted to Leroy McBride III, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions; • Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre- treatment and/or F.O.G. program; • Submit a redesigned parking plan to meet City of Beaumont requirements and, once approved, implement the new parking plan. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes., Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of November, 2020. - Mayor Becky Ames - 430-P PZ2020-139 : Request for a Specific Use Permit to allow a funeral home in a GC- D (General Commercial — Multiple -Family Dwelling) District. Applicant: Leroy McBride, III Location: 2315 South 11' Street 0 100 200 1 1 1 1 Feet '�.� , r f 4��' �' r 4 �'1 6l '----, i � p ,:�a�"��•s�-��,f '� *' � d7y � L,egend AA Y RS` Lf IV _-.-._ _ _. __ r1 �r-.' am....'� �;�d^`� y Iftti,�i�u n� �- r•.,",r��J..� � ,sf � �� , . V It Y "rrr''� FIN l,emu �„ji i' �' � •. �� '" � r�: it i�.� • Y � � ? i '� x - / » of +�•� �J `�. r �r �+� - d ' i _y �t � n Yfi t • d S�vrT �f� j I }QF} L • s •,� �' ma's ilk d s � S ^M �� rr��/� / �� • �J. s3-,� ,r��,�j��U��.� _ �-" Ate. "�':r.� {� ' �.'' 's r � , _ j ' ��=;• �.„� e)ta, � �; � � %� • . � � - It Al IVAA )) TV 5 ❑ x �;.,E. z 3 ,-,rw- tip: k Vr ats-jy;�'N < < n» +"� ��b:, � x�• �' • f `. t-'. gam! #�' �i y.•a 77? EXHIBIT "A" m a 3WOH —IY NaNn � Iegol6i s 9 IIeW-3 1018-998 (rook):xe3 0010018-995 C60Y)=suo1,}d 9OLLL eexal VOwMag O a-jing efipeljE> OLLL acliN ow oaV'09'DNIM rZ!to s,�rotva�� 1�3z11S fitlll Vm3 9 '�sla 4VV'NIVNCl IsEa s .u10 I llx3/30NV?J1N3 ,9£ I 8NI-1 .�.L dOstd MMMI s=a o�a s� lIVH.ISV-AVm3nl21a aaVH i r z m a s �m �o 6" D :1791 NOWS aIVH sa3H1O Ag m9V31 VNIC Ilns aMWNai do iar is 37N3d N3000m .e 3SJVNIVa4 VNIIV3S = N092.3d 001 - 5L n n�8 z i NSTIVl NO ,£ 03NV1NIV14 IV W319 IllrU4 oVIT�V„ H0V3 sa3dv-IVo „I do 9>NnzLL £ do NIW OZ-91-01 =91"dQ I NN�01110TV NOISNEI-LXa Isla 9aN: Y SVa-1-10✓^'ALis„l IS (N �6Z �l�i� l 107 \ N sla LH'713H')NIaws xi A• z o� m mZ �o N rx m m m ItIV13H VNiaiins ,e m i sta N 0 l�VHd9V -AVm3Mba Q21VH D z 0 \ -1 sa to �O1 b z A t, m NM�Nii �NN�N! n 3NI� ,U.�dO�d Nb`'lcl LO'lcl NV321 ONV 1NONA NI ? -rM 36V09QNV1 ,OI 3Hl NOA 30NVRJVh NOJ *I9V '-Z L31 dn9 H0V3 ez!mc4 vo 01 d0 s>INn2LL £ d0 NIW wial u-inW :m ,oi - ,9 3liww a mNo .s. 3dA1 s332LL s sstrl0 mo=i -L 1VdV ,01 do Wt1WiNIW V 4NV s332LL V Ss l' NO3 lNVdV ,oz do WnWINIW V Hlim dlNis N—n9 3Hl NIHllm SN3HmANV mINV'ld 3g AW4 9-932!1. 43BIInD3a 3HI GMZ!U s 99V17 NO V SWID Hllm BIM-7 Al cJONcj -IM VNOIV >14„n8 3dV09NVj 341m ,OI 3 November 24, 2020 Consider a request for a Specific Use Permit to allow an elementary and secondary school in a GC -MD (General Commercial — Multiple -Family Dwelling) District located at 2615 Broadway Street BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager 43-3 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: November 24, 2020 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow an elementary and secondary school in a GC -MD (General Commercial — Multiple -Family Dwelling) District located at 2615 Broadway Street. BACKGROUND Acton Academy Beaumont is requesting permission for a school at 2615 Broadway Street. The proposed school would be similar to a single -room schoolhouse where grades K-12 would be divided into three (3) groups each in a large "studio" classroom. Enrollment will be limited to eighty (80) students. No food will be prepared at this location, each student will be required to bring a prepared lunch each day. Hours of operation will be 8:00 a.m. till 3:30 p.m. Monday — Friday for 180 educational days per year. At a Joint Public Hearing held on November 16, 2020, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow an elementary and secondary school in a GC -MD (General Commercial — Multiple -Family Dwelling) District with the following condition: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment and/or F.O.G. program as well as all applicable Building and Fire Codes. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following condition: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment and/or F.O.G. program as well as all applicable Building and Fire Codes. DocuSign Envelope ID: 73CBF571-2E0E-4B16-A01F-64CB7E6C6FB1 SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: ACTON ACADEMY BEAUMONT APPLICANT'S ADDRESS: 4770 LITTLEFIELD, BEAUMONT, TX 77706 APPLICANT'S PHONE #: 970-946-3258 FAX NAME of PROPERTY OWNER: JM FOSTER - BROADWAY LLC ADDRESS of PROPERTY OWNER:1332 WALNUT STREET, SAN CARLOS, CA 94070 LOCATION OF PROPERTY: 2615 BROADWAY, BEAUMONT, TX 77702 LEGAL DESCRIPTION OF PROPERTY: LOT NO. W 1 /2 LOT 2 & LOTS 3-7 & LOTS 24-27 BLOCK NO.49 ADDITION AVERI LL NUMBER OF ACRES 1 .6 OR TRACT PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: ELEMENTARY AND SECONDARY SCHOOL ZONE- GC -MD ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 V2" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESSTHAN %2 ACRE.................................................................$250.00 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved �y City Council. SIGNATURE OF APPLICANT: ocu �gne y: SIGNATURE OF PROPERTY OWNER: LOV 61FABCWHA431F PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DMSION Q D 801 MAIN STREET, ROOM 201 FILE NUMBER: "+ V + 1 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 10-20-20 10/20/2020 TE: PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Descropoon of Processes and AcUvftoes The proposed use of 2615 Broadway Street (currently zoned GC -MD) is an Elementary and Secondary School called Acton Academy Beaumont which shall operate as a small private school for grades K 12, (this falls under (2) primary uses, an Elementary and a Secondary School). Visit our website www.actonbeaumont.org for a more detailed description of our school. Our school is similar to a single -room schoolhouse where grades K-5 (Elementary School) will learn in one large area or "studio", grades 6-8 (Secondary "Middle" School) will learn in another, and grades 9-12 (Secondary "High" School) will learn in another. The school enrollment will be limited to 80 students. Each "studio" will have (1) full-time teacher for a total of (3). There will be (2) assistant 'teachers for a total of (5) full-time staff. Students will participate in learning activities as in any traditional school(reading, writing, discussions, art and crafts, outside activities, etc.) with an emphasis on experiential learning projects. The students will be required to bring a prepared lunch each day, so there will be no food preparation on the property. The school operating hours will be 8:00 am - 3:30 pm Monday through Friday for 180 educational days per year. AddrezMnq the Elght Candko©ns 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity, Upon issuance of a specific use permit, we seek to improve the value of the property by updating the interior and exterior. The additions will not be injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. The proposed property has sufficient parking, ingress, and egress for the drop-off and pick-up of students (see answer 4). The traffic that will be generated by the school is not greater than the traffic generated by the bank that previously occupied the building. It is our intent to create a school that will increase the enjoyment of our neighbors and improve property values for those around us. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. The establishment of a school in this area will not impede the development of surrounding property. While a school does prohibit certain types of businesses from operating in the surrounding area, having private residences across the street already prevents those types of businesses from opening within a similar radius. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. The utilities, access roads, drainage, and other supporting facilities are already in -place and functional. The usage of the property as a school will not use those resources considerably more than the prior usage of the property as a bank. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development. The existing property has room for adequate parking spaces per city zoning requirements for elementary schools (parking group 30) and secondary schools (parking groups 30/31). There are 39 existing parking spots. There will be (5) full time staff and a maximum of (40) secondary school aged students. Per the definition of parking groups 30 and 31 this requires (14) spaces. The existing driveway provides adequate space for ingress and egress as well as (2) student drop-off lanes. The property allows ingress and egress from Liberty Avenue and Broadway Street. There is enough room to stage (70) vehicles in the parking lot for pickup and drop-off so that general traffic on the surrounding public streets is not adversely affected. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration. The specific use of the property as an elementary and secondary school will not create any offensive odor, fumes, dust, noise, or vibration. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties. There will be no new directional lighting installed at the property because the operating hours of the school will be during daylight hours. Existing lighting is directed downward. 7. That there are sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. There is limited fencing on the boundaries of the property. It is our plan to fence the perimeter of the property with aesthetically pleasing 4' fencing to provide safety for the children as well as harmony and compatibility with adjacent properties. 8. That the proposed use is in accordance with the Comprehensive Plan. The proposed property is within a stable area. OUR MISSION To provide a student -driven learning environment for the 21st century. We seek to bring up a generation of doers - leaders, creators, innovators, entrepreneurs and discoverers. OUR BELIEFS Children are capable of far more than what traditional schools ask of them. • Learning to learn is more important than learning to know. * A child's curiosity is precious. Curiosity should be cherished, protected, and encouraged. • Children learn more doing and discovering than sitting in a desk, doing busy work, and preparing for tests. • Subject mastery and a commitment to excellence is more important than letter grades. • Every child learns differently and at their own pace. Each child is the protagonist in their own Hero's Journey. WHAT IS ACTON ACADEMY? The original Acton Academy was founded in Austin, Texas in 2009 by Jeff and Laura Sandefer for their children. It is now a network of over 80 student -driven schools around the world with a community of independent owners that are continuously sharing curriculum, best practices, and support. ACTON ACADIEIVJIY Beaumont, Texas A(: I c' \ AC:ADI:\I1 Beaumont, Texas 970-946-3258 A Learning Environment for the 21st Century info@actonbeaurnont.org Facebook.com/Acton Beaumont connect with us online & -0 ,ont, Texas, VIJ� � o O UV� LI LJ U VlJ �Yaue',ghila w; l(; Boa•,Hero's Jo, rnpy `Herors;J6urrie�''is a•s'pei�] sajjing inlie anc-seSof f�%als ag'drte_s_f leaf musti•l e fated: -*Lth p njorderEf`o liue,ra;(Sajis%ylfig,and f.U�Tfilledklru Lea7n`� toy be�ra;curl©u:�x;'Inde.Rendent, lifei,o,'ng� I..ea, efr Develop a deep respect for monom'it;, pol'i"i and rellgioGs freedom k CMe'rlh the art; wonder-s of fke, p"hy,,sfcal world and the„rnsterles of `IYe on iPorLh;. A. Dlscouer hts or• Kerr Fn`osY ppectoGs gifts anal; learn to,urn;tusdiffi+a`uIlsprkobl3em � L�JIuJ� e 000O e where JWor c1'a�5eeds m'kYe e1jM,, pneUr in4tlepehdent }fin ers antlrleaders How,•does;�ACtonAcademy,prreparbch,ln'ffir, ifh�e:2 ,sYcentUra;?, �litl�Ro'bm 5�choolhouse AbilityU not deter,,rnihed b age In an bp'bfi ndironm 7lt, s udefris•h2tU-pi� [0-rm (rot oth4rs_trtdenfs:-*,jh Qffi apt; .