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HomeMy WebLinkAbout10/12/2021 PACKET BEAUM© NT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, OCTOBER 12, 2021 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call Proclamations, Presentations and Recognitions-Receive an update from the Public Health Director related to COVID-19 * Public Comment: Persons may speak on the Consent Agenda and Items 1-9 * Consent Agenda 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.) A. Approval of the September 28, 2021 City Council Meeting Minutes B. Confirmation of board and commission member appointments The following citizens would be appointed to the Community Development Advisory Committee. The terms would commence October 12, 2021 and expire September 30, 2023. Citizen Appointed By Robin Troy Councilmember Randy Feldschau Walt Wendler Councilmember Randy Feldschau Dora Nisby Councilmember Randy Feldschau Brian Nepveux Councilmember Mike Getz Biquita Hemandez-Smith Councilmember Mike Getz Connie Berry Councilmember Mike Getz Darius Linton Councilmember Chris Dario James Broussard Councilmember Chris Dario The following citizens would be appointed to the Convention and Tourism Advisory Board. The terms would commence October 12, 2021 and expire September 30, 2023. Citizen Appointed By Bobby Beaver Councilmember Randy Feldschau Dayna Simmons Councilmember Randy Feldschau Marc McDonald Councilmember Taylor Neild Roy West Councilmember Taylor Neild Shelly Vitanza Councilmember Mike Getz Stephen"Doc' Watson Councilmember Mike Getz Glenda Segura Councilmember Chris Durio Ladonna Sherwood Councilmember Chris Durio The following citizens would be appointed to the Historic Landmark Commission. The terms would commence October 12, 2021 and expire September 30, 2023. Citizen Appointed By Hester Bell Councilmember Randy Feldschau John Berube Councilmember Taylor Neild Janelle Templeton Councilmember Mike Getz The following citizens would be appointed to the Library Commission. The terms would commence October 12, 2021 and expire September 30, 2023. Citizen Appointed By Kunwoo Choi Councilmember Randy Feldschau Dora Nisby Councilmember Taylor Neild Ben Woodhead Councilmember Mike Getz Yola Barnes Councilmember Chris Durio The following citizens would be appointed to the Parks and Recreation Advisory Committee. The terms would commence October 12, 2021 and expire September 30, 2023. Citizen Appointed By Jason Wade Apodaca Councilmember Randy Feldschau Michael Tarabay Councilmember Randy Feldschau Vivian Todd Councilmember Taylor Neild John Neil Councilmember Taylor Neild Emily Coxe Councilmember Mike Getz Clarke Baker Councilmember Mike Getz David Harper Councilmember Chris Durio Charles Paul Councilmember Chris Dario The following citizens would be appointed to the Planning and Zoning Commission. The terms would commence October 12, 2021 and expire September 30,2023. Citizen Appointed By Tom Noyola Councilmember Randy Feldschau Taber Quraishi Councilmember Taylor Neild Sina Nejad Councilmember Mike Getz Darius Linton Councilmember Chris Durio The following citizens would be appointed to the Police Department Community Advisory Committee. The terms would commence October 12, 2021 and expire September 30, 2023. Citizen Appointed By William`Bill' Sam Councilmember Randy Feldschau Alma Hodge Councilmember Randy Feldschau Rodney Robichau Councilmember Taylor Neild Glen Johnson Councilmember Taylor Neild Karl Duerr Councilmember Mike Getz Roy McGrath Councilmember Mike Getz Thomas Sigee Councilmember Chris Durio Sohaib Jabbar Councilmember Chris Durio C. Approve a resolution nominating Lauren Mason for the Board of Directors of the Jefferson Central Appraisal District D. Authorize the conveyance of a Drainage Easement to Jefferson County Drainage District No. 6 E. Authorize the acceptance of a ten foot wide Exclusive Water Line Easement located at 740 Highway 105 F. Authorize the City Manager to execute an agreement with Uniti Fiber for the placement of fiber optic cable in public right-of-way G. Authorize the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 to waive permit fees H. Authorize the City Manager or his designee to execute all documents necessary, for a Memorandum of Understanding between the Texas Department of Public Safety and the City of Beaumont Police Department regarding federal motor carrier enforcement and inspections 1. Authorize the City Manager or his designee to execute all documents necessary, for a Memorandum of Understanding between the Texas Department of Public Safety and the City of Beaumont Police Department regarding state vehicle weight enforcement inspections I. Approve the renewal of an annual maintenance agreement with Tyler Technologies of Plano, Texas for software used by Municipal Court K. Authorize the City Manager to renew a contract with Motorola Solutions Inc. for the South East Texas Regional Radio System L. Approve a contract for the emergency cleaning of four alum storage tanks located at the Pine Street Water Production Plant M. Authorize the City Manager to execute Change Order No. 3 to the contract with Solid Bridge Construction, 11C for the Cattail Marsh Wetlands Repair Project N. Authorize the City Manager to execute Change Order No. 4, accept maintenance, and authorize final payment to Barricades Unlimited for the Citywide Pavement Markings-Phase I Project O. Authorize the City Manager to sign a Memorandum of Understanding with the Area Agency on Aging related to the 2-1-1 Area Information Center P. Authorize the City Manager to execute an Agreed Order with the Texas Commission on Environmental Quality for a Compliance Supplemental Environmental Project REGULAR AGENDA I. Consider authorizing the purchase of three garbage trucks for use in the Solid Waste Division 2. Consider approving the purchase of two new pothole patch trucks for use in the Public Works Department 3. Consider approving the purchase of three backhoe loaders for use in various City Departments 4. Consider approving the purchase of one street sweeper for use in the Streets& Drainage Division 5. Consider authorizing the City Manager to execute an agreement with CDM Smith, Inc.,to continue management of the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont for Fiscal Year 2022 6. Consider approving the purchase of one Case wheel loader for use in the Solid Waste Division 7. Consider approving the purchase of three mowers for use in the Parks Department 8. Consider approving the award of a contract to Lark Group Inc. of Warren, Texas for the asbestos abatement and demolition of the structure located at 2600 Girolamo 9. Consider a request to abandon a portion of Cottonwood Street located between Concord Road and St. Helena Street PUBLIC HEARING + Receive comments related to the property located at 885 Powell Street 10. Consider an ordinance declaring 885 Powell an Imminent Danger and order its immediate demolition and cleanup DISCUSSION ITEM + Review and discuss a proposal to utilize a private ambulance company to help respond to medical calls and be an extension of Beaumont Fire/EMS 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: Jefferson County, Texas v. City of Beaumont, Texas;No. B-198,481 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. A BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: October 12,2021 REQUESTED ACTION: Council consider approval of the September 28, 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 SEPTEMBER 28, 2021 Chris Curio,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 September 28, 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 * Proclamations, Presentation and Recognitions-Receive an update from the Public Health Director related to COVID-19 Public Comment: Persons may speak on the Consent Agenda and Agenda items 4-7 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Edward Petty with Mount Rose Missionary Baptist Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Samuel, Councilmembers Durio, Getz, Turner and Feldschau. Absent: Councilmember Neild. Also, present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on the Consent Agenda and Agenda Items 4-7 None CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the September 22, 2021, City Council Meeting Minutes B. Approve an increase in base wages and additional compensation forthe City Manager; City Minutes—September 28,2021 Attorney; City Clerk and the Chief Magistrate - Resolution 21-228 C. Approve the renewal of an annual maintenance agreementwith CentralSquare Technologies of Lake Mary, FL for use by all departments - Resolution 21-229 D. Approve the City of Beaumont Investment Policy - Resolution 21-230 E. Accept payment for a demolition lien filed on January 8, 2009, on property legally described as Wilcox L4 L5 B1 (2270 Avenue C), and waiving interest - Resolution 21-231 F. Authorize the City Manager to sign a Memorandum of Understanding with the South East Texas Regional Planning Commission related to emergency notifications - Resolution 21- 232 G. Authorize signatories and granting authority to approve and initiate electronic fund (wire) or ACH transfers of any and all City funds on deposit at Allegiance Bank - Resolution 21-233 Councilmember Getz requested that item B be removed and voted upon separately. Councilmember Feldschau asked that Councilmember Getz clarify his reason for wanting to separate the item. Councilmember Getz gave clarification. Mayor Mouton objected to Item B being voted upon separately stating that Councilmember Getz was not present during Executive Session on last Wednesday and would move forward with the motion and second on the floor. Councilmember Turner moved to approve the Consent Agenda, Councilmember Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, TURNER AND FELDSCHAU NAYS: COUNCILMEMBER GETZ MOTION PASSED GENERAL BUSINESS 1. Consider authorizing the issuance and sale of City of Beaumont, Texas, Certificates of Obligation, Series 2021 in an estimated amount not to exceed $33 Million; levying taxes to provide for payment thereof; and containing other matters related thereto. On August 10, 2021, Council authorized the publication of a notice of intention to issue the Certificates of Obligation. Results of the sale will be presented by the City's Financial Advisor, Dustin Traylor of RBC Capital Markets. Interest is payable semiannually in March and September beginning March 1, 2022. UMB Bank, Houston, Texas, will serve as paying agent/registrar. Delivery and receipt of the proceeds by the city are scheduled for October 26, 2021. Principal and interest is paid from the Debt Service Fund which is supported by property taxes. Minutes—September 28,2021 Approval of the ordinance. Mayor Pro Tern Samuel moved to ADOPT AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, AUTHORIZING THE ISSUANCE AND SALE OF CITY OF BEAUMONT, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 2021 IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED$29,235,000 FORTHE CONSTRUCTION OF PUBLIC WORKS,LEVYING A TAX IN PAYMENT THEREOF; MAKING OTHER PROVISIONS REGARDING SUCH CERTIFICATES OF OBLIGATION, INCLUDING AUTHORIZING THE PREPARATION AND DISTRIBUTION OF ONE OR MORE PRELIMINARY OFFICIAL STATEMENTS, ONE OR MORE OFFICIAL STATEMENTS AND MATTERS INCIDENT THERETO; AWARDING THE SALE OF THE CERTIFICATES; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE PURCHASE AGREEMENTS; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT; AUTHORIZING AND CONFIRMING THE ENGAGEMENT OF CERTAIN PROFESSIONALS IN CONNECTION WITH THE ISSUANCE OF THE CERTIFICATES OF OBLIGATION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THE ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW',AND ENACTING OTHER PROVISIONS RELATING THERETO. Councllmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER AND FELDSCHAU NAYS: NONE MOTION PASSED Ordinance 21-063 2. Consider a request for a Specific Use Permit to allow an ambulatory surgery center in a GC- MD-2 (General Commercial-Multiple-Family Dwelling-2) Zoning District located at 6510 Folsom Drive. Occu-Health Surgery Center is requesting a Specific Use Permit to allow an ambulatory surgery center at 6510 Folsom Drive. The primary use of the property will remain a clinic open 9 a.m. to 5 p.m. Monday through Friday. In addition to a clinic, the applicant intends to focus on occupational medicine and surgery. Some surgeries may require an overnight stay and surgeries may be performed seven (7)days a week. The maximum number of patients staying overnight will be limited to three (3). At a Joint Public Hearing held on September 20, 2021, the Planning Commission recommended 5:0:1 to approve the request for a Specific Use Permitto allow an ambulatory surgery center in a GC-MD-2 (General Commercial-Multiple-Family Dwelling-2) Zoning District with the following condition: 1. All building and fire codes related to the use must be met. Approval of the ordinance with the following condition: 1. All building and fire codes related to the use must be met. Councllmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN AMBULATORY SURGERY CENTER IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT FOR PROPERTY LOCATED AT 6510 FOLSOM Minutes-September 28,2021 DRIVE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER AND FELDSCHAU NAYS: NONE MOTION PASSED Ordinance 21-064 3. Consider a request for a Specific Use Permit to allow medical offices and treatment and counseling facilities, an event hall/community room and community access to sports facilities, outdoor sport fields, concerts and events as well as a community swimming pool in an RM-H (Residential Multiple-Family Dwelling-Highest Density) District located at 3455 Sarah Street. Sarah Street Wellness Group is requesting a Specific Use Permit to allow medical offices, treatment and counseling facilities, an event hall/community room and community access to sports facilities, outdoor sport fields, concerts and events as well as a community swimming pool at 3455 Sarah Street. This property was formerly the Melton YMCA. During its time as the Melton YMCA, most of the proposed uses occurred at this site. The proposed uses should be considered compatible with surrounding land uses. At a Joint Public Hearing held on September 20, 2021, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow medical offices, treatment and counseling facilities, an event hall/community room and community access to sports facilities, outdoor sport fields, concerts and events as well as a community swimming pool in an RM-H (Residential Multiple-Family Dwelling-Highest Density) District with the following condition: 1. All building and fire codes related to the use must be met. Approval of the ordinance with the following condition: 2. All building and fire codes related to the use must be met. Councilmember Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW HEALTHCARE FACILITIES, SPORTING EVENT FACILITIES AND AN EVENT HALL IN AN RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT FOR PROPERTY LOCATED AT 3455 SARAH STREET,WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNERAND FELDSCHAU NAYS: NONE MOTION PASSED Ordinance 21-065 Minutes-September 28,2021 4. Consider authorizing the City Manager to award a contract to To-Mex Construction, LLC, of Houston to rehabilitate sewer lines by the pipe bursting method and to replace defective manholes. The Basin 38 and Surrounding Area Pipe Bursting Contractwill be used to rehabilitate sewer lines by the pipe bursting method and to replace defective manholes. On September 16, 2021, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate for the contract is $1,850,000.00. The bid totals are indicated in the table below: Contractor Location Total Bid Amount to-Mex Construction, LLC Houston, TX $1,700,077.50 PM Construction & Rehab, LLC Pasadena, TX $1,983,800.00 Vortex Services, LLC Houston, TX $1,999,325.00 CZ Construction, LLC Houston, TX $2,043,875.00 The Water Utilities staff recommends this project be awarded to the lowest bidder, To-Mex Construction, LLC, in the amount of $1,700,077.50. A total of 365 calendar days are allocated for completion of the project. Funds will come from the Capital Program — Sewer Main Rehabilitation. Approval of the resolution. Councllmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO TO-MEX CONSTRUCTION, LLC, OF HOUSTON, TEXAS, IN THE AMOUNT OF $1,700,077.60, FOR THE BASIN 38 AND SURROUNDING AREA PIPE BURSTING CONTRACT PROJECT;AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH TO-MEX CONSTRUCTION, LLC, OF HOUSTON, TEXAS. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER AND FELDSCHAU NAYS: NONE MOTION PASSED Resolution 21-234 5. Consider amending Section 2.04.002 of the Code of the Ordinances related to declaring Juneteenth as an official holiday for city employees. The Code of Ordinances specifies the various holidays for city employees. There are currently 10 declared holidays and one"special daytaken at any time,"often referred to as a "floating holiday." The City Council will consider adding Juneteenth as a declared official holiday. Approval of adding Juneteenth as an official city holiday or adding another floating holiday. Minutes-September 28,2021 Councilmember Getz moved to AMEND THE ORDINANCE TO MAKE JUNETEENTH AN OFFICIAL HOLIDAY AND SUBSTITUTE IT FOR THE SPECIAL DAY TAKEN AT ANY TIME SO AS NOT TO SHUT DOWN CITY FACILITIES FOR THE CITIZENS FOR AN ADDITION DAY AND NOT TO INCUR ADDITIONAL OVERTIME EXPENSES. With a lack of a second the motion failed. Councilmember Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 2.04, SECTION 2.04.002(A) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS RELATING TO DECLARING JUNETEENTH AS AN OFFICIAL HOLIDAY FOR THE CITY EMPLOYEES; PROVIDING FOR SEVERABILITY; AND PROVIDING A REPEAL. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER AND FELDSCHAU NAYS: NONE MOTION PASSED Ordinance 21-066 6. Consider approving the write off of uncollectible delinquent accounts. This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible when the balance due exceeds $1,000.00. Accounts included are for transactions prior to June 2020 which have been sent to the collection agency and collection efforts have been unsuccessful for more than one year. EMS Ambulance Charges - $958,809.01 These charges from ambulance transports include uninsured claims or co-pay and deductibles that the customer is responsible for. The original charge dates range from 2018 to 2020 and accounts have been uncollectible for at least one year. Weed Abatement Charges - $30,235.32 Original charge dates range from 2015 to 2019. Total to be written off- $989,044.33. If at any time an account becomes collectible after having been written off, the receivable shall be adjusted accordingly. The balance of the account shall be reinstated, and payments shall be applied to that balance. Not applicable. Approval of the resolution. Mayor Pro Tern Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES, AS AN INTERNAL ACCOUNTING PROCEDURE, THE WRITE-OFF OF THE FOLLOWING DELINQUENT ACCOUNTS TOTALING$989,044.33 FOR W HICH EACH INDIVIDUAL ACCOUNT EXCEEDS $1,000,AND THAT THESE DEBTS ARE NOT BEING EXTINGUISHED OR FORGIVEN AND IF,AT ANY TIME, Minutes—September 28,2021 AN ACCOUNT BECOMES COLLECTIBLE AFTER HAVING BEEN WRITTEN OFF,THE RECEIVABLE SHALL BE ADJUSTED ACCORDINGLY AND THE BALANCE OF THE ACCOUNT SHALL BE REINSTATED AND PAYMENTS SHALL BE APPLIED TO THAT BALANCE. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER AND FELDSCHAU NAYS: NONE MOTION PASSED Resolution 21-235 7. Consider approving the write-off of uncollectible water accounts. This request is in accordance with the City's current write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible with a balance due that exceeds$1,000.00. All accounts have been terminated for at least one year and collection efforts have been unsuccessful. The termination dates for these accounts range from April of 2019 through March of 2020. A customer with a written-off account will not be able to obtain new water service with the city until the delinquent balance has been paid. If at any time it is determined such a customer is associated with a new or an existing account, the written off amount will be reinstated and transferred to that account for payment. Approval of the resolution. Councilmember Durlo moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE WRITE-OFF OF UNCOLLECTIBLE WATER ACCOUNTS TOTALING$36,237.26 FOR WHICH EACH INDIVIDUAL ACCOUNT EXCEEDS $1,000.00 AND THAT THESE DEBTS ARE NOT BEING EXTINGUISHED OR FORGIVEN AND IF, AT ANY TIME, AN ACCOUNT BECOMES COLLECTIBLE AFTER HAVING BEEN WRITTEN OFF,THE RECEIVABLE SHALL BE ADJUSTED ACCORDINGLY AND THE BALANCE OF THE ACCOUNT SHALL BE REINSTATED AND PAYMENTS SHALL BE APPLIED TO THAT BALANCE. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER AND FELDSCHAU NAYS: NONE MOTION PASSED Resolution 21-236 PUBLIC HEARING * Receive comments on the 2020 Consolidated Annual Performance and Evaluation Report (CAPER) Public Hearing Open: 2:14 p.m. Minutes—September 28,2021 None Public Hearing Close: 2:14 p.m. * Dangerous Structures Public Hearing Open: 2:16 p.m. Public comments were made by the following citizens who personally appeared and requested additional arrangements for their property. Wilferd Richard 3688 Blossom Beaumont TX Item #7 1825 Elgie Sergio Arevalo 4441 Woodlawn Beaumont TX Item #25 495 Schwarner Public Hearing Close: 2:23 p.m. 8. Consider an ordinance to declare 26 structures to be unsafe structures and orderthe owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occurwithin 10 days after the effective date of this ordinance. 1. 2445 Amarillo 2. 2275 Avenue D 3. 255 Bradford & shed 4. 3215 Brandon 5. 5515 Crestland Loop 6. 250 E. Elgie 7. 1825 Elgie 8. 3484 Glenwood 9. 2670 Harriot 10.2845 Hebert 11.8095 Highway 105 12.7165 Hurley 13.4250 Ironton 14.675 Jeanette 15.3930 Johnstown & garage 16.5665 S. Kenneth 17.2354 Laurel —2nd house only 18.215 Manning 19.2515 Nora 20. 1016 Oakland 21.2440 Pierce & shed 22.3245 Renaud Minutes-September 28,2021 23.3670 Robinson & shed & 24.2005 Sarah carport 25.495 Schwarner 26.2195 Taylor These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaumont's Code of Ordinances, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2015 International Property Maintenance Code.Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. Funding sources may include General funds and Community Development Block Grant (CDBG) funding. Approval of the ordinance. Mayor Pro Tern Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL OR REPAIR; AND TO ALLOW PROPERTY OWNERS OF ITEMS#7 AND#26 TO ENTER INTO A 150 DAY WORK PROGRAM; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY. COuncilmember Feldschau seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER AND FELDSCHAU NAYS: NONE MOTION PASSED Ordinance 21-067 + Receive comments related to the property located at 3910 Buffalo Street Public Hearing Open: 2:24 p.m. None Public Hearing Close: 2:25 p.m. 9. Consider an ordinance declaring 3910 Buffalo an Imminent Danger and order its immediate demolition and cleanup. 3910 Buffalo Street was "tagged" as unsafe on September 10, 2021. The owner, Elton Davis Jr. Estate (deceased), was given notice of the dangerous condition of the structure. The structure was set on fire by his son, who was arrested and is currently in jail. Since the fire, people have been going through the debris to retrieve copper and anything else they can find of value. The neighbors are complaining and would like the debris cleaned up to keep it from being further disturbed and to keep the neighborhood safe. Minutes—September 28,2021 Funds will come from the General Fund. Approval of ordinance. COuncllmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING THE STRUCTURE LOCATED AT 3910 BUFFALO STREET TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND REMOVAL AS A CLEAR AND PRESENT DANGER TO PUBLIC SAFETY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. Councllmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PROTEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER AND FELDSCHAU NAYS: NONE MOTION PASSED Ordinance 21.068 Mayor Mouton read the announcement regarding Closed Session being held at the conclusion of the General Business portion of the meeting. COMMENTS * Public Comments (Persons are limited to three minutes) Gregory Wallace 555 Elm St. Beaumont TX Spoke regarding the homeless, stated that he was homeless after being sick for a few years, stated that he was approached by a citizen and was asked if they got a bus would he help get the homeless on the bus to get them out of Beaumont Thefarro Richard 5275 Parkview Dr. Beaumont TX Complimented the Beaumont Police Department and the other entities that were involved in solving the twenty six (26) year cold case murder of a young teacher, stated that she's confused, does all lives really matter, in particular does black lives matter or further more does her life matter, or does the lives of single white females matter only to law enforcement in Jefferson County, stated that she stands before Council as a live cold case, stated that on July 10, 2021, her and two of her homeless passengers were assaulted and her car was riddled with eight bullets, the car was set on fire with her and her passengers in the car, stated since that time she hasn't received one phone call from the Police Department, additional comments were made regarding this assault, asked why doesn't her life matter Zane Stephens 1001 Pearl Beaumont TX Stated that she has been fielding a lot of phone calls the last few days, wanted to explain to Council what will be happen moving forward, stated that it's not a secret that the Jefferson County Commissioners Court has terminated an agreement with the City of Beaumont Minutes—September 28,2021 regarding the Jefferson County jail receiving inmates, wanted to make it clear to the community that while the County has ended the contract that doesn't mean that the County will be letting all the criminals out of their jail and that they will refuse to accept criminals upon arrest, as the law would allow she has the ability on any commitment or anywarrant to continue to accept prisoners and they will do that, stated that along with the Commissioners Court and the City Council they will sit and iron things out and resolve this issue, stated that if anyone has any questions or concerns to please contact her and rest assure the community is still safe Winston McCullough 2385 Broadway Beaumont TX Spoke to Council regarding his water bill at the property on Broadway, stated that he's been overpaying his water bill for over a year, there's issues with calculations as well as the computer software, he's talked with the staff in water customer service and they can't seem to help him, stated that he would like to receive a refund for all the years he's over paid Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEM13ER NEILD - ABSENT MAYOR PRO TEN SAMUEL- NONE COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER TURNER- STATED TO MR. WALLACE WHO SPOKE EARLIER THAT HE WOULD LIKE TO PROVIDE HIM WITH HIS CONTACT INFORMATION COUNCILMEMBER GETZ- STATED TO MR.WALLACETHAT HEWOULD BE HAPPYTOVISIT WITH HIM AFTER THE MEETING, ALSO STATED THAT THERE'S SOME MISINFORMATION BEING PUT OUT REGARDING THE BATTLESHIP TEXAS, WANTED CITIZENS TO KNOW THE INFORMATION WAS INCORRECT COUNCILMEMBER DURIO - NONE CITY ATTORNEY COOPER- ABSENT TOM DUESLER ASST. CITY ATTY- NONE CITY MANAGER HAYES - STATED THE CITY ATTORNEY, TYRONE COOPER WHO IS THE PRESIDENT OF THE INTERNATIONAL MUNICIPAL LAWYERS ASSOCIATION IS OUT OF TOWN ATTENDING A MEETING AND JUDGE LIVELY IS IN COURT,STATED THAT ON BEHALF OF HIM AND THE CITY CLERK ALONG WITH THE OTHERS,THEY WOULD LIKE TO THANK THE COUNCIL FOR THEIR CONTINUED SUPPORT AND THEIR WORKING RELATIONSHIP MAYOR MOUTON - NONE Minutes—September 28,2021 Open session of meeting recessed at 2:49 P.M. CLOSED SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Jefferson County, Texas v. City of Beaumont, Texas; No. B-198,481 Robin Mouton, Mayor Tina Broussard, City Clerk Minutes—September 28,2021 B Confirmation of board and commission member appointments RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Appointment Commission Beginning of Expiration of Term Term Robin Troy Community 10/12/2021 09/30/2023 Development Advisory Committee Walt Wend ler Community 10/12/2021 09/30/2023 Development Advisory Committee Dora Nisby Community 10/12/2021 09/30/2023 Development Advisory Committee Brian Nepveux Community 10/12/2019 09/30/2023 Development Advisory Committee Biquita Community 10/12/2021 09/30/2023 Hernandez-Smith Development Advisory Committee Connie Berry Community 10/12/2021 09/30/2023 Development Advisory Committee Darius Linton Community 10/12/2021 09/30/2023 Development Advisory Committee James Broussard Community 10/12/2021 09/30/2023 Development Advisory Committee Bobby Beaver Convention and 10/12/2021 09/30/2023 Tourism Advisory Board Dayna Simmons Convention and 10/12/2021 09/30/2023 Tourism Advisory Board Marc McDonald Convention and 10/12/2021 09/30/2023 Tourism Advisory Board Roy West Convention and 10/12/2021 09/30/2023 Tourism Advisory Board Shelly Vitanza Convention and 10/12/2021 09/30/2023 Tourism Advisory Board Stephen "Doc" Convention and 10/12/2021 09/30/2023 Watson Tourism Advisory Board Glenda Segura Convention and 10/12/2021 09/30/2023 Tourism Advisory Board Ladonna Sherwood Convention and 10/12/2021 09/30/2023 Tourism Advisory Board Hester Bell Historic Landmark 10/12/2021 09/30/2023 Commission John Berube Historic Landmark 10/12/2021 09/30/2023 Commission Janelle Templeton Historic Landmark 10/12/2021 09/30/2023 Commission Kunwoo Choi Library Commission 10/12/2021 09/30/2023 Dora Nisby Library Commission 10/12/2021 09/30/2023 Ben Woodhead Library Commission 10/12/2021 09/30/2023 Yola Barnes Library Commission 10/12/2021 09/30/2023 Jason Wade Parks and 10/12/2021 09/30/2023 Apodaca Recreation Advisory Committee Michael Tarabay Parks and 10/12/2021 09/30/2023 Recreation Advisory Committee Vivian Todd Parks and 10/12/2021 09/30/2023 Recreation Advisory Committee John Neil Parks and 10/12/2021 09/30/2023 Recreation Advisory Committee Emily Coxe Parks and 10/12/2021 09/30/2023 Recreation Advisory Committee Clarke Baker Parks and 10/12/2021 09/30/2023 Recreation Advisory Committee David Harper Parks and 10/12/2021 09/30/2023 Recreation Advisory Committee Charles Paul Parks and 10/12/2021 09/30/2023 Recreation Advisory Committee Tom Noyola Planning and 10/12/2021 09/30/2023 Zoning Commission Taher Quraishi Planning and 10/12/2021 09/30/2023 Zoning Commission Sina Nejad Planning and 10/12/2021 09/30/2023 Zoning Commission Darius Linton Planning and 10/12/2021 09/30/2023 Zoning Commission William "Bill' Sam Police Department 10/12/2021 09/30/2023 Community Advisory Committee Alma Hodge Police Department 10/12/2021 09/30/202 Community Advisory Committee Rodney Robichau Police Department 10/12/2021 09/30/2023 Community Advisory Committee Glen Johnson Police Department 10/12/2021 09/30/2023 Community Advisory Committee Karl Duerr Police Department 10/12/2021 09/30/2023 Community Advisory Committee Roy McGrath Police Department 10/12/2021 09/30/2023 Community Advisory Committee Thomas Sigee Police Department 10/12/2021 09/30/2023 Community Advisory Committee Sohaib Jabbar Police Department 10/12/2021 09/30/2023 Community 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 12th day of October, 2021. - Mayor Robin Mouton - C BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: October 12, 2021 REQUESTED ACTION: Council consider a resolution nominating Lauren Mason for the Board of Directors of the Jefferson Central Appraisal District. BACKGROUND Lauren Mason currently serves on the Board of Directors of the Jefferson Central Appraisal District. The terms of the current Board members expire on December 13, 2021. Nominations for the Board of Directors must be filed with the Appraisal District by October 15. A letter from the Chief Appraiser is attached for your review. RECOMMENDATION Approval of the resolution. �r�4�ey0N CT'I7, Jefferson Central Appraisal District Phone (409) 44 727A6 P.O.Box 21337 4610 S.Fourth St. (409)727-46t 1 www.jcad.org Beaumont,Texas 77720-1337 Beaumont,TX 77705 Fax (409)727S621 Chief Appraiser August 17,2021 MEMBERS OF THE BOARD Angela Bellard, RPA,RES,AAS Terry Schwertner,Chairperson Eugene Landry, Secretary Allison Nathan Getz Lauren Williams Mason Ms.Robin Mouton Dr. Louis Reed,Jr. Mayor City of Beaumont P O Box 3827 Beaumont TX 77704 Dear Mayor Momon: In accordance with Section 6.03(e)of the Property Tax Code,attached please find the voting entitlement for each taxing unit that is entitled to vote for the Board of Directors. The terms of the current Board members expire on December 31, 2021. If your entity would like to submit nominations for the Board of Directors,you must do so by resolution adopted by your governing body and file it with me prior to October 15. After all nominations are received,I will submit to each entity entitled to vote a ballot listing all of t e nommees before October 30. Each entity will then cast its votes,again by resolution adopted by the governing body,and submit the resolution to me before December 15. The conservation and reclamation districts nominated Allison Nathan Getz for the 2022 -2023 term of office. Mrs. Getz's name will be placed on the ballot along with the names of the nominees submitted by the County,cities,and school districts. In the main election,the nominee who receives the majority of the votes cast by the conservation and reclamation districts will receive all of the votes cast by the special districts. I have enclosed a copy of the calendar of events for the election of the Board of Directors. Please be aware that due to legislation,extensions for submitting your nominees and casting your votes cannot be granted. If you have any questions,please do not hesitate to contact me. /SSiiinnncceerely, An g Bellard, RP,ROES Chief Appraiser pjb A � Enclosures y^6��g19202122��7 c: Mr. Kyle Hayes,City Manager p N n m J N N lsg�99b£Z�� �� JEFFERSON COUNTYAPPRAISAL DISTRICT Voting Allocation for 2022-2023 Board of Directors Based on 2020 Tax Levies % of Total 2020 Tax Lew Tax Lew # of Votes Drainage District#6 $20,570,123.42 3.39% 169 Drainage District#7 $33,408,896.01 5.50% 275 Navigation and Waterways Dist $21,640,932.43 3.56% 178 Port of Beaumont $11,011,512.63 1.81% 91 Port of Port Arthur $11,809,139.93 1.94% 97 Port of Sabine Pass $1,215,034.21 0.20% 10 Trinity Bay Conservation Dist $25,124.47 0.00% 0 WCID #10 $1,163,394.56 0.19% 10 SUBTOTAL C & R DISTRICTS: $100,844,157.66 16.60% 830 Jefferson County $88,186,540.62 14.52% 726 Beaumont lSD $138,370,797.63 22.78% 1,139 Hamshire-Fannett ISO $9,144,531.17 1.51% 75 Hardin Jefferson ISD $6,385,935.29 1.05% 53 Nederland ISD $37,686,593.77 6.20% 310 Port Arthur ISD $82,576,036.09 13.60% 680 Port Neches-Groves ISD $35,893,614.19 5.91% 296 Sabine Pass ISD $10,236,088.26 1.69% 84 City of Beaumont $55,762,721.99 9.18% 459 City of Bevil Oaks $123,714.14 0.02% 1 City of Groves $6,143,572.98 1.01% 51 City of Nederland $7,166,215.37 1.18% 59 City of Port Arthur $21,651,856.26 3.56% 178 City of Port Neches $7,161,288.31 1.18% 59 City of Taylor Landing $50,776.60 0.01% 0 SUBTOTALS: $506,540,282.67 83.40% 4,170 TOTALS: $607,384,440,33 100,00% 5,000 ELECTION OF BOARD OF DIRECTORS Calendar of Events as Revised by HB 2043 Before October 1 Chief Appraiser calculates votes each entity is entitled to and delivers written notice to each taxing entity (with exception of conservation and reclamation districts). Before October 15 By resolution adopted by the governing body, each entity submits nomination to the Chief Appraiser(with exception of conservation and reclamation districts). An entity may submit a nomination for each of the five positions on the Board. Before October 30 Chief Appraiser prepares a ballot of candidates whose names were timely submitted and delivers a copy to the presiding officer of each entity entitled to vote. Before December 15 Each entity determines its vote by resolution and submits it to the Chief Appraiser. An entity may cast all its votes for one candidate or distribute them among candidates. Before December 31 Chief Appraiser counts the votes, declares the five candidates who receive the largest vote totals as the winners, and submits the results to the taxing entities and the candidates Should any deadline fall on a weekend or holiday, the deadline is extended to the next regular business day. Revisions to Section 6.03 of the Property Tax Code no longer allow the Chief Appraiser to grant an extension jor submitting nominees or casting votes. