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HomeMy WebLinkAbout07/27/2021 PACKET BEAUM© NT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JULY 27,2021 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on Items 1-9 and Items 14-16 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.) Brian Nepveux would be appointed to the Community Development Advisory Committee. The term would commence July 27, 2021 and expire September 30,2021. (Councilmember Mike Getz) 1. Approval of the July 20, 2021 City Council Meeting Minutes 2. Approve a contract for painting and related services in various city facilities 3. Approve a Management Agreement with the Beaumont Council of Garden Club for the Beaumont Botanical Gardens located at 5520 Babe Zaharias Drive 4. Authorize the City Manager to execute Change Order No. 2,to the contract with Viking Painting, LLC for the West Elevated Storage Tank Rehabilitation Project 5. Authorize the City Manager to execute documents to receive supplemental funding through the Department of Homeland Security Grant Program 6. Authorize the execution of a new Mutual Aid Agreement with the local governmental entities within the South East Texas Regional Planning Commission region 7. Amend Resolution 21-162 to include the authorization of a one-time payment to the two Assistant Police Chiefs and the Assistant Fire Chief in an amount equal to 2% of their base wages 8. Approve a payment to Jefferson County related to the 800 MHz radio system REGULAR AGENDA 9. Consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main Street 10. Consider a request for a Specific Use Permit to allow a sports bar in a GC-MD (General Commercial—Multiple-Family Dwelling) District located at 2455 S. 1 Ps Street 11. Consider a request for a Specific Use Permit to allow a drive-thru Daiquiri shack or bar in a GC-MD (General Commercial—Multiple-Family Dwelling) District located at 5305 College Street 12. Consider a request for a Specific Use Permit to allow for a beauty/spa salon in a GC-MD-2(General Commercial—Multiple-Family Dwelling—2) District located within the 6500 block of Delaware Street 13. Consider a request for a Revised Specific Use Permit to allow condominiums in a GC-MD-2 (General Commercial—Multiple-Family Dwelling—2) District located at 4515 N. Major Drive 14. Consider amending Section 20.03.003 of the Code of Ordinances that would change the speed limits on College Street(U.S. Hwy 90) DISCUSSION ITEMS 15. Review and discuss water and sewer rates 16. Review and discuss garbage collection rates COMMENTS * Public Comment(Persons are limited to 3 minutes) * Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE, SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of L&L General Contractors Claim of Enterprise Rent-A-Car Claim of Christopher Shaw 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. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Appointment Commission Beginning of Expiration of Term Term Brian Nepveux Community 07/27/2021 09/30/2021 Development Advisory Committee 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 27th day of July, 2021. - Mayor Robin Mouton - I July 27,2021 Approval of the July 20, 2021 City Council Meeting Minutes BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: July 27, 2021 REQUESTED ACTION: Council consider approval of the July 20, 2021 City Council Meeting Minutes. BEAUM© NT T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert"A.J."Turner Jr.,At-Large ROBIN MOUTON, MAYOR Randy Feldschau At-Large Taylor Neild,Ward I CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel, Mayor Pro Tem JULY 20, 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 July 20, 2021, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call • Presentation and Recognition Public Comment: Persons may speak on items 1-8 * Consent Agenda Mayor Pro Tem Samuel called the council meeting to order at 1:30 p.m. Father Steve Leger with St. Jude Thaddeus Catholic Church gave the invocation. Councilmember Feldschau led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Pro Tem Samuel, Councilmembers Durio, Getz, Turner and Feldschau. Absent: Mayor Mouton, Councilmember Neild and City Attorney Tyrone Cooper. Also, present were Kyle Hayes, City Manager; Sharae Reed, 1s' Assistant City Attorney; and Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on items 1-8 None CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered noncontroversial. 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 July 13, 2021, City Council Meeting Minutes 2. Authorize the City Manager to execute Change Order No. 4, to the contract with Shaver Construction & Contracting Services, LLC d/b/a Silverback Services — Minutes—July20,2021 Resolution 21-169 3. Authorize the City Managerto receive supplemental funding through the Department of Homeland Security Grant Program — This item was deferred 4. Approve rejecting all bids received for the Manual Flush Out Installation Contract— Resolution 21-170 5. Authorize the City Manager to execute all documents necessary to enter into a Memorandum of Understanding (MOU) between the Department of State Health Services(DSHS) and the Beaumont Public Health Department(Clinic)—Resolution 21-171 Councilmember Getz moved to approve the Consent Agenda deferring item #3. Councilmember Durio seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER AND FELDSCHAU NAYS: NONE MOTION PASSED GENERAL BUSINESS 6. Consider approving contracts for emergency standby products,services and debris removal. Request For Proposals were requested from nine vendors for a pre-positioned emergency standby products, services, and debris removal contract to provide the City with the resources needed in an emergency event. Seven responses were received. Specifications allow for the contract to be awarded to one or more vendors as determined by the City on a primary, secondary, and tertiary basis. The contract will be awarded for a three-year term with the possibility of two additional one-year extensions. Vendors were required to have performed at least three debris removal and disposal operations of at least 1,000,000 cubic yards, with two of those operations performed as the prime contractor in the last seven years. Bidders were also asked to provide information outlining their company's background, organizational chart, list of subcontractors, technical experience, financial resources, training and professional experience, references, and mobilization plans. After evaluation by City staff, it was determined that the company offering the best value to the city was DRC Emergency Services, LLC. of Galveston, Texas. They have a background in disaster debris management and the financial resources to insure, that the emergency standby products and subcontractors will be available to the City in the event of a disaster. DRC Emergency Services is recommended as the City's primary contractor. A secondary contract with CrowderGulf, LLC. of Mobile, Alabama is recommended and would be utilized in the event DRC could not provide the requested products and services. This vendor also has the financial resources and the background to provide the products and services should it be required. In addition, a contract with a third vendor, Ashbritt Inc., of Deerfield Beach, Florida is recommended as the tertiary contract in the event additional Minutes—July 20,2021 disaster services are required. The budgetary impact of awarding these contracts is contingent upon the occurrence of a declared disaster and the degree of resources needed at that time. Approval of the resolution. Councllmember Feldschau moved to APPROVE A RESOLUTION THAT THE PROPOSALS SUBMITTED BY DRC EMERGENCY SERVICES, LLC, OF GALVESTON, TEXAS (PRIMARY), CROWDERGULF LLC. OF MOBILE,ALABAMA(SECONDARY)AND,ASHBRITT,INC.,OF DEARFIELD BEACH,FLORIDA(TERTIARY), FORTHREE(3)YEAR CONTRACTS FORFURNISHING EMERGENCY STANDBY PRODUCTS,SERVICESAND DEBRIS REMOVAL,AS NEEDED,WITH TWO(2)ONE(1)YEAR RENEWAL OPTIONS AND THATTHE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CONTRACTS WITH DRC EMERGENCY SERVICES,LLC,OF GALVESTON,TEXAS;CROW DERGULF,LLC,OF MOBILE,ALABAMA;AND ASHBRITT, INC., OF DEERFIELD BEACH, FLORIDA. Councllmember Getz seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER AND FELDSCHAU NAYS: NONE MOTION PASSED Resolution 21-172 7. Consider authorizing the City Manager to award a contract to SETEX Facilities & Maintenance, LLC for the Pine Street Caustic Tank Emergency Replacement Project. The Pine St. Caustic Tank Emergency Replacement Project will replace a bulk caustic chemical storage tank at the City of Beaumont's Pine Street Water Treatment Plant. The work includes related structural and electrical improvements for operation of the proposed storage tank. An existing caustic tank is failing and must be replaced. Pricing was obtained from SETEX Facilities& Maintenance, LLC through Choice Partners, a cooperative purchasing association providing cities and political subdivisions with the means to utilize services at competitively bid pricing. Choice Partners complies with State of Texas' procurement statutes. Based on a review of the quote, the Water Utilities staff recommends awarding the projectto SETEX Facilities & Maintenance, LLC in the amount of$102,301.60. A total of thirty (30) calendar days are allocated for the completion of this project. Funds will come from the Capital Program. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE PROPOSAL OF SETEX FACILITIES AND MAINTENANCE, LLC, OF BEAUMONT, TEXAS FOR THE PINE STREET CAUSTIC TANK EMERGENCY REPLACEMENT PROJECT IS HEREBY ACCEPTED AND THAT THE CITY MANAGERBEAND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH SETEX FACILITIES AND MAINTENANCE,LLC, OF BEAUMONT,TEXAS,FOR THE PINE STREET CAUSTIC TANK EMERGENCY REPLACEMENT PROJECT, Minutes—July 20,2021 IN THE AMOUNT OF $102,301.60, THROUGH THE CHOICE PARTNERS COOPERATIVE PURCHASING PROGRAM. Councllmember Turner seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER AND FELDSCHAU NAYS: NONE MOTION PASSED Resolution 21-173 DISCUSSION ITEM 8. Review and discuss issuing Certificates of Obligation for street and drainage projects and improvements. Kyle Hayes, City Manager reviewed and discussed issuing Certificates of Obligation for street and drainage projects and improvements. The City Manager presented Council with three options: Option One • PROJECT ESTIMATE Street Rehab $16 Million Citywide Ditching Program $ 4 Million Storm Water Point Repairs $ 2 Million Threadneedle Storm Water Line $ 4 Million Total $26 Million Option Two • PROJECT ESTIMATE Street Rehab $20 Million Citywide Ditching Program $ 4 Million Storm Water Point Repairs $ 2 Million Threadneedle Storm Water Line $ 4 Million Total $30 Million Option Three PROJECT ESTIMATE Street Rehab $16 Million Citywide Ditching Program $ 4 Million Storm Water Point Repairs $ 2 Million Threadneedle Storm Water Line $ 4 Million 41h Street Asphalt Overlay $ 7 Million Total $33 Million Minutes—July2D,2021 Council agreed upon option three and asked that this item come back to Council as an action item to vote on. COMMENTS * Public Comments (Persons are limited to three minutes) Sherri Jefferson 4785 Lufkin St. Beaumont TX Stated that on last week her husband came to the meeting with boxing gloves on, she's here today to say thank you to Mayor Mouton in her absence, Councilmember Turner and Mr. Mike Harris for coming together to help them solve the dilemma concerning sewage in the North End, stated to Mayor Pro Tern Samuel that she's talked with him many times over the phone and in his absence on last week everyone came together to help try and solve the problem and wanted to thank them in person Louis Vaughn 9615 Mapes Beaumont TX Spoke to Council regarding quality of life, also spoke on the Jefferson County/City of Beaumont landfill, stated that the landfill is equivalent to unrefined gold, in his study with LMOP (Landfill Methane Outreach Program) which helps city's with projects to turn landfills into cash, stated that he brought this up on December 11, 2011, the city had an opportunity to participate in this project and had the city participated the city would have received $40 million dollars, the city would have received a stipend of $400,000 thousand a year or received the fuel that would have been turned over and regenerated from the landfill,the city has gold in the landfill, Austin TX, is making money because they are doing a quality of life, the City of Beaumont isn't doing that for whatever reason, stated that the next time he speaks he will talk about the fact of recycling and how much money can be made from recycling, stated that in Vermont they are making tons of money on garbage and doesn't understand why we aren't here in Beaumont when it doesn't cost the city anything Brian Nepveux 6955 Shanahan Beaumont TX Spoke to Council regarding the Dowel Road extension, stated that everyone has agreed that the city does need more jobs to expand the city's quality of life, stated that for an extra $10 million to start the first phase of the extension which would pay for it's self with a 20 year loan, believes that the tax base would outweigh that and the city would have a net positive return on the investment, there would be more Costco's and restaurants which would create new jobs and maybe even housing in that area, stated that there's been the Delaware extension as well as the new extension around the mall, asked that staff look at the figures, he would love to know what those numbers are and compare what phase one would be, let's go for it Thefarro Richard 5275 Parkview Dr. Beaumont TX Stated that she had one request, wanted to know if the city could please buy back Concord Homes so that there could be a place for the homeless, she has witnessed some horrible things that are unbelievable especially for some of the homeless women, noticed that about 75% of the homeless people that she's encountered are dealing with some type of mental illness, there are so many vacant buildings downtown that could be used to house our homeless, asked that everyone adopt one homeless person and care for them Minutes—July 20,2021 Nicholas Hunger 9155 Mapes Beaumont TX Thanked Council for having the courage to push forward with the ideas to grow Beaumont, stated that he's been hit with many obstacles of reasons as to why his business wouldn't succeed and that itjust didn't happen thatway in Beaumont, that's not howthings are done, he progresses and the more he tries to grow his company and his knowledge base the more he finds out that there are so many resources that are readily available to him, commented on lawn cutting and his non-profit "Beaumont I Can', thanked Council for being transparent about everything and progressing to make the city better for everyone * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER TURNER- RECOGNIZED NFL PLAYER P.J. LOCKE,WHO SPONSORED A FREE FOOTBALL CAMP THIS PAST SUNDAY FOR 200 KIDS, THE KIDS HAD A GREAT TIME AND WAS ABLE TO MEET OTHER NFL PLAYERS, ANNOUNCED THAT THIS SUNDAY, JULY 25, 2021, THERE WILL A "KNOW YOUR WORTH" BRUNCH FOR TEENAGERS AT NIKLEM's ACADEMY,THERE ARE EIGHT SLOTS LEFT, IF ANYONE'S INTERESTED PLEASE INBOX HIM ON FACEBOOK OR CONTACT HIM THROUGH HIS EMAIL, ASKED THAT COUNCIL AND CITIZENS PRAY FOR COUNCILMEMBER NEILDS DAUGHTER EMILY AS SHE IS HAVING SURGERY ON TODAY AND TO ALSO PRAY FOR MAYOR MOUTON, THANKED THE CITY OF BEAUMONT'S CVB STAFF FOR THE GREAT JOB THEY DID WITH BEAULYMPICS THIS PAST WEEKEND,AS WELL AS UNITED WAY WHO PUT HIM IN A DUNKING BOOTH AND RAISED LOTS OF MONEY COUNCILMEMBER GETZ- THANKED THE CVB STAFF FOR THE BEAULYMPICS EVENT OVER THE WEEKEND, ANNOUNCED THE DOWLENIWEST NEIGHBORHOOD ASSOCIATION MEETING ON JULY 20, 2021, AT 7:00 P.M., AT ROGERS PARK COMMUNITY CENTER, THANKED THE COUNCIL FOR THE TOWN HALL MEETING TO DISCUSS THE PROS AND CONS OF PURCHASING AND DEMOLISHING THE AT&T BUILDING,IT GAVE THE CITIZENS THE CHANCE TO COME OUT, ALSO WANTED TO REMIND COUNCIL THAT SOME PEOPLE WERE NOT PRIVILEGED ENOUGH TO ATTEND THE MEETING AND HAVE SENT EMAILS, OUT OF THE 100 OR MORE EMAILS RECEIVED ABOUT 85% WERE IN OPPOSITION OF THE AT&T PROJECT, STATED THAT HE FULLY EXPECTS THAT THE AT&T BUILDING WILL BE PURCHASED AND DEMOLISHED BY THE CITY AND THERE WILL BE A GRASSY AREA IN IT'S PLACE, EVEN IF THE CITY DOES THAT HE WANTS TO Minutes—July 20,2021 BRING TO THE COUNCILS ATTENTION ANOTHER PROJECT THAT WOULD GET PEOPLE OFF THE INTERSTATE AND INTO DOWNTOWN, HE'S TALKED ABOUT THIS ON SOCIAL MEDIA AND AS A COUNCIL THEY NEED TO HAVE A WORKSESSION TO DISCUSS THE FEASIBILITY OF WHETHER THE COUNCIL WOULD LIKE TO PURSUE HAVING THE BATTLESHIP TEXAS AT THE NECHES RIVER, SHOWED COUNCIL A PICTURE OF WHAT IT WOULD LOOK LIKE TO HOUSE THE BATTLESHIP COUNCILMEMBER DURIO- THANKED COUNCILMEMBER TURNER FOR TAKING ONE FOR THE TEAM WITH THE DUNKING BOOTH, THANKED DEAN CONWELL AND HIS STAFF FOR BEAULYMPICS, IT WAS GREAT AND HOPES IT'S SOMETHING THAT WILL BE DONE YEARLY, THANKED ALL OF THE CITIZENS THAT CAME OUT FOR THE TOWN HALL MEETING, IT WAS VERY SUCCESSFUL, THE CITIZENS OF BEAUMONT SPOKE AND RECEIVED A LOT OF INFORMATION MAYOR PRO SAMUEL - ANNOUNCED JAZZ AT THE LAKE AT THE EVENT CENTRE ON THURSDAY, JULY 22, 2021, FEATURING DEAN JAMES, THE EVENT WILL BE FROM 5:30 P.M., TO 7:30 P.M., THERE ARE SEVERAL EVENTS THAT ARE GOING ON AT THE JEFFERSON THEATRE AS WELL COUNCILMEMBER NEILD- ABSENT CITY ATTORNEY COOPER- ABSENT 'IsT ASSIST. CITY ATTORNEY REED NONE CITY MANAGER HAYES- NONE MAYOR MOUTON - ABSENT Open session of meeting recessed at 2:58 p.m. CLOSED SESSION -CANCELLED * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of L&L General Contractors Audwin Samuel, Mayor Pro Tenn Tina Broussard, City Clerk Minutes—July20,2021 2 July 27, 2021 Approve a contract for painting and related services in various city facilities BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 27, 2021 REQUESTED ACTION: Council consider a resolution approving a contract for painting and related services in various city facilities. BACKGROUND Bids were requested for a one-year contract for commercial grade painting and related services in various city facilities. Nine vendors were notified, and one bid was submitted by Marsh Waterproofing, Inc. of Vidor, who also holds the current contract for these services. Specifications allow for a one-year contract with the option of two renewals of one-year extensions at the same pricing as the awarded contract. The total estimated annual bid is $107,200 which is the same pricing as the current contract. Bid tabulation attached. FUNDING SOURCE General Fund, Water Utilities Fund, Solid Waste Fund, Municipal Airport Fund, Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for a one (1) year contract, with the option of two (2) renewals of one (1) year terms at the same pricing as the awarded contract, for painting and related services in various City facilities; and, WHEREAS, Marsh Waterproofing, Inc., of Vidor, Texas, submitted a bid in the estimated annual amount of$107,200.00, as shown on Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by Marsh Waterproofing, Inc., of Vidor, Texas, is the lowest bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Marsh Waterproofing, Inc., of Vidor, Texas, for a one (1) year contract, with the option of two (2) renewals of one (1) year terms at the same pricing as the awarded contract, for painting and related services in various City facilities in the estimated annual amount of$107,200.00, as shown on Exhibit"A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contact with Marsh Waterproofing, Inc. 