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HomeMy WebLinkAbout05/24/2022 PACKETTEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, MAY 24, 2022 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Proclamations, Presentations and Recognitions- Presentation by Chad Seidel, PhD, P.E, of Corona Environmental Consulting on the findings of the Water System Assessment Study of Discolored Water Events * Public Coniment: Persons may speak on the Consent Agenda and Items 4-6 Consent Agenda 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 May 17, 2022 City Council Meeting Minutes B. Confirmation of board and commission member appointments Dohn H. LaBiche would be appointed as Chairman to the Historic Landmark Commission. The term would commence May 24, 2022 and expire May 23, 2023. (Mayor Robin Mouton) C. Authorize the hnterim City Manager to apply for and accept an American Rescue Plan Act Program (ARPA)-Texas Department of Transportation (TxDOT)- Aviation Division Grant D. Authorize the Interim City Manager to apply for and accept an Airports Coronavirus Response Grant Program (ACRGP) under provisions of the Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act from the Texas Department of Transportation (TxDOT) Aviation Division E. Authorize the Interim City Manager to execute Change Order No. 1 to the contract with Irwin Seating Company for the Civic Center Seating Replacement located at 701 Main Street F. Authorize the Interim City Manager to execute an Interlocal Agreement with the South East Texas Regional Plarming Commission for regional emergency notification registration G. Authorize the Interim City Manager to execute Change Order No. 3, accept maintenance, and authorize final payment to Brystar Contracting, Inc., for the Lift Station & W WTP Repair Tropical Storm Harvey WWTP Influent Lift Station (REBID) Project REGULAR AGENDA 1. Consider a request to rezone a property from PUD (Planned Unit Development) to LI (Light Industrial) for the property located south of Cardinal Drive and west of the City sewage treatment plant 2. Consider a request for a Specific Use Permit to allow a home daycare in an RS (Residential Single -Family) District for the property located at 1225 Glendale Street 3. Consider a request for a Specific Use Permit to allow an automotive paint and body shop in the GC -MD (General Commercial --- Multiple -Family Dwelling) District for the property located at 4145 College Street 4. Consider a request for an abandonment of a portion of Park Street, between Milam and Gilbert Streets 5. Consider an ordinance amending the FY 2022 Budget 6. Consider authorizing the Interim City Manager to award a contract to Texas Drainage, Inc., of Waller for the first phase of the FY 2022 City Wide Ditching Program PUBLIC HEARING Receive comments regarding the mandatory payment rate related to the Local Provider Participation Fund for FY 2022 7. Consider setting the mandatory payment rate related to the Local Provider Participation Fund for FY 2022 PUBLIC HEARING Receive comments on a determination of the Public Health Director that public health nuisances exist on the properties owned by Kevin Don Covel at 7050 Donna Lane; David Wayne Pinner at 3060 Charles St. and Gerard Montie, estate of Brian David Henry at 10295 Old Voth Road Consider a resolution finding and ratifying the determination of the Public Health Director that public health nuisances exist on the properties owned by Kevin Don Covel at 7050 Donna Lane; David Wayne Pinner at 3060 Charles St. and Gerard Montie, estate of Brian David Henry at 10295 Old Voth Road COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilineinbers/City Manager/City Attorney comment on various (natters EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: GADV, Inc. d/b/a L&L General Contractors vs. The City of Beaumont; Cause No. A-0207973 To discuss and/or deliberate economic development negotiations in accordance with Section 551,087 of the Government Code to wit; specifically: Project Deep Blue Project Mercury * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit; specifically: Land owned by the City of Beaumont at 701-555 Main, Beaumont, Jefferson County, Texas 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. I_1 TEXAS TO: City Council FROM: Chris Boone, I tetim City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: May 24, 2022 REQUESTED ACTION: Council consider approval of the May 17, 2022 City Council Meeting Minutes. 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 11 Audwin Samuel, Mayor Pro Tern MAY 17, 2022 Chris curio, Ward IV Tina Broussard, City Clerk Chris Boone, Interim City Manager Sharae Reed, City Attorney 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 May 17, 2022, 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 Recognition Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-4 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Jon Stouffer with First United Methodist 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 Tern Samuel, Councilmembers Durio, Getz, Turner, Feldschau and Neild. Also, present were Chris Boone, Interim City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "National Maritime Day" -- May 2022 — Proclamation read by Mayor Pro Tern Samuel; accepted by Ivan Mobley, Executive Director "Hurricane Preparedness Week" — May 15-21, 2022 -- Proclamation read by Mayor Mouton; accepted by Shaqueena Nobles, Deputy Emergency Management Coordinator and staff Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-4 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 May 10, 2022, City Council Meeting Minutes Minutes — May 17, 2022 B. Authorize the Interim City Manager to execute all related documents for the purchase of a 225 square feet Lift Station Easement with Beaumont Country Club, Inc. — Resolution 22-126 Councilmember Getz moved to approve the Consent Agenda. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED AGENDA 1. Consider a resolution establishing guidelines for a person submitting specific reapportionment proposals. The 2020 Census shows a total population decrease for the City of Beaumont to be 3,014 people since the time of the 2010 Census. This decrease in population triggers the responsibility of the City Council to evaluate what impact this decrease has on the four current single -member electoral wards of the city. The Council is recognizing its responsibility by engaging in the assistance of the Bojorquez Law Firm to determine the need to reapportion the wards in satisfaction federal and state law. It is helpful to the redistricting process to adopt criteria and guidelines that would assist the Council in its efforts to evaluate and adopt a fair and lawful reapportionment plan. In the event a plan is submitted to the City by the public, the guidelines established will ensure that each plan submitted will be given due consideration. Funds will come from the General Liability Fund. Approval of resolution. Councilmember Neild moved to ADOPT A RESOLUTION TO PROVIDE FOR THE ORDERLY CONSIDERATION AND EVALUATION OF REDISTRICTING PLANS WHICH MAY COME BEFORE CITY COUNCIL AND THAT THE GUIDELINES RELATE TO PERSONS OTHER THAN THE CITY OF BEAUMONT WHO HAVE SPECIFIC PROPOSED REDISTRICTING PLANS, THEY WISH THE CITY COUNCIL TO CONSIDER. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-127 Minutes — May 17, 2022 2. Consider a resolution adopting criteria for use in the reapportionment of Councilmember electoral wards. The 2020 Census shows a total population decrease for the City of Beaumont to be 3,014 people since the time of the 2010 Census. This decrease in population triggers the responsibility of the City Council to evaluate what impact this decrease has on the four current single -member electoral wards of the city. The Council is recognizing its responsibility by engaging in the assistance Of the Bojorquez Law Firm to determine the need to reapportion the wards in satisfaction federal and state law. It is helpful to the redistricting process to adopt criteria and guidelines that would assist the Council in its efforts to evaluate and adopt a fair and lawful reapportionment plan. In the event a plan is submitted to the City by the public, the guidelines established will ensure that each plan submitted will be given due consideration. Funds will come from the General Liability Fund. Approval of resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL OF THE CITY OF BEAUMONT HAS CERTAIN RESPONSIBILITIES FOR REDISTRICTING UNDER FEDERAL AND STATE LAW INCLUDING, BUT NOT LIMITED TO, AMENDMENTS 14 AND 15 TO THE UNITED STATES CONSTITUTION, AND THE VOTING RIGHTS ACT, 42 U.S.C.A. § 1973, ET SEQ,; AND THE TEXAS GOVERNMENT CODE §§ 2058.001 AND 2058.002 AND THE CITY COUNCIL HAS CERTAIN RESPONSIBILITIES FOR REDISTRICTING UNDER THE CITY CHARTER, ON REVIEW OF CURRENT DEMOGRAPHIC DATA IT APPEARS THAT A POPULATION IMBALANCE EXISTS REQUIRING REDISTRICTING OF THE CITY COUNCILMEMBER DISTRICTS AND IT IS THE INTENT OF THE CITY TO COMPLY WITH THE VOTING RIGHTS ACT AND WITH ALL OTHER RELEVANT LAW, INCLUDING SHAW V. RENO JURISPRUDENCE; AND A SET OF ESTABLISHED REDISTRICTING CRITERIA WILL SERVE AS A FRAMEWORK TO GUIDE THE CITY IN THE CONSIDERATION OF DISTRICTING PLANS; AND, ESTABLISHED CRITERIA WILL PROVIDE THE CITY A MEANS BY WHICH TO EVALUATE AND MEASU RE PROPOSED PLANS; AND, REDISTRICTING CRITERIA WILL ASSIST THE CITY IN ITS EFFORTS TO COMPLY WITH ALL APPLICABLE FEDERAL AND STATE LAW. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS; NONE MOTION PASSED Resolution 22-128 3. Consider approving a contract with JMPKL, INC., DBA The Lube Shop, to provide preventive maintenance for City vehicles. Bids were requested for an annual contract to provide preventive maintenance services such as oil changes, tire checks, fluid checks and grease checks. Specifications allow for a one- year contract with the option of two renewals of a one-year term at the same pricing as the awarded contract. Preventative maintenance services provided in this contract will cover approximately five hundred twenty (520) City vehicles. Minutes — May 17, 2022 ►_11 Bids were requested from twelve vendors with three responses. The Lube Shop submitted the lowest qualified bid with an estimated annual cost of $125,387.90. This pricing reflects an increase of approximately 5%. Lawe Inc. DBA Johnson's submitted a non -responsive, incomplete bid, with no signatures as required. Funds will come from the Fleet Fund. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY JMPKL, INC., DIBIA THE LUBE SHOP, OF BEAUMONT, TEXAS, FOR AN ANNUAL CONTRACT, WITH THE OPTION OF TWO (2) RENEWALS OF A ONE (1) YEAR TERM AT THE SAME PRICING AS THE AWARDED CONTRACT, FOR AUTOMOTIVE PREVENTATIVE MAINTENANCE FOR CITY -OWNED VEHICLES FOR AN ESTIMATED TOTAL ANNUAL EXPENDITURE OF $125,387.90, AND THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH JMPKL, INC., DIBIA THE LUBE SHOP, OF BEUAMONT, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-129 Consider authorizing the Interim City Manager to execute Change Order No. 1 to the contract with Greenscapes Six, LLC for the Concrete Pavement Repair City Wide Phase 11 Project, On February 15, 2022, by Resolution No. 22-056, City Council awarded a contract to Greenscapes Six, LLC, of Baytown, in the amount of $2,397,669.50, for the Concrete Pavement Repair City Wide Phase 11 Project. Proposed Change Order No. 1, in the amount of ($60,900.00), is needed to adjust quantities for 8" Concrete Repair and 6" Concrete Repair due to the existing concrete pavement depth on various streets. No additional days will be added to the contract for the additional work. if approved, Change Order No. 1 will result in a new contract amount of $2,336,769.50. Funds will come from the Capital Program and the Street Rehabilitation Program. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT CHANGE ORDER NO. 1, IN THE AMOUNT OF ($60,900.00), IS NECESSARY TO ADJUST QUANTITIES FOR 8" CONCRETE REPAIR DUE TO THE EXISTING CONCRETE PAVEMENT DEPTH ON VARIOUS STREETS, THEREBY DECREASING THE TOTAL CONTRACT AMOUNT TO $2,336,769.50, AND THATTHE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE, CHANGE ORDER NO. 1, IN THE AMOUNT OF ($60,000.00), FORADDITIONAL WORK, THEREBY DECREASING THE TOTAL CONTRACT AMOUNT TO $2,336,769.50 FOR THE CONCRETE PAVEMENT REPAIR CITY WIDE -PHASE 11 PROJECT. Councilmember Neild seconded the motion. Minutes — May 17, 2022 AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS; NONE MOTION PASSED Resolution 22-130 Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. COMMENTS Public Comments (Persons are limited to three minutes) Michael Finnell 3066 Cartwright Beaumont TX Stated that African Americans make up about 13% of the workforce in America, that's 36 million out of 278 million, invited anyone in the City of Beaumont and the surrounding area to his court hearing on .tune 7, 2022, at 10:00 a.m., at 300 Willow St., stated that the opposing attorneys are trying to get information from him in order to retaliate against the other African American's that are back in the refinery, made additional comments regarding the refinery, afraid that the refinery will try to retaliate against the African Americans that are still employed with the refinery, doesn't understand why the hates exist in this area, the refinery has the first and only black African American plant manager in the history of ExxonMobil in Beaumont and that's for a reason, the refinery knows he has the answer and they are trying to squeeze it out of him Councilmembers/City Manager/City Attorney comments On various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE MAYOR PRO TEM SAMUEL - IT'S A GREAT DAY IN 13EAUMONT COUNCILMEMBER FELDSCHAU - STATED THAT HURRICANE SEASON STARTS JUNE 1, 2022, ENCOURAGED CITIZENS TO PLEASE CONSIDER HURRICANE PREPAREDNESS, IT'S BEEN STATED THAT THERE WILL BE AN ABOVE AVERAGE SEASON SO PLEASE BE PREPARED COUNCILMEMBER TURNER - STATED TO THE INTERIM CITY MANAGER THAT ON LAST WEEK HE REQUESTED THE PROCESS TO REVIEW PARKS, WANTS TO KNOW HOW THE PROCESS WORKS, WHEN DO THEY GO OUT AND VIEW THE PARKS, ONCE SOMETHING IS FOUND THAT NEEDS TO BE REPAIRED OR REDONE WHAT'S THE NEXT STEP, IS A WORK ORDER REQUIRED, HE WANTS TO MAKE SURE THAT THE CITY IS Minutes --- May 17, 2022 KEPT OUT OF ANY LIABILITY WHEN KIDS ARE PLAYING ON THE EQUIPMENT COUNCILMEMBER GETZ - CONGRATULATED DEAN CONWELL AND EMILY WHEELER ON A GREAT HISPANIC HERITAGE FESTIVAL WHICH IS CALLED "ARTACO", WASN'T ABLE TO ATTEND BUT HEARD GREAT THINGS ABOUT HOW WELL IT WAS RECEIVED AND HOPE THEY CAN DO IT AGAIN NEXT YEAR, BIGGER AND BETTER COUNCILMEMBER DURIO - WAS ABLE TO ATTEND THE HISPANIC HERITAGE FESTIVAL "ARTACO" IT WAS VERY NICE, GREAT PEOPLE AND FOOD, STAFF DID A GREAT JOB PUTTING IT ON CITY ATTORNEY REED - NONE INTERIM CITY MANAGER BOONE - NONE MAYOR MOUTON - STATED THAT THE HISPANIC HERITAGE FESTIVAL WAS A GREAT SUCCESS, THANKED EMILY WHEELER AND DEAN CONWELL ON A JOB WELL DONE, WAS UNABLE TO ATTEND AS HER DAUGHTER GRADUATED FROM COLLEGE IN HOUSTON, WOULD HAVE LOVED TO ATTEND, COMMENTED ON THE EMERGENCY MANAGEMENT MEETING THAT SHE ATTENDED ON THIS MORNING, ENCOURAGED ALL CITIZENS TO PLEASE GET PREPARED, HURRICANE SEASON STARTS .TUNE 1, 2022, WANTS EVERYONE TO BE PREPARED BUT BELIEVES IN GOD THAT WE WILL NOT GET A HURRICANE, ASKED THAT EVERYONE THAT HASN'T TO PLEASE REGISTER THEIR CELL PHONES AND TO PLEASE MAKE SURE, THEY GET BATTERIES, WATER ETC., ASKED THAT EVERYONE KEEP THE CITIZENS OF BUFFALO NEW YORK IN PRAYER, THANKED EVERYONE FOR COMING OUT TODAY AND SPREAD THE LOVE Open session Of meeting recessed at 2:06 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: GADV, Inc. dlbla L&L General Contractors vs. The City of Beaumont; Causes No. A-0207973 Subrogation of Jaiden Smith Subrogation of Kendrick Fletcher Subrogation of Shaquala Mitchell Subrogation of Israel Aguilera Minutes -- May 17, 2022 Subrogation of Tyler Woods Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit; specifically: Land owned by the City of Beaumont at 701-555 Main, Beaumont, Jefferson County, Texas Robin Mouton, Mayor Tina Broussard, City Clerk Minutes — May 17, 2022 0 May 24, 2022 Confirmation of board and connmission member appointments RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Appointment Commission Beginning Expiration of Term of Term Dohn H. LaBiche Historic Landmark 04/24/2022 04123/2023 The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of May, 2022. - Mayor Robin Mouton - C TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Todd Sinioneaux, Chief Financial Officer MEETING DATE: May 24, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to apply for and accept an American Rescue Plan Act Program (ARPA)-Texas Department of Transportation (TxDOT)-Aviation Division Grant. BACKGROUND TxDOT's Aviation Division provides an AR -PA Gant to prevent, prepare for, and respond to coronavirus. Funds provided under this grant must only be used for purposes directly related to the airport. If approved, the grant funds will be used toward the City's operating costs at the Beaumont Municipal Airport including reimbursement of an airport's costs related to operations, personnel, cleaning, sanitization, janitorial services, and combating the spread of pathogens in accordance with the limitations prescribed in the Act FUNDING SOURCE TxDOT Aviation in the amount of $32,000. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Interim City Manager be and he is hereby authorized to apply for and accept funding for the City of Beaumont in an amount up to $32,000.00 from the Texas Department of Transportation (TXDOT) Aviation Division for an American Rescue Plan Act Program (ARPA) Grant. If approved, the grant funds will be used toward the City's operating costs at the Beaumont Municipal Airport including reimbursement of an airport's costs related to operations, personnel, cleaning, sanitization, janitorial services, and combating the spread of pathogens in accordance with the limitations prescribed in the Act. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of May, 2022. Mayor Robin Mouton- FC TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 24, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to apply for and accept an Airports Coronavirus Response Grant Program (ACRGP) under provisions of the Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act from the Texas Department of Transportation (TxDOT) Aviation Division. BACKGROUND TxDOT's Aviation Division provides an ACRGP Grant under provisions of the Coronavirus Response and Relief Supplemental Appropriations Act to prevent, prepare for, and respond to coronavirus. Funds provided under this Grant must only be used for purposes directly related to the airport. If approved, the grant fiends will be used toward the City's operating costs at the Beaumont Municipal Airport including reimbursement of the airport's costs related to operations, personnel, cleaning, sanitization, janitorial services, and combating the spread of pathogens in accordance with the limitations prescribed in the Act FUNDING SOURCE TxDOT Aviation in the amount of $13,000, RECOMMENDATION Approval of the resolution, RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Interim City Manager be and he is hereby authorized to apply for and accept funding for the City of Beaumont in an amount up to $13,000.00 from the Texas Department of Transportation (TXDOT) Aviation Division for an Airports Coronavirus Response Grant Program (ACRGP) under provisions of the Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act from the Texas Department of Transportation (TXDOT) Aviation Division. If accepted funds will be used toward the City`s operating costs at the Beaumont Municipal Airport including reimbursement of the airport's costs related to operations, personnel, cleaning, sanitization, janitorial services, and combating the spread of pathogens in accordance with the limitations prescribed in the Act. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of May, 2022. - Mayor Robin Mouton- E TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Keith Folsom, facilities Maintenance Director R MEETING DATE: May 24, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to execute Change Order No. 1 to the contract with Irwin Seating Company for the Civic Center Seating Replacement located at 701 Main Street. �:[� -XW 01 ul On November 9, 2021, by Resolution No. 21-305, City Council awarded a contract to Irwin Seating Company, of Grand Rapids, Michigan, in the amount of $389,923.61 for the replacement of the Civic Center Seating. Change Order No. 1 resulted from the reduction of the overall seat count and the installation of fourteen (14) oversized seats. Irwin Seating Company's initial proposal included a total of 1,827 seats. The revised seat count is 1,552 and the seat count reduction resulted from the elimination of the north side seating, the installation of fourteen (14) extra wide seats, and the use of a 24" wide seat as much as possible on each row of seating. This adjustment in the scope of work results in a decrease of $38,658.03 (9.9% reduction) and a new contract value of $351,265.58. Approval of Change Order No. 1 in the deductive amount of $38,658.03 is recommended. FUNDING SOURCE Capital Reserve RECOMMENDATION Approval of the resolution. Irwin LLLLLLL11 i��'g1tin May 9, 2022 O.+1g., Chanize Order To: City of Beaumont From: Irwin Seating Company 3251 Fruit Ridge Road NW Grand Rapids, MI 49544 • Change Order # 001 • Purchase Order # 421814 Quantity Description Unit Price Total NET Change order to lower overall seat count to (1552) ($38,658 03) (38'6a8'il3) seats and. to add (14) 24B Loveseats, Change SubTotal ($38,658,03) Original PO Amount $389,923.61 New PO Amount $351,265.58 VENDOR APPROVAL: DATE: RESOLUTION NO. WHEREAS, on November 9, 2021 the City Council of the City of Beaumont passed Resolution No. 21-305 awarding a contract in the amount of $389,923,61, to Irwin Seating Company, of Grand Rapids, Michigan, for the replacement of the seating for the Civic Center; and, WHEREAS, Change Order No. 1, in the amount of ($38,658.03), is necessary for the reduction of the overall seat count and the installation of fourteen (14) oversized seats. Irwin Seating Company's initial proposal included a total of 1,827 seats, and the revised seat count is 1,552 and the seat count reduction resulted from the elimination of the north side seating, the installation of fourteen (14) extra wide seats, and the use of a 24" wide seat as much as possible on each row of seating. 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 Interim City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of ($38,658.03), thereby decreasing the total contract amount to $351,265.58 for the Civic Center seating replacement, The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of May, 2022, - Mayor Robin Mouton - F TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: May 24, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to execute an Interlocal Agreement with the South East Texas Regional Planning Connnission for regional emergency notification registration. BACKGROUND The City provides for emergency alerting for citizens, employees, and emergency operations staff via cell phone and landline registration through an agreement with the South. East Texas Regional Planning Connnission (SETRPC). This agreement would provide for 3-1-1 to facilitate regional registrations, which are currently provided by SETRPC, Registrations would be conducted during 3-1-l's normal business hours. FUNDING SOURCE The City would receive $1.60 per non -Beaumont registrant. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Interim City Manager be and he is hereby authorized to execute an Interlocal Agreement between the City of Beaumont and the Southeast Texas Regional Planning Commission (SETRPC) for 3-1-1 to facilitate regional registration for emergency notifications which are currently provided by SETRPC. 