[r�[e{0s1s, rsk'fllsy and;�ab1'iity`• leue'l�. �bGYetle•Gu_id'e5• . urtle's`gip nr�t� aura o°r�r ��v+=r gr snona ftze rerLft jam. end anti gUt'3fitsns �tb garde chfldTen"to discover the cfrr'recti an5.wer'Me prbct s fhertieeiUes, „� [.earning VJe usa'tl "e latu4;in eduoationaf feoht7ology L. al�purp-S 41y •mmb,iingfirl Way, a)lowlrng ft'u�fe'ntst iear�n at £fief bwx briftq lei'1 dnd•f;herr ownlphce; Fuh,d, nand Pro��tt based Ltl" 1niF�g! Fiands�3haproleots'for;;t:renca, En;Creprehe'Urshipand•fYte• Art§ prepare GAdreh "for gpPrehfieesh�ps-ancl reii'WcEdd tyi18lt8n�e�,.. . S'turient'CJriven Learhin� . Childre'n�1eoo7ne e,rhpowt3rhd Ibarnels througti aidem`'i�tr�at�• t mV(ronmentih which they liaue rbllo'ice end Gt7Yde in tla process. A t°NC,°e G w� CTE R • P5� A 01Ojmb ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ELEMENTARY AND SECONDARY SCHOOL IN A GC -MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2615 BROADWAY STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Acton Academy Beaumont has applied fog a specific use permit to allow an elementary and secondary school in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 2615 Broadway Street, being the west'/ of Lot 2, Lots 3-7 and Lots 24-27, Averill Addition, Beaumont, Jefferson County, Texas, containing 1.634 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow an elementary and secondary school in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 2615 Broadway Street, subject to the following condition; ; and, • Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre- treatment and/or F.O.G. program as well as all applicable Building and Fire Codes WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an elementary and secondary school is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow an elementary and secondary school in a GC - MD (General Commercial -Multiple Family Dwelling) District for property located at 2615 Broadway, being the west 'h of Lot 2, Lots 3-7 and Lots 24-27, Averill Addition, Beaumont, Jefferson County, Texas, containing 1.634 acres, more or less, as shown on Exhibit "A," is hereby granted to Acton Academy Beaumont, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition; • Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre- treatment and/or F.O.G. program as well as all applicable Building and Fire Codes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of November, 2020. - Mayor Becky Ames - ,428-P (PZ2020-137): Request for a Specific Use Permit to allow an elementary and econdary school in a GC -MD (General Commercial — Multiple -Family Dwelling) District. applicant: Acton Academy Beaumont ,ocation: 2615 Broadway Street 0 100 200 1 1 1 1 Feet EXHIBIT "A" .E NWOMAY e1REtT •ir \ \,• 'L!. t' •Aw - - .. V. � , .. :. nlwosmrfFrym tii'c'$}*[-w. ♦ } 'L••b t+,{ � .. '? Y r c•7.1 *� �y _.. � I r _k.. .. •ea "`\ <. ¢l.ry Arr 'v .. ;': ;)", '`a•171� t�. >,`•.a .... C.r•c .. rr)'�"S`: •. _ . _ •,• \!-+... : ... �' .-usRM4A!?�, y � ^r L"'a 'a - ,-:�.�Y; NOME"RGC�PPOWPEHR'S5N@IINGOYiTIIISREOY01E09EGUSE :• .. .. � .. � �,�.•�' __ t PER3601A00(N AW�cEM TOwRE6i0EMLLL2oXE XOIE PROPEAfY WR15ERVE pIPgIMA3YNXC11d.•5. 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'' •. I m]1R• ._ I ''+ ,1.�9.,� % �v��-'� r S y. •eE � r �I^t ._ 1 � 311 1 �1 roi9�S •I j... y y..e.i•"�4.j..x ! :d` { r:• /� ,t 1 cam. f� cFavm ti 'rt�f. 's - �`"Ct•{ t x- s s k {^ LLJ T°4�welFaiu*NwiP ." {,ec i, WlFrwvlo NA{F] 'L'b Y f q I y ,slr`r • ,'�'i�{ 1 1 F'i„ c j ', •rra i t Y •� �-q. ,'_ - +'i 7, `L4a.y.c. v"fa.-. 'k' 'i _;"` `�t,4e sL•,.y s ��,, 1: i e•.: ' t ,i - - {,� r } ! r 4 ^c sP Y n ACTON ACADEMY LOEIIiY�VFNUEryNENAYNF�11 j p ; „� , � ..} m °� � •��.` � � �G � �.r {�� BEAUMON T, TEXAS : l.\ ... �.#'•-� i _� 't. } p.0r. ^�)? ; t ata { �o5..r��`r sPECP� �seP RP wnwurion _;t, 3,Y •e..y. Y �` µ I' i � �{ t �b '$ ,; K��: r+ GrtYOF6EAUNOtR �` n�, t•.. - Vc�'C'4Y�1A t 3, �. - ( `" r *.t ,. .�Y 'i> yt r. t "' E 1 t 1 t �•'.�`"` twr� 1-^..:_ `,a:'¢t�ti. i. 5 e4's l 1 ) t-t h I`� -.-. y '. r•: ^ ., i $'„sc"•w •tiw t �+�""ue is �,g��.{°`. _ .�u a� .�•�•'s� r�^��•c .>. � .9" .cam a � � c,.+c a."'� - •}x 5 Y� xxs Sc',.,�' ow c . -_ .t3 _ ..ens.,4.._ -- ' - ' '�.:_ _ _ _ ,.,:.r_. , M t ` i t• - > �• t r - - 'A•.5-�*2�'_� .. a .}' SREPLM-,OOx 11 November 24, 2020 Consider a request for a Specific Use Permit to allow a gaming facility in a GC -MD (General Commercial - Multiple Family Dwelling) District located at 1475 Washington Boulevard BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager 0 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: November 24, 2020 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a gaming facility in a GC -MD (General Commercial - Multiple Family Dwelling) District located at 1475 Washington Boulevard. BACKGROUND Jisan Makanojiya has requested a Specific Use Permit to allow a gaming facility at 1475 Washington Boulevard with 35 machines. The hours of operation for the business would be 8 a.m. to 10 p.m. everyday and security will be provided by on site surveillance. The site plan submitted does not show parking that has been drawn to scale. If approved, a detailed parking plan would need to be submitted. It should be noted that gaming facilities that have five (5) or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result, require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise, traffic as well as safety considerations. As such, proximity to parks, schools and especially residential uses should be carefully considered in the review of gaming facilities. This property is immediately adjacent a residential neighborhood and residential single-family dwellings and within 1,000 feet of both Robert and Chaison Parks. Beaumont Police were asked to provide feedback as to whether or not calls for service to.the Police Department are higher near game rooms. The research -showed that crime, especially auto theft, robbery and violent robbery are much higher near these facilities. At a Joint Public Hearing held on November 16, 2020, the Planning Commission recommended 6:0 to deny the request for a Specific Use Permit to allow a gaming facility in a GC -MD (General Commercial - Multiple Family Dwelling) District. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the request. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: Jisan Makanojiya APPLICANTS ADDRESS. 35 Cadence Ct, Richmond, TX 77469 APPLICANTS PHONE #:2817823658 FAX #- NAME OF PROPERTY OWNER: SHINING TYCOON LLC ADDRESS OF PROPERTY OWNER:1475 Washington Blvd., Beaumont, TX 77705 LOCATION OF PROPERTY:1475 Washington Blvd., Beaumont, TX 77705 LEGAL DESCRIPTION OF PROPERTY: LOT NO.8,9,&10 OR BLOCK NO.17 ADDITIONARLINGTON NUMBER OF ACRES -ACRE. TRACT PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: GAMING SITE ZONE: ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8'/" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN''/z ACRE.................................................................$250.00 '/2 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved y City Council. SIGNATURE OF APPLICANT: DATE.8/2/2020 SIGNATURE OF PROPERTY PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: -M i _f CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 8 80-3 110 , 8/2/2020 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Game Room Processes and Activities Processess and Activities: The following staff will be conduction daily tasks throughout the day. Sam — Security Personnel. will open the building and deactivate store alarm. In addition the security role will be to make sure the patrons as well as staff are safe. Security will be on premise 24 hours/ 7 days a week on duty to ensure the property is well guarded and patrolled every hour. Security will maintain a log book noting all observations and incident reports. 8:30 am --',.Cleaning personnel will sanitize and vacuum the store 2 times a day. 9:00 pm — Game room attendant .will count their register and assist customers with change request. Attendant is only required. to give customers change ONLY Attendants throughout -the day will be required to insure all permits and decals are properly inventoried on a daily bases. Compliance folder should be readily available upon the request of code enforcement arrival on premise 1 opm- gaming site is closed and doors are locked and all patrons and staff are to exit the building except Security personnel. 8 CONDITIONS 1. The specific use will be compatible with other properties around the vicinity. The specific usage will not be injurious to the use and enjoyment of other properties, nor will it diminish or impair property values within the immediate vicinity. 2. The establishment of the specific use will not impeded the normal and orderly development and improvement of surrounding vacant properties. 3. The facility is adequate for utilities, access roads, drainage and other necessary supporting facilities. All the proper signage are displayed and will be confirmed upon the inspection from City of Beaumont Fire Marshall, Electrical, and Building Code enforemcent. 4. The design, location and arrangement of all driveways and parking spaces provided are safe and convenient for pedestrians and the general public. The driveway is painted and labeled for proper vehicle movement in and out of the parking lot. 5. Proper trespassing, lottering, and other applicable signs are in place to prevent nuisance for odor, fumes, and noise disturbances. 6. The facility is equipped with high powered LED lighting for maximum light coverage all around the building. The lighting will be directional so that it will not disturb or adversely affect the neighboring properties. 