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HomeMy WebLinkAbout07/19/2022 PACKETTEXAS MELTING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, DULY 19, 2022 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call Proclamations, Presentations and Recognitions Public Comment: Persons may speak on the Consent Agenda and Items 8-14 * 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 June 28, 2022 City Council Meeting Minutes B. Approve a contract with WJE Associates, Inc,, of Austin, Texas, for Professional Engineering Services -Bridge Repairs at Various Locations City Wide C. Authorize the settlement of the lawsuit styled GADV Inc, d/b/a L&L General Contractors vs, City of Beaumont; Cause No. A-207973 D. Authorize the repair of the precision approach path indicator lights at the City Municipal Airport E. Approve a resolution to designate a public accountant to perform auditing services for FY 2022 F. Approve a contract for the purchase of aluminum sulfate for use in the Water Utilities Department G. Authorize the City Manager to execute a lease agreement with the Beaumont Art League H. Authorize the Interim City Manager to award a contract to D & M Tanks, LLC, of Kennedale, for the City of Beaumont Elevated Ground Water Storage Tank Cleaning Project I. Authorize the execution of a license to encroach agreement with Environinental Engineering & Geoteelmics for installing a groundwater monitoring well Approve a resolution awarding annual contracts for temporary personnel services for various departments REGULAR AGENDA 1. Consider a request to rezone a property from LI (Light Industrial) to GC -MD (General Commercial -- Multiple -Family Dwelling) District for the property located at 1190/1192 Gulf Street 2. Consider a request to rezone a property from RS (Residential — Single -Family Dwelling) to RM-H (Residential Multiple -Family Dwelling — Highest Density) for the property located at 1020, 1060 & 1070 Saxe Street 3. Consider a request for a Specific Use Permit to allow a duplex in an RS (Residential -- Single-family Dwelling) District for the property located at 8230 San Carlos Street 4. Consider a request for a Specific Use Permit to allow a construction business with an outdoor lay down yard in a GC -MD (General Commercial — Multiple -Family Dwelling) District for the property located at 1320 Caldwell Avenue Consider a request for a Specific Use Permit to allow a cell tower in an LI (Light Industrial) District for the property located at 8475 Landis Drive 6. Consider a request for a Specific Use Permit to allow an event center in the CBD (Central Business District) for the property located at 308 Orleans Street 7. Consider a request for a Specific Use Permit to allow a bar in a GC -MD (General Commercial -- Multiple -Family Dwelling) District for the property located at 2949 College Street, Saute 120 8. Consider authorizing the Interim City Manager to enter into an Industrial Development Agreeinent with OCI Fuels USA for Phases I and II of an industrial development 9. Consider authorizing the Interim City Manager to enter into an Industrial Development Agreement with OCT Clean Arninonia, LLC for Phases I and II of an industrial development 10, Consider authorizing the Interim City Manager to enter into an Industrial Development Agreement with OCT Fuels USA for economic development incentives during the construction phase of an industrial development 11. Consider authorizing the Interim City Manager to enter into an Industrial Development Agreement with OCT Clean Ammonia, LLC for economic development incentives during the construction phase of an industrial development 12. Consider authorizing a Letter of Intent with OCI Beaumont, LLC or one of its affiliates 13. Consider an ordinance authorizing the suspension of the effective date of Entergy Texas, Inc.'s proposed rate increase to November 3, 2022 14. Consider a resolution authorizing the Interim City Manager to execute an Addendum to the Sales Contract of 555 Main Street PUBLIC HEARING Dangerous Structures 15. Consider an ordinance to declare 46 structures to be unsafe structures and order the owners to raze the said structures within 10 days. If the property owner• fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in Rill, or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney continent on various matters EXECUTIVE SESSION Deliberate the appointment, employment and duties of the City Manager position in accordance with Section 551.074 of the Goverinnent Code -Personnel Matters; Closed Meeting: Christopher S. Boone Lionel D. Lyons Kenneth R. Williarns Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Goverinnent Code: Ronald K. Davis v. John D. Brown, et al; Civil Action No. 1.22-cv-00024 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. PUBLIC HEARING; July 19, 2022 Unsafe Substandard Structures Consider approval of an ordinance declaring certain structures to be unsafe substandard structures and ordering their removal within 10 days or authorizing the property owner to enroll the unsafe structure in a work program. 1. 2695 Atlanta — includes shed 2. 3965 Avenue B — includes garage 3. 3985 Avenue B 4. 2680 Avenue G — includes 2 carports & 2 sheds 5. 6120 Bigner — includes auxiliary building 6. 3298 Brandon 7. 2695 Cable 8. 43 5 E, Church —includes carport 9, 7190 Click — includes carport 10. 3215 Corley 11. 3614 Edmonds — includes shed 12. 1365 Evalon 13. 4220 S. 5TH 14. 2242 Fillmore — includes 2 sheds 15. 3451 Grand 16. 2645 Hariiot — 2 houses 17. 2920 Hebert -- includes garage 18. 2190 Hegele -- includes shed 19. 5695 Indian Trl - trailer 20. 3970 Inez -- on lot of 3965 Avenue B 2t. 735 E. La Salle 22. 2025 Leiper — shed only 23. 1810 Lela 24. 1200 Long 25. 2195 Magnolia — includes garage apt & 2 sheds 26. 157 Montclair• 27. 2095 Montrose — includes 2 sheds 28. 8265 Oak Ridge -- includes auxiliary building & 2 sheds 29. 8345 Oak Ridge 30. 3290 Ogden — includes garage 31. 11295 Patricia -- includes 2 sheds 32. 5840 Picadilly --- includes pool 33.2035 Pine 34.2005 Pope 35. 860 Roberts 36. 2655 Sabine -- includes shed 37. 812 Sherman 38. 6550 Speer 39. 3670 St Helena --- garage only 40. 3240 St .lames - commercial 41.3609 St Tames 42, 4295 Steelton — shed only 43. 2475 Taylor 44. 3490 Texas 45. 7635 Tram 46. 4530 Winston U TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider approval of the June 28, 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 JUNE 28 2022 Chris Durio, 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 June 28, 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 1-3 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Tara Thompson with St. Andrews Presbyterian 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 li• 159 ma - Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-3 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 June 14, 2022, City Council Meeting Minutes B. Approve the purchase of Cisco DNA Center software from CDW-G of Vernon Hills, IL, Minutes — June 28, 2022 for use by the IT Division -- Resolution 22-155 C. Approve the purchase of an added module to the ESO software solution from ESO Solutions, Inc., of Dallas, for the Fire records management system - Resolution 22- 156 D. Approve a contract for installation of cantilever gates and ornamental fencing at the Police Department located at 255 College Street - Resolution 22-157 E. Approve an annual maintenance agreement from ESO Solutions, Inc., of Dallas, for use by the Fire Department and EMS Division - Resolution 22-158 F. Authorize the execution of a License to Encroach Agreement with Joseph Henderson, Jr. located at 9260 Meadowbend Drive - Resolution 22-159 G. Authorize the Interim City Manager to execute amendment documents necessary between the City of Beaumont and the Texas Department of Transportation (TxDOT) related to the Advance Funding Agreement (AFA) for the 2020 Highway Safety Improvements Program (HS1P) Interconnect Signals project - Resolution 22-160 Councilmember Neild 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 authorizing the Interim City Manager to award a contract to LD Construction for the Street Preservation City Wide -Phase I Project. The Street Preservation City Wide — Phase I Project consists of spot full depth repair of existing asphalt and road base, and thin overlay resurfacing pavement with Hot Mix Asphalt Concrete, On June 9, 2022, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $1,250,000.00. The bid totals are indicated in the table below: Contractor Location Base Bid Amount LD Construction Beaumont, TX $1,334,033.60 Gulf Coast, a CRH Company Beaumont, TX $1,777,726.00 ALLCO, LLC Beaumont, TX $1,856,886.00 American Parking Control Houston, TX $2,165,722.70 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, LD Construction, in the amount of $1,334,033.60. A total of 180 calendar days are allocated for completion of the project. Minutes —June 28, 2022 Funds will come from the Capital Program and the Street Rehabilitation Program. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO LD CONSTRUCTION, OF BEAUMONT, TEXAS, IN THE AMOUNT OF $1,334,033.60 FOR THE STREET PRESERVATION CITY WIDE -PHASE l PROJECT AND THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH LD CONSTRUCTION, OF BEAUMONT, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS; NONE MOTION PASSED Resolution 22-161 2. Consider authorizing the submission of an application to the Texas Division of Emergency Management (TDEM) for Hazard Mitigation Grant Program (HMGP) Funding and authorize the mayor and/or the Interim City Manager to act as the City's Executive Officer(s) and authorized representative in all matters pertaining to the City's participation in the HMGP. The City of Beaumont desires to increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and loss of property, and suffering and hardship, by lessening the impact of future disasters. The city desires a viable community, including decent housing and a suitable living environment and expanding economic opportunities. It is necessary and in the best interest of the city to apply for funding under the Hazard Mitigation Grant Program (HMGP). The HMGP application is hereby authorized to be filed by the City of Beaumont with TDEM for the mitigation efforts under DR-4485 Notice of Funding Opportunity. The projects detailed within the application will address major drainage improvements in the southeastern portion of the City of Beaumont which were identified as a risk due to Hurricanes/Tropical Storms/Tropical Depressions and Riverine Flooding, thereby placing undue and certain health and safety risks on residents. The total project cost is $47,102,735 to include construction, engineering, acquisition, and associated services. The CDBG-MIT Application request amount will be 90% of the total project cost, $42,392,461.50. The application will require a match of 10% in the amount of $4,710,273.50 committed by the City of Beaumont from the General Fund. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) FOR HAZARD MITIGATION GRANT PROGRAM (HMGP) FUNDING; AND AUTHORIZING THE MAYOR AND/OR THE INTERIM CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER(S) AND AUTHORIZE REPRESENTATIVES IN ALL MATTERS PERTAINING TO THE, CITY's Minutes — June 28, 2022 PARTICIPATION IN THE HAZARD MITIGATION GRANT PROGRAM. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, PELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-162 3. Consider approving a contract with Public Management of Cleveland, Texas for Professional Administration Services related to the Texas General Land Office (GLO), Community Development Block Grant — Disaster Recovery (CDBG-DR) Program. The Professional Administrator will develop project scope and complete CDBG-DR application(s) associated with 2019 Disaster (DR-4466) Tropical Storm lmelda. The city is considering applying for such funding for drainage improvement/mitigation construction and activities. The Professional Administrator will help the GLO fulfill State and Federal CDBG- DR statutory responsibilities related to recovery in connection with any federally declared disaster and assist the GLO and/or grant recipients in completion of CDBG-DR projects. Three (3) responses were received and evaluated by City Staff. Funds will come from the Community Development Block Grant and the Disaster Recovery Program. Approval of the resolution. Councllmember Feldschau moved to APPROVE A RESOLUTION THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH PUBLIC MANAGEMENT, OF CLEVELAND, TEXAS, FOR PROFESSIONAL ADMINISTRATION SERVICES RELATING TO THE TEXAS GENERAL LAND OFFICE (GLO), COMMUNITY DEVELOPMENT BLOCK GRANT -DISASTER RECOVERY (CDBG-DR) PROGRAM. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER AND PELDSCHAU NAYS: COUNCILMEMBER NEILD MOTION PASSED Resolution 22-163 PUBLIC HEARING Receive comments related to community needs and discuss all Community Development Block Grant -Disaster Recovery (CDBG-DR) and non-CDBG-DR funding opportunities Minutes — June 28, 2022 Public Hearing Open: 1:55 p.m. None Public Hearing Close: 1:55 p.m. DISCUSSION ITEMS Review and discuss Redistricting, including a proposed map: Map A Mr. Rezzin Pullum with Bojorquez Law Firm, reviewed and discussed redistricting and the proposed map A. Mr. Pullum first discussed the City Charter regarding Article III, Section 2; that speaks of the composition of the City Council. The City of Beaumont's population data in each ward was discussed with a total population tabulation: Ward 1 31,608 Target 28,807 Dev. 9.72% Difference 2,801 Ward 11 31,925 Target 28,807 Dev. 10.82% Difference 3,118 Ward III 28,192 Target 28,807 Dev. -2.13% Difference -615 Ward IV 23,502 Target 28,807 Dev. -18.41 % Difference -5,305 Mr. Pullum discussed draft Map A population totals and what changed and the existing boundaries. Mr. Pullum stated that Draft Map A's total maximum deviation was 4.04%, Wards 1, II and III were redrawn. Ward I would have 2,544 less people under Draft Map A (29,064); Ward I I would have 2,569 less people under Draft Map A (29,356); Ward 111 would have the same amount of people under Draft Map A (28,192); and Ward IV would have 5,113 more people under Draft Map A (28,615), there would also be no substantial retrogression in minority voting power. There was discussion of the next steps, which would be to have civic engagement (public hearing), the adoption of the new plan by the City Council and a final report to the City Council. The timeline would be a proposed first public hearing on July 12, 2022, with a recommended latest day final adoption date of the maps on July 19, 2022. The plan must be adopted at least three (3) months prior to election day. The City of Beaumont's next election will be held in May of 2023. Review and discuss a proposal from Econautics Sustainability Institute LLC ("Econautics") to utilize 125 Magnolia for an urban agriculture and educational use Mr. John Wood, President of Econautics which is a 501 c (3) not -for -profit organization stated that Econautice mission will be to promote sustainable solution to social, economic, and environmental challenges. Their focus is on food security which stands at the intersection of these three domains. Minutes — June 28, 2022 COMMENTS The program is motivated by several years of community organizing and feedback from stakeholders throughout the community including government leaders, business owners, religious leaders, and parents. They have partnered with the University of Houston Gerald D. Hines College of Architecture and Design to create architectural renderings displayed herein. Mr. Wood stated that Econautics is asking the City of Beaumont to let them have the property located at 125 Magnolia to convert it into a community resilience center featuring urban agricultural production; a commissary and kitchen; food production, processing, and storage; and STEM education for students and teachers of BISD. There was additional discussion as to how Econautics chose their program design, their plans, turning "Space" into "Place": The secret ingredient is the community, as well as their letter of intent terms and what they are wanting from the city. Public Comments (Persons are limited to three minutes) Marc McDonald 870 21st St, Beaumont TX Spoke to Council regarding the homeless encampment on liberty St., located in the Oaks Historic District, stated that on February 18th he sent emails to several of the Councilmembers regarding this encampment, recently he had a couple drive to Beaumont to purchase property located at 52 N. 7t" St., two days later they called and said there was a homeless encampment two blocks from the property, asked that someone check into this issue Peggy Premeaux 52 N. 7th St, Beaumont TX Stated to Council that the property that was discussed in the earlier comments was her brother's house, it didn't sell, stated that she needed that money to take care of her brother and the buyers wouldn't purchase the home due to the homeless encampment, she's very angry about this and would like someone to look into this, it's just not right that the homeless encampment is in a historical neighborhood Barbara Wilson 2440 Liberty Beaumont TX Stated that she's a homeowner in the Oaks Historic District and works very closely with the homeless and has nothing against them, however she doesn't think it's a proper place for this encampment, it's not a welcome Michael Finnell 3055 Cartwright Beaumont TX Read a quote from the late John Lewis, stated that if a man or a woman cannot report to work daily and earn a living free of racism, discrimination, be it race, age, gender or sexual preference who are we as a Nation, stated that ExxonMobil has been the judge, jury and prosecutor in his case, made comments to ExxonMobil and the judge that he will not comply Minutes — June 28, 2022 with their cheating rules that violate the public trust and making rules only enforceable against handicapping the outcome, constant errors, amendments, changes and docket issues, the truth doesn't change, that's what's happening to him, is not unique, it's a method of shutting up those trying to get justice, stated that what Exxon Mobil did to him inside and outside of the facility is criminal and will be addressed as such, stated he will petition this nationally as a hate crime because that's what it involves, made additional comments regarding ExxonMobii and other employees Grace Mathis 150 N. 7tt, St. Beaumont TX Addressed the issue of the homeless encampment in her neighborhood which is in the Oaks Historic District, stated that she lives about a block or two away from the encampment, wanted to expand on the information that has already been given because she knows that the unhoused population and problem with homelessness affects everyone and that many of them care deeply about and agrees with the residents that spoke earlier that having an encampment in the middle of the neighborhood isn't the best solution for anyone, read a quote by Mahatma Gandhi, made additional comments regarding the encampment Vernon Durden 16436 Westbury Rd. Beaumont TX Commented on the previous presentations and the fact that they were led by young people, also commented on the food desert problem, stated that there is a food shortage in Beaumont and in the world, he's the past president of The South East Texas Food Bank and they are doing lots of things to help food deserts, the Econautics project will be great for Beaumont Texas and Southeast Texas, what better way to help vitalize downtown Beaumont but with this project, it will also help high school students Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER DURIO - COMMENTED ON THE PEAR ORCHARD NEIGHBORHOOD ASSOCIATION MEETING ON THURSDAY, THE MEETING WENT VERY WELL, SHAQUEENA NOBLES WITH THE EMERGENCY MANAGEMENT OFFICE WAS THE GUEST SPEAKER AND OFFICER HALEY MORROW REPORTED ON CRIME STATS, THIS PAST SATURDAY HE ATTENDED A LUNCHEON WHERE HE PRESENTED A LETTER OF APPRECIATION TO FELICIA REYNOLDS, SHE RETIRED AFTER 24 YEARS OF SERVICE AS PRINCIPAL AT ST. ANTHONY'S SCHOOL, ALSO ATTENDED THE AMATEUR RADIO RELAY LEAGUE AND PRESENTED A PROCLAMATION ON BEHALF OF THE CITY OF BEAUMONT, REMINED EVERYONE THAT WE ARE IN HURRICANE SEASON, BE SURE YOU'RE READY COUNCILMEMBER GETZ - THANKED THE CITY OF BEAUMONT EMPLOYEES AND INTERIM CITY MANAGER CHRIS BOONE FOR PAYING ATTENTION TO COUNCIL'S REQUEST TO HELP BEAUTIFY THE CITY, IT HASN'T GONE UNNOTICED THAT SOME OF THE MEDIANS HAVE HAD LANDSCAPING DONE TO THEM, GAVE SEVERAL LOCATIONS THAT LOOK REALLY GOOD, THANKED JOHN WOOD AND BROOKSIE EAST FOR THEIR PRESENTATION AS WELL AS REZZIN PULLUM FOR HIS PRESENTATION ON REDISTRICTING, Minutes — June 28, 2022 ALSO MADE COMMENTS REGARDING THE HOMELESS CAMP AND A WORKSHOP THAT WAS HELD PREVIOUSLY COUNCILMEM13ER TURNER - ASKED IF THE CITY COULD TAKE A MORE SERIOUS APPROACH REGARDING THE HOMELESS ENCAMPMENT THAT CITIZENS SPOKE ABOUT PREVIOUSLY, THANKED STAFF FOR THE JUNETEENTH CELEBRATION, IT WAS A HUGE SUCCESS, THANKED INTERIM CITY MANAGER CHRIS BOONE WHO WORKED REALLY HARD ON THE CELEBRATION, STATED THAT THE 4TH OF JULY CELEBRATION IS AROUND THE CORNER AND WE ARE GOING TO CELEBRATE THAT AS WELL, ENJOYED THE PEAR ORCHARD NEIGHBORHOOD ASSOCIATION MEETING, IT WAS A GOOD TURN OUT WITH GREAT INFORMATION, APPRECIATES STAFF AND THE AMOUNT OF GRANTS THAT STAFF HAS APPLIED FOR AND RECEIVED, BOTH PRESENTATIONS WERE GREAT AS WELL COUNCILMEMBER FELDSCHAU - FOR THE SAKE OF CLARIFICATION, COMMENTS HAVE BEEN MADE IN REGARDS TO EXECUTIVE SESSION AND PROJECTS LIKE DEEP BLUE AND MERCURY AND WHY IS COUNCIL NAMING THEM IN CODE AND NOT BEING MORE TRANSPARENT, PLEASE KNOW THAT COUNCIL DOESN'T NAME THE PROJECTS THE INDIVIDUALS THAT ARE NEGOTIATING WITH THE CITY NAMES THE PROJECTS, IT'S NOT AN ISSUE OF TRYING TO HIDE ANYTHING IT'S THEIR CHOICE, COMMENTED ON THE 4T" OF JULY CELEBRATION, ENCOURAGED EVERYONE TO COME OUT AND ENJOY, PLEASE BE CAREFUL WITH YOUR CHILDREN AND THE FIREWORKS MAYOR PRO TEM SAMUEL - APPRECIATES THE PROJECTS THAT WERE BROUGHT FORTH, THERE ARE MANY THINGS BEING DONE IN DOWNTOWN BEAUMONT, NEED TO MAKE SURE THAT THOSE ACROSS THE CITY CAN SEE WHAT'S GOING ON, APPRECIATES STAFF FOR ALL THEY DID FOR JUNETEENTH, IT WAS A SUCCESS AND KNOWS THAT THE 4T" OF JULY CELEBRATION WILL BE A SUCCESS AS WELL COUNCILMEMBER NEILD - THANKED BOTH PRESENTERS FOR THEIR PRESENTATIONS, ALSO MADE COMMENTS REGARDING THE HOMELESS WHICH OF COURSE IS A TOUCHY SUBJECT, STATED THAT MONEY WAS DONATED TO THE SALVATION ARMY AND THAT WAS GOING TO BE SOMEWHAT OF A FIX, STATED THAT. IT'S HIS UNDERSTANDING THAT THE HOUSES ARE HALF FULL, ADMITTED THAT HE WOULD BE MAD AS HELL IF THAT WAS TAKING PLACE NEXT DOOR TO HIS HOME OR THEIRS, CHALLENGED STAFF TO HELP COUNCIL TAKE THIS TO ANOTHER STEP BECAUSE OBVIOUSLY WHAT'S BEING DONE ISN'T WORKING CITY ATTORNEY REED - THANKED COUNCIL THE MAYOR AND INTERIM MANAGER BOONE FOR THE CONDOLENCES ON THE LOSS OF HER Minutes —June 28, 2022 GRANDMOTHER, AS IT RELATES TO THE HOMELESS STATED THAT SHE HEARS THE RESIDENTS AND THEIR CONCERN, STATED THAT STAFF HAS BEEN WORKING TO FIND SOLUTIONS TO THE PROBLEM, THERE WERE SOME THINGS THAT WERE STATED ON TODAY THAT STAFF MAY BE ABLE TO USE MOVING FORWARD, STATED THAT SOME OF THE HOMELESS ARE CHOOSING TO NOT UTILIZE THE HOMELESS SHELTER BUT STAFF WILL WORK HARD TO WORK ON THIS SITUATION INTERIM CITY MANAGER BOONE - NONE MAYOR MOUTON - THANKED JOHN AND BROOKSIE FOR THEIR PRESENTATION AS WELL AS REZZIN PULLUM ON THE REDISTRICTING, ALSO COMMENTED ON THE OAKS HISTORIC DISTRICT AND THE HOMELESS ENCAMPMENT, HOPEFULLY THE CITY CAN COME TO SOME RESOLUTION, THANKED PASTOR TARA THOMPSON FOR THE INVOCATION, CONGRATULATED PATANDERSON ON BEING INSTALLED AS THE NEW PORT OF BEAUMONT PRESIDENT, THANKED COUNCILMEMBER DURIO FOR THE TWO PROCLAMATIONS THAT HE READ OVER THE WEEKEND, ALSO MENTIONED HURRICANE SEASON, COMMENTED ON THE LIGHT AT WASHINGTON AND 11TH ST., SHE HAD A CONVERSATION WITH THE RAILROAD REPRESENTATIVE,, STATED THAT THE LIGHT SHOULD BE WORKING REALLY SOON, STAFF IS WORKING HARD AND IT HASN'T BEEN IGNORED, THERE'S A LOT OF FIRE FIGHTERS IN 13EAUMONT FOR THE NATIONAL FIRE FIGHTERS TRAINING AT FORD PARK, COMMENTED ON THE FANTASTIC JUNETEENTH CELEBRATION, THANKED STAFF AND INTERIM CITY MANAGER CHRIS BOONE FOR ALL OF THEIR HARD WORK, ENCOURAGED EVERYONE TO COME OUT AND CELEBRATE THE 4T" OF .DULY CELEBRATION Open session of meeting recessed at 3:23 p.m. EXECUTIVE SESSION * 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 Deliberate the appointment, employment and duties of the City Manager position in accordance with Section 551.074 of the Government Code -Personnel Matters, Closed Meeting: Christopher S. Boone Lionel D. Lyons Kenneth R. Williams Minutes --June 28, 2022 Robin Mouton, Mayor Tina Broussard, City Clerk Minutes —June 28, 2022 L� BEAUMONT TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider a resolution approving a contract with WJE Associates, Inc,, of Austin, Texas for Professional Engineering Services — Bridge Repairs at Various Locations City Wide. BACKGROUND The Texas Department of Transportation (TxDOT) performs biannual bridge inspections on City of Beaumont maintained structures through the Routine Off System Bridge Inspections program. The 2021 inspection cycle recommended structural repairs be made within two (2) years, or before the next inspection cycle, for thirteen (13) of the fifty-eight (58) bridges inspected. The proposed engineering scope of work includes further inspection and design of recommended repairs. Engineering services shall include performing bridge inspections, preparing inspection reports, evaluate alternatives, develop scope of repairs and engineering design, provide materials testing, cost estimates, plans and specifications to address damages and repairs to thirteen (13) City of Beaumont maintained Bridge Structures. Four (4) responses were received and evaluated by City Staff. The criteria and scores are attached. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. » 0 / ( E/ _ / O 8 r, CD m \ § _ ƒ ) ( & \ ) § g m m e co co e e = J R ( \ ) § @ @ @ S / / Qj \ 0 { w < u IA 3 ~ G % \ e _ \ 2 � & $ ] 2 Cl \ LO « p \ e \ p E $ [ / / { 2 a # — d m 2 / \ j 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 a Professional Engineering Services Agreement with WJE Associations, Inc., of Austin, Texas, for engineering services related to bridge repairs at various city-wide locations. 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 19th day of July, 2022. - Mayor Robin Mouton - C 1!. TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider a resolution authorizing the settlennent of the lawsuit styled GADV Inc. d/b/a L&L General Contractors vs, of Beaumont; Cause No. A-207973. BACKGROUND The lawsuit styled GADV Inc. d/b/a L&L General Contractors vs. City of Beaumont; Cause No. A-207973 was presented and discussed in Executive Session held on June 14, 2022. The City Attorney is requesting authority to settle this suit in the amount of $400,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuit styled GADV Inc. d/b/a L&L General Contractorsvs. Ci of Beaumont; Cause No. A-207,973, was discussed in Executive Session properly called and held Tuesday, June 14, 2022; and, WHEREAS, the City Attorney is requesting authority to settle the lawsuit; and, WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the suit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and she is hereby, authorized to settle the matter of GADV, Inc. d/b/a L&L General Contractors in the lawsuit styled GADV, Inc. d/b/a L&L General Contractors vs. City of Beaumont; Cause No. A-207,973, for the sum of Four Hundred Thousand and XX/100 Dollars ($400,000.00); and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute all documents related to settlement of the lawsuit. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL. of the City of Beaumont this the 19th day of July, 2022. - Mayor Robin Mouton IC TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Chris Boone, Interim City Manager Todd Simoneaux, Chief Financial Officer July 19, 2022 Council consider a resolution authorizing the repair of the precision approach path indicator lights at the City municipal airport. BACKGROUND The precision approach runway indicator lights at the City Municipal Airport are having intermittent issues where they are not working and temporary repairs are not correcting the issues. As these lights are used to guide air traffic into the airport, it is crucial that they have permanent repairs and replacement done immediately as an emergency procurement. B-C Company Inc. of Fort Worth specializes in airport lighting and will be replacing all necessary equipment to insure that the lighting performs as required. The estimated amount for the work is $75,422.08. FUNDING SOURCE Municipal Airport Fund 50%, RAMP Grant 50%. 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 approve emergency work to be performed by B-C Company, Inc., of Fort Worth, Texas, in the estimated amount of $75,422,08, for the repair of the precision approach path indicator lights located at Beaumont Municipal Airport. 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 19th day of July, 2022, Mayor Robin Mouton - BEAUMONT E TO: City Council FROM: Claris Boone, Interim City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider a resolution to designate a public accountant to perform auditing services for FY 2022 BACKGROUND Per the City Charter, Article I1I, Section 12, states "prior to the end of each fiscal year, the City Council shall designate one or more qualified public accountants who shall make an independent audit of accounts and other evidence of financial transactions of the City government," On July 9, 2019, Council awarded a contract to Whitley Penn, LLP of Houston for audit services for fiscal year 2019 with the option to extend by mutual consent to fiscal years 2020, 202t and 2022. Fees for the FY 2022 audit will be $105,855 which is an increase of $2,075 from FY 2021, FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the firm of Whitley Penn, LLP, of Houston, Texas, was designated as the independent auditing firm for the City of Beaumont for the fiscal year ending September 30, 2019 with an option to renew on a year-to-year basis for a period not to exceed three (3) additional years, upon mutual consent of both parties. THAT the City Council hereby consents to the contract extension with Whitley Penn, LLP for the fiscal year 2022 in the amount of $105,855.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of July, 2022. - Mayor Robin Mouton - F TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider a resolution approving a contract for the purchase of aluminum sulfate for use in the Water Utilities Department. BACKGROUND Aluminum Sulfate is used to clarify and purify the City's water supply. The Water Utilities Department expects to purchase approximately one thousand (1,000) dry tons of this material during the term of this contract. Bids were requested from ten vendors and five responses were received. G20 Technologies LLC, of Little Rock, Arkansas responded with the low qualified bid of $332 per dry ton for a total estimated six-month usage amount of $332,000. This represents a sixty eight percent (68 %) increase in the price of this material from the current contract that is $197,79 per dry ton and is held by Brenntag Southwest, Inc. of Lancaster Texas. The current contract was bid as an annual contract, but in the present market, vendors are unable to hold pricing for a year. New specifications allow for a six-month contract with the option of one six month renewal at the same terms and pricing. Staff recommends award of the contract, There are no local vendors of this cornniodity. Bid tabulation is attached. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. City of Beaumont Texas BEAUMONT Purrhas€ng Division Bld Tabulatlon ... �. Bid Name: Six (6) Month Contract for Water Treatment Chemicals. Aluminum Sulfate Bid Number. TF0622.31 Bid Opening: Thursday, June 23, 2022 Contact Person: Terry Welch, Senior Buyer lerey.weichCbeaumonllexa s. gov Phone 409-880-3107 G20 Technologles, LLC Brenniag Southwest, Inc. Chomirade Chemicals US, LlC Unlvar Solutions USA Inc. Vendor City 1 State Little Rock, AR Lancaster, Texas Parsippany, NJ Kent , We Phone or Fax No. 501-888-1148 501-8684148 9735154461 263-812-5041 DESCRIPTION CITY Lbs Unit Price Extended Price Unit Price Extended Price Unit Pdce Extended price Uolt Price Extended P ce Aluminum Sulfate 1,000DRY $3321DryTon $332,000.00 $353.23.001DryTon $363.230,00 $521I0iyTon $521,000.00 $5327Dry $632,000.00 TONS Ton TOTAL BID $332,000.00 $363,230.00 $521.000.00 532,000.00 Pencco Inc. Vendor City I State San Felipe, Texas Phone or Fax No. 979-885-3208 DESCRIPTION QTY (Lbs) Unit Price Extended Price Aluminum Sulfate 2,000 DRY N0810 NO BID TONS TOTAL BID NO BID Oualhed low bidder Is G20 Technologies as Ni Lighted In Sold. RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract, with the option of one (1) renewal of a six (6) month term at the same pricing as the awarded contract, for the purchase of Aluminum Sulfate for use by the Water Utilities Department; and, WHEREAS, G20 Technologies, LLC, of Little Rock, Arkansas, submitted a bid for an estimated amount of $332,000.00 as shown below: Quantity Description Price/Ton 1000 Dry Tons Aluminum Sulfate $332,00 Estimated Annual cost: Aluminum Sulfate $332,000.000 ;and, WHEREAS, the City Council is of the opinion that the bid submitted by G20 Technologies, LLC, of Little Rock, Arkansas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by G20 Technologies, LLC, of Little Rock, Arkansas, for a six (6) month contract, with the option of one (1) renewal of a six (6) month term at the same pricing as the awarded contract, for the purchase of Aluminum Sulfate for use by the Water Utilities Department in the unit amounts as shown above for an estimated amount of $332,000.00 as shown above be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute a contract with G20 Technologies, LLC, of Little Rock, Arkansas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of July, 2022. - Mayor Robin Mouton - G TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider a Resolution authorizing the City Manager to execute a lease agreement with the Beaumont Art League. BACKGROUND The Beaumont Art League is located at 2675 Gulf Street and has a mission of supporting the visual arts and arts education in Southeast Texas, The City owns the land and building and has leased the property to the Art League since 1977. The City's current lease with the Art League expires on August 31, 2022. The proposed agreement would extend the lease by one year. FUNDING SOURCE The City will receive $1.00 upon execution of the lease. RECOMMENDATION Approval of 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 a Lease Agreement between the City of Beaumont and the Beaumont Art League for the lease of property located at 2675 Gulf Street for a one (1) year term commencing on September 1, 2022 and ending on August 31, 2023. The Lease 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 19th day of ,July, 2021. - Mayor Robin Mouton - THE STATE OF TEXAS COUNTY OF JEFFERSON § LEASE AGREEMENT THIS LEASE CONTRACT, dated September 1, 2022, by and between the CITY OF BEAUMONT, a municipal corporation of Jefferson County, Texas, acting herein by and through its duly authorized City Manager, hereinafter referred to as LESSOR, and the BEAUMONT ART LEAGUE, a corporation of Jefferson County, Texas, acting herein by and through its legally constituted officers, hereinafter referred to as LESSEE; WITNESSETH: For and in consideration of the sum of One Dollar ($1.00) cash and the performance by LESSEE of the covenants and conditions hereinafter recited, LESSOR does by these presents lease, let and demise unto LESSEE the following described property and improvements thereon, located within the City of Beaumont, Jefferson County, Texas, and being part of Fair Park, and more particularly described as follows: Being a tract of land out of the South Texas State Fair Grounds property in the James Drake Survey in the City of Beaumont, Jefferson County, Texas, and being more particularly described as follows: Beginning at a point lying sixty-seven and sixty-five hundredths feet (67.65) west of the west line of Gulf Street and three hundred sixty-one and thirty-five hundredths feet (361,35) north of the north line of Plum Avenue as both are now established in the City of Beaumont, said point being marked by a one-half inch (1/2") iron rod; Thence west two hundred two feet (202') to corner marked by a one-lralf inch (W') iron rod, said point being at the south edge of an existing concrete walk and being thirty feet (30') east of the easterly line projected of what is now known as the Agricultural Building; Page 1 of S EXHIBIT "A" Thence south 00 degrees 03 minutes west along a line parallel with and thirty feet (30') east of the easterly line of said Agricultural Building ninety-six and sixty-five hundredths feet (96.65') to corner marked by a one-half inch (W') iron rod, said point being in line with the southerly line of said Agricultural Building projected eastward; Thence south 89 degrees 54 minutes east along the southerly line of said Agricultural Building projected eastward two hundred two feet (202') to corner marked by a one-half inch (A") iron rod; Thence north 00 degrees 03 minutes east ninety-seven feet (97') to the place of beginning; The above described tract, herein referred to as Leased Premises, contains 0.449 acres and improvements, more or less; 1. The lease shall be for a term of one (1) year, beginning September 1, 2022 and ending on August 31, 2023, unless terminated as provided for herein. 2. The Leased Premises (see Exhibit "A") hereunder shall be used by the LESSEE for the purpose of advancing the arts and for such other further purposes as the LESSEE desires in the furthering of fine arts. 3. LESSOR reserves the right to park motor vehicles on the Leased Premises in connection with its use of the premises for purposes of advancing the ants. 4. LESSOR, its employees and agents, shall have the right at all times to go on or about the said premises for the purpose of inspecting same, or for any other legitimate purpose. Page 2 of 8 S. LESSEE shall not make alterations, additions or improvements to the Leased Premises or buildings thereon without the prior written approval of the City Manager of LESSOR or his DESIGNEE, and all such alterations, improvements and additions made by LESSEE upon the Leased Premises shall remain upon the Leased Premises at the expiration of this lease and become the property of LESSOR. M LESSEE shall be responsible for any and all maintenance, repairs, and improvements, either major or minor, that are necessary to the Leased Premises and LESSEE agrees to keep the Leased Premises in a good state of repair throughout the term of this lease or any extension thereof, LESSOR agrees to pay all utility charges during the term of this lease and any extensions. On the expiration of this lease, LESSEE shall deliver the premises described herein and all improvements thereon to LESSOR in good condition, LESSOR may, at its own cost and expense, make improvements or repairs to the Leased Premises, subject to the appropriation of City fiends, although LESSOR is under no obligation to do so. The LESSOR shall consult with LESSEE prior to making said improvements. ?. LESSEE shall not sublease or rent any portion of the Leased Premises without the prior written consent of the LESSOR. 8. LESSEE agrees to indemnify and save the LESSOR free and harmless from all claims or liability for damages to any person or persons for injuries to person or personal Page 3 of 8 injuries resulting in the death of any person, or loss or damage to property occasioned by or in connection with the use of the premises hereby rented caused by any source whatsoever, expressly including claims arising f►'GIU the alleged negligence of LESSOR. LESSEE hereby assumes full responsibility for the character acts and conduct of all persons admitted to said premises, or to any portion of said building by the consent of said LESSEE, by or with the consent of the said LESSEE. 11 LESSEE agrees to obtain and maintain in full force and effect for the duration of this Agreement, and any extension thereof, Commercial General Liability Insurance on the Leased Premises in the following types and amounts: 8.1 Premises Operations 8.2 Independent Contractors 8.3 Personal Injury 8.4 Advertising Injury 8.5 Medical Payments 8.6 Fire Legal Liability 8.7 Contractual Liability Combined single limit for bodily injury and property damage of $500,000.00 per occurrence with an aggregate limit of $500,000.00 $5,000.00 $50,000.00 $500,000.00 The cost of said policies shall be borne by LESSEE, and said policies shall name LESSOR as a named insured as well as LESSEE. Policies shall provide for fifteen (15) days' notice to LESSOR for cancellation, non -renewal or material change. LESSEE shall further maintain fire insurance with extended coverage endorsements on a replacement basis for the full insurable value covering all of the Leased Premises, with the LESSOR named as co -loss payee. This policy shall be for a term of not less than one (1) year and renewed annually prior to expiration so long as this lease is in existence. Certificates evidencing said insurance Page 4of8 shall be provided to the LESSOR. The certificate shall provide for a minimum of fifteen (15) days' notice to LESSOR of any cancellation of the insurance required herein. Should the Leased Premises or any portion thereof be wholly or partially destroyed or lost by fire, explosion, windstorm, theft or any other cause, any and all monies payable and collectible on policies of insurance covering the Leased Premises shall be paid to LESSOR. LESSOR shall have sole discretion concerning whether to rebuild or repair the Leased Premises or take no action to rebuild or repair. LESSOR has no insurance on contents within the Leased Premises, Should LESSEE desire to insure contents, LESSEE must provide such insurance at its own cost and expense. Should LESSOR opt not to repair the Leased Premises after an insured loss then LESSEE may at its option terminate this lease and whether it terminates or not, shall have no responsibility to repair the damages caused by the insured loss to the Leased Premises, notwithstanding the provisions of Paragraph 6. 10. At the expiration of the term of this lease, LESSEE may hold over on a month -to -month basis only under the same terms and conditions as set out in this lease. Either party may terminate the lease agreement upon sixty (60) days' notice in writing to the other party. In the event of termination LESSEE agrees to remove its property from the leased premises and to leave the premises in good repair without damage. Page 5 of 8 12. LESSOR reserves the right to enter into Agreements with other entities at any time during the term of this Agreement, or any extension thereof, which may limit access to Leased Premises as described. 13. This lease is made subject to all provisions of the City Charter of the City of Beaumont, Texas. EXECUTED in duplicate originals this LESSOR: CITY OF BEAUMONT MN day of 12022, ATTEST: CHRIS BOONE, INTERIM CITY MANAGER TINA BROUSSARD, CITY CLERK LESSEE: BEAUMONT ART LEAGUE ATTEST: MARY ELLEN VONNETZER, PRESIDENT (Typed or Printed Name & Signature) Page 6 of 8 I ----mmmmk� iA EXHIBIT "A" Page 7 of 8 I Page 8 of 8 TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PRE PARE, BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to award a contract to D & M Tanks, LLC, of Kennedale, for the City of Beaumont Elevated and Ground Water Storage Tank Cleaning Project. BACKGROUND This project is for the interior cleaning and complete inspection of the Prison ground and elevated water storage tanks, the South elevated storage tank, and the Southwest elevated storage tank. On June 30, 2022, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $120,400.00. The bid totals are indicated in the table below; Contractor Location Total Bid Amount D & M Tanks, LLC Kennedale, TX $89,850.00 Bishop Environmental Services S lendora, TX $90,000.00 Viking Painting, LLC La Vista, NE $113,900.00 Texas Tank Services Whitehouse, TX $117,300.00 The Water Utilities staff recommends this project be awarded to the lowest bidder, D & M Tanks, LLC, in the amount of $89,850.00. A total of forty (40) calendar days are allocated for completion of the project. FUNDING SOURCE Water Fund — Contract Services, RECOMMENDATION Approval of the resolution. 54 V� m E M 0 0 0 o O O (pp] o o cl'i ppp N M o � F- ~ Z M 0 O O O p p o O m O O tc(D Q ' a 0) CO 49 W 69 rA a sb UI 0 0 0 0 6 o ..J d V rn LLc 7 0 = co N sV� N N r Z 7 Vi V) (9 49 V3 0 O O o O o O p O O O o O O 6 a N N o N N 0)) u y O rn V3 (n 49 0 In fA c W 0 0 o a aN o U 0 0 C C L� Z N N N V) Vl 19 Eo Vt 0 0 0 0 0 a c ci U W O to M toC 0) C of c w w •- 0 rn ro U m F a e o 0 0 0 S 0 I o 0 r Z J o 0 0 0 0 O 0 W Q p O h o O o CJ q V Or 40] P (n N N 69 to M Ln ~ Z M N N J C � O d � to 3 Y C W F„ Z P 0 0 W p m UA O too m U vi m W n oa C yo a v n� O 6 a d y U7 a n N a N 0 0 '(C(p 0 N c � c E E E— v U c U c U'= 41 U m w 4) m m `o c'� ma m va7 m F•- N r r r r Q d O Z � r N M v �n W RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Elevated and Ground Water Storage Tank Cleaning Project; and, WHEREAS, D & M Tanks, LLC, of Kennedale, Texas, submitted a bid in the amount of $89,850,00; and, WHEREAS, the City Council is of the opinion that the bid submitted by D & M Tanks, LLC, of Kennedale, 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 D & M Tanks, LLC, of Kennedale, Texas, in the amount of $89,850.00 for the Elevated and Ground Water Storage Tank Cleaning Project; and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute a contract with D & M Tanks, LLC, of Kennedale, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of July, 2022. - Mayor Robin Mouton - BEAUMONT � TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with Environmental Engineering & Geotechnics (EE&G) for installing a groundwater monitoring well. BACKGROUND The ground water monitoring well will be installed by Environmental Engineering & Geotechnics (EE&G) to delineate groundwater contamination. The license will cover one (1) well on Buford Street, cast of Pennsylvania Avenue, encroaching onto the City's right-of-way located 1' east of the terminus of Buford Road and 2' north of the edge of Buford Road. The request from EE&G was submitted to all City departments and utility companies with no objections. AT&T, a SouthwesternBell Telephone Company (SWBT) approved the license to encroach with the following conditions: AT&T has a major communication cable in the area of the proposed monitoring well. Locates and caution will be essential to minimize the risk of a major outage. Issues or concerns can be referred to the AT&T Design Engineer, Mark Welch at (346) 312-7271 or mw5296,c att.com. AT&T accepts no responsibility for damage to the encroachments both present and fixture. EE&G shall be liable for any additional cost incurred by AT&T/SWBT during construction and/or maintenance of its facilities. The City of Beaumont will not be responsible for any damage to the monitoring well if the water or sanitary sewer main should ever develop a cavity or due to any repairs to the City mains by City crews. The City ofBeauniont shall not be responsible for the repair and replacement of the monitoring wells, The Environmental Contractor will be invoiced for any damages that occur to City water and/or sanitary sewer mains during the installation and/or removal of any of the monitoring wells. The License Agreement protects the City from liability and provides a thirty (30) day cancellation clause. FUNDING SOURCE There is a one time non-refundable fee of $500 from Environmental Engineering & Geotechnics for the License to Encroach. RECOMMENDATION Approval of resolution. RESOLUTION NO, WHEREAS, Environmental Engineering & Geotechnics (EE&G) has requested that the City of Beaumont grant a License to Encroach into a City right-of-way, which is described as being located one foot (1') east of the terminus of Buford Road and two feet (2') from the north edge of Buford Road onto City -owned property located at Buford Street, east of Pennsylvania Avenue, to the City of Beaumont. The encroachment being one (1) proposed ground water well encroaching into the City right-of-way, as described in Exhibit "1" attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the Interim City Manager be and he is hereby authorized to execute a License to Encroach with Environmental Engineering & Geotechnics (EE&G) to encroach into a City right-of-way which is described as being located one foot (1') east of the terminus of Buford Road and two feet (2') from the north edge of Buford Road onto City - owned property located at Buford Street, east of Pennsylvania Avenue. Said encroachment being one (1) proposed ground water well encroaching into the City right- of -way, as described in Exhibit "1" attached hereto and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of July, 2022. - Mayor Robin Mouton - LICENSE TO ENCROACH STATE OF TEXAS ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Environmental Engineering & Geotechnics (EE&G), hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Monitoring Wells — encroaching onto the City's right-of-way located 1' cast of the terminus of Buford Road and 2' from the north edge of Buford Road. Approximate GPS. 30.072625,-94.091.844 Said encroachments are shown on Exhibit "A", attached. NOW, THEREFORE, Licensor hereby grants to License a license to occupy and use the subject property for the purpose of installing the groundwater monitoring well, subject to all of the terms and conditions hereof. Licensee shall notify 811 forty-eight (24) hours prior to any excavation at site of encroachment. Licensee shall notify the Water Utilities Project Manager at (409) 785-3017 or (409) 785-3019 for utility locates twenty-four hours (24) hours prior to any excavation. Licensee shall maintain a minimum of ten (10) foot separation between the water mains and the monitoring wells (OD to OD). Licensee shall maintain the said monitoring wells in a good and safe condition as may be required to protect the public from injury or property damage. . Licensee shall upon completion of remediation activities, properly close said groundwater monitoring well, with plans subject to approval of the City of Beaumont Water Utilities Department. After three (3) years from the date of this agreement, Licensee shall notify Licensor of their intent to continue using the monitoring wells. Such notice would be sent to the Director of Public Works, City of Beaumont, P.O, Box 3827, Beaumont, Texas 77704. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in wXiting of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Page 1 of 4 EXHIBIT "1" Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either. (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgments or expenses, that Licensor and any fianchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any fianchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such pasties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensor will not be responsible for any damage to the monitoring well if the water or sanitary sewer main should ever develop a cavity or due to any repairs to the Licensor mains by Licensor crews. Licensor shall not be responsible for the repair and replacement of the monitoring wells. The Enviromnental Contractor will be invoiced for any damages that occur to Licensor water and/or sanitary sewer mains during the installation and/or removal of any of the monitoring wells. The Licensor shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or Page 2 of 3 due to any repairs to the Licensor main by Licensor crews. Licensor and any franchised entity of licensor will accept no responsibility for damage to the encroachments both present and future. In addition, the Licensee shall be liable for any additional costs incurred by franchised entity of licensor during construction and/or maintenance of its facilities due to the existence of the encroachment situated on the property. As part of the consideration for this agreement, Licensee shall pay to Licensor the sung of Five Hundred Dollars ($500.00). Said sum being nonrefundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to ENTACT, LLC, 3129 Bass Pro Drive, Grapevine, Texas 76051 or Halliburton Energy Services, Inc., 3000 N Sam Houston Parkway E, Houston, Texas 77032. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of LICENSOR: City of Beaumont By: Chris Boone Interim City Manager o➢AJO LICENSEE: Environmental Engineering & Gcotechnics (EE&G) By: Printed Name: Title: Page 3 of 4 STATE OF TEXAS This instrument was acknowledged before me on the day of , 2022, by Chris Boone, Interim City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the (Name), Engineering & Geotechnics (EE&G). I-R- IM t�M City of Beaumont Antoinette Hardy - Engineering P. O. Box 3 827 Beaumont, Texas 77704 Page 4 of 4 day of , 2022, by (Title) of Environmental Notary Public, State of Texas N O k N, •MAO+e +•ws Ktws P N a A R 61 K omojwp t+ ra—e w PM Lk TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider a resolution awarding amnnal contracts for temporary persomlel services for various departments. BACKGROUND Specifications for the contract require temporary staffing agencies to provide pre-screened and qualified individuals on an on -call and as -needed basis. Temporary employees must pass a drug screen and a criminal background search prior to being assigned to the City. The contract specifications requested firm hourly prices inclusive of wages, benefits, testing, screening, workers connpensations, taxes, and agency fees, Eleven vendors were solicited and five vendors submitted bids for an annual contract to provide temporary employees to fill positions in business offices, skilled and unskilled laborers, equipment operators, and Licensed Vocational Nurses (LVN). Administration reconnniends awarding contracts to Personnel Staffing Inc. of Beaumont, as the Primary vendor, and Advanced Staffing, Inc. of Beaumont, as the secondary vendor. HT Staffing, Ltd. did not nneet bid specifications, as they did not bid on all categories. Bid tabulation attached. FUNDING SOURCE General Fund (32%) and Water Utilities Fund (68%). RECOMMENDATION Approval of the resolution, RESOLUTION NO. WHEREAS, bids were solicited for an annual contract for temporary personnel services for various City departments; and, WHEREAS, Personnel Staffing, Inc., of Beaumont, Texas and Advanced Staffing, Inc., of Beaumont, Texas submitted the lowest bids meeting specifications, as shown in Exhibit "A" attached hereto, for a total amount of $110,950.00 and $128,890,00, respectively; and, WHEREAS, City Council is of the opinion that the bids submitted by Personnel Staffing, Inc., of Beaumont, Texas, and Advanced Staffing, Inc., of Beaumont, Texas, are the lowest responsible bidders providing the best value to the City and should be accepted as primary and secondary providers respectively; 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 bids submitted by Personnel Staffing, Inc., of Beaumont, Texas (primary), and Advanced Staffing, Inc., of Beaumont, Texas (secondary), for an annual contract for temporary personnel services for various City departments, in the dollar amounts as shown on Exhibit "A" attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute contracts with Personnel Staffing, Inc,, of Beaumont, Texas, and Advanced Staffing, Inc., of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of July, 2022. - Mayor Robin Mouton - rN L �f m k+ A w N H O Z O O � m rn m Z r C cn S -o' E. -ci m� n a ra m Q c m 3 fl. @ = m a' �n C v C in n fl n a o aro — 0 0 o m^ Z ■ ti CC> CD 0 n_ W Q O O O O O Q a: ti Af� N AA z d lH7i 0�0 i C S VT 4 O 00G O N In LO j N PQ s o o to <n u, VN a :3 c O O O O O Vy p 4 F. N D O O o O p O 4 m QO CDO (D Q6 Vp7 W N N v {fp Ct OC W O �Ap A pAp fa b ro .� pJ G F4 [ 7 sp OW VF M N A A N .9 ...{' © Q o w o o 2 is gi ro m a ro w v cr p ro � A 61 O l0 N W iR O O Q O N l0 O N O !D AO y u c co 00 O C' w ' O to OF C a O N ,ONO W talk T N Q- X fl1 (M O pp11 O � O ��yy lD O In m to p Q O O O O 0 0 0 0 ro 0 0 o n ro 0 N tnn O pl twD �! lfl �o C j to O O m O p C. Ut W A to N w OT N `G A C, = G J m SM co o 1 Va i/a i/t Vt N uZ in ro w ,at ti , O O O O O 2 w O p p O A O N O O 9 ' d O Q Q O 00 O p0 N ro r n w w n 0 Op w r. V VI fh H N 07 N N tom+ tit ja o w io m H N tD w N V �t,,UU O b C c Co p w N w H N w W p N 73 w N =� 00 O UO V Ol dt N �lT� 3-� A f4 = CL m w O. (nm O N tD W N V A m I- Vi q cr O O O G p O O �' O n 0 p O O O O -0 V O O O O Q O O O fi o O C' n D? W W 0 a a a D F] 3 CL N 7 fp H N 4 m m o a p 9 Q C o 1p � _ coo C p w � o � — V o N 1�0 0 0 Q] m a 3 _ fp � G 3 co d � C C, a � C CL X flf � a C Lf a 3 WAM11-1-Im MIL 1 July 19, 2022 Consider a request to rezone a property from LI (Light Industrial) to GC -MD (General Commercial — Multiple -Family Dwelling) District for the property located at 1190/1192 Gulf Street 111171 [1 TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Chris Boone, Interim City Manager MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider a request to rezone a property from LI (Light Industrial) to GC -MD (General Conan-tercial -- Multiple -Family Dwelling) District for the property located at 1190/1192 Gulf Street. BACKGROUND Joseph Endari would like to rezone the property located at 1190/1192 Gulf Street. Mr. Endari owns the entire north half of the block now and the rest of the property is zoned GC -MD (General Commercial - Multiple Family Dwelling) District. Plans are to develop the property as a unit which needs the property to be consistently zoned. At a Joint Public Hearing held on June 27, 2022, the Planning Commission recommended 8:0 to deny the request to rezone a property from LI (Light Industrial) to GC -MD (General Commercial — Multiple -Family Dwelling) District for the property located at 1190/1192 Gulf Street. The Zoning Ordinance states, "The City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest against such change (has been filed), signed by the owners of hVenty percent (20%) or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the sane and extending t~vo hundred (200) feet therefr•orn, except by the favorable vote of three fourths (314) of all the members of the City Council. " Protest against this request was received from 35% of the land in-imediately adjoining the subject property. Therefore a vote of three -fourths (3/4) of the City Council would be required if the City Council chooses to approve the requested Specific Use Permit. FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the request. BEAUMONT Planning & Community Development Case Typo:Planning and Zoning Case Status: REVIEW Case Sub Type: Rezone Tag Name: Endarl properties - rezone for Case it: PZ2022-204 Mulli-Family development Location: 1190 GULF ST, BEAUMONT, TX Initiated On: 6119/2022 10:35:24AM Individuals listed on the record: Applicant Joseph endad Home Phone: 409-466-7770 1380 gulf st Work Phone: beauniont, TX 77701 Cell Phone: 409-466-7770 E-Mail: endarlbuyandsell@yahoo.com Properly Owner Joseph ondarl Home Phone: 409-466-7770 1380 gulf sl Work Phone: Beaumont, TX 77701 Cell Phone: 409-466-7770 E-Mall: endarlbuyandsell@yahoo.com Legal Description lots 6-7 , block 23 Jirou Number of Acres 0.32 Proposed Use multifamily apartments Notes: Case Type: Planning and Zoning Page 1 of 1 Case Il: PZ2022-204 Printed On: 5/23/2022 l� l f�e� 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 LI (LIGHT INDUSTRIAL) DISTRICT TO GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1190 AND 1192 GULF STREET, 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 Ll (Light Industrial) District to GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 1190 and 1192 Gulf Street, being Lots 6-7, Block 23, Jirou Addition, Beaumont, Jefferson County, Texas, containing 0.32 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. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of July, 2022. - Mayor Robin Mouton - 2022-204: A request to rezone a property from LX (Light Industrial) to GC -MD (General 1111liercial — Multiple -Family Dwelling) District, plicaut; Joseph Endari cation: 1190/1192 Gulf Street 0 100 200 1 1 1 1 Feet EXHIBIT "A" 2 July 19, 2022 Consider a request to rezone a property from RS (Residential -- Single -Family Dwelling) to RM-H (Residential Multiple -Family Dwelling --- Highest Density) for the property located at 1020, 1060 & 1070 Saxe Street 3�LL�JR�11111F.7 TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Chris Boone, Interim City Manager MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider a request to rezone a property from RS (Residential — Single -Family Dwelling) to RM-H (Residential Multiple -Family Dwelling — Highest Density) for the property located at 1020, 1060 & 1070 Saxe Street. BACKGROUND Fred Vernon would like to rezone the property located at 1020, 1060 & 1070 Saxe Street. Mr. Vernon owns 1020 Saxe Street and would like to build an apartment complex on the lot. The property owners for 1060 & 1070 Saxe Street agreed to the rezoning so that Mr. Vernon's request would not create a spot zoning situation. There are several apartment complexes in the area similar to the project proposed by Mr. Vernon. At a Joint Public Hearing held on June 27, 2022, the Planning Corninission reconunended 7:1 to approve the request to rezone a property from RS (Residential -- Single -Family Dwelling) to RM-H (Residential Multiple -Family Dwelling -- Highest Density) for the property located at 1020, 1060 & 1070 Saxe Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. BEAUMONT Planning & Community Developmem Case Type:Pianning and Zoning Case Sub Type: Rezone Case It. PZ2022-213 Location: 1020, 1060 & 1070 SAXE ST, BEAUMONT, 77705 Individuals listed on the record: Applicant Frad Vernon 2040 Williams Avenue Port Arthur, TX 77642 Property Owner Fred Vernon 2040 Williams Avenue Port Arthur, TX 77642 Agent Fred Vernon 2040 Williams Avenue Port Arthur, TX 77642 Case Status: REVIEW Tag Name: apartments in residential area Initiated On: 512412022 1:43:51 PM Horne Phone: 4095503106 Work Phone: Cell Phone: 4096603106 E-Mail: fredvernon@ktvventures.com Home Phone: 4095503106 Work Phone: Cell Phone: 4095503106 E-Mall: fredvernon@klvventures.com Home Phone: 4095503106 Work Phone: Cell Phone: 4095603106 E-Mail: fredvernon@klvventures.com Legal Description Lots 17-20, Bollnott Addition Number of Acres 1110 Proposed Uso Small muitl-family unit Notes., Case Type: Planning and Zoning Pago 1 or 1 Case 11: PZ2022-213 Printed On: 5131/2022 May 24, 2022 To: City of Beaumont Planning Division 801 Main St. Room 201 Beaumont, Texas 77701 From: Transglobal Port Arthur Fred Vernon 2645 Ashley Street Beaurrront, Texas 77702-1223 Re: Rezoning Application 1020 Saxe Street Beaumont, Texas 77705 Legal Description: BOiTNOTf L19-20 LOTS 19 AND 21- 000010071 A rezoning application for the above referenced address was submitted on the City of Beaumont's Portal. I am requesting to rezone the property from Residential Single Family (RS) to Residential Multifamily Dwelling High Density (RM-H). The property Is located on Saxe Street between Park Street and Wyatt Street. currently, the property has a rental single family home occupying 2 lots. The home is In need of repairs with associated costs that cannot be economically Justified based on the rent income, If the rezoning request is approved, the home will be replaced with a 2-story wood frame building, 12 units apartment complex. The objective of the project is to provide high quality affordable living spaces for the citizens In the area. The proposed landscaping buffers will provide the residents an outdoor space for outdoor activities for themselves and their children. The referenced property has Residential Multifamily Dwelling High Density (RM-H) distributed throughout the neighborhood. At 4810 park Street there Is an apartment complex of approximately 32 units. At 4755 Park Street there is an apartment complex of approximately 20 units. At 4905 Wyatt Street there is an apartment complex of approximately 20 units. At 1280 Saxe Street there is an apartment complex of approximately 48 units (Refer to aerial view attached to plans). If approved, the property owner will build an 8 feet tall fence between the rezoned section of the property and the residential areas. In addition, a 10 feet wide landscaping buffer will be constructed on the rear side as well as the left and right side of the property. The drainage plan for the proposed Improvements will ensure that storm water is drained to the available City storm water Infrastructure with zero Impact on the residential neighborhood. A photometric lighting study will be performed to create no nuisance Impact on the adjacent properties. Your approval to rezone the above referenced property from Residential Single Family (RS) to Residential Multifamily Dwelling High Density (RM-H) will allow for the development of a project that will provide much needed residential units in the area and build a project that will generate property and school tax revenue for many years to come. Thank you sf ,," I Fred Vernon Owner Transglobal Port Arthur, To the City of Beaumont, I (Rhil am In support of the zone change and willing to join the application for the 1020 Sae Street: Beaumont, Texas project. i own reside at and own property, 1 Beaumont, Texas, To the City of Beaumont, JC.AV1 l r U b� t ;e���tu�1�'t atn `Ir sLIpport of the zone change and willing to join the appilmdon for the 1020 .'axe Street Beaumont, "texas project, I own property t 6 - '' ) Beaumont, Texas. gowckn max. �iy t 4h ri No Text No Text No Text 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 RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 1020, 1060 AND 1070 SAXE STREET, 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 RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling -Highest Density) District for property located at 1020, 1060 and 1070 Saxe Street, being Lots 17-20 Boitnott Addition, Beaumont, Jefferson County, Texas, containing 1.10 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. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1,01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of July, 2022. - Mayor Robin Mouton - 2 3; A request to rezone a property from RS (Residential --- Single -Fancily Dwelling) RM-H (Residential Multiple -Fancily Dwelling — Highest Density) or a more restrictive istrict. pplicant; Fred Vernon ovation: 1.020,1060 & 1070 Saxe Street 0 100 200 Feet EXHIBIT "A" 3 July 19, 2022 Consider a request for a Specific Use Permit to allow a duplex in an RS (Residential ---- Single-Family Dwelling) District for• the property located at 8230 San Carlos Street TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Chris Boone, Interim City Manager MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a duplex in an RS (Residential — Single -Family Dwelling) District for the property located at 8230 San Carlos Street, BACKGROUND Akram Khalil is requesting a Specific Use Permit to allow a duplex at 8230 San Carlos Street. The approximately 3,672 square foot building would be divided into two (2) residences. The property is surrounded by single family homes and vacant lots in an RS (Residential Single -Fancily Dwelling) District. As this duplex will be located in an RS (Residential Single -Family Dwelling) District, an eight (8) foot tall wood or masort y screening fence along with a ten (10) foot wide landscaped buffer will be required along the north, east and south property lines. The buffer will require one (1) class A or two (2) class B trees every twenty-five (25) linear feet along the property line. At a Soint Public Hearing held on June 27, 2022, the Planning Commission reconi ended 8:0 to approve the request for a Specific Use Permit to allow a duplex in an RS (Residential — Single -Family Dwelling) District for the property located at 8230 San Carlos Street with the following condition: 1. Landscaping and screening to meet Zoning Ordinance requirements. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following condition: 1. Landscaping and screening to meet Zoning Ordinance requirements. BEAUMONT PlaI10119 & C0ltittitlltlty DevalOP111011t Case Type:Planning and Zoning Case Sub Type: Specific Use Permit Case 11: PZ2022-215 Location: 8230 SAN CARLOS ST, BEAUMONT, 77708 Individuals listed on the record; Applicant Akram Khalil PO Box 283 Beaumont, TX 77704 Property Owner Agent Akram Khalil MARK Construction PO Box 283 Beaumont, TX 77704 Case Type: Planning and Zoning Case tl: PZ2022-215 Case Status: REVIEW 'lag Name: New residential Duplex Initiated On: 5I2512022 3:53:11 PM Home Phone: Work Phone: Cell Phone: 4092253537 E-Mail: Ak47mstn@gma1l.com Home Phone: Work Prone: Cell Phone: 773-209-3282 L-Mall: Omar8O@msn.com Home Phone: Work Phone: Cell Phone: 4092263637 E-Mall: Ak47ms1n@gmail.com Page 1 of 2 P(Inted On: 512712022 BEAUMONT Planning & Cott1munity Uevolopinent Legal Description Bel Air L 7 B 13 Number of Acres 0.17 Proposed Use Residential Single Family (R2 Duplex) That the specific use will be The current home is uninhabitable and will be demolished upon compatible with and not Injurious to approval of ilia SUP, In doing so, the enhancement of the property the use and enjoyment of other will Improve the neighborhood property values. property, nor significantly dirninlsh or Impair property values within the Immediate vicinity That tine 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 neighboring 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; The abandoned home has a negative spillover effect to the surrounding nelghbors. Our goal Is to uplift the area with new residential home duplex The new duplex will not need any special supporting access roads or utilities. It is as if nothing happened and will not cause a disturbance to current infrastructure nor require any out of the ordinary drainage majors. Currently, the driveway is lacking and made of rocks and gravel which Is a dander for pedestrians and may damage low vehicles. It Is our mission to build a nice duplex that will appear as though It Is one home with an adequate driveway and plenty of room to accommodate for vehicle parking. In the curse of development, there will not be much of a disturbance out of the ordinary in terms of construction measures. Post construction, there will be a nice structure that is appealing to the eye with no such thing as offensive odors, fumes, dust, noise and vibrations. The hone will be lite be decorative wall sconces used In normal home construction. The lighting will be contained to the property with no Illumination In any direction towards any other home or lot. Currently the lot Is a disaster with over grown weeds, grass and trees. Upon approval, we will dress up the home with a nice appealing landscape to Insure optimum beauty. am not sure as to what is meant by the Comprehensive Plan exactly but everything MAAK Construction Is Involved In has a high level of attention to detail and islwill be In full compliance with city codes and guidelines from Project start to Finish In Its entirety In full comprehensive fashion. Case Type: Planning end Zoning Page 2 of 2 Case fl: PZ2022-215 Printed On: 6/2712022 May 24, 2022 To: City of Beaumont Planning division 801 Main St. Roam 201 Beaumont, Texas 77701 From: MAAK Construction Akram Khalil (AK) PO Box 283 Beaumont, Texas 77704 Re: Rezoning Application 8230 San Carlos Beaumont, Texas 77708 Legal Description: Bel Air L 7 B 13 A Specific Use Permit (SUP) application for the above referenced address was submitted on the City of Beaumont's Portal. I am requesting to use the property as Residential Single Family (122-Duplex). Tlie property is located on San Carlos between San Diego Street and San Bruno Street. Currently, the property has a single fanilly home occupying one lot. The home Is In need of major repairs with associated costs that cannot be economically Justified. if the rezoning request is approved, the home will be replaced with a single story wood frame building, duplex. The objective of the project is to provide high quality affordable living spaces for the citizens In the area. The proposed lot Is large enough to provide the residents an outdoor space for outdoor activities for themselves and their children. The backyard is adequate In order to accommodate for outdoor living as well. If approved, the property owner will build 6 feet tali fence between the rezoned section of the property and the residential areas, In addition, the drainage plan for the proposed Improvements will ensure that storm water is drained to the available City storm water Infrastructure with zero Impact on the residential neighborhood. Your approval of the SUP for the above referenced property as a Residential Single Family (112-Duplex) will allow for the development of a project that will provide much needed residential units in the area and build'a project that will generate property and school tax revenue for many years to come. Thank you, Akram Khalil (AK) President & Project Supervisor MAAK Construction ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DUPLEX IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 8230 SAN CARLOS STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Akram Khalil has applied for a specific use permit to allow a duplex in an RS (Residential Single Family Dwelling) District for property located at 8230 San Carlos Street, being Lot 7, Block 13, Bel Air Addition, Beaumont, Jefferson County, Texas, containing 0.17 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 duplex in an RS (Residential Single Family Dwelling) District for property located at 8230 San Carlos Street, subject to the following condition: and, • Landscaping and screening to meet Zoning Ordinance requirements; WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a duplex 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, Rartinn 1 That a specific use permit to allow a duplex in an RS (Residential Single Family Dwelling) District for property located at 8230 San Carlos Street, being Lot 7, Block 13, Bel Air Addition, Beaumont, Jefferson County, Texas, containing 0.17 acres, more or less, as shown on Exhibit "A," is hereby granted to Akram Khalil, 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 condition: Landscaping and screening to meet Zoning Ordinance requirements. 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 19th day of July, 2022. - Mayor Robin Mouton Z2022-215: A request fora Specific Use Permit to allow a duplex in an RS (Residential -- ingle-family Dwelling) District. pplicaut: Akram Khalil ocation: 8230 San Carlos Street 0 100 200 ! 1 . _ 1 Feet EXHIBIT "A" INE S 03016'09" E 59,35' J (CALLED SOUTH 60.00') 0 Q , � N H-' w LOT 8 o ( BLK. 13 oQ( Z U i N 02046' 13" W 58.76' (CALLED NORTH 60.00') O J S 02044'21 " E 59.85' (CALLED SOUTH 60,00') ?�.;�is+`r1.: �"F{ f'r! �� `''' 1tr� ��ti fi:':,;� �'��tis�••.?r. �� �'}� }.r}i tih i•'ri 1 li{, � Ilr iri<�; ' +a {.; + •'ys,o,4;�;'•+'+i'"' ` ij1'r,r ;1)j;. { '•t '+}}' aSsY,, Y;ii++'''�ti !�ri(�±�+. :�i; i': �:aii,�i}f`4l1�iFi;i'4r•'rY:�!:js�4,+`}i'��^,1`�`.�.`J}�5 :y,,,ly: ai (}7-rsii�' � �y� tto"�° ';il's!i ��j,},;; 'i;P'.}i1 ae'i•r `n sa j {t: 9 s, 1;!{{i ±,i; {: ��`tt Y';+t:�•..`fC'i�if`,•, �� �%�' fi.i'ss t'�,frs.s „t �. �:I'�l:r:yi}•ti .' �T � f71Yy '•, ;+.i r;'�arTT{ '� �++'+,.i12• , ,,`aii'}i ti B,1JK, � 3 ,: ,•_;,:+:t'[.;�' 51, 95. ,I i oil ( ALLED NORTH 60. 