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 24th day of May, 2022. - Mayor Robin Mouton - Emergency Alerting Network Emergency Alert Registration Interlocal Agreement This Agreement is entered into between the South East Texas Regional Planning Commission (referred to herein as SETRPC) and the City Beaumont (referred to herein as Beaumont). WHEREAS, Beaumont currently has infrastructure in place to handle the call -taking process for regional emergency notification registration, and; WHEREAS, Beaumont agrees to receive calls within the SETRPC Blackboard Connect contract, which includes incorporated and un-incorporated areas in Hardin, Jefferson, and Orange County, and; WHEREAS, Beaumont will receive $1.60 per caller registered non -Beaumont addresses. Emails and Voice Mails would be classified as "calls" for the purpose of billing, and; WHEREAS, Beaumont Emergency Management will facilitate all Blackboard Connect system inputs and will process the billing invoice for all non -Beaumont calls on a monthly basis, and WHEREAS, SETRPC is expected to remit payment within 30 days. In the event of a disaster that disrupts normal business operations, SETRPC will process payment to the City of Beaumont within 30 days of SETRPC's business resumption. WHEREAS, to receive calls and emails, Beaumont will use personnel from the Beaumont 311 division; WHEREAS, during off -hours, the phone system will be set to prompt people to leave appropriate information for callbacks the next duty day, and; WHEREAS, SETRPC will explore contracting with a commercial call center to assist in the event of an emergency such as the recent TPC event that would result in an abnormally large number of after hours calls, and; WHEREAS, phone messages or calls to the STAN toll -free number would be auto -forwarded from SETRPC to 409--654-3620, and; WHEREAS, Beaumont would input registration requests via direct phone communication, email and phone messages and Beaumont 311 staff would conduct any follow-up questions if required data is missing, and; WHEREAS, Beaumont recommends, if possible, that STAN adds an email option to submit emergency notification registration requests on a template form that would already have the appropriate data fields. This form can be put on websites of desiring jurisdictions to auto -post to a SETRPC or STAN email address to be auto -forwarded as desired. This could be auto -forwarded to the normal email complaint line already established for Beaumont 311. Emails to Beaumont 311 would forward to 311(o)-beaumonttexas.gov, and; WHEREAS, in anticipation of an approaching hazard such as a hurricane, Beaumont understands that the call volume is likely to increase, and; WHEREAS, Beaumont would request a one (1) week notice of any pre -planned emergency registration outreach messages, and would expect immpwliate notification upon discovering an incident Exhibit "A" or threat that would likely encourage significant registration by any jurisdiction within the regional contract, and; WHEREAS, Beaumont will not accept handwritten data solicited by other jurisdictions, and; WHEREAS, Beaumont will agree to import regional registration data into Blackboard Connect if appropriate authorities permit, or will forward the import via email to designated SETRPC EM staff for import as necessary and is still billable registrations by Beaumont, and; WHEREAS, uploads will be made on a minimum of bimonthly basis; however, when the call load increases, imports will be made on a more frequent basis, and; WHEREAS, this notification from SETRPC to Beaumont would be via email and/or phone call to the Beaumont Office of Emergency Management requesting that the call center be upstaffed by any method Beaumont deems appropriate and any registration information currently in the que be imported into the Blackboard Connect system urgently, and; WHEREAS, SETRPC will coordinate with Blackboard Connect to provide an appropriate excel import format to enable registrants to be categorized to the appropriate "site" within the SETRPC contract. Additionally, protocols will be required from SETRPC for designating geo-coding for those registrants who have a city address, but are located in an unincorporated area of a County under the SETRPC contract. Registrants who do not wish to provide an address will at a minimum be required to provide a jurisdiction ("Site") location to be uploaded, and; WHEREAS, either party can amend this agreement by mutual consent, and; WHEREAS, either party can cancel the agreement, with or without cause, by providing 60-days written notice. WHEREAS, this agreement will be active for a period not to exceed one (1) year from the date of execution with two one-year options to renew. This Agreement supersedes any and all other agreements, either oral or in writing between the parties hereto with respect to the subject matter hereof, and no other agreement, statement or promises, related to the subject matter of this Agreement which is not contained herein shall be valid or binding. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed as of the last date signed below. Shanna Burke, Executive director South East Texas Regional Planning Commission Chris Boone, Interim City Manager City of Beaumont 05/1 8/2022 Date Date G TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: May 24, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to execute Change Order No. 3, accept maintenance, and authorize final payment to Brystar Contracting, Inc., for the Lift Station & WWTP Repair Tropical Storm Harvey WWTP Influent Lift Station (REBID) Project. BACKGROUND On April 13, 2021, by Resolution 21-093, City Council awarded a contract to Brystar Contracting, Inc. of Beaumont, for the Lift Station & WWTP Repair Tropical Storm Harvey WWTP Influent Lift Station (REBID) Project in the amount of $169,430.00. Previous Change Order Nos. 1-2, in the amount of $35,915.00, are attached for your review. Proposed Change Order No. 3, in the amount of ($10,000.00), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. A total of forty-three (43) calendar days will be added to the contract time. If approved, the final contract amount will be $195,345.00 The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order No. 3, maintenance, and final payment in the amount of $9,767.25 is recommended. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on April 13, 2021 the City Council of the City of Beaumont passed Resolution No. 21-093 awarding a contract in the amount of $169,430.00 to Brystar Contracting, Inc., of Beaumont, Texas, for the Lift Station & WWTP Repair Tropical Storm Harvey WWTP Influent lift Station (REBID) Project; and, WHEREAS, on June 4, 2021, the City Manager executed Change Order No. 1, in the amount of $0.00, to include 4' x 2' x 7" tall steps at the stairs flood wall and to encase as existing handrail in the flood wall, thereby having no effect on the total contract amount of $169,430.00; and, WHEREAS, Change Order No. 2, in the amount of $35,915.00, is necessary to provide additional ditch rehabilitation along Lafin Road to improve drainage at the plant entrance, thereby increasing the total contract amount to $205,345.00; WHEREAS, Change Order No. 3, in the amount of ($10,000.00), is necessary to adjust the.estimated quantities in the contract to reflect the actual quantities used in the completion of the project. A total of forty-three (43) calendar days will be added to the contract time. If approved, the final contract amount will be $195,345.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the Interim City Manager be and he is hereby authorized to execute Change Order No. 3, in the amount of ($10,000.00) for the work described above, thereby decreasing the total contract amount to $195,345.00 for the Lift Station & WWTP Repair Tropical Storm Harvey WWTP Influent lift Station (REBID) 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 24th day of May, 2022. - Mayor Robin Mouton - RESOLUTION NO.22-004 WHEREAS,, on April 13, 2021 the City Council of the City of Beaumont, Texas passed Resolution No. 21-093 awarding a contract in the amount of $169,430,00 to Brystar Contracting, Inc, of Beaumont, Texas, for the Lift Station & WWTP Repair Tropical Storm Harvey WWTP Influent Lift Station (REBID) Project; and, WHEREAS, on June 4, 2021, the City Manager executed Change Order No. 1, in the amount of $0.0Q, to include 4` x 2' x 7" tall steps at the stairs flood wall and to encase . as existing handrail in the flood wall, thereby having no effect on the total contract amount of $169,430.00; and, WHEREAS,�.Change Order No. 2, in -the amount -of $35,915.00, is necessary to provide additional ditch rehabilitation along Lafin Road to improve drainage at. the plant entrance, thereby increasing the total contract amount.to $205,345.00;' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute. Change Order No., 2, in, the amount of $35,916.00 for the additional work described above, thereby increasing the total contract amount to $205,345.00 for the Lift Station & WWTP Repair Tropical Storm Harvey WWTP Influent Lift Station (REBID) 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. Exhibit "A" PASSED BY THE CITY COUNCIL of the City of Beaumont this the.1 Ith day of January, 2022. -Mayor Rabin Mouton APPROVAL OFC❑NTRACTCHANCE CHANCE ORDER No. Three (3) & Final OATEi March24,2022 PROJECT= City of Beavmant, Texas Lilt Station & WINTP Repalrs Tropfcal Storm He rvey WWTP Influent Uft Slatlon - REBID Bid No. WV0221.15 / FEMA Project No.13335 OWNERI City of Beaumont, Texas 801 Main $treat Beaumont, TOM 77704 CONTRACTORt Drystar Contracting, Inc. 8385 College street Beaumont, Texas 77706 TO THE OWNERS Approval of the following contract change Is requested. Reason forChangei To adjust final bid Item quantities ORIGINAJ.CONTRACTAMOUNTs S 169.430.00 REVISED CONTRACTAMOIINTPER PREVIOUS CIIANQEQR©ER5 THIS CHANGE ORDER 13 Allowanca • DELETE iLS g $10,004.00/LS $ (io,000,00j TOTAL AMOUNTOFTHISCHANGE ORDEM $ (iD,000.100) TOTAL REUMI)CONTRACTAMOUNTINCLIJDING THIS CHAN090ADEM S 195,345,00 PERCENT OF TH ISCHANGE ORDER .S. 0% TOTAL PERCENT CHANGEORM TO DATE ".30% CONTRACTTIM! Odainal Contrast Time; 120 cafen dar days Revised Contract Time per Previous Change orders 240 calendardays THISCHANGEORDER Additional Contract rime Requested due W Weather relays 7 calendar days Additional Contract time Requested due delay fn approval of cHOz 36 calendar days RevlsedContrattlrimoi 283 calondor days CONDITIONOFCHATiGEi "Contractor acknowledges end agrees that the adjustments In contract price and contrast time stipulated In this Change order represents full compensation for elf Increases and decreases In the cost of, and the time required to perform the erillre work under the Contract arlsing directly or Indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an eareement between owner and Contractor that dte Chance Order represents an all Inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order afterft Is prop edy oxetuted ^ septa by.,� Revlewed6Yt Revf by. JJrystar Coistre�ing, Inca AmaBaVilfarreal, P.E. ar Oartkowlak Contrador City Engineer Director or Public Works and Techno`l/og�yy Serv€%cfe�s�y nett %sIszz' Rocom ande Approved by; " Attested by: Chris Poona Interim City Monager Dalai Page 1 of 1 Tina Broussard City Clerk AP0110VAL OF CQNTRACTCHANGE DATE:, Daiefmljerl,': PltolECTi IfIty of 8eaumo1q, Texas tilt ' Statto & WMTP Repairs Tropftol Storm Harvey WWTF Influent L(ft Station - REBID Bid No. W0221-15 / FEMA Projest No. 13335 OWNER City of 0eDIJ4106t, Texas 801 Main street 00tiniont, Texas 77704 CONTRAGTORt OrMor Conlractins, Inc, I 630614ega$t rea t 0 . eauihont,'TeXaS 777d6 70 THE OWNER, App(ovot of the following contract change Is requestdcl. .0.0as6n �or Chanao: ToprovIda dlich rehabilltalloo along Lefin Road from stallom 7*50 to 20106, Including removal and replacement of co dily'awAy 0�d 490 of its" RCP, removal and disposal of tiro existing 12" HVPE pipe and Hyoro,mulchlns 6RIGIN�41. CONTRACTRMOUINT; R EVISEO'CONTRACT AMOUNT PERCHANCE On DEq No, I THIS C"Llw ORDER 14 Prov1d I a dfitli rehWIltation, along Lp[n Road, from Sid 71.50' to 51P 20400 Including removal and raplac?rnent cif concrete driveway end 421t of 181! RCP, removal and disposal of ilia existing li" HbVE pipe a d H d I mulch the dlt.ch: ADD $35,915.00/1-5 TOWAMOUNTO177' I5CHANGEORpEfij I , -T. 30 TOTAL REVISED C40NI qACTAfA 9UNTINC(UDINQ THIS CHAN EORDSO� KUHN' 61�7111S CHANGE ORDER TO7% 41 CONTOA","M TIE Orlglniil Addlilonal Contract 71 a per Previous Chan AddJ11, I tqntiact I a pbrthts Chanie ojdcfsi i" TlroaWong for (loadFates and . aulldjngto Or( . Iva (0/25/21 to 11/7/21) m dt.aindke work glong. L.oflq Road Ditch (stay7 sta 2000) O)NDITIM'UP CHANG i "t 6ntrrsc�dr acknowledges andiagiaeithat the ad,lustmentj in i6'ntigtpIc4 and contract: time comrrarisegon dot all irlf'rea4s and - sei 16 64rind cosfof, 1ia tlrkreq'ulrid In o perfori . 