7. Biweekly our facility has landscaping and grasscutting services to insure harmony and compatibility with adjacent properties. Our landscaping vendor is Albert Landscaping services in Beaumont, tx. 8. The proposed use is in accordance with the comprehensive plan and will be validated during the monthly meeting. I CT`•. CIALI DJILOP: C,C,--1drY T`T: - 3 T'--"= • 'L.RCS: N- I I II 51Jr- r, I IA SI r :X:TINS,. DLDG 1.-_9 '.r " •'-" •;: r'"''1 AP- •p`l ,L: _ CODE COMPLIANCE: :.' A_ S' . I ,i_'L, S.. TIIID I_ A C:IL- \. ':C-A- LC-3C _f'AZE AEC. 3.'t?'F... -.,.. e.i NTS N.\ ^R\(If, °YET -IA. �rkj O EXISTING FLOOR PLAN SCALE: 1/4" =1'-O" 5 8 TYPE 'X, ED ON ONE S DE ONLY EXG. 6' MTL STUDS AT 16' O.C. A WALL TYPES I HR. RATED WALL TO BECK. U.L 1465 (DIRECRON MAY VARY) 4k616'xISGA SHEET METAL CUP K `A ANGLES AT EACH BRACE WITH(2) I/2' DEEP PAN HEAD SCREWS INTO DECK. CONT 3 5/8STUD TIE AT 1/3 POINTS OF BRACE WHEN BRACE EXCEEDS 9'-0' 3 5/8' STUD BRACING AT 4'-O.00 (STAGGERED) WHEN HORR WALL SPAN EXCEEDS 6'-B' (SECURE TO STRUCTURE ABOVE) IS GA CUP ANGLE AT EACH BRACE CEILING AS SCHED 5/8' FIRE RATED GYP BO EA S10E (LON) GIL STUD FRAMING -,WALL TO ABOVE CEILING OCCUPANCY SCHEDULE F-2-11, NrA � R \/I F+'- IAFT' FRI V-P P.IIII T� \i, WV AIF-A .'JI'J L SUI' UN N. L-LKIA: 4\J '•_IPL :UL' . \ _I:. WJLL'J C-D I_ ,JCT:D 'AIT 'I:T-L :TJD'. CONSULTANT NAME S..Address— . PR— Fxc— SUB-CONSULTANT Sxxxt Add., --- Ph: — Fox N.. RMdon/In porn t. xc Apap mmtN. xprzs PH 1YPIra ftpOR xaw xm¢ 1475 WASHINGTON AVE BEAUMONT TX 777U1 Pminn m..t 411e/2019 A1.0.0 sneePLALu FLooft AN ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GAMING FACILITY IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1475 WASHINGTON BOULEVARD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Jisan Makanojiya, on behalf of Shining Tycoon, LLC., has applied for a specific use permit to allow a gaming facility in a GC -MD (General Commercial -Multiple Family Dwelling) District at 1475 Washington Boulevard, being Lots 8-10, Block 17, Arlington Addition, Beaumont, Jefferson County, Texas, containing 0.482 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending denial of a specific use permit to allow a gaming facility in a GC -MD (General Commercial -Multiple Family Dwelling) District at 1475 Washington Boulevard; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a gaming facility is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a gaming facility in a GC -MD (General Commercial -Multiple Family) District at 1475 Washington Boulevard, being Lots 8-10, Block 17, Arlington Addition, Beaumont, Jefferson County, Texas, containing 0.482 acres, more or less, as shown on Exhibit "A," attached hereto ,is hereby granted to Shining Tycoon, LLC., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of November, 2020. - Mayor Becky Ames - 419-P PZ2020-140 : Request for a Specific Use Permit to allow a Gaming facility in a GC -MD (General Commercial — Multiple Family Dwelling) District. Applicant: Jisan Makanojiya Location: 1475 Washington Boulevard 0 100 200 1 t 1 1 Feet RM H s f i„ t r _ v ' 1 sa Z I ` 1G ., GCN ttACY 6 CJ'd ",e '�•": „tal~_ 1 } 3:;,i- 'fit �; V;� 2Ct v 51 37 472 i ear Atr #.;+ T.•,. v { �� s ��i 5 wi p z.T � .��t 'M'f � •¢�,; �` a5 Y4't� .s.+� s+�zF.' Y�L�'�. �, �- tea' _M `- � �•'� •� � r s'i` k...�., y � t Al °''' f �.• f r •w3 s 39S e. F ; �. ., , }r. i t r � - ` . R,-r .. 411 NC { + it EXHIBIT "A" INDEX OF DRAWING - - - - A0.1.1 COVER /SITE PLAN A1.0.0 EXISTING FLOOR PLAN�"��f`_�_=� E1.0.1 EXISTING ELECTRICAL PLAN in ►+ � PROJECT LOCATION W �5��1 `�� a — ,• �•Y. li J . �- BOUNDARY t ' t YI fi .1{ j" :7 Try `a x AND NEW W l ; R FENCING ' EXISTING C1 *;14 it STRUCTURE �DOUNDARY i AND NEW • • • - __ FENCING j ' i '' GAME ROOM �' .�BOUNDARY 1475 WASHINGTON AVE 1475 WASHINGTON AVE 1 ; ; _! ;�•—'� AND NEW FENCING BEAUMONT TX 77701 sEauMONT rx 777ot .� EXISTING SITE PLAN �°�'�°Z° COVER"� °` ML SCALE: 1f10•�1'-0' CONSULTANT NAME saal:sr- rrc— F¢- SUB-CONSULTANT s�laaa�..— rn— F�:— IL Nn41m/Ww Oeb 5 November 24, 2020 Consider a request for the closure of a segment of Main and Pearl Streets TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: November 24, 2020 REQUESTED ACTION: Council consider a request for the closure of a segment _ of Main and Pearl Streets. BACKGROUND The Beaumont Police Department has.requested the closure of a portion of the -right -of -Way on . Main and Pearl Streets. These two (2) streets flank the downtown police station. The .Police Department is requesting this closure in order to provide more parking for the department. . At a Joint Public Hearing held on November 16, 2020, the Planning Commission recommended 6:0 to -approve the request for the closure of a segment of Main and Pearl Streets. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. APPLICATION FOR RIGHT-OF-WAY OR UTILITY EASEMENT ABANDONMENT CITY OF BEAUMONT, TEXAS THIS IS AN APPLICATION TO ABANDON A: RIGHT-OF-WAY (ROW), UTILITY EASEMENT (UE) OR RIGHT-OF-WAY BUT RETAIN UTILITY EASEMENT NAME OF APPLICANT: CITY OF BEAUMONT — POLICE DEPARTMENT PHONE: (409) 880-3804 EMAIL: Tim.Ocnaschek(a�Beaumonttexas.gov AUTHORITY OF APPLICANT: CITY OF BEAUMONT NAME OF OWNER: CITY OF BEAUMONT ADDRESS: 801 MAIN STREET, BEAUMONT TX 77701 PHONE: (409) 880-3804 ALL OWNERS ABUTTING THE ROW OR UE MUST SIGN WRITTEN REQUEST. (PLEASE ATTACH PROPERTY OWNER'S LIST TO THE APPLICATION) DESCRIPTION OF ROW OR UE TO BE ABANDONED: ABANDON 300' of Main Street from College to Railroad Tracks and Pearl Street from College Street to Railroad Tracks PRESENT USE OF ROW OR UE (LIST UTILITIES IF PRESENT) Public Road/Street ATTACH A LETTER STATING THE REASONS FOR THE ABANDONMENT. LEGAL DESCRIPTION OF PROPERTY: LOT NO. SEE EXHIBITS 1 AND 2 OR BLOCK NO. ADDITION TRACT PLAT 1CYi�`� ATTACH A MAP OR PLAT DELINEATING THE PUBLIC ROW OR UE TO BE ABANDONED AND THE LEGAL DESCRIPTION OF ADJACENT PROPERTY (DRvIENSIONED AND TO ENGINEERING SCALE). ATTACH THE $300.00 APPLICATION FEE, THE ACTUAL COST OF NECESSARY APPRAISALS AND TITLE COMMITMENTS. IF PROPERTY IS ABANDONED, APPRAISED VALUE OF THE FEE INTEREST IN THE PROPERTY SHALL BE CHARGED. TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND CORRECT. SIGNATURE OF APPLICANT: DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM 205 FILE NUMBER:_ DATE RECEIVED 'qdl • Dv-;, 'PZ Z02A - t t�-O CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409) 880-3764 FAX (409) 880-3133 APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date: 10.28.20 We, the undersigned, being the sole owners of all the property abutting the proposed abandonment of Main Street from College Street to Railroad Tracks and Pearl Street from College Street to Railroad Tracks, hereby respectfully petition that the right-of-way, alley, or utility easement be closed and abandoned. OWNER and ADDRESS Lot Block Addition (tract) (tax plat) (survey) City of Beaumont (801 Main) — All of Block 5 Jefferson County (1001 Pearl) — All of Block 10 City of Beaumont Police (355 Main) — All of Block 11 Carl Waldman (Parcel #5476) NOTE: Please print or type your name and then use signature. Separate sheets may be used. BEAUMONT TEXAS Police Department MEMORANDUM TO: Planning & Zoning FROM: Tim Ocnaschek - Beaumont Police DATE: October 28, 2020 RE: Application for Right -of -Way Abandonment The Beaumont Police Department would like to abandon Main Street from College Street to Railroad Tracks and Pearl Street from College Street to Railroad Tracks to use street right of way for additional parking for the police department. Thank you for your cooperation. -.0, X,�e� Tim n ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING AN APPROXIMATE 70' X 300' AND 60' X 300' RIGHT-OF-WAY LOCATED AT MAIN AND PEARL STREET, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City of Beaumont Police Department has requested the abandonment of an approximate 70' x 300' and 60' x 300' right-of-way located at Main and Pearl Streets, being 70' x 300' and 60' x 300' segments of Main and Pearl Street rights -of- way extending from the north right-of-way line of the KCS Railroad to the south right-of-way line of College Street, City of Beaumont, Jefferson County, Texas, containing 0.9404 acres, more or less; and, more or less as shown on Exhibit "A," attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the rights -of -way are no longer necessary for municipal street purposes and the abandonment of said rights -of -way, with the retention of a utility easement, is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT an approximate 70' x 300' and 60' x 300' right-of-way located at Main and Pearl Streets, being 70' x 300' and 60' x 300' segments of Main and Pearl Street rights- of- way extending from the north right-of-way line of the KCS Railroad to the south right- of-way line of College Street, City of Beaumont, Jefferson County, Texas, containing 0.9404 acres, more or less; and, more or less as shown on Exhibit "A," attached hereto, be and the same are hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of November, 2020. - Mayor Becky Ames - No Text BEAUMONT EXHIBIT 1 POLICE DEPARTMENT BEAUMONT TEXAS EXHIBIT POLICE DEPARTMENT T November 24, 2020 Consider amending Section 20.03.004 of the Code of Ordinances related to School Zones BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPAREDBY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: November 24, 2020 REQUESTED ACTION: Council consider amending Section 20.03.004'of the Code of Ordinances related to School Zones. BACKGROUND Staff received a request to change the school zone times from the Beaumont Independent School District (BISD). Due to Covid-19,' BISD school times have been modified from last year to accommodate on campus and virtual learning. All existing school zone times were checked with the schools for accuracy and corrected if necessary. Times are set. so that the zones are active 45 minutes prior to .the first activity of the day and extend 30 minutes past the first bell. In the afternoon, the zones are active 30 minutes prior, to the closing bell and for 45 minutes after the closing bell. FUNDING SOURCE None. RECOMMENDATION Approval of the resolution. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20.03.004 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS BY RESTRUCTURING THE SCHOOL ZONES SPEED LIMIT LIST; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 20, Section 20.03.004 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended by restructuring the school zones list to read as follows: Sec. 20.03.004 Speed limits decreased in school zones It is hereby determined, upon the basis of an engineering and traffic investigation, that the speed permitted by state law upon those streets, or portions of streets, described in the following schedule is greater than is reasonable or safe under the conditions found to exist upon such streets and it is hereby declared that the prima facie speed limit upon those streets or portions thereof described in the following schedule shall be decreased as therein stated and the limits so declared shall be effective at the times specified therein when signs are erected giving notice thereof. In accordance with this section, and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour for each school zone between the hours below, Monday through Friday on school days: School Street Direction of Description Schedule Travel From a point 30 feet east of the centerline of Briarcliff 6:45 am - 8:00 am & All Saints Episcopal School Delaware Street E & W Drive to a point 280 feet east of the centerline of West 3:00 pm - 3:45 pm Lucas Drive. NO CHANGE From a point 100 feet south of the centerline of Diane 6:45 am - 8:00 am & All Saints Episcopal School French Road N & S Drive to a point 150 south of the centerline of 3:00 pm - 3:45 pm Blackmon Lane. NO CHANGE From a point 50 feet north of the centerline of 7:00 am - 9:00 am & Amelia Elementary Major Drive N & S Braeburn Lane to a point 100 feet north of the 3:10 pm - 4:35 pm centerline of Morgan Lane From a point 100 feet north of the centerline of 6:30 am - 7:35 am & Beaumont United High School Fourth Street N & S Southerland Street to a point 90 feet south of the 2:25 pm - 3:10 pm centerline of Glenwood Avenue annett Road From a point 650 feet west of the centerline of 6:30 am - 7:35 am & Beaumont United High School (S.H. 124) N & S Westmoreland Street to a point 250 feet east of the 2:25 pm - 3:10 pm centerline of Fifth Street From a point 65 feet west of the centerline of Kenneth 7:15 am - 9:00 am & Bingham Head Start Pre-K Florida Avenue E & W Street to a point 375 feet east of the centerline of 2:15 pm - 3:00 pm Highland Avenue. Highland From a point 375 feet north of the centerline of Florida 7:15 am - 9:00 am & Bingham Head Start Pre-K N & S venue to a point 375 feet south of the centerline of 2:15 pm - 3:00 pm Avenue Florida Avenue. South Kenneth From a point 35 feet south of the centerline of Florida 7:15 am - 9:00 am & Bingham Head Start Pre-K Street N & S Avenue to a point 50 feet north of the centerline of 2:15 pm - 3:00 pm Winfree Street. From a point 25 feet west of the centerline of Usan 7:00 am - 9:00 am & Blanchette Elementary Lela Street E & W Street to a point 150 feet west of the centerline of 3:10 pm - 4:35 pm Goliad Street. Blanchette Elementary & From a point 180 feet north of the centerline of Lela 7:00 am - 9:00 am & Odom Academy Goliad Street N & S Street to a point 180 feet south of the centerline of 3:10 pm - 4:35 pm Sarah Street. Blanchette Elementary & From a point 250 feet east of the centerline of Usan 7:00 am - 9:00 am & Odom Academy Sarah Street E & W Street to a point 250 feet west of the centerline 3:10 pm - 4:35 pm Goliad Street. Blanchette Elementary & From the centerline of West Virginia Street to a point 7:00 am - 9:00 am & Odom Academy Usan Street N & S 50 feet north of the centerline of Lela Street. 3:10 pm - 4:35 pm From a point 1,400 feet east of the centerline of Eastex 7:00 am - 8:15 am & Bob Hope School Park North E & W Freeway Feeder Road to a point 160 feet south of the 3:45 pm - 4:30 pm Drive centerline of Sunbird Lane NO CHANGE From the centerline of North Caldwood Drive to a 7:00 am - 8:20 am & Caldwood Elementary Berkshire Lane N & S point 65 feet north of the centerline of Stratton Lane. 3:10 pm - 4:15 pm N. Caldwood From a point 300 feet east of the centerline of East 7:00 am - 8:20 am & Caldwood Elementary E & W Caldwood Drive to the centerline of Berkshire Lane. 3:10 pm - 4:15 pm rive From a point 40 feet north of the centerline of Cuniff 7:00 am - 8:20 am & Charlton -Pollard Elementary Brooklyn Street N & S Avenue to a point 225 feet north of the centerline of 3:10 pm - 4:20 pm Lincoln Street. From the centerline of Irving Street to the centerline of 7:00 am - 8:20 am & Charlton -Pollard Elementary Cuniff Avenue E & W Brooklyn Street. 3:10 pm - 4:20 pm From a point 50 feet north of the centerline of Cuniff 7:00 am - 8:20 am & Charlton -Pollard Elementary Irving Street N & S Avenue to a point 50 feet north of the centerline of 3:10 pm - 4:20 pm Schwarner Street. From a point 45 feet west of the centerline of Brooklyn 7:00 am - 8:20 am & Charlton -Pollard Elementary Jackson Street E & W Street to the centerline of Irving Street. 3:10 pm - 4:20 pm Champions From a point 95 feet north of the centerline of Walden 7:00 am - 8:20 am & Dishman Elementary E & W Road to a point 220 feet north of the centerline of 3:10 pm - 3:55 pm rive Laurelwood Street. From a point 500 feet west of the centerline of 7:00 am - 8:20 am & Dishman Elementary Walden Road E & W Champions Drive to a point 500 feet east of the 3:10 pm - 3:55 pm centerline of Champions Drive Dr. Mae E. Jones -Clark From a point 65 feet west of the centerline of 7:00 am - 8:20 am & Elementary Arthur Street E & W Overbrook Lane to the centerline of Cleveland Street. 3:10 pm - 3:55 pm Dr. Mae E. Jones -Clark From a point 225 feet south of the centerline of Ives 7:00 am - 8:20 am & Elementary Cleveland Street E & W Street to a point 225 feet north of the centerline of 3:10 pm - 3:55 pm Arthur Street. Dr. Mae E. Jones -Clark From a point 220 feet west of the centerline of 7:00 am - 8:20 am & Elementary Taft Street E & W Cleveland Street to the centerline of Cleveland Street. 3:10 pm - 3:55 pm Dr. Martin Luther King, Jr. From a point 250 feet north of the centerline of 7:30 am - 9:00 am & Middle School Avenue A N & S Blanchette Street to a point 250 feet north of 3:50 pm - 4:35 pm the centerline of Craig Street Dr. Martin Luther King, Jr. From a point 250 feet north of the centerline of 7:30 am - 9:00 am & Middle School Avenue C N & S Blanchette Street to a point 250 feet north of 3:50 pm - 4:35 pm the centerline of Craig Street Dr. Martin Luther King, Jr. From a point 45 feet west of the centerline of Avenue A 7:30 am - 9:00 am & Middle School Blanchette E & W to a point 45 feet east of the centerline of Avenue C. 3:50 pm - 4:35 pm Street Dr. Martin Luther King, Jr. From a point 45 feet west of the centerline of Avenue A 7:30 am - 9:00 am & Middle School Craig E & W to a point 45 feet east of the centerline of Avenue C. 3:50 pm - 4:35 pm From a point 170 feet west of the centerline of Driskill 6:30 am - 7:35 am & Early College High School Austin Street N & S Street to a point 30 feet west of the centerline of Easte 2:25 pm - 3:10 pm Freeway west service road From a point 450 feet east of the centerline of 8th 7:00 am - 8:15 am & Ehrhart School Fannin Street E & W Street to a point 570 feet west of the centerline of 3:00 pm - 3:45 pm 8th Street. NO CHANGE From a point 35 feet east of the centerline of 6th 7:00 am - 8:20 am & Fehl-Price Elementary Blanchette E & W Street to a point 50 feet west of the centerline of 3:10 pm - 3:55 pm Street Condon Street. From a point 425 feet east of the centerline of 7:00 am - 8:20 am & Fehl-Price Elementary Corley Street E & W Eight Street to a point 330 west of the centerline of 3:10 pm - 3:55 pm Eight Street. From a point 200 feet north of the centerline of Gilbert 7:00 am - 8:20 am & Fletcher Elementary Avenue E N & S Street to the centerline of Gilbert Street. 3:10 pm : 3:55 pm From a point 40 feet north of the centerline of Gilbert 7:00 am - 8:20 am & Fletcher Elementary Avenue F N & S Street to a point 40 feet north of the centerline of 3:10 pm - 3:55 pm Franklin Street. From a point 40 feet east of the centerline of Avenue E to 7:00 am - 8:20 am & Fletcher Elementary College Street E & W a point 295 feet west of the centerline of Avenue F. 3:10 pm - 3:55 pm From a point 40 feet west of the centerline of Avenue E 7:00 am - 8:20 am & Fletcher Elementary Franklin Street E & W to a point 275 feet west of the centerline of Avenue F. 3:10 pm - 3:55 pm From a point 35 feet east of the centerline of Avenue F to 7:00 am - 8:20 am & Fletcher Elementary Gilbert Street E & W a point 50 feet west of the centerline of Avenue E. 3:10 pm - 3:55 pm From a point 65 feet east of the centerline of Avenue E to 7:00 am - 8:20 am & Fletcher Elementary Milam Street E & W a point 40 feet east of the centerline of Avenue F. 3:10 pm - 3:55 pm From a point 200 feet east of the centerline of Twenty- 6:45 am - 7:45 am & Harmony Science Academy Calder Avenue E & W Fourth Street to a point 445 feet west of the centerline of 2:50 pm - 3:35 pm Twenty -Fourth Street. NO CHANGE From a point 40 feet east of the centerline of House 7:00 am - 8:20 am & Homer Drive Elementary Homer Drive N & S Road to the Beaumont Independent School District 3:10 pm - 3:55 pm boundary of Homer Elementary From a point 40 feet east of the centerline of Lawrence 7:00 am - 8:20 am & Homer Drive Elementary White Oak Lane E & W Drive to the Beaumont Independent School District 3:10 pm - 3:55 pm Boundary of Homer Elementary School From a point 220 feet north of the centerline of 7:00 am - 9:00 am & John P. Odom Academy Fourth Street N & S West Virginia Street to a point 180 feet south of the 3:10 pm - 4:35 pm centerline of West Virginia Street W. Virginia From a point 180 feet west of the centerline of Goliad 7:00 am - 9:00 am & John P. Odom Academy Street E & W Street to a point 295 feet west of the centerline of Beale 3:10 pm - 4:35 pm Street. From a point 280 feet east of the centerline of 7:20 am - 8:30 am & Legacy Christian Academy SH 105 E & W Deerfield Drive to a point 785 feet west of the 2:30 pm - 3:40 pm centerline of Windswept Drive NO CHANGE From a point 420 feet east of the centerline of Windsor 7:00 am - 8:45 am & Lucas Pre-K Center E. Lucas Drive E & W Street to a point 325 feet west of the centerline of 2:00 pm - 4:15 pm Windsor Street. Magnolia From a point 400 feet south of the centerline of 7:00 am - 8:45 am & Lucas Pre-K Center N & S Trinidad Street to a point 50 feet south of the 2:00 pm - 4:15 pm venue centerline of East Lucas Drive From a point 165 feet north of the centerline of Gladys to 7:30 am - 9:00 am & Marshall Middle School Dowlen Road N & S a point 300 feet south of the centerline of Westgate. 3:50 pm - 4:35 pm From the centerline of Dowlen Road to a point 7:30 am - 9:00 am & Marshall Middle School Gladys Avenue E & W 175 feet east of Wood Park Street. 