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 27th day of July, 2021. - Mayor Robin Mouton - B EAU M©N T CITY OF REAUMONT-PURCHASING OIVISIUN T e x A s Terry Welch Purchasing Manager - - 409-880-3107 terw,welch(dbeaumontlex s.gov BID TABULATION Annual Contract for Painting and Related Services BID NO. TF0621-29 OPENING DATE: Thursday,mly 15,2021 Vendor Marsh Waterproofing Inc. city/State Vidor,TX Straight TIM Q ClHS-T on Hrs/Yr Me/Hr Total (— Painter 2000 S 35.001 $ 70,000.00 m Helper 500 $ 30.00 1 S 15,000.00 = X S 85.000.00 UU Overtime Painter 200 S 53.00 $ 10,600.00 Helper 100 8 45.00 S 4,500.00 S 15,100.00 xdidays Painter 50 S 60.00 f 3,000.00 Helper 50 S 50.00 S 2,500.00 S 5,500.00 Materials/Rental Mark 16% S1.600 (Estimated S10,000/1r) Total Md I $ 107700.00 NOTE'. Sole and qualified bidder is Marsh Waterproofing,Inc. 3 July 27, 2021 Approve a Management Agreement with the Beaumont Council of Garden Club for the Beaumont Botanical Gardens located at 5520 Babe Zaharias Drive BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Director MEETING DATE: July 27, 2021 REQUESTED ACTION: Council consider a resolution approving a Management Agreement with the Beaumont Council of Garden Club for the Beaumont Botanical Gardens located at 5520 Babe Zaharias Drive. BACKGROUND The Beaumont Council of Garden Clubs has occupied the Botanical Gardens since 1971, and a formal agreement has been in place since 1999. The Botanical Garden facilities are owned by the City of Beaumont. The Beaumont Council of Garden Clubs currently has a management agreement with the City to utilize the properties and manage the facilities as a botanical garden, garden council building, and a conservatory open to the public for the education and promotion of horticultural activities. The revised management agreement defines the obligations and responsibilities of the Beaumont Council of Garden Clubs and the City of Beaumont. This item is to consider approving a revised management agreement for a three-year period. The City of Beaumont will pay the Beaumont Council of Garden Clubs $3,000 per month for the first year, $1,500 per month for the second year, and zero ($0.00) for year three and any renewal term thereafter. 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 a Management Agreement between the City of Beaumont and Beaumont Council of Garden Clubs for management of Beaumont Botanical Gardens located at 5520 Babe Zaharias Drive. The Management Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July, 2021. - Mayor Robin Mouton - MANAGEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS,the City of Beaumont,a municipal corporation domiciled in Jefferson County,Texas, hereinafter called "City," and the Beaumont Council of Garden Clubs, a Texas non-profit organization domiciled in Jefferson County,Texas, hereinafter called "BCGC," and WHEREAS the parties recognize the mutual benefit to BCGC and City derived from the existence of the Botanical Gardens, the Warren Loose Conservatory, Binks Horticultural Center, Garden Center Building, Maintenance Building and amenities located on the grounds of Tyrrell Park, and WHEREAS, to that end, City and BCGC agree as follows: WI"fNESSETH : Article 1. Description of Lease Premises For and in consideration of payment by City of the management fee hereinafter reserved to BCGC and the performance by BCGC of the covenants and agreement hereinafter contained to be performed by BCGC, and in accordance with all the provisions hereinafter set forth, City does hereby lease and let unto BCGC, and BCGC does hereby take and lease from City, the following described real property, and premises (the "Leased Premises"): That certain land more fully described in Exhibit "A" attached hereto and made a part hereof by this reference, hereinafter called the "Land," and the BCGC, Garden Center Building, Maintenance Shop Building, Warren Loose Conservatory, Rinks Horticultural Center, parking facilities and lighting, sidewalks, bridges, gazebo, fountains, fences, and gates hereinafter called the"Properties." BCGC is also given the non-exclusive right during the term of this Agreement to utilize the properties described in Exhibit "B" for any purpose including, but not limited to building and grounds rentals,that has been approved in writing in advance by the City Manager of the City, or his designee. 11 Page EXHIBIT "A" Article 2. Term of Agreement The term of this Agreement shall be for three(3)years commencing on and terminating at 11:59 p.m. on if not sooner terminated as hereinafter provided. BCGC and the City may renew this agreement for two (2) one (1) year extensions if mutually agreed. Should BCGC fail to maintain gardens, in a manner to attract tourism and educate the public by providing documented living plants, City may cancel the agreement and assume full responsibility. Article 3. Management Fee In consideration for BCGC maintaining and managing the Leased Premises herein described, City shall pay to BCGC the sum off hrec Thousand Dollars ($3,000.00) per month, payable on the first day of each month during the term of this Agreement, commencing on for the first year and One Thousand Five Hundred Dollars ($1,500.00) per month for the second year, and zero dollars ($0.00) for year three and any renewal term thereafter. Article 4. Use and Occupancy BCGC shall use and occupy the Leased Premises as a botanical garden for the education and promotion of horticultural activities and related purposes during the full term of this Agreement. The grounds of the Leased Premises shall be open to the public during normal hours of operations as shall be agreed to between the parties.BCGC may secure the fenced area of the gardens daily in accordance with hours of Tyrrell Park. BCGC may secure the fenced area as it deems necessary for events and BCGC may charge an admission fee for special events. BCGC will comply with any and all laws, ordinances, rules, orders and regulations of any governmental authority which are applicable to BCGC 's operations in and on the Leased Premises. BCGC further agrees that no part of said facility will be used for any unlawful purpose. Any use of the Leased Premises or properties described in Exhibit "B" by BCGC shall be in accordance with the Americans with Disabilities Act (ADA) and any revision thereof. City owned properties not in compliance with ADA shall be addressed and remedied by the City. 21 Page BCGC shall not assign its obligations to another Management group or party without receiving approval from the City. Article 5. Alterations, Additions or Improvements BCGC shall not, without first obtaining the written consent of the City Manager or his designee, make any alterations, additions or improvements to the properties or the land; provided, however, that such consent shall not be unreasonably withheld. Any work done by BCGC to the Leased Premises or property described in Exhibit "B" shall be done in a good and workmanlike manner and without impairing the structural integrity of the Land or Building. Any alterations, additions or improvements made by BCGC shall become the property of City. In the event improvements are contemplated or made to the property or grounds,the City may, at its sole discretion,assist the BCGC by providing employees,equipment and/or materials as may be available at the time. Article 6. Obligations of City and Garden Council BCGC shall use the funds provided in Article 3 above to provide and maintain a clean and pleasant environment, free of any hazards,at all times. BCGC shall pay all personal property taxes, if any, imposed on the equipment, inventory, fixtures and other personal property located on the Leased Premises. BCGC should maintain such insurance as it deems appropriate to protect its personal properly on the Leased Premises. BCGC shall,at its own expense, provide such competent help and personnel as it shall deem necessary for the safe operations and management of the properties. Any employee of the BCGC shall be solely an employee of the BCGC and shall not be considered an employee of City for any purpose. City shall be obligated and responsible for the following: a) Maintenance and repair of the interior and exterior walls, roofs, foundations, doors,windows,fans, awnings, structural systems,and sidewalks of the Garden Center Building, Binks Horticultural Center building, Warren Loose Conservatory,and the Maintenance Shop building; b) Maintenance and repair of all sidewalks, bridges, parking lots, fountains, fences and gates of all properties and land; 31 Page c) Maintenance and repair of all electrical systems; d) Maintenance and repair of air conditioning systems in the Garden Center building, Binks Horticultural Center building, Warren Loose Conservatory, and the Maintenance Shop Building; e) Payment of electrical, gas, water utilities and basic telephone services, excluding long distance telephone service,basic DSL or internet services; D Cleaning of the outdoor restrooms in accordance with the Parks & Recreations cleaning schedule; g) Assistance from the City s Facilities Maintenance - Grounds Maintenance Crew when available and approved by the Facilities Maintenance Director. h) Maintenance and repair of the Warren Loose Conservatory's structural systems, including the replacement of windows; and the repairs to the Greenhouse and Propagation buildings structural system and fiberglass exterior covering;and the repairs to the exhaust and air circulation fans;and repairs to the ventilation panel motors and control system; repairs to the humidifier system. i) Repair of all Building plumbing systems, excluding services required to remove obstructions from sewer lines. All irrigation systems are the responsibility of BC(3C. j) Repair the water fountain, pond fountain and pump systems. Daily routine maintenance and cleaning of the fountains to be the responsibility of the BCGC. k) Maintenance and repairs to the perimeter chain link fence, ornamental fence, and fixed knot fencing. 1) Maintenance and repairs to the wooden arbors, gazebo,and bridges. m) Maintenance and repairs to the concrete sidewalks throughout the garden area. n) Removal of dead trees and hanging limbs. 4 Page All obligations which are not listed above shall be the responsibility of BCGC; including but not limited to the lawn maintenance and the purchase of all plants and materials,and bed planting;and the maintenance, repair and/or replacement of all Kitchen equipment located inside the Garden Center Building,Maintenance Shop, and the Pinks Horticultural Center; City shall, at its expense, maintain such casualty insurance covering the Leased Premises as it deems appropriate to cover its interest thereon. BCGC shall have no authority to incur any obligation on behalf of the City nor does City have any authority to incur any obligation on behalf of the BCGC concerning the properties. This Management Agreement shall not be assignable in whole or in part by BCGC or City without the written consent of the other party. BCGC shall,always,keep the property of City free and clear of all liens,attachments,encumbrances or claims arising out of BCGC's operations. Article 7. General Liability Insurance BCGC shall provide general liability insurance in the minimum aggregate amount of One Million Dollars ($1,000,000), such insurance naming City as an additional named insured and provide City with a certificate of insurance evidencing such coverage. The insurance must additionally insure the indemnity required by this Agreement. Article 8. Damage to Leased Premises In the event the Leased Premises are partially damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty, BCGC shall give immediate notice to City. City may repair the damage and restore the Leased Premises to substantially the same condition as immediately prior to the occurrence of the casualty. BCGC shall allow City a fair reduction of the management tee during the time the Leased Premises are partially unfit for occupancy. If the Leased Premises are totally destroyed or deemed by the City to be rendered unfit for occupancy by fire or other casualty, or if City shall decide not to repair or rebuild,this Management Agreement shall terminate, and the management fee shall be paid to the time of such casualty. 51 Page Article 9. Default In the event either party defaults in the performance of any of its obligations under this Agreement, and such default continues uncorrected for thirty (30) days after written notice from the other party of the particular default, said notice being given by certified mail, return receipt requested, addressed to the defaulting party at its address as hereinafter set forth, thereupon, at the sole election of the non- defaulting party, this Agreement may be terminated. City shall have a right of re-entry and operation of the facility upon any termination. Notice to the City shall be deemed proper when received by the City Manager or his designee. Notice to BCGC shall be deemed proper when received by any member of BCGC who accepts service. Article 10. Indemnification BCGC shall indemnify and hold City harmless from any and all liabilities, claims, damages,judgments, injuries, costs,and expenses, including reasonable attorney's fees for the defense thereof, arising from the conduct or management of BCGC's business or its use of the Leased Premises. Article I I. Non-Appropriation of Funds Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for management payments due under this Agreement,City will immediately notify BCGC in writing of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations have been received or made without penalty or expense to City. If both the City and BCGC wish to continue the Agreement without payment of any management fees, and it is agreed to by both parties in writing,the Agreement will continue in accordance with the terms and conditions as stated herein. Article 12. Miscellaneous Venue for any dispute arising from this agreement shall be proper in Beaumont, Jefferson County, Texas. This agreement represents the full understanding between the parties. Any amendments or addendums not in writing and attached to this document shall be unenforceable. 61 Page IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day of ,2021. LESSEE: BEAUMONT COUNCIL OF GARDEN CLUBS By: Printed Name/Title: Date Signed: LESSOR: CITY OF BEAUMONT By: Printed Name/Title: Kyle Haves City Manager Date Signed: 7 Page Exhibit"A" TRACT A BEING a 7.744 acre tract of land in Tyrrell Park; BEGINNING at a 3/4" iron rod set for the Northwesterly comer of the herein described tract,to-wit; THENCE North 88 degrees 15 minutes 20 seconds East for a distance of 125.38 feet to a fence corner; THENCE North 88 degrees 50 minutes 27 seconds East for a distance of 249.39 feet to a fence corner; THENCE North 46 degrees 32 minutes 13 seconds East for a distance of 236.8 feet to a fence comer; THENCE North 61 degrees 53 minutes 35 seconds East for a distance of 89.05 feet to a fence comer; THENCE North 68 degrees 12 minutes 12 seconds East for a distance of 233.74 feet to a fence comer; THENCE South 30 degrees 30 minutes 29 seconds East for a distance of 172.4 feet to a fence comer; THENCE South 45 degrees 26 minutes 00 seconds West for a distance of 281.45 feet to a fence comer; THENCE South 06 degrees 09 minutes 37 seconds West for a distance of 176.99 feet to a fence comer; THENCE South 66 degrees 24 minutes 56 seconds West for a distance of 168.37 feet to a fence corner; THENCE South 87 degrees 32 minutes 09 seconds West for a distance of 61.0 feet to a fence comer; THENCE South 45 degrees 55 minutes 30 seconds West for a distance of 161.61 feet to a fence comer; THENCE South 31 degrees 14 minutes 50 seconds West for a distance of 134.53 feet to a 3/4"iron rod; THENCE North 42 degrees 23 minutes 01 seconds West for a distance of 376.74 feet to a spike nail; THENCE North 24 degrees 58 minutes 28 seconds West for a distance of 181.42 feet to a 3/4"iron rod; THENCE North 15 degrees 48 minutes 35 seconds East for a distance of 79.18 feet to a 3/4"iron rod and the PLACE OF BEGINNING,containing 7.744 acres of land,more or less. Exhibit"B" TRACT B BEING a 15.336 acre tract of land in Tyrrell Park; BEGINNING at a 3/4" iron rod set for the Northwesterly comer of the herein described tract.to-wit; THENCE North 31 degrees 14 minutes 50 seconds East for a distance of 134.53 feet to a fence corner; THENCE North 45 degrees 55 minutes 30 seconds East for a distance of 161.61 feet to a fence comer; THENCE North 87 degrees 32 minutes 09 seconds East for a distance of 61.0 feet to a fence comer; THENCE North 66 degrees 24 minutes 56 seconds East for a distance of 168.37 feet to a fence comer; THENCE North 06 degrees 09 minutes 37 seconds East for a distance of 176.99 feet to a fence corner; THENCE North 45 degrees 76 minutes 00 seconds East for a distance of 281.45 feet to a fence corner; THENCE North 30 degrees 30 minutes 29 seconds West for a distance of 172.40 feet to a fence comer; THENCE North 44 degrees 45 minutes 59 seconds East for a distance of 63.21 feet to a 3/4" iron rod; THENCE South 19 degrees 84 minutes 58 seconds East for a distance of 350.44 feet to a 3/4" iron rod; THENCE South 28 degrees 12 minutes 35 seconds East for a distance of 413.3 feet to a 3/4" iron rod; THENCE South 24 degrees 33 minutes 43 seconds West for a distance of 85.05 feet to a 3/4" iron rod; THENCE South 01 degrees 46 minutes 35 seconds West for a distance of 521.04 feet to a 3/4" iron rod; THENCE South 07 degrees 06 minutes 03 seconds East for a distance of 667.91 feet to a 3/4" iron rod; THENCE South 74 degrees 41 minutes 23 seconds West for a distance of 3958 feet to a 3/4" iron i rod; THENCE North 21 degrees 15 minutes 48 seconds West for a distance of 221.83 feet to a 3/4" iron rod; THENCE North 29 degrees 45 minutes 48 seconds West for a distance of 225.33 feet to a 3/4" iron rod; THENCE North 33 degrees 19 minutes 18 seconds West for a distance of 168.08 feet to a 3/4" iron rod; THENCE North 37 degrees 06 minutes 14 seconds West for a distance of 256.86 feet to a 3/4" iron rod; THENCE North 49 degrees 50 minutes 46 seconds West for a distance of 353.95 feet to a 3/4" iron rod; THENCE North 58 degrees 29 minutes 26 seconds West for a distance of 237.4 feet to a 3/4" iron rod and the PLACE OF BEGINNING, containing 15336 acres of land,more or less. 4 July 27, 2021 Authorize the City Manager to execute Change Order No. 2, to the contract with Viking Painting, LLC for the West Elevated Storage Tank Rehabilitation Project BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: July 27, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 2,to the contract with Viking Painting, LLC. BACKGROUND On February 9, 2021, by Resolution No. 21-035, City Council awarded a contract to Viking Painting, LLC, of Omaha, Nebraska, in the amount of$849,900.00 for the West Elevated Storage Tank Rehabilitation Project. Previous Change Order No. 1, in the amount of$205,600.00, is attached for your review. Proposed Change Order No. 2, in the amount of$10,700.00, is required to install a City-supplied mixing system and associated appurtenances. The mixing system will help maintain water quality in the tank and reduce the risk of future corrosion to the tank structure. A total of five (5) working days will be added to the contract for the additional work. The contract includes a Miscellaneous Tank Repair Allowance of$20,000.00. If approved, Change Order No. 2 will be deducted from the Miscellaneous Tank Repairs Allowance resulting in no change to the current contract amount of$1,055,500.00. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21.148 WHEREAS, on February 9, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-035 awarding a contract in the amount of $849,900,00 to Viking Painting, LLC, of Omaha, Nebraska, for the West Elevated Storage Tank Rehabilitation Project; and, WHEREAS, Change Order No. 1, In the amount of $205,600.00, is necessary for the replacement of sixteen (16) roof rafters due to unforeseen section loss from corrosion found during construction, thereby increasing the total contract amount to $1,055,500.