0') SAN CARLOS STREET ( 60' PUBLIC R.O.W, ) 5' EXHIBIT "B" J 11 July 19, 2022 Consider a request for a Specific Use Permit to allow a construction business with an outdoor lay down yard in a GC -MD (General Commercial — Multiple -Family Dwelling) District for the property located at 1320 Caldwell Avenue 77 r TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Chris Boone, Interim City Manager MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a construction business with an outdoor lay down yard in a GC -MD (General Conunercial -- Multiple -Family Dwelling) District for the property located at 1320 Caldwell Avenue, �C�{���11�►C7 Xavier Williams is requesting permission for a construction business with a laydown yard at 1320 Caldwell Avenue. This property was zoned RM-H (Residential Multiple -Family Dwelling — Highest Density) and occupied by a house until it burned and was demolished in 2019. A commercial structure is located at the corner of the lot and the current owner wished to use the building for commercial purposes although it had sat vacant for several years so the property was rezoned from RM-H to GC -MD (General Commercial — Multiple -Family Dwelling). Mr. Williams constructed a new storage building on the property without the benefit of a permit. He then began to operate a construction business and park dump trucks on the property without a Certificate of Occupancy. Due to the property being used as a lay -down yard for Mr. Williams's construction business, a Specific Use Permit is required in a GC -MD zoning district. In his letter, Mr. William states three (3) dump trucks will be kept at this location. No parking for the dump trucks or the vehicles for the drivers are shown on the site plan. If the application is approved and parking is planned on the property, a six (6) foot wide landscaping strip will be required between any off-street parking areas and the street. Those landscaped strips are required to have a three (3) foot tall wall, berm or hedge for the length of the parking area. In addition, the property to the west along the north end of the property is zoned RM-11, if approved a ten (10) foot wide landscaped buffer with trees and an eight (8) foot tall wood or masonry screening fence is required along that portion of the property line that borders the RM-H zoned property, At a Joint Public Hearing held on June 27, 2022, the Planning Commission recommended 7:0:1 to approve the request for a Specific Use Permit to allow a construction business with an outdoor lay down yard in a GC -MD (General Commercial — Multiple -Family Dwelling) District for the property located at 1320 Caldwell Avenue with the following conditions: 1, Submit a revised site plan showing parking and required landscaping, 2. Provide landscaping to meet ordinance requirements along both street frontages. 3. Provide a ten (10) ft, wide landscaped buffer with trees along west property line that borders residential zoning and an eight (8) ft, tall wood or masonry fence to sleet Zoning Ordinance requirements, FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Submit a revised site plan showing parking and required landscaping. 2. Provide landscaping to meet ordinance requirements along both street frontages. 3. Provide a ten (10) ft. wide landscaped buffer with trees along west property line that borders residential zoning and an eight (8) ft. tall wood or masonry fence to meet Zoning Ordinance requirements, BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Specitle Use Permit Case 1t: PZ2022-226 Location: 1320 CALDWELL AVE, BEAUMONT, 77703 Individuals listed on the record: Applicant Xavier Williams Missing Address, City, State, or Zip Code In People Owner LOTTIE DAVILLER Missing Address, City, State, or Zip Code In People Case Type: Planning and Zonlog Case M PZ2022-226 Case Status: REVIEW Tag Name: laydown yard for 1320 Caldwell ave. Initiated 0n: 5l31l2022 9:59:15AM Nonce Phone, Work Phone: Coll Phone: 409.550.0719 E-Mail: xavler.stanka@gmail.com Nome Phone: Work Phone: Cell Phone: E-Mail: Page 1 of 2 Printed On: 6/31/2022 BEAUMONT Planning & Community Development Legal Description NORTH 13LK C .514AC Number, of Acres 0.51 Proposed Use Construction business with Lay down yard That the specific use will be The use for off site storage will not Impact neighbors or property compatible with and not Injurious to value. It will be adjacent to similar busineses, tite use and enjoyment of other 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 neighboring 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; This Is a corner lot that would round out that block as commercial. The properties access and drainage have been In place for decades. This is not a public place of business or an office, Traffic from usage would be minimal. Hours of operation typically to be during daylight and produce limited amount of noise and no fumes. Security lighting will be aimed as to not disturb neighbors. Entire perimeter Is contained in a 6 ft. privacy fence along Linson and U cyclone around remaining perimeter. Caldwell ave. has landscaped, Linson also has landscaping. This location at 1320 Caldwell will be a great location for the neighborhood and surrounding areas. It will help beautify beaurnont. Case Type: Planning and Zoning Page 2 of 2 Case W: PZ2022-226 Printed On: 5/31/2022 No Text ORDINANCE NO, ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CONSTRUCTION BUSINESS WITH AN OUTDOOR LAY - DOWN YARD IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1320 CALDWELL AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Xavier Williams has applied for a specific use permit to allow a construction business with an outdoor lay -down yard in a GC -MD (General Commercial - Multiple Family Dwelling) District for property located at 1320 Caldwell Avenue, being Block C, North Addition, Beaumont, Jefferson County, Texas, containing 0.51 acres, more or less as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a construction business with an outdoor lay -down yard in a GC -MD (General Commercial - Multiple Family Dwelling) District for property located at 1320 Caldwell Avenue, subject to the following conditions: and, • Submit a revised site plan showing parking and required landscaping; • Provide landscaping to meet ordinance requirements along both street frontages; • Provide a ten (10) ft, wide landscaped buffer with trees along west property line that borders residential zoning and an eight (8) ft. tall wood or masonry fence to meet Zoning Ordinance requirements; WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a construction business with an outdoor lay -down yard 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 construction business with an outdoor lay - down yard in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 1320 Caldwell Avenue, being Block C, North Addition, Beaumont, Jefferson County, Texas, containing 0.51 acres, more or less, as shown on Exhibit "A," is hereby granted to Xavier Williams, 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: Submit a revised site plan showing parking and required landscaping; • Provide landscaping to meet ordinance requirements along both street frontages; Provide a ten (10) ft. wide landscaped buffer with trees along west property line that borders residential zoning and an eight (8) ft. tall wood or masonry fence to meet Zoning Ordinance requirements. 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 19th day of July, 2022. - Mayor Robin Mouton 102.2-226: A request for a Specific Use Permit to allow a comtruction business with all door lay down yard in an GC -MD (Geueral Commercial -- Multiple -Family Dwelling) trict. pplicallt: Xavier Williams ovation: 1320 Caldwell Avenue 0 1©a 200 I 1 1 Feet EXHIBIT "A" EXHIBIT `B" 5 July 19, 2022 Consider a request for a Specific Use Permit to allow a cell tower in an LT (Light Industrial) District for the property located at 8475 Landis Drive •' r TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Chris Boone, Interim City Manager MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a cell tower in an LI (Light Industrial) District for the property located at 8475 Landis Drive. BACKGROUND Arnie Hathaway representing SBA Network Services, L.L.C., proposes to construct a one hundred seventy-nine (179) foot tall cellular tower at 8475 Landis Drive. The proposed tower will be a monopole designed to support four (4) antenna arrays allowing for colocations in the Riture. No City utilities will be required at the unmanned site. Access to the site will be via an easement from Landis Drive. The applicant states that a six (6) foot chain link fence with one (1) foot barbed wire extension will be constructed around the lease area. In addition, they propose a row of crepe myrtle trees along the Landis Road right-of-way. Historically, a privacy fence with a solid gate has been required. Although trees are typically required, there are power lines along the south right-of-way line of Landis Drive, so no trees will be required. Instead, a row of hedges will be required along the north and west edges of the lease site, the sides visible from residential properties to the northwest. At a Joint Public Hearing held on June 27, 2022, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a cell tower in an LI (Light Industrial) District for the property located at 8475 Landis Drive with the following conditions: 1. Utilize the existing approach and gravel path located just west of the site instead of a new proposed driveway. 2. Provide a copy of the recorded access easement and lease agreement. 3. Provide a six (6) foot tall wood or masonry fence to be constructed six (6) feet inside the north and west perimeter edges of the lease site with a solid gate. 4. Provide a landscaped buffer along the north and west edges of the tower site consisting of shrubs save and except for the gated area to meet Zoning Ordinance requirements. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: l . Utilize the existing approach and gravel path located just west of the site instead of a new proposed driveway, 2. Provide a copy of the recorded access easement and lease agreement. 3. Provide a six (6) foot tall wood or masonry fence to be constructed six (6) feet inside the north and west perimeter edges of the lease site with a solid gate. 4. Provide a landscaped buffer along the north and west edges of the tower site consisting of shrubs save and except for the gated area to meet Zoning Ordinance requirements. BEAUMONT Planttlttg & CorrtmMtttity Dovolopment Case Type:Planning and Zoning Case Sub Type: Specific Use Permit Case M PZ2022-202 Looatlon: Longitude: 30,067881; Latitude:-94.190386 Individuals listed on the record: Applicant Anne Hathaway 8051 Congress Ave Missing Address, City, State, or Zip Code in People Properly Owner Tom McGovern 1400 Douglas St, Mall Slop 0640 Missing Address, City, State, or Zip Code In People Agent Tony Dawson 201 North Franklin St, Suite 1400 Missing Address, City, State, or Zip Code In People Case Type: Planning and Zoning Case #: PZ2022-202 Case Status: REVIEW Tag Nance: 179' monopole tower and associated compound and equipment Initiated On: 4/5/2022 2:33:35PM Horne Phone: Work Phone: Cell Phone: 5613227921 E-Mall: ahathaway@sbasite.com Home Phone: Work Phone: Cell Phone: 4025441526 E-Mall: tmcgovern@up.com Home Phone: Work Phone: Cell Phone: 8136366624 E-Mall: tony.dawson@kliailey-horn.coni Page 1 of 3 Printed On: 5/2412022 BEAUMONT nlarnt11in9 & Comtrltlnity Development Legal Description BEING a 0.115 acre (6,000.00 square feet) tract of land situated in the Ashaol Savory Survey, Abstract No. 46, being COMMENCING at a found concrete monument at the southeast corner of a called Lot 1, Block 6, Meadowbrook Addition Unit No., an Addition to the City of Beaumont, Jefferson County, Taxes, according to the plat recorded in Volume 9, Page 63196, Plat Records, Jefferson County, Texas, described in deed to Castillo Fernando Sosa, recorded in Instrument No. 2016037222, Deed Records, Jefferson County, Texas, situated on the north right-of-way line of Landis Drive (various width public right-of-way) and the west right-of-way line of Eveningvlew Lane (60' public right-of-way); THENCE South 08AO 50' 10i" East for a distance of 60.00 feet to a point for corner, situated on the south right-of-way line of Landis Drive (various width public right-of-way); THENCE North 81A° 50' 44" East, along said right-of-way, for a distance of 397.85 feet to a point for corner; THENCE North 8W 09' 41" East, along said right -or -way, for a distance of 20.00 feet to a point for corner; THENCE South 08A0 50' 22" East, leaving sold right-of-way, for a distance of 4.99 feet to a point for corner; THENCE North $1A° 09' 41" East for a distance of 40.00 feet to a set 112" Iron rod for the POINT OF BEGINNING; THENCE South 08A° 50' 22" East for a distance of 50.00 feet to a set Pl< Nall for corner; THENCE South 81AO 09' 38" West for a distance of 100,00 feet to a set PK Nail for corner; THENCE North 08A° 50' 22" West for a distance of 50.00 feet to a set 112" iron rod for corner; THENCE North 81A0 09' 38" East a distance of 100.00 feet to the POINT OF BEGINNING, and containing 0.115 acre (6,000.00 square feet) of land, more or less. 1, Ronald D. Wimberley, Registered Professional Land Surveyor, State of Texas, do certify that the field notes hereon are a true, correct and accurate representation of the property as determined by an on the ground survey conducted on November 11, 2021, tinder my Number of Acres 0.12 Proposed Use Cell tower compound That the specific use will be The proposed cellular tower and associated equipment will be compatible with and not Injurious to screened from view of other properties In the vicinity with a the use and enjoyment of other landscaping buffer to the north. The tower will also be located over property, nor significantly dimInIsh or two -hundred feet away from the nearest residence as requested by Impair property values within the code to Impede any Impairment to properly values. Immediate vicinity That the establishment of the specific use will not Impede the normal and orderly development and improvement of surrounding vacant property; The proposed cellular tower and compound will not Impede any development of surrounding property, The compound will be screened frorn view by landscaping to the north and a railroad directly to the south. The tower Is also located over two -hundred feet away from the nearest residence. Case Type; Planning and Zoning Page 2 of 3 Case M PZ2022-202 Printed On; 512412022 BEAUMONT Planning & Community Development 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 neighboring properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use fs in accordance with the Comprehensive Plan Notes: Adequate utilities, access road, and drainage will be provided as seen on the site plan. A twenty foot wide access and utility corridor as well as a parking space Just Inside the compound will be provided to accommodate vehlcles. The cellular lower proposed at this site Is not known to contribute to control offensive odor, furnes, dust, noise, or vibration. Therefore, the design provides adequate measures to prevent such disturbances. There will be no proposed lighting as a part of the proposed tower development. The proposed cellular tower and associated equipment will be screened from view of other properties In the vicinity with a landscaping buffer to the north and the entire compound will be enclosed by a six -foot -tail chain -link fence with one foot of security barbed wire at the lop. The proposed cellular tower will follow all zoning and development standards In order to be In accordance with the comprehensive plan. Case Type: Planning and Zoning Page 3 of 3 Case #E: PZ2022-202 Printed On: 5124/2022 Kimley)))Horn April 5, 2022 City of Beaumont Planning & Community Development Department 801 Main, Suite 201 Beaumont, TX 77701 To Whom It May Concern, We are proposing an unmanned 179' cellular monopole with ground equipment. The site will be enclosed inside a chainlink fence with 1' of security barbwire at the top. The site will also have landscaping in the front of the compound. Tile site will be designed for 4 carriers, 1 now and 3 in the fi3ture. We are submitting our application for a SUP approval. Should you have any additional questions or require any additional information, please do not hesitate to contact our office at 813-620-1460. Thank you. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Tony Dawson " A'N' r;7 ice cq oOE � .%. �:: a s� W.H �� as a 8 _o ft 3 S MAJOR DR. (VARIOUS WDTII PUBLIC w z OFF (Y W u N z u w z N } } N z N 4 U , ;}� bq g OKtaW 1 y� 1 f u a r k k 1 U` D k�U4U1,Yn Os .}1 k 4 � 1�a 7 --- 16PIT-91 Mal ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELLULAR TOWER IN AN LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 8475 LANDIS DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Anne Hathaway, on behalf of SBA Network Services, L.L.C., has applied for a specific use permit to allow a cellular tower in an LI (Light Industrial) District for property located at 8475 Landis Drive, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a cellular tower in an LI (Light Industrial) District for property located at 8475 Landis Drive, subject to the following conditions: and, • Utilize the existing approach and gravel path located just west of the site instead of a new proposed driveway; • Provide a copy of the recorded access easement and lease agreement; • Provide a six (6) foot tall wood or masonry fence to be constructed six (6) feet inside the north and west perimeter edges of the lease site with a solid gate; • Provide a landscaped buffer along the north and west edges of the tower site consisting of shrubs save and except for the gated area to meet Zoning Ordinance requirements; WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a cellular tower 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 cellular tower in an LI (Light Industrial) District for property located at 8475 Landis Drive, as described in Exhibit "A" and shown on Exhibit "B," is hereby granted to SBA Network Services, L.L.C., its legal representatives, successors and assigns, as shown on Exhibit "C," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Utilize the existing approach and gravel path located just west of the site instead of a new proposed driveway; • Provide a copy of the recorded access easement and lease agreement; • Provide a six (6) foot tall wood or masonry fence to be constructed six (6) feet inside the north and west perimeter edges of the lease site with a solid gate; • Provide a landscaped buffer along the north and west edges of the tower site consisting of shrubs save and except for the gated area to meet Zoning Ordinance requirements; Canfinn 7 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 19th day of July, 2022. - Mayor Robin Mouton - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 0,115 acre (5,000.00 square feet) tract of land situated in the Ashael Savery Survey, Abstract No. 46, being COMMENCING at a found concrete monument at the southeast corner of a called Lot 1, Block 6, Meadowbrook Addition Unit No., an Addition to the City of Beaumont, Jefferson County, Texas, according to the plat recorded in Volume 9, Page 63196, Plat Records, Jefferson County, Texas, described in deed to Castillo Fernando Sosa, recorded in Instrument No. 2016037222, Deed Records, Jefferson County, Texas, situated on the north right-of-way line of Landis Drive (various width public right-of-way) and the west right-of-way line of Eveningview Lane (60' public right-of-way); THENCE South 08k 50' 16" East for a distance of 60,00 feet to a point for corner, situated on the south right-of-way line of Landis Drive (various width public right-of-way); THENCE North 81 k 50' 44" East, along said right-of-way, for a distance of 397.85 feet to a point for corner; THENCE North 81k 09' 41" East, along said right-of-way, for a distance of 20.00 feet to a point for corner; THENCE South MAO 50' 22" East, leaving said right-of-way, for a distance of 4.99 feet to a point for corner; THENCE North 8lk 09' 41" East for a distance of 40.00 feet to a set 1/2" iron rod for the POINT OF BEGINNING; THENCE South 08A° 50' 22" East for a distance of 50.00 feet to a set PK Nail for corner; THENCE South 80,0 09' 38" West for a distance of 100.00 feet to a set PK Nail for corner; THENCE North 08A° 50' 22" West for a distance of 50.00 feet to a set 1/2" iron rod for corner; THENCE North 81A° 09' 38" East a distance of 100.00 feet to the POINT OF BEGINNING, and containing 0.115 acre (5,000.00 square feet) of land, more or less. I, Ronald D. Wiinberley, Registered Professional Land Surveyor, State of Texas, do certify that the field notes hereon are a true, correct and accurate representation of the property as determined by an on the ground survey conducted on November 11, 2021. EXHIBIT "A" 'Z2022-202: A request for a Specific Use Permit to allow a cell tower ill all Ll (Light nclnstrial) District, applicant: Anne Hathaway location: Southeast of 870 S. Major Drive ---- — — a �100 200 300 400 1 i 1 [ I I } feet ff}} r s M � ;c GC -MD) w . N EXHIBIT "B" q z I o z M EXHIBIT "C,l -- - . 3 T July 1.9, 2022 Consider a request for a Specific Use Permit to allow an event center in the CBD (Central Business District) for the property located at 308 Orleans Street TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Chris Boone, Interim City Manager MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider a request for a Specific, Use Permit to allow an event center in the CBD (Central Business District) for the property located at 308 Orleans Street. BACKGROUND Canuyn Meraz has requested a Specific Use Permit to open an event center at 308 Orleans Street. Ms. Meraz states the property will be used for events such as baby or wedding showers and small intimate weddings. No food or drink will be provided by the property owner or management. The Central Business District zone does not require any on -site parking; vehicles would park on the street. In addition, the building is currently not sprinkled, Building occupancy, although undetermined at this time, will be a number well below 100. Occupancy will need to remain at or below the number set by the Fire Department or a fire sprinkler system must be added. At a Joint Public Hearing held on June 27, 2022, the Planning Commission recar incrided 8:0 to approve the request for a Specific Use Permit to allow an event center in the CBD (Central Business District) for the property located at 308 Orleans Street with the following condition: Building must be sprinkled if occupancy load is found in excess of the number set by the Fire Department. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following condition: Building must be sprinkled if occupancy load is found in excess of the number set by the Fire Department. T AVJJ . LAIA Planning & Community Development Case Type:Plannincg and Zoning Case Sub Type: Speclfic Use Permit Case 11: PZ2022-205 Location-. 308 ORLEANS ST, BEAUMONT, 77701 Individuals 11sted art the record: Applicant Camryn Meraz 5515 Hook Ave Beaumont, TX 77706 Property Owner Tyler Wharton 2467 Calder Missing Address, City, State, or Zip Code In People Case Type: Planning and Zoning Case 4: PZ2022-206 Cass Status: REVIEW Tag Name: Event Center Initiated On: 6/19/2022 9:11:48AM Home Phone: Work Phone: Cell Phone: 4097821843 E-Mall: Info@be308.com Home Phone: Work Phone: Cell Phone: E-Mail: twhar#on cCi hotmalIxom Page 1 of 2 Printed On:5/27/2022 BEAUMONT Planiiitig & Community Development Legal Description lot 1 and 112 of the adjacent alley, Block 19, Calder Addition Number of Acres 0.17 Proposed Use Event Center That the specific use will be There Is no property within the Immediate vicinity of the potential compatible with and not injurious to venue center. The the use and enjoyment of other possibility of the potential venue creating ruckus to other business property, nor significantly dltnlnlsh or owners In the area is not Impair property values within tine plausible. Immodiate vicinity That the establishment of the specific Be308 does not allow outside events to possibly destroy structures use will not Impede the normal and near 308 Orleans. We orderly development and Improvement want to proserve these Incredible buildings as much as possible. 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, furnes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring 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: Case Type: Planning and Zoning Case fl: PZ2022-205 Utilities have been provided by 13008 through the city of Beaumont. We have water, electricity, and drainage taken care of at this time, The main road of access Is Orleans only, which Is a public road. The drainage runs off of Orleans in the front of the building. 308 Orleans does have two bathrooms. The parking at 308 Orleans Is public parking. We do not have a lot specified to our place of business. The adjacent businesses are not effected by the parking. Correct, measures have been and will be taken to always prevent or control offensive odor, fumes, dust, noise and vibration. The use of odorlfurnes is not permitted at 13008. The lighting In 13e308 is standard lighting not to effect other property near 308 Orleans. 13008 does not have landscaping considering It is all concrete, The building outside looks proportional with the rest of the building and is painted the same. The comprehensive plan for l3e308 is to bring a satisfactory space to hold memorable moments In downtown Beaumont, We are very passionate at making sure our proposed use Is In accordance with the comprehensive plan as stated. Page 2 of 2 Printed On: 5127/2022 MAY 19TH,2022 PLANNING AND ZONING Dear City Of Beaumont Officials, We are writing this letter to give you a description of what we plan to do within the building loccted at 308 Orleans St, Beaumont, TX, 77701. Be308 is going to be used as an event space. We will hold up to 80 people in the downstairs open area diring these events. We will not be providing food and drinks, Events will be catered per whoever is renting the space out. The types of events that will be taking place are baby showers, wedding showers, and small intimate wedding receptions. Be308 we will only provide access to the space and the 2 bathrooms located at the back of the building. We also will provide tables and chairs to the guests as needed. The parking for the guests is the public street parking provdided by the city along Orleans and Liberty. Best Regards, Camryn Meraz 409-782-1843 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN EVENT CENTER IN THE CENTRAL BUSINESS DISTRICT (CBD) FOR PROPERTY LOCATED AT 308 ORLEANS STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Camryn Meraz, on behalf of Be308 Event & Planning Center, has applied for a specific use permit to allow an event center in the Central Business District (CBD) for property located at 308 Orleans Street, being Lot 1 and '/2 of the adjacent alley, Block 19, Calder Addition, Beaumont, Jefferson County, Texas, containing 0.17 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 event center in Central Business District (CBD) for property located at 308 Orleans, Street, subject to the following condition: and, • Building must be sprinkled if occupancy load is found in excess of the number set by the Fire Department; WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an event center is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow an event center in the Central Business District (CBD) for property located at 308 Orleans Street, being Lot 1 and Y2 of the adjacent alley, Block 19, Calder Addition, Beaumont, Jefferson County, Texas, containing 0.17 acres, more or less, as shown on Exhibit "A," is hereby granted to Be308 Event & Planning Center, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition: • Building must be sprinkled if occupancy load is found in excess of the number set by the Fire Department. Znnf inn 7 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 19th day of July, 2022. - Mayor Robin Mouton - Z2022-205: A request for a Specific Use Permit to allow an event ce►►ter ►n the CBD (Central ►tsiness District), ,pplicant: Canlryn Meraz vocation: 308 Orleans Street 0 100 200 Feet EXHIBIT "A" Ruildinp Sketch {Palle - 21 Nptr tMfe55 3t)4 otloarks 81 _ C1ty_-¢nallrnonl _ __ County Jollorson 5llle TXL Zq, de IZ701 alst[ bakola Rollanz f7 fh' ••J., nv,ven,r.l, air ..Is..;.