4 the oilridlr'a tlyftom this dhahj6 6rder'indali , previoug C'fi'i'angaOrders; -' ccjpjen ge bf tllsw0jv'er 1r that the change Orde? tepretallsian InduslVe, rhuti6lly ajrpad Op6h hjilAtmp�t to tights f31 alniQ }his Chang6 order after It Is 1ropaIvfxecuted" Ace adUyt i ,law Reylawid by: .9 r acting".Incl Colnlra'6 Villaftea lip.F; .1 - : � - City Eng haer Date' bate; ppeoved by: M Kyle "Pyas EagitTeer C49 Man ' poer Page 1 of I U. ceiendardays 45.'00 Ali . fT YA Ittj In tills Clia 6i46i�unjir I, it allsk I 4h ON'S 6 a 0 t 81''ea OWqa .. 1 ' oilt(iit'ji,l�Odt at '. A j: APPROVAL OF CONTRACT CHANGE CHANGE ORDER No, .One (1) DATE: May.27, 2021 PROJ ECTt City of Bea unfont, Texas Lift 5tat#on & WWTP Repairs Trap€cal Storm Haraey WWIP Influent Lift 5tatlon - REOID Old No. WU0221-15f FEMAPro] ect No, M35 OWNER, City of Beaumont, Texas Rol Main street 'Beaumont, Texas 77701 CONTRACTOR: Brystar Cantracting, lric. 8385 College Street Beaumont, Texas 77706 TOTHE OWNt:ftl Approva€ of the following contract change Is requested. Reason fat Change: To Include a 4' x 2' x 7" tall step at.the stairs flood wall, and encase existing handrail In flood wall, ORIGINAL CONTRACT AMOUNT: TOTAL AMOUNT OF THIS CHANGE ORIiEft No. A TOTAL REVISED CONTRACT AMOUNT JNCLUD€NG'THIS CHANGE ORDER CONTRACT TIME Original Contract T#Me: Additional ContractTlme Requested this.change order Revlsed Contract Time pair this Change order 1S9 430.00 S o.QQ $ 159.430.OQ 120 calendar days 0 calendar days 120 calendar days CONDITION OF CHANGE: "Contractor acknoWledses and agrees that the adjustments In contract price and contract time stipulated In this Change Order represents "full compensation for all Increases and decreases in the cost off and the time required to perform the entire work under the Contract arising directly or indirectly jrom this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all Incluslve, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to f le a claim on this Change Order after It is properly executed." Rec nded Schaumburg & Pp Inc Engineer Dates Approved IL � L city of neoufnant Owner Dates A Page 1 of 1 Accepte : r� 4 13 st ns cling, Inc, Z ract�rr !� o n o n 1, . '. r'• Y 1'"' Y Y "II'll I1*111 Iff d Q O z O �Z 0 0 k a 0 a n a o6 d { 6 30.t Mil Ld a � �t 1408 E fAu4.°' o t cwnz �� a �E pa 60 tr a Q z Q a FA O O �, aA N: 8 —Z LL ti ol d E lu z 0 z w 8 ill 8 9 Po C3 0 0 Ci 16 'A 49 0 U) U) 14 0 E9 44 0 0 s 9 V4, 0 0 0 a 0 0 43 "VII 7) 0 74- 7.7' 0 EL c c cl 0 o Cgo 44: 0 N V) 49 0 0 0 w 49 0) to w C4 C; 0 cs O dpp 0 0 0 ci a a C 0 epi o r o ~ 8 8= �R: 4 W, 7 N (0 E. 69 En 0 W "N. LLI G z v a 1w, (9 z 0 0U ULU 2 rL 0 Ei 0 li OL a CR cq 0; WI 691 tfil Va I,Ol 40 1 May 24, 2022 Consider a request to rezone a property from PUD (Planned Unit Development) to LT (Light Industrial) for the property located south of Cardinal Drive and west of the City sewage treatment plant A TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Chris Boone, Interim City Manager MEETING DATE: May 24, 2022 REQUESTED ACTION: Council consider a request to rezone a property from PUD (Planiied Unit Development) to LI (Light Industrial) for the property located south of Cardinal Drive and west of the City sewage treatment plant. BACKGROUND Gerald W. Farha on behalf of B & L International L.L.C. is requesting a zone change for 40 acres of land located south of Cardinal Drive and west of the City Sewage treatment plant. Mr. Farha weld like to rezone the property from PUD (Planned Unit Development) to LI (Light Industrial) District. B & L International, L.L.C. has plans for an industrial development at this location, and currently owns 180 acres of land in the area. All of the surrounding land is already zoned LI (Light Industrial) and is vacant. At a Joint Public Hearing held on May 16, 2022, the Planning Commission recommended 7:0 to approve the request to rezone a property from PUD (Planned Unit Development) to LI (Light Industrial) for the property located south of Cardinal Drive and west of the City sewage treatment plant. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED SOUTH OF CARDINAL DRIVE AND WEST OF THE CITY SEWAGE TREATMENT PLANT, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned PUD (Planned Unit Development) District to Ll (Light Industrial) District for property located at South of Cardinal Drive and West of the City Sewage Plant being Tract 51 James Rowe survey, abstract 51, Beaumont, Jefferson County, Texas, containing 40.0 acres, more or less as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 51 James Rouge Survey, Abstract 51, Beaumont, Jefferson, County, Texas, containing, 40.0 acres, more ox less. BEAUMONT plarnling o4 Community Developmeiit Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Rezone Tag Name: JCADA 408149 Case #: PZ2022-140 Initiated On: 4f812022 1:66',OOPM Location: Individuals listed on the record: Applicant Gerald W. Farha Home Phone: 990 22nd Street Work Phone: Beaumont, TX 77706 Cell Phone: 409-781-3172 E-Mall: gwfarha@gmall.com Property Owner B & L International, LLC Home Phone: 9405 College, Suite Work Phone: Beaumont, TX 77706 Cell Phone: 409-284-5886 E-Mall: rcwalker54@yahoa.com Legal Description 180 acres being part of the Samuel Silvers Survey, Abstract 51 and the James Rowe Survey, Abstract 46. City of Beaumont, Jefferson County, Texas, Number of Acres 40.00 Proposed Use Light Industrial Notes: Case Type: Planning and Zoning Case fit: PZ2022-140 Exhibit "A" Page Iof1 Printed On: 412012022 To Whom it May Concern: The Applicant is acting as an agent to request the attached 40 acres out of the owners 180 acres be rezoned from a PUD back to it's original LI or Light Industrial zoning. The owners are under contract to sell the parcel to a user that requires the Ll zoning. For some reason in about 2014 the property was being considered for a mixe use development and the 40 acres was going to be a buffer from the City of Beaumont's landfill or waste area. Subsequently that buffer is no longer needed as the use will be entirely industrial. We respectfully ask the zoning simply put back to it's original purpose and use. This meets all the requirements of the city's guidelines for re -zoning. Respectfully submitted, m6+-- Gerald W. Farha Agent for B & L Internatlonal, LLC EXHIBIT A •y� Y ;S �B EDG6E ��EE00EOEE9998@I� son 00 r � u� �r�7Cf j.9 > E L ygF ` K EE R F� l� 1s G Yi •��yyr�� 9i U I � I I VS t � � 4 �[ yyy Ly! � \Y. fl � If EXHIBIT °B" 12 G PZ2022-1 40: Regnest to rezone a property from PUD (Planned Unit Development) to LZ (Light Industrial) or a more restrictive district. Applicant: Gerald W, Farlia representing B&L International Location: South of Cardinal D�•ive and west of the City sewage treatment plant, 01 o2oa=0 lii 1 ! (Feet s"W r� i.." r, J. � �> •v i ''' x �€4 �.� P '�lstiP ,'Z aa 3*. ."�,t �� :y ��..'F•,' S 1 f.. ViL.�s-.� ��H� 3jt;r✓� l * I RIM 3 Ki m to g�n�f rQVI L W n��� s,• � � "� 1, aid � N f �' ,� X s?•rs�.�. y '`r i['F 5.� I 1 1p�, MWMZ mf • r� �y� liv. ar t,/ Iq�� e�771 l� n� 4 a I �, �Q � A _:� �t 1 � r �4, � � r �'•'��' �! ��tl r ��`;�,�n _ Mae � --T •" ,� i II I :8 ^if � •� a � 1 �' IJ":. i F\"jam b�iy 6 -i - / 1 (( / r I: J {, 9 �.lx., •i w.} M^ � ?i .��� �F; f� !i �� per$-¢ - �tz � ,' ,r(,,'jgl5 rt1 F 'A I kry f, 1 e y s NA ! 4 � t 1 b . �!• S i�:.� }} , u�y �" ,� . S � � � �' yi�'� � 1f ! ,yam;.: "�n' '' �. r s� � ,�-<rn99� �a '*�.-y�� i"w ?'�a �z�l��s�y �_• � � � `���� "4a� sr #'! � ��Y " fr�'3s�- � �? � t �,� s�� r�� �� i�i e.a�7a V3 1I d2 � 1 aSlki�i�,i. - ��r 2 May 24, 2022 Consider a request for a Specific Use Pernnit to allow a home daycare in an RS (Residential Single -Family) District for the property located at 1225 Glendale Street TEXAS TO: City Council FROM: Cris Boone, Interim City Manager PREPARED BY: Chris Boone, Interim City Manager MEETING DATE: May 24, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a home dayeare in an RS (Residential Single -Family) District for the property located at 1225 Glendale Street, BACKGROUND Mary Delaney is requesting a Specific Use Permit to allow a home daycare at 1225 Glendale Street. She plans to keep up to twelve (12) children ranging from six (6) weeks old up to thirteen (13) years old. The house where Mrs. Delaney wishes to operate her licensed childcare home is the parsonage located behind the Gospel Tabernacle. Due to the location behind the church, parking is not an issue, Hours of operation will be froin 7:30 a.m.to 5:30 p,m., Monday through Friday. At a Joint Public Hearing held on May 16, 2022, the Planning Conunission recommended 7:0 to approve the request for a Specific Use to allow a home daycare in an RS (Residential Single -Family) District for the property located at 1225 Glendale Street with the following condition: 1. Must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pretreatment programs. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following condition: 1. Must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pretreatment programs. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HOME DAYCARE IN A RS (RESIDENTIAL SINGLE-FAMILY) DISTRICT AT 1225 GLENDALE STREET IN BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Mary Delaney has applied for a specific use permit to allow a home daycare in a RS (Residential Single -Family) District at 1225 Glendale Street, being Lots 16-18, Block D, Mayfair Addition, Beaumont, Jefferson County, Texas, containing 1.57 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a home daycare in a RS (Residential Single -Family) District at 1225 Glendale Street, subject to the following conditions; ; and • Must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pretreatment programs. WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a home daycare is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a home daycare in a RS (Residential Single - Family) District at 1225 Glendale Street, being Lots 16-18, Block D, Mayfair Addition, Beaumont, Jefferson County, Texas, containing 1.57 acres, more or less as shown on Exhibit "A," is hereby granted to Alexis Worthy, her legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pretreatment programs. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply, The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of May, 2022. - Mayor Robin Mouton - BEAUMONT Planning a Community Development Case Type -Planning and Zoning Case Sub Type: Specific Use Permit Case it: PZ2022-131 Location; 1225 GLENDALE ST, BEAUMONT, 77707 individuals listed on the record. Applicant Mary Delaney 1225 Glendale Beaumont, Tx 77707 Case Type: Planning and .Zoning Casell: PZ2022-131 Case Status: REVIEW Tay Name: Nome Daycare Initiated on: 414/2022 11;25:03AM Nome Phone: Work Phone: Cell Phone: 4096494845 E-Mail: iisam99@yahoo.com Page 1 of 2 Printed Can: 412012022 Exhibit "A" BEAUMONT Planning & Community Developrnetit Legal Description Lots 16-18, Block D, Mayfair Addition Number of Acres 1.57 Proposed Use Home Daycare That the specific use will be The property Is surrounded by a privacy fence and as stated above compatible with and not Injurious to my home is located behind the church. Because of where my home the use and enjoyment of other is located It should not be Injurious to the use and enjoyment of other property, nor significantly diminish or property, thus making It compatible. My home daycare should not Impair property values within the have any negative affect on any property values In the vicinity. Immediate vicinity That the establishment of the specific "There's no vacant property in our vicinity, therefore there Is no use will not Impede the normal and development to impede. orderly development and Improvement of surrounding vacant property; That adequate utilities, access roads, The home daycare center will only require the standard utilities and drainage and other necessary drainage as a normal home, since our home already has these up to supporting facilities have been or will city code this Is not an Issue. There Is a graveled path that leads be provided from the church parking lot to the house in the back. This