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out In the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of$205,600.00 for additional work described above, thereby increasing the total contract amount to $1,055,500.00 for the West Elevated Storage Tank Rehabilitation 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 15th day of June, 2021. yor Becky Ames - APPROVAL Of CONTRACT CHANGE CHANGE ORDER No.Two(2) DATE: Ju1y14,2021 PROJECT: City of Beaumont,Texas West El".d Storage Tank Rehabilitation Old No.WU0121-07 OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 777N CONTRACTOR: Viking Paining,U.0 305 N 9P Street Omaha,NE N114 TO THE OWNER: Approol of the fOBowiry contract change is requested. Reason for Cha tic To Install an Ownmr supplied Pax Mixing System and assaWted appurtenances ORIGINALCONTILNUAMOUNT: 5 849.900.00 REVISED CONTRACT AMOUNT PER CHANGE ORDER NO.1 $ 1 055 500 00 THISCHANGEORDER Item Description 13 Miscegaaons Tank Repairs Allowance-Reducethe Miscellaneous Tank Repairs Allowance By$10,700.00 $ )10,700.00) to Install an Qaner supplied Pax Mixng Spoon and associated appurtenances.Remainir:g Contingency Allowsnon=$20,000.00-$10,7 ,00=$9,300.00 1s Install an Owner supplk l Pax Mi ing System and assntlated apWr mences $ 10,70000 TOTAL AMOUNT OF THIS CHANGE ORDER: $ 0.00 TOTAL REVISED CONTRAR AMOUNT INCLUDING THIS CHANGE ORDER: $ S,OSS,Solim CONTRARTIME Original Contract Time: 150 wanking days Revised Contract Time per Change order No.1 195 working days Additional Contract Time Recorded this change order 5 waking days Re d ad Contrast Tim.par this Clorrill Color 200 wall,d.y. CONDITION OF CHANGE: 'Contractor acknowledges and agrees that the adjustments In contract price and contract time stipulated In this Charge Order represents full compensation for all Increases and twenties In the cost of,and the time required to perform the entire work under the Contract arising directly or indirectly from Has Cheops Order and all preeious Change Orders. Acoepeae of this waiver consdtutes an agreement Between Owner and Comractorthat the Chage Order represents an all inck:she,mutually agreed upon adjustment to the Contract,and that Contractor will ensw all rights to Rk a claim on this Change Order after it Is properlyexecuted.- R cm Node proved by: Accepted by: SchaanburgA Ily Inc. ClryeBeaumont Viking Engineer Ownerr ConMMcra, LLLC a wte: oaa.. Doe: 7/14/21 Page 1 of 1 i APPROVAL OF CONTli CHANGE CHANGE ORDER No.One(1) DATE: June) 1021 PROJECT: City of Beaumont,Texas West Elevated Stange Tank Rehabilitation Bid No.W 121-07 OWNER: gtyof Beaumont,Texas ml Main Strom Beaumont,Tens)))04 CONTRACTOR: Wong Panting,UDC 305 N 93a Street Omaha,NE U114 TOTHEOWNER: Appova of the fallowing contract chants is requested. Beam"im Chants:To provide fmremoval and replacement of 16 roof support raften ORIGINAL CONTRACTMOUNT: $ 1149 M.00 THIS CHANGE ORDER iwm OettNatbn 15 Remove and replace exntlng 16 toe tallest,wish 16 new tool rafters,ADD I IS 05,600A0 $ mlic0.00 T0fALAMOUNTOFTHN CXANGLORDER No.1 $ 10S6W_W TOTAL REVISED CONTMCT AMOUNT iNCWDING THIS CHANGE ORDER $ SA55.500.00 COHTRACTTIME orwmlC nct Tkne ISO W.Nng data Additional Contract Time Requested thin chnaecoder 45 Woolson on, Planned Contract TIM per thin Change OMer 195 WRrNpdaW CONDITION OF CHANGE: 'Cmtradm aclvnwladgas and anyway,that tla adlurtmeos, In—tract Price oral tanned onto APUNAR!In this O wnp Order represents fun compensation for all imnnn and dmmaws In the Was of,and the time required In perform the entim work under the Coreract whip directly or hldirectiv Iran NN Onange Order nb all printout tTanp Orders Acceptance of his anther oenrtlWtn an anyeement Wtween Owner MI C trtdm that the Change Order represents an aI Inclusive,omb,i ly.greed upon a llultow"t to the Centrist,and that Contractor will wades an di to 0Ia a dal.onthis Change Osdnaher It 6 poperlyaxecoted.- R Dproved W: I L AcnPted hy: Sdvumburg& Inc. Cky ofBwalmw:[ Wkh,Pending,ULC Engineer Owner / Conhactor me 06/09/21 Page 1 nr1 I RESOLUTION NO. WHEREAS, on February 9, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-035 awarding a contract in the amount of$849,900.00 to Viking Painting, LLC, of Omaha, Nebraska, for the West Elevated Storage Tank Rehabilitation Project; and, WHEREAS, on June 15, 2021, the City Council of the City of Beaumont, Texas passes Resolution No. 21-148 authorizing the City Manager to execute Changer Order No. 1, in the amount of$205,600.00, for the replacement of sixteen (16) roof rafters due to unforeseen section loss from corrosion found during construction, thereby increasing the total contract amount to $1,055,500.00; and, WHEREAS, a Miscellaneous Tank Repair allowance, in the amount of$20,000.00, was included in the above noted contract; and, WHEREAS, Change Order No. 2, in the amount of $10,700,00, is necessary to install a City-supplied mixing system and associated appurtenances, thereby decreasing the total Miscellaneous Tank Repair allowance amount to $9,300.00 and having no effect on the total contact amount of$1,055,500.00, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 2, in the amount of $10,700.00 for additional work described above, thereby decreasing the total Miscellaneous Tank Repair allowance to $9,300.00 and having no effect on the total contract amount of$1,055,500.00 for the West Elevated Storage Tank Rehabilitation 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 27th day of July, 2021. - Mayor Robin Mouton - 5 July 27, 2021 Authorize the City Manager to execute documents to receive supplemental funding through the Department of Homeland Security Grant Program BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 27, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute documents to receive supplemental funding in an amount up to $6,807.71 through the Department of Homeland Security Grant Program (HSGP). BACKGROUND The Homeland Security Grant Program consists of a number of grant programs, one of which is the State Homeland Security Program (SHSP). The City of Beaumont was awarded$64,985.88 for the 2019 Homeland Security Grant Program (HSGP) of which$42,281.40 was used for the LETPA Sustaining Special Response Teams Project. The city was notified that$6,807.71 in SHSP/LETPA uncommitted funds for 2019 was available and was approved to receive the supplemental award. Pending approval,this supplemental funding will be used to purchase uniforms for the SWAT Team. FUNDING SOURCE No local match is required. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the City Council finds it in the best interest of the citizens of Beaumont, that the 2019 LETPA (Law Enforcement Terrorist Prevention Activities) Sustaining Special Response Teams Project for the Police Department (Grant #3825101) be operated for the fiscal year 2021; and, WHEREAS, the City Council agrees that in the event of loss or misuse of the 2019 Homeland Security Grant Program supplemental funds, the City of Beaumont assures that the funds will be returned to the Office of the Governor in full; and, WHEREAS, the City Council designates the City Manager as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency from the Department of Homeland Security Grant Program (HSGP) through the Office of the Governor in the amount up to $6,807.71 for the purposes described herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council approves submission of the grant application for the supplemental funding for the LETPA (Law Enforcement Terrorist Prevention Activities) Sustaining Special Response Teams Project for the Police Department to the Office of the Governor. The meeting at which this resolution was approved was in all things conducted 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 27th day of July, 2021. - Mayor Robin Mouton - 6 July 27, 2021 Authorize the execution of a new Mutual Aid Agreement with the local governmental entities within the South East Texas Regional Planning Commission region BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James Singletary, Chief of Police MEETING DATE: July 27, 2021 REQUESTED ACTION: Council consider a resolution authorizing the execution of a new Mutual Aid Agreement(MAA) with the local governmental entities within the South East Texas Regional Planning Commission(SETRPC) region. BACKGROUND Mutual aid agreements provide a mechanism for local governments to seek assistance when emergencies present equipment and manpower requirements beyond the capacity of an individual jurisdiction. The South East Texas Regional Planning Commission(SETRPC) facilitated Mutual Aid Agreement enables parties to enter into such an agreement before times of an emergency or disaster. This agreement will add Jasper County to the Mutual Aid Agreement since Jasper County has now been formally added to the SETRPC region. "Phis resolution would also rescind all previous prior mutual aid agreements between the City of Beaumont and other governmental entities which we signatories to the joint agreement after the required notice is provided. The language in the agreement is otherwise left unchanged from the previous version last signed in September 2014 and approved by Council in Resolution 14-184. The South East Texas Regional Planning Commission is not an actual signatory to the agreement, but will be responsible for maintaining and distributing current contact information to all parties. SETRPC will also maintain duplicate or certified copies of the original signature pages of the agreement. FUNDING SOURCE None. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, THAT the Mayor, City Manager, and Emergency Management Coordinator be and they are hereby authorized to execute a joint Mutual Aid Agreement (MAA) with the local governmental entities within the South East Texas Regional Planning Commission (SETRPC) region to provide the necessary mutual aid as may be requested by another government agency signatory to the agreement for emergency or disaster conditions as defined by the Government Code 418. Said Memorandum of Understanding is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; and, BE IT FURTHER RESOLVED THAT, where it is deemed necessary and prudent, all previously existing mutual aid agreements executed between the City of Beaumont and any signatory to the joint mutual aid agreement are to be rescinded upon the giving of the proper notice. 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 27th day of July, 2021. - Mayor Robin Mouton - SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION REGION MUTUAL AID AGREEMENT State of Texas § County of Jefferson § This Mutual Aid Agreement (the "Agreement') is entered into by, between, and among local government entities wholly or partially within the South East Texas Regional Planning Commission Region ("SETRPC"), as defined in the By-Laws of the SETRPC which include all jurisdictions within Hardin, Jasper, Jefferson and Orange counties, that by their signatures on duplicate original copies of this Agreement have consented to the terms of this Agreement (individually, a"Party", and collectively, the"Parties"). WHEREAS,the Parties recognize the vulnerability of the people and communities located in the Region to damage, injury, and loss of life and property resulting from Emergencies and recognize that Emergencies may present equipment and manpower requirements beyond the capacity of each individual Party; and, WHEREAS, the Parties to this Agreement recognize that in the past Mutual Aid has been provided between or among the Parties in the form of personnel, equipment, and other resources during Emergencies and to help with recovery; and, WHEREAS, the governing officials of the Parties desire to secure for each Party the benefits of Mutual Aid and protection of life and property in the event of an Emergency; and, WHEREAS, the Parties wish to make suitable arrangements for furnishing Mutual Aid in coping with Emergencies and are so authorized and make this Agreement pursuant to Chapter 791 of the Texas Government Code (Interlocal Cooperation Act), Chapter 418 of the Texas Government Code (Texas Disaster Act of 1975), Chapter 421 of the Texas Government Code(Homeland Security), and Chapter 362 of the Local Government Code; and, WHEREAS, the Parties recognize that a formal agreement for Mutual Aid would allow for better coordination of effort, provide that adequate equipment is available, and help ensure that Mutual Aid is accomplished in the minimum time possible and desire to enter into this Agreement to provide Mutual Aid consistent with the mutual aid plans developed by the respective jurisdictions and approved by the governing bodies of the jurisdictions. NOW, THEREFORE, the Parties agree as follows: EXHIBIT "A" Terms 1. RECITALS The recitals set forth above are true and correct. 2. DEFINITIONS For purposes of this Agreement,the terms listed below shall have the following meanings: a. Agreement — this South East Texas Regional Planning Commission facilitated Mutual Aid Agreement. b. Emergency—Any incident,whether natural or human-caused,that requires responsive action to protect life and property. c. Mutual Aid — cooperative emergency response assistance in connection with a homeland security activity, such as an activity related to the prevention or discovery of, response to, or recovery from a terrorist attack, natural or man-made disaster, hostile military or paramilitary action, or extraordinary law enforcement emergency including the provision of personnel, equipment, and other resources. d. NIMS—the National Incident Management System. e. Point of Contact—the individual or individuals authorized by the governing body of each Party to request or respond to a request for Mutual Aid on behalf of the Party. A Party's Emergency Management Director or Chief Executive Officer is always a Point of Contact, in addition to those designated as the Point of Contact. I. Requesting Party—the Party requesting Mutual Aid under this Agreement. g. Responding Party — the Party providing Mutual Aid assistance under this Agreement. 3. ADMINISTRATIVE AGENCY The Parties hereby designate the South East Texas Regional Planning Commission, (hereinafter, "SETRPC") to be the Administrative Agency under this Agreement. SETRPC shall be responsible for maintaining and distributing current Point of Contact information to all Parties. SETRPC is also responsible for maintaining duplicate or certified copies of the original signature pages of the Parties to this Agreement. SETRPC is not a signatory to the Agreement, and is not bound by any provision contained herein that is not directly related to the duties of the Administrative Agency. 4. POINT OF CONTACT DESIGNATION Each parry shall provide the Administrative Agency with written protocol by which its' designated Point of Contact may be contacted twenty-four hours a day, South East Texas Regional Planning Commission facilitated Mutual Aid Agreement Page 2 of I I seven days a week. This protocol shall designate, by name or position, the person or persons authorized to request or respond to a request for Mutual Aid on behalf of a Party under this Agreement. Each Party must notify the Administrative Agency in writing of any change in its Point of Contact protocol as soon as practicable. 5. ACTIVATION OF AGREEMENT This Agreement is activated when a request is made for mutual aid assistance. The request shall be documented by the Requesting Party and forwarded to each Party from whom assistance is sought. 6. INITIATION OF REQUEST A request under this Agreement may be made by a Point of Contact after one of the following occurs: a. After a declaration of a local state of Disaster pursuant to Chapter 418 of the Texas Government Code, as amended; or, b. After a finding of an Emergency as defined in this Agreement. 7. PROCEDURES FOR REQUESTS Subject to the conditions in this Section, a Point of Contact may request Mutual Aid assistance by: (1) submitting a written request for assistance to a Point of Contact of a Responding Party, or(2) orally communicating a request for Mutual Aid assistance to a Point of Contact of a Responding Party,which shall be followed up by written documentation. a. The written request shall state that the request is made pursuant to this Agreement. b. Mutual aid shall not be requested by a Party unless it is directly related to the Emergency and resources available from the normal responding agencies to the stricken area me deemed to be inadequate, or we predicted to be expended prior to the resolution of the Emergency. c. All requests for Mutual Aid shall be transmitted by a Point of Contact of the Requesting Party to a Point of Contact of the Responding Party. d. Each request for assistance shall be accompanied by the following information, to the extent known: i. A general description of the Emergency and the damage or injury sustained or threatened; ii. Identification of the general emergency service function or functions for which assistance is needed (e.g. fire, law enforcement, emergency medical, search and rescue, transportation, communications, public works and engineering, building, inspection,planning and information assistance,mass care,resource South East Texas Regional Planning Commission facilitated Mutual Aid Agreement Page 3 of 11 support, health and other medical services, etc.) and the particular type of assistance needed; iii. The amount and type of personnel, equipment, and other resources needed and a reasonable estimate of the length of time that each will be needed; iv. The location(s) to which the resources are to be dispatched and the specific time by which the resources are needed; and, V. The name and contact information of a representative of the Requesting Party, if available, to meet the personnel and equipment of any Responding Party at each location to which resources are dispatched. 8. THE PROVISION OF MUTUAL AID Subject to the conditions of this Section, upon request of the Requesting Party, each Party hereto shall furnish Mutual Aid in coping with an Emergency. a. Assessment of Availabilitv of Resources and Ability to Render Assistance When contacted by a Requesting Party,a Point of Contact of the Party from which aid is requested agrees to assess local resources to determine availability of personnel, equipment and other assistance to respond to the request. A Responding Party is not required to provide Mutual Aid assistance unless the Responding Party determines that the Responding Party has sufficient resources to provide assistance, based on current or anticipated events in its jurisdiction. b. Information Required of the Responding Party. A Point of Contact who determines that the Responding Party has available personnel, equipment, and other resources, shall so notify the Requesting Party and provide the following information, to the extent known: i. A complete description of the personnel and their expertise and capabilities, equipment, and other resources to be furnished to the Requesting Party; ii. The estimated length of time that the personnel, equipment, and other resources will be available; iii. The name of the person or persons to be designated as supervisory personnel; and, iv. The estimated time of arrival for provided assistance to arrive at the designated location(s). c. Supervision and Control. When providing assistance under the terms of this Agreement,the response effort must be organized and function in accordance with NIMS guidelines. The personnel, equipment, and resources of a Responding South East Texas Regional Planning Commission facilitated Mutual Aid Agreement Page 4 of 11 Party being used in the response effort will be under the operational control of the Requesting Party. Direct supervision and control of personnel, equipment and resources, as well as personnel accountability, shall remain the responsibility of the designated supervisory personnel of the Responding Party. Emergency Medical Services organizations providing assistance under this Agreement will utilize medical protocols authorized by their medical director. The designated supervisory personnel of the Responding Party shall: maintain daily personnel time records, material records and a log of equipment hours; be responsible for the operation and maintenance of the equipment and other resources furnished by the Responding Party; and, report work progress to the Requesting Party. d. Food. Housing, and Self-Sufficiency. The Requesting Party shall have the responsibility of providing food and housing for the personnel of the Responding Party from the time of their arrival at the designated location(s)to the time of their departure. However, Responding Party personnel and equipment should be,to the greatest extent possible, self-sufficient while working in the Emergency area. The Requesting Party may limit its request for assistance to only self-sufficient personnel and resources in its request for assistance. e. Rights and Privileges Personnel who are assigned, designated or ordered by their Party's governing body to perform duties pursuant to this Agreement shall continue to receive the same wages, salary, pension and other compensation including injury or death benefits, disability payments, and workers' compensation benefits, for the performance of those duties as though the services had been rendered for the Parry employing the personnel. The Responding Party employing the person is responsible for the payment of wages, salary, pension, and other compensation and benefits associated with the performance of duties under this Agreement. f. License Portability. If the assistance of a person who holds a license, certificate,permit, or other document evidencing qualification in a professional, mechanical,or other skill is requested by a Party under this Agreement,the person is considered licensed, certified, permitted, or otherwise documented in the Requesting Party's jurisdiction in which the service is provided as long as the service is required, subject to any limitations imposed by the chief executive officer or governing body of the Requesting Party. g. The Duration of Aid. The provision of Mutual Aid under this Agreement may continue until the services of the Responding Party are no longer required, or the Responding Party determines that further Mutual Aid should not be provided. Resources of the Responding Party shall remain subject to recall South East Texas Regional Planning Commission facilitated Mutual Aid Agreement Page 5 of I by the Responding Party at any time, subject to reasonable notice to the Requesting Party. 