• r • •!t-4 r-l;,�1! sl „2rn�-r f ,rsl`.'r, t -f r-.! q.Ur4;r7.'r S1� v\( i 4? j i' 1JYIL [I.antr A4 ndf, rc Atea Cdlculatlortf 5unlmat tivinp A[ea Calculatlon Details lint Boor 7101.58 Sq ft 54.3 x 00.(A 1360.48 0.5x00.0x67.69 M9.91 flcq�W4 Arc r S.at Total Living ArealRounded)t 71055q It EXHIBIT "B" r.,.,,, evY at nevi .YnrAI r ,... f—I ...n,,.,.. f.,, ,1, ... d, t n . f ann At At fflr%p %I July 19, 2022 Consider a request for a Specific Use Permit to allow a bar in a GC -MD (General Comm-lercial --- Multiple-Family Dwelling) District for the property located at 2949 College Street, Suite 120 �i TEXAS TO: City Council FROM: Chris Bootle, Interim City Manager PREPARED BY: Chris Boone, Interim City Manager MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a bar in a GC -MD (General Commercial — Multiple -Family Dwelling) District for the property located at 2949 College Street, Suite 120. BACKGROUND Jisan Makinojiya is requesting a Specific Use Permit to allow a Daiquiri Bar at 2949 College Street, Suite 120. The bar will occupy a 1,300 square foot suite in the existing Mars Plaza and will include a Rill bar with a heavy focus on frozen daiquiris and frozen mixed drinks, all available for on -site consumption. Some food will also be available for purchase. Hours of operation will be Monday -- Friday 10:00 a.m, until midnight, Saturday 10:00 a.m. until 1:00 a.m. and Sunday 10:00 a,m. until midnight. At a Joint Public Hearing held on June 27, 2022, the Planning Cominission recornniended 7:1 to deny the request for a Specific Use Permit. to allow a bar in a GC -MD (General Commercial -- Multiple-Family Dwelling) District for the property located at 2949 College Street, Suite 120, FUNDING SOURCE Not applicable. RECOMMENDATION Denial of the request. BEAUMONT Planning & Community Development Case Typo:Planning and Zoning Case Sub Type: Specific Use Permit Case 11: PZ2022-218 Location: 2949 COLLEGE ST, Suite 120, BEAUMONT, 77701 Individuals listed or) the record: Appllcant jisan makanojlya 35 cadence of RICHMOND TX, TX 77469 Properly Owner MARS PLAZA LLC 10 MIRAMAR HEIGHT CIR sugarland, tx 77479 Agent carolann castillo one arcadlana ct beaUlnont, tx 77706 Case Type: Planning and Zoning Case 11: PZ2022-218 Case Status: REVIEW Tag Name: Ocean's Daiquiri - Daiquiri Bar Initiated On: 6/24/2022 11:54:32PM Home Phone: 2817823658 Work Phone: Cell Phone: 2817823668 E-Mail: oceansdalquiril a gmall,com Horne Phone: 4097900102 Work Phone: Cell Phone: 4097900102 E-Mall: carolann@aboan.com Home Phone: 4097900102 Work Phone: Cell Phone: 4097900102 E-Mail: carolann chi cbcaa.com Page 1 of 3 Printed Om 5127/2022 Planning & Community Development Legal Description Number of Acres Proposed Use That the specific use will be compatible with and not Injurious to the use and enjoyment of other property, nor significantly diminish or Impair property values within the immediate vicinity 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 neighboring properties That there are sufficient landscaping and screening to Insure harmony and compatibility with adjacent property Lots 1-7, Block 36 and Lots 1-8 & Tract A, Block 39 and closed Quincy Street, Cartwright Terrace Addition 2.63 Daiquiri bar ocean's Daiquiri Is committed to provide a peaceful environment for our customers as well as our neighbors In tine surround area. We are renovating the lease space to make a Hawaii theme presentation. We plan on having new flooring walls being painted furniture flxtures.We want to create a brand with our daiquiri store. We do not believe that our business operations will ever be Injurious to the use and enjoyment of other properties, nor will it demising or Impair values within Immediate vicinity. Ocean's Daiquiri does not Intend to impede with any City operations or development In the near by vicinity. We are a small store 1000sf that is apart of a big shopping center. We are confident that due to our size and location our business will not Impede the normal and orderly development and Improvement of surrounding vacant property. Mars Plaza Is a well established shopping center plaza that has over 200 parking spaces with plenty of space and movement to accommodate all customers during busy hours. All parking spaces are In accordance with state and city regulations that provide handicap spacing as well as signs and handicap accessible ramps. Based an the site plan we believe that the location of all driveways and parking spaces provide safe and convenient movement of vehicles and pedestrian. Oceans Daiquiri will follow all regulations under city and state laws. We do plat) to keep music In our stores but we will be conscious of our surroundings and neighbors. Mars Plaza has approximately seven high rise pole lklhtings that surround the parking lot. These utilities provide sufficient lighting throughout the complex. Furthermore, each store front Is well equipped with adequate lighting around it's perlmeter. This will also serve as a doterenl for theft and criminal activities. There are approxin)ateiy 25 landscaping establishments within the complex to insure compatibility and harmony with existing neighbors. Case Type: Planning and Zoning Page 2 of 3 case if: PZ2022-218 Printed On: 5127/2022 BEAUMONT Platittilig A Cdriittitltiity Development That the propased use is in Ocean's Daqulri is committed to abiding by all the city and county accordance with the Comprehensive regulations. Including but not limited to acquiring proper permits as Plan well as providing adequate larking, along with providing easements and signage for patrons, and lastly insuring the safety of our staff and customers. We plan on doing this by adhering to all guidelines and cooperating will) city officials affiliated with safely and compliance. We plan to activate and monitor fire safety box, which will include heat, smoke, and lethal gas detection. Notes: Case Type: Planning and Zoning Page 3 of 3 Case 11: PZ2022-218 Printed On: 5127/2022 To Whom It May Concern: The Daiquiri Bar will feature approximately 1300 square feet of space. To operate our daiquiri business, we will have approximately G to 8 employees. The facility will have a full bar that will serve spirits (with a heavy focus on frozen daiquiris and frozen mixed drinks), daiquiris jello shots, loaded gummies, wine, and beer. The Daiquiri will also have TVs to show televised sporting events for customer enjoyment. The location will also have a moderately sized food service that will serve foods normally associated with Daiquiri Bars. The hours of business: Mon- Friday 1.0:00am-12am Saturday 10:00am-lam Sunday 10:00am --12am 90 \G\ \e ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BAR IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2949 COLLEGE STREET, SUITE 120 IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Jisan Makinojiya, on behalf of Ocean's Daiquiri, has applied for a specific use permit to allow a bar in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 2949 College Street, Suite 120, being Lots 1-7, Block 38 and Lots 1-8 & Tract A, Block 39 and closed Quincy Street, Cartwright Terrace Addition, Beaumont, Jefferson County, Texas, containing 2,63 acres, more or less as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending denial of a specific use permit to allow a bar in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 2949 College Street, Suite 120; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a bar is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a bar in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 2949 College Street, Suite 120, being Lots 1-7, Block 38 and Lots 1-8 & Tract A, Block 39 and closed Quincy Street, Cartwright Terrace Addition, Beaumont, Jefferson County, Texas, containing 2.63 acres, more or less, as shown on Exhibit 'A," is hereby granted to Ocean's Daiquiri, its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of July, 2022. - Mayor Robin Mouton - Z2022-218:.A, request for a Specific Use Permit to allow a bar in a GC -MD (General OMMercial Multiple-l;amily Dwelling) District. pplicant: Jisan Makanojiya ocatiom 2949 College Street, Suite 120 I o 12300 400 i 1- 1 Feet — �V4, a EXHIBIT "A" ■ o' c CD it 0 cs, P CD m a I I 0 N 0 W I I N O W b m C C n n m �L SD N N 4D "C7 � EA o rn cv s~ � m E� July 19, 2022 Consider authorizing the Interim City Manager to enter into an Industrial Development Agreement with OCI Fuels USA for Phases I and I1 of an industrial development MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to enter into an Industrial Development Agreement with OCI Fuels USA for Phases I and II of an industrial development. BACKGROUND The City was recently approached about entering into an Industrial Development Agreement in order to promote the development of an industrial facility that would convert biomass (local woodchips) into bio synthesis gas and bio methanol, The project is located at and near the OCI facility on Highway 347, just beyond the City Limits. Attached are the proposed Industrial Development Agreements for Phases I & II of the proposed project. The Agreement proposes an abatement of 100% for fifteen years for the project, The project is anticipated to be valued at $1.7-$2.1 billion and together would employee between 600 and 1,000 construction workers and up to 120 permanent employees. The agreements require that Phase I must commence construction by December 31, 2025 and Phase II must commence construction by December 31, 2028, The abatement period would commence on January 1, 2028 for Phase I and January 30, 2030 for Phase 1I. In addition, the agreement requires that five (5) payments in the amount of $1,000,000 will be made annually to the City, beginning in fiscal year 2023. It should be noted that a separate agreement is also being proposed for a related ammonia plant along with a separate Industrial Development Agreement that outlines the amount taxes to be paid to the City during the construction phases of these projects. FUNDING SOURCE Not applicable, RECOMMENDATION Approval of Resolution. 14 W1071l11WI1• 1,01 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 Industrial Development Agreement with OCI Fuels USA for Phases I and II of an industrial development. The Agreements for Phases I and II are substantially in the form attached hereto as Exhibits "A" and "B," respectively, 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 19th day of July, 2022. - Mayor Robin Mouton - THE STATE OF TEXAS § COUNTY OF JEFFERSON § Code. AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and OCI Fuels USA, Inc., its parent, subsidiaries and affiliates, hereinafter called "COMPANY" and, together, the "Parties." PREAMBLE WHEREAS, the City has established an industrial district comprising a certain part of the extra- territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District (the "Industrial District"); and, WHEREAS, Company is considering development of several separate but related manufacturing facilities, possibly in the Industrial District, but is considering other locations for this investment; and, WHEREAS, an affiliate of Company (OCI Beaumont) has another industrial district agreement with the City as it relates to property and improvements currently existing in the industrial district; and, WHEREAS, the existing affiliate industrial district agreement does not apply to Company's proposed manufacturing facilities, as the facilities contemplated by this Agreement have not yet been constructed; WHEREAS, if Company does develop the manufacturing facilities in the industrial district, it will be mutually -advantageous to the Parties for the company to develop the facilities in phases so as to promote local business activities and maximize opportunities for local contractors and sub -contractors to participate; and, WHEREAS, a second Company affiliate, OCI Clean Ammonia, LLC, is considering development of several separate manufacturing projects; and, WHEREAS, together, Company and affiliate OCI Clean Ammonia, LLC have expressed an interest in five annual up -front payments to City beginning in fiscal year 2023, and, 1 EXHIBIT "A" V� WHEREAS, given the total proposed investment amount, permanent job creation and other benefits, the City finds the terms of the Agreement to reasonable and appropriate. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: ARTICLE I COMPANY'S COMMITMENT 1. Company will construct a methanol to gasoline manufacturing facility as its Phase 1 project. This Agreement applies only to the Phase I project. Company's Phase 11 project, a renewable synthesis gas and methanol synthesis manufacturing facilities, will be the subject of a separate Agreement. The total Phase I and Phase 11 investment is anticipated to be $1.742.1 billion and together will employ between 600 and 1,00 peak construction workers during construction and up to 120 permanent employees. 2. Company will receive 100 percent tax abatement for payments due in the fifteen (15) tax years beginning January 1, 2028, or immediately following completion of construction, whichever is earlier, on all new construction and improvements, unless shortened as per the provisions of Paragraph 4, below. This abatement does not include the value of existing property owned by Company affiliates, which is the subject of separate industrial district agreements. If construction does not commence on Phase I by December 31, 2025, this Agreement is void. The Company shall notify City in writing at least thirty (30) days prior to the date any construction that will be subject to abatement is scheduled to commence. 3. Company will make a good faith effort to utilize a diverse local workforce in constructing the project and will utilize established local contractor lists, including historically underutilized businesses and minority and women -owned businesses. 4. Company and its affiliate OCI Fuels USA, Inc., shall make five annual payments to the City, for a combined total of $1 million (one million dollars) annually, beginning in fiscal year 2023 and concluding in fiscal year 2027. 5. At the expiration of this Agreement, which may not be renewed or extended, Company 2 agrees to enter into a new Industrial district agreement with City containing City's standard terms to encompass all of Company's property and improvements in the Industrial District. ARTICLEI PROPERTY COVERED BY AGREEMENT It is the intention of the Parties hereto that this Agreement shall govern and affect only the Phase I methanol to gasoline manufacturing facility (facilities, real, personal, and mixed) as described in Article I of this Agreement, and does not govern and affect other properties of Company affiliates that are subject to industrial district agreements that were in effect prior to execution of this Agreement ARTICLE III SALE BY COMPANY I . Company shall notify City of any sale of any or all of Company's facilities to any person or entity. It is the intent of the Parties that no sale of any of Company's facilities will affect any amounts to be paid to City as provided under this Agreement. Accordingly, and as to payments due under this Agreement, no such sale shall reduce the amount due City under this Agreement until the purchaser of such facility has entered into a contract in lieu of taxes with City that provides for a continuation of like payments to City, 2. Company shall have the right to assign, transfer or convey all, or any part of, its rights title and interest in the Agreement in connection with any transfer or conveyance of title to all or any part of the properties subject to this Agreement to any person or entity at any time of this Agreement; provided, however, that Company shall provide City with written notice of such assignment. Company shall be relieved of its obligations under this Agreement to the extent that an assignee expressly assumes Company's obligations in a written instrument binding such assignee to City. Subject to the preceding, this Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns. ARTICLE I V CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be 3 annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of this Agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed but shall nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January 1 of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or companies with the Company's portion allocated on the basis of assessed values, 2. The City further agrees that during the term of this Agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this Agreement, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. The City will also provide police protection if called upon by the Jefferson County Sheriffs Department for assistance. n u ARTICLE V TERMINATION FOR BREACH It is agreed by the Parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the Parties and that, therefore, in addition to any action at law for damages which either party may have, Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights, ARTICLE VI TERM OF AGREEMENT The term of this Agreement shall be for fifteen (15) years, commencing January 1 of the year following completion of construction or January 1, 2028, whichever Is earlier, and ending on December 31 fifteen (16) years later, unless shortened by Company's failure to make payments as provided in Article I, Paragraph 5, or otherwise terminated as provided in this Agreement. ARTICLE VII NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the Parties hereto by Certified Mail addressed as follows: TO CITY City Manager City of Beaumont 801 Main Beaumont, Texas 77704 Fax: (409) 880-3132 E-mail: TO COMPANY OCI Fuels USA Inc Beshoy Guirguis 2800 Post Oak, Suite 3150 Houston, Texas 77056 Fax: 832-747-9966 E-mail: beshoy.guirguis@oci.nl 111 ARTICLE VIII CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. IN WITNESS THEREOF, this Agreement, consisting of 6 pages, is executed in duplicate counterparts as of this day of 2022. OCI FUELS USA, INC. CITY OF BEAUMONT, TEXAS Beshoy Guirguis Tina Broussard, City Clerk Chris Boone, Interim City Manager THE STATE OF TEXAS § COUNTY OF JEI;FERSON § Code. AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and OCI Fuels USA, Inc,, its parent, subsidiaries and affiliates, hereinafter called "COMPANY" and, together, the "Parties," PREAMBLE WHEREAS, the City has established an industrial district comprising a certain part of the extra- territorial jurisdiction of the City, such industrial district being Known as the City of Beaumont Industrial District (the "Industrial District"); and, WHEREAS, Company is considering development of several separate but related manufacturing facilities, possibly in the Industrial District, but is considering other locations for this investment; and, WHEREAS, an affiliate of Company (OCI Beaumont) has another industrial district agreement with the City as it relates to property and improvements currently existing in the industrial district; and, WHEREAS, the existing affiliate industrial district agreement does not apply to Company's proposed manufacturing facilities, as the facilities contemplated by this Agreement have not yet been constructed; WHEREAS, if Company does develop the manufacturing facilities in the industrial district, it will be mutually -advantageous to the Parties for the company to develop the facilities in phases so as to promote local business activities and maximize opportunities for local contractors and sub -contractors to participate; and, WHEREAS, a second Company affiliate, OCI Clean Ammonia, LLC, is considering development of several separate manufacturing projects; and, WHEREAS, together, Company and affiliate OCI Clean Ammonia, LLC have expressed an interest in making five annual up -front payments to City beginning in fiscal year 2023, and, 1 EXHIBIT "B" WHEREAS, given the total proposed investment amount, permanent job creation and other benefits, the City finds the terms of the Agreement to reasonable and appropriate. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: ARTICLE COMPANY'S COMMITMENT 1. Company will construct a renewable synthesis gas and methanol synthesis manufacturing facilities as its Phase 11 project. This Agreement applies only to the Phase II project. Company's Phase I project, a methanol to gasoline manufacturing facility, will be the subject of a separate Agreement. The total Phase I and Phase 11 investment is anticipated to be $1.7-$2,1 billion and together will employ between 500 and 1,00 peak construction workers during construction and up to 120 permanent employees. 2. Company will receive 100 percent tax abatement for payments due in the fifteen (15) tax years beginning January 1, 2030, or immediately following completion of construction, whichever is earlier, on all new construction and improvements, unless shortened as per the provisions of Paragraph 4, below. This abatement does not include the value of existing property owned by Company affiliates, which is the subject of separate industrial district agreements. If construction does not commence on Phase II by December 31, 2028, this Agreement is void. The Company shall notify City in writing at least thirty (30) days prior to the date any construction that will be subject to abatement is scheduled to commence. 3. Company will make a good faith effort to utilize a diverse local workforce in constructing the project and will utilize established local contractor lists, including historicaliy underutilized businesses and minority and women -owned businesses. 4. Company and its affiliate OCI Fuels USA, Inc., shall make five annual payments to the City, for a combined total of $1 million (one million dollars) annually, beginning in fiscal year 2023 and concluding in fiscal year 2027. 5. At the expiration of this Agreement, which may not be renewed or extended, Company agrees to enter into a new Industrial district agreement with City containing City's standard terms to 2 encompass all of Company's property and improvements in the Industrial District, ARTICLE II PROPERTY COVERED BYAGREEMENT It is the intention of the Parties hereto that this Agreement shall govern and affect only the Phase 11 renewable synthesis gas and methanol synthesis manufacturing facilities (facilities, real, personal, and mixed) as described in Article I of this Agreement, and does not govern and affect other properties of Company affiliates that are subject to industrial district agreements that were in effect prior to execution of this Agreement ARTICLE III SALE BY COMPANY 1. Company shall notify City of any sale of any or all of Company's facilities to any person or entity. It is the intent of the Parties that no sale of any of Company's facilities will affect any amounts to be paid to City as provided under this Agreement, Accordingly, and as to payments due under this Agreement, no such sale shall reduce the amount due City under this Agreement until the purchaser of such facility has entered into a contract in lieu of taxes with City that provides for a continuation of like payments to City. 2. Company shall have the right to assign, transfer or convey all, or any part of, its rights title and interest in the Agreement in connection with any transfer or conveyance of title to all or any part of the properties subject to this Agreement to any person or entity at any time of this Agreement; provided, however, that Company shall provide City with written notice of such assignment. Company shall be relieved of its obligations under this Agreement to the extent that an assignee expressly assumes Company's obligations in a written instrument binding such assignee to City. Subject to the preceding, this Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns. ARTICLE IV CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be 3 annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of this Agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed but shall nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January 1 of said year. (b) in the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or companies with the Company's portion allocated on the basis of assessed values. 