Is the safe and convent movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties That there are suff[clent landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use Is In accordance with the Comprehensive Plan Notes; Case Type: planning and Zoning Casefl, PZ2022-131 The church has a parking lot with two driveways, parents will ontor the church parking lot and follow the path to the home. Parents needing to stay for extended periods will park in the church parking lot. The traffic should flow smoothly and not affect the general public or adjacent developments. Soiled pampers will be the worst of our odors. However, we take precautions to make sure all soiled pampers are enclosed in plastic bags. That should keep odors down and they should not become offensive. There will be no fumes or dust. Noise and vibrations should not be an Issue. There will only be the noise of children playing in the yard. This noise level will not be any louder than any other family homo on our block. No loud music can cause vibrations. We will not have any directional lighting, so there will nothing to affect the neighboring property. With the home being in the book of the property it is out of sight. No additional landscaping or screening should be needed. have explained how we plan to comply with all conditions and our proposed use should be In accordance with the comprehensive plan. Page 2 of 2 Printed On: 4/20/2022 I Mary Delaney am proposing to use my home at 1225 Glendale St to care for up to twelve children, My home is located on the same property as my church, In the rear of the church. With the help from the lord, I plan to care for my little ones in my home. My goal is to create a warm safe place for our little ones. To be able to create a foundation that will help. to grow into STRONG men and women in this time we are living in. My home childcare will also be faith base. I do plan on preparing meals alone with my parents bringing in meals as well. My plan Is to prepare warm healthy meals using my air fryer and crock pot and healthy sandwiches we will be serving food on disposable dishes. our hours of operation will be 7:30am- 530pm. We have more than enough space to carry out this objective. M=---A EXFMIT "B" > < -0 2- CD aj H w LO Z2022-131: Request for a Specific Use Permit to allow a home daycare in 811 RS tesidential Single Fancily) District. pplicant: Mary Delancy ocation: 1225 Glendale Street . _- 0 ' 9[}0 240 300 40 Feef,l�� I May 24, 2022 Consider a request for a Specific Use Permit to allow an automotive paint and body shop in the GC -MD (General Commercial ---- Multiple -Family Dwelling) District for the property located at 4145 College Street TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Chris Boone, Interim City Manager MEETING DATE: May 24, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow an automotive paint and body shop in the GC -MD (General Conn-nerciai ---- Multiple -Family Dwelling) District for the property located at 4145 College Street. BACKGROUND Brandon M. Edmonds is requesting a Specific Use Permit to allow an automotive paint and body shop at 4145 College Street. Caliber Collision has facilities nationwide. Hours of operation would be Monday through Friday, 7:30 a.m. to 5:30 p.m. The facility is expected to staff 10 -- 15 employees. Neighboring businesses are mostly similar in nature. The nursing facility to the south will be screened and buffered per City regulations. At a Joint Public Hearing held on May 16, 2022, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow an automotive paint and body shop in the GC -MD (General Commercial ---- Multiple -Family Dwelling) District for the property located. at 4145 College Street with the following conditions: 1. Constructions plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 2. Install a five (5) foot wide sidewalk along College Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Constructions plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requiren-tents of the City's backflow and/or pre-treatment programs. 2. Install a five (5) foot wide sidewalk along College Street. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN AUTOMOTIVE PAINT AND BODY SHOP IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 4145 COLLEGE STREET WHEREAS, Brandon M. Edmonds has applied for a specific use permit to allow an automotive paint and body shop in a GC -MD (General Commercial -Multiple Family Dwelling) District at 4145 College Street, being Lots 22 & 23 and parts of Lots 20 & 21, College Acres Addition, Beaumont, Jefferson County, Texas, containing 2.21 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow an automotive paint and body shop in a GC -MD (General Commercial -Multiple Family Dwelling) District at 4145 College Street, subject to the following conditions: ; and, • Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. • Install a five (5) foot wide sidewalk along College Street. WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow automotive paint and body shop is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a GC -MD (General Commercial -Multiple Family Dwelling) District at 4145 College Street, as shown on Exhibit "A," is hereby granted to Brandon M Edmonds, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. • Install a five (5) foot wide sidewalk along College Street. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Cade, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of May, 2022. - Mayor Robin Mouton 1. Constructions plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 2. Install a five (5) foot wide sidewalk along College Street. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 22 & 23 and parts of Lots 20 & 21, College Acres Addition, Beaumont, Jefferson County, Texas, containing 2.21 acres, more or less. BEAUMONT Planning & Community Development Case Type -.Planning and Zoning Case Status: REVIEW Case Sub Type: Specific Use Permit Tag Name: Caliber Colilsion - an automobile body Case #: PZ2022-159 and repair shop. Looatlan: 4145 COLLEGE ST, BEAUMONT, 77707 Initiated On: 4/12/2022 11,07:10AM Individuals listed on the record. Applicant Brandon M. Edmonds 3207 S. Sam Houston Parkway E, Suite 100 Houston, TX 77047 Agent Stefano Polsl 5181 San Felipe St., Suite 1700 Missing Address, City, State, or Zip Code In People Case Type: Planning and Zoning Case 4h PZ2022-150 Home Phone: Work Phone: 832.460.7769 Cell Phone: 832-272-3240 E-Mall: bedmonds@nphlp.com Home Phone: Work Phone: Cell Phone: 281.732.0563 E-Mail: s.polsl@goree.com Page 1 of 2 Printed On: 4/2012022 BEAUMONT Planning A Community Development Legal Description 2.2103 Acre Tract or Parcel of Land Out of and Part of Lots 20,2122 and 23 College Acres Volume 5, Page 34, Map Records Volume 5, Page 71, Map Records David Brown League, Abstract No. 5 Beaumont, Jefferson County, Texas Number of Acres 2.21 Proposed Use General Car Repair That the specific use will be New Development w€tl be compatible with and not Injurious to the use compatible with and not Injurious to and enjoyment of other property, nor significantly diminish or Impair the use and enjoyment of other property values within the Immediate vicinity, property, nor significantly diminish or impair property values within the immediate vicinity That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect nelghboring properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use is In accordance with the Comprehensive Plan Notes: New Development will add value to the area and will not impede the normal and orderly development and Improvement of surrounding vacant property. New Development will provided utilities, access roads, drainage and other necessary supporting facilities per city requirements. New Development will moot City of Beaumont and TXdot standard for all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic. New Development will provided adequate nuisance prevention measures. Screening walls and insulated building will he provided. Architect will provide photometric drawings showing directional lighting will bo provided so as not to disturb or adversely affect neighboring properties Landscaping will be provided per Code of Ordinances chapter 28. We will work with City to make sure all requirements are met. Development w€il be In accordance with the Comprehensive Plan. Case Type: Planning and Zoning Page 2 of 2 Case 11: PZ2022-169 Printed On: 4120/2022 AM NATIONAL PROPERTY FIOI,DINGS April 18, 2022 Beaumont Planning and Community Development RE., 4145 College Street-- Proposed Caliber Collision Development -- SUP To Whom It May Concern, We are respectfully requesting a Specific Use Permit for the proposed development of Beaumont's first Caliber Collision facility to be located at 4145 College Street. As an introduction, Caliber Collision Is one, if not, the largest automotive repair provider In the country with over 1,400 locations nationwide. Caliber is a leader in their industry with preferred partnerships with the nation's largest vehicle manufacturers, as well as all major insurance carriers. As a preferred developer for Caliber Collision, our team takes great pride in building first-class facilities on their behalf, and they subsequently take great pride In operating/maintaining said facilities. Caliber Collision Services: - ADAS Vehicle Calibration Services - Vehicle Diagnostic Scanning - Auto Glass Repair & Replacement - Paintless Dent Restoration - Hall Damage Repair - Bumper Repair - fender Repair Paint Refurbishment & Repair General Accident Repair The proposed Caliber Collision facility will be operated by approximately 10 to 15 employees., Standard hours of operation are from 7:30 AM to 5:30 PM Monday through Friday. We are excited at the opportunity to be a part of a new business coming to Beaumont and look forward to your favorable feedback to kick-off a successful development at 4145 College Street. Please contact me with any questions or comments. Thank you for your consideration. Best regards, Brandon M. Edmonds Project Manager (832) 272- 3240 Bedmoiids@nphlp.com National Property Holdings PHONE: (7l3) 575-1234 - 3207 S. SAM f IOUSTON PKWY, E, STEM. 100 - 110USTQM TEXAS 77047 - - ;y`�jJ n� 11j a im�� d 4{ § 1i t � x i R k8y 1A �. k I 1? k ; lit�),g i ( a ! I 1 II a � k r rHN § UP1 V c:e�4fi1t in ¢� Z it z 854 a§z PH ^� -4 R UH O 0 i ti. 11 GEHYa10i4YE ay l31� �. "fi•,1i v _ ' 4 1 (SERYKE) ,1 1 Y Wh Si ## FF t es jgj ( 1_ .._SiA•11'[j'fw 1r }4 j 44 tr,SE FA F] 8 I' 1 t y ..... . .... n cys gY 1 r � '��� k l _ 1 1• 1 F � F , , l row EXHIBIT "B" IZ2022-159: Request for a Specific Use Permit to allow an automotive paint and booty loop in the GC -MD (General Commercial — Multiple -Family Dwelling) District. �pplicaut: Brandon M. Ednionds :location: 4145 College Street 0 100 200 300 400 ! I I _ l_ I I Feet May 24, 2022 Consider a request for an abandonment of a portion of Park Street, between Milani and Gilbert Streets TEXAS TO: City Council FROM: Chris Boone, Interim City Manages• PREPARED BY: Chris Boone, Interim City Manager MEETING DATE: May 24, 2022 REQUESTED ACTION: Council consider a request for an abandomment of a portion of Park Street, between Milam and Gilbert Streets. BACKGROUND Transit is requesting the abandonment of a portion of Park Street, between Milam and Gilbert Streets. This portion of Park Street is adj acent to the current City Bus parking lot. Asa result of scheduled vehicle replacements, the fleet of busses has outgrown the available parking area, Due to existing water and sanitary sewer lines in this portion of Park Street, a utility casement will need to be maintained in the right-of-way. No permanent structures shall be built within the utility easement. In addition, fire hydrant access will need to be accessible for maintenance. At a Joint Public Hearing held on May 16, 2022, the Platming Commission recommended 6:0 to approve the request for an abandonment of a portion of Park Street, between Milam and Gilbert Streets. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO, ENTITLED AN ORDINANCE ABANDONING A 0.25 ACRE PORTION OF PARK STREET (CALLED SABINE STREET PER PLAT) (BASED ON A WIDTH OF 61.11 FEET) LYING BETWEEN BLOCK 46 AND 54 OF THE ORGINIAL TOWNSITE OF BEAUMOT, TEXAS A SUBDIVISION OF THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, ACCRODING TO THE PALT THEREOF RECORDED IN VOLUME 448, PAGE 249, DEED RECORDS JEFFERSON COUNTY, TEXAS. WHEREAS Transit is requesting the abandonment of a portion of Park Street, between Milam and Gilbert Streets. This portion of Park Street is adjacent to the current City bus parking lot. As a result of scheduled vehicle replacements, the fleet of busses has outgrown the available parking area, Due to existing water and sanitary sewer lines in this portion of Park Street, a utility easement will need to be maintained in the right-of- way. No permanent structures shall be built within the utility easement, and, fire hydrant access will need to be accessible for maintenance. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of May, 2022. - Mayor Robin Mouton LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 0.25 Acre portion of Park Street (called Sabine Street per plat) (based on a width of 61.11 feet) lying between Blocks 46 and 54 of the Original Townsite of Beaumont, Texas, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 448, Page 249, Deed Records, Jefferson County, Texas, said tract being more particularly described as follows; BEGINNING at the most Northerly corner of Lot 377, Block 54 of the said Original Townsite of Beaumont, Texas, said corner also being the most Northerly corner of the said Block 54 and being the intersection of the Southwesterly right-of-way line of Park Street and the Southeasterly right -of --way line of the K.C.S. Railroad right-of-way (called Washington Street per plat); THENCE SOUTHEASTERLY, along and with the Southwesterly right-of-way line of Park Street and the Northeasterly line of the said Block 54, for a distance of 180 feet, said corner being the most Easterly corner of Lot 379 and the most Northerly corner of Lot 368 of the said Block 54; THENCE NORTHEASTERLY, over and across the said right-of-way of Park Street, for a distance of 61.11 feet, said corner being the most Westerly corner of Lot 273 and the most Southerly corner of Lot 279 of the said Block 46; THENCE NORTHWESTERLY, along and with the Northeasterly right-of-way line of Park Street and the Southwesterly line of the said Block 46, for a distance of 180 feet, said comer being the most Westerly corner of Lot 274 of the said Block 46, the same being the most Westerly corner of the said Block 46 ad being the intersection of the Northeasterly fight -of -way line of Park Street and the Southeasterly right-of-way line of the K.C.S. Railroad right -of --way; THENCE SOUTHWESTERLY, along and with the Southeasterly right-of-way line of the K.C.S. Railroad, for a distance of 180 feet to the POINT OF BEGINNING and containing 0.25 Acres, more or less. BEAUMONT Planning & Cotntnunity Development Case Type:Planning and Zoning Case Sub Type: Abandonment Case It: PZ2022-160 Loration:550 MIbAM ST, BEAUMONT, 77701 Individuals listed on the record: Agent Dem€ Bngman Missing Address, City, State, or Zip Code In People Applicant Claudia San Miguel Mlssing Address, City, State, or Zip Code in People Flood Zones Floot! Zane X ConStructlon Type Occupancy Type Fire District No tos: Case Type: Planning and Zoning Case It: PZ2022-160 Case Status: PENDING Tag Name; Abandon portion of Park Street for Beaumont Translt. Initiated On: 4/1912022 3:12:43PM Nome Phone; Work Phone: Cell Phone; E-Mail: demi.laney@beaunianttexas.gov Horne Phone: Work Phone; Gel[ Phone: 409-835-7895 P-Mail: c€audia.sanmlguel@beaumonttransit.com Page 1 of 1 Printed On: 4/2012022 Exhibit "A" City of Beaumont Texas Chris Boone, City Manager April 18, 2022 Dear Mr. Boone: Transit Management of Beaumont provides public transportation services to the City of Beaumont utilizing twelve (12) fixed routes and 6 paratransit STS vans. Said services are performed utilizing a fleet of fourteen (14) buses, eight (8) vans, and five (5) service vehicles. As of result of scheduled vehicle replacement the fleet has outgrown available revenue and service vehicle parking area. To provide for the safety of the assets of the City of Beaumont (fleet), and for the efficient operation of the transit system, additional parking space is required. Incoming replacement fleet of eight (8) 29-foot buses alongside with eight (8) vans add to the already constrained parking conditions. An identified segment of Park Street located between Milam Street and Gilbert Street (drawing attached) adjacent to BMT's current parking lot has no current traffic flow, and no general public use, thus making said surfaced area a prime location for the transit fleet parking needs. We are hereby requesting for the City of Beaumont to close the right of way and or to be abandon said segment and to furthermore designate said area for transit operations / parking purposes. Sincerei Claud! Sa r:Sa#p eneral Manager Beau ont Tri Connecting our Thriving Community. cc, Demi Engman, Senior Planner City of Beaumont, TX. Willa White, Finance & HR, Transit Management of Beaumont Jarod Varner, First Transit Regional Vice -President Telephone: (409) 035-7895 550 Mifam Street Beaumont, Texas 77701 wwwleaumonttransit.com f.r,r f i t r .R� a •! 41` • `i i EXHIBIT "B" . k-ME, -- rROKIM-l" PZ2022-160: Request for an abandonment of a portion of Park Street, between Milam and Gilbert Streets. Applicant: City of Beaumont Planning Division Location: Park Street between Milam and Gilbert Streets 0 100 200 Foot 5 May 24, 2022 Consider an ordinance amending the TY 2022 Budget TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 24, 2022 REQUESTED ACTION: Council consider an ordinance amending the FY 2022 Budget. BACKGROUND In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget and that interfirnd transfers are in accordance with financial policies as approved within the budget document. The details of the proposed amendments are as follows: 1. In 2020 and 2021, monies for commercial motor vehicle citations were inadvertently put into the General Fluid and not the DOT Fund. We need to amend the budget to transfer this money out of the general fund and make a cash transfer front the General Fund to the DOT Fund for $16,600.00 so that the DOT Fund will be correct in case of a State audit. General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $139,895,900 $16,600 $139,912,500 Texas Motor Carrier Violations Fund Original Budget Proposed Amendment Amended Budget Total Revenues $5,200 $16,600 $21,800 2. The Tyrrell Park Nature Center is in need of furniture and fixtures to complete it for public use. We would like to propose a $350,000 amendment to the Hotel Fund for these fiends as follows. Hotel fund Original Budget Proposed Amendment Amended Budget Total Expenditures $3,859,300 $350,000 $4,209,300 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2022 TO APPROPRIATE ADDITIONAL REVENUES IN THE GENERAL FUND; TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE DOT FUND, AS IN ADDITION TO THE HOTEL FUND. WHEREAS, the City Charter of the City of Beaumont requires the City Manager to strictly enforce the provisions of the budget and not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred; and, WHEREAS, it is necessary to amend the FY 2022 budget to ensure that appropriations are sufficient to ensure that expenditures are authorized within the approved budget and that interfund transfers are in accordance with the financial policies as approved within the budget document; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2020 through September 30, 2021, be and the same is hereby amended to appropriate additional revenues and expenditures in the General Fund to correct monies that were inadvertency put in the General Fund and not the DOT Fund. The details of the proposed amendments are as follows: General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $139,895,900.00 $16,600.00 $139,912,500.00 Texas Motor Carrier Violations Fund Original Budget Proposed Amendment Amended Budget Total Revenues $5,200.00 $16,600.00 $21,800.00 Section 2. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2020 through September 30, 2021, be and the same is hereby amended to appropriate additional expenditures in the Hotel Fund to cover the cost for furniture and fixtures at the Tyrrell Park Nature Center. The details of the amount are shown below: Hotel Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $3,859,300.00 $350,000.00 $4,209,300,00 The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of May, 2022, - Mayor Robin Mouton - T May 24, 2022 Consider authorizing the Interim City Manager to award a contract to Texas Drainage, Inc., of Waller for the first phase of the FY2022 City Wide Ditching Program TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: BACKGROUND City Council Chris Boone, Interim City Manager Bart Bartkowiak, Director of Public Works & Technology Services May 24, 2022 Council consider a resolution authorizing the Interim City Manager to award a contract to Texas Drainage, Inc., of Waller. The FY22 City Wide Ditching Program consists of the excavation and removal of excess material of approximately 176,444 linear feet of existing roadside ditches. The program also provides for the resetting/repair of 75 driveway culverts. The work for this phase is to take place in the designated areas of Wards 2 and 3. On May 12, 2022, two (2) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $1,000,000.00. The bid totals are indicated in the table below: Contractor Location Base Bid Amount Texas Drainage, Inc. Waller, TX $945,290.02 T Construction, LLC Houston, TX $1,999,902.50 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Texas Drainage, Inc., in the amount of $945,290,02, A total of 200 calendar days are allocated for completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for The FY2022 Wide Ditching Program; and, WHEREAS, Texas Drainage, Inc. of Waller, Texas, submitted a bid in the amount of $945,290.02; and, WHEREAS, the City Council is of the opinion that the bid submitted by Texas Drainage, Inc, of Waller, 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, Texas Drainage, Inc. of Waller, Texas in the amount of $945,290.02, for The FY2022 Wide Ditching Program; and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute a contract with, Texas Drainage, Inc. of Waller, 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. 2022. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24 day of May - Mayor Robin Mouton - :a. 0 n tr 0 n 0 O 0 b 0 d w op t` o n d 00 M 0 d V 0 b 0 b 0 b b op op d o p a 4 m a P P n P a P m d Vl n � o p d n O m p Vl N F � � � u u yr 6s w w yr 14 6v cv v w va w 69 u w w 6A w w w 69 w w b4 0 d p p p P p p 4 p n O O n O O d 0 .f g [� o w 0 ci 0 0 0 0 rrrr�� 0, o 0 0 0 0 0 0 o n o v� w a d o 0 rA w w w w w 69 w +n w 69 w 69 w » 69 69 69 r» w w w v3 6q P 0 p 0 P 0 p 0 P 0 p 0 P 0 P 0, p o p o P a O o➢ O 0 d 00 O o O n a d O n OO a d b a o n n VF N W o tr? tr � (j N w 69 64 w 4i 69 64 w to w o 69 w 69 w w FA GA Vi w w 69 bi w w 66 0 0 0 0 0 69 69 V3 w 6`/ 69 w w W 69 69 69 i`F 69 E9 69 w F/f (A w 47 w 64 69 w 1� N n r+i �n 1M`1 PZ W n � wq q f� P3 Pa u o a, o w c5 v I, cn N m w va 'n fir' rn h N 0 a, 0 a, 0 a 0 a 0 q# w w w w NO 9194, a a AWIN, U 13 -, PUBLIC HEARING Receive comments regarding the mandatory payment rate related to the Local Provider Participation Fund for FY 2022 May 24, 2022 Consider setting the mandatory payment rate related to the Local Provider Participation Fund for l~ Y 2022 TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 24, 2022 REQUESTED ACTION: Council consider setting the mandatory payment rate related to the Local Provider Participation Fund for FY 2022 and holding a public hearing. BACKGROUND On June 9, 2015, the City Council authorized the City's participation in a municipal health care provider participation program to support the payment of Medicaid supplemental hospital payments to Safety -Net Hospitals in the City. At the same time, the City Council authorized the execution of indigent care affiliation agreements with Baptist Hospitals of Southeast Texas and Christus Hospital. In addition, on July 28, 2015, the City Council approved model rules and procedures related to the City of Beaumont's facilitation of the program. The City of Beaumont is required