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby nominates Lauren Williams Mason to the Board of Directors of the Jefferson Central Appraisal District. 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 12th day of October, 2021. - Mayor Robin Mouton - BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Public Works Director&Technology Services MEETING DATE: October 12,2021 REQUESTED ACTION: Council consider a resolution authorizing the conveyance of a Drainage Easement to Jefferson County Drainage District No. 6. BACKGROUND City of Beaumont has agreed to convey a drainage easement to Jefferson County Drainage District No. 6. The easement is described as being a 0.7786 acre drainage easement situated in the J. W. Bullock League,Abstract 7,Jefferson County, Texas and being out of and part of the right-of-way of Rena Street and out of and part of a 15' feet wide alley behind Marie Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the City of Beaumont, Texas has agreed to convey one (1) drainage easement, said easement being a 0.7786 acre drainage easement situated in the J.W. Bullock League, Abstract 7, City of Beaumont, Jefferson County, Texas and being out of and part of the right-of-way of Rena Street and out of and part of a fifteen foot (15') wide alley behind Marie Street, described and shown in Exhibit "1," attached hereto, to Jefferson County Drainage District No. 6 to facilitate maintenance of a ditch on city-owned property; and, WHEREAS, the City Council has considered the public purpose of said conveyance and is of the opinion that the conveyance is necessary and desirable and is in the best interest of the City of Beaumont and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute one (1) drainage easement, said easement being a 0.7786 acre drainage easement situated in the J.W. Bullock League, Abstract 7, City of Beaumont, Jefferson County, Texas and being out of and a part of the right-of-way of Rena Street and out of and part of a fifteen foot (15') wide alley behind Marie Street, described and shown in Exhibit "1," attached hereto, to Jefferson County Drainage District No. 6 for drainage improvement purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2021. - Mayor Robin Mouton - STATE OF TEXAS § § KNOW BY ALL MEN THESE PRESENTS. COUNTY OFJEFFERSON § DRAINAGE EASEMENT THAT, CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, State of Texas,hereinafter called "GRANTOR", for and in consideration of the sum of ONE AND NO/100 DOLLAR($1.00), and other good and valuable consideration to us in hand paid by the JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6, a special district of the State of Texas,hereinafter called "GRANTEE",the receipt and sufficiency of which consideration is hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the JCDD6, 6550 Walden Road, Beaumont, Texas 77707, Jefferson County, Texas, its successors and assigns, Drainage Easements and the right to construct, alter, and maintain drainage improvements and appurtenances on the hereinafter described lands which said easements are under, over, in and across that certain tracts or parcels of land owned by GRANTORS situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A& B" attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing,relocating, and removing drainage structures, canals, ditches and appurtenances, and the following rights me also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate EXHIBIT "l" the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. GRANTEE shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 2021. GRANTOR: By: Printed Name: Kyle Hayes Title: City Manager {INTENTIONALLY LEFT BLANK} ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the day of , 2021, by Kyle Hayes, City Manager on behalf of the City of Beaumont. GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of , 2021. Notary Public, State of Texas RETURN TO: Dr.Joe MaJdalani,PE Jefferson County Drainage District No. 6 6550 Walden Road Beaumont,TX 77707 (409) 842-1818 EXHIBIT "A" Legal Description: 0.7786 Acre Drainage Easement LW.Bullock League,Abstract No. 7 Beaumont,Jefferson County,Texas BEING a 0.7786 acre drainage easement situated in the J.W. Buttock League, Abstract No. 7, Jefferson County, Texas and being out of and part of the right-of-way of Rena Street and out of and part of a 15 feet wide alley, said 0.7786 acre drainage easement being more particularly described as follows: NOTE: All bearings are referenced to the Texas State Plane Coordinate System South Central Zone NAD83 (2011). All distances and acreages are surface. All set 518"iron rods set with caps stamped "M W. Whiteley&Associates". COMMENCING at a 5/8"iron rod found for the Northeast comer of Sprott Park,said comer also being the Northeast comer of that certain called 4.439 acre tract of land as described in a deed from Frank Dover,O.N.Eldridge,C.A.Kohler and M.L.Lefler,Jr.to the City of Beaumont,Texas as recorded in Volume 1635, Page 458, Deed Records, Jefferson County, Texas and being in the West line of Block 14 of Sliver City Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 3, Page 58, Map Records, Jefferson County,Texas; THENCE SOUTH 03026'49" EAST, along and with the East line of the said 4.439 acre City of Beaumont tract,the same being the East line of Sprott Park, for a distance of 424.70 feet to a 5/8" iron rod set for the POINT OF BEGINNING of the tract herein described,said comer also being in the West right-of-way line of Rena Street; THENCE NORTH 86013'03" EAST, over and across the said Rena Street right-of-way and parallel and 30 feet perpendicular to the South right-of-way line of Rena Street, for a distance of 920.54 feet to a 5/8" iron rod set for comer; THENCE NORTH 03°41'03"WEST,over and across the said Rena Street right-of-way and along and with the West line of a 15 feet wide alley and the East line of the Ida Cornier Acre Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 291, Page 282, Deed Records, Jefferson County, Texas and the East line of that certain tract of land out of and part of the V. Cormier three (3) acre tract in the J.W. Bullock League as described in a "General Warranty Deed" from Charles Anderson and Norma Lofton to Martin Chavis and Carol Chavis as recorded in Clerk's File No. 2005038407, Official Public Records of Real Property,Jefferson County,Texas,for a distance of 389.95 feet to a 5/8" iron rod set for comer; THENCE NORTH 86018'57" EAST,over and across the said 15 feet wide alley,for a distance of 15.00 feet to a 5/8" iron rod found for comer, said comer being the Southwest comer of Lot 1, Block 1 of Bob Street Addition, a subdivision of the City of Beaumont, Jefferson County,Texas, according to the plat thereof recorded in Volume 9, Page 98, Map Records, Jefferson County, Texas; EXHIBIT"A" Page 1 of 2 MAR£W.WHITELEY A ASSOCIA TES,INC. THENCE SOUTH 03041'03" EAST,along and with the West line of the said Bob Street Addition and the East line of the said 15 feet wide alley, passing at distance of 340.54 feet a V iron pipe found for the Southwest comer of Lot 18,Block 2 of the said Bob Street Addition,the same being the intersection of the East line of the said IS feet alley and the North right-of-way line of Rena Street and continuing for a total distance of 419.93 feet to a 5/8"iron rod set for comer,said comer being in the South right-of-way line of Rena Street and in the North line of Lot 10, Block 1 of Odom Terrace, a subdivision of the City of Beaumont, Jefferson County,Texas, according to the plat thereof recorded in Volume 10,Page 33, Map Records,Jefferson County,Texas; THENCE SOUTH 86013'03" WEST, along and with the South right-of-way line of Rena Street and the North line of Lot 10,Block 1 of the said Odom Terrace,the North line of Virginia Estates, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 11, Page 65, Map Records, Jefferson County, Texas, the North line of that certain called 1.765 acre tract of land as described in a "Warranty Deed" from First United Methodist Church of Orange,Texas to Herman Hudson,et al.,Trustees of Sunlight Baptist Church, as recorded in Film Code No. 103-47-0419, Official Public Records of Real Property, Jefferson County, Texas and the North line of that certain called 6.00 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from Sunlight Properties to Virginia Estates, LP as recorded in Clerk's File No. 2008021134, Official Public Records of Real Property, Jefferson County,Texas, for a distance of 935.67 feet to a 5/8" iron rod set for comer,said comer being the Northwest comer of the said 6.00 acre Virginia Estates, LP tract, the Southeast comer of the said 4.439 acre City of Beaumont tract and being the Northeast corner of that certain called 5.107 acre tract of land as described in a deed from Frank Dover,O.N. Eldridge,C.A.Kohler and M.L. Lefler, Jr.to the City of Beaumont,Texas as recorded in Volume 1685,Page 34,Deed Records,Jefferson County,Texas and said from comer a concrete monument found for the Southwest comer of the said 6.00 acre Virginia Estates,LP tract bears SOUTH 03026'49" EAST a distance of 564.05 feet and from said comer a 1/2" iron rod with a cap stamped"Soutex"bears NORTH 58001'59"WEST a distance of 1.85 feet; THENCE NORTH 0302649" WEST, along and with the East line of the said 4.439 acre City of Beaumont tract, the same being the East line of Sprott Park, and the West right-of-way line of Rena Street, for a distance of 30.00 feet to the POINT OF BEGINNING and containing 0.7786 Acres,more or less. Surveyed on September 29,2021. This legal description is being submitted along with a plat based on this survey(see EX IT "B"). 4. 7C o ` Thomas S. e,RPLS No. 5728 1 e„ },,... ""'i,,aYASs�aowe� .. ........ .7..... %<' 5728 r Texas Surveying Firm No.: 10106700 Vp o?� E64 V w,•3N nv-mnn-1Itl eb oo. IAryQ'SUN* EXHIBIT"A" Pagc 2of2 MARKW WNITELEYAASSOCIATES,INC. o' 75' 150, 300' — Scole: 1"=150' ID ys Ss 31 ze 1-b 4-A M JO 31 1 JB 2 3 0 21 ]] M 24 a 26 27 n 29 30 31 J2 33 M 35 36 ]) SB 5 b ] PH NM•tFIE•E- MD 5/5' 16AF MO 5/8' I. ROD I. NOD SE 5/B' LU01lE STREET 1. D WMe men ���qpNNN fill STREET BY W V ,IPD 32 Dip 33 1 E g � fA 8 R6 2 y'6J g 1B 1B 1] i6 15 11 1S iz 11 ID B 6 ] fi 5 0 3 2 ten 3� >y<Bg \t 3 yyqBpp;; f,� gh 20'ALLEY �gI ,�,�t�LB� 6666� _ N^,PL,Pu.� 4h 20 21 23 n 24 25 26 Z> 20 29 30 31 32 M M 35 35 J7 J6 9 C Uy 9 10F1112 13 14 15 16 IB 19 30 M01 RENA R SEi 5/B' RENA STREET SET 5/8• I. PPE STREET FNDNWM'N'W m.oW R FtID0.1116ACREDRAR4EEFMEEEXf M— CRNX SETS PNDBePt •W p661' SEf /b' SB61 J'0 'W gn I. ROD g 9 1. ROD yy FIND 1/2' 1. ROD W/CM to n8 M i SWIPED •SDNIX' BFIAS Wpm r= Diu N56'01'S V 1.85' MRARRA C2y AARTMENTBR IIT 8 8 -.9, P R CfNOW00A1'i 26021s M 6.00 ACRES S ao BF�ytI B $ ae ] "y' 7 \ �" OPRJC 6� BLOCK 8 y BLOCK 7 MD 1/2' .� NO7 1L DISIINCES MO ACREAGES ME a� m 1. R00 % n511RFACE.ALL S0 5/B' IRON RODS SET 6 �b 6 Ti WRH CAPS SfMAPED N.W. WHIIEIEY& EW 65 tEW�'j5 1es+ yr Y' Assocm E '. 4c 5 Wes\ e 5 SQ - g EXHIBIT"B" EXHIBIT OF REFER TO EXHIBIT "A" 0.7786 ACRE FOR LEGAL DESCRIPTION DRAINAGE EASEMENT TO THE OWNERS OF THE PREMISES SURVEYED J.W.BULLOCK LEAGUE AS OF THE DATE OF THE SURVEY: ABSTRACT NO.7 6 MD. 1, THOMAS 5—ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY BEAUJEFFERSON COUNTY,TEXAS CONC. MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED UCH. HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE 0 VIM9MIA bTREE'T W T SURVEY Im" m —n0 ^mO F 1 (60' RLOW.) DATE SURVEYED SEPTEMBER 29, 2021 SE OF jpq• W`.\z021\zi-t111\2t-n 11.DWc 2t"-At t 1 srp 4. 'q"F .........................ASS. :..... �l MW/� .....MASS.ROWS E5'hy0 $728o�ef NAPoCWIBIIELEYB •F El '� Ttp®A wmKrWgl . "Q& THOMAS S. ROW - REGISTERED PROFESSI No. 5728 TE1GW ENQM2MNO FWW No.F-9666 MFAF1OFWY EFAPENR TMbTIm BEAUM© NT E TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Barkowiak, Director of Public Works &Technology Services MEETING DATE: October 12, 2021 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot(10') wide Exclusive Water Line Easement located at 740 Highway 105. BACKGROUND BHA Trinity Grove, LLC has agreed to convey a ten foot(10') wide exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.6263 acre tract of land out of Tract 1 of the Trinity Grove Addition situated in the Wesley Dykes Survey,Abstract No. 17, City of Beaumont, Jefferson County,Texas. The easement is for a water line for new apartments located at 740 Highway 105. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, BHA Trinity Grove, LLC has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.6263 acre tract of land out of Tract 1 of the Trinity Grove Addition situated in the Wesley Dykes Survey, Abstract No. 17, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the City of Beaumont to facilitate the construction of new apartments located at 740 Highway 105; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and is in the best interest of the City of Beaumont and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT one ten foot (10')wide exclusive water line easement, said easement being a 0.6263 acre tract of land out of Tract 1 of the Trinity Grove Addition situated in the Wesley Dykes Survey, Abstract No. 17, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit 1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2021. - Mayor Robin Mouton - STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § WATER LINE EASEMENT THAT, BHA TRINITY GROVE, LLC, a Texas limited liability company, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual, exclusive, water line casement(the "Easement') to construct, alter, and maintain waterlines and related appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A ", attached and made a part hereof for all purposes (the"Easement Area"). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the EXHIBIT "1" business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the surface of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the `Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page Follows] EXECUTED this 30th day of September, 2021. GRANTOR: BHA TRINITY GROVE, LLC, a Texas Limited Liability company By: Golden Triangle Redevelopment Corporation, a public facility corporation created under the Texas Non-Profit Corporation Act, its sole member By: \ Printed Name: Allison Lam r..,,.,... Title: C.6.O ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this the '30m day of September, 2021, byQ 4wm , a Q , of Golden Triangle Redevelopment Corporation, a pu lic facilitb y corp t on created under the Texas Non-Profit Corporation Act, sole member of BHA TRINITY GROVE, LLC, a Texas limited liability company, on behalf of said limited liability company. ������ii��''�� GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of September, 2021, JC ,ems o Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. P. O. Box 3827 A C JENNIFER OEATON I EGOflY Beaumont,TX 77704 iNotary 'W;C, Smte of Texee""g Comm. Expires 03-0b202A o`` Nowy10 126270490 EXHIBTI A (attached) Fittz & Shipman INC. Consulting Engineers and Land Surveyors Ronald D.Flta,P.E.,R.P.LS.(1948-1987) Daniel A.Dotson,P.E.,President Terry G.Shipman,P.E.,Senior Consultant Donald R.King,P.E.,Vice President Bernardino D.Tristan,P.E.,Chief Executive Officer Mitchell Lee Eraton,RPLS EXHIBIT"A",PAGE 1 OF 3 CENTERLINE DESCRIPTION FOR A 10' WIDE EXCLUSIVE WATER LINE EASEMENT OUT OF TRACT I OF THE TRINITY GROVE ADDITION OUT OF THE WESLEY DYKES SURVEY,ABSTRACT 17 JEFFERSON COUNTY,TEXAS AUGUST 9,2021 REVISED: SEPTEMBER 22,2021 That certain centerline description for a 10'wide exclusive water line easement, 5' on each side of centerline, out of a 9.95 acre tract known as Tract 1 of the Trinity Grove Addition, a plat recorded in Clerks File No. 2020022128 of the Official Public Records of Jefferson County, Texas, out of the Wesley Dykes Survey, Abstract 17 of Jefferson County, Texas, said centerline being more particularly described by courses and distances as follows: Note: Bearings are based on the NAD 83, Texas State Plane Coordinate System, South Central Zone 4204. COMMENCING at a capped iron rod "Windrose" (N=13,990,958.37, E=3,489,803.55) found in the north right-of-way line of State Highway 105 for the southeast corner of Lot 2 of Clayburn Park Subdivision, a plat recorded in Clerks File No. 2015032401 of the Official Public Records of Jefferson County, Texas and the most southerly southwest corner of the said 9.95 acre tract; THENCE North 86"21'41" East along the said north right-of-way line of State Highway 105 and the south line of the said 9.95 acre tract a distance of 51.94 feet(called North 86°21'41" East)to a point for the POINT OF BEGINNING (N=13,990,961.67, E=3,489,855.39) of the said 10'wide exclusive water line easement from which a concrete monument found for an angle point of the said south line of the 9.95 acre tract bears North 86°21'41" East 54.69 feet(called North 86°21'41" East); THENCE along the said centerline of the 10' wide exclusive water line easement with the following courses and distances: North 03'38'19"West a distance of 45.91 feet to an angle point; North 26'08'19"West a distance of 13.07 feet to an angle point; North 19"West a distance of 276.94 feet to an angle point; South 86°21'41"West, at a distance of 59.02 feet pass a point for the POINT OF BEGINNING of TAP A from which the POINT OF TERMINATION of said TAP A bears North 03°38'19"West 15.00 feet, and continuing a total distance of 554.31 feet to an angle point; 1405 Cornerstone Court-Beaumont,Texas 77706-(409)832-7238•Fax(409)832-7303 Texas Board of Professional Engineers Firm No. 7160-Texas Board of Professional(and Surveyors Firm No. 100186 EXHIBIT"A", PAGE 2 OF 3 North 03°01'30"West, at a distance of 104.53 feet pass a point for the POINT OF BEGINNING of TAP B from which the POINT OF TERMINATION of said TAP B bears South 86°14'51"West 132.86 feet, at a distance of 151.94 feet pass a point for the POINT OF BEGINNING of TAP C from which the POINT OF TERMINATION of said TAP C bears North 86°21'41" East 15.09 feet, and continuing a total distance of 363.55 feet to an angle point; North 86*59'19" East, at a distance of 356.04 feet pass a point for the POINT OF BEGINNING of TAP D from which the POINT OF TERMINATION of said TAP D bears South 03'38'19" East 48.15 feet, at a distance of 419.80 feet pass a point for the POINT OF BEGINNING of TAP E from which the POINT OF TERMINATION of TAP E bears South 03°00'41" East 35.01 feet, and continuing a total distance of 621.94 feet to an angle point; South 25*19'31" East, at a distance of 155.97 feet pass a point for the POINT OF BEGINNING of TAP F from which the POINT OF TERMINATION of said TAP F bears South 64"49'37"West 9.98 feet, and continuing a total distance of 370.44 feet to an angle point; South 03'38'19" East a distance of 12.49 feet to an angle point; South 86°21'41"West, at a distance of 163.95 feet pass a point for the POINT OF BEGINNING of TAP G from which the POINT OF TERMINATION of said TAP G bears North 03'44'15"West 44.99 feet, and continuing a total distance of 208.37 feet to the POINT OF TERMINATION (N=13,991,295.59, E=3,489,829.15) of the said centerline of the 10' wide exclusive water line easement, traversing a total distance of 2768.11 feet, and containing in area 0.6263 acres in said easement. This Centerline Description is based on a survey performed by Fittz & Shipman, Inc. in 2020 and accompanies a plat of the same date. F&S Project No. 19104 Water Line Easement Revised WESLEY DYKES SURVEY, awNE.OR 1.FGEFl`i]so, uc �0®R A PAGE 9 OF 9 GCOUP-ABSTRACT 17 ° . . ,m..mE."° I'll a-.i o.,4i off,,. A.x°PoicLl.CIE JEFFERSON COUNTY, TEXAS `°""` — — — — — � - -=]a===ear SEA \ (o."'x`... NaA--11. 21S. go g 5 �\ \ �w�°ate, 1`:.. 5^ ^ I „e ouEnoowuNos. 5 3 \ SE 4PgJ ARE —ACT 1 Q' a, �ITION TIPV� w' airy TASINI—I.GR GROVE APoSSCS yjTAP C ER A ME CENINNE \ m�\ ,nm TAP 0 lo' y wAs E EExcWSIK EnsEnr s Acn slvE A, \ xw ao°:"x;oo-a cAN�ER11NE 0636A ACRES IN LOCATION YAP I...- .°I W- I^ ,a,xoxo`T m EASEMEx=�— JeL —16=� a.I.�x.a;::mil A.IN" TO SCALE) B r rsx6e $ , \ 06'15Y5'W5w0SO POINT OF RMINAllOR \ '� x' A.— I cE.ERux2 W 1o' mG \ CLAIHOR0DN P e E CENE EC SENTJIAO E \ \1 A. wn. X°x 0 H40N ye'� IS [ P-1.1A uufe am s' ma mxi Na IL ° SM sunxyo sSo Nolaz: p3p`e aoe-Y� <OrY tlptlo^ r E�.s 6�eo:^ �� 's IOT 1 Wiz G. Dos MI.ie.x°tuo a °rows s S. Pla.< _ gf o .o Aw-I z c°°ce;xole 5}sfem ]4XH-ID.xs s.th een,xl zm o o e II xm - ^g m •3 " POINT Of IRONxmG �,a o �g-�� f"aJ 3 e — �� § cexreRuxw to moE n• 0�,y _ °I EXCL E niER uxE 'S Q'f' (2) A oa e�aP6o1 of e.°. mre m� w1. EASEInEN°r 5 woe omWn,ssxln¢ Prat. s R.I AI-Al-. - - — - -. x1°,m s`J — _.._ _ "—�ofro. _ — o SURVEYORS CERTIFICATE: caMMExT 65 A "abex xju,?"xauww'wnron I.A. POWT ptE��y..�rf9 STATE HIGHWAY 105 ,wx I. f1 vw, y+.al°y.'6+, nIl wXA.,.11 Inmal[wwl y�,T /,� M/ / M:ICM1eII LHIee BmCkln W o-a.esm¢fs REN40: R LINE ER 22. EM F arxxo. J1Y1 ]\ I �;qo slsa r;,p 10' IMDE EXCLUSIVE WATER LINE EASEMENT 9,�..;crz,o:y0 Flttz�fShipman mod, NA-, RAT Cf Q82fi] npiE FOR.W E6W9YE 3 osrtao woaysim�u tum vn,tvw xa a�sr N SUR�f" GS t F 0 Wn1ER UNE EnAMEHT W i OP I.a ,FACT 1 OE TIE FAR"GROVE ILomox mnI m- .r(ml v,- BEMINCNT. TJGS pA�g.O -21 �a�c.0001 A.µ.o[cxzVM o+\`•-wv\.^^^ mmtVa, sp x4 F BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Public Works &Technology Director MEETING DATE: October 12,2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with Uniti Fiber for the placement of fiber optic cable in public right-of-way. BACKGROUND Uniti Fiber is requesting to route 2,819 feet of fiber optic cable across the public right-of-ways of Washington Boulevard, South 5" Street and Terrell Avenue. FUNDING SOURCE Uniti Fiber will pay the City of Beaumont a fee in accordance with Chapter 283 of the Texas Local Government Code. 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 Public Right-of-Way Use Agreement with Uniti Fiber, of Little Rock,Arkansas, for the placement of 2,819linear feet of fiber optic cable in the public right-of-way of Washington Boulevard, South 5th Street and Terrell Avenue with a fee in accordance with Chapter 283 of the Texas Local Government Code. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2021. - Mayor Robin Mouton - DocuSign Envelope ID'. DA7910E4-B7E94172aF1A-BF3D9AE4OF9 PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, Uniti Fiber desires to use certain public right-of-way within the City of Beaumont for the purposes set forth below; and, WHEREAS, it is the position of the City of Beaumont that Uniti Fiber must obtain a license in order to use the public right-of-way; and, WHEREAS, the City Council of the City of Beaumont has determined that it is appropriate to make the following agreement with Uniti Fiber; and, NOW, THEREFOR; The City of Beaumont,hereinafter called "City" for and in consideration of the receipt of good and valuable consideration, as set out more fully herein, hereby agrees with Uniti Fiber that Uniti Fiber may lay, maintain, operate, replace or remove fiber optic and related appurtentant facilities used to provide telecommunications services, including dark fiber for the transportation of communications (the "system") in, on, under or across the streets, alleyways and easements situated in the City of Beaumont, Jefferson County, Texas, as more specifically set out in the permit drawings and subject to the following conditions: (a) The system shall be installed in such a manner as has been approved by the City Engineer and/or the Texas Department of Transportation, if applicable, so that the finished installation shall, in no way, interfere with the use of the public streets and alleys by the public. Permits shall be obtained by Until Fiber or Uniti Fiber contractor from the Public Works Department of the City prior to any installation, maintenance or removal requiring excavation. (b) The system shall be buried at a depth of no less than thirty (30) inches unless otherwise authorized by the City Engineer and/or the Texas 1 EXHIBIT "A" DocuSign Envelope ID:DA7910E4-B7E94172-8F1A-BF3D9FE48F9 Department of Transportation, if applicable. The system is to be installed a minimum of thirty-six inches (36") below the existing flow line of the adjacent drainage ditch, when crossing or placed in said ditch. Uniti Fiber will notify the Public Works Department of the City of Beaumont prior to installation of the system under this agreement, and shall obtain City permits at a cost not to exceed a one-time charge of Ten Dollars ($10) plus Five Dollars ($5) for each day of construction. (c) The installation and operation of the system shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines,water lines, or other facilities. (d) The system shall be installed in such a manner as to provide a twelve (12) inch vertical clearance and a thirty-six (36) inch horizontal clearance with existing water or sanitary sewer lines. All excavations within the right-of-way shall be backfilled in accordance with City Standards. All surplus material shall be removed from the right- of-way. (f) Excavations necessary for the installation, repair or maintenance of the system shall be performed in such a manner as will cause the least inconvenience to the public and Uniti Fiber shall promptly restore to as good a condition as before and to the reasonable satisfaction of the City Engineer and/or the Texas Department of Transportation, all streets, alleys, or easements, excavated by it. (g) The system will be installed in accordance with the drawings approved by the City and to the specifications which set out the specific location, depth, method of construction, etc., of the installation. (h) Construction along roadways shall be performed in such a manner that excavated materials shall create the minimum hazard and obstruction. All property where operations are performed will be restored to original condition or better. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of the system. (i) Any installation which takes place in, on, under, above, or across property which is not owned by the City or not a City easement or right-of-way shall require additional permission by the owner(s) of the property involved. Approval of this license agreement excludes permission to do any installation on property which is not owned by the City of Beaumont. (j) Barricades, warning signs, lights, and flagmen will be provided and 2 Docu&gn Envelope ID:DA7910E4-WE94172-BF1A-BF3D9F4E4OF9 installed in accordance with the Texas Manual of Uniform Traffic Control Devices (current edition) by Uniti Fiber contractor when, in the opinion of the City Engineers, such is necessary for the safe installation of the system. Uniti Fiber or its contractor will provide supervision of the work which is knowledgeable in the standards referred to above. Nothing herein is to be construed as prohibiting the use by Uniti Fiber or its contractor of additional barricades, warning signs and lights or flagmen as be necessary. In the event Uniti Fiber or its contractor does not comply with the barricading standards, the City Engineer may order Uniti Fiber and its contractor to stop work; but only until compliance is achieved. (k) City reserves the right to lay and to permit to be laid sewer, gas, water and other pipes and cables, and to do or permit to be done any municipal underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any of said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Uniti Fiber for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Uniti Fiber rights to recover damages against any contractor or third party who may be responsible for damages to Uniti Fiber facilities. (1) If the City requires Uniti Fiber to remove, alter, change, adapt, or conform its facilities because of changes in the grade of a street or in the location or manner of constructing a water pipe, sewer pipe, or other underground or aboveground structure owned by the City, on alternative right-of-way provided by the City, Uniti Fiber shall make the alterations or changes as soon as practicable when ordered in writing by the City, without claim for reimbursement or damages against the City at no additional charge to Uniti Fiber. If these requirements impose a financial hardship on Uniti Fiber, Uniti Fiber shall have the right to present alternative proposals for the City's consideration. If the City requires Uniti Fiber to remove, alter, change, adapt or conform its facilities to enable any other corporation or person, except the City, to use, or to use with greater convenience, any public right-of-way, Uniti Fiber shall not be required to make any such changes until such other corporation or person shall have undertaken, with solvent bond, to reimburse Uniti Fiber for any loss and expense which will be caused by or arise out of such removal, alteration, change, adaptation or conformance of Uniti Fiber facilities; provided, however, the City shall never be liable for such reimbursements. (m) Uniti Fiber shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the installation, maintenance, operation, repair or removal of the system by Uniti Fiber, except to the extent arising 3 DocuSign Envelope ID:DA7910E4-B7E94172-8F1A-BF3D9F7E40F9 from the sole negligence, or wanton conduct or gross negligence of the City of Beaumont, its employees or agents. Neither party shall be liable to the other for any consequential, special, or indirect damage hereunder. (n) Tf the system or any part thereof installed by Uniti Fiber shall be in any respect damaged or injured by the City or any public entity in connection with any construction or maintenance of any public facility, Uniti Fiber shall not be entitled to prosecute or maintain a claim against the City or such public agency unless such damage is occasioned by the City or such public agencies wanton conduct or gross negligence. However, nothing contained in this paragraph shall prevent Uniti Fiber from prosecuting or maintaining a claim against a private contractor employed by the City or such entity. (a) Recovery by Uniti Fiber for damages that occur to Uniti Fiber facilities, as a result of an adjoining residential homeowner's attempt to construct improvements to his frontage shall be limited to actual damages only and no loss of revenue as damages. Any additional cost shall be home by Uniti Fiber. (p) The system shall be maintained and operated in such a manner as to cause no damage to public facilities. Damage to public facilities occasioned by such maintenance and operation shall be at Uniti Fiber expense. Such damages shall be limited to actual damages and no loss of revenue damages. (q) Unitt Fiber contractors shall famish the City with a certificate of insurance issued by an insurer acceptable to the City showing that the permittee has in force, and will maintain in force during the construction of the system, liability insurance of not less than $1,000,000 for anyone accident and property damage insurance of not less than $1,000,000, or to applicable City insurance requirements, at the time of such construction. Such insurance shall be maintained in force during the life of the project and no modifications or change of insurance coverage and provisions shall be made without ten(10) days written advance notice to the City. (r) Uniti Fiber shall make payment to the City of Beaumont in accordance with Chapter 283 of the Texas Local Government Code. (s) Actual expenses of inspection incurred by the City in connection with maintenance of the system by Uniti Fiber(except as provided in Paragraph k) shall be reimbursed to the City by Uniti Fiber upon written request therefore, which shall include evidence of such costs. (t) Uniti Fiber agrees that it shall mark the location of its system within 4 DocuSlgn Envelope ID:DA791 CE4-W E9-41]2­8F1 A-9F3D9F7E4eF9 seventy-two (72) hours after receipt of notification of proposed construction. Uniti Fiber maintains a toll-free telephone number to be called for location of the system. Should Uniti Fiber fail to locate the system for the City within seventy-two (72) hours of request duly acknowledged,Uniti Fiber shall pay a late charge of Five Hundred Dollars (S500) per day. In the event of a dispute concerning notice, Uniti Fiber audio tape of telephone messages shall provide proof of notification, which tapes will be made available upon request. Alternatively, notice may be shown by delivery of a certified letter to Uniti Fiber. (u) Unin Fiber, at no cost to the City, shall keep in the City and make available upon request, complete "as built" drawings clearly showing locations and depth of all facilities. Such drawings shall be provided to the City within sixty(60) days after completion of the project. (v) This agreement may not be assigned by Uniti Fiber to any other company or legal entity without the prior written approval by the City of Beaumont's Public Works Director, except that Uniti Fiber may assign its rights and obligations under this agreement to Uniti Fiber's parent, subsidiary, affiliate or successor entity without such consent, so long as the parent, subsidiary, affiliate or successor (1) assumes all obligations of Uniti Fiber under this agreement; and (2) is bound to the same extent as Uniti Fiber, and (3) the City is notified of the assignment within sixty (60) days and is furnished a written document within which the assignee assumes all obligations under this license. Said consent by the City shall not be unreasonably withheld. (w) Should any other company or legal entity, other than Uniti Fiber or Uniti Fiber's parent, subsidiary, affiliate or successor as authorized in section (v), use the system installed under this agreement under the rights granted herein without notification of the City of Beaumont's Public Works Director, such use shall be a violation of this agreement and Uniti Fiber will cease all use of the system and the City may take steps necessary to enforce a cancellation of this agreement, including removal of some portion or all of the system upon thirty (30) days written notice to Uniti Fiber, its subsidiaries, affiliates or successors. The City shall give Uniti Fiber written notice of any violation of this agreement. If Uniti Fiber fails to correct such violations within sixty(60) days of such notice,this agreement shall be immediately terminated upon said sixtieth day. Any notice to be given hereunder by either party to the other may be affected either by personal delivery in writing or by registered or certified 5 DocuSign Envelope ID:DA791 CE4-157E9d172-BF1 A-BF3D9F]E40F9 mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Uniti Fiber Public Works Department Attn: Robert Dixon PO Box 3827 Address: 10802 Executive Ctr Dr Suite 300 Beaumont,Texas 77704 City/State/Zip: Little Rock,AR 72211 (409) 880-3725 Phone/Email: _robert.dixon@uniti.com NOTICE PURSUANT TO PARAGRAPH"S" SHALL BE GIVEN AS FOLLOW: The above-stated addresses may be changed to such addresses as the parties may from time to time designate by written notice. Commencement of work on the fiber optic system by Units Fiber after the date of this agreement shall be construed as evidence of Uniti Fiber acceptance and approval of the conditions above set forth. This agreement shall be governed by and construed in accordance with the laws of the State of Texas, including,but not limited to Chapter 283 of the Texas Government Code. This agreement embodies the entire agreement between the parties hereto and supersedes all prior agreements and understandings, if any, relating to the matters addressed herein. This agreement may be amended or supplemented only by a written instrument executed by both parties. {INTENTIONALLY LEFT BLANK! 6 DocuSign Envelope ID:DAI910E4-WE94172-BFIA-BF3D9FE40F9 IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , 2021. CITY OF BEAUMONT By: Kyle Hayes, City Manager ATTEST: City Clerk UNITI FIBER oo�osia�•eey: B � Name: 3E4'Kg�E�ft'y1_ Title: President, Wholesale and Strategic Accounts_ TT_EAT�,r. 4u, Miff 7 • • • • • Unloti • OUTSIDE PLANT CONSTRUCTION FIBER OPTIC CABLE ROUTE HEAUMONT LATERAL OPPORTUNITY # 209586 3250 WASHINGTON BXVU BEAUMONT, TX JEFFERSON COUNTY PERMIT DRAWINGS PERMIT ID: N/A FOR PERMITTING: 9/24/21 SREET 2 OF 21 TAR[ E OF CONTENTS NOMTE ..... _.. EXCHANGE SEANCE ARER._..._......... MAP REFERENCE ................................ COMPANY PROJECT BEAUMONT LATERAL CO. SEC, _.. IYM. RNG........... SIFT. D vGNLR SPE-T BATE TENSION BY SHC D2 TABLE OF CONoNS SHL 03 LOCATION MAP -- SC. D4 BILL OF MATERIALS 3L of CONTACI SH-a SHT. 06 GENERAL CONC-RUCFIION VOTES SILT. 07 SYMBOLS KEY SHT. 08 DIRECTIONAL 30RE ALL 09 2.5' x S x 2 5 HANDFOLE CEIAIITS N T iD 2' x 3' x 2' HANDI IOLE DELAYS HANDHO_-- INSTALLATON DETAILS - SIFT 12 IANDI OLE SLACK STORAGE DETAIL ALL 13 CABLE GROUNDING NSTALLATION DETAILS SHL 14 TYPICAL A=RAI CONSTRUCTON DETALS SIT 15 TYPICAL A=RIAL CONSI RJC.f ON DETALS (CCNT_) SHT. 16-21 OUTSIDE PLANT — PLAN & PROFILE k I)I-IAILS DATE'.9124121 DESIGN:MM DRAFTED:MM CHECKED'. DA/DC'. SCALE: 150 Uniti �jEMANWEILEE TELECOM CONSUNINLUNE4INC. v �oON o- —24 VICINITY ?JAP DRBET_.._s BE 21 -- ROOTE CITY: BEAUMONT, TX COUNTY: JEFFERSON EXCHANGE LATTITUDE: N 30.055753' LONGITUDE: W-94.122359" DER"cc AREA MEP„REFERENCE...._.._..... COMPANY PROJECT BEAUMONT LATERAL CO. __.. SECT. OBBE RNG.......... TAX DAIS: REN90N BY v/z/i am..aeuw 'k 3 DATE 9I20121 DESIGN'MM DRJI MM CHECKED'. omac: SCALE'. 1'.50 CONSTRUCTION NOTES: LEGEND unit' 1.OPEN CUTTRENCH 31-AND BORE 2,788 WITHIN RIGHT OF WARNED INSTALL LXIN 1.25 HERE CONDUITAND ROLLA GREEN PROJECT AREA ENGINEERING COMPANY. 24F CABLE 2,PROPOSED DX3)4'X4'X4 ROBERTS LOCATIONS AND(X5)2'X3'X2'HANDHOLES RED=ON DEED ROUND CONSTRUCTION MANWEIIER BWE-AERIAL CONSTRUCTION "TELECOM CONSULTIN4.INC. PROPOSED UNDERGROUND:2,819'FEET MAGENTA=EXISTING DUCTwo UXE o-s�ss,�N ROM SHEET. 4.....OF 21.. NO"" EXCHANGE.._...........__.. SERNCE APEA................. MAg PEZIAOE_............. COMPANY PPOSCT BEAUMONT LATERAL BOM Beaumont Lateral co TMN NN0. ITEM DESCRIPTION U/M TOTAL DATE RENT. Er n Proposed UG FT 2819' Existing UG FT 0' 1.25" Conduit FT 8457' 4" Conduit FT 0' 24F Pull Through Conduit FT 2819' 24F Slackloop FT 300' 24F Total FT 3119' Mule Tape FT 2819' Splice Enclosure EA 1 HH 24x36x24 5 DATE:9124121 HH 36x60x36 0 DESIGN MM MH Size Standard 0 CHAFTED MM CHECKEDQNQC BP Size 4x4x4 3 SCALE SCALE . 1sG Unit) ENOINEERING COMPANY totMANWE ILER TELECOM CONSULTING.INC. Ire LONEo- -ssn CONTACT SFEET OPEE;__.s__.qr___21, ROMTE............._......._. EXCHANGE.........._......_. SEANCE AREA UTILITY OWNER UTILITIES CITY GOVERNMENT MAP REFERENCE UNIT TEXAS ONE CALL SYSTEM 1-800-245-4545 CITY OF BEAUMONT COMRANv 10802 EXECUTIVE CENTER DR. OR 811 REAL PROPERTY COORDINATOR PROJECT BEAUMONT LATERAL BENTON BUILDING.SUITE 300 ATMOS ENERGY ENGINEERING DIVISION 6466 TX-19 ANTOINETTE HARDY CO' LITTLE ROCK,AR]2211 ATHENS,TX]5]51 fi er.optics@BeaumonlTexas.9ov gc (501}850-OBZO ----- (983)670-3048 801 MAIN STREET T. -. .. ROBERT DIXON (]2]}543-4206 (888)286-W00 BEAUMONT,09)880TE%AS 77701 CTAX .-_... (409)-880-3]25 ONCOR ODALELECTRIC DELIVERY DATE: REeslory BY ENGINEERING CONTRACTOR 1616W ,TX 75 RODGERS FM STE 5E-EE3 DA8)313 TX]52W COUNTY GOVERNMENT MTC ENGINEERING (888)313-6862 __....._... 860E PARK MEADOWS DR,SUITE BOo ENGINEERING COUNTY LONE TREEC08p12q WATER AIN FISIMAN PROJECT MANAGER MICHELLE FALGEPARTMENT - (]20}344-55P BIAIN DNGRAM MICHELLE FALLOUT-COUNTY ENGINEER 135EMONT XRO BEAUMONT PEARL STREET, 3TH701 FLOOR MATTHEW (630)-]43-3634 e09)7850T%]]]0] BEAUM58584TEXAS]]]Oi TRACI MONROE p20}891-63]4 (409)-085-3001 (409)$35-8584 RAILROADS: TEXAS DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACTOR ELSE RAILWAY BEAUMONT DISTRICT ENGINEER 2560 LOU MENK DR CHAD BORNE,P.E. 8 NOBLE RESOURCES CORPORATION FORT WORTH,TX]6131 8350 EASTEX FWY 7102 NORTH 30TH ST. (800)-]95-26]3 BEAUMONT,TEXAS]]]OB TAMPA,FL 33510 (409)$92-7311 (813}241-6968 UNION PACIFIC RAILROAD 1400 DOUGLAS ST OMAHA,NE 68179 (402)-5"5000 OR (888)-870-8771 DATE:9124121 DESIGN'.MM DRAFTED:MM CHECKED: UNDO SCALE 1:50 Unit1 INneoM�>»� IMMANWEILER +if1fCOM CONSUVING,INC. �5� SHEET___6__.OF _.25. ROUTE _.._....... GL.N1RAI C.O�Sl, [J07IOIN NOTFS EXGRANGE.....__....._..... sERNCE AREA MAP.REFERENCE GENERAL NOTES: CONSTflDCT ON NOTES' 9OMPAN1 GENERAL NOTES SHALL APPLY HE ALL DRAWINGS. PROTECT BEAUMONT LATERAL E e m sSCHEDULEAS(I..v6E DR esv/cW/EMn, MANUFACTURED SHUT 1. ALL CONDUIT Mu B ALL HAW TO RE DONE AM FRE ON SHUT BID/GAP. UNLESS WEDDED OTHERWISE µ x0uas pRlpt r0 CONSTRUCTION 1HFNE CAunan MWxO DOOR Opnc GABLE cnaanrvc IaPF£lc. 9 z CONTRACTOR IS RESPONSIBLE FOR TEAMS ALL UnunEs -M CTO T LWr dHG PENALTIES ro ME CONTRACTOR WILL RESJJLr Fliox sERNCE INRTINpnW DUE r0 cw1RALRIRA 1-BW-2 MAY TE%A5 AcnMm sEc. PECURCENDWORK J. ALLCHI WI NAY N REWIRED AND SHALL COMPLY A MINIMUM CAR GAR S. PER, 2. All MFM nT FE PEAERNMEO IN OFFSETAGENC UNIT,OR E R ME AppUCABIE OWES WV REW IFFMEHIS Ci ♦. ALL BURIED LONWIT/CART£ MLL BE PLACID Pi♦B' AME WVER PER, µSE REVS OF S ME ON MENTAL AGENCY, TURF pi RE BTANDOF-WAY- ME RAIL 5. MEDIPNIpLE SUBJECT STALL O REWIRED M'1TNE A 18'MINIMUM COVER IS qNG. J. OF OTHER OF SOME ON MEM Y NOT TAB FEATURES RJOs WERE W HN OR DEPICTED FPCM OAIEO PMR0A0 VALUATION SPARS UNOBTAINABLE SUBJECT T)APPROVAL ESXHAIE BEER ROT1mWFR0M AVAILAB hPECW05 ANO FlAmNGS� 6. ALL 90 DECREE BENDS IN CONDUIT LL BEEOAF MINIMUM W RADIUS UNLESS rA%' SPECIFIED OTHERWISE. uC SENDS SHALL REWIRE DATE RENSION BY UX SAMPLING NECESSARILY E%ACi THEREFORE UTutt LOCAnDNS ALL BE VER Flm AT LEAST„W VLF£ ADVANCED r UNLESS WE HOED OMERWISEE ♦ OF NOTTTRENWING OR PLOMIXC m THAT CHANCES X E ACE AW NCR OPERATORS PERSONNEL TY BE CONTACTED BY ME CONTRACTOR 5 AMA r 5. ALL MEAN WEST W MXCS. ANY µD ALL OMEAS .11N1 OAM PRIM M,CONSTRODUCI STiUCP015 ME SHOWN W9£PLA¢NEHi CAN B ] mr r®ac♦ewr m AN EHCWNRgm ARE ALSO THE RESPDXSBUTY OF ME CONTRACTOR TO LOCATE PRORCi, µp REPAIR. IF NT STATED ADJUST IS SPAS M AS-BU Ii INTEGRATION,W,MFAERFE SOME VARIANCE SIWN B D ACED _ ANTICIPATED an Cu TEENXxEEnm. MY AND AUDRAINAGE DMES OSWARNuwNTS.SHRUBS, THEM.OF MASS AND.PLC.IF DAMAGER 9VLL BE RESTORED ro EQ'E c WEY ARE MUM EDAM To ERE TM OF CONDUIT AUE MGINAL OR BETIFA CW " BE FEE UNLESS APPROVED AN TO EAR. DNSTPLL CMOUrt ALL EXCAVATORS STALL BE 2 NOT INTENDED TYPES REQUEEM HEREIN(M: FLOW.ATO ARE SUGGESTIONS WILY AND ME OF ME L CATION ATMSgO aEMREMENISE CONTRACTOR BE ER, &L AS TO GULEPTMS. DEFECATED OFME LOCATION OF ALL VnUTY CROSSING IS WE SUBCONTRACTORS ALL 1FHDm 5 TSYATELLCWXTY, k LOpL REGULATORY A¢XGES IN[WOIXG BUi TUTES MUSTT BE'MST PITTED'. uOITRA rT OSHA,COMPLY CO TAC APPLICABLEFOR RE SPONSHEINTRYHAND DIG WHERE CARS IF ADVArcCE OF CONSTNCnM A - - - 9. BHC CONTRACTOR snnu canTAcr ME ADJACENT PROPERTY oWFAs A wxlMuu CF♦e HOURS BI ADvnnCE TEXAS NAME ununES r 1 fiOD DIc TEES Cf CMSTPLOCOS AT ME WHEN ATE. 13,IT IS MEREWGN9BRRY OF iXE CONM R TO LOCATED 10.ALL TRAFFIC GENTR0.LEADER STALL BE IN PLACE BEFORE NCR% IS STARTED, DENCES NO LONGER I6.XMFlAI FlBpNWr, CORRESPONDENCE. MAT ALL MATE LOW SLOCATORS REWIRED 910LL BE REMOVED AS SOW AS P05901E. ASE MEAN COORDINATED DO XA1E ALL 1%OOi MAFFI LW 11 PERESMIµ�TRAFFIC AREA OR S MUST BE MAINTAINED AT ALL PINES. PEDESTRIANS MAY XBr BE RESULTED ONTO ENDNEUGHTWENY CONDUIT CAPS MLL m P4t40 ON ALL VACANT DUCTS PRINArt PR OR MATERIALS STALL BE SRWED M PERMITTED T1 STAND UNPROTECTED WHERE MATE IS ♦'ON RUES CABLE MLL BE ADHERED i0 2 ANXTAINEDEry µtt 17 OIXsiPWTM TENSION 5 ALL NOT E%CEEO BBE PWN05. I].NO EWIPMEXT M MATERIALS STALL BE sTCRm W ROAD SURFACE DURING NON-AMPKING PERIWS. THE CONTTRAB TOR HATIL HE RESPONSIBLE PERTHE PFMOVK AND STORAGE OF ALL o NUJI ONM MAN ME PA AT µSE TIME. .DISTUR ARON CF ME CONSTRUCTION AREA RI ORIGINAL ON RETIES COXpnOF STALL BE M V 5 MM OIATELY STALL BE STCPBm PWPYmFROMSME PANES ROMWAY. ALL WILLED MATERIAL ALL BE 19 .� RESPMSIBIUTY 6 THE WX1RACipi. 16.EXISTING SIGHS, MUNHATCOR,W ARDRAL5,MAKERS,EDMEES, SH FEXLLS WN%S STEPS ETC. MAT 20.NLµACE 6'Of J/DV CRUSTED SOCK IN THE BOTTOM OF ME MIT PRIM N PLACING MEER E DISTURBER BY s CONSTRUCTION s A BE PERFORMED TO MDR OPogXPL SCRATCH OF 21 ALWAYS HMO 1l0 INCMMIX 2' TO ME SATISFACTION GF ME INSPECTING HAONEFR,PROPERTY CAME.STY, CWXTY,STATE µ0/NW µY 21 PLACE A MO INS A 4AIXN EALxER. BAHOXIXE/MANXO£. OTHER AGENCY DAMNS AD SIGNS JURISDIOnW. 23.EXCAVATE W E THE O PREKNT PONT DAMAGE. III ).IAM CWN15,x5LLATE ROAD SIGNS MINNIS HOT BE MAJORED MITTEN SCHAN ARE PEWDARDSMIPEm Ipi NI iOR ANY WE%CPVP OXEIC THIS AREA 24 COYSIFUCTWT MATERIALS ANDAREAS µE NOT PERMITTED MMIX 25 BUFFER ZWE ill ALL MOM BE PEP ACCORDANCE AM METgT'.xCOUNTY. STATE SGEORGATONs AND OFF N£RANCS.CHECKS,AND STREAMA ME5. E CURB AND D NRBm MMWT PIMP APPROVAL, 9.ALLNPERSOX SAMO FLw IDARID ON STATE R - - R E FIGHT MP�R IS NECE55A Y 10 SCHEME µr PORTION OF ME CURB AND WTEM IT DATE:9124121 30.ALL SURFACE ANN 9JBWRFACE RESIORATW IS METRO CENT UNDISTURBED AREAS. 36 5 N UP REPLACED SEAM TO READ IN A HANDLING CON gWSATOX ADJACENT B ME CORMACTCR(S)Is RESPONSIBLE EM AX IS PNO GUTIFA. PERMIT MGM TMFE OF AIPISDICSEnr`IS REWIRED. I DESIGN:MM 2 UW AFTEE M PROTETLITIE COATING WRING AvnnON OF DEMWTW ME STY CF JURSNCTON AND ME ry MET.DLL WORN MLL AWARE WwENENTs ORM E LATEST nOOT VTUTY DRAFTED:MM 22.ON ALL WON ASSOCIATEDunu MLL BE UM Or%MESS ME RESIDENT ADMIXISTRATM FOR MOT MUsr BE PLY N ALL ORAANGS. CHECKED: CHATIFTED AT LEAST 48 HR9 BEFORE STMTNG WORK 29.A MINIMUM DEPTH OF♦B ON APPLY IS REWIRED AT ALL GVFR,GREEK, PND/M CROSENC. 23.CMDEACTM IS RESPONSIBLE FISH ALL COMPACTING AND SEDIMENT CONTROL RECALAT W S paOC'. • THESE PLANS MEET ON EXCEED TROUT ROAD µD BRIDGE siµDPROS AND SPECIDCPTOIS. SCALE: 150 •• PO Hµ0HEFES ARE TO BE PLACED AMIN UITOWNES A. i u� -- - -- -- - W:.:• Unit jkMANWEILER J TELECOM CONSULTING,INC. maim miWs OF. SLEET_...1.__OE......21. SYMHOIS RFY AGG,E _.... _ EXOPANGE PROP TRENCH FIBER • ELECTRICAL UTILITY FEATURE Q FIBER SYMBOL srn VICE AREA PROP BORE PEER O GAS UTILITY FEATURE DQ EXIST FIBER SPLICE N.AP.REFEREyc[_......._.. H PROP FIBER SPLICE COMPANY PROP PLOW FIBER • SANITARY UTILITY FEATURE 100' EXIST FIBER STORAGE PROJECT BEAUMONT LATERAL EXIST CABLE • STORMWATER UTILITY FEATURE FF. - - - tOD PROP FIBER STORAGE sE5 PROPOSED AERIAL • WATER UTILITY FEATURE ---- T. CURB MH EXIST MANHOLE RNC. • RECLAIMED WATER UTILITY FEATURE Mfl PROP MANHOLETAX EDP ® DATE REWSLFn er COMMUNICATIONS UTILITY FEATURE HH EXIST HANDHOLE plan v — - - - - CENTERLINE ®PROPERTY LINE TRAFFIC CONTROL UTILITY FEATURE PROP HANDHOLE -- -- o" -- � RIGHT-OF-WAY FIRE HYDRANT ® BORE PIT EASEMENT 8 BUS STOPS ^ LT} AAA RAMPS EXISTING UTILITY HH O FENCE a PARKING METER --flh PROP GROUND RODoo [ R/R TRACKS DUMPSTER 1p S S S — S SANITARY SEWER © RED TRAFFIC SIGNAL Al" MARKER 0 D D D STORM SEWER MAILBOX I STEEL PILING E E E — E POWER ® POWER/PHONE POLE x CULVERT EXIST GUY O MONUMENT - C C -c L COMMUNICATIONSG G G G GAS �r EXIST S/W ANCH (XX'X" MR) PROPOSED MAKE—READY DATE:9124121 v — v v — v WATER >< EXIST FIBER SPLICE O FIBER SYMBOL DESIGN:MM XX' DRAFTED:MM X �x/x � EXIST FIBER STORAGE 3.— PROP GUY CHECKED: IRR IRR — IRR PER IRRIGATION C/</ GNDG'. TRAFFIC CONTROL *� SIGNAL POLE ` PROP S/W ANCH SCALE: 150 EXISTING STRAND 'tLi—y.. R/R CROSSING SIGNAL N PROP FIBER SPLICE .. ��'�' •o --- -- -- -- -- ------ STRAND 1 SIGN %== PROP FIBER STORAGE EXISTING AERIAL � INLET cooENGINEERIN ccomPArvv: GUARDRAIL VEGETATION STREET CAR POLE e MANWEILEECOM RLxc.INC, ® POTHOLE UTILITY CROSSING POINT ANA PARK wan o SHEET 8 OF 21 ................................... DIRECTIONAL BME MOORE._.___........._.._. EXGMANC£....._.............. TYPICA. TR-_ ttPiCA--R 2 IYPICAI. Ti-2P CPICAL R-b BEEPACE AREA MAP REFERENCE —€&SY" xu4(81 R VWI` E,�Sho EE5[ -td,£C` xd3�m° W, B . .1oA FAILri111E rYYNN a YRix` PROJELi BEAIIMONi LATERAL uu F u l BINJ'LI�wPL� evPTOUCH JWILrE A 1 J�1 oMvc[r.('i �9 �+.[W`T UTTITT KATE RENSION BY MR A MA A. mu EELwx.c M FILL.111. L.o BLUEx�EAK ELL U m AT RACK w� A oC IF,rucYAI pRE BEEF RACK FIIL MUST MErom YSCAL R 3P YPICAL DB-1_ TFPiCAL JB-R IYPIFAL CB R .UCH TO RORE ROADAW DIRCCTIONAL 60RE ROADWAY ,x2�t6'4 ,� -EPAI FES JELL DN Y `T..° UP �.1 x e/x- -yw M, _ dA< 5 6 6 FOP niu 8 UT AFE'BE .a wrtew PACO wn MI FILL[.w.Eu ACT UP -,CA n- ep vw- T-CAL 09_2 FICA DP P-w nn Cur n[x DATE'.912012t F " R , B" 1—PACE --I DESIGN.EW OPEC xn LEE TO, v. xJ. LISP [:I NL. HED'.nnM C T CHECKECKED'. O OD �tayx BE Aiti _ ur SCALE: 1:50 .nrtx ti[` cz+ ? m uN � �...7 .,LL N HART �. Unit1 JE II ROCK REE wlOW on A ACT PC .x�IR I� ��wRxN en AM ,�NE.�� t MANWEILER "TELECOM CONSUL➢N6,IN<. RAW II.'A. 2.5 x 5' x 2.5' HANDHOLF DFTAi`V SHEET-- 9 °F 2 DRUM _. DETAIL'A' DETAIL__ A-I" LETA'c. A-P' _. '• EXCPANCE EXPLODED 601AEFbC :EIAIL LOCK DOWN D_vCE fNOACED LOCK _. _ _.... OW4 DF ICE SEPNCE RPEP p� p A ' MAP DEFERENCE °s E OFELINE NEITS�G WM/S lei uLwAO� Is \ 11111 AN TWO _I@ ;F 15LI Wwnd GOMPPNT . x 'LIT x x x PPOJECr BEAVMONT LATERAL —iL ME REd 1 0 Nav Lvnwi sFc. s rvh ui Da ) �� s VE SEE, V AEPT Tvm. LOCK NC DEVICE W HITIs, f ISO O�— I n CROSS STUCK D TA "A-3' (EiBATE REN90N BY ai it ��_ e COVER HELD OWN dU6KEl ./>em v ENENN—ER J N AT� OF 2 PIECE RPM COVER I FILL 22 I_ " Lh E �a nz sHis I caw nr x �., l,,F11In DFTAII. 'P" 0 5 ve Is PION VEJ! HE Ali "F-4" oAU ` [Or?OM i (toe 50 IA TOrAL D4AINi LPPCR SAM A "- NS➢ IA ION °' $wM"i mi wn"E 1.I'sIxNT (ttP. AT o PLACES) -aru w'A " f v aver a Na 1 i ' _x ILI n FIF N. .cc,, SCHE1 ' 1so ED REA — --- �1�s,vvanr x a\vys eF wER LEE - DHTE'9124121 DESIGN DIM DEAL "C" o_InL "o' DRAFTED SIX XCAXAPON HE NOT WAS VFW vew CHECKED_ INSIDE CONING OJT DNGC. -.. . 4SCALE: 1:50 v HE o ::�:: Uniti ARE, IJI—ILL 7 - - 1 IxO COMVNJP LEV -- LITER INAll. xrvM _ PREXFEE,IF RENTER � � � fi B1111:a�F WtMANWEIIER L vxeueoti Es, -/ 1 1�� wi RXL, y rsM �W srM JIfIFEOM COH5Yl11NG,INt. 'ESE'FERAMW {qMW NN%Nf ME WS AS . - 1 . _ [IX WA NfAfIf WIFlW.pM MWAWmY MO u urst 111 wa o L_ raves - 2' x 3' x 2' PANDI]OLE DETA LS SLEET__.1U.....ae__-21 NONTE EXCHANGE SEANCE AREA................. MAP REFERENCE JOHNNY LOCK COMPANY NON SKID BOLToowN (2x) suREACE PROJECT BEAUMONT LATERAL NEC L FT PIN - - - (2%) RING __.. BATE REMSOM BY it mr.gym awwr x: uu BEAM EMS POLYMER _.......... CONCRETE CBKR FLOATING NOT W/CLEAN OUT HOLE (2X) (FIELD REPLACEABLE) 26 1/4' 38 1/8" 12" LONG (8 HOLE) Y CABLE RACKS § 4" 1 EACH SIDE (2X) ,T 24" 4.. DATE.9/2421 DESIGN OUR DRAFTED'.AM LIFTING BOLT CHECKED'. CvVQc: 2 EACH 51DE SCALE: 1'.50 WALL 5 1/2" X 14' GOUSEHOLE X 5 I ;: Unit i MOUSEHOLE 1 EACH SIDE (2x) y� 2 EACH END (4x)� ENGINEERING COMPANY OTE. - " ry OPEN BASE 8 /2 11 BOX AND COVER ASSEMBLY MEET ArtMANWEILER AND/SCTE A TIER 15 LOADING 'TELECOM CONSUlTIN6,INC. CUFF eo-)CO 00124 SHEET 11 OF 21 ROUTE E%W ANCE SEAYiCE AREA MAP,REFERENCE HANDHOLE INSTALLATION TYPICAL COMPANY PROJECT BEAUMONT LATERAL kW. SEC. _........ 1NN. RNG.._....... DATE: RENSICN BY cFOV t£'EL� REPLACED EXISTING EXIST 3' COMPACTOR RAIND `.. COMPACTED TRACER WIRE MIN BERNELL - 12' 1/2" OALVM'IZED WIRE MESN/� $_ PAY B r--Muu AT mFM.'TE DATE:9124121 I, SERSTABI '.MM /B' GROUND ROD ERARAK xCimuc STALLxn SHALL 1.ASu�¢[m¢�Em DESIGN irwTu rvwv R DRAFTED:MM �1 PUIL sox IIAXONOQ .AS.xwma u Muva TO CHECKED'. `1J xoi to suLL RETER wmR ENTRY OA/DC6 RATES ET S MST BE SURBASETSU : wm�nc m,TuwTY YERA D o TcsTw uc AT Eo un SCALE: 1'.50 Un It SNUIEllGID.LOUPA $�MAER �.IEIFCOM CONWEIL NSULIM6,INC. HAODHOLE STACK STOTAGE TETAILS SHEET 12._ _.U, _ 21 A.. _.............._.... VCHANGE SEANCE AREA............_... MAP NEFERENCE COMPANY.................._.. PROJECT BEAUMONT LATERAL DETAIL 'A" }TA L CABLE SAC( AP9ANG_MLNI -A�NBHP_E lAYOJI SEC. RNG. . X. eL[avp a DATE RE NSION BY yRp A---,- I WPDIRECDON - cIILgA e I Ill�_d_�k�dd d HII� — �— wsD vurt a gg - wo ne[_llol se00 B—B III—Ist�.11RIIIINI INA DATE erzmv p�ry mM RAE DESIGN:MM < u DFU\FTED:MM uec enn,xE-pl �w-e v5exm CHECKED Dn/DO' SCALE: 1 50 Uniti ' ENGINEERING OOMPANY, "TEIfCO MANM CONSIIWEF DIN4.INC. AS RACK mRC'--R CABLE GROUND.NG INS'ALLAION DETAILS SHEET to ar.. _zi, (hO S-A K- R CONTRACTOR IN10D( SPECIES ESHEN _........... SEENCE AREA )FTA_ "A' REICH 'B" DETAIL "B I" MAP.DIFFERENCE PLAN v SO INS:AFFECTION ;ETA_ C-LOK CROCND ROD COMPANY INSTALLATON RL'T<) PROJECT BEAUMONT LATERAL G— co, T ONE, 1aENALMANTEN RATE SHNSI Rr �.xo o� \ NPul Imo owe PC w HER wP.Woo.. .rom -_ sw xxsS IN x RI n II SEMBLY DETAIL "P 2 DETAII "B-5' _....... C-i OS CONNFCTOR HIRT RARP 'ROUND Nf. (INCLDINC S'JR BAST) ITOT FIR O nxf— 0 AI T a f 5 a Syt I FEAR, NO 11 IRE N ARFTSIS �LINE FRO'SCON PT OF M EN �H L NO, IT- ,ILLICE ITT, A HER NPRE LIED o HPR PA, TR 'CFO axB o HFIFT a INO ERwEN 6R'� � � � DATE:9124121 .Lm V DESIGN TOM - - DRAFTED ARM CHECKED P SCALE: 150 STILL PAT'NE PLLQAIC�63X ��� 1 POP FIRE PD- ELL U �i xRM, Ell HANCS�uLNAllFLEMISHABCRICH. Or ERA c U MM rlitl STRAFOR H[i wrt 6SUPtt to •IxG COMPANY. OF T%I.ElL�,CA.1jEL p THE PRO ITS OUR .EN TM'ABC - i MANWENER Tit ,4TWIIR-I SEAT IF DUCT LINE n, M BAL +.TELECOM CONNIIING,NOIAUlU"OF�F FIRM AT nxi µlo of ti sillNuwTo[PASSEL LINE Wilt THE xornnax m-„µF„SPL[E rvSSLER NR Nam w I REHAB,THE 0.rtmi CHMAP OF qR MEµp ED SPLICE NOTE FOR es/xu xDnEi' x ON P° __ _. o- SAC TYFICAI_ AERAL CONSTRUCTION DETCLS sHEET -114---AN -2'1 FEE CAL DEAL "A" HIT CAL THALC' ROOM _ PCIF ARRANGLAAENT FOR MCAL DETAIL "2' HELICAL CABLE & HARSWARE EXCHANGE ALRIAL-0 BLRIED — NSTA VTION -POLE ARRAN.EMFNT FOR REPEA EN REESE" AREA OR FANDHO.E L rA N iH MAP PEEEPENCE l WIDE p �° v COMPANY P \ PROJECT BEAUMONT LATERAL AIDE 7 1CO TOMJI xppOR SEEPIN AT FENN . LHE t / -� x R%ronoDPW orpLxp M RNO. _ �. 'THE ti" TAX tOnp j T I h DEPTH OR ALTO xx. STEP.NA' ON GATE PENSION BY a u mAAT S7A� 'D' .� ipp,� SUSPENSION STRAND TIP,JIL I9wARD .. TI1 _ _ IcnL a uL "F' PC F - LESS II'AN 5 FEET IPICAI ARRANGEMENT 0- USE SO PLYIN � - r,n wuiw TOP IBAL BETA IL "C' CAB E AEFI-R AND CABIE GUIDE / SJSPENSON STRAND - PJLL 414AP uaWe_ s FROM POLE E I LLl OF 'ACRE ups AmpE �cpe¢ _ st IOrIN RE I IF FEET —IT Jp Jd ¢svmeuOx IT'S ASHIR /.TG L / a E�uT° 0-1 _ xuuws un_ 3 I.Fa --EwRJT S' J - TLECAL SETA_ "0' I'll,sos.0 w° Ell lv'ICAI Di AIL "P _ _ DATE'.91242t ,OWING 045 [RATING & DI GJYNC WIRE _ DESRGNCMM k2' DRAFTED:MMVSHIAG NIRL GRIE AND CHECKED_ TYPICAL DF=A_H IT SCALE: L50 YOU NO N RE MR HINNI—TNI DENY ANY"MY IN-11.11 11 FORM THE HIRING WEL xxp THE SHE OF ROME ..IN CHERI I PIT .M BETWEEN THE AROUN Unit) p AmNO° V 1 �'^ s p HE Lx0 IF FL c FED swp om >+p 5 1 \ p NL — CEMENT. \� �, MANWEILER ONE Lxo ew:m / p 5.W t OT ': TELECOM CONSULTING,INC. 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DNOC: SCLOT- ALE: L50 r c Uniti —m - '--' E GI FER NG LOMPNJT. n' o" + + + + + + + + + + + + + mhno-5xi°.ss xs Iw G BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: October 12,2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Interlocal Agreement (ILA) with Jefferson County Drainage District No. 6 (DD6) to waive permit fees. BACKGROUND The City of Beaumont and DD6 agree to waive permit fees benefiting the citizens of Beaumont and Jefferson County. The City agrees to waive permit fees for any future drainage related improvements that DD6 may perform on City property, rights-of-way or easements. DD6 agrees to waive permit fees for any future City infrastructure improvements that the City may perform while on DD6 property, rights-of-way or easements. The agreement shall remain in effect for four(4)years. Either Party may terminate the agreement by providing written notice to the non-terminating Party's agent of contact within thirty (30) days prior to the date of termination. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement between the City of Beaumont and Jefferson County Drainage District No. 6 (DD6)for the purpose of waiving permit fees for any future drainage related improvements that DD6 may perform on City property, rights-of-way or easements and future City infrastructure improvements that the City may perform while on DD6 property, rights-of- way or easements The Interlocal 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 12th day of October, 2021. - Mayor Robin Mouton - INTERLOCAL AGREEMENT FOR WAIVER OF PERMIT FEES Between JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 and THE CITY OF 13EAUMONT STATE OF TEXAS § COUNTY OF JEFFERSON § This Agreement between the Jefferson County Drainage District No. 6, a special district of the State of Texas (hereinafter called "DISTRICT") and the City of Beaumont, a home rule city of the State of Texas (hereinafter called "CITY"). Both entities (the "Parties") are authorized to enter into interlocal agreements in accordance with Title 7 of the Government Code of the State of Texas, Section 791.001 et seq. WHEREAS, the Parties have determined that waiving permit fees for projects benefiting the citizens of Beaumont and Jefferson County, Texas are in the public's best interest. WHEREAS, the Parties acknowledge this Agreement is needed to outline the specific fees intended to be waived. THEREFORE, upon the mutual covenants, conditions, and promises contained herein, the Parties agree as follows: Page I EXHIBIT "A" WITNE88ETH 1. `Drainage Related Improvements' for the purpose of this Agreement shall mean additions, modifications or maintenance, including but not limited to, storm sewers, drainage systems, drainage structures, spillways, catch basins, gates, detention basins, ALERT stations or drainage patterns intended to address safety issues, increase or improve flow capacity, or improve the water quality. 2. "Infrastructure Improvements° for the purpose of this Agreement shall mean additions, modifications or maintenance, including but not limited to, water, sewer, roadway, traffic control, and flood sensor projects intended to address safety issues, increase or improve flow capacity, roadway capacity, or improve the water quality. 3. The CITY agrees to waive permit fees for any future drainage related improvements that the DISTRICT may perform on CITY property, rights-of-way or easements. 4. The DISTRICT agrees to waive permit fees for any future CITY infrastructure improvements that the CITY may perform while on DISTRICT property, rights-of-way or easements. 5. The CITY and the DISTRICT will not waive permit fees for the construction of any building structures that do not pertain to the sole purpose of drainage. 6. This Agreement shall remain in effect for four (4) years. Either Party may terminate this Agreement by providing written notice to the non-terminating Party's agent of contact within thirty (30) days prior to the date of termination. Notice shall be provided to the following: DD61City Interlocal Agreement Waiver of Permit Fees Page 2 of 4 To the City: City of Beaumont Kyle Hayes, City Manager P.O. Box 3827 Beaumont, Texas 77704 Telephone: 409-880-3725 Email: kvle.haves(abeaumonttexas.eov To the District: Jefferson County Drainage District No. 6 Dr. Joseph G. Majdalani, PE, CFM, General Manager 6550 Walden Road Beaumont, Texas 77707 Telephone: 409-842-1818 Email: imaidalani(add6.or¢ 7. This Agreement is not intended to create ajoint venture between the Parties and represents the entirety of the Agreement between the Parties. Any amendments to this Agreement must be in writing and attached hereto. Both Parties agree that they have legal authority to enter into this Agreement and commit to the terms herein. The Parties hereby agree to be bound by the terms herein. JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 WITNESS OUR HANDS effective this day of , 2021. Joshua W. Allen, Sr. President, Board of Directors Jefferson County Drainage District No. 6 ATTEST: By: Printed Name: Title: DD6/City Interlocal Agreement Waiver of Permit Fees Page 3 of 4 CITY OF BEAUMONT WITNESS OUR HANDS effective this day of , 2021. Kyle Hayes City Manager City of Beaumont ATTEST: By: Printed Name: Title: JM/pk/windword/interlomis DD6/City Interlocal Agreement Waiver of Permit Fees Page 4 of 4 H BEAUM© NT TEXAS TO: City Council 1 FROM: Kyle Hayes, City Manager /\ PREPARED BY: James P. Singletary, Chief of Police A MEETING DATE: October 12,2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his designee to execute all documents necessary, for a Memorandum of Understanding between the Texas Department of Public Safety and the City of Beaumont Police Department regarding federal motor carrier enforcement and inspections. BACKGROUND Chapter 644 of the Texas Transportation Code empowers the Texas Department of Public Safety to establish rules governing training and certification of police officers,which enable those officers to enforce federal motor carrier standards. Traffic Unit officers of the Beaumont Police Department maintain certification through Texas DPS to enforce these federal regulations. Texas UPS requires completion of this Memorandum of Understanding (MOU), which delineates standards, training, and reporting requirements that our officers and agency must follow. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary, specifically a Memorandum of Understanding, between the City of Beaumont and the Texas Department of Public Safety relating to federal motor carrier enforcement and inspections. The Memorandum of Understanding 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 12th day of October, 2021. - Mayor Robin Mouton - MEMORANDUM OF UNDERSTANDING Between DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS(DPS) -and- BEAUMONT POLICE DEPARTMENT (Allied Agency) I. GENERAL AGREEMENT A. Introduction and Statutory Authority DPS and Allied Agency enter Into this Memorandum of Understanding (MOU) in order to maximize the effective utilization of commercial motor vehicle,driver,and cargo Inspection resources;to avoid duplication of effort, to expand the number of Inspections performed; to advance uniformity of inspections; and to minimize delays in schedules Incurred by the Industry Inherent to this type of enforcement activity. 