3:50 pm - 4:35 pm From a point 100 feet west of the centerline of Ivy 7:30 am - 9:00 am & Marshall Middle School Westgate Drive E & W Lane to a point 295 feet west of the centerline of 3:50 pm - 4:35 pm Dowlen Road. Magnolia From a point 80 north of the centerline of Delaware 7:00 am - 8:20 am & Martin Elementary N & S Street to a point 50 south of the centerline of Prince 3:10 pm - 3:55 pm venue Street. From a point 65 feet east of the centerline of Pine 7:00 am - 8:20 am & Martin Elementary Martin Street E & W Street to a point 50 feet west of the centerline of 3:10 pm - 3:55 pm Taliaferro Drive. From a point 50 feet south of the centerline of Pollard 7:00 am - 8:20 am & Martin Elementary Pine Street N & S Street to a point 30 feet south of the centerline of Hill 3:10 pm - 3:55 pm Street. From a point 35 feet east of the centerline of Victoria 6:30 am - 7:35 am & Pathways Learning Center Lyle Street E & W Street to a point 40 feet east of the centerline of Avenue 2:05 pm - 2:50 pm A. From a point 250 feet south of the centerline of Emma 6:30 am - 7:35 am & Pathways Learning Center Orange Street N & S Street to a point 180 feet north of the centerline of 2:05 pm - 2:50 pm Bolivar Street. From a point 35 feet south of the centerline of Lyle 6:30 am - 7:35 am & Pathways Learning Center Victoria Street N & S Street to a point 220 feet north of the centerline of 2:05 pm - 2:50 pm Bolivar Lane. Paul A. Brown Credit From the centerline of South Street to the centerline of 6:50 am - 7:55 am & Recovery Center Jaguar Street N & S Smart Street. 2:55 pm - 3:40 pm Paul A. Brown Credit From a point 250 feet west of the centerline of Oxford 6:50 am - 7:55 am & Recovery Center South Street E & W Street to a point 300 feet east of the centerline of Jaguar 2:55 pm - 3:40 pm Street. Pietzsch-MacArthur From a point 50 feet west of the centerline of Sullivan 7:00 am - 9:00 am & Elementary Lavaca Street E & W Street to a point 50 feet east of the centerline of Lakner 3:10 pm - 4:35 pm Street. Pietzsch-MacArthur From the centerline of Grandberry Street to a point 30 7:00 am - 9:00 am & Elementary Woodrow Street E & W feet west of the centerline of Maddox Street. 3:10 pm - 4:35 pm Pietzsch-MacArthur Highland From a point 150 feet south of the centerline of Nolan 7:00 am - 9:00 am & Elementary & South Park N & S Street to a point 50 feet south of the centerline of 3:10 pm - 4:35 pm Middle School venue Clark Street. From a point 50 feet north of the centerline of Derby 7:00 am - 8:20 am & Regina -Howell Elementary Howell Street N & S Street to a point 125 feet south of the centerline of 3:10 pm - 3:55 pm Regina Lane. From a point 275 feet east of the centerline of Howell 7:00 am - 8:20 am & Regina -Howell Elementary Regina Lane E & W Street to a point 650 feet west of the centerline of 3:10 pm - 3:55 pm Howell Street. From the centerline of Old Voth Road to a point 1,005 7:00 am - 8:20 am & Roy Guess Elementary Griffing Road E & W feet west of Old Voth Road. 3:10 pm - 3:55 pm From a point 150 feet north of the centerline of 7:00 am - 8:20 am & Roy Guess Elementary Old Voth Road N & S Lawrence Drive to a point 100 feet south of the 3:10 pm - 3:55 pm centerline of Griffing Road From the centerline of Peyton Drive to a point 225 feet 7:00 am - 8:20 am & Sallie Curtis Elementary N. Circuit Drive E & W east of the centerline of Belvedere Parkway. 3:10 pm - 3:55 pm From a point 50 feet south of the centerline of Wynde 7:00 am - 8:20 am & Sallie Curtis Elementary Peyton Drive N & S Way to the centerline of North Circuit Drive. 3:10 pm - 3:55 pm From a point 615 feet west of the centerline of Peyton 7:00 am - 8:20 am & Sallie Curtis Elementary Westgate Drive E & W Drive to the intersection of Westgate Drive and Peyton 3:10 pm - 3:55 pm Drive. From the centerline of Highland Avenue to a point 225 7:00 am - 9:00 am & South Park Middle School E. Virginia Street E & W feet west of the centerline of Hartel Street. 3:10 pm - 4:35 pm From a point 50 feet west of the centerline of Eleventh 6:30 am - 8:00 am & St. Anne Catholic School Liberty Avenue W Street to a point 50 feet west of the centerline of 2:50 pm - 3:40 pm Thirteenth Street. NO CHANGE St. Anthony Cathedral From a point 115 feet east of the centerline of Jefferson 6:45 am - 8:05 am & Basilica School Forsythe Street E & W Street to a point 170 feet west of the centerline of Archie 2:45 pm - 3:30 pm Street. NO CHANGE From a point 80 feet east of the centerline of Major 7:00 am - 9:00 am & Vincent Middle School Drennan Road E & W Drive to the centerline of Trojan Drive. 3:10 pm - 4:35 pm From a point 45 feet south of the centerline of McLean 7:00 am - 9:00 am & Vincent Middle School Eldridge Drive N & S Street to a point 70 feet north of the centerline of Coburn 3:10 pm - 4:35 pm Drive. From a point 225 feet west of the centerline of Trojan 7:00 am - 9:00 am & Vincent Middle School McLean Street E & W Drive to a point 35 feet east of the centerline of 3:10 pm - 4:35 pm Eldridge Drive. From the centerline of McLean Street to the centerline of 7:00 am - 9:00 am & Vincent Middle School Trojan Drive N & S Drennan Road. 3:10 pm - 4:35 pm Phelan From a point 1,150 feet west of the centerline of Majo 6:30 am - 7:35 am & Westbrook High School Boulevard E & W Drive (FM 364) to a point 2,830 feet west of Smart 2:25 pm - 3:10 pm Street. Willie Ray Smith Middle From a point 55 feet south of the centerline of Concord 7:30 am - 9:00 am & School Carlisle Drive N & S Road to a point 40 feet north of French Road. 3:50 pm - 4:35 pm Willie Ray Smith Middle From a point 400 feet north of the centerline of 7:30 am - 9:00 am & School Concord Road N & S Carlisle Drive to a point 225 feet south of the 3:50 pm - 4:35 pm centerline of Pinkston Street Section 2. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of November, 2020. - Mayor Becky Ames - November 24, 2020 Consider a resolution authorizing the City Manager to apply for funding from the Texas Department of Transportation (Highway Safety Improvements Program) and execute an agreement with TxDOT if approved :BE VONT TEXAS TO: City Council FROM: Kyle -Hayes, City Manager :PREPARED BY: Bart Bartkowiak, Director of Public Works &. Technology Services MEETING DATE: November 24, 2020 REQUESTED ACTION:. Council consider a resolution authorizing the City Manager. to apply for funding from the Texas Department of Transportation (Highway Safety Improvements Program) and execute an agreement with TxDOT if approved. BACKGROUND The Texas Department of Transportation issued a call for projects in September 2020 for. communities to apply for off -system project funding assistance through the°Highway°Safety Improvements Program. The intended purpose of the program is to improve the safety of accident :prone areas. City, staff submitted the, proposed projects below due to a deadline of October lst. According to locat TxDOT. representatives, the City of Beaumont was the only entity to submit.any projects: in the .. Beaumont District and asked if we had.additional :projects that could be considered and gave a week extension to submit: We added additional proposed locations to install Adaptive Traffic Signals. The total of all submitted.projects is, $1,890;581.00. The program requires, a local match of ten percent, which will total $189,058.10 over the course of three years. The City, through this resolution, is indicating its willingness to. enter into an Advanced Funding - Agreement with7xDOT,. and will commit toahe project's development, implementation, construction, maintenance, management, and financing of all non -reimbursable costs, and 100% of overruns should they occur.. The tables below indicate the projects that have been submitted to TxDOT for consideration with the expected fiscal year of implementation: Adaptive Tr'affic"Signal Program ` Location `Estimate - Anticipated Let Date City s Contribution DoWen Road $430,500.00 FY 2022 $43;050.00 Fourth Street .$676,500.00 FY 2023 $67,650.00 Phelan Blvd. Highland Avenue Gladys Avenue _ Calder Avenue $676,500.00 FY 2024 $67,650.00 Lucas Drive .Washington Blvd. Improved Signage1Along Dangerous Curves Location `Estimate Anticipated Let Date ' City's Contribution Landis Drive $107,081.00 FY 2024 $10,708.10 McLean Street Delaware Street Washington Blvd. FUNDING SOURCE Capital Program = Streets and Drainage Improvements Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. A RESOLUTION SUPPORTING CITY OF BEAUMONT'S APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION'S 2020 HIGHWAY SAFETY IMPROVEMENTS PROGRAM CALL FOR PROJECTS. WHEREAS, the Texas Department of Transportation (TxDOT) issued a call for projects in September 2020 for communities to apply for off -system project funding assistance through the Highway Safety Improvements Program (HSIP) and, WHEREAS, the HSIP funds may be used to improve the safety of accident prone areas. The HSIP funds require a 10% local match. As the Project Sponsor, the Local Government would be responsible for all non -reimbursable costs and 100% of overruns, if any, for HSIP funds; 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 supports funding the projects, as shown in Exhibit "A," attached hereto and made a part hereof for all purposes, and described in the Local Government's 2020 HSIP Detailed Application (including the construction budget, TxDOT's administrative cost, and the required local match, if any), and is willing to commit to the project's development, implementation, construction, maintenance, management, and financing. The City of Beaumont is willing and able to authorize, by resolution or ordinance, the Local Government to enter into an agreement with TxDOT should the projects be selected for funding. 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 24th day of November, 2020. - Mayor Becky Ames - daptive Traffic Signal Program Location: Estimate .. Ant�c�pati;d Let Date City's.Conti'ibufion: ; Dowlen Road $430,500.00 FY 2022 $43,050.00 Fourth Street $676,500.00 FY 2023 $67,650.00 Phelan Blvd. Highland Avenue Gladys Avenue Calder Avenue $676,500.00 FY 2024 $67,650.00 Lucas Drive Washington Blvd. Improved Signage Along Dangerous Curves Location , Estimate Antics .ated Let Date p: Gi 's Contribution ; tY ..n Landis Drive $107,081.00 FY 2024 $10,708.10 McLean Street Delaware Street Washington Blvd. Exhibit "A" November 24, 2020 Consider a resolution authorizing the City Manager to execute an agreement with CDM Smith, Inc., to continue management of the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont for Fiscal Year 2021 TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology. Services MEETING DATE: November 24, 2020 „ REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with CDM Smith, Inc., to continue management of the Municipal Separate Storm Sewer System . (MS4) Permit for the City of Beaumont for Fiscal Year 2021. BACKGROUND On October 16, 2012, by Resolution No. 12-249, the City Council awarded a contract to CDM Smith, Inc., of Houston to manage the MS4 Permit. The manager of the permit conducts dry and wet weather screenings of our five major outfalls in the City. Under the permit, the City is required to submit an. annual report summarizing the activities and results. of the screenings and other inspections conducted throughout the year. This -year's services include implementation, of the new stormwater management plan that details how the City (and DD6) will comply with the new MS4 permit. If approved, the total services and expenses shall not exceed $250,000.00 without the City's prior written authorization. FUNDING SOURCE General Fund - Public Works Department. RECOMMENDATION Approval 'of the resolution. RESOLUTION NO. 12-249 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of an Engineering.Services Agreement to CDM Smith, Inc., of Houston, Texas, in an amount not to exceed $240,000 to manage- the Municipal Separate Storm Sewer System (MS4) Permit. The agreement is Substantially in the form attached hereto as- Exhibit `.