9. COSTS All costs associated with the provision of Mutual Aid exceeding twelve consecutive hours shall be paid by the Responding Party and reimbursed by the Requesting Party at actual cost, to the extent permitted by law. Such costs include but are not limited to: compensation for personnel; operation and maintenance of equipment; damage to equipment; and food, lodging and transportation expenses. a. Requests for reimbursement must be submitted as soon as practicable but no later than sixty days after the return of all personnel deployed under this Agreement. Submission will follow the standard billing practices as pre- established by each jurisdiction. Failure to submit a request for reimbursement within the specified time frame will result in the Responding Party not being reimbursed for the Mutual Aid provided unless the Requesting Party extends the deadline for filing requests for reimbursement or the Federal or State Government extends the deadline for filing request for reimbursement. Such requests shalt specifically identify all personnel, equipment, and resources provided; dates of issuance or duration of deployment, and the unit cost and total costs associated with each. b. The Responding Party shall be responsible for creating and maintaining a record of all costs incurred, both reimbursed and unreimbursed costs, in providing Mutual Aid under this Agreement. The record shall be kept for a period of three years from the date the incident is closed. c. In the event federal funds are available for costs associated with the provision of Mutual Aid, the Parties agree that the Requesting Party may make the claim for the eligible costs of the Responding Party on its subgrantee application and will disburse the federal share of funds to the Responding Party. d. Reimbursement under this Section will be made by the Requesting Party no later than: (1) one-hundred eighty days after receipt of the request for reimbursement; or (2) ninety days after the Requesting Party receives reimbursement from the federal or state government,whichever is sooner. e. The provision of Mutual Aid will be considered non-reimbursable if the Responding Party does not request reimbursement within the time specified in this Section. 10. INSURANCE a. Workers' Compensation Coverage Each Party shall be responsible for complying with the Texas Workers' Compensation Act. b. Automobile Liability Coverage Each Party shall be responsible for complying with the Texas motor vehicle financial responsibility laws. South East Texas Regional Planning Commission facilitated Mutual Aid Agreement Page 6 of 11 c. General Liability,Public Officials Liability and Law Enforcement Liability. Each Party agrees to obtain or continue its general liability,public official's liability and law enforcement liability insurance, if applicable, or maintain a comparable self-insurance program. d. Other Coverage: The Responding Party shall provide and maintain its standard packages of medical and death benefit insurance coverage while its personnel are assisting the Requesting Party. 11. EXPENDING FUNDS a. Each Responding Party which performs services or furnishes aid pursuant to this Agreement shall do so with appropriated funds from current revenues available to the Responding Party, to the extent permitted by law. No Party shall have any liability for the failure to expend funds to provide aid hereunder. b. Each Requesting Party which reimburses costs of a Responding Party shall do so with appropriated funds from current revenues available to the Requesting Party, to the extent permitted by law. 12. EMERGENCY ASSISTANCE AND LAW ENFORCEMENT ASSISTANCE Notwithstanding any other provisions herein, any Party hereto may provide emergency assistance or law enforcement assistance to another Party as provided in Section 791.027 of the Texas Government Code or Section 362.002 of the Texas Local Government Code. 13. TERM This Agreement shall become effective as to each Party when approved and executed by that Party and shall be binding on each and every Party through December 31 of the year signed. This Agreement shall automatically renew for a period of one year upon the completion of the initial term and each subsequent term unless and until such time as the governing body of a Party terminates its participation in this Agreement pursuant to Section 25 of this Agreement. Termination of participation in this Agreement by a Party(ies) shall not affect the continued operation of this Agreement between and among the remaining Parties and this Agreement shall continue in force and remain binding on the remaining Parties. 14. LIABILITY IN FIRE PROTECTION CONTRACT OR PROVISION OF LAW ENFORCEMENT SERVICES. To the extent that this Agreement is considered an Agreement under Section 791.006 of the Texas Government Code, the Responding Party under this Agreement is not responsible for any civil liability that arises from the furnishing of services described in Section 791.006. South East Texas Regional Planning Commission facilitated Mutual Aid Agreement Page 7 of 11 15. LIABILITY UNDER INTERLOCAL CONTRACT A Party that furnishes a service related to a homeland security activity, as defined in Chapter 421 of the Texas Government Code, under this Agreement is immune from civil liability for any act or omission resulting in death, damage, or injury while acting under this Agreement if the act or omission was in good faith and in the course and scope of its functions to provide a service related to a homeland security activity. To the extent that any service is not considered to be a homeland security activity, as defined in Chapter 421 of the Texas Government Code, the Requesting Party assumes all risk of and responsibility for any claims against the Responding Party that arise out of the Responding Party's furnishing of Mutual Aid under this Agreement, so long as,the act or omission was in good faith and in the course and scope of its functions to provide Mutual Aid under this Agreement. 16. ENTIRETY This Agreement contains all commitments and agreements of the Parties regarding Mutual Aid to be rendered during or in connection with an Emergency. All previously entered into Regional Mutual Aid Agreements are superseded by this Agreement No other oral or written commitments of the parties shall have any force or effect if not contained herein. Notwithstanding the preceding sentence, it is understood and agreed that certain signatory Parties may have heretofore contracted or hereafter contract with each other for Mutual Aid in Emergencies or the provision of other government services and functions, and it is agreed that this Agreement shall be subordinate to any such individual agreement. 17. OTHER MUTUAL AID AGREEMENTS To assist each other in the process of Mutual Aid response planning, each Party shall inform the Administrative Agency of all mutual aid agreements, memorandums of agreement or understanding, or contracts that each Party has with other municipalities, entities, counties, and state or federal agencies and furnish copies of said mutual aid agreements, memorandums of agreement or understanding, or contracts to the Administrative Agency,preferably in electronic format, if and when feasible and/or permissible. 18. RATIFICATION Each Party hereby ratifies the rendering and/or receiving of Mutual Aid taken prior to the date of this Agreement. 19. INTERLOCAL COOPERATION ACT The Parties agree that Mutual Aid in the context contemplated herein is a "governmental function and service" and that the Parties are "local governments" as those terms are defined in the Interlocal Cooperation Act. 20. CONFIDENTIALITY The Parties recognize that the provision of Mutual Aid under this Agreement may result in the transfer of confidential medical information between them. The Parties shall guard the confidentiality of such information as required by the federal Health South East Texas Regional Planning Commission facilitated Mutual Aid Agreement Page 8 of 11 Insurance Portability and Accountability Act of 1996(HIPAA),the Texas Medical Practice Act, and other state privacy laws pertaining to the confidentiality of medical records. 21. SEVERABILITY If a provision contained in this Agreement is held invalid for any reason,the invalidity does not affect other provisions of this Agreement that can be given effect without the invalid provision, and to this end the provisions of this Agreement are severable. 22. VALIDITY AND ENFORCEABILITY If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement,then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations,and so modified,this Agreement shall continue in full force and effect. 23. AMENDMENT The Parties agree that this Agreement may be reviewed annually by a regional ad- hoc committee composed of the agency Emergency Management Coordinators or Emergency Management Directors where no coordinator has been appointed. At least sixty calendar days (60 days) before any meeting at which an amendment or amendments to this Agreement will be considered and voted upon, the Administrative Agency shall send out notice to each Party to this Agreement informing them of the proposed amendment(s). This notice shall include the language of the amendment(s),and a list of current ad-hoc committee members and the jurisdictions they represent. Each Party may direct any comments or concerns about said amendment(s) to their respective Emergency Management representative(s) prior to said meeting. The adhoc committee may recommend amendment to the agreement which will then be submitted to the respective parties' governing bodies for authorization. 24. TERMINATION The governing body of a Party which is a signatory hereto, shall, by order, ordinance, or resolution, give notice of termination of participation in this Agreement and submit a certified copy of such order, ordinance, or resolution to the Administrative Agency. Such termination shall become effective not earlier than 30 days after the filing of such notice. The termination by one or more of the Parties of its participation in this Agreement shall not affect the operation of this Agreement as between the other Parties hereto. Upon receipt of said notice to terminate participation in the Agreement, the Administrative Agency shall notify the remaining Parties to the Agreement in writing within ten days. 25.THIRD PARTIES This Agreement is intended to inure only to the benefit of the Parties hereto. This Agreement is not intended to create, nor shall be deemed or construed to create, any rights in third parties. South East Texas Regional Planning Commission facilitated Mutual Aid Agreement Page 9 of 11 26. NOTICES Any notice required or permitted between the Parties must be in writing, addressed to the attention of each respective Point of Contact,and shall be delivered in person, or mailed certified mail, return receipt requested, or may be transmitted by facsimile transmission or email. 27. AUTHORIZATION The Agreement has been officially authorized by the governing or controlling body of each Party hereto by order, ordinance or resolution and each signatory to this Agreement represents that the signatory has full authority to execute this Agreement on behalf of and to legally bind the respective Party to this Agreement. 28. IMMUNITY RETAINED The Parties to this Agreement do not waive or relinquish any immunity or defense on behalf of itself, officers, employers, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. 29. GOVERNING LAW AND VENUE The laws of the State of Texas shall govern this Agreement In the event of an Emergency physically occurring within the geographical limits of only one county that is a Party hereto,venue shall lie in the county in which the Emergency occurred. In the event of an Emergency physically occurring in more than one county that is a Party hereto, venue shall be determined in accordance with the Texas Rules of Civil Procedure. 30. PARTY ELIGIBILITY Any local government as that term is defined in Chapter 791 of the Texas Government Code may be a Party to this Agreement, provided that no Party is an agency, department or entity of the same town, county or State government. 31. FORMS The Administrative Agency may prepare and provide forms designated for the purposes of this Agreement to be used by the Parties. 32. HEADINGS The headings at the beginning of the various provisions of this Agreement have been included only to more quickly locate the subject covered by each provision and are not to be used in construing this Agreement. South East Texas Regional Planning Commission facilitated Mutual Aid Agreement Page 10 of 11 EXECUTED by the Parties hereto,each respective entity acting by and through its duly authorized official as required by law,on multiple counterparts each of which shall be deemed to be an original, effective among the parties who sign it at the time of their signature, on the date specified on the multiple counterpart executed by such entity. CITY OF BEAUMONT ATTEST/SEAL: CITY OF BEAUMONT, TEXAS Signed by: City or County Clerk Mayor or Judge APPROVED: COUNTERSIGNED BY: Agency Administrator Emergency Management Coordinator APPROVED AS TO FORM: DATE COUNTERSIGNED: City or County Attorney L.D. File No. South East Texas Regional Planning Commission facilitated Mutual Aid Agreement Page 11 of 11 July 27, 2021 Amend Resolution 21-162 to include the authorization of a one-time payment to the two Assistant Police Chiefs and the Assistant Fire Chief in an amount equal to 2%of their base wages BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Smumeaux, Chief Financial Officer MEETING DATE: July 27, 2021 REQUESTED ACTION: Council consider amending Resolution 21-162 to include the authorization of a one-time payment to the two Assistant Police Chiefs and the Assistant Fire Chief in an amount equal to 2%of their base wages. BACKGROUND On July 13, 2021, Council approved a resolution authorizing 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. Sworn police and firefighters receive increases in accordance with their collective bargaining agreements. The two Assistant Police Chiefs and the Assistant Fire Chief are considered sworn personnel; however,their wages are not covered in the collective bargaining agreements. It has been standard practice to give them the same increase as civilians receive, thus they should receive the 2%one-time payment as will the civilian employees. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on July, 13, 2021 the City Council of the City of Beaumont, Texas passed Resolution No. 21-162 authorizing a one-time payment to all full-time civilian employees and appointed officials in an amount equal to 2% of their base wages and a one-time payment in the amount of $1,000, less all applicable payroll taxes, pension contributions and other related deductions, to all full-time civilian employees making less than $50,000 per year; and, WHEREAS, an amendment to Resolution No. 21-162 is necessary to include the authorization of a one-time payment in an amount equal to 2% of their base wages to two (2) Assistant Police Chiefs and one (1) Assistant Fire Chief that are considered sworn personnel, however, their wages are not covered in their collective bargaining agreements; 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 Resolution No. 21-162 if hereby amended to include a one-time payment in an amount equal to 2% of their base wages to two (2) Assistant Police Chiefs and one (1) Assistant Fire Chief. 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 27th day of July, 2021. - Mayor Robin Mouton - 8 Juiy 27, 2021 Approve a payment to Jefferson County related to the 800 MHz radio system BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works and Technology Services MEETING DATE: July 27, 2021 REQUESTED ACTION: Council consider a resolution approving a payment to Jefferson County related to the 800 MHz radio system. BACKGROUND The 800 MHz radio system is used by EMS, Fire, Police and numerous other departments throughout the city for daily communications. Costs required to maintain the radio system include TI circuits, UPS maintenance and servicing generators at each tower site. These expenses are paid by the entity who is responsible for the tower. At the end of the billing year the cost is divided equally by the users on the system based on the number of radios each entity has. Jefferson County is responsible for generating the invoice to each entity. The 800 MHz radio system is shared with the counties of Jefferson, Hardin and Orange,the cities of Orange, Groves,Nederland, Port Arthur, Port Neches and Vidor, the Port of Beaumont, BISD, Water District No.10, ESD3, ESD4, Acadian and Lamar University's Police Department. The payment covers the period of September 1, 2020, to August 30, 2021. City of Beaumont's portion is$137,531.37. FUNDING SOURCE Capital Reserve, General Fund, Confiscated Goods, Water, Solid Waste and Fleet Funds. RECOMMENDATION Approval of the resolution. JEFFERSON COUNTY INVOICE 1149 PEARL 7TH FLOOR BEAUMONT,TX 77701 SERVICES PROVIDED FOR: City of Beaumont INVOICE DATEI 9/120 Attn: Kenneth Smith INVOICE NUMBER 2002 P 0 Box 3827 Beaumont,Tx 77704 QUANTITYF-T DESCRIPTION UNIT PRICE AMOUNT 1 800 MHz Radio System Annual Cost-25%Match 0.00 $0.00 9/1/2020-81312021. 1 Other Costs for Radio System 165,914,66 $165,914,66 1 Credit for costs paid by City (28,383.29) ($28,383.29) 137,531.37 $137,531.37 Questions Concerning this invoice? MAKE ALL CHECKS PAYABLE TO: PAY THIS Call: Fran Lee JEFFERSON COUNTY AMOUNT (409)835-8500 1149 PEARL 7TH FLOOR BEAUMONT,TX 77701 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 approve a payment in the amount of $137,531.37 to Jefferson County for the City's portion of an annual maintenance agreement for support of the shared 000 MHz radio system. The maintenance agreement is effective September 1, 2020 and will terminate August 31, 2021. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July, 2021. - Mayor Becky Ames - 9 July 27, 2021 Consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main Street BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: July 27, 2021 REQUESTED ACTION: Council consider authorizing the City Manager to execute all documents necessary to acquire the building and property located at 555 Main Street. BACKGROUND The City of Beaumont lost property, in certain areas,along the shoreline of Riverfront Park during and as a result of Hurricane Harvey. The property located at 555 Main Street is approximately 3.68 acres in size and includes the former ATT Building that has been vacant for a number of years. The property is located west of the Neches River and is surrounded by City-owned parking lots and streets, specifically the Civic Center Parking Lot; Main Street; Tevis Street and Cypress Street. The additional acreage will allow for possible expansion of Riverfont Park;public spaces such as sidewalks; hike and bike trails and other amenities for citizens and visitors. Once acquired,the City Council would be in control of the building and property and would decide the priorities and next steps. FUNDING SOURCE The City would acquire the property for$2,785,000 plus associated fees including various closing cost fees and title company expenses. All of the above expenditures will be paid for with available cash in the General Fund's Fund Balance. The Fund Balance has approximately $50 Million, which is 36%of expenditures in the General Fund. The Financial Policies, adopted by the City Council as a part of the FY 2021 Budget, state the General Fund ending fund balance not be less than 20%of that fund's annual operating expenditures. RECOMMENDATION Approval of the resolution. SALESCONTRACT DR4�� TTIE STATE OF TEXAS § § COUNTY OF JEFFERSON § This Agreement made and entered into by and between the following parties: (1) 555 Main Street, LLC, a Texas limited liability company, hereinafter called "Seller", whether one or more;and (2) City of Beaumont,a Texas municipality,hereinafter called"Buyer",whether one or more. WITNESSETH: Article 1. 1.1 On the terms and conditions, and for the consideration hereinafter stated, Seller hereby sells and agrees to convey to Buyer, and Buyer agrees to buy and pay for certain real property located at 555 Main Street in the City of Beaumont, Jefferson County, Texas 77701-3548, hereinafter referred to as the 4 "Property",more fully described as follows: (a) that certain real property and all improvements and fixtures located thereon (which improvements and fixtures are hereinafter sometimes called the "Improvements"), more fully described in Exhibit"A",attached hereto and made a part hereof by this reference;and (b) all of Seller's right, title, and interest in and to all rights and appurtenances pertaining to the above described land and Improvements, including, any right, title, and interest in and to any adjacent public rights-of-way. 1.2 Notwithstanding anything to the contrary contained in this Agreement, Seller shall have the right, at Seller's expense, to remove any Improvements and/or equipment, including, but not limited to HVAC equipment that Seller wishes to retain ("Seller's Removal Right"). Seller's Removal Right shall ran from the Effective Date(as such term is defined in this Agreement)through ninety(90)days after the Closing Date(as such term is defined in this Agreement). If Seller is unable to fully exercise Seller's Removal Right within the above-stated period of time, Seller may request a reasonable extension of time from Buyer to exercise Seller's Removal Right, which request will not be unreasonably denied by Buyer. Buyer agrees to 4 cooperate with Seller regarding Seller's Removal Right. 1 #1884581 Article 2. 2.1 The purchase price of the Property shall be 7WO MILLION SEVEN I-IUNDRED EIGHTY FIVE THOUSAND AND NO/100 DOLLARS ($2,785,000.00), hereinafter called the "purchase price", payable at the closing of the purchase and sale of the Property, hereinafter called the "Closing", in cash, by bank wire transfer,or by title company check. 2.2 Buyer on the execution of this Agreement has deposited with the Title Company (as such term is hereinafter defined) the sum of ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00), as earnest money, hereinafter called the "Earnest Money." At closing, the Earnest Money shall be applied as a credit to the purchase price. Article 3. 3.1 Buyer hereby agrees at Buyer's sole cost and expense to cause Texas Regional Title Company located at 7675 Folsom, Bldg. 100, Beaumont, Texas 77706, attention: Anthony Papa, herein called the "Title Company",to deliver the following to the Buyer and Seller within seven (7) days after the Effective Date hereof: (a) A title commitment prepared in accordance with the instructions contained below(the"Title Commitment') covering the Property and binding the Title Company to issue at Closing an Owner Policy of Title Insurance on the Standard form of policy then prescribed by the Texas State Board of Insurance in the full amount of the Purchase Price;and (b) Copies of any and all instruments listed as exceptions to title to the Property in Schedules B and C of the Commitment. The parties further instruct the Title Company that Schedule B of the Title Commitment must comply (and the parties agree that this Section 3.1 shall not be deemed to have been satisfied until schedule B of the Title Commitment does comply in all material respects)with the following requirements: (a) the exception for restrictive covenants must be deleted or, if there are recorded restrictive covenants,then describe the recorded restrictions which affect the Property; (b) the survey exception must reflect that it shall be deleted,except for"shortages in area;" (e) the exception for taxes, standby fees, and assessments must reflect only taxes for the year of Closing (or if taxes are to be paid for the year of Closing at the Closing, for the calendar year immediately following the year of Closing) and subsequent years, and subsequent taxes and assessments for prior years due to change in land usage or ownership; 2 41884581 (d) no limitation on the right of access to the Property shall be permitted and satisfactory evidence of access shall be supplied by Seller to the Title Company so that no such limitation on the right of access to the Property insured by the Owner Policy of Title Insurance shall be contained therein;and (e) the Title Commitment shall provide that Section 14 of the Conditions and Stipulations of the Owner's Title Policy regarding arbitration is to be deleted. 3.2 Buyer shall have until five (5) days after the delivery to Buyer of the Commitment accompanied by copies of the instruments listed as exceptions to title as above provided (the "Title Review Period")to review the Title Commitment, and to deliver in writing to Seller such objections as Buyer may have to any exceptions disclosed in the Title Commitment; provided, however, that Buyer shall not be required to object to any mortgage liens and deeds of trust liens contained in Schedule C of the Title Commitment, and Seller shall have until closing to cure the same. Any item contained in Schedule B of the Title Commitment or on the Survey, to which Buyer shall not object during the Title Review Period shall be deemed "Permitted Encumbrances". 3.3 If within the Title Review Period Buyer delivers to Seller written objections as contemplated in Section 3.2 above, Seller shall in good faith attempt to cure the objections prior to Closing; provided, however,that Seller shall not be required to incur any cost in excess of$100 to do so. 3.4 If within five (5) days after the conclusion of the Title Review Period, Seller has not cured all objections of which Buyer gave written notice to Seller during the Title Review Period, then Buyer as its sale remedy may either (i) terminate this Agreement, receive a refund of the Earnest Money (less the sum of$100.00 which shall be paid to Seller for the termination rights contained herein) and neither parry shall have any further obligation hereunder or(ii) waive the objections and accept such title as Seller is able to convey(with each uncured objection being also deemed a "Permitted Encumbrance"). 3.5 Buyer hereby represents and warrants that Buyer has independently inspected and reviewed all of the Property and records of Seller related thereto that Buyer desires to inspect and review, and Buyer has entered into this Agreement and will close this transaction based on Buyer's own determination of the value and condition of the Property. Buyer further represents and warrants to the Seller that Buyer has or has available to Buyer the knowledge and expertise in financial real estate and 3 41884581 business matters that enables Buyer to evaluate the merits and risks of the transactions contemplated by this Agreement, and Buyer is not in a significantly disparate bargaining position with Seller with regard to the transactions contemplated by this Agreement. Buyer agrees and acknowledges that the Property is being sold to Buyer by the Seller and that Buyer is becoming the owner of the Property on an AS-IS, WHF,RE-IS BASIS, WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WRITTEN OR ORAL, EXCEPT AS OTHERWISE EXPRESSLY SET OUT IN THIS CONTRACT, IT BEING THE INTENTION OF SELLER AND BUYER TO EXPRESSLY REVOKE, RELEASE, NEGATE, AND EXCLUDE ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES AS TO (i) THE CONDITION OF ANY OF THE PROPERTY OR ANY ASPECT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES RELATED TO SUITABILITY FOR HABITATION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE; (ii) THE NATURE OR QUALITY OF CONSTRUCTION, STRUCTURAL DESIGN OR ENGINEERING OF ANY OF THE PROPERTY; (iii) THE QUALITY OF THE LABOR OR MATERIAL INCLUDED IN ANY OF THE PROPERTY; (iv) THE, AREA, SIZE, SHAPE, CONFIGURATION, LOCATION, CAPACITY, USE, DEVELOPMENT POTENTIAL, PURPOSE OR OTHER CHARACTERISTIC CONCERNING OR RELATING TO THE PROPERTY; Tel ANY FEATURES OR CONDITIONS AT OR WHICH AFFECT THE PROPERTY WITH RESPECT TO ANY PARTICULAR PURPOSE, USE, DEVELOPMENTAL POTENTIAL, CASH FLOW, OR OTHERWISE; (vi) ANY PAST OR PREDICTED INCOME OR CASH FLOW OR BUSINESS POTENTIAL OF THE PROPERTY; (vii) ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY DESCRIPTION OF THE PROPERTY; (viii) ANY ENVIRONMENTAL, GEOLOGICAL, METEOROLOGICAL, STRUCTURAL, OR OTHER CONDITION OR HAZARD OR THE ABSENCE THEREOF HERETOFORE, NOW, OR HEREAFTER AFFECTING IN ANY 4 01884581 MANNER ANY OF THE PROPERTY; AND (ix) ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS BY SELLER WHATSOEVER, EXCEPT SOLELY THE WRITTEN REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT AND THE SPECIAL WARRANTY OF TITLE EXPRESSLY SET FORTH IN THE DEED CONVEYING THE PROPERTY TO BUYER. The provisions of this Article shall survive closing. It is expressly understood and agreed that the Special Warranty Deed (the "Deed") and Bill of Sale delivered by Seller to Buyer at Closing shall contain a provision substantially the same as the immediately preceding sentence. Article 4. 4.1 The Closing of the sale of the Property shall be held at the offices of the Title Company on August 16, 2021, unless Buyer and Seller mutually agree on an earlier date and time for Closing. On the Closing Date at the time of Closing, Buyer shall pay the purchase price to Seller as set out in Article 2 above. Seller shall execute and deliver Deed with special warranty of title, conveying the Property to Buyer subject only to(i)the Permitted Encumbrances,(ii)ad valorem property taxes for the year of Closing and subsequent years not yet due and payable (unless such taxes are to be paid at Closing, then the exception shall be for taxes for calendar year immediately following the year of Closing and subsequent years), and (iii)all zoning laws, regulations and ordinances of municipal and other governmental authorities, if any, but only to the extent that they are still in effect,relating to the Property. Issuance of an Owner Policy of Title Insurance in accordance with this Agreement and dated as of Closing Date shall discharge the duties of Seller as to the sufficiency of title required hereunder; however, Seller shall not thereby be released from the special warranties of the Deed executed by Seller conveying the Property to Buyer. 4.2 At least two (2) business days prior to Closing, each party shall deliver to the other any appropriate resolutions and/or such other documentation as may be reasonably required to evidence the authority of each party to execute this Contract and to close the transactions contemplated hereby. Seller and Buyer further agree that each will do all things necessary or required to effect the conclusion of the sale and purchase of the Property under the terms and conditions described herein, in full compliance with the 5 91884581 agreements contained herein, including the execution of all necessary papers and documents therefor on or before Closing. 4.3 Seller is not a "foreign person', as defined in the federal Foreign Investment in Real Property Tax Act of 1980 and the 1984 Tax Reform Act, as amended (the "federal tax law"), and at Closing will execute a certificate so stating, in a form complying with the federal tax law 4.4 Each party hereto agrees to execute such other documents as may be reasonably required by the Title Company or otherwise reasonably required to effect the Closing of the transaction contemplated hereunder. Article 5. 5.1 Ad valorem property taxes for the year of Closing shall be prorated to on a per diem basis to the Closing Date. Buyer shall receive a credit at Closing for ad valorem taxes accrued prior to the Closing Date,and Buyer agrees to assume and pay in full the ad valorem property taxes on the Property for the year of Closing, unless Buyer and Seller agreed to pay their respective share of the taxes at Closing. If actual ad valorem property taxes for the year of Closing are not available on the Closing Date, property taxes on the Property shall be estimated on the latest valuation of the Property and latest tax rate available on the Closing Date. Buyer and Seller agree to make such payments to one another after the Closing Date to have the pro- ration of taxes on the Property equal the actual taxes on the Property for the year in which the Closing Date occurs after the actual tax statements on the Property are issued 5.2 Possession of the Property shall be delivered to the Buyer on the Closing Date. 5.3 Buyer and Seller agree to contact the respective entities providing utility services to the Property prior to Closing so that utilities on or after the Closing Date shall be billed to and paid by Buyer and all utilities supplied to the Property prior to the Closing Date shall be billed to and paid by Seller. Article 6. Seller represents and warrants that no real estate agent or broker has been engaged by Seller in connection with the sale contemplated hereby and that no commission is owed by Seller to any such agent or broker. Buyer represents and warrants that no real estate agent or broker has been engaged by Buyer in 6 01884581 connection with the sale contemplated hereby and that no commission is owed by Buyer to any such agent or broker. Article 7. At the time of Closing, Seller shall pay(i)one-half of the cost of any title company closing or escrow fee,(ii) Seller's attorneys' fees and expenses,and(iii)recording costs of any release,the notice to purchasers, and any documents recorded to clear title to the Property. At the time of Closing, Buyer shall pay the following costs associated with the sale of the Property: (i)one-half of the cost of any Title Company closing or escrow fee, (ii) all recording costs other than those to be paid by Seller as sated above, (iii)the premium for the basic Owner Policy of Title Insurance in the amount of the purchase price and any other endorsements requested by Buyer,and(iv)any attorneys'fees incurred by Buyer. Article 8. Should the transaction provided for herein not be consummated by reason of a default (willful or otherwise)by Buyer, Seller shall,at Seller's option,terminate this Agreement and be paid the Earnest Money, and all further obligations shall cease hereunder. If the transaction provided for herein is not consummated by reason of a default (willful or otherwise) by Seller (other than an inability to deliver a title policy complying with the terms of Article 3 hereof),Buyer may,at Buyer's option,(i)terminate this Agreement and receive a refund of the Earnest Money and all parties shall be released of all other liability hereunder, or(ii) be entitled to bring suit for specific performance. Buyer and Seller hereby waive all right to bring suit for damages for a breach of this Agreement against each other, except for damages for a breach of warranty and/or claim for indemnity under Article 6, and recovery of attorneys' fees and expenses incurred in enforcing the terms of this Agreement. Article 9. 9.1 In the event that condemnation proceedings are instituted or threatened against the whole of the Property or any part thereof, the Buyer or Seller may terminate this Agreement and written notice to the other prior to Closing in which event the Earnest Money shall be refunded to Buyer. If neither party terminates as above provide, Buyer and Seller may proceed to Closing and all condemnation awards shall be 7 #1884581 payable to Buyer. Seller shall give to Buyer notice of any notices or threats of condemnation received by Seller prior to Closing. 9.2 'fhe risk of any casualty loss to the Property on or before the Closing Date shall lie with Seller. If the Property or any part thereof is damaged or destroyed by any casualty loss on or before the Closing Date amounting to damages in excess of Fifty Thousand and No/100 Dollars ($50,000.00) to the Property, the Seller shall promptly notify Buyer of the nature and extent of such casualty loss and provide to Buyer a copy of Seller's insurance policy providing coverage therefor. Buyer shall have ten (10) days after the date of such notice of casualty loss from Seller to elect either to terminate this Agreement understanding that the Earnest Money shall be refunded to Buyer or elect to proceed to Closing and take an assignment from Seller of the insurance proceeds payable for such casualty loss; provided,however, that if such casualty loss causes damages equal to or less than Fifty Thousand and NO 00 Dollars ($50,000.00),then if such casualty loss can be repaired on or before the Closing Date, Seller may restore the Property to its condition immediately prior to such casualty loss, and Seller and Buyer shall proceed to Closing, or if such casualty loss cannot be repaired prior to Closing or if Buyer has elected to proceed to Closing despite such casualty loss exceeding $50,000.00, the Seller shall assign all insurance proceeds to Buyer at Closing, and the purchase price of the Property shall be reduced by any applicable deductible. In addition, if such casualty loss is $50,000.00 or less, and Buyer must close despite such casualty loss hereunder, Seller shall reimburse Buyer for any amount of such casualty loss over and above the deductible that is not covered by the insurance policy or policies on the Property. The time for Closing shall be automatically extended up to thirty(30)days to determine the amount of such casualty loss and up to an additional ten (10) days to allow the Buyer the time to make its election hereunder, if such casualty loss exceeds $50,000.00. The amount of such casualty loss shall be determined by an experienced commercial contractor located in Beaumont, Texas, selected by Seller. Article 10. Unless otherwise provided herein, any notice, tender, or delivery to be given hereunder by either party to the other may be effected in writing by personal delivery, effective on delivery, by certified 8 #1884581 United States mail, postage prepaid, return receipt requested, and if mailed as stated herein, shall be deemed received on deposit in the custody of the United States Postal Service as set out herein, or by telefacsimile or email notice,with evidence of receipt of delivery deemed received on delivery. I the Seller: 555 Main Street c/o Tom Flanagan 595 Orleans St, Suite 1500 Beaumont,Texas 77701-3214 Tel.:(409)833-5053 Email: tomf(&iiFlanagan.com With a copy to: Charles W.Goehringer,Jr. Germer PLLC 550 Fannin, Suite 400 Beaumont,Texas 77701 Tel.: (409)654-6700 Email: cweoehrinegr(a7germeccom To the Buyer: City of Beaumont Attention: Kyle Hayes 801 Main St. Beaumont,Texas 77701-3548 Tel.: (409)880-3152 Email: antoinette hardv(a)beaumonttexas.gov With a copy to: Tyrone Cooper General Counsel for the City of Beaumont 801 Main St. Beaumont,Texas 77701 Tel.: (409)880-3715 Email: Tyrone Coouer(a),BeaumontTexas.gov Any party may change its address set out above by written notice to the other party setting out such new address as set out above,effective three(3)business days after the effective date of such notice. Article 11. This Agreement contains the entire agreement between the parties with respect to the transactions contemplated herein and all prior or contemporaneous agreements, understandings, representations, and statements(oral or written)are merged into this Agreement. Article 12. This Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, executors and assigns,except as otherwise expressly limited herein. 