Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
07/13/2021 PACKET
BEAUMONT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY,JULY 13,2021 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on Items 1-13 CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) 1. Approval of the June 29, 2021 City Council Meeting Minutes 2. Authorize the settlement of the lawsuit styled Bethany Q. Spell vs. The City of Beaumont; Case No. B-0205591 3. Authorize the City Manager to execute Change Order No. 1 to the contract with Solid Bridge Construction, LLC for the Cattail Marsh Wetlands Repair Project 4. Authorize the execution of a License to Encroach Agreement with Jose Alberto and Flordeliz Martinez located at 3015 Blackmon Lane 5. Approve the renewal of an annual maintenance agreement with SirsiDynix of Lehi, UT for use in the Libraries REGULAR AGENDA 6. Conduct an election for Mayor Pro Tempore 7. Consider authorizing a one-time payment to all full-time civilian employees and appointed officials in an amount equal to 2% of their base wages 8. Consider a resolution to direct the designated officer to calculate the voter- approval tax rate in the manner provided for a special taxing unit 9. Consider approving a proposal submitted by Construction Managers of Southeast Texas, LLC to replace the roof system at the Fleet Fire Maintenance Shop located at 1125 Archie Street 10. Consider approving a proposal submitted by Marsh Waterproofing, Inc. for the restoration and tuck-pointing of the Jefferson Theater south side brick masonry façade 11. Consider approving a six month contract for the purchase of sodium hydroxide for use by the Water Utilities Department 12. Consider approving a depository agreement with Allegiance Bank 13. Consider authorizing the purchase of a replacement generator for the Loeb water well site PUBLIC HEARING * Receive comments on the proposal to establish the Arbor Reinvestment Zone 14. Consider approving an ordinance establishing the Arbor Reinvestment Zone for the purpose of offering economic incentives COMMENTS * Public Comment(Persons are limited to 3 minutes) • Councilmembers/City Manager/City Attorney comment on various matters 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 July 13, 2021 Approval of the June 29, 2021 City Council Meeting Minutes BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: July 13, 2021 REQUESTED ACTION: Council consider approval of the June 29, 2021 City Council Meeting Minutes. BEAUMONT TEXAS MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert"A.J."Turner Jr., At-Large BECKY AMES, MAYOR Randy Feldschau, Mayor Pro Tern Taylor Neild,Ward I CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel,Ward III JUNE 29, 2021 Chris Durio,Ward IV Tyrone Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on June 29, 2021, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: Mayor Ames called the council meeting to order at 1:30 p.m. OPENING * Invocation Pledge of Allegiance Roll Call Pastor Edison Colbert, Jr., with Paradise Baptist Church gave the invocation. Chadlyn Coleman led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Feldschau, Councilmembers Durio, Getz, Turner, Samuel and Neild. Also, present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. ELECTION OF MAYOR * Consider approval of an ordinance canvassing the results of the June 19, 2021, City Runoff Election The Election Code, Section 67.003, states that each local canvassing authority shall convene to conduct the local canvass at the time set by the canvassing authority's presiding officer not later than the eleventh day after election day and not earlier than the later of the third day after election day; the date on which the early voting ballot board has verified and counted all provisional ballots, if a provisional ballot has been cast in the election; or the date on which all timely received ballots cast from addresses outside of the United States are counted, if a ballot to be voted by mail in the election was provided to a person outside of the United States. Council shall meet and canvass the returns and officially declare the results. The Elected official will be sworn in and take office in their respective position. The canvassing totals that are reflected in the attached draft ordinance are not the final canvassing numbers, they will be provided by the Jefferson County Clerk on or before June 29, 2021. Approval of Ordinance. Minutes—June 29,2021 Councilmember Getz moved to ADOPT AN ORDINANCE CANVASSING THE RETURNS OF THE RUNOFF ELECTION OF THE CITY OF BEAUMONT HELD ON THE 19TH DAY OF JUNE 2021, FOR THE PURPOSE OF ELECTING A MAYOR; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR REPEAL. Councilmember Samuel seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS DURIO,GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-040 * Administering the oath of office * Mayor/Councilmembers/City Manager/City Attorney comments * Recess at- 2:04 p.m. RECONVENE MEETING - at 2:38 p.m. * Presentation and Recognition * Public Comment: Persons may speak on items 1,2 and 4-8 Proclamations, Presentation, Recognitions None Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on items 1,2 and 4-8 None CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) 1. Approval of the June 22, 2021, City Council Meeting Minutes 2. Authorize the conveyance of a Drainage Easement to Jefferson County Drainage District No. 6 - Resolution 21-154 Councilmember Neild moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS DURIO, GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes—June 29,2021 REGULAR AGENDA 3. Consider a request for a Specific Use Permit to allow a church to be located at 2453 Broadway Street in the RCR-H (Residential Conservation Revitalization — Historic) District. Weldene Smith, is requesting a Specific Use Permit to establish a church at 2453 Broadway Street. The most recent occupant of the property was Jason's Deli, for office space. Worship services would be held on Sunday mornings. The rear of the property is paved for parking. However, the spaces (including the handicap spot) will need to be repainted. The site plan will need to be updated to show the proposed parking layout with dimensions prior to repainting. At a Joint Public Hearing held on June 21, 2021, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow for a church in the RCR-H (Residential Conservation Revitalization — Historic) District with the following conditions: 1. Update site plan to show the proposed parking layout with dimensions to meet city requirements. 2. Restripe parking at rear of building. Approval of the ordinance with the following conditions: 1. Update site plan to show the proposed parking layout with dimensions to meet city requirements. 2. Restripe parking at rear of building. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RCR-H (RESIDENTIAL CONSERVATION REVITALIZATION-HISTORIC) DISTRICT FOR PROPERTY LOCATED AT 2453 BROADWAY STREET,WITH THE CONDITIONS,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS DURIO, GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-041 4. Consider authorizing the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to Excavation &Construction for the Concrete Pavement Repair- City Wide Project. On October 23, 2018, by Resolution No. 18-267, City Council awarded a contract to Excavation & Construction, of Port Arthur, in the amount of$3,656,485.47, for the Concrete Pavement Repair— City Wide Project. Proposed Change Order No. 1, in the amount of ($280,109.12), is required to deduct scheduled repairs that were either completed by the City's Streets and Drainage Division and Minutes—June 29,2021 are better suited for asphalt rehab. Change Order No. 1 will also 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 $3,376,376.35. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order No. 1, maintenance, and final payment in the amount of$176,418.82 is recommended. Funds will come from the Capital Program — Street Rehabilitation Program. Approval of the resolution. Mayor Pro Tem Feldschau moved to APPROVE A RESOLUTION THAT CHANGE ORDER NO.1,IN THE AMOUNT OF($280,109.12)IS NECESSARY TO DEDUCT SCHEDULED REPAIRS THAT WERE COMPLETED BY THE CITY'S STREETS AND DRAINAGE DIVISION AND TO ADJUST THE ESTIMATED QUANTITIES IN THE CONTRACT TO REFLECT THE ACTUAL QUANTITIES USED IN THE COMPLETION OF THE PROJECT, THEREBY DECREASING THE TOTAL CONTRACT AMOUNT TO $3,376,376.35 AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO.1,IN THE AMOUNT OF ($280,109.12), THEREBY DECREASING THE CONTRACT AMOUNT TO $3,376,376.35. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS DURIO, GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 21-155 5. Consider authorizing the City Manager to award a contract to Infrastructure Engineering & Construction, LLC of Houston for the Pine Street Water Treatment Plant electrical building improvements. The Pine St. Electrical Building Flood Protection Improvements Project shall provide flood mitigation for the main electrical building and generator building at the City of Beaumont's Water Treatment Plant and provide elevated improvements to the existing diesel tank. On June 10, 2021, three (3) bids were received for furnishing all labor, materials, equipment, and supplies for the project. The bid totals are indicated in the table below: Contractor Location Total Award Amount Infrastructure Engineering & Construction, LLC Houston, TX $522,464.00 Deztex Industrial Services, LLC d/b/a RAMTEX Beaumont, TX $544,989.22 Apex Alliance, LLC Port Neches, TX $612,063.00 Engineer's Estimate $526,000.00 Minutes—June 29,2021 Based on a review of the bids and required documents received, the Water Utilities staff agrees with Freese and Nichols, Inc., and recommends awarding the project to the lowest bidder, Infrastructure Engineering & Construction, LLC in the amount of$522,464.00. A total'of 260 calendar days are allocated for the completion of this project. Funds will come from the Capital Program in the amount of $130,616.00 and Federal Emergency Management Agency (FEMA) in the amount of$391,848.00. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO INFRASTRUCTURE ENGINEERING AND CONSTRUCTION, LLC, OF HOUSTON, TEXAS, IN THE AMOUNT OF $522,464.00, FOR THE PINE STREET ELECTRICAL BUILDING FLOOD PROTECTION IMPROVEMENTS PROJECT;AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH INFRASTRUCTURE ENGINEERING AND CONSTRUCTION, LLC, OF HOUSTON, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS DURIO, GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 21-156 DISCUSSION ITEMS 1. Review and discuss compensation for civilian employees Kyle Hayes, City Manager reviewed and discussed compensation for civilian employees. Mr. Hayes stated that civilian employees last received a 3% increase in October of 2019. The administration is proposing a one-time payment to all full-time civilian employees (including appointed officials) of 2% of their base wages. Employees on the payroll will receive the payment, employees making less than $50,000 per year in base wages will receive $1,000.00 less payroll taxes, pension contributions and other related deductions. The estimated cost will be: General Fund - $790,000 Water Fund - $180,000 Solid Waste Fund - $82,000 Hotel Occupancy Tax Fund - $18,000 Fleet Fund - $42,000 The fund balances in the above funds are very healthy and can afford the payments with the exception of the fleet fund. A transfer to the fleet fund may be necessary towards the end of the fiscal year. Minutes—June 29,2021 2. Review and discuss retrofitting an existing vehicle to be used for High Water Rescue Todd Simoneaux, Chief Financial Officer reviewed and discussed retrofitting an existing vehicle to be used for High Water Rescue. Currently the City has 20 dump trucks that it owns and operates, the dump trucks work in various departments throughout the city but are used primarily during storm and flooding events as high- water rescue vehicles, the dump trucks can ride in 2 (two) to 2 I (two and a half) feet of water or 30 (thirty) inches of water. Stated with the dump truck as it is now,when a citizen is rescued, a ladder would be used to get the citizen in the truck because of how high the truck sits, if the citizen can't climb the ladder, then the citizen has to be picked up and carried inside the cargo area to bring them to safety, this can cause injury to the employee and the citizen. In order to improve the efficiency and safety of the high-water rescue operations, staff is proposing a highwater rescue vehicle that can drive through about four (4) feet of water or close to fifty (50) inches of water, there would also be a lift gate to securely bring the citizens into the cargo area as well as a tarp to keep the citizens dry. Mr. Simoneaux stated that there are several options that can be done: 1. To purchase the vehicle directly from a vendor, the cost would be a little over $200,000, these vehicles won't be new, they would be refurbished military vehicles 2. The city can take an existing dump truck and do some conversions to it and make it look like one that would be purchased from a vendor, $30,000 of the conversion could be done in house and then send the vehicle off to the manufacturer of a company that refurbishes the military vehicles and they would do an additional approximately $40,000 of work, for a price of about $70,000 the city could convert one of the existing reserve dump trucks into a highwater vehicle Mr. Simoneaux stated that he believes that FEMA would offer funding for this type of vehicle, the city opted into a program with Hurricane Harvey called the DAC Program (Direct Administration of Cost), basically however many dollars FEMA has obligated to the city, right now for Hurricane Harvey it's $75 million and expected to go to $85 million, the city gets 4% to 5% of that obligated cost to use to reimburse for administrative cost, mitigation cost or emergency training. The city would possible, get$3.4 to $4.2 million to work with as far as the mitigation project, training or the city being reimbursed. This is a pilot program,the city is learning more about the program each day, nothing is guaranteed until it's received. If the city doesn't secure the use of the FEMA funds, there's plenty of fund balance in the general fund to cover the cost for this type of conversion 3. Review and discuss Water and Sewer Infrastructure and related projects Bart Bartkowiak, Public Works Director reviewed and discussed the water and sewer infrastructure and related projects. The process of water utilities was discussed along with the water production, water production recent projects from 2020, ongoing projects, planned projects, discolored water, free chlorine conversion, water distribution system recent and ongoing projects, water distribution system planned projects, wastewater collection system, inflow and infiltration Minutes—June 29,2021 COMMENTS * Public Comments (Persons are limited to three minutes) Nicholas Hunger 9155 Mapes Beaumont TX Congratulated Mayor Mouton on her election, stated that he's been presented with an opportunity to build a business and that he's been running his own social media production services by himself for the last two years, stated that he's been blessed to have enough work and spread it out, he's been presented with an opportunity outside of Beaumont, also spoke of his non-profit called "I Can", stated that he's excited about the direction that Beaumont is going and a lot of things that will be coming down the pipe, the city should start by designing a new logo for Beaumont Addle Allen 9695 Gross Beaumont TX Congratulated Mayor Mouton, stated that she stands before them because there are issues that she cares about, thanked them for the answer regarding the airport, stated that a plane flew over her neighborhood at about 3 a.m., they didn't do the frequent flying as they have been doing, in regards to the discussion of item #6 regarding compensation for civilian employees, she was wondering about civil service employees, commented on The American Rescue Act, stated that the city received money from that particular grant, doesn't think it said anything different whether it was civilian or civil service and of course if you're giving a $1,000.00 bonus and it's less than a$1,000.00 after taking the taxes out, thinks that Council should consider just a little bit more, would like to see when the Rescue Act would be on the agenda, there are several things that address the employees, a happy employee makes a happy city service personnel, thanked Council for the discussion on the water and sewer because that's been an issue, stated that it seems like the citizens were in the worksession with the Council, information is so important, thanked Council for their service and sees a change already, stated that she had one more question, Houston went through Hurricane Harvey and did an aggressive movement where water accumulated and affected citizens, doesn't know what the statics are where the city has done the movement of making sure that floods don't happen in the same place repeatedly, asked that Council consider an air horn, the past Mayor stated that everyone has cell phones, she still believes that the city needs an air horn, it has happened in the past that the media has gone down, hopes that the city looks at the air horn, now that we are in hurricane season or one in the future Thefarro Richard 5275 Parkview Dr. Beaumont TX Stated that she's the owner of House of Pearls for homeless women, The Cornerstone for homeless men, disabled veterans and second chances for convicted felons, congratulated Mayor Mouton, stated that after doing research regarding property taxes here in Beaumont, she discovered that the property tax rate for most of the properties is 1.59%, she proposed that the City Council would allow her, her foundation and her partners to purchase Concord Homes, it's her understanding that the City was allocated a $12 million dollar grant that the city lost because of advocacy groups in Austin, Texas,who proposed that knocking down the property was some type of self-discrimination against lower social economic groups, stated that the property is just sitting and it's the ideal property for her and her foundation because the majority of the homeless people here in Beaumont reside under the bridge which is literally right down the street, she's wanting to repair and rehab the property which has over a Minutes—June 29,2021 hundred units, her proposal is that it will be low income, meaning whether they charge them a$1.00 a day depending on their economic status, $30.00 a day or$300.00 a month,this will generate over $3 million dollars a year for them, she's also proposing not to have a tax exempt status as the Beaumont Housing Authority does, but to pay taxes at the 1.59%which would generate $190,000.00 dollars in property taxes for the city at a rate of $12 million dollars a year, she wants to be a light and hopes that the City Council will help her Tracy Ballard Arline 6050 Chisholm Trail Beaumont TX Appreciates the opportunity to speak, commented on the compensation for the employees, as well as the high-water rescue vehicle and the lift for those in wheelchairs etc., stated that she's available if they need any help from someone that actually knows what citizens in wheelchairs like her would need Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE COUNCILMEMBER SAMUEL- NONE MAYOR PRO TEM FELDSCHAU - NONE COUNCILMEMBER TURNER- NONE COUNCILMEMBER GETZ- CONGRATULATED EMILY WHEELER AND HER STAFF FOR BRINGING THE AIR FORCE NATIONAL GUARD BAND TO THE JEFFERSON THEATRE,IT WAS A GREAT PERFORMANCE WITH A GREAT CROWD,APPRECIATES WHAT THEY DO COUNCILMEMBER DURIO - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - COMMENTED ON A BOOK THAT HE FOUND WRITTEN BY BEN WOODHEAD, WHO GREW UP IN BEAUMONT AND WAS A REPORTER AT ONE TIME WITH THE LOCAL NEWSPAPER,HE HAS A SON AND A DAUGHTER THAT STILL RESIDES HERE IN BEAUMONT, THE BOOK WAS WRITTEN IN 