2. The City further agrees that during the term of this Agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this Agreement, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. The City will also provide police protection if called upon by the Jefferson County Sheriff's Department for assistance. 4 ARTICLE V 19917111191MKIIIIIW •111007737I1.[ya It is agreed by the Parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the Parties and that, therefore, in addition to any action at law for damages which either party may have, Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights, It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTICLE VI TERM OF AGREEMENT The term of this Agreement shall be for fifteen (16) years, commencing January 1 of the year following completion of construction or January 1, 2030, whichever is earlier, and ending on December 31 fifteen (15) years later, unless shortened by Company's failure to make payments as provided in Article I, Paragraph 5, or otherwise terminated as provided in this Agreement. ARTICLE VII NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the Parties hereto by Certified Mail addressed as follows: TO CITY City Manager City of Beaumont 801 Main Beaumont, Texas 77704 Fax: (409) 880-3132 E-mail: TO COMPANY OCI Fuels USA Inc Beshoy Guirguis 2800 Post Oak, Suite 3150 Houston, Texas 77056 Fax: 832-747-9966 E-mail:beshoy.guirguis@oci.nl 5 ARTICLE VIII CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. IN WITNESS THEREOF, this Agreement, consisting of 6 pages, is executed in dupilcate counterparts as of this day of 2022. OCI FUELS USA, INC. CITY OF BEAUMONT, TEXAS In Beshoy Gulrguis ATTEST: Tina Broussard, City Clerk 0 Chris Boone, Interim City Manager July 19, 2022 Consider authorizing the Interim City Manager to enter into an Industrial Development Agreement with OCI Clean Ammonia, LLC for Phases I and II of an industrial development MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to enter into an Industrial Development Agreement with OCI Clean Ammonia, LLC for Phases I and It of an industrial development. BACKGROUND The City was recently approached about entering into an Industrial Development Agreement in order to promote the development of an industrial facility that would produce ammonia. The project is located at and near the OCI facility on Highway 347, just beyond the City Limits. Attached are the proposed Industrial Development Agreements for Phases I & II of the proposed project. The Agreement proposes an abatement of 100% for fifteen years for the project. The project is anticipated to be valued at $2.4-$2.8 billion and together would employee up to 2,000 construction workers and up to 120 permanent employees. The agreements require that Phase I must commence construction by December 31, 2025 and Phase II must commence construction by December 31, 2028. The abatement period would commence on January 1, 2028 for Phase I and January 30, 2030 for Phase 1I. In addition, the agreement requires that five (5) payments in the amount of $1,000,000 will be made annually to the City, beginning in fiscal year 2023, It should be noted that a separate agreement is also being proposed for a related biofuel plant along with a separate Industrial Development Agreement that outlines the amount taxes to be paid to the City during the construction phases of these projects. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of 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 Industrial Development Agreement with OCI Clean Ammonia, LLC for Phases I and II of an industrial development. The Agreements for Phases I and II are substantially in the form attached hereto as Exhibits "A" and "B," respectively, 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 19th day of July, 2022. - Mayor Robin Mouton THE STATE OF TEXAS § COUNTY OF JEFFERSON § Code. AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and OCI Clean Ammonia, LLC, its parent, subsidiaries and affiliates, hereinafter called "COMPANY' and, together, the "Parties." PREAMBLE WHEREAS, the City has established an industrial district comprising a certain part of the extra- territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District (the "Industrial District"); and, WHEREAS, Company is considering development of several separate but related manufacturing facilities, possibly in the Industrial District, but is considering other locations for this investment; and, WHEREAS, an affiliate of Company (OCI Beaumont) has another industrial district agreement with the City as it relates to property and improvements currently existing in the industrial district; and, WHEREAS, the existing affiliate industrial district agreement does not apply to Company's proposed manufacturing facilities, as the facilities contemplated by this Agreement have not yet been constructed; WHEREAS, if Company does develop the manufacturing facilities in the industrial district, it will be mutually -advantageous to the Parties for the company to develop the facilities in phases so as to promote local business activities and maximize opportunities for local contractors and sub -contractors to participate; and, WHEREAS, a second Company affiliate, OCI Fuels USA, Inc., is considering development of several separate manufacturing projects; and, WHEREAS, together, Company and affiliate OCI Fuels USA have expressed an interest in making five annual up -front payments to City beginning in fiscal year 2023, and, 1 EXHIBIT "A" WHEREAS, given the total proposed investment amount, permanent job creation and other benefits, the City finds the terms of the Agreement to reasonable and appropriate; and, In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: ARTICLE I COMPANY'S COMMITMENT 1. Company will construct an ammonia manufacturing facility as its Phase I project. This Agreement applies only to the Phase I project. Company's Phase 11 project, a second ammonia unit and related facilities, will be the subject of a separate Agreement. The total Phase I and Phase 11 investment is anticipated to be $2.4-$2.8 billion and will employ up to 2,000 peak construction workers during construction and up to 120 permanent employees. 2. Company will receive 100 percent tax abatement for payments due in the fifteen (15) tax years beginning January 1, 2028, or immediately following completion of construction, whichever is earlier, on all new construction and improvements, unless shortened as per the provisions of Paragraph 4, below. This abatement does not include the value of existing property owned by Company affiliates, which is the subject of separate industrial district agreements. If construction does not commence on Phase I by December 31, 2025, this Agreement is void. The Company shall notify City in writing at least thirty (30) days prior to the date any construction that will be subject to abatement is scheduled to commence. 3. Company will make a good faith effort to utilize a diverse local workforce in constructing the project and will utilize established local contractor lists, including historically underutilized businesses and minority and women -owned businesses. 4. Company and its affiliate OCI Fuels USA, Inc., shall to make five annual payments to the City, for a combined total of $1 million (one million dollars) annually, beginning in fiscal year 2023 and concluding in fiscal year 2027. 5. At the expiration of this Agreement, which may not be renewed or extended, Company agrees to enter into a new Industrial district agreement with City containing City's standard terms to encompass all of Company's property and improvements in the Industrial District. 2 ARTICLE II PROPERTY COVERED BY AGREEMENT It is the intention of the Parties hereto that this Agreement shall govern and affect only the Phase I Ammonia facility (facilities, real, personal, and mixed) as described in Article I of this Agreement, and does not govern and affect other properties of Company affiliates that are subject to industrial district agreements that were in effect prior to execution of this Agreement ARTICLE_11 SALE BY COMPANY 1 Company shall notify City of any sale of any or all of Company's facilities to any person or entity. It is the intent of the Parties that no sale of any of Company's facilities will affect any amounts to be paid to City as provided under this Agreement. Accordingly, and as to payments due under this Agreement, no such sale shall reduce the amount due City under this Agreement until the purchaser of such facility has entered into a contract in lieu of taxes with City that provides for a continuation of like payments to City. 2. Company shall have the right to assign, transfer or convey all, or any part of, its rights title and interest in the Agreement in connection with any transfer or conveyance of title to all or any part of the properties subject to this Agreement to any person or entity at any time of this Agreement; provided, however, that Company shall provide City with written notice of such assignment. Company shall be relieved of its obligations under this Agreement to the extent that an assignee expressly assumes Company's obligations in a written instrument binding such assignee to City. Subject to the preceding, this Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns. ARTICLE_IV CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for 3 the period of this Agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed but shall nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January 1 of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or companies with the Company's portion allocated on the basis of assessed values. 2. The City further agrees that during the term of this Agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this Agreement, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. The City will also provide police protection if called upon by the Jefferson County Sheriff's Department for assistance. 4 ARTICLE V TERMINATION FOR BREACH It is agreed by the Parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the Parties and that, therefore, in addition to any action at law for damages which either party may have, Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTICLE VI TERM OF AGREEMENT The term of this Agreement shall be for fifteen (15) years, commencing January 1 of the year following completion of construction or January 1, 2028, whichever is earlier, and ending on December 31 fifteen (15) years later, unless shortened by Company's failure to make payments as provided in Article I, Paragraph 5, or otherwise terminated as provided in this Agreement. ARTICLE VI I NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the Parties hereto by Certified Mail addressed as follows: TO CITY City Manager City of Beaumont 801 Main Beaumont, Texas 77704 Fax: (409) 880-3132 E-mail: TO COMPANY OCI Clean Ammonia LLC Beshoy Guirguls . 2800 Post Oak, Suite 3150 Houston, Texas 77056 Fax: 832-747-9966 E-mail:beshoy.guirguis@oci.nl S ARTICLE Vlll CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. IN WITNESS THEREOF, this Agreement, consisting of 6 pages, is executed in duplicate counterparts as of this day of 2022. OCl CLEAN AMMONIA LLC . CITY OF BEAUMONT, TEXAS By: By: Chris Boone, Interim City Manager ATTEST: Tina Broussard, City Clerk THE STATE OF TEXAS § COUNTY OF JEFFERSON § Code, AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and OCI Clean Ammonia, LLC, its parent, subsidiaries and affiliates, hereinafter called "COMPANY" and, together, the "Parties." PREAMBLE WHEREAS, the City has established an industrial district comprising a certain part of the extra- territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District (the "Industrial District"); and, WHEREAS, Company is considering development of several separate but related manufacturing facilities, possibly in the Industrial District, but is considering other locations for this investment; and, WHEREAS, an affiliate of Company (OCI Beaumont) has another industrial district agreement with the City as it relates to property and improvements currently existing in the industrial district; and, WHEREAS, the existing affiliate industrial district agreement does not apply to Company's proposed manufacturing facilities, as the facilities contemplated by this Agreement have not yet been constructed; WHEREAS, if Company does develop the manufacturing facilities in the industrial district, it will be mutually -advantageous to the Parties for the company to develop the facilities in phases so as to promote local business activities and maximize opportunities for local contractors and sub -contractors to participate; and, WHEREAS, a second Company affiliate, OCI Fuels USA, Inc., is considering development of several separate manufacturing projects; and, WHEREAS, together, Company and affiliate OCI Fuels USA have expressed an interest in making five annual up -front payments to City beginning in fiscal year 2023, and, 1 EXHIBIT "B" �s WHEREAS, given the total proposed investment amount, permanent job creation and other benefits, the City finds the terms of the Agreement to reasonable and appropriate; and, In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: ARTICLE I COMPANY'S COMMITMENT 1. Company will construct an ammonia manufacturing facility and related facilities as its Phase II project. This Agreement applies only to the Phase II project. Company's Phase I project, an ammonia unit, will be the subject of a separate Agreement. The total Phase I and Phase 11 investment is anticipated to be $2.4-$2.8 billion and will employ up to 2,000 peak construction workers during construction and up to 120 permanent employees. 2. Company will receive 100 percent tax abatement for payments due in the fifteen (15) tax years beginning January 1, 2030, or immediately following completion of construction, whichever is earlier, on all new construction and improvements, unless shortened as per the provisions of Paragraph 4, below. This abatement does not include the value of existing property owned by Company affiliates, which is the subject of separate industrial district agreements. If construction does not commence on Phase li by December 31, 2028, this Agreement is void. The Company shall notify City in writing at least thirty (30) days prior to the date any construction that will be subject to abatement is scheduled to commence. 3. Company will make a good faith effort to utilize a diverse local workforce in constructing the project and will utilize established local contractor lists, including historically underutilized businesses and minority and women -owned businesses. 4. Company and its affiliate OCI Fuels USA, Inc., shall make five annual payments to the City, for a combined total of $1 million (one million dollars) annually, beginning in fiscal year 2023 and concluding in fiscal year 2027. 5. At the expiration of this Agreement, which may not be renewed or extended, Company agrees to enter into a new Industrial district agreement with City containing City's standard terms to encompass all of Company's property and improvements in the Industrial District. I ARTICLE If PROPERTY COVERED BY AGREEMENT It is the intention of the Parties hereto that this Agreement shall govern and affect only the Phase II Ammonia facility (facilities, real, personal, and mixed) as described in Article I of this Agreement, and does not govern and affect other properties of Company affiliates that are subject to industrial district agreements that were in effect prior to execution of this Agreement ARTICLE III SALE BY COMPANY 1. Company shall notify City of any sale of any or all of Company's facilities to any person or entity. It is the intent of the Parties that no sale of any of Company's facilities will affect any amounts to be paid to City as provided under this Agreement. Accordingly, and as to payments due under this Agreement, no such sale shall reduce the amount due City under this Agreement until the purchaser of such facility has entered into a contract in lieu of taxes with City that provides for a continuation of like payments to City. 2. Company shall have the right to assign, transfer or convey all, or any part of, its rights title and Interest in the Agreement in connection with any transfer or conveyance of title to all or any part of the properties subject to this Agreement to any person or entity at any time of this Agreement; provided, however, that Company shall provide City with written notice of such assignment. Company shall be relieved of its obligations under this Agreement to the extent that an assignee expressly assumes Company's obligations in a written instrument binding such assignee to City. Subject to the preceding, this Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns. ARTICLE IV CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for 3 the period of this Agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation, In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed but shall nevertheless be obligated to make full payment for the year daring which such annexation becomes effective if the annexation becomes effective after January 'I of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or companies with the Company's portion allocated on the basis of assessed values. 2. The City further agrees that during the term of this Agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this Agreement, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. The City will also provide police protection if called upon by the Jefferson County Sheriffs Department for assistance, ARTICLE V TERMINATION FOR BREACH It is agreed by the Parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the Parties and that, therefore, in addition to any action at law for damages which either party may have, Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTICLE VI TERM OFAGREEMENT The term of this Agreement shall be for fifteen (15) years, commencing January 1 of the year following completion of construction or January 1, 2030, whichever is earlier, and ending on December 31 fifteen (15) years later, unless shortened by Company's failure to make payments as provided in Article I, Paragraph 5, or otherwise terminated as provided in this Agreement. ARTICLE VI I NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the Parties hereto by Certified Mail addressed as follows: TO CITY City Manager City of Beaumont 801 Main Beaumont, Texas 77704 Fax: (409) 880-3132 E-mail: TO COMPANY OCI Clean Ammonia LLC Beshoy Gulrguis 2800 Post Oak, Suite 3150 Houston, Texas 77066 Fax: 832-747-9966 E-mail:beshoy.guirguis@oci.nI 5 ARTICLE Vlll CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. IN WITNESS THEREOF, this Agreement, consisting of 6 pages, is executed in duplicate counterparts as of this day of 2022. OCI CLEAN AMMONIA LLC CITY OF BEAUMONT, TEXAS M Chris Boone, Interim City Manager ATTEST: Tina Broussard, City Clerk to July 1.9, 2022 Consider authorizing the Interim City Manager to enter into an Industrial Development Agreement with OCI Fuels USA for economic development incentives during the construction phase of an industrial development MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to enter into an Industrial Development Agreement with OCI Fuels USA for economic development incentives during the construction phase of an industrial development. BACKGROUND The City was recently approached about entering into an Industrial Development Agreement in order to promote the development of industrial facilities that would produce biofuels at and near the OCI facility, located on Highway 347, just beyond the City Limits, The enclosed agreement outlines taxes due to the City during the construction phases of this project. The proposed terms are typical of other Industrial Development Agreements, requiring payment of 80% of taxes due for years 2023-2025 and 75% of the taxes due for years 2026-2029. However, it should be noted that the abatement period would commence at execution and end on December 31, 2027 or completion of construction of Phase I and December 31, 2029 or completion of construction for Phase 11, whichever occurred first. , The project is anticipated to be valued at $1.7-$2.1 billion and together would employee between 600 and 1,000 construction workers and up to 120 permanent employees. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of 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 Industrial District Agreement with OCI Fuels USA for economic development incentives during the construction phase of an industrial development. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of July, 2022. - Mayor Robin Mouton - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code, The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and OCI Fuels USA, Inc., subsidiaries, and affiliates, hereinafter called "COMPANY," PREAMBLE WHEREAS, Company owns land and improvements which are a part of the manufactilring, industrial, and refining facilities of said Company. The City has established an industrial district comprising a certain part of the extra -territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District, WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS, the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companics. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: C:IUsersiciirisbo\AppBata\l,ocallMicrosofL\WindowslINetCachelCwatent.Outiook1AIOHG17C\OCI Fuels USA Inc Pre-ahatement.docl EXHIBIT "A" ARTICLE I COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2023 and each calendar year thereafter for the duration of this Contract, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities and property, real, personal, and mixed located on Company's land covered by this contract. (Hcrein "die properties") 2. By the term "Assessed Value" is meant the 100% valuation of the Company's properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term "assumed City taxes due" shall be calculated by the following formula: Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due 4. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2023 shall be due and payable on or before February 1, 2023, and calculated as follows: C:tUserslclirisbolApplfatalLoc,,itNicrosofi WindotivskINetCaclic\Conter2,OutlookWOHMMOCI Fuels USA Inc —Pre -abatement. doe Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due Year 1 90% of Assumed City Taxes Due = 2023 Payment Each October thereafter, the Chief Financial Officer shall obtain the most recent assessed values as set by the Jefferson County Appraisal District for the Company's properties, real, personal and mixed, having taxable sites within the areas described in this agreement; for example, in October 2022, the 2022 assessed values shall be used for the February 1, 2023 payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment, without interest, will be made within thirty (30) days following such resolution. (b) After the assessed value of the Company's properties has been determined, the payments due hereunder shall be calculated in accordance with the following schedule: The 2023 - 2025 payments shall be 80% of assumed City taxes due. The 2026 - 2029 payments shall be, 75% of assumed City taxes. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City the amount billed on or before February 1 each - year. Upon receiving the final payment, the Chief Financial Officer shall issue an official receipt C:\Cisers\clirisbo\AppDatalLocal\Microsoft\Windo�vsVNetCacbe\Content.0utlook1AIOHGI7C10CI Fuels USA Inn—Pre-abatement.doc3 of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made, If payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to the City had Company been in the City limits of City will be recaptured and paid to the City within 60 days of any such event. A R TT!- UR TT PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the properties of Company (facilities, real, personal, and mixed) located on Company's zeal property as shown on the records of the Jefferson County Appraisal District which are within the extra -territorial jurisdiction of the City of Beaumont. ARTICLE III SALE BY COMPANY Company shall notify City of any sale of any or all of Company's facilities to any person or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to the City as provided under this Agreement. Accordingly, and as to payments due under this contract no such sale shall reduce the amount due the City under this contract until the purchaser of such facility has entered into a contract in lieu of taxes with the City that provides for a continuation of like payments to the City. C:1Userslchrisbo\AppDatalLoca]\MicrosoftlWindowsNmctCaclie!Conte€4.Outlook\AIOHGI7CIOCT fuels USA Inc Pre-abatement.doc ARTICLE IV CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such anmexation, Company will not be required to make finther payment under this Agreement for any calendar year cone-nencing after such annexation with respect to the property so annexed but shall nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January 1st of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject platter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or companies with the Company's portion allocated on the basis of assessed values. 