9 91884581 Article 13. Time is of the essence of this Agreement. Article 14. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and shall be performable in Jefferson County, Texas. Venue for any litigation arising under this Agreement shall be in the state or federal courts of Jefferson County,Texas. In any litigation arising over this Agreement,the prevailing parry may recover reasonable attorneys' fees and expenses. Article 15. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal or unenforceable provision had never been contained herein. Article 16. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural and the plum]to include the singular. Article 17. If applicable, Seller and Buyer have executed the attached notice to Buyer complying with the provisions of Section 49.452 of the Texas Water Code, and further agree at Closing, Seller shall deliver to Buyer the further written notice required by said Section 49.452, and Buyer agrees to sign an acknowledge the notice to evidence receipt of the written notice. Article 18. The "Effective Date" of this Agreement for all purposes hereunder shall be the date this Agreement has been executed by Buyer and Seller and the Earnest Money has been paid to the Title Company and the Title Company has signed this Agreement to evidence receipt of the Earnest Money. Article 19. Buyer may not assign its rights under this Agreement without the written consent of Seller. 10 91884581 Article 20. If Buyer elects to purchase the Property, Seller may consummate the purchase and/or sale of the Property as part of a so-called like-kind exchange (the "Exchange") pursuant to § 1031 of the Internal Revenue Code of 1986, as amended (the "Code"), provided that: (i) the Closing shall not be delayed or affected by reason of the Exchange nor shall the consummation or accomplishment of the Exchange be a condition to Seller's obligations under this Agreement; (ii) Seller shall effect the Exchange through an assignment of its rights under this Agreement to a qualified intermediary; (iii) neither Buyer nor Seller shall be required to take an assignment or to acquire or hold title to any real property for purposes of consummating the Exchange; and (iv) such cooperation by Buyer or Seller shall be at no cost or liability to the other party. Neither Buyer nor Seller shall, by this agreement or acquiescence to the Exchange, (1) have its rights under this Agreement affected or diminished in any manner or (2) be responsible for compliance with or be deemed to have warranted to the other party that the Exchange in fact complies with § 1031 of the Code. This provision shall survive the Closing. Article 21. After Closing, if Buyer determines to not completely demolish the Improvements, Seller shall have the fight to repurchase the Property from Buyer for$2,785,000.00. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this the day of July,2021. SELLER: 555 Main Street,LLC By: Tom Flanagan President BUYER: City of Beaumont By: 11 41884581 Kyle Hayes City Manager 12 41884581 RECEIPT OF CONTRACT Texas Regional Title Company has signed this Agreement this the day of July, 2021, to evidence receipt of this Agreement and a check or wire transfer for$100,000.00 as the Earnest Money under this Agreement TEXAS REGIONAL TITLE COMPANY By: Name: Its Escrow Officer 13 41884581 Exhibit"A" Legal Description BEING 3.680 acres(160,305 square feet)of land situated in the Noah Tevis Survey,A-52,Jefferson County, Texas and being all of Blocks 19 and 25 of the Original Townsite of Beaumont,Texas,all of the former right-of-way of Travis Street lying between Blocks 19 and 25 and the n01th half of the former right-of-way of Hickory Street lying south of Blocks 19 and 25,said 3.690 acres being more particularly described by metes and bounds as follows with all bearings referenced to the call bearings in the deed into Southwestern Bell Telephone Company,recorded in Volume 1713,Page 116 of the Jefferson County Deed Records (J.C.D.R.); BEGINNING at an Y'mark set in concrete in the northeasterly right-of-way line of Main Street at its intersection with the centerline of the former Hickory Street(Abandoned by document recorded in Volume 1713,Page 112 and Volume 1901,Page 212 of the J.C.D.R,),same being the most southerly southwest comer of the herein described tract of land; THENCE,North 40°33'00"West,along the northeasterly right-of-way line of Main Street,a distance of 274.16 feet to an Y'mark set in concrete at the intersection of the northeasterly right-of-way line of Main Street with the east right-of-way line of Pine Street(61.11 feet wide)for the most westerly southwest comer of the herein described tract of land; THENCE,North,along the easterly right-of-way line of Pine Street,a distance of 122.24 feet to a point at the intersection of the east right-of-way line of Pine Street with the south right-of-way line of Tevis Street(61.11 feet wide)for the northwest comer of the herein described tract,from which a found SBC monument in concrete bears East,0.31 feet,same being the northwest comer of said Block 25; THENCE,East,along the south right-of-way line of Tevis Street,a distance of 541.11 feet to a point at the intersection of the south right-of-way line of Tevis Street with the west right-of-way line of Cypress Street for the northeast comer of the herein described tract, from which a found SBC monument in concrete bears West, 0.31 feet,same being the northeast comer of said Block 19; THENCE, South,along the west right-of-way line of Cypress Street,a distance of 330.56 feet to a 5/8-inch iron rod with plastic cap stamped "SORVCON INC" set at the intersection of the west right-of-way line of Cypress Street with the centerline of the former Hickory Street for the southeast comer of the herein described tract, from which a found SBC monument in concrete bears North 48013'East, 1.31 feet; THENCE,West,along the former centerline of Hickory Street, same being the north line of a tract of land conveyed to City of Beaumont on March 20, 1981 under Cause No.34199 in the County Court at Law in Jefferson County,Texas,a distance of 362,88 feet to the POINT OF BEGINNING and containing within its bounds a computed area of3.680 acres(160,305 square feet)of land. 14 #1884591 NOTICE TO PURCHASERS The real property, described below, which you are about to purchase is located in the Jefferson County Drainage District No. 6. The District has taxing authority separate from any other taxing authority, and may, subject to voter approval, issue an unlimited amount of bonds and levy an unlimited rate of tax in payment of such bonds. As of this date,the rate of taxes levied by the District on real property located in the District is $.195587 on each $100 of assessed valuation. If the district has not yet levied taxes, the most recent projected rate of debt service tax, as of this date is $ N/A on each $100 of assessed valuation. The total amount of bonds, excluding refunding bonds and any bonds or portion of bonds payable solely from revenues received or expected to be received pursuant to a contract with a governmental entity, approved by the voters and which have been or may, at this date, be issued is $0.00, and the aggregate initial principal amounts of all bonds issued for one or more of the specified facilities of the district and payable in whole or in part from property taxes is$0.00. The district is located in whole or in part within the corporate boundaries of the City of Beaumont. The taxpayers of the district are subject to the taxes imposed by the municipality and by the district until the district is dissolved. By law, a district located within the corporate boundaries of a municipality may be dissolved by municipal ordinance without the consent of the district or the voters of the district. The purpose of this District is to provide drainage and flood control facilities and services within the district through the issuance of bonds payable in whole or in part from property taxes. The cost of the utilities facilities is not included in the purchase price of your property, and these utility facilities are owned or to be owned by the District. The legal description of the property which you are acquiring is as follows: That certain tract of land, more or less, more fully described in Exhibit "A", attached hereto and made a part hereof by this reference. SELLER; 555 MAIN S I RErI, LLC By: Tom Flanagan President 15 #1884581 PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED BY THE DISTRICT. PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN ON THIS FORM. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or prior to execution of a binding contract for the purchase of the real property described in such notice or at closing of purchase of the real property. PURCHASER: City of Beaumont By: Kyle Hayes City Manager July 27,2021 DATE 16 #1884581 Exhibit"A" Legal Description BEING 3,680 acres(160,305 square feet)of land situated in the Noah Tevis Survey,A-52,Jefferson County, Texas and being all of Blocks 19 and 25 of the Original Townsite of Beaumont,Texas,all of the former right-of-way of Travis Street lying between Blocks 19 and 25 and the n01 th half of the former right-of-way of I Iickory Street lying south of Blocks 19 and 25,said 3.680 acres being more particularly described by metes and bounds as follows with all bearings referenced to the call bearings in the deed into Southwestern Bell Telephone Company,recorded in Volume 1713, Page 116 of the Jefferson County Deed Records (J.C.D.R.); BEGINNING at an "x"mark set in concrete in the northeasterly right-of-way line of Main Street at its intersection with the centerline of the former Hickory Street(Abandoned by document recorded in Volume 1713,Page 112 and Volume 1901,Page 212 of the J.C.D.R,),same being the most southerly southwest comer of the herein described tract of land; THENCE,North 40133'00"West,along the northeasterly right-of-way line of Main Street,a distance of 274.16 feet to an "x"mark set in concrete at the intersection of the northeasterly right-of-way line of Main Street with the east right-of-way line of Pine Street(61.11 feet wide)for the most westerly southwest comer of the herein described tract of land; THENCE,North,along the easterly right-of-way line of Pine Street,a distance of 122.24 feet to a point at the intersection of the east right-of-way line of Pine Street with the south right-of-way line of Tevis Street(61.11 feet wide)for the northwest comer of the herein described tract,from which a found SBC monument in concrete bears East,0.31 feet,same being the northwest comer of said Block 25; THENCE,East,along the south right-of-way line of Tevis Street,a distance of 541.11 feet to a point at the intersection of the south right-of-way line of Tevis Street with the west right-of-way line of Cypress Street for the northeast comer of the herein described tract,from which a found SBC monument in concrete bears West 0.31 feet,same being the northeast corner of said Block 19; THENCE, South,along the west right-of-way line of Cypress Street,a distance of 330.56 feet to a 5/8-inch iron rod with plastic cap stamped "SURVCON INC" set at the intersection of the west right-of-way line of Cypress Street with the centerline of the former Hickory Street for the southeast comer of the herein described tract, from which a found SBC monument in concrete bears North 48olY East 1.31 feet; THENCE, West,along the former centerline of Hickory Street, same being the north line of a tract of land conveyed to City of Beaumont on March 20, 1981 under Cause No.34199 in the County Court at Law in Jefferson County,Texas,a distance of362,88 feet to the POINT OF BEGINNING and containing within its bounds a computed area of 3.680 acres(160,305 square feet)of land. 17 #1884581 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 all documents necessary to acquire the building and property located at 555 Main Street. 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 27th day of July, 2021. - Mayor Robin Mouton - 10 July 27, 2021 Consider a request for a Specific Use Permit to allow a sports bar in a GC-MD (General Commercial—Multiple-Family Dwelling)District located at 2455 S. I I" Street BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager 615 `4 " PREPARED BY: Chris Boone, Plann' g &Community Development Director MEETING DATE: July 27, 2021 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a sports bar in a GC-MD (General Commercial —Multiple-Family Dwelling) District located at 2455 S. 1 I" Street. BACKGROUND William Griffin is applying for a Specific Use Permit to allow a sports bar in a GC-MD (General Commercial-Multiple-Family Dwelling)District. The facility will be located in an existing strip center on I Ith Street. The address of the property is 2455 S. 1Ith Street. Hours of operation will be Wednesday-Monday 6 p.m.-2 a.m. and closed on'fuesday. Security will be provided at night. This location pre dates the landscaping ordinance, so no privacy fence exists between the strip center and the residential properties to the cast. An eight(8) foot tall privacy fence will need to be installed and maintained for the full width of the property. At a Joint Public Hearing held on July 19, 2021, the Planning Commission recommended 7:1 to approve the request for a Specific Use Permit to allow a sports bar in a GC-MD (General Commercial-Multiple-Family Dwelling) District with the following conditions: 1. Install and maintain an eight(8) foot tall wood or masonry privacy fence for the width of the property. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment and/or F.O.G. program. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: I. Install and maintain an eight (8) foot tall wood or masonry privacy fence for the width of the property. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment and/or F.O.G. program. BEAUM© NT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Specific Use Permit Tag Name: Open an Ice House-sports bar Case#: PZ2021-208 Initiated On:6/2512021 3:08:51PM Location:2455 S 11TH ST, BEAUMONT,TX,77701 Individuals listed on the record: Applicant William Griffin Home Phone: 4092251516 9195 Landis Work Phone: Beaumont, TX 77707 Cell Phone:4092251516 E-Mail: wgriffn26@yahoo.com Property Owner Nd& Kt Llc Home Phone: Work Phone: Cell Phone: E-Mail: Case Type:Planning and Zoning Page 1 of 2 Case#:PZ2021-208 Printed On:6/2812021 BEAUM© NT Planning & Community Development Legal Description Number of Acres Proposed Use Sports Bar That the specific use will be Earl's Icehouse will not bring the property values of my neighbors. compatible with and not injurious to the use and enjoyment of other property,nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific Bringing in Ear's Icehouse will bring in more business to the use will not impede the normal and surrounding businesses and will not impede on development. orderly development and improvement of surrounding vacant property; That adequate utilities,access roads, Existing building so the building have existing utilities. drainage and other necessary supporting facilities have been or will be provided The design, location and arrangement The existing parking lot will accommodate for my business and not of all driveways and parking spaces impede on other store fronts. provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention No it will not put off any odors or noise measures have been or will be taken to prevent or control offensive odor, fumes,dust,noise and vibration That directional lighting will be Directional lighting already exists provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping This is an existing building and would be exempt from landscaping and screening to insure harmony and requirements compatibility with adjacent property That the proposed use is in Yes this is in the spirit of the Comprehensive Plan. accordance with the Comprehensive Plan Notes: Case Type:Planning and Zoning Page 2 of 2 Case#:PZ2021-208 Panted On:6128I2021 T CC f-lac,�se D�ev � cl 5�ov i S 3 Oeev W vie e (,v � lo� -e eS � ,��- ND�(ni SeLu✓ � I� O /n �✓ � 5� 5 D ?eu � �N� To 2 � ��. 2�z ✓ �� �e � 6 - 25 - Zv2 / ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SPORTS BAR IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2455 S. 11TH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, William Griffin has applied for a specific use permit to allow a sports bar in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 2455 S. 11th Street, being the South 80' of Lot 2, Block 2 and Lots 3 &4, Block 29B, College Acres Extension, Beaumont, Jefferson County, Texas, containing 1.08 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a sports bar in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 2455 S. 11th Street, subject to the following conditions; • Install and maintain an eight (8) foot tall wood or masonry privacy fence for the width of the property; • Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre- treatment and/or F.O.G. program; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a sports bar is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a sports bar in a GC-MD (General Commercial- Multiple Family Dwelling) District for property located at 2455 S. 11th Street, being the South 80' of Lot 2, Block 2 and Lots 3 & 4, Block 29B, College Acres Extension, Beaumont, Jefferson County, Texas, containing 1.08 acres, more or less, as shown on Exhibit'A" is hereby granted to William Griffin, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions; • Install and maintain an eight (8) foot tall wood or masonry privacy fence for the width of the property; • Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre- treatment and/or F.O.G. program. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July, 2021. - Mayor Robin Mouton - I' I Ii 0 i NOiTERIJi i , 117.v v RM-)Y�POW Commercial—Multiple-Family Dwelling) District. Applicant: William Griffin 11 200 Feet {h Ja _ al m J X � �q Y'. Y Lot t= ¢� .: IMi £ 6o aA ; lnrusvm mor..xorzs 1 c //miwn ip¢ 4 iwvcifan¢ s mrµ'�. I I I I I I I I I W ASPHALT PARKING LOT i SOUTH 11TH STREET cVCY IZ xnuY aws mufx mx mvct rrrwr rous mm sn O M.IV1 0 11 July 27, 2021 Consider a request for a Specific Use Permit to allow a drive-thru Daiquiri shack or bar in a GC- MD (General Commercial—Multiple-Family Dwelling) District located at 5305 College Street BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planking Community Development Director MEETING DATE: July 27, 2021 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a drive-flim Daiquiri shack or bar in a GC-MD (General Commercial —Multiple-Family Dwelling)District located at 5305 College Street. BACKGROUND Chrystal Carter, has requested a Specific Use Permit to allow a drive-than daiquiri shack or bar at 5305 College Street. This is an operational snow cone stand that is adding alcohol to their menu. All sales will be drive-than only and hours of operation will be Monday -Thursday noon-10 p.m., Friday & Saturday noon-midnight and Sunday 1 p.m.