1968, TITLED "BEAUMONTER AT LARGE"STATED THAT IT'S A VERY POSITIVE BOOK AND A GREAT READ,JUST WANTED TO READ SOMETHING FROM THE LAST CHAPTER THAT'S CALLED "MOP UP" IN THE THIRD OR FOURTH PAGE FROM THE END, THERE'S A PORTION THAT READS "THE THING THAT RATHER DISTURBS ME ABOUT MY HOME TOWN IS IT'S RELATIVE LACK OF UNITY WHERE MATTERS RELATING TO THE COMMON GOOD ARE CONCERNED, DIFFERENCE OF OPINION IS HEALTHY BUT IN OUR CASE IT OFTEN APPROACHES DEEP ROOTED ACRIMONY, THERE HAS BEEN EVIDENT TO MUCH OF A DEFEATIST ATTITUDE WHEN SOMETHING IS PROPOSED FOR OUR GENERAL BETTERMENT, Minutes—June 29,2021 THERE'S BEEN TOO MUCH REACTION OF WHY IT CAN'T BE DONE RATHER THAN HOW IT CAN BE DONE, I REMARKED IN A PREVIOUS CHAPTER THAT CITIES, LIKE INDIVIDUALS HAVE DISTINCTIVE PERSONALITIES, THAT IS A PERFECTLY NORMAL CIRCUMSTANCE,A CITY AFTER ALL IS NOTHING MORE THAN A COMPOSITE OF THE PEOPLE WHO MAKE THEIR HOMES THERE, AND ONE OF BEAUMONT'S COMMUNITY SINS MAY WELL BE IN DECISION AND HESITATION RATHER THAN FORTH RIGHT ACTION,I WOULD RATHER SEE US TAKE A FEW MORE CHANCES AND GET STUNG ONCE IN A WHILE", THE CITY MANAGER STATED THAT THIS WAS WRITTEN 53 YEARS AGO AND SOMETIMES WE DEAL WITH THE SAME TYPE ISSUES TODAY, JUST WANTED TO SHARE WITH EVERYONE MAYOR MOUTON - NONE Open session of meeting recessed at 4:58 p.m. CLOSED SESSION * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: 555 Main Street * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Gerald Taylor, Sr., Individually, and as a Surviving Father of G.T., Decedent vs. City of Beaumont Claim of L&L General Contractors Robin Mouton, Mayor Tina Broussard, City Clerk Minutes—June 29,2021 2 July 13, 2021 Authorize the settlement of the lawsuit styled Bethany Q. Spell vs. The City of Beaumont; Case No. B-0205591 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: July 13, 2021 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Bethany Q. Spell vs. The City of Beaumont; Case No. B-0205591. BACKGROUND The lawsuit styled Bethany Q. Spell vs. The City of Beaumont; Case No. B-0205591 was presented and discussed in Executive Session held on June 22, 2021. The City Attorney is requesting authority to settle this suit in the amount of$95,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuit styled Bethany Q. Spell v. The City of Beaumont; Case No. B-0205591, was discussed in Executive Session properly called and held Tuesday, June 22, 2021; and, WHEREAS, the City Attorney is requesting authority to settle the lawsuit; and, WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the suit; 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 Attorney be, and he is hereby, authorized to settle the matter of Bethany Q. Spell in the lawsuit styled Bethany Q. Spell v. The City of Beaumont; Case No. B-0205591, for the sum of Ninety-Five Thousand and XX/100 Dollars ($95,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the lawsuit. 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 13th day of July, 2021. - Mayor Robin Mouton - 3 July 13, 2021 Authorize the City Manager to execute Change Order No. 1 to the contract with Solid Bridge Construction, LLC for the Cattail Marsh Wetlands Repair Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: July 13, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with Solid Bridge Construction, LLC for the Cattail Marsh Wetlands Repair Project. BACKGROUND On February 9, 2021, by Resolution No. 21-033, City Council awarded a contract to Solid Bridge Construction, LLC, of Huntsville, in the amount of$953,415.45 for the Cattail Marsh Wetlands Repair Project. Proposed Change Order No. 1, in the amount of($79,338.36), is required to account for two additional damaged locations. This Change Order will also allow for an alternate repair to two areas where the interior slope of the levee is still intact, and the repairs will not be as extensive. A total of fifteen(15) working days will be added to the contract for the additional work. If approved, Change Order No. 1 will result in a new contract amount of$874,077.09. FUNDING SOURCE Harvey Fund in the amount of$87,407.71 and Federal Emergency Management Agency (FEMA) in the amount of$786,669.38. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-033 WHEREAS, bids were received for a contract to furnish all labor, materials, equipment, and supplies for the Cattail Marsh Wetlands Repair Project; and, WHEREAS, Solid Bridge Construction, LLC, of Huntsville, Texas, submitted a bid in the amount of$953,415.45, as shown on Exhibit"A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by Solid Bridge Construction, LLC, of Huntsville, 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 Solid Bridge Construction, LLC, of Huntsville, Texas, to furnish all labor, materials, equipment, and supplies for the Cattail Marsh Wetlands Repair Project in the amount of $953,415.45, 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 Solid Bridge Construction, LLC, of Huntsville, 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 9th day of February, 2021. /fr - Mayor Becky Ames - �„®ems®�®®� • dam :' x'• •pr.,; AB +, 4CACCt i)i 1 :YSiEn1;,.`�,-•� N APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.One(1), DATE June 4,2021 PROJECT: City of Beaumont,Texas Cattail Marsh Wetlands Repair Bid No.PW1021-06/FEMA Project#13339餛 OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Solid Bridge Construction,LLC 1204 Sam Houston Avenue,Suite 1 Huntsville,DC 77340 TO THE OWNER: Approval of the following contract change Is requested. Reason for Change:To provide for the repair of 2 additional damage locations,1G and IH,on the exterior side slope of the Cell 1 east levee damaged by the flooding from Hurricane Imelda;to repair the severly rutted top of the levee to the east and to the west of Repair Area 1E, including Installing a geogrid and 10°of compacted crushed limestone. Also,to provide for an alternate repair for Area 1D and 1E due to the original(circa 1993)geotextile fabric and limestone road material left In place and the 2007 fill placed on top,and due to the Interior slope of the original levee below the old road bed being still intact. ORIGINAL CONTRACT AMOUNT: $ 953,415.45 THIS CHANGE ORDER 1tua Description 2A Exterior Slope Mitigation IA-ADD removing the old limestone road bed and approximately 10"of clay at $ 2,856.00 the top of the levee,and install and compact clay fill to rebuild top of levee;ADD$2,856.00 to Increase Unit Price to$14,202.15/lump sum 5A Exterior Slope Mitigation iF-ADD removing the old limestone road bed and approximately 10"of day at $ 7,424.00 the top of the levee,and Install and compact clay fill to rebuild top of levee;ADD$7,424.00 to increase Unit Price to$34,836.50/lump sum 21A Interior Slope Mitigation ID-reconstruct the interior levee slope including including steel sheet pile $(203,967.00) coffer dam,removing existing crushed limestone and stockpile on-site,remove and dispose existing geotextile fabric,stripping the vegetation,removing a 2'layer of clay fill,reconstructing the interior slope In compacted lifts,and hydro-mulch seed the reconstructed levee slope;DELETE 1 @$203,967.60/lump sum 22A Interior Slope Mitigation 1E-reconstruct the interior levee slope including including steel sheet pile $ (67,019.35) coffer dam,removing existing crushed limestone and stockpile on-site,remove and dispose existing geotextlle fabric,stripping the vegetation,removing a 2'layer of clay fill,reconstructing the Interior slope in compacted lifts,and hydro-mulch seed the reconstructed levee slope;DELETE 1 @$67,019.35/lump sum /Jew lten 21A ALTERNATE Interior Slope Mitigation 1D-reconstruct the Interior levee slope Including coffer dam $ 75,879.75 return/restoddng charge,removing existing crushed limestone and stockpile on-site,remove and dispose existing geotextile fabric,stripping the vegetation,remove upper 2'layer of levee and stockpile,including old limestone road bed and geotextile fabric,install and compact day fill,hydro-mulch seed the completed levee slope,and dispose of waste material on-site;ADD 1 @$75,879.75/Iump sum 22A ALTERNATE Interior Slope Mitigation 1E-reconstruct the Interior levee slope including coffer dam $ 38,831.51 retum/restocking charge,removing existing crushed limestone and stockpile on-site,remove and dispose existing geotextlle fabric,stripping the vegetation,remove upper 2'layer of levee and stockpile,Including old limestone road bed and geotextile fabric,install and compact clay fill,hydro-mulch seed the completed levee slope,and dispose of waste material on-site;ADD 1 @$38,831.51/lump sum Page 1 of 2 • APPROVAL OF CONTRACt CHANCE CHANGE ORDER No.One(1) DATE: June 4,2021 29 Exterior Slope Repair 1G-reconstruct the exterior levee slope including removing existing crushed $ 12,366.50 limestone and stockpile on-site,remove and dispose existing geotextile fabric,stripping the vegetation, removing a 2'layer of clay fill on the exterior,construct 3'deep clay key,reconstructing the exterior slope In compactedliifts,remove upper,LS'-2'layer of levee and stockpile,including old limestone road bed and geotextile fabric,Install and compact clay frit to rebuild top of levee,and hydro-mulch seed the reconstructed levee slope;ADD 1'@$12,366.50/lump sum 30 " Exterior Slope Repair lH-reconstruct the exterior levee slope Including removing existing crushed $ 17,504.23 limestone and stockpile on-site,remove and dispose existing geotextile fabric,stripping the vegetation, . removing a 2'layer of day fill,construct 3'deep.clay key,reconstructing the exterior slope in compacted llfts,-remove upper 15'2'layer of levee and stockpile,indudingold limestone road bed and geotextile fabric,install'and compact!day fill to rebuild top of levee-and hydro-mulch.seed the reconstructed levee • slope;ADD 1.