to set the amount of the mandatory payments required to be paid by the hospitals. The mandatory payment must be uniformly proportionate with the amount of net patient revenue generated by each paying hospital in the municipality. The mandatory rate for the fiscal year ending 2022 will be 6.00%. FUNDING SOURCE Local Safety -Net Hospitals will make mandatory payments into the Beaumont Municipal Health Care Provider Participation Fund. RECOMMENDATION Council conduct a public hearing and approval of the resolution. RESOLUTION NO, RESOLUTION SETTING THE MANDATORY PAYMENT RATE FOR THE FISCAL YEAR 2022 FOR THE LOCAL PROVIDER PARTICIPATION FUND IN THE MUNICIPAL HEALTH CARE PROVIDER PARTICIPATION PROGRAM. WHEREAS, The Texas Legislature enacted S.B. 1387, which added Section 295 to the Health and Safety Code and which went into effect immediately upon being signed by the Governor; and, WHEREAS, pursuant to Section 295 of the Health and Safety Code, the City Council has authorized the City of Beaumont to participate in a municipal health care provider participation program and establish a Local Provider Participation Fund; and, WHEREAS, the purpose of participation in a municipal health care provider participation program is to generate revenue from a mandatory payment that may be required by the City from each institutional health care provider located in the City of Beaumont; and, WHEREAS, revenue generated from mandatory payments may be used to fund certain intergovernmental transfers; and, WHEREAS, pursuant to 295.101 of the Health and Safety Code, a city that collects a mandatory payment must set the amount of the mandatory payment; 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 Beaumont City Council sets the amount of the mandatory payment for the fiscal year ending 2022 as 6.00% of the net patient revenue of an institutional health care provider located in the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Council of the City of Beaumont is authorized to take all other actions necessary to meet the requirements of Chapter 295. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of May, 2022. Mayor Robin Mouton - PUBLIC HEARING Receive comments on a determination of the Public Health Director that public health nuisances exist on the properties owned by owned by Kevin Don Covel at 7050 Donna Lane; David Wayne Pinner at 3060 Charles St. and Gerard Montie, estate of Brian David Henry at 10295 Old Voth Road 0 May 24, 2022 Consider a resolution finding and ratifying the determination of the Public Health Director that public health nuisances exist on the properties owned by Kevin Don Covel at 7050 Donna Lane; David Wayne Pinner at 3060 Charles St, and Gerard Montie, estate of Brian David Henry at 10295 Old V oth Road TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Kenneth Coleman, Public Health Director MEETING DATE: May 24, 2022 REQUESTED ACTION: Request a public hearing and for council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the properties owned by Kevin Don Covel at 7050 Donna Lane; David Wayne Pinner at 3060 Charles St and Gerard Montie, estate of Brian David Henry at 10295 Old Voth Rd, BACKGROUND According to the City of Beaumont's Code of Ordinances, Chapter 10 Health and Sanitation, Sec10.01.001, a nuisance is defined as whatever is dangerous to human life or whatever renders the ground, the water, the air or food a hazard or injury to human health is hereby declared to be a nuisance. The City's Code of Ordinances further state in Chapter 12 Offenses & Nuisances Section 12.07.033 that a person who owns or occupies property conunits an offense if that person allows litter to accumulate on that person's property. The legal description and violations of these properties are: 7050 Donna Lane, Woodland AC L3 B S Weeds Chapter 10 Health & Sanitation, Article 10.06, Section 10.06.001 Rodent Harborage Chapter 10 Health & Sanitation, Article 10.04; Section 10.04.001 & Section 10,04.003 Excessive Litter Chapter 12 Offenses & Nuisances, Article 12.07.002 • 3060 Charles St, PL D 27 TR-26B H WILLIAMS JR Weeds Chapter 10 Health & Sanitation, Article 10.06, Section 10.06.001 Rodent Harborage Chapter 10 Health & Sanitation, Article 10.04; Section. 10.04.001 & Section 10.04.003 Excessive Litter Chapter 12 Offenses & Nuisances, Article 12,07.002 10295 Old Voth Rd, TR 70-D PL RS-4.7993AC AB 17 W B DYCHES Weeds Chapter 10 Health & Sanitation, Article 10.06, Section 10,06.001 Rodent Harborage Chapter 10 Health & Sanitation, Article 10.04; Section 10.04.001 & Section 10,04.003 Excessive Litter Chapter 12 Offenses & Nuisances, Article 12.07.002 If the property owners fail to comply within ten {10) days, staff is requesting the authorization City Council to clean the property and/or authorize the City Attorney to seek legal action to have the nuisances abated. FUNDING SOURCE General Fund -Public Health RECOMMENDATION Council conduct a public hearing and approval of the resolution. i' ►G► ► III ENTITLED AN ORDINANCE FINDING CERTAIN PROPERTIES TO BE A PUBLIC HEALTH NUISANCE AND ORDERING ABATEMENT; AUTHORIZING CLEANUP; AUTHORIZING SUIT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the properties located at: 1. 7050 Donna Lane 3. 10295 Old Voth Rd 2. 3060 Charles St to be a public health nuisance in that said properties are in violation of Chapter 10, Article 10.04, Section 10.04.001 & Section 10.04.003; Chapter 10, Article 10.06, Section 10.06.001; and, Chapter 12, Article 12.07, Section 12.07.002 of the Code of Ordinances of the City of Beaumont and is for want of retrieval and allowance of the accumulation of trash, litter, debris, weeds, and water in an unsafe and unsanitary condition so as to allow for the breeding and proliferation of infectious mosquitoes and rats, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Chapter 10, Articles 10.04 and 10.06 and Chapter 12, Article 12.07 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner of the following described property cut weeds where necessary, retrieve and remove all litter, trash, or debris which may become the harborage for rats or any standing or stagnant water that may become the breeding place for mosquitoes within ten (10) days of the effective date of this ordinance. If the property owner fail(s) to comply within ten (10) days, Council orders that the property be cleaned at the owner's expense without further notification to the property owners or City Council action. A lien will be placed against the property as an assessment of expenses incurred for the work performed. Section 3. That the City Attorney is hereby authorized to file and prosecute a lawsuit against the owner to compel compliance with the City's Health and Safety Codes. Section 4. 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 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of May, 2022. - Mayor Robin Mouton - M ARTICLE 10,01 GENERAL PROVISIONS* See.10.01.001 Nuisances (a) Definition. Whatever is dangerous to human health or welfare, or whatever renders the ground, the water, the air or food a hazard or an injury to human health, is hereby declared to be a nuisance. (b) Abatement of conditions generally. (1) The director of health shall abate or cause to be abated all nuisances which may impair or affect the health or comfort of the community or individuals in the community, and shall do all acts and make regulations which may be necessary or expedient, in his opinion, for the promotion of health or the prevention or suppression of disease. The director of health is further empowered and required, whonever any premises, lots or blocks or pants thereof, in this city, whether the same are occupied or not, are in such condition as to constitute a nuisance as defined in this code, either specifically or genorally, or likely to become so, or to seriously affect the comfort of the community, to officially declare the same a nuisance, and shall issue such orders and notices and make such rules and regulations regarding such nuisance as, in his opinion, the public health or sanitary conditions may require, and all persons are required to strictly observe and obey such orders, notices, rules and regulations of the dir eotor of health. (2) In order to abate nulwoes and remove filth and other substances, the director of health shall have the power, whenever any premises, lots or blocks, whether occupied or not, are in such condition, either from accumulation, of substances thereon or from any others cause, which is, or is likely to become, detrimental to public health, in violation of this code, after being officially so declared by the director of health, to notify in writing, through the proper officer, owner, agent occupant, tenant or lessee thereof, to abate and remove the same, either by filling up, draining, cleansing, puxifyMi g or removing the same, as the ease may be. (d) Interference with nuisance abatement. It shall be unlawU for any person to interfere with or attempt to interfere with or prevent the director of health or aayono acting under his direction, or authority A= removing, clearing or abating any nuisance or condition declared unlawful in this chapter. ARTICLE 10.04 RAT CONTROL, Sec. 10.04.001 Rat -proofing required Every building or struotum now constructed or hereafter constructed in the city shall be constructed and maintained in a rat -proof condition so as to prevent the enhy of rats into and upon the promises, All buildings and structures, lots and premises shall be continuously kept by the owner, agent, tenant, lessee, person in, ohargo, or occupant thereof in a clean, sanitary condition and fieo from rats. ARTICL + 10.04 RAT CONTROL See.10.04.003 Staeldug and elevating materials It shall be unlawful for,auy persoa who owns or occupies any lot or premises to suffer or permitlumber, boxes, barrels, loose iron or other material that may become a harborage for rats to accumulate or remain Exhibit "A° on such lot or premises owned or occupied by such parson, unless the lumber, boxes, barrels, loose iron or other material described above shall be placed on supports neatly stacked and elevated at least two (2) feet from the ground, with a clear intervening space between to prevent the harborage of rats. ARTICLE 1.0.04 RAT CONTROL See.10.04.004 Inspections; right of entry It shall be unlawful for the owner, agent, tenant, lessee, person in charge, or occupant of any building, place or premises, or any part thereof, in this city to refuse admission to the director of health, or his officers, between the hours of 8.00 a.m. and 5;00 p.m. of any day when such officer has announced his Intention to enter suoh building, place or premises for the purpose of inspecting same to determine the pxesence of rats or for the purpose of setting or directing the setting of rat traps or placing or directing the placing of rat poison or ascertaining whether the provisions of this article are being complied with; provided, at the time of such entry, such officer shall display a badge or credentials indicating big official capacity or connection with the department of health. Authority is hereby granted to such officer to so eater any such building, place or premises for such purposes. .ARTICLE 10,04 RAT CONTROL See.10.04.006 )Declaration of nuisance All buildings, structures or parts thereof that are infested with rats are hereby declared to be and are public nuisances, and the director of health and his officers are hereby authorized and empowered to abate the same in the manner provided by law. ARTICLE 10.05 MOSQUITO CONTROL See.10.05.001 Collections of water prohibited It shall be unlawful for the owner or occupant, or the agent of any nonresident or absent owner or occupant, of any lot or premises within tho city to cause, suffer or permit the accumulation or collection of any stagnant or flowing water in which mosquitoes breed or which may become a breeding place for mosquitoes, or any other accumulation of stagnant waters except when treated or protected as hereinafter provided. The collections of water to which the provisions of this section shall apply are those which are at any time contained in ditches, ponds, pools, holes, depressions or other excavations, cesspools, privy vaults, fountains, basements, cisterns, tanks, shallow