-10 p.m. At a Joint Public Hearing held on July 19, 2021, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a drive-thru Daiquiri shack or bar in a GC-MD (General Commercial—Multiple-Family Dwelling)District. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. BEAUM© NT Planning& Community Development Case Type:Planning and Zoning Case Status: PENDING Case Sub Type: Specific Use Permit Tag Name: Drive thm daquiri shack w/existing snow Case#: PZ2021-202 cone shop Location: 5305 COLLEGE ST, BEAUMONT, 77707 Initiated On:6/23/2021 3-03:45PM Individuals listed on the record., Applicant Chrystal Carter Home Phone: 148 S. Dowlen Rd#622 Work Phone: Beaumont,TX 77707 Cell Phone:409-454-7358 E-Mail: chrystalcarter60@gmail.com Property Owner Damien Trevor Enterprises Llc Home Phone: Work Phone: Cell Phone: E-Mail: Agent Chrystal Carter Home Phone: 148 S. Dowlen Rd #622 Work Phone: Beaumont, TX 77707 Cell Phone: 409-454-7358 E-Mail: chrystalcarter60@gmail.com Case Type:Planning and Zoning Page 1 of 2 Case 4:PZ2021-202 Printed On:6/2412021 BEAUM© NT Planning &Community Development Legal Description C WILLIAMS-AB 59 TR 139 B-18 2.630AC Number of Acres 0.73 Proposed Use Drive thru daquiri shack That the specific use will be no it would not bring property value dawn. compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific no my business will not affect the normal and orderly development of use will not impede the normal and surrounding properties. orderly development and improvement of surrounding vacant property; That adequate utilities, access roads, this is already an existing building with existing utilities drainage and other necessary supporting facilities have been or will be provided The design, location and arrangement yes the design of the driveway is safe of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention my business will not be a nuisance to others. measures have been or will be taken to prevent or control offensive odor, fumes,dust,noise and vibration That directional lighting will be no additional exterior lighting will be added at this time. provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping existing building landscaping will not be required and screening to Insure harmony and compatibility with adjacent property That the proposed use is in yes this proposed use is in accordance with the comprehensive plan. accordance with the Comprehensive Plan Notes: Case Type:Planning and Zoning Page 2 of 2 Case#:PZ2021-202 Printed On:6/24/2021 5305 college street flamez daiquiris and snocones will be serving daiquiris and snocones thm the drive thru only. It will consist of 5 employees and hours of operation will be mon-tours 12-10 fri- sat 12-12 and Sunday 1-10 Planning and zoning has already stated that the property was zoned correctly to sell daiquiris along with the snocones ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRIVE-THRU DAIQUIRI SHACK OR BAR IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5305 COLLEGE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Chrystal Carter has applied for a specific use permit to allow a drive- thru daiquiri shack or bar in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 5305 College Street, being Plat B-18, Tract 139, C.Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas, containing 0.73 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a drive-thru daiquiri shack or bar in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 5305 College Street; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a drive-thru daiquiri shack or bar is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a drive-thru daiquiri shack or bar in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 5305 College Street, being Plat B-18, Tract 139, C. Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas, containing 0.73 acres, more or less, as shown on Exhibit "A," is hereby granted to Chrystal Carter, her legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July, 2021. - Mayor Robin Mouton - r rr rr wi o . I I f u t ke #j � I r w P iI[p — � I 1 147 <- E p king ace N m Oubilucl a N - driveway m p rki g pa e m DUI[Doi awgo m (P m W _F 0 La cn IC N : n a N driveway park ngs ace _ 1 EXHIBIT "B" 12 July 27, 2021 Consider a request for a Specific Use Permit to allow for a beauty/spa salon in a GC-MD-2 (General Commercial—Multiple-Family Dwelling—2) District located within the 6500 block of Delaware Street BEAUM© NT TEXAS TO: City Council FROM: Kyle IJayes, City Manager PREPARED BY: Chris Boone, Planning& Community Development Director MEETING DATE: July 27, 2021 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow for a beauty/spa salon in a GC-MD-2 (General Commercial— Multiple-Family Dwelling—2) District located within the 6500 block of Delaware Street. BACKGROUND Hani Tohme is requesting a Specific Use Permit to allow a beauty salon/spa on the north side of Delaware just west of Valmont Drive. This space would be rented to hairstylists, nail technicians and massage therapists along with other related professionals. Sola Salon Studios is a chain with 550 locations. Each professional has their own suite to decorate and operate to their own standards and needs. Landscaping requirements for new developments include perimeter landscaping with screening for parking areas and islands throughout the parking area with required trees. At a Joint Public Hearing held on July 19, 2021, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow for a beauty/spa salon in a GC-MD-2 (General Commercial—Multiple-Family Dwelling—2) District with the following conditions: 1. Construct a 6'wide landscaping strip for the perimeter of the parking lot to meet City requirements along Delaware Street. 2. Install three (3) landscaped islands to meet City requirements. 3. Constructions plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment and/or F.O.G. program. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: I. Construct a 6' wide landscaping strip for the perimeter of the parking lot to meet City requirements along Delaware Street. 2. Install three (3) landscaped islands to meet City requirements. 3. Constructions plans must meet all requirements by Water Utilities for water and sanitary sewer improvements,including any requirements of the City's backflow,pre-treatment and/or P.O.G. program. BEAUM© NT Planning& Community Development Case Type:Planning and Zoning Case Status:PAY FEES Case Sub Type: Specific Use Permit Tag Name:Sala Salon Studios Case P PZ2021-199 Initiated On:6/23/2021 2:42:36PM Location: DELAWARE ST, BEAUMONT,TX,77706 Individuals listed on the record-, Applicant Hani Tohme Home Phone: 85 Interstate Frontage Rd. Suite 204A Work Phone: Beaumont, TX 77707 Cell Phone:409-782-9520 E-Mail: tohmehani@yahoo.com Property Owner Sam C Parigi, Jr. Home Phone: 409-833-9555 445 North 14th Street Work Phone: Beaumont, TX 77702-1806 Cell Phone:409-284-1613 E-Mail: scp@parigiproperty.com Anent Hani Tohme Home Phone: 85 Interstate Frontage Rd. Suite 204A Work Phone: Beaumont,TX 77707 Cell Phone: 409-782-9520 E-Mail:tohmehani@yahoo.com Case Type:Planning and Zoning Page 1 of 3 Case 0:PZ2021-199 Printed On:6124/2021 BEAUM© NT Planning &Community Development Legal Description Southeast corner of H WILLIAMS ABST 56 SP 1 TR 54-13-5 TR 5 OUT OF TR 55&TR 76 Number of Acres 1.17 Proposed Use Commercial That the specific use will be Sala Salon Studios is a business compatible with other businesses compatible with and not injurious to In the area.The management team as well as the responsible party the use and enjoyment of other of the proposed project will be unequivocally committed to making property,nor significantly diminish or this location another successful facility for Sola Salon Studios.The impair property values within the Project will comply with all the building regulations and safety immediate vicinity standards set forth by the City of Beaumont. In addition to providing much needed services/resources,our Project will encourage future business That the establishment of the specific The objective of building a Sala Salon Studios is to primarily provide use will not impede the normal and and fulfill a need for rental spaces for professionals in this area.The orderly development and improvement facility will provide professional services utilized by the surrounding of surrounding vacant property; communities.As the area grows and expands,this business will attract the development of different types of other businesses. That adequate utilities,access roads, The proposed site will be designed by a license Professional drainage and other necessary Engineer registered in the State of Texas.The property located on supporting facilities have been or will the Delaware Extension have access to drainage facilities of both be provided Delaware as well as DD6 ditch and DD6 detention pond northwest of this property. City water and wastewater services are available as well. Privately owned utilities such as power and internet are also available in the area.When Delaware extension was designed,it was planned for business growth and development such as the one proposed by Sala Salon Studios. The design, location and arrangement The development is proposed to be constructed an a lot fronting of all driveways and parking spaces Delaware Extension that already have one existing driveway and provides for the safe and convenient another planned driveway as per the City of Beaumont standards and movement of vehicular and pedestrian details.A 24 feet wide private drive is designed to provide access traffic from the north and west side of the property and can be utilized by emergency vehicles.The site plan provides 84 parking spaces as per the City of Beaumont parking spaces standards and details. That adequate nuisance prevention The proposed development will be regulated by the property measures have been or will be taken management team.Part of their job descriptions.will be monitoring to prevent or control offensive odor, the site for QA/QC of physical appearance and cleanliness.The fumes,dust,noise and vibration dumpsler proposed will have enclosure doors and a wooden fence. There will be guidelines provided to the tenants in their contracts aimed at ensuring a professional work environment.Since there are no did roadways, dust will not be an issue. If any noise or vibration is noted at the site,the tenant will be notified immediately. That directional lighting will be The lighting at the proposed development will be designed by an provided so as not to disturb or Electrical Engineer and will meet the city of Beaumont's Ordinance, adversely affect neighboring guidelines and regulations.All of the lighting system at the site will properties be LED with properly designed luminous in order not to disturb or affect neighboring properties and traffic. Case Type:Planning and Zoning Page 2 of 3 Case H:PZ2021-199 Printed On:6/24/2021 BEAUM© NT Planning&Community Development That there are sufficient landscaping The proposed development will have the 6 foot landscape buffer on and screening to insure harmony and the Delaware side and will have islands/peninsulas as required by the compatibility with adjacent property City of Beaumont Landscaping Ordinance.A I inch irrigation water meter with a screened RPZ will be used to water all the landscaping. That the proposed use is in The proposed development will be designed as per all City of accordance with the Comprehensive Beaumont Codes and Ordinances, as well as DD6 drainage Plan guidelines.Sole Salon Studios will blend in with the existing businesses and will help at-tmct more businesses to the area. Notes: Case Type: Planning and Zoning Page 3 of 3 Case#:PZ2021-199 Panted On.6/24/2021 Sam Parigi,Property Owner Lam Tran,Developer/Business Owner Proposed Project: Sala Salon Studios, CKA Ventures,LLC Proposed Project Location: 6500 Block of Delaware Extension (Lot is west of Animal Clinic located at 6508 Delaware) June 22,2021 We are requesting a Specific Use Permit for Sala Salon Studios, a new concept to the area for rental spaces utilized by hairstylists, nail technicians, massage therapists and a variety of professionals. Sala salon Studios provide salon suites for professionals to decorate and operate to their standards and needs. Sala Salon Studios is a leader in the industry with 550 locations serving 15,000 professionals. The project will consist of constructing an architecturally attractive building, 135 feet by 65 feet. The Owner will provide total management of the property with onsite/offsite staff. The entire site will have landscaping as per City Ordinances and will provide exterior lighting for security purposes. A pre-development meeting with City staff will be held to discuss all requirements and compliance with building codes, fire, public works, DD6 and water utilities. All their comments will be implemented into our design in order to apply for construction permitting. The property is in the flood zone "X". All structures will be constructed a minimum of 18"inches above the Base Flood Elevation or be flood proofed to 18" inches above the Base Flood Elevation per City requirements. We would like to start the construction of the project in September 2021. This project will contribute to the growth on Delaware Extension and will attract more businesses to the area. Sala Salon Studios believe in the concept and the benefits it brings to their clients. The facility will provide a unique experience to the patrons. Thank you so much for this wonderfirl opportunity to be a part of this great community and the City of Beaumont. Looking forward to hearing a positive approval on this proposed development. Mr.Sam Parigi,Property Owner ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BEAUTY/SPA SALON IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) DISTRICT FOR PROPERTY LOCATED WITHIN THE 6500 BLOCK OF DELAWARE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Sola Salon Studios, CKA Ventures, LLC has applied for a specific use permit to allow a beauty/spa salon in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located within the 6500 block of Delaware Street, as described in Exhibit "A and shown on Exhibit "B" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a beauty/spa salon in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located within the 6500 block of Delaware Street, subject to the following conditions; • Construct a 6' wide landscaping strip for the perimeter of the parking lot to meet City requirements along Delaware Street; • Install three (3) landscaped islands to meet City requirements; • Construction plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment and/or F.O.G. program; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a beauty/spa salon is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a beauty/spa salon in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located within the 6500 block of Delaware Street, as described in Exhibit"A and shown on Exhibit"B," attached hereto, is hereby granted to Sole Salon Studios, CKA Ventures, LLC, its legal representatives, successors and assigns, as shown on Exhibit"C,"attached hereto and made a part hereof for all purposes, subject to the following conditions; • Construct a 6' wide landscaping strip for the perimeter of the parking lot to meet City requirements along Delaware Street; • Install three (3) landscaped islands to meet City requirements; • Construction plans must meet all requirements by Water Utilities for water and sanitary sewer improvements, including any requirements of the City's backflow, pre-treatment and/or F.O.G. program. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto,the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July, 2021. - Mayor Robin Mouton - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 1.1671 acre tract or parcel of land situated in the Hezekiah Williams Survey,Abstract No. 56, Jefferson County, Texas and also being out of and part of the remainder of that certain called 209.2045 acre tract of land as conveyed by Amoco Production Company to Delaware Extension Development, Ltd. as recorded in Clerk's File No. 2000047669, Official Public Records of Real Property,Jefferson County, Texas, said 1.1671 acre tract being more particularly described as follows: NOTE- All bearings are based on the most Southerly East line of that certain called 19.360 acre tract ofland, identified as Tract 1, as conveyed by Delaware Fxtension Development, Ltd to Jefferson County Drainage District No. 6 as recorded in Clerk's File No. 2003050607, Official Public Records of Real Property, Jefferson County, Texas as NORTH 00°02'48" WEST. COMMENCING at point for the Southeast comer of that certain called 1.0897 acre tract of land as conveyed by Delaware Extension Development, Ltd. to Delamash, LLC as recorded in Clerk's File No. 2017025368, Official Public Records of Real Property, Jefferson County, Texas, said comer also being in the North right of way line of Delaware Street(based on a width of 100 feet) and also being in the West right of way line of Valmont Avenue (right of way width varies), said comer also being the beginning of a curve turning to the left having a radius of 3,105.12 feet and being subtended by a chord bearing of SOUTH 72052'47" WEST having a chord length of 219.08 feet; THENCE SOUTHWESTERLY, along and with said curve and the North right-of-way line of Delaware Street,for a distance of 219.12 feet to a point for corner and the POINT OF BEGINNING of the tract herein described, said comer also being the Southwest corner of said 1.0897 acre Delamash, LLC tract, and said comer also being the beginning of a curve turning to the left having a radius of 3,105.12 feet and being subtended by a chord bearing of SOUTH 68037'39" WEST having a chord length of 241.69 feet; THENCE SOUTHWESTERLY, along and with said curve and the North right-of-way line of Delaware Street, for a distance of 241.76 feet to a point for comer, said corner being the Southwest comer of the tract herein described; THENCE NORTH 2303610" WEST, over and across said 209.2045 acre Delaware Extension Development, Ltd tract, for a distance of 203.61 feet to a point for comer, said comer being the Northwest corner of the tract herein described, and said comer also being the beginning of a curve turning to the right having a radius of 3,308.73 feet and being subtended by a chord bearing of NORTH 6803739" EAST having a chord length of 257.54 feet; THENCE NORTHEASTERLY, along and with said curve and continuing over and across said 209.2045 acre Delaware Extension Development,Ltd tract, for a distance of 257.61 feet to a point for comer, said corner being the Northwesterly comer of said 1.0897 acre Delamash, LLC tract; EXHIBIT "A" THENCE SOUTH 19008'31 "EAST,for the boundary between the tract herein described and said 1.0897 acre Delamash, LLC tract, for a distance of 203.61 feet to the POINT OF BEGINNING and containing 1.1671 ACRES, more or less. I I it i 1 r � 1 l i i r II � i � 1 • ni9i IF' �hl t � .+ µ •��•' �rz� � Syr•} ' i..- " e S � N r•��.. .rAk�y z� �` � ! • 4 � r 36 .arS 1K �44 {i•. l F f�?i e � t� 7+ f � � r4a • ra'�.�a9 q,��N i�,• t3 '` r • t ,� a 'i!r x i xG � p n-fir^ r (x 5:l,Pp llfi t Ai Y iD" O O \ - O - \ 1 291.13' 21 caucD I 1.Os9� ACRES OELAMASH LLC CF NO. 2017025368 11 " \w OPRJC 1 1 .� FIRE H R & GATE V LVE \i• iS" SANITARY 1 SEW LIRE 00 FND 7.6447 ACRES -{ REMAINDER OF DELAWARE EXTENSION DEVELOPMENT, LTD 24" ti7 OF NO, 2PWC 47669 ;& .