1. Due to the need for a basic delineation of routine responsibilities for the federal, state, county, and municipal agencies,it Is agreed: • DPS will Inspect vehicles operating over public highways and at carrier terminal facilities. • Allied Agencies must,as a routine practice,confine inspection activities to vehicles operating over public highways and city streets In their Jurisdictions with the exception of municipal police officers certified under Tex.Transp.Code §644.101.These certified municipal police officers may conduct vehicle inspections at carrier terminal facilities. 2. The Federal Motor Carrier Safety Administration (FMCSA) has imposed timeliness and accuracy standards on DP5 regarding Interstate and intrastate motor carrier Information. DPS,In turn,has established timeliness and accuracy standards for Allied Agencies engaged in the inspection of commercial motorvehicles(CMV). 3. Allied Agencies and their authorized inspection representatives (Program Coordinators) must Implement procedures in accordance with the minimum standards in this MOU. 4. In order to advance uniformity In the inspection of CMV and their operators,Allied Agencies must adopt the Commercial Vehicle Safety Alliance's (CVSA) North American Standard Roadside Inspection Procedures and the North American Standard Out-of-Service Criteria as adopted by DPS under the following: • Tex.Transp.Code Ch.644,located at http://www.statutes.legis.state.tx.us/; • 37 Tex. Admin, Code Chapter 4,Subchapter 8; 37 Tex,Admin. Code Chapter 16, Subchapter A;and 37 Tex.Admin.Code Chapter 21 located at http://www.sos,texas.gov/tac/index.shtml; and • The most current version of the CMV Enforcement Guidance Documents provided by DPS to the Allied Agencies: MOB Allied Agencies MCSAP MOU Template Page 1 of 8 EXHIBIT "A" CV5A Levels of Inspection o Level 1 North American Standard o Level II Walk-a-round Inspection o Level 111 Driver-Only Inspection o Level IV Special Inspection o Level VVehlcie-Only Inspection (Terminal) The State of Texas has an Inspection quality agreement with the FMCSA In its Commercial Vehicle Safety Plan. Inspections found to be non-compliant with this policy may be nullified by the LIPS Motor Carrier Bureau(MCB)from the carrier's safety profile and from the inspector's certification record by the authority of the Assistant Division Director of the DPS Texas Highway Patrol(THP)or that person's designee. If amendments to 37 Tex.Admin.Code Chapter 4,Subchapter B require amending this MOU,DPS will do so within a reasonable period of time.The date of any amendment under this paragraph will not affect the renewal date described in Section IV,unless otherwise Indicated by DPS. U. DPS RESPONSIBILITIES DPS will: A. Train, retrain (as necessary or desirable), test, and certify Allied Agency inspectors as per the agreement between DPS and the CVSA. B. Approve inspection forms for all inspections conducted in conformance with this MOU. C. Approve vehicle and driver out-of-service stickers. D. Supply CVSA decals on a cost-recovery basis to Allied Agencies. E. Supply software necessary for the data entry of all inspection Information,on a cost recovery basis to Allied Agencies. F. Supply Allied Agencies with inspection data,upon request. G. Forward challenges of data in Inspections or crash reports to Allied Agencies for their inspections. H. Conduct random in-person observation of Inspections conducted by Allied Agency In order to ensure Allied Agency's inspectors maintain practical proficiency in the program. III. ALLIED AGENCY RESPONSIBILITIES A. Certification Testing Allied Agency must: 1. Enroll its commissioned, full-time officers who have not met the minimum certification requirements for enforcement of Tex.Transp.Code Ch.644 In training programs required by 37 Tex. Admin. Code § 4.13(b) prior to using these officers as Inspectors for commercial vehicle enforcement.Allied Agency must reimburse DPS for costs associated with any training provided by DPS under 37 Tex.Admin.Code§4.13(b)(5). MCB Allied Agencies MCSAP MOU Template Page 2 of 8 2. Implement a program to ensure Its officers perform the required number of Inspections annually, as specified In 37 Tex. Admin, Code 4 4.13(c), and successfully complete the required annual certification training to maintain certification.To further program goals and achieve the highest quality In Inspections, Allied Agency must ensure Its officers conduct more than the minimum number of Inspections required annually to maintain certification and that Inspections are evenly distributed throughout the year to maintain enforcement continuity. 3. Immediately suspend from performing CVSA enforcement and Inspections, any officer who fails to maintain certification or who fails to perform the required number of Inspections following CVSA's North American Standard Uniform Inspection Procedures and the North American Standard Out-of-Servlce Criteria guidelines. 4. Send a representative to the annual MCSAP meeting held by DPS to ensure familiarity with all updated policies and procedures. B. Policies and Guidelines Allied Agency must: 1. Conduct inspections only by using CVSA-certified officers. 2. Only conduct Inspections on-duty. No Inspections may be performed at any time far the specific purpose of benefitting a carrier's safety profile whether on-site or off-site(such as a roadside or at an inspection facility). Compensation for Inspections of any kind by other entities (including carriers and carrier employees)Is prohibited. 3. Not use inspection as a pretext to search commercial vehicles. 4. Ensure traffic stops performed on a commercial vehicle are made by either a CVSA certified Inspector or by a peace officer using probable cause or reasonable suspicion guidelines. An absence of these requisites will be cause for inspection report Invalidation and a program participation review. 5. Use the most current forms approved by DPS during the inspection process. Forms and software may not be altered without the prior,written approval of DPS. 6. Ensure that CVSA-certified Inspectors have adequate tools and resources to conduct queries Into motorcarrler registration and operating authoritywhile conducting roadside inspections, 7. Perform Level 1,IV,and V Inspections requiring undercarriage inspection and brake measurements utilizing an inspection pit or with a referring officer for safety. 8. Perform only Level V terminal inspections on motor coaches for certification purposes except for unusual circumstances (such as post-crash Investigations). All other inspections must be conducted roadside. Level I, II, IV and V motor coach Inspections must only be performed by Passenger Vehicle Inspection certified Inspectors. 9. Forward Inspection data electronically to DPS within ten calendar days following the date of inspection for processing and final compliance using the most recent version of reporting software. 10, Forward crash reports involving commercial motor vehicles to Texas Department of Transportation(TxDOT)no later than ten calendar days after the date of the crash Investigation. 11. Allow DPS to conduct random In-person observation of Inspections conducted by Allied Agency in order to ensure that Allied Agencys Inspectors maintain practical proficiency In the program. MCB Allied Agencies MCSAP MOD Template Page 3 of 8 12. Not use its certification to enforce federal safety regulations as a primary method to generate program revenue through enforcement penalties,or to enhance criminal Interdiction activities. 13. Not allow officers certified to enforce federal safety regulations to participate in secondary employment activities that present a conflict of Interest related to their commercial vehicle enforcement duties.This prohibition Includes Allied Agency officers trained by DPS that are no longer assigned to commercial vehicle enforcement units but remain employed by the Allied Agency. 14. Require all defects disclosed during the inspection process to be corrected. 15. Adopt the Recommended Out-of-Service Criteria and other defect repair verification procedures as developed by CVSA. 16. Honor CVSA Inspection decals affixed to those vehicles by all authorized agencies, CVSA decals will be affixed to vehicles which pass the Level I or V CVSA inspection with no disqualifying violations under the North American Standard Roadside Inspection Procedures and the North American Standard Out-of-Service Criteria. 17. Maintain the official copy of all reports of Inspections conducted by Its CVSA certified Inspectors for the current calendar year, plus two additional years. The official copy may be in paper or retrievable electronic form, and it must bear the signature of the commercial motor vehicles driver involved in the Inspection.A copy must be provided to DPS upon DPS's request. 18. Conduct mock inspections and safety presentations as requested by the carrier and as approved bysupewlsors.Allied Agency may conduct safety presentations that include a mock(walk-around) Inspection,but no documented inspection may be performed as part of a walk-around or safety presentation. 19. Note circumstances in the inspection report when more than two citations are issued during an Inspection. An Important aspect of the MCSAP is consistency in the Inspection process and uniform enforcement.While It Is recognized that uniform enforcement may Include the Issuance of a citation bythe inspecting officer,it is also recognized that there may be exceptional occasions when the issuance of multiple citations may be warranted. 20. Document all violations(citations and warnings)discovered on the Inspection report as violations, Including violations of local ordinances, All CMV contacts must be recorded on the inspection report. 21. Investigate and determine whether a correction to data needs to be made when data In an Inspection or crash report is challenged. Allied Agency must notify the motor carrier and DPS in writing of the results of the Investigation within ten calendar days.If a correction is necessary,the Allied Agency must make the correction and forward the corrected reports to DPS Immediately. Retaliatory actions against motor carriers who file data challenges are strictly prohibited 22. Must notify DPS in writing ten calendar days any time an officer's certification status changes(is certified,suspended,or decertified for different types of inspections,or transfers out of the CVSA inspection program).A cumulative list of officers whose status has changed must be sent to DP5 by January 31 of each year. 23. Must comply with the annual fiscal requirements mandated by TRC 644.102 in reporting the total amount of fines collected, actual enforcement program expenses and the remittance of mandated funds to the Texas Comptroller of Public Accounts. MCB Allied Agencies MCSAP MOU Template Page 4 of 8 IV. TERMINATION OF CERTIFICATION "` UNLESS RENEWED,THIS MOU WILL EXPIRE ON AUGUST 1,2023.'*' A. Renewal of this MOU To prevent a loss of authority to conduct CVSA Inspections,please mail or FAX your renewal request to the Department no more than 60 nor less than 30 days prior to the expiration of this MOU.If the renewal has not been executed by the Allied Agency before the MOU expiration date, certified officers must cease performing all CVSA Inspections,until the renewal has been fully executed. B. Decertification 1. DPS may decertify Allied Agency,or individual officers conducting Inspections for Allied Agency, for failure to demonstrate practical proficiency in the program during random in-person observations by DPS,or by audits of inspections submitted. 2. DPS may decertify Allied Agency,or Individual officers conducting Inspections for Allied Agency, for using the certification as a primary method of generating program revenue or enhancing criminal interdiction activities. 3. DPS may decertify Allied Agency,or Individual officers conducting Inspections for Allied Agency,if officers to engage in secondary employment activities that present a conflict of interest with their commercial vehicle enforcement duties. 4. DPS may decertify Allied Agency,or individual officers conducting inspections for Allied Agency, for failure to comply with the provisions of the MOU,training,officer certification,or data-sharing requirements,Including the requirement that Allied Agency reimburse DPS for training expenses and the requirement that Allied Agency forward information and respond to requests in a timely manner,or any other provisions of 37 Tex.Admin.Code§§4.13 and 4.14.Reimbursement can be made by check or money order,payable to the Department of Public Safety of the State of Texas. 5. DPS may::decertify.Allied :Agency for fallure to comply with the annual fiscal requirements mandated by Tex. Transp..Code §644.102.Allied Agency must properly report fines collected, actual expenses,and the amount of remittance sent to the State of Texas's Comptroller of Public Accounts, MCB Allied Agencies MCSAP MOU Template Page 5 of 8 C. Termination of Certification 1. Termination of certification,whether by decertification, request of Allied Agency,or by failure to renew,will result In the Inability of All led Agency,to retain expenses for any enforcement actions taken after the effective date of the termination of certification. All reporting requirements, Including the list of officers suspended and no longer certified which is normally due by January 31 of each year,Inspection data reports,and crash reports must be provided to DPS immediately upon discontinuation in the certification program. 2. Allied Agency may discontinue certification at any time by notifying DPS Program Coordinator In writing. 3. The CVSA and Federal Motor Carrier Safety Administration require officers to complete a minimum number of inspections annually In order for officers to renew their certifications.The purpose of this requirement is to ensure officers achieve and maintain practical proficiency In inspecting commercial motor vehicles, Therefore, DPS will decertify Allied Agency,or Individual officers conducting Inspections for Allied Agency, for failure to report any inspections to DPS within a six month period or for failure to evenly space the required number of inspections throughout the year. 4. Any Termination of Cartlfication terminates Allied Agency's authority to enforce federal safety regulations under Texas Transp.Code Ch.644, and Allied Agency's ellglbllity for reimbursement of expenses from penalties assessed. DPS will notify the program coordinator for Allied Agency and the Comptroller of Public Accounts in writing of any Termination of Certificatlon. 5. DPS may Issue a warning to Allied Agency If Allied Agency falls to conduct any inspections within a three month period.DPS may also issue a warning if Allied Agency fails to comply with MOU requirements in such a way that DP5 deems the quality or timeliness of inspection data could be compromised,or certified officers would fail to maintain practical proficiency in the program. Failure to correct the compliance issues within three months,or such other period as DPS may specify,can result In termination of the MOU and decertification of Allied Agency. MCB Allied Agencies MCSAP MOU Template Page 6 of 8 V. PROGRAM COORDINATORS The parties' program coordinators are responsible for all communications and contacts required to manage this MOU. The parties must provide any updates regarding contact information within 30 calendar days. The current program coordinators for this MOU are: Allied Agency: Department: DEPARTMENT OF PUBLIC SAFETY Texas Highway Patrol Motor Carrier Bureau Captain Omar Villarreal Manager Program Coordinator Program Coodinator MCB, P.O. Box 4087 Austin Texas 78773-0522 Address Address (512) 424-2053 Volee Phone Number Voice Phone Number (512) 424-5712 Fax Nomber Fax Number omar.villarreal@dRs.texas.gov E-mall Mdress E-mall Address MCB Allied Agencies MCSAP MOU Template Page 7 of 8 Evidence of Acceptance: Signature d Autivmad Official Political Subdivision Name Title ww MCB Allied Agencies MCSAP MOU Template Page 8 of 8 BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: October 12, 2021 ...11l REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his designee to execute all documents necessary, for a Memorandum of Understanding between the Texas Department of Public Safety and the City of Beaumont Police Department regarding state vehicle weight enforcement inspections. BACKGROUND Title 37 of the Texas Administrative Code, Rule 4.56, requires that law enforcement agencies employing weight enforcement officers must enter into an MOU with Texas UPS prior to conducting weight enforcement. Traffic Unit officers of the Beaumont Police Department maintain certification through Texas UPS to enforce weight laws from Chapter 621 of the Texas Transportation Code. This MOU sets forth the standards, training, and reporting requirements that our agency and officers must follow. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary, specifically a Memorandum of Understanding, between the City of Beaumont and the Texas Department of Public Safety relating to state vehicle weight enforcement inspections. The Memorandum of Understanding 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 12th day of October, 2021. - Mayor Robin Mouton - MEMORANDUM OF UNDERSTANDING Between DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS(DPS) and BEAUMONT POLICE DEPARTMENT(ALLIED AGENCY) 1. General Agreement In accordance with Texas Transportation Code 4 621.402, DPS has established parameters for approved Allied Agencies seeking to enforce Texas Transportation Code Chapter 621, Subchapter F. In order to maximize the uniform enforcement of statute, the parties enter Into this Memorandum of Understanding(MOU)regarding training,approved scale use,annual scale re-calibration standards,violation report requirements,and mandated annual reporting. II. DPS Responsibilities In order to better implement and maintain the standards in this MOU, DPS will: 1. Train, retrain (as necessary or desirable), test, and certify the officers of any qualified Allied Agency. 2. Forward any weight enforcement complaints or challenges to the Issuing Allied Agency. 3. Supply software necessary for the data entry of all Inspection information on a cost recovery basis to Allied Agencies. DPS may conduct random,in-person observation of weight enforcement inspections conducted by an Allied Agency in order to ensure that Allied Agency's officers are adhering to DPS certification standards. III. Allied Agency Responsibilities A. Certification Training Allied Agency must enroll their commissioned,full-time officers in the 40 hour,Basic CVE course conducted at the direction of the DPS Motor Carrier Bureau. A commissioned officer must obtain 80% or better to become certified as a "weight enforcement officer." After initial certification,mandated re-certification training will take place following each leglslative session. Weight enforcement officers must obtain 80% or better to maintain certification. DPS will Immediately suspend any officer who fails to re-certify and Allied Agency must prohibit that officer from conducting or assisting with any weight enforcement activities. Allied Agency may discontinue agency certification at any time by notifying DPS in writing. If a certified officer separates from an Allied Agency, Allied Agency must notify DPS within ten days. Page 1 of 4 EXHIBIT "A" B. Application of Statute and Allied Agency Requirements 1. During the course of duty, an Allied Agency weight enforcement officer must adhere to the "reasonable suspicion" requirements In weighing a commercial motor vehicle as inferred by Transportation Code § 621.402. There must be an articulable reason to detain a vehicle prior to utilizing any type of approved scale to determine actual weight. A fixed location signaling all commercial traffic to enter a weight enforcement site is in direct conflict with this mandate. 2. Allied Agency will only conduct weight inspections while an officer is on-duty. Allied Agency may not perform inspections at any time for the specific purpose of benefitting a carrier,whether onsite or offsite(such as a roadside or at a principal place of business). Compensation for weight Inspections of any kind is prohibited. C. Approved Scales - Allied Agency must purchase and use scales from the approved Scale List found at the following URL: httn://www.dps,texas.goy/cve/Publications/auorovedScaleL!st odf Allied Agency must re-calibrate the approved scales during each calendar year by a certified scale technician or vendor. Allied Agency must retain all individual scale calibration records for the current year plus the two previous years. These records are subject to review during contested judicial proceedings or any DIPS audit. D. Weight Inspection Reports&Upload Allied Agency must purchase hardware and software to conduct weight inspections in order to upload the reports to DIPS.Allied Agency may only issue DIPS authorized weight inspection reports. E. Annual Reporting Requirements Allied Agency must submit an annual report of Its weight enforcement activities for each calendar year to CPS. Allied Agency must send the report to the Motor Carrier Bureau In Austin, Texas by January 31 of each year for the prior year's enforcement activities. The annual reporting requirements under this Section will survive the termination date of this MOU. F. Statutory Financial Reporting and Remittance Requirements Allied Agency must comply with Transportation Code §621.506(g) and report that data to DIPS. This includes: (1) sending the required 50 percent share to the State of Texas's Comptroller of Public Accounts(CPA)if the fine meets the statutory criteria;and(2)only imposing the minimum dollar fine unless the vehicle's weight was determined by a scale given or approved by DPS.CPS will confirm fiscal standing with CPA before renewing an MOU with Allied Agency. Page 2 of 4 IV. Termination of Certification * * * UNLESS RENEWED,THIS MOU WILL EXPIRE ON AUGUST 1 2023 To prevent a loss of authority to conduct weight enforcement Inspections, please email DPS with your renewal request between the 60th and 30th day prior to the expiration of your current MOU. If the Allied Agency does not sign the renewal and mall it In to DP5 before Its current MOU expiration date, certified officers must cease performing all weight enforcement activities, until DPS receives the new fully executed MOU. DPS may issue a warning to Allied Agency If Allied Agency fails to comply with MOU requirements in such a way that DPS deems that the weight enforcement action being taken is contrary to established training and statute.Failure to immediately correct any compliance Issue or comply with the required remittance of assessed fines to the Comptroller of Public Accounts may result in the termination of the established MOU and the decertification of Allied Agency. V. Program Coordinators and Signatory Acceptance Allied Agency's weight enforcement coordinators are responsible for all communications and contacts required to manage this MOU.The coordinators must provide any updates regarding contact Information within 30 calendar days. DPS Program Coordinator: Captain Omar Villarreal THP Motor Carrier Bureau P.O. Box 4087 Austin,Texas 78773-0522 Phone: (512)424-2053 Fax: (512)424-5712 Omar.Villarreai@dps,texas.gov Page 3 of 4 Allied Agency Program Coordinator Allied Agency Authorized Representative Insert name and title here Insert name and title here. Insert address Insert phone,fax,and email Signature of Authorized Representative Date: Page 4 of 4 J BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works& Technology Services MEETING DATE: October 12, 2021 REQUESTED ACTION: Council consider approving the renewal of an annual maintenance agreement with Tyler Technologies of Plano, Texas for software used by Municipal Court. BACKGROUND Tyler Technologies' Incode court software is used by Municipal Court to maintain records for case management software and to process all court transactions including citations, arraignments, warrants,jury management, and payments. This purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to modify and maintain the software. This agreement in the amount of$68,500 is for an annual period beginning October 1, 2021. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to pay an invoice in the amount of$68,500.00 to Tyler Technologies for the renewal of an annual maintenance agreement for Municipal Court Incode software support beginning October 1, 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 12th day of October, 2021. - Mayor Robin Mouton - K BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works and Technology Services MEETING DATE: October 12,2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to renew a contract with Motorola Solutions Inc. for the South East Texas Regional Radio System. BACKGROUND The South East Texas Regional Radio System is used by Police, Fire, EMS and other departments throughout the City for daily communications. The radio system is shared with the counties of Jefferson, Hardin and Orange,the Port of Beaumont, Beaumont and Port Arthur Independent School Districts, Water District No.10, ESDI, ESD3, ESD4, Acadian Ambulance and Lamar University's Police Department. The agreement is exempt from competitive bidding since it is available from only one source having exclusive rights to maintain the radio infrastructure. The maintenance agreement provides for constant monitoring of the radio system including all 911 dispatch centers as well as dispatching of repair personnel with replacement parts when required. Staff recommends renewing the annual Motorola maintenance contract in the amount of $1,085,611.96. The City of Beaumont received approval for 2021 Port Security Grant Program funding that covers 75% of the Motorola Maintenance. The 25% is divided among all agencies by the number of radios each agency has on the system. The City of Beaumont's portion of the Motorola maintenance is $67,456.32 after all participating agencies reimburse the City for their share. FUNDING SOURCE 2021 Port Security Grant Program. Capital Reserve 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 approve a payment in the amount of $1,085,611.96 to Motorola Solutions, Inc., of Chicago, Illinois, a sole source provider, for an annual Service Agreement for support of the shared 800 MHz radio system; and, BE IT FURTHER RESOLVED THAT, as the grant recipient, the City is responsible for paying the entirety of the Motorola maintenance contract in the amount of $1,085,611.96 with reimbursement to be made by the participating entities of their portions of the match; and, BE IT ALSO RESOLVED THAT the Service Agreement is effective September 1, 2021 and will terminate August 31, 2022. Said Service 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 12th day of October, 2021. - Mayor Robin Mouton - ® MOTOROLA SOLUTIONS SERVICE AGREEMENT 500 W Monroe Street Quote Number : QUOTE-1478238 Chicago, It. 60661 Contract Number: USC000005054 (888) 325-9336 Contract Modifier: R04-SEP-2021 Date: 05/28/2021 Company Name: BEAUMONT, CITY OF Required P.O. Customer#: 1013010533 Attn: Bill to Tag#: Billing Address: 1001 PEARL ST Contract Start Date : 01-Sep-2021 Contract End Date : 31-Aug-2022 City, Stale, Zip: BEAUMONT,TX, 77701 Anniversary Day: Aug 31s1 Customer Contact: Terry LaFleur Payment Cycle : IMMEDIATE PO#: Phone: 409-785-3022 Qty Service Name Service Description Extended Amt SVCO2SVCO201A ASTRO SUA II TO IMPLEMENTATION SERVICES $39,933,56 SVCO2SVC0344A RELEASE IMPLEMENTATION TRAINING $7,98989 SVCO2SVC0343A RELEASE IMPACT TRAINING $2,65909 SVC04SVC0169A SYSTEM UPGRADE AGREEMENT II $29346741 SVCO2SVC0433A ASTRO SUA II FIELD IMPLEMENTATN SVC $37 370.14 LSVOl SO1109A ASTRO SYSTEM ADVANCED PLUS PACKAGE $704,19187 Subtotal-Recurring Ser,ceii $90,467.6 $1,085,611.9 Subtotal-One-Time Event Service $001 $0.0 Total $90,467.6q $1,085,611.9 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE,TO BE VERIFIED BY MOTOROLA SPECIAL INSTRUCTIONS: 2021-2022 Support Renewal I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions,a copy of which is attached to this Service Agreement, is incorporated herein by this reference. AUTHORIZED CUSTOMER SIGNATURE TITLE DATE CUSTOMER (PRINT NAME) EXHIBIT "A" ® MOTOROLA SOLUTIONS SERVICE AGREEMENT 500 W Monroe Street Quote Number : QUOTE-1478238 Chicago, IL.60661 Contract Number: USC000005054 (888)325-9336 Contract Modifier: R04-SEP-2021 e--f5` Services Director 6/15/2021 MOTOROLA PRESE ATIVE(SIGNATURE) TITLE DATE Wayne Wahlgren MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Company Name : BEAUMONT, CITY OF Contract Number: USC000005054 Contract Modifier: R04-SEP-2021 Contract Start Date : 01-Sep-2021 Contract End Date : 31-Aug-2022 ® MOTOAOLASOLUTIONS SERVICE AGREEMENT 500 W Monroe Street Quote Number : QUOTE-1478238 Chicago, IL. 60661 Contract Number: USC000005054 (888)325-9336 Contract Modifier: R04-SEP-2021 Service Terms and Conditions Motorola Solutions Inc('Motorola')and the customer ram ul in use Agreement('Customer)hereby agree as follows: Section 1.APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either(1)maintenance,support,or other services under a Motorola Service Agreement,or(2)installation services under a Molorola Installation Agreement. Section 2.DEFINITIONS AND INTERPRETATION 2.1 'Agreement'means these Maintenance Service Terms and Conditions;the cover page for the Service Agreement or the Installation Agreement,as applicable;and any other attachments,all&which are incorporaletl herein by this reference. In interpreting this Agreement and resolving any ambiguities, have Maintenance Service Toms and Conditions take precedence over any cover page,and the cover page lakes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2 'Equipment'means the equipment that is spedfied in the attachments or is subsequently added to this Agreement. 2.3 'Services'means those installation,maintenance,support,training,and other services described in this Agreement. Section 3.ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions anti agrees to pay the prices set forth in the Agreement. This Agreement becomes badirg only when accepted in writing by Motorola. The tarts of this Agreement begins on the'Start Dale'indicated in this Agreement. Section 4.SCOPE OF SERVICES 4.1 Motorola will provide the Services descnbed in nie Agreement or in a more detailed statement of worir or other document attached to this Agreement. At Customer's request,Motorola may also provide additional services at Motorola's then-applicable rates for the services. 4.2 If Motorda is providing Services for Equipment,Motorola pads or pads of equal quality will nd used;the Equipment will be serviced at levels set forth in the manufacturer's product manuals;and routine service procedures that are prescribed by Motorola will be folkwmd 4.3 If Customer purchases from Motorola additional equipment that becomes part&the same system as the initial Equipment,the additional equipment may be added to this Agreement and will he billed nt the applicable mass after the warranty for that additional equipment expires. 4.4 All Equipment must be in good workirg order on the Start Date or when additional equipment Is added to the Agreement. Upon reasonable request by Motorola,Customer will provide a complete senal and model number list of the Equipment. Customer must promptly ready Motorola in writing when any Equipment is lost,damaged,stolen or taken out of service. Customer's obligation fo pay Service fees for this Equipment will terminate at the and&the month in which Motorola receives Me written notice. 4.5 Customer most specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6 If Equipment cannot,in Motorola's reasonable opinion,be properly or economically serviced for any reason,Motorola may modify the scope of Services related to that Equipment;remove that Equipment from the Agreement;or increase the price to Service that Equipment. 4.7 Customer must promptly ready Motorola of any Equipment failure. Motorola will respond to Customers notification in a manner consistent with the level of Service purchased as indicated in this. SeNon S.E)(CLUDED SERVICES 5.1 Service excludes the repair or replacement of Equipment that has become detective or damaged from use in other Nan the normal,customary, intended,end authorized manner;use not in compliance win applicable industry standards;excessive wear ant tear;or accident,liquids,Power surges, neglect,acts of God or other force majeum events. 