2. The City further agrees that during the term of this Agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont C:1UserslclirisbolAppDatalLocailMicrosotllWindowsllNetCachelConteiit.Oiittook\AIOHGI7C\OCI Fuels USA Inc_Prc-abntement,doc5 Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is -understood and agreed that during the term of this Agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to filrnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. The City will also provide police protection if called upon by the Jefferson County Sheriff's Department for assistance. ARTICLE IV TERMINATION OF BREACH It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to obtain- such other equitable relief, including specific performance of the Agreement, as is necessary to enforcc its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. C:IUsers\clirisbolAppDatatLocatlMicrosoft\Windo`vslFNetCaciio\Conter6.0utlooklAEOHGI7C10CI Fuels USA Inc Pre-abatement.doo ARTICLE V TERM OF AGREEMENT The term of this Agreement shall commence upon execution and end on December 3I, 2027, or at the start of the Company's abatement period for Please 1 of Company's project, and December 31, 2029, or at the start of Company's abatement period for Phrase 2 of Company's project. The Agreement for the projects referenced herein shall be attached hereto for reference to this Agreement. ARTICLE VI NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the parties hereto by Certified Mail addressed as follows: TO CITY TO COMPANY City Manager Beshoy Guirguis City of Beaumont OCI Fuels USA Inc. 801 Main 2800 Post Oak, Suite 3150 Beaumont, Texas 77704 Houston, Texas 77056 ARTICLE VII CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. C:\UserslcluisbolAppData\LocalWicrosolt\Windows\lNctCaclielContent,outlookWOHGI7C10Ci Fuels US.A. Inc_Pro-abatenren#.dac7 IN WITNESS TIiEREOF, this Agreement, consisting of 8 pages, is executed in duplicate counterparts as of this day of , 2022. CITY OF BEAUMONT, TEXAS By; Chris Boone Interim City Manager ATTEST: Tina Broussard City Clerk EirrW_rid ATTEST: C:\Users\clirisbulAppbatalLoca]\Microsoft\Windows\lNctCachalConfci8.Ouliook\AIOHGI7CIOCI Suds USA hic_Pre-abatement.doc [j1 July 19, 2022 Consider authorizing the Interim City Manager to enter into an Industrial Development Agreement with OCI Clean Ammonia, LLC for economic development incentives during the construction phase of an industrial development TEXAS TO: City Council 0 FROM: Chris Boone, Interiin-i City Manager MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to enter into an Industrial Development Agreement with OCI Clean An-unonia, LLC for economic development incentives during the construction phase of an industrial development. BACKGROUND The City was recently approached about entering into an Industrial Development Agreement in order to promote the development of industrial facilities that would produce ammonia at and near the OCI facility, located on Highway 347, just beyond the City Limits. The enclosed agreement outlines taxes due to the City during the construction phases of this project. The proposed terms are typical of other Industrial Development Agreements, requiring payment of 80% of taxes due for years 2023-2025 and 75% of the taxes due for years 2026-2029. However, it should be noted that the abatement period would commence at execution and end on December 31, 2027 or completion of construction of Phase I and December 31, 2029 or completion of construction for Phase I1, whichever occurred first. The project is anticipated to be valued at $2.4-$2.8 billion and together would employee up to 2,000 construction workers and up to 120 permanent employees, FUNDING SOURCE Not applicable, RECOMMENDATION Approval of 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 Industrial District Agreement with OCI Clean Ammonia, LLC for economic development incentives during the construction phase of an industrial development. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes, The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of July, 2022. - Mayor Robin Mouton - THE STATE OF TEXAS COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and OCI Clean Ammonia, LLC, subsidiaries, and affiliates, hereinafter called "COMPANY." PREAMBLE WHEREAS, Company owns land and improvements which are a part of the manufacturing, industrial, and refining facilities of said Company. The City has established an industrial district comprising a certain part of the extraterritorial jurisdiction of the City, such industrial district being \mown as the City of Beaumont Industrial District. WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS, the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companies. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: C;IUserslclirisbo\AppDatn\Loca[\Microsoft\Wiiido�vs\ NctCaciic\Contetit,Ositlook\AiOIIG]7CIOCI Man Ammunin LLC_ Pre-abateinent.doc 1 EXHIBIT "A" ARTICLE I COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2023 and each calendar year thereafter for the duration of this Contract, the Company will pay the City a certain sum which will be compiited on the assessed value of the Company's facilities and property, real, personal, and mixed located on Company's land covered by this contract. (Herein "the properties") 2. By the term "Assessed Value" is meant the 100% valuation of the Company's properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term "assurned City taxes due" shall be calculated by the following formula: Assumed City Taxes Dire: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due d. Pa merit Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2023 shall be due and payable on or before February 1, 2023, and calculated as follows: C:li3serslchrisbo\AppData\Local\MicrosoftlWi"dowslINatCaclio\Conteq.outlook1ATOB017C\OCI Clean Ammonia LLC_ Pre -abatement. doe Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due Year 1 80% of Assumed City Taxes Due = 2023 Payment Each October thereafter, the Chief Financial Officer shall obtain the most recent assessed values as set by the Jefferson County Appraisal District for the Company's properties, real, personal and mixed, having taxable situs within the areas described in this agreement; for example, in October 2022, the 2022 assessed values shall be used for the February 1, 2023 payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment, without interest, will be made within thirty (30) days following such resolution. (b) After the assessed value of the Company's properties has been determined, the payments due hereunder shall be calculated in accordance with the following schedule: The 2023 - 2025 payments shall be 80% of assumed City taxes due. The 2026 - 2029 payments shall be 75% of assumed City taxes. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City the amount billed on or before February 1 each year. Upon receiving the final payment, the Chief Financial Officer shall issue an official receipt C:kUserslclirisbolAppData\Locai\MicrosoftlWindo`vsliNetCachelContent,Outtook\AlOHCrI7C1OCI Clean Ammonia LLC— Pre-abaternent.doc 3 of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agrecment for the year in which such payment is made. If payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to the City had Company been in the City limits'of City will be recaptured and paid to the City within 60 days of any such event. ARTICLE 11 PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto tliat this instrument shall govern. and affect the properties of Company (facilities, real, personal, - and mixed) located on Company's real property as shown on the records of the Jefferson County Appraisal District which are within the extra -territorial jurisdiction of the City of Beaumont. ARTICLE Ill SALE BY COMPANY Company shall notify City of any sale of any or all of Company's facilities to any person or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to the City as provided under this Agreement. Accordingly, and as to payments due under this contract no such sale shall red -Lice the amount due the City under this contract until the purchaser of such facility has entered into a contract in lieu of taxes with the City that provides for a continuation of like payments to the City. C:1UsersNelirisbo\AppDatalLocallMicrosoft\WindowsUNetCache\Coniec4.outlook\AIOHCjT7C\OCi Clean Ammonia LLC_ Pre-abatement.doc ARTICLE 1V CITY'S OBLIGATIONS 1, City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the agreement except as follows: (a) If the City determines that anmexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed but shall nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January I st of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or companies with the Company's portion allocated on the basis of assessed values. 2. The City further agrees that during the term of this Agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont C:1Userslclirisbo\AppDatalLocat\MicrosofllWindows\ NetCaclie\Cotitent.OuttookVdOH(317CIOCT Clean Ammonia LLC_ Pre-abatcment,doe, 5 Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof: 3. It is -understood and agreed that during the term of this Agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. The City will also provide police protection if called upon by the Jefferson County Sheriff's Department for assistance. ARTICLE IV TERMINATION OF BREACH It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. C:ltlserslchrisbolAppDatakL.ocallMicrosoftlWindo�vsuNetCachelConte16.0ullookW0HGI7C10CI Cican Ammonia LI.C_ Pre-abatement.doc ARTICLE V TERM OF AGREEMENT The term of this Agreement shall commence upon execution and end on December 31, 2027, or at the start of the Company's abatement period for PlIxase 1 of Company's project, and December 31, 2029, or at the start of Company's abatement period for Phrase 2 of Company's project. The Agreement for the projects referenced herein shall be attached hereto for reference to this Agreement. ARTICLE VI NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the parties hereto by Certified Mail addressed as follows: TO CITY TO COMPANY City Manager Beshoy Guirguis City of Beaumont OCI Clean Ammonia LLC 801 Main 2800 Post Oak, Suite 3150 Beaumont, Texas 77704 Houston, Texas 77056 ARTICLE VII CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. C:1UserslclrrisbolAppbatalLocatlMicroso8lWindowsliNetCachelContent.OtrtlookWOHGI7C\OCI Clean Ammonia LLC_ Pre-abaternent.doc 7 IN WITNESS THEREOF, this Agreement, consisting of 8 pages, is executed in duplicate counterparts as of this day of , 2022. CITY OF BEAUMONT, TEXAS Chris Boone Interim City Manager 010m.185 Tina Broussard City Clerk COMPANY ATTEST; C:\Users\chrisbo\AppData\Local\Microsoft\Windows\lNetCaciialContei8.Ontlook\AIOHCrI7C\OCI Clean Antmonia LLC_Pre-abatentent.doc 12 July 19, 2022 Consider authorizing a Letter of Intent with OCI Beaumont, LLC or one of its affiliates A TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Todd Simoncaux, Chief Financial Officer MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider a resolution authorizing a Letter of Intent (LOT) with OCT Beaumont, LLC or one of its affiliates (OCT). BACKGROUND OCI would like to enter a LOT with the City of Beaumont to allow a third party to perform a site study at the City's landfill and wastewater treatment facility. The study would help OCI determine the feasibility of a landfill gas recovery project and wastewater anaerobic digester project. Due to the time and cost of such study, OCT is requesting a 6-month exclusivity period in which to conduct the site study. If the study finds that a transaction of the above -mentioned projects between the City and OCI are feasible, then the terins of any transaction would be subject to negotiations at that time. FUNDING SOURCE No cost to the City would be incurred for this study. 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 a Letter of Intent between the City of Beaumont and OCI Beaumont, LLC to allow a third party to perform a site study at the City's landfill and wastewater treatment facility. 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 19th day of July, 2922. - Mayor Robin Mouton - 13 July 19, 2022 Consider an ordinance authorizing the suspension of the effective date of Entergy Texas, Inc.'s proposed rate increase to November 3, 2022 TEXAS TO: City Council FROM: Claris Boone, Interim City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider an ordinance authorizing the suspension of the effective date of Entergy Texas, Inc.'s proposed rate increase to November 3, 2022. BACKGROUND On July 1, 2022, Entergy Texas, Inc. (ETI) filed its Statement of Intent to increase rates with each city that retains exclusive original jurisdiction over electric rates and services in the Entergy service area. This proposal would increase rates an estimated $131 A million amlually. It would result in a monthly increase of $13.50 for the average residential customer using 1,000 kWh per month. The increase is intended to become effective on August 5, 2022. Each city retaining exclusive original jurisdiction roust make a determination regarding ETI's proposed rate increase request or suspend the proposed effective date for a period of ninety (90) days or until November 3, 2022. Each city retaining original jurisdiction over electric rates and services has a responsibility to determine whether the requested increase allows for a reasonable rate. The suspension would allow time for the cities rate attorneys and consultants to determine whether the request is reasonable. The ordinance also provides for the participation with the other cities in the ETI service area Steering Committee together with the lawyers and consultants representing the cities in rate related matters. FUNDING SOURCE The reasonable expenses associated with rate cases are reimbursable by the company. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ORDINANCE OF THE CITY OF BEAUMONT, TEXAS AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND THE AUGUST 5, 2022, EFFECTIVE DATE PROPOSED BY ENTERGY TEXAS, INC., IN CONNECTION WITH ITS RATE INCREASE APPLICATION ENTITLED "APPLICATION OF ENTERGY TEXAS, INC. FOR AUTHORITY TO CHANGE RATES", FILED ON JULY 1, 2022, AUTHORIZING PARTICIPATION WITH THE ENTERGY TEXAS, INC. SERVICE AREA CITIES STEERING COMMITTEE HIRING OF EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about July 1, 2022, Entergy Texas, Inc. ("Entergy") filed a Statement of Intent with the City to increase electric rates in the Entergy Service Area; and, WHEREAS, Cities have exclusive original jurisdiction over the rates, operations and services of an electric utility in areas in the municipality pursuant to the Public Utility Regulatory Act §33.001(a); and, WHEREAS, Public Utility Regulatory Act § 33.021 requires a local regulatory authority to make a reasonable determination of rate base, expenses, investment and rate of return and retain the necessary personnel to determine reasonable rates; and, WHEREAS, the City's reasonable cost for regulatory expenses in ratemaking proceedings shall be reimbursed by the electric utility under Public Utility Regulatory Act § 33.023; and, WHEREAS, Public Utility Regulatory Act § 38.108(a) authorizes a municipal regulatory authority to suspend a utility's proposed rate change for not longer than 90 days after the date the rate change would otherwise be effective; and, WHEREAS, given the complexity of the proposed rate increase and the need to fully review the proposed base rate and riders, it is necessary to suspend the effective date for implementing the proposed rates until at least November 3, 2022, in order to allow the City's rate experts sufficient time to determine the merits of Entergy's proposed rates; and, WHEREAS, in order to maximize the efficient use of resources and expertise in reviewing, analyzing, and investigating Entergy's base rate increase request and Entergy's proposed rate riders, City's efforts will be coordinated with similarly situated municipalities through the Entergy Texas, Inc. Cities Service Area Steering Committee; and, WHEREAS, the City will join with other Entergy service area municipalities in the Steering Committee in order to coordinate the hiring and direction of counsel and consultants working on behalf of the Steering Committee and the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The effective date of Entergy's proposed rate increase, and the proposed tariffs related thereto, is hereby suspended for an additional ninety (90) days until November 3, 2022, in order to complete the review and investigation by City's experts. Section 3. The City is authorized to join with other municipalities as part of the Entergy Texas, Inc. Service Area Steering Committee with the understanding that the Steering Committee will provide direction and guidance to the lawyers who are representing cities in the Entergy Texas, Inc. service area. Section 4. The Steering Committee shall review the invoices of the lawyers and rate experts for reasonableness. Section 5. City's legal representatives shall have the right to obtain additional information from Entergy through the service of requests for information. Section 6. Entergy shall reimburse the City, for the reasonable costs of attorney and consultant expenses related thereto, upon the presentation of invoices reviewed by the Steering Committee. Section 7. 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. Section 8. This Ordinance shall become effective from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of July, 2022. - Mayor Robin Mouton - ATTEST: 14 July 19, 2022 Consider a resolution authorizing the Interim City Manager to execute an Addendum to the Sales Contract of 555 Main Street TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: July 19, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to execute an Addendum to the Sales Contract of 555 Main Street. BACKGROUND The City purchased the property at 555 Main Street on July 29, 2021. The Sales contract had a provision that prohibited the sale and/or rehabilitation of the property. The proposed Addendum would remove the requirement that the property be demolished. FUNDING SOURCE None. RECOMMENDATION Approval of 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 Addendum to the Sales Contract of 555 Main Street to remove the requirement that the property be demolished. The Addendum 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 19th day of July, 2022. - Mayor Robin Mouton - ADDENDUM TO SALES CONTRACT FOR 555 MAIN STREET The Sales Contract executed on July 29, 2021, is hereby modified as follows: 1. Article 10, the Buyer's Information shall be amended to read: To the Buyer: Attention. Chris Boone With a Copy to: Sharae N. Reed Email: Sharac.Recd c Beaurnonttexas, ov All other information shall remain the same. 2. Article 21 is deleted in its entirety and replaced with: Buyer agrees to do the following: 21.1 Not use or allow the Property to be used for commercial office space. A small portion of the Property may be used as a commercial leasing office if the Property is used for a residential housing. 21.1.1 The deed to the Property shall be amended to include the following language: `Buyer acknowledges and agrees that the Property shall be conveyed subject to a deed restriction that provides the owner of the Property shall not operate, sell, lease, or allow the operation, sale, or lease of the Property as or for a Conunerciat Office Space from the recording of the deed (the "Use Restriction"). For purposes of the Use Restriction, a Commercial Office Space shall mean a building that offers one or more rooms suited to a business performing office rclated or administrative duties, including but not limited to, meeting clients or patients, housing documentation, or scheduling appointments. The Use Restriction shall run with and bind the title of the Property and Buyer shall incorporate the Use Restriction by reference in any conveyance or leasehold estate of all or any portion of the Property. 21.2 Develop and adopt a Downtown Security Enhancement Plan no later than October 1, 2022. 21.3 .Form an advisory committee empowered with the purpose of formulating a long-term master plan for the revitalization of downtown Beaumont no later than October 31, 2022. This Addendum shall be incorporated into and deemed apart of the Sales Contract. No additional modifications or alterations to the contract not expressly stated herein will be recognized as part of the Sales Contract. EXHIBIT "A" SELLER: 555 Main Street, LLC By: Tom Flanagan President BUYER: City of Beaumont By: Chris Boone Interim City Manager Date: PUBLIC HEARING * Dangerous Structures 15 July 19, 2022 Consider an ordinance to declare 46 structures to be unsafe structures and order the owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program., all delinquent taxes shall be paid in full, or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance TEXAS TO: City Council G')0 FROM: Chris Boone, Interim City Manager PREPARED BY: Chris Boone, Interim City Manager MEETING DATE: July 19, 2022 REQUESTED ACTION: City Council, after conducting a public hearing, consider aI? ordinance to declare the following 46 structures to be unsafe structures and order the owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in Rill, or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance. 1. 2695 Atlanta — includes shed 2. 3965 Avenue B --- includes garage 3. 3985 Avenue B 4. 2680 Avenue G & 2 sheds — includes 2 carports 5. 6120 Bigner -- includes auxiliary building 6. 3298 Brandon 7. 2695 Cable 8. 435 E. Church. — includes carport 9. 7190 Click includes carport 10. 3215 Corley 11. 3614 Edmonds — includes shed 12, 1365 Evalon 13. 4220 S. 5"' 14. 2242 Fillmore — includes 2 sheds 15. 3451 Grated 16. 2645 Harriot — 2 houses 17.2920 Hebert — includes garage 18.2190 Hegele — includes shed 19. 5695 Indian Trl - trailer 20. 3970 Inez — on lot of 3965 Avenue B 21. 735 F. Lasalle 22. 2025 Leiper — shed only 23. 1810 Lela 24. 1200 Long 25. 2195 Magnolia — includes garage apartment & 2 sheds 26. 157 Montclair 27.2095 Montrose — includes 2 sheds 28. 8265 Oak Ridge — includes auxiliary building & 2 sheds 29. 8345 Oak Ridge 30, 3290 Ogden — includes garage 31. 11295 Patricia -- includes 2 sheds 32, 5840 Picadilty — includes pool 33.2035 Pine 34. 2005 Pope 35. 860 Roberts 36. 2655 Sabine Pass — includes shed 37. 812 Sherman 38. 6550 Speer 39. 3670 St Helena -- garage only 40. 3240 St James - commercial 41. 3609 St James 42.4295 Steelton — shed only 43.2475 Taylor 44. 3490 Texas 45. 7635 Train 46, 4530 Winston BACKGROUND These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaurnont's Code of Ordinances, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 14,04.001 of the 2015 International Property Maintenance Code, Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. FUNDING SOURCE Sources may include General fiends and Community Development Block Grant (CDBG) fiunding, RECOMMENDATION Approval of the ordinance. PUBLIC HEARING; July 19, 2022 Unsafe Substandard Structures Consider approval of are: ordinance declaring certain structures to be unsafe substandard structures and ordering their removal within 10 days or authorizing the property owner to enroll the unsafe structure in a work program. 1. 2695 Atlanta — includes shed 2. 3965 Avenue B — includes garage 3. 3985 Avenue B 4. 2680 Avenue G --- includes 2 carports & 2 sheds 5. 6120 Bigner — includes auxiliary building 6. 3298 Brandon 7. 2695 Cable 8. 435 E. Church --- includes carport 9. 7190 Click — includes carport 10. 3215 Corley 11. 3614 Edmonds — includes shed 12, 1365 Evalon 13.4220 S. 5TH 14. 2242 Fillmore — includes 2 sheds 15. 3451 Grand 16. 2645 Harriot -- 2 houses 17. 2920 Hebert — includes garage 18.2190 Hegele — includes shed 19. 5695 Indian Trl - trailer 20. 3970 Inez — on lot of 3965 Avenue B 21. 735 E. La Salle 22. 2025 Leiper — shed only 23. 1810 Lela 24. 1200 Long 25. 2195 Magnolia — includes garage apt & 2 sheds 26. 157 Montclair 27.2095 Montrose — includes 2 sheds 28. 9265 Oak Ridge — includes auxiliary building & 2 sheds 29. 8345 Oak Ridge 30, 3290 Ogden — includes garage 31, 11295 Patricia — includes 2 sheds 32. 5840 Picadilly — includes pool 33. 2035 Pine 34. 2005 Pope 35. 860 Roberts 36. 2655 Sabine — includes shed 37. 812 Sherman 38. 6550 Speer 39. 3670 St Helena — garage only 40. 3240 St James - commercial 41. 3609 St Janes 42.4295 Steelton — shed only 43. 2475 Taylor 44. 3490 Texas 45. 7635 Tram 46.4530 Winston ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL OR REPAIR; 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 buildings located at; 1. 2695 Atlanta — includes shed 2. 3965 Avenue B — includes garage 3. 3985 Avenue B 4. 2680 Avenue G — includes 2 carports & 2 sheds 5. 6120 Bigner -- includes auxiliary building 6. 3298 Brandon 7. 2695 Cable 8. 435 E. Church — includes carport 9. 7190 Click — includes carport 10.3215 Corley 11.3614 Edmonds — includes shed 12. 1365 Evalon 13.4220 S. 5th 14. 2242 Rilmore — includes 2 sheds 15.3451 Grand 16.2645 Harriot — 2 houses 17.2920 Hebert — includes garage 18. 2190 Hegele — includes shed 19.5695 Indian Tri - trailer 20. 3970 Inez — on lot of 3965 Avenue B 21.735 E. Lasalle 22. 2025 Leiper — shed only 23.1810 Lela 24.1200 Long 25.2195 Magnolia — includes garage apartment & 2 sheds 26. 157 Montclair 27.2095 Montrose — includes 2 sheds 28, 8265 Oak Ridge — includes auxiliary building & 2 sheds 29.8345 Oak Ridge 30.3290 Ogden — includes garage 31.11295 Patricia -T includes 2 sheds 32. 5840 Picadilly - includes pool 33.2035 Pine 34, 2005 Pope 35.860 Roberts 36, 2655 Sabine Pass - includes shed 37.812 Sherman 38.6550 Speer 39.3670 St Helena - garage only 40. 3240 St James - commercial 41.3609 St James 42. 4295 Steelton - shed only 43.2475 Taylor 44. 