@$17,504.23/luinp sum 31 Top of Levee-Level out the rutted area adjacent to repair Area 1E,install a 800 LF of TerserTX160 $ 36,786.00 triaudal geogridor approved equal,and 10°of compacted crushed limestone meeting the requirements of TxDOT 2014 Standard Specifications Item 247,Type A;Grade 1-2,moisture-conditioned to 13%of optimum.moisture content and compacted in maximum 6-in loose liftsto a minimum of 95%of the maximum density as determined by ASTMD1557;ADD 1 @$36,786.00/lump sum TOTAL MOUNTOFTHIS CHANGE ORDER: .$ (79,338.36) • TOTAL REVISED CONTRACT AMOUNT.INCLUDING,7HIS CHANGE ORDER: $ 874,077.09 CONTRACiTIME Original Contract Time: 120 working days Additional Contract lime far Repair 16 and Repair 1H 15 working days Revised Contract Time per this Change Order 135 tvoddng days • CONDITION OF CHANGE: • °Contractor acknowledges and agrees that the.adjustments In contract price and contract time stipulated In this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work underthe Contract arising directly or indirectly from this:Change Order and all previous Change Orders.Acceptance of-this waiver Constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract and that Contractor Will Waive all rights to file a claim on this Change Order after It is properly executed.° • Accepts Reviewed by • aR�fluid . 'on,AC Amelia Vfflareal,P.E. 'BartBettlw ak Contractor - City Engineer Director of Public Works and Technology Services l:‘- %-a C?1 Dat c-zV-� � fi Recommended by: Approved by: Attested by: • �Scha urg kink Kyle Hayes Tina Broussard Engineer Crtytdlanager City Clerk Date: 6 /77,2 Date; _ rate: Page 2 of 2 . i RESOLUTION NO. WHEREAS, on February 9, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-033 awarding a contract in the amount of$953,415.45 to Solid Bridge Construction, LLC, of Huntsville, Texas, for the Cattail Marsh Wetlands Repair Project; and, WHEREAS, Change Order No. 1, in the amount of ($79,338.36), is necessary to account for two (2) additional damaged locations; and, to allow for an alternate repair to two (2) areas where the interior slope of the levee is still intact and the repairs will not be as extensive, thereby decreasing the total contract amount to $874,077.09; 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($79,338.36) to account for two (2) additional damaged locations; and, to allow for an alternate repair to two (2) areas where the interior slope of the levee is still intact and the repairs will not be as extensive, thereby decreasing the total contract amount to $874,077.09 for the Cattail Marsh Wetlands Repair Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of July, 2021. - Mayor Robin Mouton - 4 July 13, 2021 Authorize the execution of a License to Encroach Agreement with Jose Alberto and Flordeliz Martinez located at 3015 Blackmon Lane • BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartowiak, Public Works & Technology Director MEETING DATE: July 13, 2021 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with Jose Alberto and Flordeliz Martinez located at 3015 Blackmon Lane. BACKGROUND There is one (1) structure located at 3015 Blackmon Lane encroaching onto a five foot(5') utility easement in Lot 14, Block 17, Minglewood Addition. The metal shop on piers encroaches 4.09' to 4.34' onto a 5' utility easement. The request from Jose and Flordeliz Martinez was submitted to all city departments and utility companies with no objections. The City Utility Administration,Entergy and Spectrum approved the license to encroach with the following conditions: The City of Beaumont will not be responsible for any damages to the structure (metal shop on piers) if the sewer mains should ever develop a cavity or due to any repairs to the City mains by City crews or contractor crews hired by the City. The City of Beaumont shall not be responsible for the repair and replacement of the metal shop on piers or other structures within the Easement property. Entergy will require the overhead service line that serves the house have a clearance of 3.5' and the service line be at least 3.5' above the roof. Spectrum will not be responsible for any cost associated with the repair, construction or replacement of cable in the easement. The property owner will be responsible for any replat. The agreement will be filed in the County Clerk Office as permanent record. The License Agreement protects the City from liability and provides a thirty(30) day cancellation clause. FUNDING SOURCE There is a one time non-refundable fee of$500 for the License to Encroach. RECOMMENDATION Approval of the resolution. RICH WITH OPPORTUNITY Application for License to Encroach rEIMON ( City of Beaumont, Texas ,T • E . X • A-, S 1. NAME OF APPLICANT: c) i 1 b ar-1-0 ' 1 C r+ccle2_ ADDRESS: 30 S 131acKryyjA Un PHONE: o - 3Co3 D 133 2. AUTHORITY OF APPLICANT: ow - 3. NAME OF OWNER: Horde, / -So se. /"�/�) bed-1) ADDRESS: 3015- f3I aC, 6)-1 L.r) PHONE: 1 D°1 - 3 673 - 2 ) LEGAL DESCRIPTION OF OWNER'S PROPERTY (Lots,Blocks, Subdivision) ' TO BE SERVED BY EASEMENT OR RIGHT-OF-WAY: M I na(f wood -der 4. DESCRIPTION OF EASEMENT OR RIGHT-OF-WAY INVOLVED:. 5 r X 11, a_S-eV,n v ``�%V 5. PRESENT USE OF EASEMENT OR RIGHT-OF-WAY (List Utilities_ if Present): if\ a tit) V\ 6. USE OF EASEMENT OR RIGHT-OF-WAY DESIRED BY OWNER: Varravice c pro Ve -Far Mc( s ko p I 7. ATTACH :A MAP OR PLAT DELINEATING THE EASEMENT OR PUBLIC RIGHT-OF-WAY (Dimensioned and to Engineering Scale). PLEASE INCLUDE ALL PERTINENT INFORMATION ON THE MAP: i. Distances from edge of pavement or back of curb ii. Street names and nearest cross streets iii. Side of the street [east,west, north, south] 8. COST TO BE PAID FOR LICENSE TO ENCROACH AT TIME APPLICATION IS SUBMITTED- $500 SAID COST BEING NON-REFUNDABLE. • TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND CORRECT. . Sl :NATURE BEAU / , O T TEXAS May 7, 2021 JOSE MARTINEZ 3015 BLACKMON LN BEAUMONT TX 77703 RE: PZ2021-58 • Mr. Martinez, Please be informed that at the regular meeting held on May 6, 2021, the Board of Adjustment voted to approve file PZ2021-58, the request for a Variance to the required minimum side yard setback for an accessory structure in R-S (Residential Single-Family) zoning, to be reduced from 2'6"to 8". Please be aware that there is a 10 day appeals period. Please contact the City of Beaumont Engineering Department for a license to encroach to receive permission to have your structure placed in the 5' utility easement. If you need any additional information,please do not hesitate to contact me at(409) 880-3764. Sincerely, • 1N • Demi Laney Senior Planner Cc: Boyd Meier, Building Official Jason Caywood, Deputy Building Official Adina Josey, Senior Planner PLANNING&COMMUNITY 0 DEVELOPMENT T 409.880.3100 F 409.880.3110 PO Box 3827 I Beaumont,TX 77704 beaumonttexas.gov OFFICIAL CER'I'It'ICATION OF BOARD OF ADJUSTMENT DECISION FILE: PZ2021-58 This will certify that on May 6, 2021' the Board of Adjustment pprove denied by a vote of L - to 0 a Variance, as allowed by Section 28.02.005(e)(3) from Section 28.03.024(b)(1) of the City Code for property located at 3015 Blackmon Ln and requested by Jose Martinez. This decision approves/denies a Variance to the required minimum side yard setback for an accessory structure to be reduced from 2'6"to 8". There is a ten day time period to appeal this decision commencing upon: May 6, 2021. 05/06/2021 Si Acting Chairman Date Board f Adjustment THE STA 1'E OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME,the undersigned authority, on this day personally appeared Jeffrey Beaver,known to me to be person whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND and seal of office this 6th day of May,2021. r CATHERINE SAUR ALLEN (IU c• — =*: i= My Notary ID#132300044 Notary Public, State of Texas +; ;i t'� Expires January 3,2024 RESOLUTION NO. WHEREAS, Jose Alberto and Flordeliz Martinez have requested that the City of Beaumont grant a License to Encroach into one (1) five foot (5') utility easement at 3015 Blackmon Lane, which is described as being in Lot 14, Block 17, Minglewood Addition to the City of Beaumont. The encroachment being one (1) existing structure overlapping 4.09' to 4.35' into the five foot (5') utility easement as described in Exhibit "1," attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; 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 a License to Encroach with Jose Alberto and Flordeliz Martinez to encroach into one (1) five foot (5') utility easement at 3015 Blackmon Lane, which is described as being in Lot 14, Block 17, Minglewood Addition to the City of Beaumont. The encroachment being one (1) existing structure overlapping 4.09' to 4.34' into the five foot (5') utility easement, as described in Exhibit "1," attached hereto 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 13th day of July, 2021. - Mayor Robin Mouton - LICENSE TO ENCROACH STA 1'r;OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Jose Alberto and Flordeliz Martinez, owners,hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Said encroachment being a metal shop on piers overlapping 4.09' to 4.34' onto a 5' (five foot) utility easement in and part of Lot 14, Block 17, Mindglewood Addition (3015 Blackmon Lane). Said encroachment is shown on Exhibit "A", attached. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of Page 1 of 4 EXHIBIT "1" business or profit, loss of access, or otherwise. The City Utility Administration, Entergy and Spectrum approved the license to encroach with the following conditions: The City of Beaumont will not be responsible for any damages to the structure (metal shop on piers) if the sewer mains should ever develop a cavity or due to any repairs to the City mains by City crews or contractor crews hired by the City. The City of Beaumont shall not be responsible for the repair and replacement of the metal shop on piers or other structures within the Easement property. Entergy will require the overhead service line that serves the house have a clearance of 3.5' and the service line be at least 3.5' above the roof. Spectrum will not be responsible for any cost associated with the repair, construction or replacement of cable in the easement. The property owner will be responsible for any replat. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction,maintenance,use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor,reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensor will not be responsible for any damages to the structures if the sanitary sewer line or the storm sewer should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. The Licensor shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. Page 2 of 4 This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at 9115 Josey Street,Beaumont, Texas 77707. IN WITNESS, WHEREOF,the parties hereto have executed this agreement as of the day of , 2021. LICENSOR: LICENSEE: CITY OF BEAUMONT By: By: Kyle Hayes, City Manager Jose Alberto Martinez By: Flordeliz Martinez Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of 2021, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of 2021,by Jose Alberto Martinez. Notary Public, State of Texas STATE OF 'TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of 2021,by Flordeliz Martinez. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P.O.Box 3827 Beaumont,Texas 77704 Page 4 of 4 • 1�NOh9NG IN 1010 SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP 0R TITLE .0RM� ' 2.111E WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR,WHICH WITHOUT BENEFIT OF CURRENT IS BASED ON HIS BEST KNOWLEDGE, INFORMATION AND BELIEF,FORMED IN THE COURSE OF HIS PERFORMING THE imz Wottnst of b . SURVEY IN COMPLIANCE WITH THE STANDARDS OF PRACTICE REQUIRED AND PR00IJLDAEED BY THE TDOS BOARD OF PROFESSIONAL LAND SURVEYORS AND THE TECAS SOCIETY OF PROFESSIONAL SURVEYORS.AS SUCH,IT CONSTITUTES BOUNDARY AND 1NPROVE3IENT NEITHER A GUARANTEE NOR A WARRANTY,EXPRESSED ORIMPLIED. SURVEY ONLY,FASEIIEf1i$,F 3.ALL SET 5/8'IRON RODS SET WITH A CAP STAMPED'61.W.WHTTELEY LE ASSOCIATES'. ANY,NOT RESEARCHED OROOF WILLOWOOD LANE SHOWN,W THE RCEPTION FND.CONC. (60'ROW) OF THOSE PLATTED. CO DON. (CALL 589'53'00'W 120.00) W BRASS PIN END 569'49'5414 120.04' END 1/2' K L PIPE • " LEGEND POWER POLE 82 ©OOM �ID GUY ANCHOR U WOOD FITNCE S —cur=CHAIN LINK FENCE n —a —WELDED WIRE FENCE _^ —DC—OVERHEAD ELECTRIC `41 I 1 1 ;;'^ Ir.,:•A GRAVEL b6 o$ BRICK $ 2 g I 0 I CONCRETE CALCULATED CORNER (GV.L 589'S3'00'YI 120.00') - UNABLE TO FIND OR SET 5/8• • ' SET CORNER DUE L ROD o FND 589 49 54"W 120.04' d To FENCE POST / -o�-oc olo -oc-oir-F-o[T-vc a;—x-x-f-olc-DC-Er--,• ,' —, 111rF I� :aJ� we—nc—Lac---oc— t'- CHAIN UAW FENCE POST •.:5'„1tF1Jt'Sf•,T6RC1C: .4'�::4,',':�`:t;.• ti.I1TIl1TY'FASEG¢TT••TT';1.=c 'Y0L:•f `PG.-6B'F'�'r'`I:•:.:' :.i Y~'•' '::1k71-1'.'855r�PG: `5'•:'w'•: F, - ,wt;�/PO.:'N2•::{: ..'V.••�`.'. •ARIL•;677.00.44?": d' I' 5'SIDE SETBACK 'y sob ...r�•• y'DfAC, y�;" �;.F', ::rr•• DRIG-r .'.Gw"'�`.l i / I VOL 655,PG,601 & dz O. F.A •`. .d :•. .. '17 I VOL 877,PG.442 a g I 8 0 BLOCK 17 O B2' ' 5'UTILITY EASEMENT bb �O 6 .61' DRJC Kitoyo� 1v,��, 7 ® • �b� / 30.2'' _ 091' '�31 W v .- •,o h,)� \ 1fr. co 68�, Rom '3• o r 4 n YY N METAL SHOP i3 R' o'Wo $C. 36.19. I �ib QS�• n ON PIERS n so 0z 2i E '*Ii '4. ` N, 302' 0.6Coi 0 - - st\\\�\. —I 1 n\c;\\. L \\•••�'\; 15 Milo sumac ro ::::� -- PER PLAT d: VOL 655,PG.NET DRJC VON�3 n- 99 .1 0 • CALCULATEDO ff 3 E a CORNER 14V U -�'� FND 5/8' - L ROD FND 1/2' exD�D ED FND N89°45'28"E 100.39' -qI. 0 (GALL N59'53'00'E 100.00) F161 N89'45'25T:120.44' ' PROTRUSION NOTF• (CALL N89'S3'OD'E 120.00') m METAL SHOP ON PIERS PROTRUDES FROM BLACKMON LANE 4.09'TO 4.34'ONTO A 5'UTILITY EASEMENT (60'ROW) 3015 BLACKMON LANE BEAUMONT,TEES 77703 TO THE OWNERS OF THE PREMISES SURVEYED Lot Number Fourteen (14),Block Number Seventeen AS OF THE DATE OF THE SURVEY: (17); MINGLEWOOD ADDITION to the My of Beaumont.Jefferson County,Texas,according to the I,TNHMAS S_RPYF DO HEREBY 001000Y THAT THIS SURVEY WAS THIS SAY MADE mop or plat of said adddion of record in Volume 7, ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED Page 70, Mop Records,Jefferson County,Tessa HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE RME OF THE SURVEY. Owner;Nor Martinez DATE SURVEYED. FEBRUARY 10,2021 Consur 5A0 a OF F\F�..�I In accordance m'th the Rood Hazard / /.•Y' o-EqRdr\ and niory Mop, to Deportment of Housing and Urban OevelopmenL • i a Panel No.y N35 485457 ,' iHOMA ) Panel OD0 C Dote of FIRM:08-06-02 9(�aP., i This property Fes In Zane'X'(whits). THOMAS S. - REGISTERED PROFESSIONAL LAN'- 81�, Location an map determined by stole on map. r,I • ..NO 30RVE- • Actual field elevation not detemdned. ......,- norMark Whiteley Lk Associates does not warrant sVVry11 ( subxn'be to the accuracy or ®/M\/1/A Zon of said mops. Zone'%'(white) ore areas determined to be outside 500-year flood plain. o DeARKWN(AELEYRASSOCIATES LLC GI ENGINEERIHGI LAND SURVEYING(PIPELINE SERVICES m miorturdot of rm,b on T0rA1 SURVEYING FIRM NO.101022001Ttoe E/1891FJSAa1G VOW NO.FOG= of/lark Fbore'd A 0.5010 11C and b rot to to o,WOO[A'RFamFNV.IP.A2.20 f.WOOS VT= r3kd or daviwe t.Ado r Card.?Lwl Ma.adM W t2.3.10 211 1WWASSGCroY rA,2021\21-114\21-114.DWG\ENAG /l'k>p'1Rn'a.dsdcbx Irc W EXHIBIT "A" 5 July 13, 2021 Approve the renewal of an annual maintenance agreement with SirsiDynix of Lehi, UT for use in the Libraries BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: July 13, 2021 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual maintenance agreement with SirsiDynix of Lehi, UT for use in the Libraries. BACKGROUND SirsiDynix is used in the Library System for maintaining records for circulation,cataloging,patron portal access, and other internal processing. This purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to modify and maintain the software. The software agreement provides twenty-four hours a day, seven days a week unlimited telephone support and offsite hosting. This agreement, in the amount of$75,892.06, is for an annual period beginning September 2021. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute the renewal of an annual Maintenance Agreement with SirsiDynix, of Lehi, Utah, the sole source having exclusive rights to modify and maintain the software for all of the City's library branches, in the amount of$75,892.06, for software support. 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 13th day of July, 2021. - Mayor Robin Mouton - 6 July 13, 2021 Conduct an election for Mayor Pro Tempore BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: July 13, 2021 REQUESTED ACTION: Conduct an election for Mayor Pro Tempore BACKGROUND According to the City Charter, "the City Council shall elect one of its members as Mayor Pro Tempore for a one year term." The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of the office, and, if a vacancy occurs, shall-become Mayor for the unexpired term. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT is elected Mayor Pro Tempore for a one (1) year term. 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 13th day of July, 2021. - Mayor Robin Mouton - 7 July 13, 2021 Consider authorizing a one-time payment to all full-time civilian employees and appointed officials in an amount equal to 2% of their base wages BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 13, 2021 REQUESTED ACTION: Council consider a resolution authorizing a one-time payment to all full-time civilian employees and appointed officials in an amount equal to 2% of their base wages. BACKGROUND On June 29, 2021, a discussion was held with City Council to discuss the details of a one-time payment to all full-time civilian employees (including Appointed Officials) in an amount equal to 2% of their base wages. Employees on the payroll will receive the payment. Employees making less than$50,000 per year in base wages will receive $1,000 less applicable payroll taxes,pension contributions and other related deductions. Civilian employees last received a 3% increase in October of 2019. Presently, there are approximately 770 full-time civilian employees that would receive this payment. Of that amount, approximately 558 of those civilian employees earn less than$50,000 per year. Sworn police and firefighters receive increases in accordance with their collective bargaining agreements. FUNDING SOURCE General Fund$790,000 Water/Sewer Fund$180,000 Solid Waste Fund $82,000 Hotel Tax Fund$18,000 Fleet Fund$42,000 RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on June 29, 2021 a discussion was held with City Council to discuss the details of a one-time payment to all full-time civilian employees (including appointed officials) in an amount equal to 2% of their base wages; and, WHEREAS, full-time civilian employees making less than $50,000 per year in base wages would receive a one-time payment of $1,000 less all applicable payroll taxes, pension contributions and other related deductions; and, WHEREAS, civilian employees last received a 3% increase in October of 2019; 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 a one-time payment will be issued to all full-time civilian employees and appointed officials in an amount equal to 2% of their base wages; and; BE IT FURTHER RESOLVED THAT full-time civilian employees making less than $50,000 per year in base wages will receive a one-time payment of $1,000 less all applicable payroll taxes, pension contributions and other related deductions. 