5.2 Unless specifically included in this Agreement,Service excludes items that are consumed in vie normal operation d tee Equipment,such as batteries or magnetic tapes.;upgrading or repmgrammirg Equipment;accessories,bell clips,h mery chargers,custom m special Products,modified units,or software;and repair or maintenance of any transmission line,antenna,microwave equipment,former or tower lighting,duplexer,combiner,or multicoupler. Motorola has rio obligations for any transmission medium,such as telephone lures,computer networks,vie Internet or the woridwde web,or for Equipment malfunction caused by vie transmission medium. ® MOTOROLA SOLUTIONS SERVICE AGREEMENT 500 W Monroe Street quote Number : QUOTE-1478238 Chicago, IL. 60661 Contract Number: USC000005054 (888)325-9336 Contract Modifier: R04-SEP-2021 Section fi.TIME AND PLACE OF SERWCE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's bcation,Customer will provide Motorola,at no Charge,a non-hazardous work environment with adequate shatter,heat,light,and Power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to Me hardware and sofware elements of any system with which the Equipment is Interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement,me hours of Serves,will the 8:30 a.m.to 4:30 p.m.,local time,excluding weekends and holidays. Unless otheniise stated in this Agreement,the price for the Services exclude any charges or expanses associated with helicopter or other unusual access requirements:if these charges or expenses are reasonably incurred by Motorola in rendering the Services.Customer agrees to reimburse Motorola for those changes and expenses. SecOon T.CUSTOMER CONTACT Customer will provide Motorola with designated points of Contact(list of names and phone numbers)that will be available Wrenty-four(24)houre per day, seven(7)days Per week,and an escalation procedure to enable Customer's personnel to maintain contact,as needed,with Motorola. Seplion B.INVOICING AND PAYMENT SA Customer affirms that a purchase order or notice to proceed is not required for the duration of this Service Concept and will appropriate funds each year through the contract end date.Unless alternative payment terms are stated in this Agreement,Motorola will Invoice Customer in advance far each payment period.All other charges will be billed monthly,and Customer must pay each invoice in U.S.dollars within twenty(20)days of the Invoice date 8.2 Customer will reimburse Motorola for all property taxes,sales and use taxes,excise taxes,and other taxes or assessments that am levied as a result of Services Ordered under this Agreement(except income,profit,and franchise taxes of Motorola)by any governmental entity.The Customer will pay all invoices as received from Motorola.At the time of execution of this Agreement,the Customer will provide all necessary reference Information to include on Invoices for payment in accordance with this Agreement. 8.3 For multi-year service agreements,at the end of the first year of the Agreement and each year thereafter a CPI percentage change Calculation shall be performed using the U.S.Department of Labor,Consumer Price Index,all Items,Unadjusted Urban Areas(CPI-U). Should the annual inflation rate increase greater than 3%during the previous year,Motorola shall have the right to increase all future maintenance prices by the CPI increase amount exceeding 3%. All items,not seasonally adjusted shall be used as the measure of CPI for this price adjustment.Measurement will take place once the annual average for the new year has been posted by the Bureau of Labor Statistics.For purposes of illustration,if in year 5 the CPI reponed an increase of 8%.Motorola may increase the Year 6 price by 5%(8%-3%base) . Section B.WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a Period of ninety(N)days lam Ore date the performance of me Services are Completed. In me event of a breach of this warranty,Customer's sole remedy is to require Motorola to re-perform the con-conforming Service or to refund,on a pro-reta basis,the fees paid far the con-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES.EXPRESS OR IMPLIED,INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Secfien 10.DEFAULTRERMINATION 10.1 If either party defaults in me pmrfomxMde of this Agreement,the other Party will give to me non-performing party a written and detailed notice of the defau8. The non-Performing party will have thirty(30)days thereafter to provide a written plan to cure the defal that is acceptable to the other party and begin implemenfing me Cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure glen,then the injured party,in addition to any other rights available to it under law,may immediately terminate this Agreement efective upon giving a written notice of tabormation to me defeating party, 10.2 My tormanatbn of this Agreement will rot relieve either party of obligations previously incurred pursuant 0 this Agreement.Including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will became due antl"Ohio immediately upon termination of this Agreement. Upon me effective date of to rmination,Motorola will have no further obligation to provide Services. 10.3 If the Customer terminates this Agreement before me end of the Tem.for any reason other than Motorola delauh,men the Customer will pay to Motorola an early termination fee equal to the discount applied to the last three(3)years of Service payments for the orginal Term. Section 11.LIMITATION OF LIABILITY Except for personal injury or death,Motorola's total liability,whether for breach of contract,warranty,naglgence,strict liability in tort,or omerwiee,will be limited!to me direct damages recoverable under law,but not to exceed me price of Leave(12)months of Service provided under this Agreement. 0 MOTOROLA SOLUTIONS SERVICE AGREEMENT 500 W Monroe Street Quote Number : QUOTE-1478238 Chicago, IL. 60661 Contract Number: USC000005054 (888) 325-9336 Contract Modifier: R04-SEP-2021 ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES,THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS',INCONVENIENCE',LOSS OF USE,TIME,DATA,GOOD WILL,REVENUES.PROFITS OR SAVINGS',OR OTHER SPECIAL, INCIDENTAL,INDIRECT,OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one(I I year after the accrual of the cause of action,except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12.EXCLUSIVE TERMS AND CONDITIONS 12.1 This Agreement supersedes all prior and concurrent agreements and understandings between the parties,whether written or oral,related to the Services,and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of bath panics. 122 Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement,however,an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement,or other writings unless'.the purchase order,acknowledgement,or other writing specifically refers to this Agreement,clearly indicate the intention of both parties to moride and modify this Agreement:and the purchase order,acknowledgement,or other writing is signed by authorized representatives of both parties. Section 13.PROPRIETARY INFORMATION;CONFIDENTIALITY;INTELLECTUAL PROPERTY RIGHTS 13.1 Any information or data in the form of specifications,drawings,reprints,technical information or otherwise furnished to Customer under this Agreement will remain Motorola s property,will be deemed proprietary,will be kept confidential,and will be promptly returned at Motorola's request. Customer may not disclose,without Motorola's written permission or as required by law,any confidential information or data to any person,or use confidential information or data for any purpose other than performing its obligations under this Agreement The obligations set forth in this Section survive the expiration or termination of this Agreement. 132 Unless otherwise agreed in writing,no commercial or technical Information disclosed in any manner or at any time by Customer to Motarola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information,including cost and pricing data. 13.3 This Agreement does not grant directly or by implication estoppel,or otherwise,any ownership right or license under any Motorola patent copyright, trade secret,or other intellectual property,including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14.FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state,or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees Is an agent or representative of Customer in any governmental matters. Section 15.COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two(2)years thereafter.Customer will not hire,engage on contract,solicit the employment of,or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law,it will be modified as necessary to conform to applicable law. Section 16.MATERIALS,TOOLS AND EQUIPMENT All tools,equipment,dies,gauges,models,drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control,be liable for any loss or damage to this property,and return it to Motorola upon request. This property will be held by Customer for Motorola s use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17.GENERAL TERMS 17.1 If any court renders any portion of this Agreement unenforceable,the remaining terms will continue In full farce and effect. 172 This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are ifterifiromed. 173 Failure to exercise any right will not operate as a waiver of that right,power,or privilege. ® MOTOROLA SOLUTIONS SERVICE AGREEMENT 500 W Monroe Street Quote Number : QUOTE-1478238 Chicago, IL. 60661 Contract Number: USC000005054 (888)325-9336 Contract Modifier: R04-SEP-2021 174 Neither party is liable for delays or lack of performance resulting from any causes that are beyond that p ay's reasonable control,such as strikes, material shortages,or acts of God. 17.5 Motorola may subcontract any of the work,but subomrecting will not relieve Motorola of its duties under this Agreement. 176 Except as provided herein,neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Pary,which consent will not be unreasonably withheld. Any attempted assignment,delegation,or transfer without the necessary consent will be void. Notwithstanding the foregoing,Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer In addition,in the event Motorola separates one or more of its businesses(each a"Separated Business"),whether byway of a sale, establishment of a joint venture,spin-0ff or otherwise(each a"Separation Event"),Motorola may,without the prior written consent of the other Party and at no additional cost to Motorola,assign this Agreement such that it will continue to benefit the Separated Business and its affiliates(and Motorola and its affiliates,to the extent applicable)following the Separation Event. 177 THIS AGREEMENT WILL RENEW,FOR AN ADDITIONAL ONE(1)YEAR TERM,ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY(30)DAYS OF THAT ANNIVERSARY DATE. At the anniversary,date,Motorola may adjust the price of the Services to reflect its current rates. 178 If Motorola provides Services after the termination or expiration of this Agreement,the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola then effective hourly rates. 179 This Agreement may be executed in one or more counterparts,all of which shall be considered pad of the Agreement.The parties may execute this Agreement In writing,or by electronic signature,and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity,enforceability and admissibility. In addition,an electronic signature,a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. Revised June 16,2018 L BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works& Technology Services MEETING DATE: October 12, 2021 REQUESTED ACTION: Council consider a resolution approving a contract for the emergency cleaning of four alum storage tanks located at the Pine Street Water Production Plant BACKGROUND The Pine Street Water Production Plant was experiencing chemical feed issues in the piping used for alum resulting in limiting the plant's ability to treat water. On June 1, 2021, City personnel determined that the sediment causing the blockages in the piping originated from the four(4)alum storage tanks. To remedy the problem,the sediment had to be cleaned from the tanks. Delaying the cleaning of the alum tanks would only increase the feed issues and pose a potential threat of having to shut down the feed system and halt part of the water treatment process. The City reached out to several vendors for a quote to clean the four(4) alum storage tanks and properly dispose of the sediment. Only one vendor, Clean-Co Systems, Inc.,responded with a time and materials quote. Once Clean-Co arrived and began cleaning the first tank, they discovered significantly more sediment and sludge than originally anticipated, resulting in increased effort to remove the sludge and much more material requiring disposal. Due to the urgency of the work needed and based on the review of the supplied quotes, Water Utilities staff recommends awarding the project to Clean-Co Systems, Inc. in the amount of$63,535.00 FUNDING SOURCE Capital Program. 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 approve emergency work that was done by Clean-Co Systems, Inc., of Channelview, Texas, in the amount of $63,535.00, to clean four (4) alum storage tanks located at the Pine Street Water Production Plant and properly dispose of the sediment. 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 12th day of October, 2021. - Mayor Robin Mouton - BEAUM© NT M TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: October 12, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 3 to the contract with Solid Bridge Construction, LLC for the Cattail Marsh Wetlands Repair Project. BACKGROUND On February 9, 2021, by Resolution No. 21-033, City Council awarded a contract to Solid Bridge Construction, LLC, of Huntsville, in the amount of$953,415.45 for the Cattail Marsh Wetlands Repair Project. Previous Change Order Nos. 1-2, in the amount of($57,438.43), are attached for your review. Proposed Change Order No. 3, in the amount of$36,000.00, is required to provide for additional limestone base material to be placed on the existing levee roads within Cattail Marsh. A total of sixty-six (66) working days will be added to the contract for the additional work and inclement weather days. The contract includes a Miscellaneous Improvements Allowance of$100,000.00. If approved, Change Order No. 3 will be deducted from the Miscellaneous Improvements Allowance resulting in no change to the current contract amount of$895,977.02. This project provides for the repairs of damages at Cattail Marsh caused by flooding from Tropical Storm Harvey. The Federal Emergency Management Agency (FEMA) has obligated the majority of the funds for the repair and mitigation work, with the balance paid by the City's Harvey Fund. The work in proposed Change Order No. 3 is outside of the FEMA approved scope as it is not Harvey related, but necessary to make additional repairs to the levee roads. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-200 WHEREAS, on February 9, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-033 awarding a contract in the amount of $953,415.45 to Solid Bridge Construction, LLC, of Huntsville, Texas, for the Cattail Marsh Wetlands Repair Project; and, WHEREAS, on July 13, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-158 authorizing the City Manager to execute Change Order No. 1, in the amount of ($79,338.36), to account for two (2) additional damaged locations; and, to allow for an alternate repair to two (2) areas where the interior slop of the levee is still intact and the repairs will not be as extensive, thereby decreasing the total contract amount to $874,077.09; and, WHEREAS, Change Order No. 2, in the amount of $21,899.93, is necessary to provide an alternate repair for three (3) locations where the existing levee road is in good condition, thereby increasing the total contract amount to $895,977.02; 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 $21,899.93 for the additional work described above, thereby increasing the total contract amount to $895,977.02 for the Cattail Marsh Wetlands Repair Project. 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WHEREAS, on February 9, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-033 awarding a contract in the amount of$953,415.45 to Solid Bridge Construction, LLC, of Huntsville, Texas, for the Cattail Marsh Wetlands Repair Project; and, WHEREAS, on July 13, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-158 authorizing the City Manager to execute Change Order No. 1, in the amount of($79,338.36), to account for two (2) additional damaged locations; and, to allow for an alternate repair to two (2) areas where the interior slop of the levee is still intact and the repairs will not be as extensive, thereby decreasing the total contract amount to $874,077.09; and, WHEREAS, on August 24, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-200 authorizing the City Manager to execute Change Order No. 1, in the amount of $21,899.93, to provide an alternate repair for three (3) locations where the existing levee road is in good condition, thereby increasing the total contract amount to $895,977.02; and, WHEREAS, a Miscellaneous Improvements allowance, in the amount of $100,000.00, was included in the above noted contract; and, WHEREAS, Change Order No. 3, in the amount of $36,000.00, is necessary to provide for additional limestone base material to be placed on the existing levee roads within Cattail Marsh, thereby decreasing the total Miscellaneous Improvements allowance to $64,000.00 and having no effect on the total contract amount of$895,977.02; 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. 3, in the amount of $36,000.00 for the additional work described above, thereby decreasing the total Miscellaneous Improvement allowance to $64,000.00 and having no effect on the total contract amount of$895,977.02 for the Cattail Marsh Wetlands Repair Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2021. - Mayor Robin Mouton - N BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: October 12,2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 4, accept maintenance, and authorize final payment to Barricades Unlimited for the Citywide Pavement Markings-Phase I Project. BACKGROUND On April 6, 2021, by Resolution No. 21-089, City Council awarded a contract to Barricades Unlimited, of Lubbock, in the amount of$202,084.95, for the Citywide Pavement Markings— Phase I Project. Previous Change Order Nos. 1-3, in the amount of$4,901.39, are attached for your review. Proposed Change Order No. 4, in the amount of($8,406.36), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of$198,579.98. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order No. 4,maintenance, and final payment in the amount of$23,133.11 is recommended. FUNDING SOURCE Capital Program— Street Rehabilitation Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-089 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipmentfor the Citywide Pavement Markings —Phase 1 Project; and, WHEREAS, Barricades Unlimited, of Lubbock, Texas, submitted a bid in the amount of$202,084.95; and, WHEREAS, the City Council is of the opinion that the bid submitted by Barricades Unlimited, of Lubbock, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to Barricades Unlimited, of Lubbock, Texas, in the amount of$202,084.95, for the Citywide Pavement Markings — Phase I Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Barricades Unlimited, of Lubbock, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of April, 2021. 09** M or Becky Ames- CITY OF BEAUMONT DA ; sq¢Ynr.lwl m.1LLtlxrzACfTMaryAYw: aRO1PLf: mmw[rAvuwrcr MARuxcs.rwv[s awrrtu cProveuuMoxr womonM.vmsRR[cuvrzD: e W MR: MRRla PNLnmvD xaw mxrz crnww clunc oNaaxo:um.J.Nu }p q V q>rz0 C W IOY rz R P4xt MY/OR Y[CmIATOPF.V[R<OP Y1DE: nA T^�m;r a uEs:MJ au rmea OY OM WyNnl 'N' Wtllwl:l .' 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ALcvrzn Rr: 9/u/ -al PRsrer: /.r !L1tis� 4/ZBZ� MtlICADef MHNaI® Dnrz nur mlm rz w:LDw�DVDn[R AIWLNYILWRB.LL..L t8 MIRNRTCOMW[ WY[ plr pOlXPp pIMC100.0INOJCNORNH ..Im l8L1pWYGYQRViL6 APNOY®RY: ATIRfm BY: mssuvv,an MAN.VGBR onrz PmneRouss.sRs,arzaesuL wn CITY OF BEAUMONT DAR JYS n•MI OYIDMLLCMIRAR TLLp)ATik M IYOQCI: CRSWmiTATT6YI WTYWti-nLUtf owr®: arcov vwDuoNr Tart n cwnvncron: m.TAGUTa DMIMRD ®Ama o®TNmf com%AcrTay. n ifD:TOYAVP4 CWOQA Ti)fY6A%O/02 VdCV1UilO1RYi6mS WR lwb:YDv:..YypYYeWr.vLeal.tluaYrfslsYeaNe®haWr owye� PY >W WmO MF D:vyO� OemY TO'TALAMODNT OPT®.4 C9ANGLORDOI: fea T{nJ01DQ D1T IS9IDOSD M TE COtR1C1'TlY R T®f iL�Di O®R 00EpAL CORf11ARAMODXI: S IPL0IAI NR PIOM TRTVfOl6CMNGT OPDOIE: S 19J1]9 TOSALANODIlI OP THn Q.VYE[OAIIR S TRCQtf OSf03 CHAN060YUR 0.OM TOTAGtQRNTCNAHC[ORDYITODAIi 2u% N[W CG'nYARAMODM: f lmefeaf CONDITION OT[91NC6: Y tlewIMFUE.OerlrtlfsemummeNYV:vM0.mwvM6VN01b44 C1mP0Av:Pm®mYa�gmWmrW maw.aan0mrmao(aerrrtgw.empvM1.mrmo-ewemcr.a.v.ri{eYs�mwgemiuo.n wane W p..mm rra.we..Amm:.owu..:.®c.®mw�m.®o.mr�..mmcrawwe...r�m�W rme... emrN WmeNmY®vtbr Cmuq MOtl Cdafms�ID�tlw W tl{hbOef.aalYmmOb6sn Matllsk DpopslyvdLL' !N.{ Trnnf eAxucAon own coif r� DAn noADwAV DL414NQ N[VQWm�'� p 7-27- 7- AMAUA veuweuAy Ts, DTix eAxnco wn mvnvcmm nmscron ovvuectc woNtu AxDT�uaTacreTxveva Arrxovm m: ( 1 L A n: t � .�1maa� `) a�• al NYL[HAVId•CIIYN.W.Ual DAn Tn1ADRO0tl1M•CrtTCf.TWL MR 7-z1- zl CTTY OF BEAUMONT +.q s.vv omcv.s.cvrtRAcrTav vw m rwver: aRvwvs ewvsamrrnwmvas-rmAess oxtvsr: arrorunmrorcr ADorsw.urD¢rspovsm: m consRncroe >,uumvmammm aAnRs oRDvixo,s comucrmv: a Ta rouovaa Dawmms v ra rsamr.smsoa orasusmRa ea m1m ssAsox mairDu.exerR.+erm._. .r..rma-m.aw®nw oro TOTAL A oO op TES C9AN omm- nA. un eu emm ro sm omrtmsvr Tl.6 n rm uuu o®s o[I@ CO AMOONf: s m].g1.9S NR P30M lRIR1om006 C9AY0[OMDIE: f 4401�9 iMALANOVNR WIBIi®.WC60]D@ 6 remesxrorTsm�Anosomsx aoaa rorAs.vvcvm®Ama omosxTD nnn: sux rrew coxrmwcrAmom+r; s mutax •r®.®.s:a.W.rm>mwr Wm�m.®.vs:er®e�.:am.:ro.mmemamcrs•o�rnm�:mo my.:m u..0 m.vramaoma,emvcRre.a..:ea®mmwvm rmm.wmarmr®uvwper:asr:r..mse®wos..momrm m®ro.orwm Nmu.m:ma.c.®.u.rm.cm.rr.m..a..oatlmmm..mm:®wo,.w aa.wxxpynsma.a� ACGOI®rR: r11Q !Y: 7AP2+ 69 ZI suwc.nra ma�j own cosh nwTs �� 11OMWA DWQiR AmAuwR:y...—•;rs wrc aadw�l- -7-13-7-1DAn OTYRXOQQ'�. nR[C19➢.ORRIIp.IC WOPR ANOttC1Q10LOCY6GVICRB AIIROVm IY: A tV: Q c�J)1Uwog , IS-- ; / KYIY9AYf4QIYM VAORR DAn IIPw ROIRG4U.pTl'Q.p1K A. \ ) ! Q 11 12)� | ! . e � e , /� \ / §) ■ § § < ) / �� � , | , � # • , | RR§ B §;, NE /R` .§j; / |, gGdq Gj\ am. §( Qgp Q§ § 2 / j | au! m \ \ § 9. § ` i CITY OF BEAUMONT ESTIMATE rypSELT; CTSYOFREAUMOMOFYWIOE VPVFMEM MRRPINGS-VMSEI AWRRDEDWWM AMOUM: $2D2,0R0.95 VERCEM OF TIME USED: 300.00% CON)MCIOR; BRmR vtS UNUmff D MNTR DATE: M,11,3021 VERCEMOFWORR COMVIETED: 100.00% MONMLYFiTe W-FINE CURREWCONTMRAMOUM: $399,579.98 RRgD MmING: f[1-31,NR1 mEMRCA"M.: [ITEM ORDERS: Me RI" CAlUNIT 0.TY5"T. e] REM CDESCODE DESCRIPTION UNIT EBTOry. PREVEUS TO DATE TOTAL ESTIMATE UNf) TOTAL MEASURE ESTDMTE ESTIMATE TO DATE PRILE AMOUNT NO. CODE _ f 5 sWm 5 sa faf M N:wmnlMf[W vtao sfq eRNWneFS,vaMRTRuacwlRNiw x fu z s wm s f.mm •MR of wGlsm My WM wiGD.O s;m fLm Sun f Eu 3 fusu •w NW nvRYIUm WIND rlcNsl auv LRWo xRFRR f % 5 42Nm Mmt MNwrvf MTlw MxlRal S•KUU N N N f Nm f s.m •Me o% nvmlzW MMlsal S'IGD.fI fASze n.w M,Sa f ou s .nux Ewnv fmMRIOW nlco.0 f,.a ;Ffo fAa 5 e.sss S cs35f.W •w fRa ml wrvvNMPmMrtllml rlco.0 4n5 Ftm 4ns f ... s s�m •eM Rom nsFMDw MLIINm rIGD.0 ar Ssx $ za $ of sWx nvNAUm MRIISWI vY Ic0.0 AE Sus Sus u $ z.m 5 Gms.m wrvf MISm RNO WoI sr lco.vl uF vm Do $ro f fNm nIMDW MIl1MD1 N'Ic0.I ;M f.NE ].N$ $ i90 S ]LW1i0 •NR nn RERwns MlsmMMmoi %'IG0.4 m 5 zuo 5 svwm Fuwwnc Ml .$Brow x m s fls[D 5 syem.m NR]Rewtt[IM gLRRMSM 0 z f ssxaF 5 4SNm k$ Wm new wan s f snw 5 zcr%m ncM1 RRWE Se 5 mcW 5 ]{rtm ttclm %'YE:DTIYN3:5 Sx f M.N 5 LWLm GMNDTOTALAMOUWOFWORPDONE: $ 198,5n." PRFPAPFO By: A /A\I/1/•A / 1/zLI/ZO2� lns 5%Wb1n : $ COl Np ON,P FSUB�AOWWIFR UMSPREW $ 198,5]9.98 PFVIEWEO BY: If58 FREVHlU58AY F5TI5MTF: $ 1)5,CW9) I1P$ALM P. FHWXFF0. Oef p AMWMDUF THIS ESIFMATE: $ 23,133.31 MPPOVED Br: /—Z T- Z� M 1T 0%R DI0.FArw OF C WORPSANDTEC%NUIOCff SEW M 7 Eiy UM II EPRE F ATNE DRm I WM+wM .SwNnMDReSx.ew. b fwMS.MNYMfMA gxNMevM ywlMennY. 1 ofi RESOLUTION NO. WHEREAS, on April 6, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-089 awarding a contract in the amount of $202,084.95 to Barricades Unlimited, of Lubbock, Texas, for the Citywide Pavement Markings-Phase I Project; and, WHEREAS, on May 12, 2021, the City Manager executed Change Order No. 1, in the amount of $4,901.39, to make changes to the original contract bid items per request from the contractor, thereby increasing the total contract amount to $206,986.34; and, WHEREAS, on July 13, 2021, the City Manager executed Change Order No. 2, in the amount of $0.00, to add twenty (20) calendar days to the project due to inclement weather and city crew coordination conflicts, thereby having no effect in the total contract amount of$206,986.34; and, WHEREAS, on July 27, 2021, the City Manager executed Change Order No. 3, in the amount of $0.00, to add seven (7) calendar days to the project due to inclement weather and additional coordination due to unforeseen site conflicts, thereby having no effect in the total contract amount of$206,986.34; and, WHEREAS, Change Order No. 4, in the amount of ($8,406.36), is necessary to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, thereby decreasing the total contract amount to $198,579.98; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; 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. 4, in the amount of ($8,406.36), to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, thereby decreasing the total contract amount to $198,579.98, and, BE IT FURTHER RESOLVED THAT the Citywide Pavement Markings-Phase I Project be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $23,133.11 to Barricades Unlimited, of Lubbock, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2021. - Mayor Robin Mouton - 0 BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works and Technology Services MEETING DATE: October 12, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to sign a Memorandum of Understanding with the Area Agency on Aging related to the 2-1-1 Area Information Center. BACKGROUND The Area Agency on Aging, which is a division of the Southeast Texas Regional Planning Commission(SETRPC), operates the 2-1-1 Area Information Center. 2-1-1 is a confidential and free helpline that provides referral and information services to individuals seeking information on social services, health and human services, and financial services. The MOU provides that any calls Beaumont 3-1-1 receives that can be handled by 2-1-1 will be directed to 2-1-1, and any calls that 2-1-1 receives that can be handled by 3-1-1 will be sent to Beaumont 3-1-1. This MOU is reviewed on an annual basis. There are no changes from last year's agreement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Memorandum of Understanding between the City of Beaumont and the Area Agency on Aging relating to the 211 Area Information Center and Beaumont 311. The Memorandum of Understanding 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 12th day of October, 2021. - Mayor Robin Mouton - Memorandum of Understanding between Area Agency on Aging of Southeast Texas 2-1-1 Area Information Center of Southeast Texas and City of Beaumont 3-1-1 Helpline This Memorandum of Understanding is between the Area Agency on Aging of Southeast Texas, 2-1-1 Area Information Center of Southeast Texas, and the City of Beaumont 3-1-1 Helpline. The purpose of this understanding is to ensure a cooperative working agreement and exchange of information between 2-1-1 Area Information Center of Southeast Texas and City of Beaumont 3-1-1 Helpline. This understanding provides that both agencies will cooperate and mutually support each other to the extent necessary to ensure that all Southeast Texas citizens have access to Information and Referral (I&R) resources and non-emergency services and information. AAASET 2-1-1 Area Information Center of Southeast Texas agrees to: Maintain an accurate, organized system of regional health and human service resources in a centralized database for Hardin, Jefferson, and Orange counties. Maintain a centralized, well-staffed 2-1-1 Texas Area Information Center, which operates during normal business hours, 8:OOa.m. -5:00p.m., Monday through Friday. Twenty- four hour coverage is provided by routing after-hour, weekend, and holiday calls to the United Way of Greater Houston 2-1-1 Area Information Center. Follow pre-established protocols to direct any non-emergency City of Beaumont related calls to Beaumont 3-1-1 as quickly as possible. If the individual is able to hang up and dial 3-1-1, they will be directed to do so. However, if they are unable to hang up and dial 3-1-1 themselves they will be transferred to 409-980-8311. Otherwise, protocols and procedures developed collaboratively by 3-1-1 and 2-1-1 will be followed. Provide 3-1-1 with after-hours contact information for 2-1-1 Area Information Center of Southeast Texas management staff and United Way of Greater Houston 2-1-1 Area Information Center management staff. Provide United Way of Greater Houston 2-1-1 Area Information Center with contact information for City of Beaumont 3-1-1 Helpline. Provide access to local resources via an online database at www.211texas.org. - As requested by Beaumont 3-1-1 staff, provide in-service training to 3-1-1 staff regarding 2-1-1 Area Information Center of Southeast Texas and the delivery of non-emergency information. Provide increased accessibility to 2-1-1 Area Information Center of Southeast Texas by providing Language Line Service availability. City of Beaumont 3-1-1 agrees to: - Work closely and collaboratively with 2-1-1 Area Information Center of Southeast Texas to ensure that relevant social and human service calls and information requests are directed to 2-1-1 Area Information Center of Southeast Texas. EXHIBIT "A" • On an as-needed basis, provide appropriate in-service training to 2-1-1 Area Information Center of Southeast Texas staff regarding the services, operational strategies and call transfer procedures of 3-1-1. • Notify 2-1-1 Area Information Center of Southeast Texas immediately of any problems that may arise or become known to 3-1-1 regarding confusion in 3-1-1 and 2-1-1 calls, or issues concerning call transfer procedures, service delivery, printed or electronic resource materials, or other areas that might hinder a positive working relationship between the parties. This agreement is made in the spirit of cooperation between the Area Agency on Aging of Southeast Texas, 2-1-1 Area Information center of Southeast Texas, and City of Beaumont 3-1- 1, with the goal of having calls properly directed calls to Beaumont 3-1-1 and 2-1-1 Texas. Compensation: No compensation shall be paid to either party for providing services under this MOU. Term: • This agreement shall be effective for a period not to exceed one (1) year from the date of execution. For AAASET 2-1-1 AIC of Southeast Texas: For City of Beaumont Colleen Halliburton, Director Date Kyle Hayes, City Manager Date Area Agency on Aging of Southeast Texas City of Beaumont 2-1-1 AIC of Southeast Texas P BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works& Technology Services MEETING DATE: October 12, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Agreed Order with the Texas Commission on Environmental Quality (TCEQ) for a Compliance Supplemental Environmental Project(SEP). BACKGROUND On April 20, 2021, by Resolution No. 21-095, City Council authorized the City Manager to submit an application to TCEQ to apply for a Compliance Supplemental Environmental Project to offset the $11,250.00 penalty referenced by TCEQ Docket No. 2021-0039-MWD-E. The proposed SEP to improve the electrical control system at the Rue Lift Station has been reviewed and accepted by TCEQ. The estimated construction cost of the project is $140,000.00. FUNDING SOURCE Capital Program—Lift Station Repairs. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-095 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to submit an application to the Texas Commission on Environmental Quality (TCEQ) for a Compliance Supplemental Environmental Project relating to improvements to the electrical control system at the Rue Lift Station. 