`A" and made a part hereof for all purposes; PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2012. i - Mayor Becky Ames - Smith 75 State Street, Suite 701 Boston, Massachusetts 02109 tel:.617 452-6000 11/03/2020 Ms. Amalia Villarreal, P.E. City Engineer City of Beaumont 801 Main, Suite 210 Beaumont, Texas 77704 Subject: Municipal Separate Storm Sewer System (MS4) Contract FY 2021 Dear Ms..Villarreal: CDM Smith is pleased to submit the attached proposed contract to assist the City of Beaumont implement. their MS4 program. The attached contract and proposed scope and fee include the following breakdown of activities. as Hours Fee Project Management 100 $ 19,035 Project Planning and Coordination Meetings 125 . $ 25,125 Monitoring (includes $60,000 for Chica for field work assistance and $10,000 for Envirodyne for lab services) 710 $ 97,930 MSGP Annual Comp Inspections 20 $ 31100 MSGP Renewal 20 $ 3,100 Annual Report 190 $ 30,585 Storrriwater Management Program Implementation 215 $ 351975 Inspection Services 80 $ 12 900 New SWMP Development 140 $ 22;250 Total 1600 $ 250,000 e look forward to the opportunity to continue working with the City on this important project. Should you have any questions on the proposed contract, please feel free to contact me at anytime. Sincerely, Kim Chanslor, PE, PMP Project Manager CDM Smith Inc. TBPE Firm No. F-3042 WATER +ENVIRONMENT +TRANSPORTATION :+ ENERGY + FACILITIES 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 Engineering Services Agreement with CDM Smith, Inc., of Houston, Texas, in an amount not to exceed $250,000 to manage the Municipal Separate Storm Sewer System (MS4) Permit. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of November, 2020. - Mayor Becky Ames - BEAUMONT TEXAS ENGINEERING SERVICES AGREEMENT STATE OF TEXAS COUNTY OF JEFFERSON § CITY OF BEAUMONT AGREEMENT FOR Engineering and Related Services for Municipal Separate Storm Sewer .System Permit SECTION 1 This Agreement made and entered into in Beaumont, Jefferson County, Texas between the City of Beaumont, a Municipal Corporation in the State of Texas, hereinafter termed "City" and CDM Smith, duly licensed, and practicing under the laws of the State of Texas, hereinafter termed "Engineer", said Agreement being executed by the City pursuant to the City Charter and Ordinances and Resolutions of the City Council, and by said Engineer for the Engineering Services hereinafter set forth in connection with the above designated Project for the City of Beaumont. I. General A. Detailed Project Description The Engineer will manage the Municipal Separate Storm Sewer System (1VIS4) Permit for the City of Beaumont. The Engineer will conduct all representative monitoring, calibrate flow meters, conduct required dry and wet weather screenings, and Industrial monitoring. The Engineer will prepare and submit an Annual Report to the TCEQ and EPA and represent the City in the Storm Management Program (SWMP) plan update process. The Engineer will conduct employee training at City departments and provide SWMP implementation activities for Best Management Practices (BMPs). The Engineer will assist the City on Industrial facility inspections and construction site audits when needed. The Engineer shall perform SWMP implementation activities for BMPs and review implementation priorities as requested by the City. Engineer will perform other duties as required by the MS4 Permit. B. Time of performance for this contract coincides with Fiscal Year 2021 (October 1, 2020 through September 30, 2021). The Engineer shall not commence work on this proposed Project until he has been notified in writing to proceed. FY 2021 MS4 Permit Support Services City Engineer EXHIBIT "A" BEAUM©NT TEXAS The Engineer, in consideration for the compensation herein provided, shall render all professional services, including any associated subconsultants, necessary for the development of the Project to completion, as provided in this Agreement. H. Basic Services A. Meet with the City to determine SWMP implementation priorities and the schedule for project. B. Conduct all required monitoring. 1. Representative monitoring. a. Preparation for sampling events, including procurement and maintenance of sampling equipment as required by the City. b. Collect composite samples during three seasonal events at five locations. c. Submit samples to appropriate laboratory including sample preservation, chain of custody, and sample volume calculations based on flow estimates developed using DD6 stage measurements. d. Analyze laboratory data and compile DMR forms for data submission to the TCEQ/EPA via the MS4 Annual Report. e. Inform the City of any problems with associated collections and methods to resolve problems. f. Representative monitoring will be conducted quarterly at the five locations as required by the permit. 2. Dry weather screening. a. Meet with City to define priorities for outfall locations for screening. It is estimated that 120 dry weather screenings will be conducted as part of the dry weather monitoring task. b. Onsite test kit analysis of dry weather flows as per project standard operating procedures. c. Reporting of illicit discharges and tracking elimination efforts as per project standard operating procedures. d. Review and confirm previously identified outfalls. e. Development of drainage area delineations for outfalls as requested by the City. f. Inform the City of any problems with associated screenings or discharges and methods to resolve problems. 3. Wet weather screening. a. Identification of and field investigation of wet weather screening locations b. Field sample collections and test kit analysis. c. Reporting of illicit discharges and tracking elimination efforts. d. Inform the City of any problems with associated screenings or discharges and methods to resolve problems. FY2021MS4Permit Support Services 2 City Engineer BEAUMONT TEXAS e. It is estimated the Engineer will conduct 20 wet weather screenings throughout the permit year. 4. Landfill Multi -Sector General Permit (MSGP) monitoring (conducted during wet weather screenings as required by MSGP. a. Laboratory sample collection and preservation. b. Laboratory submission and chain of custody documentation. c. Inform the City of results and any problems with associated industrial screenings or discharges. d. During one of the three representative monitoring sampling activities Engineer will perform landfill sample collection. e. Assist in investigation of any problems with associated industrial screenings or discharges to the requirements of the MSGP. 5. Maintain database and GIS map for tracking major outfalls inventory. a. Update database with results from this permit year outfall inventory (100 outfalls) b. Engineer will identify any duplicates related to the estimated 100 outfalls inventoried during the permit year and update the database accordingly. c. Engineer will provide updated database and status report to the City on a quarterly basis. C. MSGP Annual Comprehensive Inspections 1. Perform annual comprehensive inspections for the following City facilities: a. Beaumont Municipal Landfill. b. Beaumont Municipal Wastewater Treatment Plant. c. Beaumont Municipal Airport. d. Beaumont Municipal Transit. D. MSGP Renewal for Municipal Sites 1. Review of new MSGP permit set to be effective August 14, 2021 for any changes or new regulations from previous permit. 2. File Notice of Intents (NOIs) for Municipal owned sites (Municipal Landfill, Municipal Transit, Municipal Airport, and the Municipal Wastewater Treatment Plant). 3. Coordinate with the City to pay appropriate fees for filing under the new MSGP. Engineer will coordinate with the City so that City can make the payment. 4. Site review and updates to Stormwater Pollution Prevention Plans (SWPPPs) for all 4 sites based on new MSGP requirements. 5. Update Site maps. 6. Certification of No non-stormwater discharges and review of site outfalls. E. Development and submission of Annual Report. 1. Conduct DD6 and City of Beaumont departmental meetings and quarterly data requests FY2021 MS4 Permit Support Services 3 City Engineer BEAUMONT TEXAS to assess compliance as required. 2. Gather required data for the annual report using tracking spreadsheets and submit methods of improvement as needed. 3. Provide Draft of annual report to City staff by January 15, 2021. 4. Submit MS4 Annual Report to TCEQ by February 1, 2021. F. Storm Water Management Program Implementation. 1. Provide materials for department MS4 training. 2. Conduct employee training for city departments. It is expected that training will be conducted in conjunction with the SWMP requirements workshops as described in Section H. 3. Maintain quarterly tracking spreadsheets for annual reporting. 4. Assist the City in development of new SWMP programs, procedures and educational materials as required by the new permit and TCEQ approved SWMP within the contract upper limit. It is expected that the development of these programs will extend into fiscal year 2022 based on the approval timeframe of the approved SWMP. 5. Provide on call support as requested by the City within the contract upper limit which may include the following activities: a. Update guidance documents, inspection forms and outreach materials. b. Total Maximum Daily Load Program support. c. Support the City in updating the industrial facility inspection tracking system. d. Municipal construction site audits to access compliance with TCEQ construction general permit. e. Other relevant SWMP implementation technical guidance. G. Inspection Services. 1. Industrial Facility Inspections. As requested by City, one engineer will attend industrial inspections with City inspector. a. Preparation and initial facility research. b. Facility compliance records review. c. Review facility benchmark monitoring records and record information into centralized tracking spreadsheet. d. Facility walk-through and inspection report completion. e. Review correspondence with industrial facility. f. Implementation of associated enforcement actions and related correspondence. g. Engineer has estimated to assist the City in inspection of up to 10 industrial facilities. 