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 13th day of July, 2021. - Mayor Robin Mouton - 8 July 13, 2021 Consider a resolution to direct the designated officer to calculate the voter-approval tax rate in the manner provided for a special taxing unit BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer 4 MEETING DATE: July 13, 2021 REQUESTED ACTION: Council consider a resolution to direct the designated officer to calculate the voter-approval tax rate in the manner provided for a special taxing unit. BACKGROUND As discussed in a budget workshop on June 23, 2020, Senate Bill 2 changed the property tax rate setting process. Under the old law,you calculated an effective rate (tax rate which would generate the same amount of revenue as the prior year on the same property) and a roll-back rate (effective rate plus 8%). Setting a tax rate above the roll-back rate would allow the citizens to petition for an election on the tax rate. Under the new law, the effective rate is known as the"no new revenue rate" and the roll-back rate is known as the"voter-approval rate."Now,the voter- approval rate can only be 3.5% above the no new revenue rate without triggering an automatic election on the November uniform election date. If the tax rate triggers an automatic election, one that exceeds the 3.5 %voter-approval rate,then the deadline to adopt the budget and tax rate would be the first week in August, 2021 (90 days before the election). Senate Bill 2 contains a disaster provision that permits a city to direct a designated officer or employee to calculate the voter-approval rate using 8% rather than 3.5% if any part of the city is located in a disaster area during the current tax year. This provision precludes any mandatory election and allows a city to calculate the tax rate as if they were a special taxing unit. By opting into this provision, the date to adopt the budget and tax rate are not dependent upon the uniform election date and can go back to normal schedules. Having the additional time to evaluate the effects of COVID-19 on the City's finances will give us the ability to make more accurate projections of revenues and expenditures which will determine beginning fund balances for next year's budget. Also, opting into this provision will give the council the flexibility of setting a tax rate up to 8% above the no new revenue rate. On February 19, 2021, a disaster declaration was proclaimed for the entire state of Texas declaring that the Texas Winter Storm constituted a major disaster declaration. As a result of the disaster declaration, staff recommends that the city opt into the disaster provision of Senate Bill 2 as specified in Section 26.07 of the Texas Tax Code. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS DIRECTING THE DIRECTOR OF FINANCE OF THE CITY OF BEAUMONT TO CALCULATE THE VOTER-APPROVAL TAX RATE OF THE CITY OF BEAUMONT IN THE MANNER PROVIDED FOR A SPECIAL TAXING UNIT BY USING AN 8% THRESHOLD FOR NEW REVENUE INSTEAD OF 3.5% AS AUTHORIZED BY TEXAS TAX CODE SECTION 26.04(C-1) DUE TO THE GOVERNOR'S STATE-WIDE DECLARATION OF DISASTER IN RESPONSE TO THE 2021 TEXAS WINTER STORM; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on February 14, 2021, the President of the United States issued a declaration of an emergency for the State of Texas relating to the 2021 Texas Winter Storm; and, WHEREAS, on February 12, 2021, the Governor of the State of Texas declared a disaster in every Texas county due to the 2021 Texas Winter Storm; and, WHEREAS, the 2021 Texas Winter Storm has impacted the City of Beaumont and the City Council foresees that an increased expenditure of money by the City of Beaumont will be necessary to respond to the disaster; and, WHEREAS, as a result of the disaster declaration, an election is not required under Section 26.07 of the Texas Tax Code to approve the tax rate adopted by the Beaumont City Council for the year following the year in which the disaster occurred; and, WHEREAS, the City of Beaumont imposed the "additional sales and use tax" to which Section 26.041 of the Texas Tax Code refers; and, WHEREAS, as a result of the foregoing, Section 26.041(c-1) of the Texas Tax Code authorizes the City Council of the City of Beaumont to direct the designated officer or employee to calculate the voter-approval tax rate of the City of Beaumont in the manner provided for a special taxing unit; and, WHEREAS, Section 26.04(c-1) of the Texas Tax Code provides that the officer or employee continue calculating the voter approval tax rate in the same manner until the earlier of (1) the second tax year in which the total taxable value of property taxable by the City of Beaumont as shown on the appraisal roll for the City of Beaumont submitted by the tax assessor for the City of Beaumont to the Beaumont City Council exceeds the total taxable value of property taxable by the City of Beaumont on January 1 of the tax year in which the disaster occurred, or(2) the third tax year after the tax year in which the disaster occurred; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. The City Council finds that the recitals above are true and they are hereby adopted as a matter of public record. The recitals shall become a part of the legislative history pertaining to the adoption of this resolution and shall serve to document the extraordinary circumstances existing at the time of its approval. Section 2. The Finance Director of the City of Beaumont, as the designated officer of the City of Beaumont, is directed to calculate the voter-approval tax rate of the City of Beaumont in the manner provided for a special taxing unit as provided in Chapter 26 of the Texas Tax Code. Section 3. As set forth in Texas Tax Code Section 26.04(c)(2)(A), the voter- approval rate for a special taxing unit is the city's maintenance and operations rate times 1.08 plus the current debt rate. Section 4. The Finance Director or his successor shall continue calculating the voter-approval tax rate in the manner provided by this resolution until the earlier of: (1) the second tax year in which the total taxable value of property taxable by the City of Beaumont as shown on the appraisal roll for the City of Beaumont submitted by the tax assessor for the City of Beaumont to the Beaumont City Council exceeds the total taxable value of property taxable by the City of Beaumont on January 1 of the current tax year; or (2) the third tax year after the current tax year. Section 5. This resolution shall be in full force and effect from and after its passage. 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 13th day of July, 2021. - Mayor Robin Mouton - Attest: City Clerk 9 July 13, 2021 Consider approving a proposal submitted by Construction Managers of Southeast Texas, LLC to replace the roof system at the Fleet Fire Maintenance Shop located at 1125 Archie Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Director MEETING DATE: July 13, 2021 REQUESTED ACTION: Council consider a resolution approving a proposal submitted by Construction Managers of Southeast Texas, LLC to replace the roof system at the Fleet Fire Maintenance Shop located at 1125 Archie Street. BACKGROUND Pricing was obtained from Construction Managers of Southeast Texas, LLC utilizing the TIPS Contract#200201 procurement process. TIPS (The Interlocal Purchasing System)provides municipalities with the means to purchase construction services at competitive prices contracted under the procurement statues of the State of Texas. The cost to replace the entire built-up roof system, wood deck repairs and replacement of siding removed due to asbestos containing materials, including the proposed scope of work listed on the contractor's proposal, will be $200,675.00. The Fleet Fire Maintenance Facility was originally constructed in 1972. The existing roof system has reached the end of its useful life expectancy and is experiencing multiple leak issues. As a result of the roof leaks, areas of the existing wood decking are deteriorating and in need of repairs. This project is necessary to protect the structural integrity of the facility and ensure that the facility can serve the City's needs for several more years. To ensure that the Fire Department fleet of vehicles are maintained and ready when needed,this facility is a critical component to the City's Fire Department. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. Construction Managers • of 5otthOas TEMEIB, LLC 225 HIGHWAY 365—PORT ARTHUR,TEXAS 77640—PHONE (409) 736—9010—FAX(409)7369020 June 24,2021 Jimmy Bevilacqua Project Coordinator 1848 Pine St. Beaumont, TX 77704 Re: Fire Fleet Maintenance Building 1125 Archie Beaumont,TX TIPS Reference#: 200201 Jimmy: Please see below our proposal for the Fire Fleet Maintenance Building Repairs on 1125 Archie St. Scope of Work: 1.Remove existing gravel with spud machine down to vapor barrier over wood deck and remove all gravel off site. 2.Sweep clean existing surface to be roofed. 3.Install overflow scuppers at drain cutting notch out of angle—4-inch-wide and two-inch-deep at each drain to meet drainage standards. 4.Install tapered insulation between drains to make crickets to allow equal waterflow to each drain. ISO insulation will be fully adhered with DuroLast CR20 board max alybond adhesive in ribbon pattern. 5.Tnstall 'h Dens deck fully adhered with DuroLast CR20 board max in ribbons cover the entire surface of roof. 6.Tnstall DuroLast 80 mil fully adhered to dens deck with CR20 water base adhesive over entire roof surface. 7.Install pre-molded pipe boots, drain boots,wall flashing,term bar, etc.welded to roof surface. 8.Tnstall new facial flashing two piece with cleat and snap on facial—color to match beams. 9.Approximately 100' of wall repairs. 10. Cover windows with metal panels and flashings 11. Deck Repairs as listed on the project drawings sheets A-1 thru A-3. Cost for scope identified above: $200,675.00 Sincerely, Construction Managers of Southeast Texas, LLC Jose Cardenas Project Manager RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of construction services from Construction Managers of Southeast Texas, LLC, of Port Arthur, Texas, for replacement of the roof system at the Fleet Fire Maintenance Shop located at 1125 Archie Street, in the amount of $200,675.00, through The Interlocal Purchasing System (TIPS) Cooperative Purchasing Program. 