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 20th day of April, 2021. MAvAr Becky Ames - RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on April 20, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-095 authorizing the City Manager to submit an application to the Texas Commission on Environmental Quality (TCEQ)for a Compliance Supplemental Environmental Project relating to improvements to the electrical control system at the Rue Lift Station; and, WHEREAS, the proposed Compliance Supplemental Environmental Project has been reviewed and accepted by the TCEQ; and, WHEREAS, the City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont, Texas for the City Manager to execute an Agreed Order with TCEQ for a Compliance Supplemental Environmental Project relating to improvements to the electrical control system at the Rue Lift Station, The Agreed Order is substantially in the form attached hereto as Exhibit "1" and made a part hereof for all purposes, 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 an Agreed Order with the Texas Commission on Environmental Quality (TCEQ) for a Compliance Supplemental Environmental Project relating to improvements to the electrical control system at the Rue Lift Station. 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 12th day of October, 2021. - Mayor Robin Mouton - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ,ems on IN THE MATTER OF AN § BEFORE THE ENFORCEMENTACTION § CONCERNING § TEXAS COMMISSION ON CITY OF BEAUMONT § RNxo16i2224 § ENVIRONMENTAL QUALITY AGREED ORDER DOCKET NO.2021-0039-MWD-E On the Texas Commission on Environmental Quality("the Commission"or"TCEQ")considered this agreement of the parties,resolving an enforcement action regarding the City of Beaumont(the"Respondent")under the authority of TEX.WATER CODE chs.y and 26. The Executive Director of the TCEQ,through the Enforcement Division, and the Respondent presented this Order to the Commission. The Respondent understands that it has certain procedural rights at certain points in the enforcement process,including the right to formal notice of violations,notice of an evidentiary hearing,the right to an evidentiary hearing,and a right to appeal. By entering into this Order, the Respondent agrees to waive all notice and procedural rights. It is further understood and agreed that this Order represents the complete and fully-integrated agreement of the parties. The provisions of this Order are deemed severable and,if a court of competent jurisdiction or other appropriate authority deems any provision of this Order unenforceable,the remaining provisions shall be valid and enforceable. The duties and responsibilities imposed by this Order are binding upon the Respondent. The Commission makes the following Findings of Fact and Conclusions of Law: I.FINDINGS OF FACT 1. The Respondent owns and operates a wastewater treatment plant with an associated collection system located at 49oo Iafin Drive in Beaumont,Jefferson County,Texas(the "Facility"). The Facility is near or adjacent to water in the state as defined in TEX.WATER CODE§26.001(5). 2. During an investigation conducted on October 26,2020,an investigator documented that approximately i,000 gallons of untreated sewage was discharged from a sewage collection main located adjacent to 5595 Gail Drive which resulted in the death of 44 fish. 3. The Executive Director recognizes that by October 26,2020,the Respondent had repaired the broken sewer main line,recovered the untreated sewage discharged, disinfected the affected area,and collected and properly disposed of the dead fish. EXHIBIT "I" City of Beaumont DOCKET NO. 2021-0039-MWD-E Page 2 II.CONCLUSIONS OF LAW 1. As evidenced by Finding of Fact No.1,the Respondent is subject to the jurisdiction of the TCEQ pursuant to TEx.WATER CODE ch. 26 and the rules of the TCEQ. 2. As evidenced by Finding of Fact No.2,the Respondent failed to prevent an unauthorized discharge of untreated wastewater into or adjacent to any water in the state,in violation Of 30 TEX.ADMIN.CODE§305.125(1),TEx.WATER CODE§26.121(a)(i),and Texas Pollutant Discharge Elimination System Permit No.WQoo10501020,Permit Conditions No.2.g. 3. Pursuant to Tax.WATER CODE§7.051,the TCEQ has the authority to assess an administrative penalty against the Respondent for violations of state statutes within the TCEQ's jurisdiction,for violations of rules adopted under such statutes,or for violations of orders or permits issued under such statutes. 4. An administrative penalty in the amount of$11,250 is justified by the facts recited in this Order,and considered in light of the factors set forth in TEX.WATER CODE§7.053. Pursuant to TEX.WATER CODE§7.067, $11,250 of the penalty shall be conditionally offset by the Respondent's timely and satisfactory completion of a Supplemental Environmental Project("SEP")as defined in the attached SEP Agreement("Attachment A"-incorporated herein by reference). The Respondent's obligation to pay the conditionally offset portion of the penalty shall be discharged upon full compliance with all the terms and conditions of this Order,which includes the timely and satisfactory completion of all provisions of the SEP Agreement,as determined by the Executive Director. III.ORDERING PROVISIONS NOW,THEREFORE,THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ORDERS that: 1. The Respondent is assessed a penalty as set forth in Conclusion of Law No.4 for violations of state statutes and rules of the TCEQ. The payment of this penalty and the Respondent's compliance with all the requirements set forth in this Order resolve only the matters set forth by this Order in this action. The Commission shall not be constrained in any manner from requiring corrective actions or penalties for violations that are not raised here. Penalty payments shall be made payable to 'TCEQ"and shall be sent with the notation"Re: City of Beaumont,Docket No.2021-0039-MWD-E"to: City of Beaumont DOCKET NO. 2021-0039-MWD-E Page 3 Financial Administration Division,Revenue Operations Section Attention:Cashier's Office,MC 214 Texas Commission on Environmental Quality P.O.Box 13088 Austin,Texas 78711-3088 2. The Respondent shall implement and complete an SEP as set forth in Conclusion of Law No.4. The amount of$11,250 of the assessed penalty is conditionally offset based on the Respondent's implementation and completion of the SEP pursuant to the terms of the SEP Agreement,as defined in Attachment A. Penalty payments for any portion of the SEP deemed by the Executive Director as not complete shall be paid within 3o days after the date the Executive Director demands payment. 3. All relief not expressly granted in this Order is denied. 4. The duties and provisions imposed by this Order shall apply to and be binding upon the Respondent. The Respondent is ordered to give notice of this Order to personnel who maintain day-to-day control over the Facility operations referenced in this Order. S. If the Respondent fails to comply with any of the Ordering Provisions in this Order within the prescribed schedules,and that failure is caused solely by an act of God,war, strike,riot,or other catastrophe,the Respondent's failure to comply is not a violation of this Order. The Respondent shall have the burden of establishing to the Executive Director's satisfaction that such an event has occurred. The Respondent shall notify the Executive Director within seven days after the Respondent becomes aware of a delaying event and shall take all reasonable measures to mitigate and minimize any delay. 6. The Executive Director may grant an extension of any deadline in this Order or in any plan,report,or other document submitted pursuant to this Order,upon a written and substantiated showing of good cause. All requests for extensions by the Respondent shall be made in writing to the Executive Director. Extensions are not effective until the Respondent receives written approval from the Executive Director. The determination of what constitutes good cause rests solely with the Executive Director. 7. The Executive Director may,without further notice or hearing,refer this matter to the Office of the Attorney General of the State of Texas("OAG")for further enforcement proceedings if the Executive Director determines that the Respondent has not complied with one or more of the terms in this Order. 8. This Order shall terminate five years from its effective date or upon compliance with all the terms and conditions set forth in this Order,whichever is later. g. This Order,issued by the Commission,shall not be admissible against the Respondent in a civil proceeding,unless the proceeding is brought by the OAG to: (1)enforce the terms of this Order;or(2)pursue violations of a statute within the Commission's jurisdiction, or of a rule adopted or an order or permit issued by the Commission under such a statute. City of Beaumont DOCKET NO. 2021-0039-M WD-E Page 4 ro. This Order may be executed in separate and multiple counterparts,which together shall constitute a single instrument. Any page of this Order may be copied,scanned,digitized, converted to electronic portable document format("pdf"),or otherwise reproduced and may be transmitted by digital or electronic transmission,including but not limited to facsimile transmission and electronic mail. Any signature affixed to this Order shall constitute an original signature for all purposes and may be used,filed,substituted,or issued for any purpose for which an original signature could be used. The term "signature"shall include manual signatures and true and accurate reproductions of manual signatures created,executed,endorsed,adopted,or authorized by the person or persons to whom the signatures are attributable. Signatures may be copied or reproduced digitally,electronically,by photocopying,engraving,imprinting, lithographing,electronic mail,facsimile transmission,stamping,or any other means or process which the Executive Director deems acceptable. In this paragraph exclusively, the terms: electronic transmission,owner,person,writing,and written,shall have the meanings assigned to them under TEx.Bus.ORC.CODE§1.002. ri. The effective date of this Order is the date it is signed by the Commission. A copy of this fully executed Order shall be provided to each of the parties. City of Beaumont DOCKET NO. 2021-0039-MWD-E Page 5 SIGNATURE PAGE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY For the Commission Date For the Executive Director Date I,the undersigned,have read and understand the attached Order. I am authorized to agree to the attached Order,and I do agree to the terms and conditions specified therein. I furtber aclmowledge that the TCEQ,in accepting payment for the penalty amount,is materially relying on such representation. I also understand that failure to comply with the Ordering Provisions,if any,in this Order and/or failure to timely pay the penalty amount,may result in: • A negative impact on compliance history; • Greater scrutiny of any permit applications submitted; • Referral of this case to the Attorney General's Office for contempt,injunctive relief, additional penalties,and/or attorney fees,or to a collection agency; • Increased penalties in any future enforcement actions; • Automatic referral to the Attorney General's Office of any future enforcement actions;and • TCEQ seeking other relief as authorized by law. In addition,any falsification of any compliance documents may result in criminal prosecution. Signature Date Name(Printed or typed) Title Authorized Representative of City of Beaumont ❑ If mailing address has changed,please check this box and provide the new address below: Instructions:Send the original,signed Order with penalty payment to the Financial Administration Division, Revenue Operations Section at the address in Ordering Provision i of this Order. Attachment A Docket Number.2021-0039-MWD-E SUPPLEMENTAL ENVIRONMENTAL PROJECT Respondent: City of Beaumont Penalty Amount: Eleven Thousand Two Hundred Fifty Dollars(S 11,250) SEP Offset Amount: Eleven Thousand Two Hundred Fifty Dollars IS 11,250) Type of SEP: Compliance Project Name: Lift Station Improvements Location of SEP: Jefferson County The Texas Commission on Environmental Quality("TCEQ") agrees to offset the administrative Penalty Amount assessed In this Agreed Order for Respondent to perform a Supplemental Environmental Project("SEP").The SEP Offset Amount is set forth above and such offset is conditioned upon completion of the project in accordance with the terms of this Attachment A. Respondent is a Local Government that qualifies under Texas Water Code§ 7.067 to apply the SEP Offset Amount set forth above to correct violations at its wastewater treatment facility(the "Facility")which are described in this Agreed Order.This Agreed Order cites violations at Respondent's Facility. 1. Project Description A. Project Respondent shall hire a contractor to purchase and install a new pump station control panel at the Rue Lane lift station In Beaumont,Jefferson County.The lift station controls currently consist of hardwired alternator panels and a Murphy pressure switch system for level detection and pump control and perform inconsistently during times of seasonal pressure changes.The control system upgrade will modernize the controls with a new level transmitter and a new pump control panel.The control system upgrade win aid in preventing the sanitary sewer system from surcharging and leading to potential unauthorized discharges.Specifically, the SEP Offset Amount shall be used for materials, supplies, and equipment for one or more of the following:pump station control panel(the"Project').Respondent shall solicit bids from qualified contractors to perform the Project.Any advertisement,Including publication,related to the SEP must Include the enforcement statement as stated In Section 6,Publicity.The SEP will be performed in accordance with all federal, state, and local environmental laws and regulations,including permits that may be required prior to commencement of the SEP. Respondent shall use the SEP Offset Amount only for the direct cost of implementing the Project,including supplies,materials, and equipment rentals, as listed in Subsection C. Minimum Expenditure,Estimated Cost Schedule,below. No portion of the SEP Offset Amount shall be spent on administrative costs,including but not limited to operating costs,reporting expenses,handling of expenses,project coordination, liability,or equipment breakdowns. Respondent's signature affixed to the attached Agreed Order certifies that Respondent has no prior commitment to perform this Project and that the SEP Is being performed solely as part of the terms of settlement in this enforcement action. Page 1 of 4 7.22.2021 City of Beaumont Docket No. 2021-0039-MWD-E Attachment A B. Environmental Benefit This SEP will provide a discernible environmental benefit by preventing wastewater discharges being released into the environment during the collection process. Wastewater discharges can carry bacteria,viruses,protozoa(parasitic organisms),helminths (intestinal worms), and bioaerosols(inhalable molds and fungi).The diseases they may cause range in severity from mild gastroenteritis to life-threatening ailments such as cholera, dysentery, infectious hepatitis, and severe gastroenteritis.Additional risks include occurrences of low dissolved oxygen, fish kills, algal bloom, and bacterial contamination in waterways. C. Minimum Expenditure Respondent shall spend at least the SEP Offset Amount to complete the project described in Section 1,above,and comply with all other provisions of this SEP.Respondent understands that it may cost more than the SEP Offset Amount to complete the Project. Estimated Cost Schedule hem Quantity Cost units Total Pump Station Control Panel 1 $42,000 1 542,000 Total $42,000 2. Performance Schedule Within 30 days after the effective date of this Agreed Order, Respondent shall begin Implementation of the SEP.Respondent shall have completed the SEP in its entirety within 130 days after the effective date of this Agreed Order. 3. Records and Reporting A. Progress Report Within 30 days after the effective date of this Agreed Order, Respondent shall submit a Notice of Commencement to the TCEQ describing actions performed to date to implement the Project. Within 90 days after the effective date of this Agreed Order,Respondent shall submit a report detailing the progress made and all actions completed on the Project during the previous 60- day period and setting forth a schedule for achieving completion of the Project within the 130- day timeframe set forth in Section 2, Performance Schedule,above.Thereafter,Respondent shall submit progress reports to the TCEQ containing detailed information on all actions completed on the Project to date as set forth in the Reporting Schedule table below: Page 2 of 4 7.22.2021 City of Beaumont Docket No. 2021-0039-MWD-E Attachment A Reporting Schedule Days from Effective Order Information Required Date 30 Notice of Commencement describing actions taken to begin project 90 Actions completed during previous 60-day period 130 Notice of SEP completion B. Final Report Within 130 days after the effective date of the Agreed Order,or within 30 days after completion of the SEP, whichever Is earlier,Respondent shall submit a Final Report to the TCEQ which shall Include the following: 1. Itemized list of expenditures and total cost of the Project; 2. Copies of invoices or receipts corresponding to the itemized list in paragraph 3.B.1., above; 3. Copies of cleared checks or payment records corresponding to the itemized list in paragraph 3.B.1.,above; 4. Copies of proof of advertisement of invitation for bids,if applicable; 5. A certified statement of SEP completion and document authentication; 6. Detailed map showing specific location of the project site(s); 7. Copies of all engineering plans related to work performed pursuant to the Project,if applicable; 8. Dated photographs of the purchased materials and supplies;before and after work being performed during the Project;and of the completed Project; and 9. Any additional information Respondent believes will,or that is requested by TCEQ to demonstrate compliance with this Attachment A. C. Address Respondent shall submit all SEP reports and any additional information as requested to the following address: Texas Commission on Environmental Quality Litigation Division Attention:SEP Coordinator,MC 175 P.O. Box 13087 Austin,Texas 78711-3087 Page 3 of 4 7.22.2021 City of Beaumont Docket No. 2021-0039-MWD-E Attachment A 4. Additional Information and Access Respondent shall provide additional information as requested by TCEQ staff and shall allow access to all records related to the SEP Offset Amount. Respondent shall also allow representatives of the TCEQ access to the site of any work being financed In whole or in part by the SEP Offset Amount.This provision shall survive the termination of this Agreed Order. 5. Failure to Fully Perform If Respondent does not perform its obligations under this Attachment A,including full expenditure of the SEP Offset Amount and submittal of the required reporting described in Sections 2 through 4 above, the Executive Director("ED")may require Immediate payment of all or part of the SEP Offset Amount as set forth in the attached Agreed Order. In the event the ED determines that Respondent failed to fully implement and complete the Project,Respondent shall remit payment for all or a portion of the SEP Offset Amount, as determined by the ED, and as set forth in the attached Agreed Order.After receiving notice of failure to complete the SEP, Respondent shall include the docket number of the attached Agreed Order and a note that the enclosed payment is for reimbursement of a SEP,shall make the check payable to "Texas Commission on Environmental Quality," and shall mail it to: Texas Commission on Environmental Quality Litigation Division Attention:SEP Coordinator, MC 175 P.O.Box 13087 Austin,Texas 78711-3087 6. Publicity Any public statements concerning this Project made by or on behalf of Respondent must include a clear statement that the Project was performed as part of the settlement of an enforcement action brought by the TCEQ.Such statements include advertising,public relations, and press releases. 7. Recognition Respondent may not seek recognition for this project in any other state or federal regulatory program. 8. Other SEPs by TCEQ or Other Agencies The SEP Offset Amount identified in this Attachment A and in the attached Agreed Order has not been,and shall not be,included as a SEP for Respondent under any other Agreed Order negotiated with the TCEQ or any other agency of the state or federal government. Page 4 of 4 7.22.2021 Penalty Calculation Worksheet (PCW) Po0.yR ytrbn fM,a J PC4V reVereep MMtRM 3019 ;DATES Assigned 4-]an-2021 PCW 1-Se -2021 Screening 5-]an-2021 EPA DueO ,RESPONDENT/FACUITYINFORMATION Respondent City of Beaumont Reg.Ent.Ref.No. RN101612224 Facility/Site Region 10-Beaumont Ma or/Minor Source Minor CASE INFORMATION Enf./Case ID No. 60234 No.of Violations 1 Docket IN 2021-OOJg-MWD-E Order Type FIn01n s Media Proynm(s)iWater quality Government/Non-profit Ye9 Multi-Media Fn/.Coordinator Katel n Tubbs ECs Team Enforcement Team 3 Admin.Penalty;Limit Minimum 00 M.A.U. Penalty Calculation Section TOTAL BASE PENALTY(Sum of violation base penalties) Subtotals F7so0 ADJUSTMENTS (+/-) TO SUBTOTAL 1 Subtotals 3-7..both"by mNaalyin Or.Tam Bose PomIN(Subbbl l)by the FtlkJted pAre ea ht. Compliance History 75.0% Rd-.a Subtotals 2,S,8 ] 5 625 Notes Enhancement for two Orders Mat do not contain a denial of llablllty and Repeat Violator classification. Culpability rNo 0.0% Enhancement Subtata/4 NotesF The Respondent does not meet Me culpablllty craeria. Good FalNt Effort to Comply Total Adjustments Subtotal S Eoonamlc Benefit 0.0% Eoe.nt- Subtotal6 Toni M Mmunb Erureabd 3 'Gpgda[Ne lob/H jemwmt cent oreumgle,ee a® SUM OF SUBTOTALS I-7 Final Subtotal f11,250 OTHER FACTORS AS JUSTICE MAY REQUIRE 0.0% Adjustment SO WN or eM.Mes the fLIN sub ,ae MdlaNd punheage. Notes Final penalty Amount 31250 STATUTORY LIMIT ADJUSTMENT Flna/Assess'ed Partalty 511,250 DEFERRAL 0.0% Redumon Adjpetment SO j eedu[O Me nnelAnarxE otiosity by theond"thul Notes No deferral Is recommended for Findings Orders. '!PAYABLE PENALTY Screening Date 51an-2021 Docket NO. 2021-0039-MWD-E PCW Respondent City of Beaumont An/hy aemw a fym¢oral'. Case ID No. 60234 ,CW fmkn Harts 26,20t9 Reg. Ent. Reference No. RN101612224 Media Water Quality Ent. Coordinator Katelyn Tubbs Compliance History Worksheet I>> Compliance History Site Enhancement(Subtotal 2) Com onent Number of... Number Adjust Written notices of violation ('NOVs') with same or similar violations as those In 0 0% NOV,; the current enforcement action(number of NOVS meeting cmene) Other written NOVs 0 0% Any agreed final enforcement orders containing a denial of liability (number of 0 0% orders meeting aliens Orders Any adjudicated final enforcement orders, agreed final enforcement orders without a denial of liability, or default orders of this state or the federal 2 50% government,or any final prohibitory emergency orders Issued by the commission Any non-adjudicated final court judgments or consent decrees containing a denial of liability of this state or the federal government (number of judgments or 0 0% Judgments consent decrees meeting Oitens) and Consent Any adjudicated final court Judgments and default Judgments, or non-adjudicated Decrees final court Judgments or consent decrees without a denial of liability,of this state 0 0% '., or the federal government Convictions Any criminal convictions of this state or the federal government (number of 0 0% counts Emissions Chronic excessive emissions events(numberofevents) 0 0% Letters notifying the executive director of an Intended audit conducted under the Texas Environmental, Health, and Safety Audit Privilege Act, 74n Legislature, 0 0% Audits 1995(number of audits for which notices were submitted) Disclosures of violatos,under the Texas Eavironmentel, Health,and Safety Audit Privilege Act, 74th Legislature, 1995(number of audits for which violations were 0 0% disclosed) Environmental management systems In place for one year or more No 0% Voluntary on-site compliance assessments conducted by the executive director No 0% E under a special assistance program participation in a voluntary pollution reduction program No 0% Early compliance win, or offer of a product that meets future state or federal No 0% government environmental requirements Adjustment Percentage(Subtotal 2) 50% >> Re peat Violator(Subtotal 3) yes Adjustment Percentage(Sublotal 3) 25% » Compliance History Person Classifieadon (SubtaGl7) SatisfacM Performer Adjustment Percentage(Subtotal 7) 0% j» Compliance History Summery Compliance Enhancement for two Orders that do not Contain a denial of liability and Repeat Violator History classification. Notes Total Compllanre History Adjustment Percentage(Subtotals 2,3,A 7) 75% >>Final Compliance History Adjustment Final Adjustment Percentage +cappedatl00% 75% _.. CIN Screening Date 5-0y OF Sea Docket No. 2@1-0o39-MWD-F P201 Respondent 602 4 Beaumont ,wj,Bav2bn a lAMlmai l Case ID No. 60234 rcnA.Mlon w,al M.sou Reg.Ent.Reference No. M101612224 Media Water Quality Enf.Coordinator cite n Tubbs Violation Number 1 Ruia Cites) 30 Tex.Admin.Code§305.125(1),Tex.Water Code§26.121(a)(1),and Texas Pollutant Discharge Ellrolmbon System Permit No.W00010501020,Permit Conditions No.2.g I Faihd to prevent an unauthoraed discharge of untreated wastewater Into or Violation Description adjacent to any water In the stets. SpednallyApwxi=MtY 1,000 geaons of untreated sewage was discharged tram a sewage aIIeQlon mein loafed adjacent to 5595 Gall Drive which resulted In the death of 44 Bah. Base Pen.ily >> Environmental, Property and Human Health Matrix , Harm Raleme Ma or Moderate Minor OR K ua x PotentialI Percem »programmatic Matrix Folon atlon Me of Moderate Minor Percent F o.0% Matrix Human health or the environment has been exposed to pollutants which exceed levels that are Notes protemve of human health or enWmnmentd receptors as a result of the volmon. Ad)ustsmal: Violation Events Number of Vbatlon Eye." Number a vbabon days daily weary monthly x quarterly Vichnion ea..Penalty, 52,500 sem annual annual single evert One monthly evert Is recommodled from the date of discharge(October 26,2020)to the compiance data(October 26,2020). I 'Good Faith Efforts to Comply ss.oAs Reduction f1,eT5 ' onwron xo xov xo xov to e saeu.mmr orcr. ' Extmo=n I i Omane WA Notes The Respondent addeved cmnplbnce on October 26,2020. Violaton anbNtall Economic Benefit(ES)for this violation Statutory Limit Test Estimated Ea Amount Vialatl.n Final Faulty Total 112 nis violation Final Assesses Panalty(adjusted for limits) 1l Economic Benefit Worksheet Respondent atv of Beaumont j Case M No. W234 Red.Ent. Reference No. M101612224 Media Water Quality - - __. .._-Yuan of ! Violation No. 1 'portent Interest Depracietion ' Ibm Coat Data Raqulretl Final Deb Yn Daenst Sevetl Cosh Savatl EB AnrobM '. Item D.Iptlon Delayed Costs asmpwm 0 amwupe over lee eemrl D 0 epnxwlp/onWoss, to YN severe kupwp ft.. 11 1 D Tnbbp/Ympl e, Mud xanWwa a/mlrWel - so to - pwmnceeb H U.00 i In, so ,her be ne.eeel - Actual Equipment cost to repair the broken sewer main line.Data Reproved Is Me discharge date and Me Final dab a Me compliant.dab. Estimated Remedlanpn/Dlsposel cost to rom er Me untreaced wastewater dimharped,dionfed Me xbee rw oaureo seem anected area,and properly Mmope of Me dead W.Date Required Is Me discharge dote and Me Hui date 5 Me compliance dab Actual Other cost to complete-M Station improvements'Protect Dace mmor of IL the discharge date and Me Final daft Is Me estimated comgeGon dace. Avoided Costs ANNUALIZE evo a was nand rq m a t r one ms avpi costs Dnpsl Peru m WM .a epe /eawDne/umpWp "Pose/seebmat 0 rwmaw ae.emeee wo-Tara eeMaM cobSo 0 ,ner as neeeee) I an so sew rw Avoroeo web 4ppm.caner Ceme�uno W a36 TOTAL 4268 I October 12, 2021 Consider authorizing the purchase of three garbage trucks for use in the Solid Waste Division BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 12, 2021 REQUESTED ACTION: Council consider a resolution authorizing the purchase of three garbage trucks for use in the Solid Waste Division. BACKGROUND Three identical garbage trucks will be purchased from Grande Truck Center, Inc., of San Antonio, in the total amount of$1,032,000.00.The new units will replace models 6168, 6169, and 6170 that have surpassed their useful life expectancy. The trucks are used for the collection of residential trash.The existing units will be disposed of in accordance with the City surplus property policies. Pricing was obtained through the Houston-Galveston Area Council (HGAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. HGAC complies with State of Texas' procurement statutes. Manufacturer's warranty is twelve(12) months. Quote is attached. FUNDING SOURCE Solid Waste Fund. RECOMMENDATION Approval of the resolution. CONTRACT PRICING WORKSHEET Contract Date For Standard Equipment Purchases No,; HTa6-20 Prepared: 10/4/2021 This Form must be prepared by Contractor and given to End User. The H-GAC administrative fee shall be shown in Section F. End User issues PO to Contractor,and MUST also fax a copy of PO,together with completed Pricing Worksheet,to H- GAC@773-9934548. Please type orprint legibly. Boyne City of Beaumont cacao-eo.: Grande Truck Center Ramer: canna P'rp•'•a Bob DuAc re.00: By: Ph.ae: Pmae: 512-632-6622 r..: r..: 210-666-7216 Ee.n: Ee.u: bdavie@grendeuuck.cor, °i° r 117 swcnpoa a Mack LR613 de: Product Item Base Unit Price Per Contractor's H-GAC Contract: 4990 B.Published Options-Itemize below-Attach additional shechs)if necessary-Include Option Code in description if applicable. (Note:Published Options are options which were submitted and priced in Contractor's bid.) Description Cast Description Cost rarenanxion Cooler 3200 From.liner 320 Allison Vocational package 3550 20K Front Axle 9800 Power divider Lockout 4550 LH&RE front hinged doors 4660 P7 355 HP 8200 315/80R22.5 Front Tires 2250 Diffuser 3250 Skid Plate 280 Dual Drive 9800 Antisway Springs 195C Iuson Neutral Control 4200 315/80R22.5 Rear Ti. 4250 Flaming River Disconnect 3150 Air Assist Cob Lift 295 20K Ta nrleaf Springs 72M Maintenance Moaner 2745 Synthetic Lobe Allison Transmission 2450 22.5/9.00 Alan Front Wheels 215 210 Wheelbase 4750 Subtotal From Additional Sbeet(s): E TA Dimock 42W Subtotal B: 95205 C.Unpublished Options-Itemize below/attach additional sheet(s)if necessary. (Note:Unpublished options are items which were not submitted and priced in Contractor's bid.) Description Cost i Description Cost Skid Plate under Bumper 2764 22.5x9rearwheels 2988 Cab Corner Proceed.. 31541 Subtotal C: 890 Check:Total cast of Unpublished Options(C)cannot exceed 25%of the total of the Base For this Vmsacdon the percentage is: 6% Unit Price plus Published Options(A+B). D.Other Cost Items Not Itemized Above(e.g.Installation,Freight Delivery,Etc.) Description Cost Description Cast Surcharge 2000 ¢a ASL Python 187489 Subtotal D: 1894s9 E.Total Cost Before Any Applicable Trade-In/Other Allowances/Discounts(A+B+C+D) 343500 Quantity Ordered: X Subtotal of A+B+C+Djj 343500 1 1 Sub to 0E: 1030500 GAC Submt.]F: 1500 .Tradalm/Other Allowances/Special Dbcounb Description Cost Deseripdov Cost ,a.'r`se SubtotalG - Delivery Date: H.Total Purchase Price(E+F+G): 1 332000 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of three (3) garbage trucks for use by the Solid Waste Division from Grande Truck Center, Inc., of San Antonio, Texas, in the amount of $1,032,000.00 through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2021. - Mayor Robin Mouton - 2 October 12, 2021 Consider approving the purchase of two new pothole patch trucks for use in the Public Works Department BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 12, 2021 REQUESTED ACTION: Council consider a resolution approving the purchase of two new pothole patch trucks for use in the Public Works Department. BACKGROUND One 2023 Freightliner M2106 with a Dry Radial Asphalt Pothole Patcher in the amount of $173,945.90 will replace unit 3349, a 2011 International 7400 with Pro-Patch Pothole patch body, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. A second 2023 Freightliner M2106 with a Dry Radial Asphalt Pothole Patcher in the amount of $173,945.90 will replace unit 3350, a 2011 International 7400 with Pro-Patch Pothole patch body, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy Total pricing, in the amount of$347,891.80 was obtained from Freightliner of Austin, Texas, through The Intedocal Purchasing System (TIPS), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. TIPS complies with State of Texas' procurement statutes. Manufacturer's warranty is twelve(12) months. Quote is attached. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. FREIGHTLINER OF AUSTIN 1701 Smith Rd.