wells, barrels, troughs, tubs, buckets and all similar containers, house roof gutters, deMeotive flush toilet tanlcs, and all places where water collects and remains stagnant. ARTICLE 10.05 MOSQUITO CONTROL Sec. 1.0.05.005 Nuisance water conditions promoting mosquito breeding See.10.06.001 Permitting growth of sveeds on lots or premises (a) It shall be unlawful and constitute an offense and creation and maintenance of a public nuisance for any person, firm, or corporation who shall own or occupy any lot or premises to suffer or permit weeds, grass or uncultivated plants other than trees to grow upon such lot or premises within one hundred (100) feet of the property line of developed property to a greater height than twelve (12) inches on an average. (b) It shall be, unlawful and constitute an offense and creation and maintenance of a public nuisance for any person, firm or corporation who shall own or occupy any lot or premises to suffer or permit weeds, grass or uncultivated plants other than trees to grow to a greater height than twelve (12) inches on that portion of right-of-way which abuts such lot or premises between the centerline of such right-of-way and the property line of such lot or premises. Except, however, rights -of -way meeting any of the following definitions shall not be the responsibility of the abutting owner or occupants: (1) Ditches exceeding a depth of four (4) feet as determined by the city manager or his designee; (2) Rights- of -way which governmental entities other than the city have a contractual obligation to maintain; (3) Major arterial streets as determined by the city manager or his designee; (4) Unpaved dedicated street rights -of -way; (5) Street medians; (6) Property owner in fee by the city. (c) If it be shown that a person, firm, or corporation has violated this section, the defendant, upon conviction, shall be punished by a fine of not less than one hwidred dollars ($100.00) nor more than the maximum fine of five hundred dollars ($500.00) prescribed by section 1.01.009 of this code for each offense. Section 1.01.009 states that it shall be unlawful for any person. to violate or fail to comply with any provision of this code. Where no specific penalty is provided therefor, the violation of any provision of this code shall be punished by a fine. (d) Upon a second conviction for a violation on the same property, the defendant shall be punished by a fine of not less than two hundred dollars ($200, 00) nor more than the maximum fine prescribed by section 1.01.009 of this code for each offense, (c) In addition to the fines and penalties provided for in this section, if a person, firm, or corporation owning any lot or premises in violation of this section fails or refuses, after notice, to cut such weeds, grass or uncultivated plants, the designated enforcement officer may cause such weeds, grass or uncultivated plants to be out in accordance with section 10.06.004 of This article, (f) In any prosecution charging a violation of this section, proof that the person whose name is listed on the tax rolls of the city as being the owner of the lot or premises found to be in violation shall constitute in evidence a prima facie presumption that such person is the owner of such lot or premises; provided, however, that such presumption may be rebutted by the person charged with violating this section with evidence to the contrary; and provided further that the presumption established herein shall have the evidentiary consequences enumerated in chapter 2 of the Texas Penal Code. (Ordinance 84-40, sec. 1., adopted 3/13/84, Ordinance 92-48, see, 1, adopted 6/30/92; Ordinance 03-024, sec. 1., adopted 3/25/03; 1978 Code, sec. 13-50) Any accumulation or collection of water in which mosquitoes may bxeed is dangerous to life and health and is hereby declared to constitute a public health nuisance. Immediate abatement of such, public health nuisances is necessary to prevent the breeding and prolifexation of infectious mosquitoes. The health director of the city or his/her designee is hereby empowered to immediately abate, without prior notice, any such public health nuisance, provided that notice thereof is given within seven (7) days thereafter to the owner, occupant or agent of any nonresident where such public health nuisance was found. CHAPTER 12 OFFENSES AND NUISANCES ARTICLE 12.07 LITTER CONTROL Sec.12.07.001 Definitions When not inconsistent with the context, words used in the present tense shall include the future, woxds used in the plural number include the singular number, and words used in the singular include the plural number. The vlord "shall" is always mandatory and not merely directory. Container. A sturdy, durable, watertight, reusable receptacle with a tight fitting lid designed to prevent exposure or dispersion of its contents by the elements, or a plastic bag not less than one and. one-half (1- 1/2) mils thick that has a capacity of not more than thirty (30) gallons and that is tied or closed securely. Elements. Any man-made or natural force that, with reasonable foreseeability, could carry litter, trash, garbage, or waste fa -am one place to another, and includes, air currents, rain, water currents, and animals, Litter, ,Any roan -made or Haan -used object, organic or inorganic material, or solid waste, and specifically includes trash which is Lot placed in: (1) A. "container" as defined herein; (2) An authorized sanitary waste disposal site; or (3) ,Another approved area, depository, or vehicle designated for ixansport or disposal of litter, trash, garbage, or waste. Person. My individual, eorpoxation, partnership, organization, business trust, estate, trust, assooie'tion, and any other legal entity. ARTICLE 12.07 LITTER CONTROL See.12.07.002 Littering It shall be unlawful and constitute an offense for a person to dispose of litter except in a container as defined in section 12.07,001, or in an authorized'sanitmy waste disposal site, or in another approved area, depository or vehicle designated for transport or disposal of litter, trash, garbage or waste. ARTICLE 12.07 LITTER. CONTROL., Sec.1.2.07.003 Responsibility for retrieving litter (a) A. person who owns or occupies property commits an offense, if that person allows litter on that person's property. ARTICLE 12.07 LITTER CONTROL See.1i2.07.004 Notice to remove and authority to abate (a) It shall be the duty of the enforce►nennt officer to notify the owner and/or occupant of any premises within the city which is tan violation of section 12.07.002 or 12,07.003 by: . (1) Written notice issued by hand notice in person to the property owner and/or occupant or person(s) responsible for improperly disposing of the litter, or (2) Certified letter issued to the owner as listed on the county appraisal district roll anal to the occupant stating that the violation must be corrected within seven (7) days from the date of issuance of the letter. (b) If the owner and/or the occupant commits another violation of littering as stated in section 12.07,002 or 12.07,003 on the property within, twelve (12) months after the date of the notice, the city may correct the violation at the owner's expanse and assess the expense against the property. .ARTICLE 12.07 LITTER, CONTROL Sec.12.07.005 Penalties (a) Except as otherwise provided by this section, if it be shown that a person has violated this arliole, upon conviction the defendant shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00). (b) 'Upon second conviction for a violation of this article, the defendant shall be punished by a fine of not lass than one hundred dollars ($100,00) nor more than one thousand dollars ($1,000.00). (e) 1n additlon to the fines and penalties provided .for in this scction, if, a person owning or Occupying land or pxopolly fails to remove litter, trash, garbage or waste f-om the property within seven (7) days after notice as provided in Health and Safety Code, chapter 342, subohapter A., section 342.006, the city is hereby authorized to cause such litter, trash, gatbage, or waste to be removed with the expenses of cleaning and removal to be payable by the owner or occupant of the property. .ARTICLE 12,07 LITTER, CONTROL See.12.07.006 Assessment of cost; remedy by city The city shall assess to the owner or ocoupam of the property actual cleaning and removal expenses, not less thaar twenty-five dollars ($25.00), plus an administrative fee of fifty dollars ($50.00). A statement of expense, which includes administration fees, incurred by the city in the cleaning and removal of any litter, trash, garbage, or waste under this article shall be mailed to the property owner as shown on the tax roll at the time of service. The statement of expenses shall, in addition to giving the amount of such expense, provide the date upon which such work was done, and a description of the lot or premises upon which such work was done. Payment is due and is considered delinquent if not received by the city within thirty (30) days, if payment is not made within ninety (90) days of such delinquency, the city's authorized agent is hereby authorized to add a lien assessment fee of fifty dollar's ($50.00) to the statement of expenses incurred by the city in the cleaning and removal of any litter, trash, garbage or waste under this section and to file said statement of expenses as alien at the county clerk's office against the premises which are in violation of this article. This statement of expenses shall, in addition to giving the amount of such expense, provide the date upon which such work was done and a description of the lot or premises upon which such work was done, The city shall have a privileged lien upon such lot or real estate upon which such work was done or improvements made to secure the expenditure so made, in accordance with provisions of Health and Safety Code, Chapter 342, subchapter A, section 342,007; the lien is inferior only to tax liens and liens for street improvements. Suit may be instituted in the name of the city, and statement of expenses so made as aforesaid, or a certified copy thereof, shall be prima facie evidence of the amount expended for such work or irnpmverneats. ARTICLE 12.07 I.,ITTI' R CONTROL See. 12.07.0 07 Injunctions (a) In addition to the fines and penalties provided in this article, if it appears that a person has violated or is violating or is threatening to violate any provisions of this article, the city attorney may institute a civil snit in a Court ofoompetent jurisdiction for injunctive xellefto restrain the person from continuing the violations or threat of violation. (b) On application for injunctive relief and a finding that a person is violating or threatening to violate any provision of this article, the court shall grant such injunctive relief as the, facts may warrant. ARTICLE 12.07 LITTER CONTROL See.12.07.009 Liberal 'construction; provisions additional to existing law The provisions of this article shall be liberally construed to effectuate its purpose; and all provisions of this article shall be in additionto any other laws, statutes, or powers for enforcing penalties, fines, or forfoitures authorized by law with respect to any actions, commissions, or omissions declared unlawful by this article; and this article shall not diminish a cour•t's authority to prosecute a violation of other state or federal regulations, statutes, or laws. This article shall not be construed to be inconsistent with any law of the state, ha the event that any terra w provision of this article shall 6e inconsistent with any law ofthe state, on its face or as applied to a particular :Factual situation., the state law shall prevail and this article shall not apply. The property has become a Public Health Nuisance, You are hereby directed to abate all of these violations within fourteen (14) days of receipt of this notice. Failure to comply with this order will result in legal action being taken, If you have any questions, you may contact Justin Jackson, RS, Monday through Friday, between the hours of 8:00am and 5;00pni, at (409)654-3664. Sincerely, Kenneth Coleman Public Health Director City of Beaumont, Texas Justin Jackson Lead Sanitarian City of Beaumont, Texas cc: Sharae Reed, City Attorney City of Beaumont Texas