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 13th day of July, 2021. - Mayor Robin Mouton - 10 July 13, 2021 Consider approving a proposal submitted by Marsh Waterproofing, Inc. for the restoration and tuck-pointing of the Jefferson Theater south side brick masonry façade BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Director MEETING DATE: July 13, 2021 REQUESTED ACTION: Council consider a resolution approving a proposal submitted by Marsh Waterproofing, Inc. for the restoration and tuck-pointing of the Jefferson Theater south side brick masonry facade. BACKGROUND Pricing was obtained from Marsh Waterproofing Inc. utilizing the current Maintenance Contract between Marsh Waterproofing and the City of Beaumont. The Repair and Maintenance Contract allows Marsh Waterproofing, Inc., at the request of the Facilities Maintenance Department,to perform maintenance and repair to City owned facilities on a time and material basis as set forth in the Maintenance Contract. The Repair and Maintenance Contract was approved by the City Council on December 17, 2019,by Resolution No. 19-291. The cost for the restoration and tuck-pointing of the south wall, including the proposed scope of work listed on the contractor's proposal, will be a not to exceed amount of$74,000.00. The south wall of the Jefferson Theater is experiencing water intrusion through the exterior masonry facade. The continual intrusion of moisture through the masonry wall will cause further deterioration of the mortar joints and can result in the failure of the structural integrity of the solid masonry wall. This project would be a continuation of the City's effort to ensure that the Theater's structural integrity and the interior components are protected. The current east side masonry restoration project is being performed by Marsh Waterproofing, Inc. and Facilities Maintenance recommends utilizing the services of Marsh Waterproofing, Inc. on the south wall to ensure that the same quality of work is continued on the south wall and the visual aspect of the two walls appear the same. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. Sp gBuilding ecializing in Restoration Physical Address: I '~ Mailing Address: 240 South Main St.Suite#2 f P.O.Drawer 968 Vidor,TX 77662 _ Vidor,TX 77670-0968 } 1 Ph#409-769-0459 Toll free:1-866-251-0234 Fax#409-769-1682 Email: mwaterproofing@aol.com June 29, 2021 City of Beaumont Jefferson Theater—South Side Restoration Scope of Work: Restoration of South Side Brick Masonry Façade 100%Tuck-pointing 1. Carefully remove mortar with mortar saws or hand held grinder approx. 3/4 to one-inch depth. 2. Rinse or air blow joints to remove all dirt, dust and loose particles of mortar. 3. Dampen all joints before painting starts. 4. Point all joints with historical lime mortar to match original in color and texture in intervals to prevent shrinkage or cracking until full flush to surface of brick faces. 5. Aster sections are completed, dam cure 24 hours with mist spray of water or wet burlap. 6. After work is completed in sections, clean brick surfaces to remove mortar film. Acceptable Mortars—Edison Coating, Cathedral Stone, Virginia Lime Works All Mortars are pre-mixed and packaged for consistency. Approx. 6500 square feet Price: $74,000.00 Signature Respectfully Submitted, Tim Marsh Marsh Waterproofing RESOLUTION NO. WHEREAS, on December 17, 2019, the City Council of the City of Beaumont, Texas passed Resolution No. 19-291 for a contract with Marsh Waterproofing, Inc., of Vidor, Texas, in an estimated amount of$92,940.00 for maintenance and repair services; and, WHEREAS, the contract allows Marsh Waterproofing, Inc., of Vidor, Texas, at the request of the Facilities Maintenance Department, to perform maintenance and repair to City owned facilities on a time and material basis as set forth in the contract; and, WHEREAS, Marsh Waterproofing, Inc., of Vidor, Texas, submitted a proposal in an amount up to $74,000.00 for the restoration and tuck-pointing of the Jefferson Theater south side brick masonry facade located at 345 Fannin Street; and, WHEREAS, City Council is of the opinion that the proposal submitted by Marsh Waterproofing, Inc., of Vidor, 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 proposal submitted by Marsh Waterproofing, Inc., of Vidor, Texas, in an amount up to $74,000.00 for the restoration and tuck-pointing of the Jefferson Theater south side brick masonry facade located at 345 Fannin Street be accepted by the City of Beaumont; and, 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 13th day of July, 2021. - Mayor Robin Mouton - • 11 July 13, 2021 Consider approving a six month contract for the purchase of sodium hydroxide for use by the Water Utilities Department BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 13, 2021 REQUESTED ACTION: Council consider a resolution approving a six(6)month contract for the purchase of sodium hydroxide for use by the Water Utilities Department. BACKGROUND Sodium hydroxide is used to purify the City's water supply. The Water Utilities Department expects to purchase approximately five hundred thirty two (532) dry tons of this material during the term of this contract. Formal bids were requested from nine vendors; four responded. DXI Industries, Inc. of Houston responded with a qualified bid of$558.42 per ton and a total estimated amount of$297,079.44. This represents a$130/ton or thirty percent (30%) increase in the price of this material over last contract. The increase is market wide from the manufacturers due to effects from COVID 19 and shortfalls in production due to key plant shutdowns for maintenance. Specifications allow for a six month contract with the option of two renewals of six month terms at the same pricing as the awarded contract. DXI Industries, Inc., has previously held this contract. There are no local vendors of this commodity. Bid tabulation is attached. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract, with the option of two (2) renewals of six (6) month terms at the same pricing as the awarded contract, for the purchase of Sodium Hydroxide for use by the Water Utilities Department; and, WHEREAS, DXI Industries, Inc., of Houston, Texas, submitted the lowest qualified bid meeting specifications for an estimated total expenditure of $297,079.44 in the unit amounts as shown in Exhibit "A," attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted by DXI Industries, Inc., of Houston, 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 DIX Industries, Inc., of Houston, Texas, for a six (6) month contract, with the option of two (2) renewals of six (6) month terms at the same pricing as the awarded contract, for the purchase of Sodium Hydroxide in the unit prices shown in Exhibit "A," attached hereto, for an estimated total expenditure of$297,079.44 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 DXI Industries, Inc., of Houston, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of July, 2021. - Mayor Robin Mouton - BE w U `ONr City of Beaumont Texas �►TEXAS Purchasing Division Bid Tabulation Bid Name: Six(6)Month Contract for Water Treatment Chemicals-Sodium Hydroxide(Caustic Soda) Bid Number: TF0621-27 Bid Opening: Thursday,July 1,2021 Contact Person: Terry Welch,Purchasing Manager to rrv.welchebea umonttexas.aov Phone 409-880-3107 Vendor *TR International Trading Co. DXI Industries,Inc Univar Solutions City/State Edmonds,Wa Houston,Tx Kent,Wa Phone or Fax No. Karen.wheaton(atrichemicals.com 281-457-4807 253-872-5041 • m QTY Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price = ITEM DESC (TONS) 1 Sodium Hydroxide 532 $342.50 $182,210.00 $558.42 $297,079.44 $640.00 $340,480.00 LJJ TOTAL BID $182,210.00 $297,079.44 $340,480.00 Vendor Brenntag Southwest,Inc City/State Houston,Tx Phone or Fax No. 713-450-4699 QTY Unit Price Extended Price ITEM DESC (TONS) 1 Sodium Hydroxide 532 _ $719.00 $382,508.00 TOTAL BID $382,508.00 * Denotes bidder did not meet specifications.Bidders actual price bid for material delivered as requested is$673.00 per Dry Ton delivered for an actual six month cost of$358,036. NOTE: Qualified low bidder is DXI Industries, Inc.as Highlighted in Bold. 12 July 13, 2021 Consider approving a depository agreement with Allegiance Bank BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 13, 2021 REQUESTED ACTION: Council consider a resolution approving a depository agreement with Allegiance Bank. BACKGROUND The current depository agreement with Wells Fargo Bank expires on September 30, 2021, and all options to renew have been exhausted. In accordance with the requirements set forth in Chapter 105 of the Texas Local Government Code,the City has undergone the process of Bank Depository Service Request for Applications (RFA), including the preparation of the RFA, responding to questions, analyzing the responses and making a recommendation as to the best value for the City. As required, notice for applications were published in a local paper and RFA's were sent to fourteen(14) local banks and only two RFA's were received: Allegiance Bank and Wells Fargo Bank. After analyzing the responses,Allegiance Bank was determined to be the best value to the City. Both responding banks exhibit the financial strength required to serve the City,but Allegiance Bank excels in the areas of fee structure, interest earnings and services provided. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the proposal of Allegiance Bank for banking services is hereby accepted and the City Manager be and he is hereby authorized to execute a depository agreement with Allegiance Bank for the period commencing October 1, 2021 to September 30, 2023. The contract may be renewed for three (3) additional one (1) year periods by mutual consent of both parties. 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 13th day of July, 2021. - Mayor Robin Mouton - 13 July 13, 2021 Consider authorizing the purchase of a replacement generator for the Loeb water well site BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 13, 2021 REQUESTED ACTION: Council consider a resolution authorizing the purchase of a replacement generator for the Loeb water well site. BACKGROUND In 2017,the back-up power generator located at the City's Loeb water well site in Lumberton was destroyed by flooding from Hurricane Harvey and is in need of replacement to insure a continuous power supply during operations. Pricing for a replacement 1250 KW diesel generator was obtained from Mustang Cat of Houston who is a sole source provider of the replacement generator with a total cost of$464,990. FUNDING SOURCE Federal Emergency Management Agency (FEMA) in the amount of$399,060.; Harvey Recovery Fund in the amount of$65,930. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a replacement 1250 kW diesel generator set for use by the Water Utilities Department at the Loeb water well site from Mustang Cat, of Houston, Texas, a sole source vendor, in the amount of$464,990.00. 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 13th day of July, 2021. - Mayor Robin Mouton - PUBLIC HEARING * Receive comments on the proposal to establish the Arbor Reinvestment Zone 14 July 13, 2021 Consider approving an ordinance establishing the Arbor Reinvestment Zone for the purpose of offering economic incentives BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager • PREPARED BY: Chris Boone, Director of Planning& Community Development MEETING DATE: July 13, 2021 REQUESTED ACTION: Council conduct a Public Hearing to receive comments on the proposal to establish the Arbor Reinvestment Zone and approve an ordinance establishing the Arbor Reinvestment Zone for the purpose of offering economic incentives. BACKGROUND Under Texas law, cities are allowed to offer a variety of economic development incentives in order to attract new development as well as encourage the expansion and upgrading of existing industries. One important incentive that a city can offer is a tax abatement under Chapter 312 of the Texas Tax Code which allows for abatement of taxes in exchange for substantial capital investment and job creation. Cities wanting to offer tax abatements must do so in accordance with an adopted Tax Abatement Policy and the abatement must occur within an established Reinvestment or Enterprise Zone. The City's Tax Abatement Policy was last approved in August, 2020. Arbor Renewable Gas recently approached the City, seeking incentives for a potential four (4)phase investment totaling $1.15 billion in the creation and maintenance of their facility. The initial investment is estimated to be $325 million while creating 20 permanent employees and approximately 300 construction jobs. With key infrastructure and product demand along the Gulf Coast,the company could build an additional three (3)units at the same site, for approximately$275 million investment each, with an additional 12 permanent employees at each of the three (3)units. In regard to the successive investments, this project could be a total estimated investment of$1.15 billion. In order to consider this abatement at a future meeting,the Administration is proposing the establishment of the Arbor Reinvestment Zone for the purpose of commercial and industrial tax abatements. The boundaries of the proposed Zone are attached and, in accordance with Chapter 312 of the Tax Code, the designation of this area will likely result in the retention or expansion of primary employment and major investment. Once the Zone has been established, any abatement requests would be presented to City Council for consideration. All area taxing entities have been notified of the proposal to designate this zone. FUNDING SOURCE Not applicable. RECOMMENDATION Council conduct the Public Hearing and approve the Ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE DESIGNATING AN AREA AS THE ARBOR REINVESTMENT ZONE PURSUANT TO THE TEXAS REDEVELOPMENT AND TAX ABATEMENT ACT (TEXAS TAX CODE, CHAPTER 312); PROVIDING TAX INCENTIVES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City of Beaumont endeavors to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in areas of the City; and, WHEREAS, Arbor Renewable Gas, LLC is seeking incentives for an investment for the creation and maintenance of its facility located between Highway 347 and Highway 69 South, approximately 145' north of the OCI Menthol Plant property; and, WHEREAS, it is necessary to establish a Reinvestment Zone for the purpose of commercial and industrial tax abatement before Arbor Renewable Gas, LLC is to be considered for incentives; and, WHEREAS, it is found to be feasible and practical and would be a benefit to the land to be included in the zone and to the City of Beaumont after the expiration of any agreement entered into pursuant to the Property Redevelopment and Tax Abatement Act; and, WHEREAS, to further this purpose, it is in the best interest of the City of Beaumont to designate the area described in Exhibit "A" and shown on Exhibit "B" as the Arbor Reinvestment Zone pursuant to the Texas Redevelopment and Tax Abatement Act (Texas Tax Code, Chapter 312); and, WHEREAS, the zone is eligible for Commercial-Industrial tax abatement; and, WHEREAS, the area being designated is reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the City of Beaumont; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. That the City Council hereby designates the area described in Exhibit A and shown on Exhibit "B," attached hereto and incorporated herein for all purposes, as the Arbor Reinvestment Zone (herein referred to as the "Zone"). Section 3. That the City Council finds that the Zone meets the criteria contained in the Texas Redevelopment and Tax Abatement Act (Texas Tax Code, Chapter 312). Section 4. That the City Council finds that the designation of the reinvestment zone would contribute to retention or expansion of primary employment in the area and/or would contribute to the attraction of major investments that would be a benefit to the property and would contribute to the economic development of the municipality. Section 5. That the City Council may provide certain tax incentives applicable to business enterprises in the Zone, which are not applicable throughout the city, as allowed for in the Act. Section 6. That the City Council has established certain guidelines and criteria governing tax abatement agreements and is therefore eligible to participate in tax abatement. Section 7. That a public hearing to consider this ordinance was held by the City Council on July 13, 2021. Section 8. That this ordinance shall take effect from and after its passage as the law and charter provide. Section 9. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 10. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of July, 2021. - Mayor Robin Mouton - 1 LEGAL DESCRIPTION OF PROPOSED SITE Being 53.54 acres of land, part of Tract H-2 of Partition Map No. 2 of the McFaddin Trust in the Pelham Umphries Survey,Abstract No. 32, recorded in Volume 7,page 133 of the Map Records of Jefferson County, Texas; being part of Tract No. H-2 of multiple tracts of land recorded in Volume 692,page 22,of the Deed Records of Jefferson County,Texas; said 53.54 acre tract being more fully described by metes and bounds as follows,to wit: BEGINNING at a brass disc found in concrete for the Northeasterly corner of a(called 7.595)acre tract of land conveyed to E. I. Du Pont De Nemours & Company, recorded in Volume 845,page 48 of the Deed Records of Jefferson County, Texas; said brass disc being on the Westerly right- of-way line of a dedicated road named State Highway 347 (a.k.a. Twin City Highway); also being the Southeasterly corner of the herein described tract; having a State Plane Coordinate of N: 13948984.10,E: 3538676.65; THENCE, South 39 deg., 09 min., 57 sec., West, on the Northerly line of the (called 7.595) acre tract, a distance of 2171.12' to a 1/2" steel rod, capped and marked "S&P", found for the Northwesterly corner of the (called 7.595) acre tract on the Easterly line of a (called 50.84) acre tract of land conveyed to Gulf States Utilities Company,recorded as Tract 3 in Volume 370, page 38,Deed Records of Jefferson County, Texas; said'A"steel rod being the Southwesterly corner of the herein described tract having a State Plane Coordinate of N: 13947300.78, E: 3537305.44; THENCE, North 52 deg., 25 min., 13 sec., West, on the Easterly line of the (called 50.84) acre tract, a distance of 937.65' to a '/2" steel rod, capped and marked "SOUTHEX", set on the intersection of the Easterly line of the (called 50.84) acre tract and the Easterly right-of-way line of a dedicated road named US Highway 69, 96,287; THENCE, North 27 deg., 32 min., 46 sec., West, on the Easterly right-of-way line of said US Highway 69, 96, 287, a distance of 134.93' to a %2" steel rod found for the Northwesterly corner of the herein described tract; THENCE, North 38 deg., 32 min., 42 sec., East, a distance of 2128.07' to a 5/8" steel rod found for the Northeast corner of the herein described tract on the Westerly right-of-way line of said State Highway 347;from which a TxDOT concrete monument found bears North 51 deg.,23 min., 57 sec., West, a distance of 4.29'; THENCE, South 51 deg., 40 min., 07 sec., East on the Westerly right-of-way line of said State Highway 347, a distance of 1084.41' to the POINT OF BEGINNING and containing 53.54 acres of land, more or less. EXHIBIT "A" PROPOSED SITE LOCATION 11 a. ( W_007., / sir, Y, f,,:7 :i:- UY ft{E itl t Y'iIP` t Ttlk s 4Yfii ,P• iiitJ •L;la k Island'\ ...I *- 0 1-'' i .7..... ., •_.11.4 ,r,[,,,, ..,., .". t . N. ,if ' •ifU4:i. • t Eir *'. :4) .. • • N.••11!••'''. .c.if, • " ,,..• � / - «.�,��4. ,4, .., .4' JCS , .(="' q r• {fir,. - 1 r. 1. - ill'," et 1 t 1 t 1 .! vI?;IIf. .• y Fir , .' .,,t fir: ,.. ® � , ''"►', �"'.- .;--• L. „�� . ` " u*- - 1 •Ce.r_'itrafj_Ga��y Er{?st-; °' . •a.♦.1 - � ?& I__Ti ` 7• a• -* . ;ram+ `V' '{\,� �'�,, a. :4. k' , - Af �.F . te V !'� ti #* l' cis F i i • a':.. f,.-_ r� Y t ,1► 'x'11 +r' •Aiffw% •_ •_4r toll',,- . ... • . • •• ' • ; 4�„ F r tt =;.•.n3. 27i1CrtSt{ Yy 1 -' A. ♦ iiiket: 1.., iC �Y. y'Yl♦t. •i.•t! -� -y�1 y, "+ If. K - - ♦ Yax ft �,•, +,..� ■,-�•. 'J- ......2 �. w'!� y' x- L�.Iowa _i r •, .0 r - f 1.e_�v''z�.:• �� `s .*aY r , •r ,"jit 3-L�['�/1 ., _. m R� s.! •'.!- • it rGL:• . j .4'j1 • y�/y' �:1'1`_�-,r`.. ti �+ S I-,Y 1..,,,y • ` . l;'' �.57 ' ` .lCi �-'{n 'G-.=a +(,�� ._{�"[' t �_=1'�i ' ""wr T •- M' li +�-' '1 ', . •' hA Y ' ,,.. LI' _3, I S L`a. �� EXHIBIT "B"