(IT",183 ex) But.512 3890000 Austin,Texas 78721 FAX 512-3992663 INV. We is:1800,3952005 RATE 1. -2021 CITY OF BEAUMONT 409-838-6527 odireas din STATE ziPCOOE P.O.BOX 3827 BEAUM0NT TX 77704-3827 pri Hereby Purchase trom You, n n Ncns fpcoldem many volowns, 2023 FREIGHTLINER M2106 TBD A doodidentar,,fee is not an official fee,a documentary fee wurce is not required by law but may be Charged to buyers for handling documents and perarmi ng services relating to the the closing of a sale.Buyers may avoid payment of the fee to the seller by handling the documents and performing the services relating to the closing of the sale.A documentary fee may not exceed$50.00.This notice is required by law. CHASSIS SELLING PRICE 69,413.40 El be. documentai no es up door. 0tiCOL EI brand OPTION CONTENT $ 11,994.50 documental noes on requisite bi Is ley,Remo se le puede comer.AT comprador,per of rendimientd de pro sersorms relacionatlds con Is crmplownidn tle la Santa y or completer Its documenms.EI comprador suede Carter of page of venddder de date costo at of Commando drams she enbarga de mandifer Jos documenms yde los services necesanew pars Is cdmpletacan paid Santa.El loom documental no pu6de sobmepasar tax$50.00 dHSj Este Read as requendd bafo la ley IscafYlero arrani Any warranties on the products sold hereby are those made by the factory. The Seller,Freightliner of Austin, hereby expressly disclaims all warranties,either expressed or implied including any implied warranty of merchantability or fitness for a particular purpose,and Feightla er ofAustin,nehher aeepmes nor authorizes any other person t0 assume for It any liability In mmaction with the sale of this vehicle. CUSTOMERSIGNATHRE SALESMAII SIGNATURE KEVIN KRIEG YEAR Isom MOOE4eO.Y led 7 lAiE YEAR E MOOET-- Jumse PUIE IT 347,891.80 PAYOFFTO. Tada Allo ender N/A ADDRESS' Tadingolrkrerwe N/A TELEPHONE: /FAX: Saks Tax N/A GOOD UNTIL; Whmelneentory TeX N/A QUOTED BY: U.Fx N/A SHOW LIEN TO: EwNType: Dowmerrtery Fee N/A ADDRESS: License WL: Federal Erda¢Tm I N/A Sate map.: 1 $ 347,891.80 DATED: LIEN AMOUNT$ license: PeI an Trader DRAFT FOR$ Tide'. are sm eWeamvd DRAFT HARD: ttansar: Lew Deposit ADDRESS T"Hularweoue 3 1,891.80 Rw,y RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THATthe City Council hereby approves the purchase of two (2) Freightliner pothole patch trucks for use by the Public Works Department from Freightliner of Austin, of Austin, Texas, in the amount of $347,891.80 through The Interlocal Purchasing System (TIPS) Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2021. - Mayor Robin Mouton - 3 October 12, 2021 Consider approving the purchase of three backhoe loaders for use in various City Departments BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 12, 2021 REQUESTED ACTION: Council consider a resolution approving the purchase of three backhoe loaders for use in various City Departments. BACKGROUND One Mustang Cat 4164WD Backhoe in the amount of$91,323.00, will be purchased for use in the Parks Division. This will replace unit 4367, a 2004 John Deer 6320 tractor,which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. One Mustang Cat 4164WD Backboe with hammer in the amount of$110,633.00 will be purchased for use in the Streets Division. This will replace unit 5001, a 2008 New Holland B95B backhoe, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. One Mustang Cat 4164WD Backhoe with hammer in the amount of$110,633.00 will be purchased for use in the Streets Division. This will replace unit 5159, a 2007 Case 580 SM2 backboe,which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. Total pricing, in the amount of$312,589.00, was obtained from Mustang Cat, of Beaumont, Texas. Manufacturer's warranty is twelve (12) months. Mustang Cat is a Sole Source provider. Quote is attached. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. LET'S WORK TOGETHER Machine Sales Quotation Referenceg43063-3 October 5,2021 Mustang CAT Sales Representative Brookslordan JEFF HARVILLE Mobile:409-781-0389 CITY OF BEAUMONT BJordan@mustangcat.com PO BOX 3827 BEAUMONT,TX 77704 Mr.HARVILLE, Thank you for considering Mustang CAT. Our proposed solution for yourneeds is summarized below with additional detail on the following page or pages. Please review this proposal thoroughly. Ourrecommended solution is based on our current understandingof your requirements. Please contact me if yourrequirements have changed orif you have any questions aboutthe products and services we are recommending. We hope to earn your business and lookforward to working with you. When you are ready to move forward,please sign and date on the bottom of page one and return it to me. Mustang CAT recommended solution for CITY OF BEAU, 2022 BHL CAT Machines 4164WD 41607A BACKHOE LOADER CFG2(pre-tax) $91,323.00 Warranties 4164WD WearrhrantY lst Year Premier/unlimited Hours;Years 2.4,4000 Hmrs Pmertrain a Hydraulics 3 Included Total Investment(pre-tax): $91,323.00 Accepted by: Printed Name Date CustomerSIgnature 4�A ARRANGEMENT OPTION DESCRIPTION IIST 543-3339 41607A BACKHOE LOADER CFG2 $78,210.00 543-4280 STICK.STANDARD, 14FT 543-4899 PT 4WD/2WS STO SHIFT MECH 5993000 542-7779 ENGINE 70KW C3 6 DITA T4F $8,220.00 964-0306 HVDRAIIINIS. GP_ SF[NbRNK S71S 00 544-0353 CONTROLS BACKHOE PATTERN 557-4932 CAB.STANDARD S7A1000 545-5047 DISPLAY STANDARD 491-6734 W0RKLIGHT518)HALOGEN LAMPS 5714S72 SEAT_VINYI 206_-1747 BELT,SEAT,2"SUSPENSION 542-7810 AIR CONDITIONER. T4F 5303000 560-6797 PRODUCT LINK.CELLULAR, PLE643 533-0488 TIRES. 34080-18/50070-24 MX $1,745,00 9R-6007 STABILIZER PADS,FLIP-OVER 534800 337-7385 BUCKET-GP 13 Y03 PO S3 00 9R-5321 CUTTING EDGE. TWO PIECE S 331 G0 219-3387 BUCKET, 24".6.2 FT3 5174300 444-7SOO COUPLER.PG.MAN.OLOCK. BHI b 09000 456-3390 COUPLING.OD.THREADED WITH CAPS 538300 548-1230 LINES COMBINED AUX STD STICK S3 6 000 211-4292 BEACON. MAGNETIC MOUNT S 23900 540-2298 RADIO,FM BLUETOOTH S 57000 353-1389 GUARD.STABILIZER $86500 318-9902 PINS,SPARE S175.00 MACHINE LIST PRICE: $123.871.00 ATTACHMENTS List Price FOB Factory: $123,871.00 Dealer Discount: ($32,548.00( Make Ready: Factory Freight: Warranty: Total Trade-In: Subtotal: $91,323.00 Sales Tan: Heavy Equipment Fee: Diesel Surcharge: Document Fee: Total Sale Prim: $91,323.00 �a,i .I ,.•••.• v:ii u.,ne ., :htros://www.Muslan¢fAT mm LET'S WORK TOGETHER Machine Sales Quotation Referenceg43063-2 Octobers,2021 Mustang CAT Sales Representative BrooksJordan JEFF HARVILLE Mobile:409-781-0389 CITY OF BEAUMONT Blordan@mustangcat.com PO BOX 3827 BEAUMONT,TX 77704 Mr.HARVILLE, Thank you for considering Mustang CAT. Our proposed solution for your needs is summarized below with additional detail on the following page or pages. Please review this proposal thoroughly. our recommended solution is based on our Current understanding of yourrequirements. Please contact me if your requirements have changed orif you have any questions about the products and serviceswe are recommending. We hope to earn your business and look forward to working with you. Whenyou are ready to move forward,please sign and date on the bottom of page one and return it tome. Mustang CAT recommended solution for CITY OF BEAU, 2022 BHL CAT Machines 4164M 41607A SACKHOE LOADER CI(pre-tax) $110,633.00 each Warranties 4164WD warranty.It Year Premier/unlimited Hours;Years 2-4,4000 Hours Pmenraln+Hydraulics+ Included Tech Total Investment(pre-tax): $110,633.00 each Accepted by: Printed Name Date i Customer6ignature xxxxl I 1=2 ARRANGEMENT nirnm DESORIMON Lin 543-3339 41607A BACKHOE LOADER CFG2 S78,21040 5434280 STICK,STANDARD, 14FT 5434899 PT,4WDI2WS STD SHIFT, MECH S9 93000 542-7779 ENGINE, 70KW,C3.6 DITA,T4F S8,220,00 S64-AAOS HYDRAULICS. GP,SFCNnRNK <719 W 544-0353 CONTROLS BACKHOF PATI-ERN 557-4932 CAB.STANDARD S7410,00 S45-5047 DISPLAY.STANDARD 491-6734 WORKLIGHTS 181 HALOGEN LAMPS 57A.4q22 UAT VINYI 206-1747 BELT.SEAT,2"SUSPENSION 542-7810 AIR CONDITIONER, T4F S3,030.00 560-6797 PRODUCT LINK,CELLULAR.PLE643 533-0488 TIRES, 34080-18150070-24.MX S1,745,00 117-2694 COUNTERWEIGHT, 2;S I AS S705,00 911-6007 STABILIZER PADS,FLIP-OVER $348.00 337-7385 BUCKET-GP. 1.3 YD3,PO S3,299,00 9R-5321 CUFFING EDGE.TWO PIECE S331,00 219-3387 BUCKET, 24".6.2 FT3 S1743,00 444-7%M CCRIPI Fit Pr MAN It I nrK RHI c,Firm on 456-3390 COUPLING.QD.THREADED WITH CAPS S383,00 548-1230 LINES, COMBINED AUX.STD STICK S1620,00 211-4292 BEACON,MAGNETIC MOUNT S239,00 540-2298 RADIO,FM BLUETOOTH S570,00 471�7607 PL) �77qnn 353-1389 GUARD,STABILIZER $865.00 318-9902 PINS SPARE S 175= 561-2555 HAMMER. H955 $24,583.00 564-9842 BRACKET. Bl. 45-50MM XL 4660,00 199-6964 LINES, 1,180-1-195 RHI-R QC S 417 AD MACHINE LISTPRICE: $149,531.00 ATTACHMENTS List Price FOB Factory: $149,531.00 Hammer CAT H95S 1500 FT/LB Hammer Included In Price Dealer Discount: ($38,898.00) MECH Quick Coupier Included in Price Subtotal; S110,633.00each CITY: 2 Backhoes Total Trade-in: Subtotal: CITY: 2 $221,266,00 Sal..Tax: Heavy Equlpnnent Fee: Diesel Surcharge: Document Fee: Total Sale Price for $221,266.00 two: htWs/AvwwW�oneCATw RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a three (3) backhoe loaders for use in various City departments from Mustang Cat, of Beaumont, Texas, a sole source vendor, in the amount of $312,589.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2021. - Mayor Robin Mouton - 4 October 12, 2021 Consider approving the purchase of one street sweeper for use in the Streets & Drainage Division BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 12, 2021 REQUESTED ACTION: Council consider a resolution approving the purchase of one street sweeper for use in the Streets & Drainage Division. BACKGROUND One street sweeper will be purchased from Heil of Houston,Texas, in the amount of$286,777. Unit 4411, a 2016 Freightliner M-2 w/Elgin Sweeper body that has 1,925 hours and 143,146 miles, will be maintained at Fleet as a backup sweeper unit. Pricing was obtained through the Houston-Galveston Area Council (HGAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. HGAC complies with State of Texas' procurement statutes. Manufacturer's warranty is twelve(12) months. Quote is attached. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. i�/�� Buy CONTRACT PRICING WORKSHEET Contract Date 9/30/2027 71VMVr�J For MOTOR VEHICLES Only No.: SWOA 20 Prepared: Burins City of Beaumont,Texas co,tmrw,: lieilof Texas ALenry: contvet v"vn"n Ten,Parsons Peron ay: Phone: Phone: 832-948-9402 Pax: 713-923-7600 e ie veanih terryparsons@heilo0exas.com vroeum SW04-2OR31 11 n®aapti— Schwaree Model M6SE Avalanche High Dump Mechanical Street Sweeper rose: A.Product Item Base Unit Price Per Contractor's H-CAC Contract. 194,995 B.Published Options-Itemize below-Attach additional sheet(s)if necessary-Include Option Code in description if applicable. (Note:Published Options are options which were submitted and priced in Contractor's bid) Description Cost Description Cost Chevron Cleated Belt Type Conveyor.System Allaoe WORDS Trucarnienwo 0 I on, Type 36"x 58"Main Broom min,L9 30OW Engine with$60S IN Tgtgne 0 Dust 49"Diameter Gutter Broome I Dead Air Ride$cam with Lumbar.Support 0 Dual In CabHydraulic Gutter Broom Tilt 182 Dual Remote Control/Heated West Coast Micro, Dual In-Cab Pneumatic Gutter Broom Extension Override Air Conditioning&AM/FM Radio with Weatherband 0 Remote Grease Points for Main Broom and Conveyor 780 Dual 12"Parabolic Fender Mounted Minors 415 Single Camera System with In-Cab 7 5"LCD Monitor 0 Ilydmulic Pressure Gauge at Valve Bank 18 High Strength Stainless Steel Hopper(lifetime Wananty) 521( Traffic Guide LED Rear Mounted Arrowboard 1705 Rear LED State with Limb Guard 0 Yen/6000 Hour Hydraulic Pump&Fining Warranty Standard White Axlata Dupont lmron 5000 Paint 0 Lifetime Hopper Wananty(Rust and Perforation) Freightliner M2 33K Dual Steering Chassis 963651 Subtotal From Additional Shcons):11 Bmdtx AD9 Air Dryer with Automate Moisture Ejector Subtotal R: 106475 C.Unpublished Options-Item ice below/attach additional sheets)if necessary. (Note:Unpublished options are items which were not submitted and priced in Contractor's bid.) Description Cast I Description Cost 3Year/3600 Hour Base Sweeper Warranty 6,699 Su broad From Additions l Sheet(s): 11 SubtotalC, 669 Check:Total mst of Unpublished Options(C)cannot exceed 25%of the total of the Base Unit Price plus Published Options(A+B). For this transaction the percentage is: 2% D.Tom[Cast Before Any Applicable Trade-In/Other Allowanees/Discounts(A+B+C) Quantity Ordered: 0 X Subtotal of A+B+CJ1 brand D: 298169 E.H-GAC Order Processing Charge(Amount Per Current Policy) Subtotal E: F.Trade-ins/Other Allowances I Special Discounts/Freight/Installation Description Cost Description Cost Freight and PDl -2751 Discount -8,641 Subtotal F: -11392 Delivery Date: 60 to 90 Days ARO G. Total Purchase Price(D+ F): 28677 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of one (1) street sweeper for use by the Streets & Drainage Division from Heil of Texas, of Houston, Texas, in the amount of $286,777.00 through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2021. - Mayor Robin Mouton - 5 October 12, 2021 Consider authorizing the City Manager to execute an agreement with CDM Smith, Inc.,to continue management of the Municipal Separate Storm Sewer System (MS4) permit for the City of Beaumont for Fiscal Year 2022 BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: October 12, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with CDM Smith, Inc., to continue management of the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont for Fiscal Year 2022. BACKGROUND On October 16,2012, by Resolution No. 12-249, City Council awarded CUM Smith, Inc., of Houston, an agreement for Professional Engineering Services to manage the MS4 Permit The manager of the permit conducts dry and wet weather screenings of our five (5)major outfalls in the City. Under the permit, the City is required to submit an annual report summarizing activities and results of the screenings and other inspections conducted throughout the year which CDM Smith, Inc., has successfully completed on the City's behalf since 2012. The agreement includes implementation of the stormwater management plan that details how the City (and DD6) will comply with the MS4 permit. If approved,the total services and expenses shall not exceed $250,000.00 without the City's prior written authorization. FUNDING SOURCE General Fund—Public Works Department. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 12-249 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of an Engineering Services Agreement to CDM Smith, Inc., of Houston, Texas, in an amount not to exceed$240,000 to manage the Municipal Separate Storm Sewer System (MS4) Permit. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of October, 2012. - Mayor Becky Ames- CDM Smith 755tate Street,Snte 701 Boston,Ma::acnu:Mt:02109 te1:617452-W00 September 20,2021 Ms.Amalia Villarreal,P.E. City Engineer City of Beaumont 801 Main,Suite 210 Beaumont,Texas 77704 Subject: Municipal Separate Storm Sewer System (MS4) Contract FY 2022 Dear Ms.Villarreal: CDM Smith is pleased to submit the attached proposed contract to assist the City of Beaumont implement their MS4 program.The attached contract and proposed scope and fee include the following breakdown of activities. Project Management 95 $18,540 Project Planning and Coordination Meetings 125 $23,380 Monitoring(includes$60,000 for Chica forfield work assistance and$10,000 for 857 $100,265 Envirodyne for lab services) MSGP Annual Compliance Inspections and Renewal 40 $6,480 Annual Report 208 $30,875 Stormwater Management Program Implementation (includes$5,000 for Seagull) 283 $55,460 Inspection Services 98 $15,000 Total 1,706 $250,000 We look forward to the opportunity to continue working with the City on this important project.Should you have any questions on the proposed contract, please feel free to contact me at any time. Sincerely, Kim Chanslor,PE,PMP Project Manager CDM Smith Inc. TBPE Firm No. F-3042 WATER+ENVIRONMENT+TRANSPORTATION+ENERGY+FACIIlTIES RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Engineering Services Agreement with CDM Smith, Inc., of Houston, Texas, in an amount not to exceed $250,000 to manage the Municipal Separate Storm Sewer System (MS4) Permit. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2021. - Mayor Robin Mouton - BEAUMONT TEXAS ENGINEERING SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § AGREEMENT FOR Engineering and Related Services for CITY OF BEAUMONT Municipal Separate Storm Sewer System Permit(Permit Year 2022) SECTION 1 This Agreement made and entered into in Beaumont, Jefferson County, Texas between the City of Beaumont, a Municipal Corporation in the State of Texas, hereinafter termed "City" and CDM Smith Inc., duly licensed, and practicing under the laws of the State of Texas, hereinafter termed "Engineer", said Agreement being executed by the City pursuant to the City Charter and Ordinances and Resolutions ofthe City Council,and by said Engineer forthe Engineering Services hereinafter set forth in connection with the above designated Project for the City of Beaumont. 1. General A. Detailed Project Description The Engineer will manage the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont. The Engineer will conduct all representative monitoring, calibrate flow meters, conduct required dry and wet weather screenings, and Industrial monitoring. The Engineer will prepare and submit an Annual Report to the TCEQ and EPA. The Engineer will conduct employee training at City departments and provide SWMP implementation activities for Best Management Practices (BMPs).The Engineer will assist the City on Industrial facility inspections and construction site audits when needed. The Engineer shall perform SWMP implementation activities for BMPs and review implementation priorities as requested by the City. Engineer will perform other duties as specifically included in the MS4 Permit. B. Time of performance for this contract coincides with Fiscal Year 2022 (October 1, 2021 through September 30, 2022). The Engineer shall not commence work on this proposed Project until he has been notified in writing to proceed. FY 2022 MS4 Perna supw services 1 City Engineer EXHIBIT "A" BEAUM©NT TEXAS The Engineer, in consideration for the compensation herein provided, shall render all professional services, including any associated subconsultants, necessary for the development of the Project to completion, as provided in this Agreement. II. Basic Services Engineer shall provide the following Basic Services: A. Meet with the City to determine SWMP implementation priorities and the schedule for project. B. Conduct all required monitoring. 1. Representative monitoring. a. Prepare for sampling events, including procurement and maintenance of sampling equipment as required by the City. b. Collect composite samples during three seasonal events at five locations. c. Submit samples to appropriate laboratory including sample preservation, chain of custody, and sample volume calculations based on flow estimates developed using DD6 stage measurements. d. Analyze laboratory data and compile DMR forms for data submission to the TCEQ/EPA via the MS4 Annual Report. e. Inform the City of any problems with associated collections and methods to resolve problems. f. Representative monitoring will be conducted three times per year at the five locations as required by the Permit. 2. Dry weather screening. a. Meet with City to define priorities for outfall locations for screening. It is estimated that 120 dry weather screenings will be conducted as part of the dry weather monitoring task. b. Conduct onsite test kit analysis of dry weather flows as per project standard operating procedures. c. Report potential illicit discharges and track elimination efforts as per project standard operating procedures, including the creation of a potential illicit discharge memorandum. d. Review and confirm previously identified outfalls. e. Develop drainage area delineations for outfalls as requested by the City. f. Inform the City of any problems with associated screenings or discharges and methods to resolve problems. 3. Wet weather screening. a. Identify and field investigate wet weather screening locations. FY 2022 MS4 Peenil Suppw Services 2 City __ Engineer BEAUM©NT TEXAS b. Field sample collections and test kit analysis. c. Report of potential illicit discharges and track elimination efforts. d. Inform the City of any problems with associated screenings or discharges and methods to resolve problems. e. It is estimated the Engineer will conduct 20 wet weather screenings throughout the permit year. 4. Landfill Multi-Sector General Permit (MSGP) monitoring (conducted during wet weather screenings as required by MSGP). a. Laboratory sample collection and preservation. b. Laboratory submission and chain of custody documentation. c. Inform the City of results and any problems with associated industrial screenings or discharges. d. During one of the three representative monitoring sampling activities Engineer will perform landfill sample collection. e. Assist in investigation of any problems with associated industrial screenings or discharges to the requirements of the MSGP. 5. Maintain database and GIS map for tracking major outfalls inventory. a. Update database with results from this permit year outfall inventory (I00 outfalts). b. Identify any duplicates related to the estimated 100 outfalls inventoried during the permit year and update the database accordingly. c. Provide updated database and status report to the City on a quarterly basis. C. MSGP Annual Comprehensive Inspections and Renewal 1. Perform annual comprehensive inspections for the following City facilities: a. Beaumont Municipal Landfill b. Beaumont Municipal Wastewater Treatment Plant c. Beaumont Municipal Airport d. Beaumont Municipal Transit 2. Complete site review and updates to Stormwater Pollution Prevention Plans(SWPPPs) for all 4 sites based on annual comprehensive inspection. 3. Update Site maps as necessary based on annual comprehensive inspection. 4. Certification of No non-stormwater discharges and review of site outfalls. D. Development and submission of Annual Report. 1. Conduct DD6 and City of Beaumont departmental meetings and quarterty data requests to assess compliance. 2. Gather required data for the annual report using tracking spreadsheets and submit methods of improvement. Data and report to include metrics from the previous year as well as new metrics for the approved S WMP. Fv 2022 M34 Permit suppon services 3 City __ Engineer BEAUM©NT TEXAS 3. Provide Draft of annual report to City staff by January 15, 2022. 4. Submit MS4 Annual Report to TCEQ by February 1, 2022. E. Storm Water Management Program Implementation. I. Provide materials for department MS4 training. 2. Conduct employee training for City departments. It is expected that training will be conducted in conjunction with the SWMP requirements workshops. 3. Maintain quarterly tracking spreadsheets for annual reporting. 4. Assist the City in development of new SWMP programs, procedures and educational materials as required by the new permit and TCEQ approved SWMP within the contract upper limit. 5. Provide on call support as requested by the City within the contract upper limit which may include the following activities (assumed up to 48 hours): a. Update guidance documents, inspection forms and outreach materials. b. Total Maximum Daily Load Program support to develop an action plan and procedures. c. Support the City in updating the industrial facility inspection tracking system. d. Municipal construction site audits to access compliance with TCEQ construction general permit. e. Other relevant SWMP implementation technical guidance. F. Inspection Services. I. Industrial Facility Inspections.As requested by City,one engineer will attend industrial inspections with City inspector and assist in: a. Preparation and initial facility research. b. Facility compliance records review. c. Review facility benchmark monitoring records and record information into centralized tracking spreadsheet. d. Facility walk-through and inspection report completion. e. Review correspondence with industrial facility. f. Implementation of associated enforcement actions and related correspondence. g. Engineer has estimated to assist the City in inspection of up to 10 industrial facilities. 2. Provide on call industrial facility documentation review and correspondence including assistance in review of SWPPP materials and analytical results from industrial sites (assumed up to 22 hours). 3. Industrial Facility Inspection Training as requested by City. a. Provide industrial inspection training materials. b. Support the city in the updating the industrial facility inspection tracking system as requested by the City. Fr 2022 MS4 Permit suppon services 4 City __Engineer BEAUM©NT TEXAS III. Special Services (not applicable to this agreement) IV.Additional Services All work that will be performed by the Engineer at the request of the City that is described in this paragraph and not included in the paragraphs above, shall constitute Additional Services. Additional Services shall include, but are not limited to the following: A. Services required by the City in any litigation or other controversy as an expert witness, including actual testimony time, stand-by waiting time,preparation of engineering data and reports or depositions and consulting with the City or its attorney. B. Preparation of any special reports, applications for permits or grants, and appearances before any regulatory agencies or public hearings not included in Attachment`B". C. Any revisions of previously approved work. D. Any travel and subsistence to points other than Engineer's or City's Offices and Project site. E. Preparation of exhibits. F. Additional services due to significant changes in scope of Project or its design including but not limited to changes in size, complexity, or character of construction as agreed to by both parties. These tasks may be authorized at the direction of the Public Works Director. G. Providing services after issuance of Letter of Acceptance from the City. V. Coordination A. The Engineer shall hold monthly conferences with the Public Works Director, hereinafter termed "Director", or their representatives to the end that the Project as developed shall have the full benefit of the City's experience and knowledge of existing needs and facilities, and be consistent with its current policies and standards. To assist the Engineer in this coordination,the City shall make available for the Engineer's use in planning and designing the project all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to existing facilities and to this particular Project, at no cost to the Engineer. However,any and all such information shall remain the property of the City and shall be returned if instructed to do so by the Director. B. The Director will act on behalf of the City with respect to the work to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Engineers services. Fv 2022 Msa Permit suppod services 5 City _ Engineer BEAUM©NT TEXAS C. The City will give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any defect (error or omission) in the Engineer's services or any development that affects the scope or timing of Engineer's services. D. The City shall furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be determined to be necessary by the City for the completion of the Project. The Engineer will provide the City reasonable assistance in connection with such approvals and permits such as furnishing of data compiled by the Engineer pursuant to other provisions of the contract, but shall not be obligated to develop additional data,prepare extensive reports or appear at hearings or the like unless compensated therefore under other provisions on this contract. E. The Engineer shall promptly report, in writing, to the City of any development that would affect the scope or timing of the Project. V1. Fee Schedule A. General For and in consideration of the services to be rendered by the Engineer in this Agreement, the City shall pay and the Engineer shall receive the compensation hereinafter set forth for the Engineer's services described in Sections 11, III, and IV. B. Basic and Special Services The basis of compensation for Basic and Special Services shall be at the standard hourly rates and expenses as provided in the Schedule of Hourly Rates and Expenses shown on Attachment"A"The Engineer agrees that the total services and expenses shall not exceed $250,000 without the City's prior written authorization. The level of effort for Basic Services described in Section II is based on the estimated hours and tee for each task documented in Attachment "B".The expected LOE of effort for subcontractor activities including monitoring field work support, laboratory services,and supplemental support are $60,000, $10,000, and up to $5,000 respectively as noted in Attachment"B". Fv 2022 msa remit suppoo SeNices 6 City _ Engineer BEAUM©NT TEXAS C. Additional Services Compensation for Additional Services that are authorized by the Director shall be determined based on the standard hourly rates and expenses as shown in Attachment A and shall not exceed an amount to be determined at the time the Additional Services are requested. VI1. City Payments A. Payments shall be made to the Engineer based on the several phases as described above and in accordance with the following: I. One-hundred percent (100%) of the amount due the Engineer for work performed in each phase shall be payable on a monthly basis. B. Payment shall be made within thirty (30) days after submittal of the request for payment for work performed. Payment shall be considered past due forty-five (45) days after submittal. C. The City reserves the right to make an audit of charges claimed for this contract for services. Vl1I. Revisions to Drawings and Specifications (not applicable to this agreement) The Engineer shall make, without additional expense to the City over and above the basic fee, such revisions to the Design Phase as may be required to meet the needs of the City. After approval of the Design Phase by the City, any revisions,additions,or other modifications made at the City's request that involves extra services and expenses to the Engineer shall be subject to additional compensation to the Engineer for such extra services and expenses. IX. Ownership of Documents All documents including the original drawings, estimates,specifications, field notes and data, will remain the property of the Engineer as instruments of service. However, it is to be understood that the City shall have free access to all such information with the right to make and retain copies of drawings and all other documents including field notes and data. Any re- use without specific written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer. X. Termination Either party to this Agreement may terminate the Agreement by giving the other thirty (30) days notice in writing and in accordance with the following procedure: A. Upon delivery of such notice by either party to the party, and upon expiration of the thirty day period,the Engineer shall discontinue all services in connection with the performance Fv 2022 M54 Permit soppoo Services 7 City __ Engineer BEAUM©NT TEXAS- of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such others or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charge to which the service actually performed under this Agreement is applicable and useable to this Project, less such payments on account of the charges as have been previously made. Copies of specifications prepared under this Agreement shall be delivered to the City when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section V III. B. Failure by the Engineer to comply with the submittal of the statement, and documents as required above shall constitute a waiver by the Engineer of any and all rights or claims to collect any monies that the Engineer may rightfully be entitled to for services performed under this Agreement. XL Engineer's Warranty The Engineer warrants that he has not employed or retained any company or person otherthan a bona fide employee working solely for the Engineer to solicit or secure this Contract, and that he has not for the purpose of soliciting or securing this Contract paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. XII. Equal Employment Opportunity The Engineer agrees to follow the Minority Business Enterprise requirements and/or develop an Affirmative Action Plan as set forth by the City. XIII. Assignment or Transfer of Interest The Engineer shall not assign or transfer its interest in the Contract without the written consent of the City. XI V. Indemnification/Liability The Engineer shall save and hold harmless the City from all claims and liability due to activities of himself, his agents, or employees, performed under this Contract and which result from a negligent act, error or omission of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expenses, including attorney fees which might be incurred by the City in litigation or otherwise resisting said claim or liabilities which might be imposed on the City as result of such activities by the Engineer, his agents, or employees and for which the Engineer is found to be legally liable. F 2022 MS4 Permit Support Services 8 City __Engineer BEAUM©NT TEXAS- The Engineer shall, within one week after signing the contract and before any work shall start, furnish the city with certificates of insurance naming the City as additional insured satisfactory to the City indicating the existence of Statutory Workmen's Compensation Insurance, and comprehensive General Liability Insurance. Such insurance shall be at the Engineer's expense. The limits shall be as follows: Comprehensive General Liability and Auto Liability Insurance shall not be less than $1,000,000.00 per incident/ $1,000,000.00 per occurrence. 