` ®i ® \" \NORM SEWER t / e n \ ZREE WPR RowTE goys rpE�P 1ao " EX. 30" STORM SE 6500BELAWgRESi EEE BENJ.ON7TX m p ■�■ SITE`PLAN A-701 13 July 27, 2021 Consider a request for a Revised Specific Use Permit to allow condominiums in a GC-MD-2 (General Commercial—Multiple-Family Dwelling—2) District located at 4515 N. Major Drive BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager Ge, tey / 1 PREPARED BY: Chris Boone,Plan ing& Community Development Director MEETING DATE: July 27, 2021 REQUESTED ACTION: Council consider a request for a Revised Specific Use Permit to allow condominiums in a GC-MD-2 (General Commercial— Multiple-Family Dwelling—2) District located at 4515 N. Major Drive. BACKGROUND Phuc Nhat Le is requesting an Amended Specific Use Permit to allow condominiums at 4515 N. Major Drive. In September of 2020, Dr. Le requested a development consisting of seventeen (17) condominiums and approximately 23,080 square feet of retail space. In December of 2019, a request for retail and storage was approved. Now, the retail space has been eliminated and seventy(70) condominium units are proposed. The number and location of driveways is subject to approval of TXDOT. Any substantial changes to the site plan resulting from driveway approval may necessitate additional review of the plan via the Specific Use Permit process. At a Joint Public Hearing held on July 19, 2021, the Planning Commission recommended 8:0 to approve the request for a Revised Specific Use Permit to allow condominiums in a GC-MD-2 (General Commercial—Multiple-Family Dwelling—2) District. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. BEAUM© NT Planning & Community Development Case Type:Planning and Zoning Case Status: INCOMPLETE Case Sub Type: Specific Use Permit Tag Name:Sunrise Villas Condominium Case#: PZ2021-201 Initiated On: 6/23/2021 3:16:48PM Location:4515 N MAJOR DR, BEAUMONT,77713 Individuals listed on the record: Applicant Phuc Nhat Le Home Phone: 1100 Breana Ct, Work Phone: Beaumont, TX 77705 Cell Phone: 4092013248 E-Mail: beaumontfamilycare@yahoo.com Property Owner Phuc Nhat Le Home Phone: 1100 Breana Ct, Work Phone: Beaumont,TX 77705 Cell Phone: 4092013248 E-Mail: beaumontfamilycare@yahoo.com Anent Charles Shajari Home Phone:409-351-2601 87 Interstate 10 N Suite 115 Work Phone: Beaumont, TX 77707 Cell Phone: 409-351-2601 E-Mail: benchmarkl990@gmail.com Case Type:Planning and Zoning Page 1 of 3 Case#:PZ2021-201 Printed On:6/24/2021 BEAUM© NT Planning&Community Development Legal Description Plat RS-5,Tracts 5,5A,6& 17, Daniel Easely Survey,Abstract No. 20 Jefferson County,Texas Number of Acres 5.29 Proposed Use Condominium That the specific use will be We are changing the previous 3rd zoning approval of April 19,2021, compatible with and not injurious to completely 70 condominiums.The management team as well as the the use and enjoyment of other responsible party of the proposed project will be unequivocally property,nor significantly diminish or committed and complied to all the building regulations and safety impair property values within the standards set forth by the city upon approval of permit. In addition to immediate vicinity providing much needed services/resources, our management team will also be faithfully committed to future business growth at various capacities that would help in the social and economic transformation of this landscape,thus leading to appreciation of values of our property as well as for those properties and businesses in the proximal vicinity. That the establishment of the specific The objective of the 70 condominium is to primarily provide and fulfil use will not impede the normal and essential resources/services recognized by the surrounding orderly development and improvement communities. In the event of future growth and expansion,everything of surrounding vacant property; will be done in accordance with city ordinance requirements as to avoid any potential impediment of progress in development of nearby properties and/or businesses. That adequate utilities,access roads, The proposed site will be designed by license professional engineer drainage and other necessary in state of Texas which will provide adequate drainage calculation and supporting facilities have been or will cattail discharge point as per drainage study.All the private utilities be provided will comply with the plumbing codes requirements and 85CO C-900 waterline extension within the proposed 105E' exclusively waterline easement and provide fire hydrant as per fire code.All roadways will be 6A€n reinforced concrete pavement with drainage and grading design. The design,location and arrangement The proposed condominium will be designed for all safety of all driveways and parking spaces requirements of TxDot drainage criteria,one main entry 30A€"" wide provides for the safe and convenient entrance and 25A€'" radii to meet the guidelines and provide safety movement of vehicular and pedestrian ends at each side of driveway.All roadways are design for 245€' traffic wide fire truck accessibility with all turning radii of 25A€- as shown on site plan. That adequate nuisance prevention The proposed condominium will be regulated by the property measures have been or will be taken management team,as part of theirjob descriptions,will be to prevent or control offensive odor, monitoring the site for QA/QC of physical appearance and fumes,dust,noise and vibration cleanliness.The dumpster provided with enclosure doors and fenced surrounded with shrubs.There will be guideline and brochure for not littering and map of the site for dumpster location.Since there are no dirt roadways,dust will not be issue. If any noise or vibration noted at the site,the tenet will be notified for warning. Case Type:Planning and Zoning Page 2 of 3 Case 4:PZ2021-201 Pruned On:6/2412021 BEAUM© NT Planning &Community Development That directional lighting will be The proposed 70 condominium will have the lights for along the provided so as not to disturb or roadway for safety and directional as per City ordinance requirement. adversely affect neighboring All the lighting system at the site will be LED with proper design properties luminous to not disturb or affecting neighboring properties. That there are sufficient landscaping The proposed condominium will have the 65ET" landscape buffer and screening to insure harmony and within the private property and due to overhead power line,there will compatibility with adjacent property be shrubs @ 246€D on center and along the north and south there will be 15A€'" landscape buffer with class A trees @ 255E'v apart. As per City ordinance and 1A€D water meter irrigation with RPZ in cage.There will be parking spaces for guest on the west and east of the side of properly as per City Ordinance requirements. That the proposed use is in The proposed condominium will be designed and as per all City of accordance with the Comprehensive Beaumont Codes,Ordinance,TxDot, DD6 guideline. Plan Notes: Case Type:Planning and Zoning Page 3 of 3 Case 4:PZ2021-201 Printed On:6124/2021 Plum Nhat Le,Property Owner Sunrise Villas Condominium,4515 N Major Drive Beaumont, TX 77713 June 23,2021 We are changing the previous zoning approval of April 19",2021,to completely condominium than retails in the front with revisions to the site plan.We will provide management of the property of all condominium. The entire site will be fenced on all 3 sides at 8' and buffer requirements between the condominium and adjacent property at 15' with landscaping as per code and will provide the camera and security systems for monitoring the premises.We had a pre-development meeting with the city staff on 05/24/21 to discuss the previous design with all requirements and compliance with the building code, fire,public works, dd6 and water utilities. We will apply those discussions and requirement into the condominium layout. The property is in the flood "X". All structures will be constructed a minimum of 18" inches above the Base Flood Elevation or be flood proofed to 18" inches above the Base Flood Elevation per city requirements. We would like to start the project in the fall of 2021 with ground break and construction. Our goal when approach this project is to use excellent quality and safe/effective workmanship in accordance to the city ordinance.We believe this will help to catapult economic growth and development in these communities. We truly believe in ourselves and the people that we serve in these communities that they too would have an extraordinary experience when they are staying in our condominium facilities. Thank you so much for this wonderful opportunity to be apart of this great community and the City of Beaumont.Looking forward to bearing a positive approval on this proposed development. "1Volcomc to Citrus Pla7M!" Sincerely, Phu t y O ne � — /r ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW CONDOMINIUMS IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED AT 4515 N. MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on December 3, 2019, City Council approved Ordinance No. 19-076 issuing a specific use permit to Phuc Nhat Le to allow a retail and climate controlled storage facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 4515 N. Major Drive, Beaumont, Jefferson County, Texas, subject to the following condition, . The Fire Department approve the site plan; and, WHEREAS, on April 27, 2021, City Council approved Ordinance No. 21-018 amending Ordinance No. 19-076 to allow a retail facility and condominiums in a GC-MD- 2 (General Commercial-Multiple Family Dwelling-2) District for property located at 4515 N. Major Drive, Beaumont, Jefferson County, Texas, subject to the following condition; . Relocate fire hydrants; and, WHEREAS, Phuc Nhat Le, wishes to amend Ordinance No. 21-018 to allow additional condominiums and eliminating the retail space in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at 4515 N. Major Drive, being Plat RS-5, tracts 5, 5A, 6 & 17, D. Easley Survey, Abstract 20, Beaumont, Jefferson County, Texas, containing 5.35 acres, more or less, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend Ordinance No. 21-018 to allow additional condominiums and eliminating the retail space in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 4515 N. Major Drive, and, WHEREAS, the City Council is of the opinion that the amendment of Ordinance No. 19-076 is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted, and, Section 1. That Ordinance 21-018 be amended by amending the specific use permit to allow additional condominiums and eliminating the retail space in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 4515 N. Major Drive, being Plat RS-5, tracts 5, 5A, 6 & 17, D. Easley Survey, Abstract 20, Beaumont, Jefferson County, Texas, containing 5.35 acres, more or less, is hereby granted to Phuc Nhat Le, his legal representatives, successors, and assigns as shown on Exhibit "A," attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto,the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July, 2021. - Mayor Robin Mouton - Z2021-201: Request for a Revised Specific Use Permit to allow condominiums in a GC- D-2 (General Commercial—Multiple-Family Dwelling—2)District. Applicant: Phuc Nhat Le Location: 4515 N. Major Drive 0 100 200 300 400 Feet 1 F' ( Legend. r 9S a1� I sg Y Z I I Fs"3} II I III I 1� ,fitl I 'jR S s t IIIII I�I 1 F .. NQRTHSNEST PKWY d2 EXHIBIT "A" EXHIBIT "B" P IVA f i 2-UNITS - 2-UNITS 4UNITS 2-UNITS ' 1 4-UNITS 2-UNITS. it 2-UNITS • _ 2-UNITS =„I A-UNITS 8 2-UNITS 2-UNITS 4-UNITS d 4 , 2-UNITS 4-UNITS _ f 2-UNITS 2-UNITS i r 2-UNITS 2-UNITS 4-UNITS 2-UNITS - 2-UNITS T 4-UNITS 2-UNITS 4UNTI5 _ dl III 4UNI S I _ MAJOR DRIVE SUNRISE VILLAS CONDOMINIUM TOTOAL OF 70 ITNITS&52 GUEST PARKING 14 July 27, 2021 Consider amending Section 20.03.003 of the Code of Ordinances that would change the speed limits on College Street(U.S. Hwy 90) BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: July 27,2021 REQUESTED ACTION: Council consider amending Section 20.03.003 of the Code of Ordinances that would change the speed limits on College Street (U.S. Hwy 90). BACKGROUND The Texas Department of Transportation (TxDOT) performed a traffic survey on College Street (U.S. Hwy 90) from Dowlen Road to 23`d Street on January 27, 2021. The study indicated an excessive number of crashes compared to similar roadways in Texas. A detailed crash analysis provided by TxDOT can be found in Exhibit 3. It is anticipated that lowering the speed limit will reduce the number and severity of crashes. Administration and TxDOT propose the speed zone boundaries and speed limit for these sections of College Street(U.S. Hwy 90) be amended under the schedule Chapter 20 Section 20.03.003 to read as follows: Sneed In Miles Street Limits of Zone Direction of Per Hour Travel Max. Min. College (a) From a point 90 feet east of the East and 35 Street centerline of the Santa Fe Railroad West (U.S. Hwy tracks to a point 30 feet west of the 90) centerline of Hillebrandt Bayou. (b) From a point 30 feet west of the East and 45 centerline of Hillebrandt Bayou to the West centerline of Dowlen Road. (c) From the centerline of Dowlen Road to East and 50 a point 60 feet east of Wescalder. West (d) From a point 60 feet east of the East and 55 centerline of Wescalder to the west city West limits. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval for amending Title 1 Chapter 20 Section 20.03.003 of the Code of Ordinances. (a) From a point 90 feet east of the centerline of the Santa Fe Railroad tracks to a point 30 feet west of the centerline of Hillebrandt Bayou. (b) From a point 30 feet west of Hillebrandt Bayou to the centerline of Dowlen Road. (c) From the centerline of Dowlen Road to a point 60 feet east of the centerline of Wescalder. (d) From a point 60 feet east of the centerline of Wescalder / to the west city limits. �yl Proposed PROPOSED _ (°) ' DSO mph (d) 55 mph 50 m In i O U U � 55 mph (d) EXISTING (a) From a point 90 feet east of the centerline of the Santa Existing Fe Railroad tracks to a point 30 feet west of the centerline of Hillebrandt Bayou. (b) From a point 30 feet west of Hillebrandt Bayou to a point 60 feet west of the centerline of 23rd Sheet. (c) From a point 60 feet west of the centerline of 23rd Street to a point 60 feet east of the centerline of Wescalder. (d) From a point 60 feet east of the centerline of Wescalder to the west city limits. Proposed Speed Limit Reduction on College Steet (US 90) From Dowlen Road to 231d Street EXHIBIT 1 : Speed Zone Revisions ace.07-1¢20el Sheet 1 of 2 tM1, �. 3 m as 3 1 � m 5 m F Q Q F w _- x m'35 m h i w ZONE A CONTINUES To 90 FEET EAST OF SANTA FE RAILROAD ' 45m h 35m M1 ., w 30 CHANGE -�a) Proposed Speed Limit Reduction on College Steet (US 90) From Dowlen Road to 23`d Street EXHIBIT 1 : Speed Zone Revisions BGB.W-09-R041 Sheet 2 of 2 EXISTING I NO CHANGE EXISTING 50 MPH EXISTING 50 MPH 45 MPH 05 MPH f y PROPOSED 50 MPH ie PROPOSED 45MPH s NO CHANGE 1 31 ED wl of o1I ! I it 28 07 ;U 1 � 1 1 A, ILA IL. ze 9E.unxr Caxrr: �Errexsav -e___ XILXIILY: VS 9p CIiV: BEPIWJIIi 000 �Iwlr C£°Z.XES LEGEND SPEED ZONE N:.reEe s s Q rP . x:m5 s .Lpmexr ev uXEC.EO FATAL u x.w. . npcxpE O n puEE . [m i u5 NEEOEm IFOIlA1E .1TI. E. MMIA oanxx - vvzoa - v.a. Proposed Speed Limit Reduction on College Street (US 90) From Dowlen Road to 23rd Street EXHIBIT 2: TxDOT Speed Zone Map 2018-2020 reports for crashes for College(US90)from 1-10 to Major Drive. Failure to Control Speed was the prevalent contributing factor for crashes for College (US90)from 1-10 to M ajor Drive. 37%of the crashes were due to Failure to Control Speed in 2018. Leading Cuase Contributing Factors: 22-FAILED TO CONTROL SPEED=37% 4-CHANGED LANE WHEN UNSAFE= 13.5% 37-FAILED TO YIELD RIGHT OF WAY-TURNING LEFT=12% 34-FAILED TO YIELD RIGHT OF WAY-PRIVATE DRIVE= 10% Manner of Collision: 22-SAME DIRECTION-ONE STRAIGHT-ONE STOPPED=21.6% 20-SAME DIRECTION-BOTH GOING STRAIGHT REAR END=17.5% 34-OPPOSITE DIRECTION -ONE STRAIGHT ONE LEFT TURN= 14.6% 21-SAME DIRECTION-BOTH GOING STRAIGHT-SIDESWIPE=12.3% 4 Your 2018 query returned a total of 171 Crashes containing 363 Units and 486 Persons. Exhibit 3: Crash Analyses for College Street(US 90) Speed Limit Reduction Pagel of 6 Crashes by cram Year sae crash 60"" IN w ss-uwaowN sErj" IN MNMf w a.susxcTm axon MM m wc-wssduE sassn MN.NOT %DUPED 5 do w N 1 1 0 201d C Y. Crashes by Crash Severity 099- UNKNOWN � A- SUSPECTED SERIOUS INJURY � B- SUSPECTED MINOR INJURY • C-POSSIBLE INJURY 0N-NOT INJURED Exhibit 3: Crash Analyses for College Street(US 90) Speed Limit Reduction Page 2 of 6 Failure to Control Speed was the prevalent contributing factor for crashes for College(US90)from 1-10 to Major Drive. 38.4%of the crashes were due to Failure to Control Speed in 2019. Leading Cuase Contributing Factors: 22-FAILED TO CONTROL SPEED=38.4% 4-CHANGED LANE WHEN UNSAFE =12% 37- FAILED TO YIELD RIGHT OF WAY-TURNING LEFT= 10% 34- FAILED TO YIELD RIGHT OF WAY-PRIVATE DRIVE=9% Manner of Collision: 22-SAME DIRECTION -ONE STRAIGHT-ONE STOPPED=22.2% 20-SAME DIRECTION -BOTH GOING STRAIGHT-REAR END=17.3% 34-OPPOSITE DIRECTION-ONE STRAIGHT-ONE LEFT TURN=11.4% 21-SAME DIRECTION -BOTH GOING STRAIGHT-SIDESWIPE=10.8% Your 2019 query returned a total of 185 Crashes containing 397 Units and 554 Persons. Exhibit 3: Crash Analyses for College Street (US 90) Speed Limit Reduction Page 3 of 6 Coshes by dash Yw and Cosh savor" 1MMA-SUSPECTED SEROUS IrL1URY �� �BSUSPECTED MNOR INaIRY ee C•POSSIBLE INJURY M �N FATAL INJURY �N-NOT Bp VIJtIPFD tl 20 1 B 2019 CmNYm Crashes by Crash Severity *A- SUSPECTED SERIOUS INJURY � B- SUSPECTED HVNOR INJURY • C-POSSIBLE INJURY K- FATAL INJURY *N-NOT INJURED Exhibit 3: Crash Analyses for College Street (US 90) Speed Limit Reduction Page of 6 Failure to Control Speed was the prevalent contributing factor for crashes for College(US90)from 1-10 to Major Drive. 30%oft he crashes were due to Failure to Control Speed in 2020. Leading Cuase Contributing Factors: 22-FAILED TO CONTROL SPEED=30% 4-CHANGED LANE WHEN UNSAFE =13% 37-FAILED TO YIELD RIGHT OF WAY-TURNING LEFT=8.5% 23-FAILED TO DRIVE IN SINGLE LANE=8.5% Manner of Collision: 22-SAME DIRECTION -ONE STRAIGHT-ONE STOPPED= 17% 20-SAME DIRECTION -BOTH GOING STRAIGHT-REAR END=17% 21-SAME DIRECTION -BOTH GOING STRAIGHT-SIDESWIPE=14.9% 34-OPPOSITE DIRECTION-ONE STRAIGHT-ONE LEFT TURN =9.6% 1-ONE MOTOR VEHICLE-GOING STRAIGHT=9.6% 4 Your 2020 query returned a total of 94 Crashes containing 199 Units and 269 Persons. Exhibit 3: Crash Analyses for College Street (US 90) Speed Limit Reduction Page 5 of 6 Crashes by Crash Year and Crash severity 40 M A-SUSPECTED SERIOUS INJURY B-SUSPECTED fANORINJURY 30 MC-POSSIBLE INJURY 25 K-FATAL E INJURY R N-NOT 5 p INJURED e U 15 10 5 0 Mil 2020 CrmhYmr Crashes by Crash Severity A- SUSPECTED SERIOUS INJURY B- SUSPECTED MINOR INJURY •C-POSSIBLE INJURY •K-FATAL INJURY N-NOT INJURED Exhibit 3: Crash Analyses for College Street(US 90) Speed Limit Reduction Page 6 of 6 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 20.03, SECTION 20.03.003 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS BY CHANGING AND AMENDING SPEED LIMITS AND SPEED ZONE BOUNDARIES TO THE SCHEDULE FOR COLLEGE STREET (U.S. HWY 90); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 20, Article 20.03, Section 20.03.003 (a), (b), (c), and (d) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended by changing and adding speed limits and speed zone boundaries to the Schedule for College Street (U.S. Hwy 90) to read as follows: Speed In Miles Street Limits of Zone Direction of Per Hour Travel Max. Min. College (a) From a point 90 feet east of the East and 35 Street centerline of the Santa Fe Railroad West (U.S. Hwy tracks to a point 30 feet west of the 90) centerline of Hillebrandt Bayou. (b) From a point 30 feet west of the East and 45 centerline of Hillebrandt Bayou to the West centerline of Dowlen Road. (c) From the centerline of Dowlen Road to East and 50 a point 60 feet east of Wescalder. West (d) From a point 60 feet east of the centerline of Wescalder to the west city East and 55 limits. West Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of July, 2021. - Mayor Robin Mouton - DISCUSSION ITEM 15. Review and discuss water and sewer rates DISCUSSION ITEM 16. Review and discuss garbage collection rates