2. Provide on call industrial facility documentation review and correspondence including assistance in review of SWPPP materials and analytical results from industrial sites. 3. Industrial Facility Inspection Training. a. Provide industrial inspection training materials. b. Support the city in the updating the industrial facility inspection tracking system as FY 2021 MS4 Permit Support Services 4 City Engineer BEAUMONT TEXAS requested by the City. H. New SWAP Development — The Draft SWMP is expected to be completed and submitted to TCEQ under the fiscal year 2020 contract and Amendment 1. The activities outlined below constituent the activities expected to complete during fiscal year 2021 under this contract. 1. Represent City in SWMP review process with TCEQ as needed. It is estimated the Engineer will attend two review meeting with TCEQ to review SWMP updates and comments. It is estimated the Engineer will be required to update the SWMP twice based on TCEQ SWMP review comments. 2. Conduct multi -department meetings to present final SWMP requirements to all relevant departments and discuss tracking for the annual report. III. Special Services (not applicable to this agreement) IV. Additional Services All work that will be performed by the Engineer at the request of the City that is described in this paragraph and not included in the paragraphs above, shall constitute Additional Services. Additional Services shall include, but are not limited to the following: A. Services required by the City in any litigation or other controversy as an expert witness, including actual testimony time, stand-by waiting time, preparation of engineering data and reports or depositions and consulting with the City or its attorney. B. Preparation of any special reports, applications for permits or grants, and appearances before any regulatory agencies or public hearings. C. Any revisions of previously approved work. D. Any travel and subsistence to points other than Engineer's or City's Offices and Project site. E. Preparation of exhibits. F. Additional services due to significant changes in scope of Project or its design including but not limited to changes in size, complexity, or character of construction as agreed to by both parties. These tasks may be authorized at the direction of the Public Works Director. G. Providing services after issuance of Letter of Acceptance from the City. V. Coordination FY 2021 MS4 Permit Support Services 5 City Engineer BEAUM©NT TEXAS A. The Engineer shall hold monthly conferences with the Public Works Director, hereinafter termed "Director," or his representatives to the end that the Project as developed shall have the full benefit of the City's experience and knowledge of existing needs and facilities, and be consistent with its current policies and standards. To assist the Engineer in this coordination, the City shall make available for the Engineer's use in planning and designing the project all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to existing facilities and to this particular Project, at no cost to the Engineer. However, any and all such information shall remain the property of the City and shall be returned if instructed to do so by the Director. B. The Director will act on behalf of the City with respect to the work to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Engineer's services. C. The City will give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any defect (error or omission) in the Engineer's services or any development that affects the scope or timing of Engineer's services. D. The City shall furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be determined to be necessary by the City for the completion of the Project. The Engineer will provide the City reasonable assistance in connection with such approvals and permits such as furnishing of data compiled by the Engineer pursuant to other provisions of the contract, but shall not be obligated to develop additional data, prepare extensive reports or appear at hearings or the like unless compensated therefore under other provisions on this contract. E. The Engineer shall promptly report, in writing, to the City of any development that would affect the scope or timing of the Project. VI. Fee Schedule A. General For and in consideration of the services to be rendered by the Engineer in this Agreement, the City shall pay and the Engineer shall receive the compensation hereinafter set forth for the Engineer's services described in Sections II, III, and IV. B. Basic and Special Services The basis of compensation for Basic and Special Services shall be at the standard hourly rates and expenses as provided in the Schedule of Hourly Rates and Expenses shown on Attachment A. The Engineer agrees that the total services and expenses shall not exceed $250,000 without the City's prior written authorization. The level of effort for Basic FY2021 MS4 Permit Support Services 6 City Engineer BEAUMONT TEXAS Services described in Section II is based on the estimated hours and fee for each task documented in Attachment B. The expected LOE of effort for subcontractor activities including monitoring field work support and laboratory services is $60,000 and $10,000 respectively as noted in Attachment B. C. Additional Services Compensation for Additional Services that are authorized by the Director shall be determined based on the standard hourly rates and expenses as shown in Attachment A and shall not exceed an amount to be determined at the time the Additional Services are requested. VII. City Payments A. Payments shall be made to the Engineer based on the several phases as described above and in accordance with the following: 1. One hundred percent (100%) of the amount due the Engineer for work performed in each phase shall be payable on a monthly basis. B. Payment shall be made within thirty (30) days after submittal of the request for payment for work performed. Payment shall be considered past due forty-five (45) days after submittal. C. The City reserves the right to make an audit of charges claimed for this agreement for services. VIII. Revisions to Drawings and Specifications (not applicable to this agreement) The Engineer shall make, without additional expense to the City over and above the basic fee, such revisions to the Design Phase as may be required to meet the needs of the City. After approval of the Design Phase by the City, any revisions, additions, or other modifications made at the City's request that involves extra services and expenses to the Engineer shall be subject to additional compensation to the Engineer for such extra services and expenses. IX. Ownership of Documents All documents including the original drawings, estimates, specifications, field notes and data, will remain the property of the Engineer as instruments of service. However, it is to be understood that the City shall have free access to all such information with the right to make and retain copies of drawings and all other documents including field notes and data. Any re- use without specific written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer. FY 2021 MS4 Permit Support Services 7 City Engineer BEAUMONT TEXAS X. Termination Either party to this Agreement may terminate the Agreement by giving the other thirty (30) days notice in writing and in accordance with the following procedure: A. Upon delivery of such notice by either party to the party, and upon expiration of the thirty day period, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such others or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charge to which the service actually performed under this Agreement is applicable and useable to this Project, less such payments on account of the charges as have been previously made. Copies of specifications prepared under this Agreement shall be delivered to the City when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VIE. B. Failure by the Engineer to comply with the submittal of the statement, and documents as required above shall constitute a waiver by the Engineer of any and all rights or claims to collect any monies that the Engineer may rightfully be entitled to for services performed under this Agreement. XI. Engineer's Warranty The Engineer warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the Engineer to solicit or secure this Contract, and that he has not for the purpose of soliciting or securing this Contract paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. XII. Equal Employment Opportunity The Engineer agrees to follow the Minority Business Enterprise requirements and/or develop an Affirmative Action Plan as set forth by the City. XIII. Assignment or Transfer of Interest The Engineer shall not assign or transfer its interest in the Contract without the written consent of the City. XIV. Indemnification/Liability FY 2021 MS4 Permit Support SeMces 8 City Engineer BEAUMONT TEXAS The Engineer shall save and hold harmless the City from all claims and liability due to activities of himself, his agents, or employees, performed under this Contract and which result from a negligent act, error or omission of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expenses, including attorney fees which might be incurred by the City in litigation or otherwise resisting said claim or liabilities which might be imposed on the City as result of such activities by the Engineer, his agents, or employees and for which the Engineer is found to be legally liable. The Engineer shall, within one week after signing the contract and before any work shall start, furnish the city with certificates of insurance naming the City as additional insured satisfactory to the City indicating the existence of Statutory Workmen's Compensation Insurance, and comprehensive General Liability Insurance. Such insurance shall be at the Engineer's expense. The limits shall be as follows: Comprehensive General Liability and Auto Liability Insurance shall not be less than $1,000,000.00 per incident / $1,000,000.00 per occurrence. These certificates shall contain a provision that the City shall be notified thirty (3 0) days before cancellation of the insurance. The Engineer shall maintain such insurance in force during the life of the contract and no modification or change of insurance carriage and provision shall be made without thirty (30) days written advance notice to the City. XV. Estimates of Cost Since the Engineer has no control over the cost of labor, materials, or equipment or over the contractor's methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry but the Engineer cannot and does