'I hese certificates shall contain a provision that the City shall be notified thirty(30)days before cancellation of the insurance. The Engineer shall maintain such insurance in force during the life of the contract and no modification or change of insurance carriage and provision shall be made without thirty (30)days written advance notice to the City. XV. Estimates of Cost Since the Engineer has no control over the cost of labor, materials, or equipment or over the contractor's methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry but the Engineer cannot and does not guarantee that proposals, bids or the construction cost will not vary from opinions of probable cost prepared by him. X V I. Interest in City Contracts Prohibited No officer or employee of the City shall have a financial interest, direct or indirect, in any Contract with the City, or shall be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or service, except on behalf of the City as an officer or employee. XV 11. Entire Agreement This Agreement represents the entire and integrated Agreement between the City and Engineer and supersedes all prior negotiation,representatives,or agreements,either oral or written. This Agreement may be amended only by written instrument signed by both the City and Engineer. FY 2022 MSA Permit support Services 9 City __ Engineer BEAUM©NT TEXAS SECTION 2 IN WITNESS WHEREOF,the City of Beaumont has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the corporate seal of said City to be hereunto affixed and this instrument to be attested by the City Clerk,and the said Engineer,acting by the hand of Gregory Shaw thcrcunto authorized signee title,does now sign,execute and deliver this document. Done at Beaumont, Texas, on this day of , A.D.2021. CDM SMITH INC. CITY OF BEAUMONT By: By: Client Service Eeader City Manager Attest: Attest: w 2022 msa Permit suppol seMces 10 City Engineer BEAUM©NT TEXAS- ATTACHMENT "A" SCHEDULE OF HOURLY RATES AND EXPENSES FY 2022 M34 Permit Suppotl Services Attachment "A" Schedule of Hourly Billing Rates CDM Smith Schedule of hourly Billing Rates October 1, 2021 through September 30, 2022 Hourly Rates Clerical $90.00 Staff Support Services $110.00 Senior Support Services $145.00 Technical/Professional Services: Technician 1 $110.00 Technician II $135.00 Professional $120.00 Professional ll $130.00 Professional III $150.00 Professional IV $160.00 Professional V $170.00 Senior Professional $185.00 Principal/Associate/Senior Technical $235.00 Specialist Vice President/Senior Vice President/ $300.00 Officer/Senior Technical Consultant Monthly invoices will be generated using the above billing rates andfield investigation unit rates. All subconsultant expenses are subject to handling/administrative charge of 10%. Other project related expenses(ODCs)are also subject to a 10%administrative surcharge. FY 2022 MS4 Permit Support Services A-1 City _Engineer BEAUM©NT TEXAS ATTACHMENT "B" LEVEL OF EFFORT BREAKDOWN FY 2022 MS4 Permit Support Services Attachment "B" Level of Effort Breakdown Project Management 95 $18,540 Project Planning and Coordination Meetings 125 $23,380 Monitoring(includes$60,000 for Chica forfield work assistance and $10,000 857 $100,265 for Envirodyne for lab services) MSGP Annual Compliance Inspections and Renewal 40 $6,480 Annual Report 208 $30,875 Stormwater Management Program Implementation (includes $5,000 for 283 $55,460 Seagull) Inspection Services 98 $15,000 Total 1,706 $250,000 Fy 2022 MS4 Permit Support Services B-1 _City _Engineer 6 October 12, 2021 Consider approving the purchase of one Case wheel loader for use in the Solid Waste Division BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 12, 2021 REQUESTED ACTION: Council consider a resolution approving the purchase of one Case wheel loader for use in the Solid Waste Division. BACKGROUND One Case wheel loader will be purchased from Associated Supply Company of Beaumont, Texas, in the amount of$209,046.90. This will replace Unit 5111, a 1992 John Deere 644E wheel loader, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. Pricing was obtained through Buyboard, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. Buyboard complies with State of Texas' procurement statutes. Manufacturer's warranty is twelve (12)months. Quote is attached. FUNDING SOURCE Solid Waste Fund. RECOMMENDATION Approval of the resolution. BuyBooraf quote ASSOCIATED SUPPLY COMPANY,INC. THE FOLLOWING OETALLSSMUL 9E PROVIOEO AEM ANY eUV OARO PURCHASE ORDER(EAX PURCHASE ORDER TO"2115454) BuyBoard Vendor:Associated Supply Company,Inc. Prepared By: Frank Priddy Mobile: 346.269.9166/713.822.1087 Phone: 713,649.0940 Email: ffi riddy@ascOee.tOm Fax: 713.427J411 Date Prepared: 9/30/2021 Government Agency: City of Beaumont Ship To: City of Beaumont Bill To: City of Beaumont 4655 Laff n Dr. Beaumont,Tx 77705 Contacts'Name: Jeff Harville Phone: 409.842.5885 Email: Jef.Hanille@beaumonfiexes aov Fax: 409.842.0851 Product Description: Case 721G ZBAR TS T4F BuyBoard Contract: 597-19 I.Price Ust Dated: 8/3/2020 Base Price: 311,999,00 II:Base Bid Options(Itemized Below( 4-speed transmission Bide Control Heavy duty axles $ 4,570.M Locking hydraulic for coupler Cooling system w/reversing fan Standard visibility bundle Standard hydraulic steering Joystick with one auxiliary function $ Standard fenders w/LH&RH steps $ 452.00 23.5x2513 radial tires $ 5,604.00 Enhanced Cab Comfort $ 1,444,00 Ejector type pre cleaner $ 441.00 SiteWatch w/3 yr.Advanced Subscription SUB-TOTAL: $ 12,511.00 SUB-TOTAL: $ Options List Price Total: $ 12,511.00 III.SUB-TOTAL OF I&II $ 324,510.00 IV.BuyBoard Discount: 31.00% $ 100,598.10 BUYBOARD CONTRACT PRICE: $ 223,911.90 V:NON-BASE OPTIONS Non-Base Options 1%1= 0.04 S cy.G rapple bucket $ 10,69500 SUB-TOTAL: $ 10,695.00 SUB-TOTAL $ VI:UNPUBLISHED OPTIONS ADDED TO CONTRACT PRICE(SUBTOTAL OF C0LT&C0L 2) $ 10,695.00 VII:TOTAL IV+VI $ 234,606.90 VIII:QUANTITY ORDERED UNITS: 1 $ 234,606.90 IX:TRADE-IN OR OTHER CREDIT(S): $ 25,560.00 $ 25,560.00 TOTAL: $ 209p46.90 FAX ALL PURCHASE ORDERS TO BUYSOARD AT 800-211-S4S4 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of one (1) Case wheel loader for use by the Solid Waste Division from Associated Supply Company, of Beaumont, Texas, in the amount of$209,046.90 through the BuyBoard Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2021. - Mayor Robin Mouton - October 12, 2021 Consider approving the purchase of three mowers for use in the Parks Department BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 12,.2021 REQUESTED ACTION: Council consider a resolution approving the purchase of three mowers for use in the Parks Department. BACKGROUND One John Deere 6700A PrecisionCut Fairway mower in the amount of$55,367.17 will be purchased for use at the Henry Homberg Golf Course. This will replace unit 4234, a 2012 Jacobsen LF570 Fairway Mower, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. One John Deere 2750 PrecisionCut Triplex mower in the amount of$40,572.84 will be purchased for use at the Henry Homberg Golf Course. This will replace unit 4373, a 2006 Jacobsen Greensking IV Greens mower, which has exceeded the expected service life and will be disposed of in accordance with the City's surplus equipment policy. One John Deere 2550 PrecisionCut Triplex mower in the amount of$36,896.09 will be purchased for use at the Henry Homberg Golf Course. . This will replace unit 4398, a 2013 Jacobsen Greensking IV Greens mower,which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. Total pricing, in the amount of$132,836.10, was obtained from Brookside Equipment Sales, of Houston, Texas, through the BuyBoard contract. BuyBoard is a cooperative purchasing association that complies with the State of Texas' procurement statutes. Manufacturer's warranty is twelve (12) months. Quote is attached. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. JOHN DEERS O lR49 ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO(VENDOR): TO DELIVERING DEALER: Deere&Company Brookside Equipment Sales 2000 John Deere Run 3715 S Sam Houston Pkwy E Cary, NC 27513 Houston,TX 77047 FED ID:36-2382580; DUNS#: 60-7690989 713-943-7100 nickerson.patrick@brooksideusa.com Quote Summary Prepared For: Delivering Dealer: HENRY HOMBERG GOLF COURSE Brookside Equipment Sales 5940 BABE ZAHARIAS DR Rodolfo Velasquez BEAUMONT, TX 77705 3715 S Sam Houston Pkwy E Business: 409-842-3220 Houston,TX 77047 Phone: 713-943-7100 velasquez.rodolfo@brooksideusa.com Quote 10: 25354882 Created On: 30 September 2021 Last Modified On: 30 September 2021 Expiration Date: 29 October 2021 Equipment Summary Suggested List Selling Price City Extended JOHN DEERE 6700A PrecisionCut $71,886.00 $55,367.17 X 1 = $55,367.17 Fairway Mower Contract: TX BuyBoard Grounds Mtnc Equip, Irrigation 611-20 (PG 67 CG 70) Price Effective Date: September 29,2021 JOHN DEERE 2750 PrecisionCut $ 52,692.00 $40,572.84 X 1 = $40,572.84 Triplex Mower Contract: TX BuyBoard Grounds Mtnc Equip, Irrigation 611-20 (PG 67 CG 70) Price Effective Date: September 29, 2021 JOHN DEERE 2550 PrecisionCut $47,917.00 $36,896.09 X 1 = $36,896.09 Triplex Mower Contract: TX BuyBoard Grounds Mtnc Equip, Irrigation 611-20(PG 67 CG 70) Price Effective Date: September 29, 2021 Equipment Total $132,836.10 `Includes Fees and Non-contract items Quote Summary Equipment Total $ 132,836.10 Trade In SubTotal $132,836.10 Est. Service $0.00 Agreement Tax Salesperson :X Accepted By:X Confidential aJ014N DEERE rog�As ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO(VENDOR): TO DELIVERING DEALER: Deere 8 Company Brookside Equipment Sales 2000 John Deere Run 3715 S Sam Houston Pkwy E Cary, NC 27513 Houston,TX 77047 FED ID:36-2382580; DUNS#: 60-7690989 713-943-7100 nickemon.patrick@hrooksideusa.com Total $ 132,836.10 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 132,836.10 Salesperson:X Accepted By:X Confidential RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of three (3) John Deere mowers for use by the Parks Department from Brookside Equipment Sales, of Houston, Texas, in the amount of$132,836.10 through the BuyBoard Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2021. - Mayor Robin Mouton - 8 October 12, 2021 Consider approving the award of a contract to Lark Group Inc. of Warren, Texas for the asbestos abatement and demolition of the structure located at 2600 Girolamo BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 12, 2021 REQUESTED ACTION: Council consider a resolution approving the award of a contract for the asbestos abatement and demolition of the structure located at 2600 Girolamo. BACKGROUND The City red tagged the structure located at 2600 Girolamo due to the unsafe condition. The owners have failed to make any repairs and the structure was presented to City Council and a raze order was issued. Bids were requested for the asbestos abatement and demolition of the structure. Six vendors were notified and four bids were submitted. Lark Group, Inc. of Warren Texas provided the low qualified bid in the total amount of$114,000. Bid tabulation is attached. FUNDING SOURCE General Fund RECOMMENDATION Approval of the resolution. CITY OF BEAUMONT,BEAUMONT TEXAS PURCHASING DIVISION BID TABULATION Commercial Asbestos Abatement,Demolition And Debris Removal of Bid Name: the Structure Located at 2600 Girolamo,Beaumont,Texas Bid Number: TF0821-33 Bid Opening: Thursday,September 9,2021 @ 2:00 P.M. Contact Person: Terry Welch,Purchasing Manager tenv we chOtheaumondmas toy Phone:409.880-3107 VENDOR CITY,STATE Lark Group Inc Inland Environments,LTD AAR Incorporated Woven,Tx 77664 Houston,Tx 77365 Houston,Tx 77041 FAX NUMBER 409-834-2002 281-354-7540 713-466-4234 AIIan Murphy Jed Landry Dwain Bankston CONTACT ADDRESS PRICE PRICE PRICE Cost for Asbestos Abatement,Per Scope of $43,50000 $38,880.00 $47,80000 Work Cost for Demolition and Removal of All Structures $20500.00 $85,29700 $87,80000 and Debris,per scope of ark Total Number of Calendar 60 Days 45 Days 42 Days Days to Complete Project Total Estimated Cost of $11400000 $124777.00 $135,600.00 Project: VENDOR K&F Demolition Inc CITY,STATE Houston,Tx 77015 FAX NUMBER 281-501-1302 Trinidad Gonul. CONTACT ADDRESS PRICE Cost for Asbestos Abatement,Per Scope of $59,325.00 Work Cost for Demolition and Removal of All Structures $90.94500 and Debris,Removal of All Concrete and Asphalt Total Number of Calendar 35 Days Data to Complete Project. Total Estimated Cost of $"1270.00 Project: Page 2 Bid Tabulation Commercial Asbestos Abatement,Demolition and Debris Removal of the Structure Located at 2600 Girolamo,Beaumont,Texas TF0821-33 Lowest Qualified Bidder Lark Group,Inc RESOLUTION NO. WHEREAS, bids was received for the asbestos abatement and demolition of a structure located at 2600 Girolamo Street; and, WHEREAS, Lark Group, Inc., of Warren, Texas, submitted a low qualified bid in the amount of$114,000.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Lark Group, Inc., of Warren, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to Lark Group, Inc., of Warren, Texas, in the amount of $114,000.00, for the asbestos abatement and demolition of the structure located at 2600 Girolamo Street; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Lark Group, Inc., of Warren, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2021. - Mayor Robin Mouton - 9 October 12, 2021 Consider a request to abandon a portion of Cottonwood Street located between Concord Road and St. Helena Street BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager .Ad do r Gs8 PREPARED BY: Chris Boone, Planning& Community Development Director MEETING DATE: October 12,2021 REQUESTED ACTION: Council consider a request to abandon a portion of Cottonwood Street located between Concord Road and St. Helena Street. BACKGROUND Don Barrel of Fittz& Shipman, Inc., is requesting the abandonment of Cottonwood Street between Concord Road and St. Helena Street. The Beaumont Independent School District would like to encompass this portion of Cottonwood in their new bus parking facility. The street currently cuts the existing facility in half. Gates would be installed to eliminate public access. Due to the proximity of the new fire station, the Fire Department is requesting that a Knox Gate System be installed for emergency access. At a Joint Public Hearing held on June 21, 2021, the Planning Commission recommended 6:0 to approve the request to abandon a portion of Cottonwood Street with the following conditions: 1. Retain existing utility easement for the water line. 2. Gates will require installation of Knox Gate System. 3. If approved, applicant shall obtain an appraisal and'I itle Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council's agenda. All of the required items for the third condition have been submitted. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Retain existing utility easement for the water line. 2. Gates will require installation of Knox Gate System. BEAUM© NT Planning& Community Development Case Type:Planning and Zoning Case Status:REVIEW Case Sub Type:Abandonment Tag Name:Abandon Cottonwood Ave Right-of-Way Case#: PZ2021-169 between St.Helena and Concord Location: 1900 COTTONWOOD AVE, BEAU,77703 Initiated On:6/1/2021 1:18:05PM Individuals listed on the record: Aonlicant Donald Burrell Home Phone:4098327238 1405 Cornerstone Court Work Phone: Beaumont, TX 77706 Cell Phone: 4097181625 E-Mail: dburrell@fittzshipman.com ProDerlV Owner Beaumont Isd Home Phone:4096175035 3395 Harrison Ave Work Phone: Beaumont,TX 77706 Cell Phone: E-Mail: phaynel@bmtisd.com Flood Zones Flood Zone X Construction Type Occupancy Type Fire District Notes: Case Type:Planning and Zoning Page 1 of 1 Case#:PZ2021-169 Printed On:6/2/2021 Fittz & Shipman NC. Consul ing Engineers and Land Sumeavois Ronald D Fittz,P,E,R.P.L.S.D948-1987) Terry G.Shipman,P.E.,Senior Consultant Daniel A.Dotson,P.E.,President Bernardino D.Tristan,P.E.,Chief Executive Officer Donald R.King,P.E.,Vice President May 26, 2021 City of Beaumont Planning Division 801 Main Street Ste. 201 Beaumont, Texas 77701 This letter is being submitted, along with an Application For Right-Of-Way Abandonment, to provide reasons for the abandonment of a portion of Cottonwood Avenue between St. Helena Street and Concord Road. The section of right-of-way requested is shown in an attached Exhibit and more particularly described in an attached Field Note Description. The section of Cottonwood described is completely surrounded by one owner, the Beaumont Independent School District(BISD). BISD uses the property to park buses that are used for transporting students.The public very rarely uses this section of road and the abandonment will not hinder any local traffic patterns. BISD wishes to put a gate at either end of the existing street with access for buses, personnel, and First Responders only. Currently, BISD has three(3) sites around the city that house buses and Transportation Personnel.The overall future plan is to redevelop the adjacent property and utilize the entire block, including the area being requested, into one central location for all buses and personnel. Personnel will be located temporarily in modular offices on the adjacent properly, with buses stored in the existing stadium parking lot. There are existing City Utilities in the Right-of-Way and the Utility Easement will remain intact with no structures or encroachments proposed. If I can be of any further help, please let me know. Respectfully, ✓� Bernardino�P.E. 1405 Cornerstone Court-Beaumont,Texas 77706 (409)832-7238-Fax(409)832-7303 Texas aoard of Professional&,9meers Firm Na 1160.Texas Board of Professional land Snrveyms Firm No. 700786 APPLICATION FOR PUBLIC RIGHT-OF-WAY,ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date: May 26 , 2021 We,the undersigned,being the sole owners of all the property abutting the proposed abandonment of Cottonwood Avenue right—of—way between St. Helena Street and Concord Street ,hereby respectfully petition that the right-of-way,alley,or utility casement be closed and abandoned. OWNER and ADDRESS Lot Block Addition (tract) (tax plat) (survey) Beaumont Independent School Di Rtri t—__ 2445 Concord �// �Peggy Baynes 11/,,._ NOTE: Please print or type your name and then use signature. Separate shects may be used. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF COTTONWOOD STREET LOCATED BETWEEN CONCORD ROAD AND ST. HELENA STREET, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Don Burrel, of Fittz & Shipman, Inc., and on behalf of The Beaumont Independent School District, has requested the abandonment of a portion of Cottonwood Street located between Concord Road and St. Helena Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the portion of the street is not necessary for municipal street purposes and the abandonment of said portion of the street is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, THAT a portion of Cottonwood Street located between Concord Road and St. Helena Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2021. - Mayor Robin Mouton - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 0.51 acre tract of land lying in the JAMES DRAKE SURVEY,Abstract No. 18 in Jefferson County,Texas,being a portion of that certain 0.9786 acre tract also identified as"Tract Two" and also being a portion of that certain 1.865 acre tract also identified as "Tract One" referenced in an instrument to Beaumont Independent School District of record in County Clerk's File No. 2005025845 of the Official Public Records of Jefferson County, Texas, said 0.51 acres of land being more particularly described as follows: BEGINNING at a 1/2"Rod set("F&S 409 832-7238")marking the West line of Concord Road(a called 60' public roadway), the East line of said 1.865 acre tract (Tract Two) and being the Northeast corner of the herein described tract,having Texas State Plane Coordinate values of N: 13,936,073.02 and E: 3,421,949.17'; THENCE S 42037'44"E along and with the West line of said Concord Road, the East line of said 1.865 acre tract(Tract Two), the East line of said 0.9786 acre tract (Tract One) and with the East line of the herein described tract for a distance of 60.03 feet to a 1/2" Rod set ("F&S 409 832-7238") marking the beginning of a curve to the right and being the Southeast corner of the herein described tract; THENCE with said curve to the right (having a radius of 22,336.03 feet, a chord bearing of N 45°38'05" E and a chord distance of 86.04 feet) for a distance along an arc 86.04 feet marking end of said curve to the right, the beginning of curve to the right and being an angle point on the South line of the herein described tract; THENCE with said curve to the right (having a radius of 783.26 feet, a chord bearing of N 46°20'44" E and a chord distance of 16.42 feet) for a distance along an are 16.42 feet marking the end of said curve to the right,the beginning of curve to the right and being an angle point on the South line of the herein described tract; THENCE with said curve to the right (having a radius of 163.33 feet, a chord bearing of N 49°23'00" E and a chord distance of 13.89 feet) for a distance along an are 13.89 feet marking the end of said curve to the right,the beginning of curve to the right and being an angle point on the South line of the herein described tract; THENCE with said curve to the right (having a radius of 2,032.89 feet, a chord bearing of N 52026'56" E and a chord distance of 44.61 feet) for a distance along an are 44.61 feet marking the end of said curve to the right,the beginning of curve to the right and being an angle point on the South line of the herein described tract; THENCE with said curve to the right (having a radius of 244.64 feet, a chord bearing of N 56°33'12"E and a chord distance of 29.66 feet) for a distance along an arc 29.68 feet marking the end of said curve to the right,the beginning of curve to the right and being an angle point on the South line of the herein described tract; EXHIBIT "A" THENCE with said curve to the right (having a radius of 2,426.88 feet, a chord bearing of N 61°00'47" E and a chord distance of 87.20 feet) for a distance along an are 87.21 feet marking the end of said curve to the right,the beginning of curve to the right and being an angle point on the South line of the herein described tract; THENCE with said curve to the right (having a radius of 189.62 feet, a chord bearing of N 69018'43" E and a chord distance of 47.99 feet) for a distance along an are 48.12 feet marking the end of said curve to the right,the beginning of curve to the right and being an angle point on the South line of the herein described tract; THENCE with said curve to the right (having a radius of 523.24 feet, a chord bearing of N 80°06'27" E and a chord distance of 64.36 feet) for a distance along an are 64.40 feet marking the end of said curve to the right,the East line of St. Helena(a called 60'public roadway),the West line of said 0.9786 acre tract and being the Southwest comer of the herein described tract; THENCE N 03005'33" W along and with the East line of said St. Helena, the West line of said 0.9786 acre tract, the West line of said 1.865 acre tract and with the West line of the herein described tract for a distance of 60.11 feet marking the beginning of a curve to the left and being the Northwest corner of the herein described tract; THENCE with said curve to the left (having a radius of 463.24 feet, a chord bearing of N 79053'43" E and a chord distance of 53.55 feet) for a distance along an arc 53.58 feet marking the end of said curve to the left, the beginning of curve to the left and being an angle point on the North line of the herein described tract; THENCE with said curve to the left (having a radius of 129.62 feet, a chord bearing of N 69018'43"E and a chord distance of 32.80 feet) for a distance along an arc 32.89 feet marking the end of said curve to the left, the beginning of curve to the left and being an angle point on the North line of the herein described tract; THENCE with said curve to the left (having a radius of 2,366.88 feet, a chord bearing of N 61°00'38"E and a chord distance of 85.26 feet) for a distance along an are 85.26 feet marking the end of said curve to the left, the beginning of curve to the left and being an angle point on the North line of the herein described tract; THENCE with said curve to the left (having a radius of 184.64 feet, a chord bearing of N 56031'41" E and a chord distance of 22.23 feet) for a distance along an are 22.24 feet marking the end of said curve to the left,the beginning of curve to the left and being an angle point on the North line of the herein described tract; THENCE with said curve to the left (having a radius of 1,972.99 feet, a chord bearing of N 52°26'56" E and a chord distance of 43.29 feet) for a distance along an are 43.29 feet marking the end of said curve to the left, the beginning of curve to the left and being an angle point on the North line of the herein described tract; THENCE with said curve to the left (having a radius of 103.33 feet, a chord bearing of N 49023'00"E and a chord distance of 8.79 feet) for a distance along an arc 8.79 feet marking the end of said curve to the left,the beginning of curve to the left and being an angle point on the North line of the herein described tract; THENCE with said curve to the left (having a radius of 723.26 feet, a chord bearing of N 46°20'44"E and a chord distance of 15.16 feet) for a distance along an are 15.16 feet marking the end of said curve to the left,the beginning of curve to the left and being an angle point on the North line of the herein described tract; THENCE with said curve to the left(having a radius of 22,276.03 feet, a chord bearing of N 45°37'56"E and a chord distance of 87.74 feet) for a distance along an are 87.74 feet to the POINT AND PLACE OF BEGINNING, containing in area,0.51 acres of land,more or less. Z2021-169: Request to abandon a portion of Cottonwood Street. Applicant: Don Barrel of Fittz & Shipman, Inc. Location: 1900 block of Cottonwood Street 0 100 200 Feet k ) 9 I : PA ' t1. y C M, q� r sD .ua^ i4D `� N a .f _ rF. EXHIBIT "B" a -Cottonwood - Abandonment -Write a description for your map. c - � y Ui 4 Go gl --'Earth 800 ft EXHIBIT OF THE PROPOSED ABANDONMENT OF A PORTION OF COTTONWOOD AVENUE Laaaled in Beaumont, Jeiferscn County, fexos and being out of the JADES DRAKE SURVEY, Abstract No, 18 Curve Table crews N Radlus Curve Bearing oletnnce Length oella C1 223J6.03 N45'38'05"E 86.a4 66.04 000'13'IS" S Qa J b o/ C2 JB3.26 N46'20'44`E 16.42 1G.42 001'12'04" � fi C3 163.33 N49'23'00"E 13.G9 13.G9 004'52'27° C4 203269 N52'26'56"E 44.61 4Cal 001'IS'26" C5 2g4.64 N5033'12'E 29.66 29,G6 O06'SJ'oe' 40 4 "C6 242G.8B 1161'00'4J"E BJ.20 6Z21 002'03'32" CJ 169,G2 wag'18'43"E 4J.99 46.12 O14'32'20' O CO 523.24 N80'OB'D"E B4.36 64.40 WJ'OJ'OB" � � CY 46J.24 NJ9'S3'43"E 5A55 53.50 0069J'39" f.' G C10 129.fi2 N69'16'43"E 32.B0 3289 01 A'32k0' � QY C11 2366.88 N61'00'3B"E BS26 BS.R6 002'03'S0° d C12 104.64 N56'31'41"'E 2223 22.24 0065504" F��} CI3 1972A9 Beoumant independent N52'26'56"E 43.29 g3.29 O01'15'26" SCM1cu1 District C14 103d3 N49'23'00"E B.J9 6J9 Called 1665 Acres O04'SY2J" I a, Todd Tro C15 ]23.20 N46'IIC44"E 15.14 15.10 00112'04" u' CCF No. 2005025B45 CI6 22276.03 N4fr 56"E 87J4 a7.74 000-13'32" C3 C15 9enu,nonl Independent senanl District acted 0.9766 Acres I P.O.R. CCF PTrr.rt One256M15 N:13,080,398.57' ' 0 P.N.J.0 T. Et}.512.305.R9 (m S 4237'44" E 60.D3' SCALE: I" = 60' EXHIBIT PREPARED FOR: ooncord Road 56 !� eolol sd'v oxJ /T O off' tl..i(Ly ®6 Beall9PHont Nofee: L All bearings indicated hereon a e based n the Slate Plana Coondi vanale r Saclh Central nine 4204, Ir es - 9E OF l 2 Field Note Description of even dale rsP,pLiis%ry a;F9\ ace -ponies this su vey plot. Mitchell Lee Bmck'.n I, Mitchell Lee SiTexas Reyisterad l s.,.ao 5163 y:gi Professional Land Surveyor Na, 5163, do hereby `/ Rszsa+:y0 certify that this plat reflects a1 actual son_y made on the ground and a mldfo, I. lour and Sllft that the limits, boundaries,can, c ners o truly described Just as I found ondr set them. Given under my lmnd and seal on May 26, 2021 , 6nuvlrlM14>»6i^nnnMLmd.9uveae Mt h Lcer&ackm canrve6sroxE caae.,eenuNox.,T Reyistered Pmtersiunol Lund Surveyor No, 5163 6P.EFFNpIr Ba•iXLS�FIPM�MIUO Na p LO'Onrd,"Nr N,Rd.NIPA1AN,INL PUBLIC HEARING * Receive comments related to the property located at 885 Powell Street 10 October 12, 2021 Consider an ordinance declaring 885 Powell an Imminent Danger and order its immediate demolition and cleanup BEAUM© NT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Boone, Planhing&Community Development Director MEETING DATE: October 12, 2021 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance declaring 885 Powell an Imminent Danger and order its immediate demolition and cleanup. BACKGROUND 885 Powell (garage apartment) was `tagged" as unsafe on September 20, 2021. The new owner was making repairs to the structure and removed two of the load bearing walls. The structure then collapsed, causing a gas leak. Staff has coordinated with CenterPoint to disconnect the leaking gas line. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the ordinance. e � WJ r ' tF/ �� t• j 5 � _ ��ir Sop 2 ninn 'X 77709' •f a i=+ Sop 10. 2021 at 6cowtq 41 Sep 20. 2021 al FeaLlMon ;j a :r AW,` ot,,.. f t rah 6 5 ORDINANCE NO. ENTITLED AN ORDINANCE FINDING THE STRUCTURE (GARAGE APARTMENT) LOCATED AT 885 POWELL STREET TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND REMOVAL AS A CLEAR AND PRESENT DANGER TO PUBLIC SAFETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the accessory structure (garage apartment) at 885 Powell Street in the City of Beaumont has been inspected by the Building Codes Division and found to be an unsafe structure as defined by the City of Beaumont's Code of Ordinances Chapter 24, Article 24.04 Unsafe Substandard Structures as well as Division 1, Section 14.04.001 of the 2009 International Property Maintenance Code; and, WHEREAS, this structure collapsed, causing a gas leak, constituting a clear and present danger to said property and the public safety; and, WHEREAS, the City Council for the City of Beaumont is of the opinion that the demolition of said structure is necessary for the preservation of life and property in the City of Beaumont; 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. After a public hearing, the structure (garage apartment) located at 885 Powell Street is hereby found to be a public nuisance in that said building violates Chapter 24, Article 24.04 of the Code of Ordinances of the City of Beaumont and is forwent of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the above described building demolish and remove said structure within ten (10) days of the effective date of this ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action and assess the expenses of such demolition as a lien on the property as allowed by Texas Local Government Code, Section 214.0011(f). Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 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. Section 6. This ordinance shall become effective from and after its passage 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 12th day of October, 2021. - Mayor Robin Mouton - DISCUSSION ITEM * Review and discuss a proposal to utilize a private ambulance company to help respond to medical calls and be an extension of Beaumont Fire/EMS