not guarantee that proposals, bids or the construction cost will not vary from opinions of probable cost prepared by him. XVI. Interest in City Contracts Prohibited No officer or employee of the City shall have a financial interest, direct or indirect, in any Contract with the City, or shall be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or service, except on behalf of the City as an officer or employee. XVII. Entire Agreement This Agreement represents the entire and integrated Agreement between the City and Engineer and supersedes all prior negotiation, representatives, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Engineer. H2021 MS4 Permit Support Services 9 City Engineer BEAUMONT TEXAS SECTION 2 IN WITNESS WHEREOF, the City of Beaumont has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the corporate seal of said City to be hereunto affixed and this instrument to be attested by the City Clerk, and the said Engineer, acting by the hand of Gregory Shaw thereunto authorized signee title, does now sign, execute and deliver this document. Done at Beaumont, Texas, on this day of CDM SMITH By: Principal Attest: A.D. 2020. CITY OF BEAUMONT By: City Manager Attest: FY 2021 MS4 Permit Support Services 10 City Engineer BEAUM©NT TEXAS ATTACHMENT A SCHEDULE OF HOURLY RATES AND EXPENSE FY 2021 MS4 Permit Support Services BEAUMONT TEXAS Attachment A Schedule of Hourly Billing Rates CDM Smith Schedule of Hourly Billing Rates October 1, 2020 through September 30, 2021 Hourly Rates Clerical $85.00 Staff Support Services $105.00 Senior Support Services $140.00 Technical/Professional Services: Technician 1 $105.00 Technician II $130.00 Professional 1 $115.00 Professional II $125.00 Professional III $145.00 Professional IV $155.00 Professional V $165.00 Senior Professional $180.00 Principal/Associate/Senior Technical Specialist $225.00 Vice President/Senior Vice President/Officer/ $290.00 Senior Technical Consultant Monthly invoices will be generated using the above billing rates and field investigation unit rates. All subconsultant expenses are subject to handling/administrative charge of 10%. Other project related expenses (ODCs) are also subject to a 10% administrative charge. FY 2021 MS4 Permit Support Services A-1 City Engineer BEAUM©NT TEXAS ATTACHMENT B LEVEL OF EFFORT BREAKDOWN FY 2021 MS4 Permit Support Services r FY 2021 MS4 Permit Support Services B-1 City Engineer November 24, 2020 Consider a resolution approving the purchase of two automatic chlorine injector systems from Moody Bros., Inc., of Houston, for use at the Loeb Water Production Plant B'E.AUMONT- T TO: City Council FROM. - _ Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology. Services MEETING DATE: November 24, 2020 REQUESTED ACTION: Council consider a resolution approving the purchase of two -automatic chlorine injector systems from Moody Bros., Inc., of Houston, for use at the Loeb Water Production Plant. BACKGROUND The Loeb Water Production Plant uses manually adjusted chlorine gas injector systems to treat and disinfect water. The current injector systems. were damaged by Hurricane Harvey in 2017. Maintenance and repairs of the current equipment is made difficult by the increasing scarcity of repair parts due to the age of the system. A new system will allow the chlorine injection process to be automated, while allowing. operators to make manual adjustments if.needed. The City obtained approval from the TCEQ to upgrade the current system with booster pumps to improve. the reliability of.the overall system.; The cost to replace this equipment, including the booster pumps, and a two (2) year maintenance plan, is $191,247.00. Pricing was obtained from Moody Bros., Inc., as a sole source provider. FUNDING SOURCE Water Fund - $K010.00. Harvey Fund — Insurance Reimbursement - $1011237.00. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of two (2) automatic chlorine injector systems for use by the Water Utilities Department from Moody Bros., Inc., of Houston, Texas, a sole source provider, in the amount of $191,247.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of November, 2020. - Mayor Becky Ames - November 24, 2020 Consider a resolution approving a contract with Marsh Waterproofing, Inc. of Vidor for the water remediation (east wall) and organ repairs at the Jefferson Theatre BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Director MEETING DATE: November 24, 2020 REQUESTED ACTION: Council consider a resolution approving a contract with Marsh Waterproofing, Inc. of Vidor for the water remediation (east wall) and organ repairs at the Jefferson Theatre. BACKGROUND The Jefferson Theatre sustained water damage to the east side organ chamber and the east vestibule exit from Hurricane Harvey. The east wall is experiencing water intrusion issues through the exterior masonry faeade due to joint failure and breakdown of the existing mortar joints. The proposed repairs to the exterior wall will address 100% of the existing mortar joints, broken and/or cracked bricks, and sealing around windows, doors, and expansion joints. - The east and west organ chambers have been in disrepair since the City took possession of the facility from the Jefferson Theater Preservation Society and suffered more damage as a result of water intrusion from Hurricane Harvey. This project will include the rehabilitation of the organ components in the east and west chambers and the organ itself. The organ currently operates with only about half of its components. Bids were solicited from 12 companies for furnishing all labor, materials, equipment and supplies necessary to perform water remediation on the east wall and repair the organ components in the east and west chambers, including any repairs to the organ itself. On Thursday, November 12, 2020 one bid was received.from Marsh Waterproofing, Inc. of Vidor. The base bid -(which includes repairs to a portion of the east wall masonry and the repairs to the west organ chamber) is $130,236.00 and will be partially funded by the Texas Historical Commission HIM Emergency Supplemental Historic Preservation Grant received by the City. Alternate No. 1 (which includes repairs to a portion of the east wall masonry) is $26,400.00 and will be partially funded by FEMA reimbursements. Alternate No. 2 (which includes repairs to the east organ chamber ceiling and walls and repairs to the plaster in the east side exit vestibule) is $15,000.00 and will be partially funded by FEMA reimbursements. -Alternate No. 3 (which includes repairs to the organ components in the east organ chamber) is $83,883.00 and will be partially funded by FEMA reimbursements. Staff recommends the approval of the Base Bid and Alternates #1, #2, and #3 for a total cost of $255,519.00. The original estimated cost of the east wall and organ repairs was $167,300.00 prior to insurance deductions taken by FEMA and 10% non-federal share. The breakdown of funding is as follows: FEMA $48,416.40 THC Grant Funding $113,504.00 Funds donated from $37,496.43 the Jefferson Theatre Preservation Society Capital Reserve Fund $56,102.17 Total $255,519.00 A total of.9.0 calendar days are allocated for the completion of the project. FUNDING SOURCE FEMA Reimbursement, Texas Historical Commission Grant, Capital Reserve and Donated Funds RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for a contract to furnish all labor, materials, equipment and supplies necessary to perform water remediation and organ repairs at the Jefferson Theatre; and, WHEREAS, Marsh Waterproofing, Inc., of Vidor, Texas, submitted a bid in the amount of $255,519.00, as shown on Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by Marsh Waterproofing, Inc., of Vidor, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Marsh Waterproofing, Inc., of Vidor, Texas, to furnish all labor, materials, equipment and supplies necessary to perform water remediation and organ repairs at the Jefferson Theatre in the amount of $255,519.00, as shown on Exhibit "A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Marsh Waterproofing, Inc., of Vidor, 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 24th day of November, 2020. - Mayor Becky Ames - CITY OF BFJ►UMONT - PURCHASING DIVISION B EAU MO NT Terry Welch - Senior Buyer 4'-880-3107 terry vrelch(�beaumonttaxae aov BID TABULATION: Contract for Water Remedlatlon of the Jefferson Theater Located at 345 Fannin Street, Beaumont, Tx BID No. TF1021-01 OPENING DATE: Thursday, November 12, 2020 Vendor City / State Marsh Waterproofing Inc. Vidor, Texas Description Total Bid Price Base Bid for Scope as Specified (Per Dwgs & Specifications $130,236.00 Alternate Bid # 1 $26,400.00 Alternate Bid # 2 $15,000.00 Alternate Bid # 3 $83,883.00 Completion time for Base Bid: 90 Calendar Days The sole and quallfled bidder as HI lighted Is Marsh Waterproofing, Inc. of Vldor. DISCUSSION ITEM Review and discuss vehicle and equipment repairs DISCUSSION ITEM Review and discuss a bid for the statue that was removed from Weiss Park PV 11 November 24, 2020 Consider a resolution approving the sale of the statue removed from Weiss Park BEAUMONT' TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief FinanciaI Officer MEETING DATE: November 24, 2020 REQUESTED ACTION: Council consider a resolution approving the sale of the statue removed from Weiss Park. BACKGROUND The statue:was removed from Weiss Park on June 29, 2020. City Council authorized that the statue be offered for sale with Lone Star Auctioneers of Fort Worth. The auction started on November 5, 2020 and closed on November 19, 2020. The Holmes Firm PC of Dallas was the only bidder. The bid price was $25,000. The bidder is responsible to the auctioneer for up to. an 15% additional cost depending on the payment choice to the auctioneer. The bidder is also responsible for the cost to remove and ship the statue and marble base. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on June 23, 2020, the City Council of the City of Beaumont, Texas passed Resolution No. 20-131 authorizing the City Manager to remove and store the Confederate Era statue located at Wiess Park in the City of Beaumont; and, WHEREAS, the statue was offered for sale with Lone Star Auctioneers, of Fort Worth, Texas; and, WHEREAS, The Holmes Firm PC, of Dallas, Texas, was the sole bidder with a bid price of $25,000.00; and, WHEREAS, City Council is of the opinion that the sale to The Holmes Firm PC, of Dallas, Texas, 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 Manager be and he is hereby authorized to sale the Confederate Era statute formerly located at Wiess Park in the City of Beaumont to The Holmes Firm PC, of Dallas, Texas, in the amount of $25,000.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of November, 2020. - Mayor Becky Ames -