3490 Texas 45.7635 Tram 46.4970 Wales 47.4530 Winston to be public nuisances in that said buildings violate Chapter 24, Article 24.04, Section 24.04.001 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the above described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That 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 19th day of July, 2022. - Mayor Robin Mouton - SUBSTANDARD BUILDING INSPECTION REPORT 11 A.YY�7` Ili�17=7v OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 2695 ATLANTA — INCLUDES SHED LIZAMA LIDUVINA EBELIN 4119 TREFALGAR HOUSTON, TX 77045 Owner enrolled in Pre -Council Work Program? $25,305.00 P011 05/06/2021 klml DESCRIPTION OF PROPERTY: The owner sinned up for a work pr oaram and was allowed 150 days to make the repairs. No work has been done and no permits have been pulled. The structure has several broken windows. The roof has a blue tarp on it. The siding is rotten in many places, and it is missing in other places. The front and back porches are collapsing because of Trot and termite damn e. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 05124/2022. SEE ATTACHED PHOTOS 1 ����» - \ � r� . - � � g� :> • ? : . a� ._ .. SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 3965 AVENUE B — INCLUDES GARAGE OWNER: JIM W. SR. & BARBARA A. DANIELS REVOCABLE LIVING TRUST OWNER ADDRESS: 4270 CARTWRIGHT BEAUMONT, TX 77707 Market Value: $38,584.00 Tire damaged? NO Property was Red Tagged on: 05/06/2021 Owner enrolled in Pre -Council Work Program? YES DESCRIPTION OF PROPERTY: The owner signed up on a work prolzram and has had 150-days plus a 90-day extension. No permits or inspections have been done. There is graffiti that keeps being sprayed on the structure. The structure has several broken windows and others that are boarded up. The rear garage has been torn down but the debris is still there. There has been some plumbing.work done but without permits. There is mold in the structure. There are construction supplies in the house but no work has been done inside. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reinspection was completed on 05/24/2022. SEE ATTACHED PHOTOS 2 ��4illila�g ,_ I a, �s Z• o �^ m r� 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 3985 AVENUE B OWNER: JIM W. SR, & BARBARA A. DANIELS REVOCABLE LIVING TRUST OWNER ADDRESS: 4270 CARTWRIGHT ST BEAUMONT, TX 77707 Market Value: $21,931.00 Fire damaged? NO Property was Red Tagged on: 05/06/2021 Owner enrolled in Pre -Council Work Program? YES DESCRIPTION OF PROPERTY: The owner signed up for a work program and was allowed 150-days and uiven a 90-dav extension. No permits havebeen pulled or inspections done. There has also been a stop work order issued for no permits. There is graffiti an the structure. There are broken windows and boarded up windows, The siding needs to be replaced along with the roof. The front door is boarded up and will need to be replaced. The foundation mist be leveled and the termite damaged wood will have to be replaced. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reinspection was completed on 05/24/2022. SEE ATTACHED PHOTOS 3 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2680 AVENUE G —INCLUDES 2 CARPORTS & 2 OWNER: OWNER ADDRESS: Market Value: Tire damaged? Property was Red Tagged on: SHEDS HENRY K. LODRIGE ESTATE 5606 COUNCIL GROVE CT HOUSTON, TX 77088 Owner enrolled in Pre -Council Work Program? $29,846.00 f►(7 07/19/2021 CM] DESCRIPTION OF PROPERTY: The structure is unsecure. The roof is_s_ againiz and has holes in it. The ceiling has collapsed in several rooms because _o_f_the holes in the roof. The exterior doors are missing. Some of the windows are missing and the windows sills are rottine and will need to be replaced. There is missing siding and termite damage. The eaves are rotting and will need to be replaced. The back of the property, is severely overgrown with vegetation. There are exposed electrical wires. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reinspection was completed on 06/03/2022. SEE ATTACHED PHOTOS 4 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 6120 BIGNER -- INCLUDES AUXILIARY BUILDING OWNER: SHANTELL NECOLE RE ESE WILI(INS ET AL OWNER ADDRESS: 14962 STONELICK BRIDGE LN SUGAR LAND, TX 77498 TAXES OWED: $9010.99 Market Value: $3,457.00 Fire damaged? NO Property was Red Tagged on: 03/17/2021 Owner enrolled in Pre -Council Work Program? f►C1; DESCRIPTION OF PROPERTY: The structure is unsecure. There are multiple broken windows. and the windowsills are rottiniz. The sidinjj is rottinu and needs to be replaced. There is termite damage, and the porch is collapsing. The electrical will need to be re laced. The interior has water damage to the ceilings from holes in the roof. The roof will need. to be replaced. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reinspection was completed on 06/08/2022. SEE ATTACHED PHOTOS y SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 3298 BRANDON EARL WALKER 996 THREADNEEDLE ST BEAUMONT, TX 77705 Owner enrolled in Pre -Council Work Program? $36,730.00 NO 05/13/2021 YES DESCRIPTION OF PROPERTY: The owner signed up for the work prolzram which allowed 150-days and was given a 90-dky extension. No permits have been pulled and no inspections have been completed. The structure in unsecure. The floors are buckling. The eaves, windowsills, and siding are rotting. The front and back porches have termite dainage and are leaning. A portion of the wall on both sides of the exterior door frame are missin making it open to the elements. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reinspeetion was completed on 06/02/2022, SEE ATTACHED PHOTOS 6 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2695 CABLE OWNER: TERRY TRUST OWNER ADDRESS: 4301 W. WILLIAM CANNON DR STE 8150 AUSTIN, TX 78749 '.TAXES OWED: $4,288.99 Market Value: $34,297.00 Fire damaged? NO Property was Red Tagged on: 05/24/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is unsecure. There are multiple broken windows The rest of the windows are partially covered with boards. The front porch is rotthm and both sides have already fallen and all that is left is the middle section which is very unsafe. The interior has been exposed to all weather elements. The roof is missing multiple shingles. All of the windowsills and frames are rotten and will have to be replaced. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reinspectiou was completed on 07f0712022. SEE ATTACHED PHOTOS 7 E y it e: 1 ' 3. #V ! 1 { V lr 4 }} ilil ry I S Y y: j11 I } 5i FM Qd -� A L 1 wV Q � 'h k�� 11Y�+N3,^tlg.i � ., iiissCCli .•Y'v�, ARAI I 1 � WY ♦)caumnnl. TX 77-114 i� f � i 4II j{I i SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 435 E. CHURCH — INCLUDES CARPORT OWNER: CALUDE EARL HOLMAN SR. ESTATE OWNER ADDRESS: 435 E. CHURCH BEAUMONT, TX 77705 'FAXES OWED: $22,684.74 Market Value: $38,161.00 Fire damaged? NO Property was Red Tagged on: 03/29/2021 Owner enrolled in Pre -Council Work Program? l.n DESCRIPTION OF PROPERTY: The interior has holes in the ceilings, walls and floors. The Dluanbina needs to be repaired or replaced. The exterior has broken windows and rotting windowsills. The roof has holes in it causing the interior to be exposed to the elements. The siding is rotting and missing in places. The back porch is Collapsing because of the rotten wood. Based on the extensive repairs needed in this structure staff is recommendina a raze order for this structure. The reins ection was completed on 06/09/2022. SEE ATTACHE, D PHOTOS 8 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 7190 CLICK INCLUDES CARPORT OWNER: BRANDON GUIDRY OWNER ADDRESS: 7190 CLICK BEAUMONT, TX 77708 Market Value: $118,932.00 Fire damaged? NO Property was Red Tagged on: 03/08/2021 Owner enrolled in Pre -Council Work Program? YES DESCRIPTION OF PROPERTY: The owner signed up for the work program which allowed 150-days, was given (2) 90-day extension, and a 30-day extension. Code complianee permit was pulled but no inspections have been completed. The structure in unsecure. The siding has been removed on 3 sides and the structure is utted to the studs. The electrical plumbing, and mechanical will have to be replaced to meet the current codes. The enema code will also have to be met. A stop work order was issued because work was being done and the -permit was expired. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reins ection was completed on 05/2312022. SEE ATTACHED PHOTOS 6 �,JK�� OAR jpiJ u,mm"M I X I HilAi J �� SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 3215 CORLEY DOTY NELLIE 9227 BANKSIDE DR HOUSTON, TX 77031 Owner enrolled in Pre -Council Work Program? $42,548.00 \�% 04/14/2021 NO DESCRIPTION OF PROPERTY: The structure has missing and rotting siding that will have to be replaced. The structure is unsecure with broken windotivs and broken doors. The eaves are rotting and will need to be replaced. The plumbing will need to be repaired. There is also termite damage throughout the structure. The interior of the structure is covered in mold to around 4 ft up in all the rooms. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reinspection_was completed on 06/10/2022. SEE ATTACHED PHOTOS 10 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: rR1,1103A OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 3614 EDMONDS — INCLUDES SHED MARGARET JACKSON ROBINSON 4819 REBEL RIDGE DR SUGARLAND, TX 77478 Owner enrolled in Pre -Council Work Program? $12,641.52 $29,557.00 iQC7 09/20/2021 YES DESCRIPTION OF PROPERTY: The owner signed up for the work program which allowed 150-days. No permits have been nulled and no inspections_ have been completed. The structure is secure. The roof is sagging and has damaged shingles. The eaves are rotting which has caused the gutters to fall in places. The front porch wood flooring is rotting and needs to be replaced. There is heavy vegetation growth all over the back of the house. The hot water heater vent pipe needs to be replaced. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 06/02/2022. SEE ATTACHED PHOTOS 11 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: Cllii/mil 01:71 OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 1365 EVALON URESA FORBES 3219 GARAPAN STREET HOUSTON, TX 77091 Owner enrolled in Pre -Council Work Program? $22,299.00 NO 05/20/2021 YES DESCRIPTION OF PROPERTY: The owner .si ned u for the work program which allowed 150-days and was given a 90-day extension. No permits have been nulled and no inspections have been completed. The structure has multiple_ broken windows, and the windowsills are rotting. There structure needs to be leveled. The eaves are rotting along with the siding. The siding is missing in several places because of termite damage. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reinspectiou was completed on 06/01/2022. SEE ATTACHED PHOTOS 12 m im SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 4220 S. 5TH BLUIETT EARLIE VEXIE ESTATE 4220 S. 5Tu ST BEAUMONT, TX 77705 Owner enrolled in Pre -Council Work Program? $33,581.77 $76,622.00 NO 06/03/2021 NO DESCRIPTION OF PROPERTY: The structure is secure and most of the windows are boarded. There is severe termite damage throughout the exterior of the structure. The siding is rotten and it has been covered by plywood which is also rotten. The eaves are rotting and will have to be replaced. There are plumbing issues on the exterior that will need to be repaired or replaced. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 06/02/2022. SEE ATTACHED PHOTOS 13 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2242 FILLMORE -- INCLUDES 2 SHEDS OWNER: EDWIN WILTURNER (LIFE ESTATE) OWNER ADDRESS: 2242 FILLMORE ST BEAUMONT, TX 77703 Market Value: $32,200.00 Fire damaged? YES Property was Red Tagged on: 03/30/2021 Owner enrolled in Pre -Council Work Program? YES DESCRIPTION OF PROPERTY: The owner si ned up for the work program which allowed 150-days and was Given a 90-da extension. No permits have been pulled and no inspections have been completed. The front livinLy room was damaged by the fire. There are broken windows and the windowsills are rotting. There is termite damafc_to the structure. Some of the siding has fallen off the structure. Plumbing and electrical will have to be replaced and brought tip to the current codes. Based on the extensive_ repairs needed in this structure, staff is recommending a raze order for this structure. The reinspection was completed on 0610212022. SEE ATTACHED PHOTOS 14 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 3451 GRAND ALLEN HAYES ESTATE %GLENN HAYES 3925 CROW RD APT 19 BEAUMONT, TX 77706 Owner enrolled in Pre -Council Work Program? $15,073.00 YES 04/21/2021 NO DESCRIPTION OF PROPERTY: The structure is fire burned and there is damage to the living room front porch, eaves and roof. The structure is secure. There are multiple broken windows that are partially covered with metal. The windowsills are rotting and will have to be replaced. The siding is rotting and will have to be replaced. _There is severe termite damage as well. The plumbing and electrical will have to be replaced. Based on the extensive repairs weeded in this structure staff is recommending a raze order for this structure. The reins ection was completed on 05/23/2022. SEE ATTACHED PHOTOS 15 - ^ & . ; ...�. ., r y (..... : . � . � � ( � �\ SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2645 HARRIOT -- 2 HOUSES — 2652 SOUTHERLAND OWNER: REBUILDING THE BLOCK LLC K D SCOTT CONSTRUCTION CO LLC OWNER ADDRESS: 2310 OLLIE ST BEAUMONT, TX 77705 Market Value: $54,900.00 Fire damaged? NO Property was Red Tagged on: 05/17/2021 Owner enrolled in Pre -Council Work Program? l_.ull DESCRIPTION OF PROPERTY: The previous owner signed up for a work program, but no work was completed. The new owners purchased the property on 07/3012021 and have not silzned up for a work program. The structure is secure. The roof is damaged and has holes in it The ceiling has collapsed in the bedroom because of the holes in the roof. The windowsills are rotting and there are broken windows. There is termite damage to the structure along with rotting siding. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reinspection was completed oil 06/02/2022. SEE ATTACHED PHOTOS 16 rti ; i s _._,:�1. h, ?' SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2920 HEBERT -- INCLUDES GARAGE OWNER: ARLENE DURAL OWNER ADDRESS: 2920 HEBERT ST BEAUMONT, TX 77705 Market Value: $54,173.00 Fire damaged? NO Property was Red Tagged on: 02/14/2022 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is secure. There are rotten and missing eaves The bricks are cracked in several places and falling in a few places which is an indication that there are foundation issues. The roof has some dammed shingles that will need to be replaced. The detached garage roof is sagging and the eaves are falling off. Based on the extensive repairs needed in this structure, staff is_reeommending a raze order for this structure. The reinspection was completed on_06/06/2022. SEE ATTACKED PHOTOS 17 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY Or BEAUMONT 2190 HEGELE -- INCLUDES SHED ,IESSIE FLENNARD 2190 HEGELE BEAUMONT, TX 77705 Owner enrolled in Pre -Council Work Program? $26,292.00 NO 07/12/2021 NO DESCRIPTION OF PROPERTY: The structure is unsecure. There are multiple broken windows and the windowsills are rotting. The eaves will have to be replaced dire to rot. There is termite damage which has caused damage to the floors. The floors are also sagging, There are broken plumbing pipes that will have to be replaced. The structure is full of trash and debris. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 06/06/2022. SEE ATTACHED PHOTOS 18 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 5695 INDIAN TRL MARGIE JONES PAUL E. JONES ESTATE 5695 INDIAN TRAIL BEAUMONT, TX 77713 Owner enrolled in Pre -Council Work Program? $11,501.00 YES 05/10/2021 NO DESCRIPTION OF PROPERTY: The structure is fire burned. There are multiple broken windows The wood front porch is rotting. The structure is missing a lot of the metal siding exposing the interior of the structure to the elements. The insulation is exposed in several laces. The structure is overgrown with vegetation in some laces. Based on the extensive repairs needed in this structure staff is recommendina a raze order for this structure. The reins ection was completed on 06/10/2022. SEE ATTACHED PHOTOS 19 _ �, yq, ({R ( ♦ j1 s I)1 ..��,F �.� �ah'.r . ����,� k ;'.f I r . i �'�'1-� i' i�i�F } `� �'��ar.-. �� _i_ - .' I �W c¢.-�• • LS�� iz c a�', ji I if 4 r� �ki l E j' Y 4 Sj n SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 3970 INEZ — ON THE LOT OF 3965 AVENUE B OWNER: JIM W. SR. & BARBARA A. DANIELS REVOCABLE LIVING TRUST OWNER ADDRESS: 4270 CARTWRIGHT ST BEAUMONT, TX 77707 Market Value: $38,584.00 Fire damaged? NO Property was Red Tagged on: 05/18/2021 Owner enrolled in Pre -Council Work Program? YES DESCRIPTION OF PROPERTY: The owner signed up for the work program which allowed 150 days to make the repairs and was given a 90-dgy extension. The structure is secure. There is severe termite damage to the structure and the structural members. Some of the structural members are missing. The plumbing- pipes are broken and will have to be replaced. There is siding missing and a lot of thesiding is rotting. They tried to replace some of the structural members that are rotten but it has not been done correctly. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reinspection was completed on 05/24/2022. SEE ATTACHED PHOTOS 20 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: 3y ►ice OWNER ADDRESS: I17:M����l�.�f Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 735 E. LA SALLE AMERBIZ LLC 735 LA SALLE ST BEAUMONT, TX 77703 Owner enrolled in Pre -Council Work Program? $28,815.00 lecol 03/09/2021 NO DESCRIPTION OF PROPERTY: The structure is secure. The roof is missing some shingles and the eaves are rotting. The siding is missing in places and has termite damage in other places. There is a bif, tree on one side that is growing over and against the structure. A portion of the roof that is slanted is separating from the house and starting to fall. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 06/08/2022. SEE ATTACHED PHOTOS 21 y 51 '. f"'` 1 t y� ` ..�� r A} ry C -� t }F�•�i{V!. �f �r+ ! ` -! _`1 } d�r^�iY' al A r; IN t m Q/ ;+I yp s 45 fee 51 r 011 Ufa t' �1f4 l� '�� 1 f. . ( li J t h i ♦p ♦1 {� -I. i' r ;� J." - _ _ �1x: 4 t r -fit Ev ,� 3� � •. :j�.r.(F;. "rs' 4-1 Ol t t i" � �S it 7 �. � ///�/ } 6 � .•f y � 1ytNN . 1S �N �� .. �� � '� 1 ���� S } ` fix, �•yi(� tk�'i; ,> mall �v> SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2025 LEIPER — SHED ONLY OWNER: LOTTIE B. & FREDDIE LEE BROWN ESTATE OWNER ADDRESS: 2025 LEIPER BEAUMONT, TX 77701 TAXES OWED: $9,495.23 Market Value: $57,921.00 Fire damaged? NO Property was Red Tagged on: 07/17/2020 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The structure has completely collapsed and is covered with overgrowth. The main house has been.._fired tagtted as of 04/07/2022. We have has multiple complaints on the shed and the pests that are cominy_Qut from it. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reinspection was completed on_04/05/2022. SEE ATTACHED PHOTOS 22 fry, A r ll � �g�•,�•�k> 4i .y"`: i1 "��l }x^s��.t'k°7 VtV I �.G�` x �I l: 1 � ! fC.F r �,.,• -� , '1 r � q � �+�.Il,-,r $�"�ff1 t �'T� m .�.� •! If�E 'x� •Y !-Y.. �j �J:.': `,°''x \ J F•,C r r"�r !� ! A r w f f 7�A$; � ����, - '�� k •' �, � . � ,c>�ra .� �`' I � � r v. r ,.� ,� ++'�k�, � s !,r a F �'�' i �; �x r r rr fn f 7,- 4 � 4�y�'^� "'�,�' � t'•� �.S'r N m s C; M' Q 'R9,N C p Se„ L=` 9 its l -r� 1 C Pa a! cr r Ifil ' u ��tyid- r � � ^i��' _ � � v� "# ��F 1 1; �� } tik;• ;vt 1r " t s j In ' yy fM I ti{%' i' , '-C� r� Y 1 1 {� 1 '\+mo,,.:% a�� ��% 1%,fit ;,,ram✓ -�-"` r p ,;; i� V � `,�� iY �$4� `� ��a�Shr y�H!'��° r r Ali cf t, 4 S if 1•1 t �rti.�s j i + \ l Ftl t. �1,�'F}�•� f •b,"� A , Y�"' �':$ ` '` ri'ySiY � f `-{ � � 1 � , +rz j - F'1 h���,': \T ♦ � MdFiAT ' � s x ���r�: ! �f, �k -`rkal � d �.'�' r>•�', .v t � �ll����q�,�! ��� t• r. 1 SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 1810 LLLA FRANK RE' LFORD 1845 SARAH BEAUMONT, TX 77705 Owner enrolled in Pre -Council Work Program? $31,899.00 1►Cl7 07/06/2021 YES DESCRIPTION OF PROPERTY; The structure is secure. The owner sil4ned up for a_work program and was allowed 150-days to make the repairs. A code compliance permit was the only permit that was pulled and no inspections have been done. The eaves are missing in places alone with missing siding. The interior has been stripped and the insulation is fallin through the ceiling. The lumbin electrical and mechanical will have to be replaced. There is a broken window. Some of the window frames will have to be replaced. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reinspection was completed on 06/03/2022. SEE ATTACHED PHOTOS 23 € eaummil. TX y -; SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: AVAIKMAN OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: 1200 LONG FRED SOUTHWELL ESTATE 1200 LONG ST BEAUMONT, TX 77701 Owner enrolled in Pre -Council Work Program? $34,107.00 kl= 06/06/2021 NO DESCRIPTION OF PROPERTY: The structure has completely burned to the ground since we originally red to ed it. Based on the extensive re airs needed in this structure staff is recommending a raze order for this structure. The reinspection was , completed on 06/08/2022. SEE ATTACHED PHOTOS 24 1 7 �45 `t II x 4 {1'iS1S je]My� y J • a 1 � Y - / 1 Y }� r Sf - ! 1 tFlf <.,��I.�Cfi.. fy I.StP 1 1 r # ritt iE`r�1 l 1 t V 4 1 r • fir. -. _'. VMS SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2195 MAGNOLIA -- INCLUDES GARAGE APT & 2 SHEDS OWNER: CONDON IRMA NOURETTE ESTATE OWNER ADDRESS: 17 ROYAL DALTON CIR CONROE, TX 77304 TAXES OWED: $30,784.31 Market Value: $90,380.00 Fire damaged? NO Property was Red Tagged on: 12/06/2021 Owner enrolled in Pre -Council Work Program? late] DESCRIPTION OF PROPERTY: The structure is secure. Multiple windows are missin and boarded up. The windowsills are rotting and will need to be replaced. There is severe termite damaize. All the structures are severely overgrown with vegetation. One of the sheds has partially collapsed, and the roof is caving in. The garalze apartment is covered with vegetation, rotting siding and termite damaged. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reinspection was completed on 06/10/2022. SEE ATTACHED PHOTOS 25 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DI"SION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 157 MONTCLAIR OWNER: ALBERT H. dR.. & JERRI WILLIAMS OWNER ADDRESS: 4165 OLD DOWLEN RD APT 952 BEAUMONT, TX 77706 TAXES OWED: $11,815.03 Market Value: $131,519.00 Fire damaged? YES Property was Red Tagged on: 07/02/2021 Owner enrolled in Pre -Council Work Program? YES DESCRIPTION OF PROPERTY: The owner's signed up for a 150- day work program and were given a 90-day extension. No permits have been.pulled and no inspections have been done. The structure is fire burned and unsecure. The interior has been stripped down to the frame including the ceiling being removed. There are still multiple burnt structural members that will have to be replaced. The electricalplumbing and mechanical will have to be replaced. The roof is burnt and sagging. It will have to be replaced. Based on the extensive repairs needed in this structure, staff is recommendiniz a raze order for this structure. The reinspection was completed on 06/03/2022. SEE ATTACHED PHOTOS PTO No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2095 MONTROSE — INCLUDES 2 SHEDS OWNER: SUSAN LORRAINE ENDERLE MCFADDIN OWNER ADDRESS: 1425 GLENDALE ST BEAUMONT, TX 77707 TAXES OWED: $33,295.62 Market Value: $94,386.00 Tire damaged? NO Property was Red Tagged on: 07/19/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is secure. The structure has an extremely larLye beehive that has been built in one wall. The siding is rotting and-missinIz in several places. There are multiple places at the foundation that the siding has very large holes. The roof is sagging ing and will need to be repaired. The ceiling has began to fall on the interior and looks as though it has been wet in places. The sheds are rotting and starting to lean a little. Based on the extensive repairs needed on these structures, staff is recommending a raze order for this structure. The reins ection was completed on 05/27/2022. SEE ATTACHED PHOTOS 27 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 8265 OAK RIDGE —INCLUDES AUXILIARY BUILDING AND 2 SHEDS OWNER: TLC SMITH CONSTRUCTION LLC SERIES W OWNER ADDRESS: 8335 TRAM RD BEAUMONT, TX 77713 Market Value: $5,549.00 Fire damaged? NO Property was Red Tagged on: 03/22/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The structure has been strippeddown to the studs inciudinu all the siding and windows have been removed. All the electrical wires have been removed. There is severe termite damage to the structure. No permits have been pulled. The roof is sagging, and the foundation needs to be leveled. Based on the extensive repairs needed in this structure, staff is recommendiniz a raze order for this structure. The reinspection was completed on 06/09/2022. SEE ATTACHED PHOTOS No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 8345 OAK RIDGE OWNER: TLC SMITH CONSTRUCTION LLC SERIES Y OWNER ADDRESS: 8335 TRAM RD BEAUMONT, TX 77713 Market Value: $6,888.00 Fire damaged? NO Property was Red Tagged on: 03/10/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is unsecure. All the siding, has been removed and the electrical wirinm has been removed. The front porch roof is sagging. Some of the windows have been removed. The interior has partially been stripped to the studs. There is termite damage and rotting studs that will need to be replaced. The foundation will need to be leveled. No permits have been -pulled for any work that has been done. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 06/08/2022. SEE ATTACHED PHOTOS 29 � � � � ƒ ».«/�� -.��������. . �� /.��;���� - � \3 f��� � � §� « � ��� ����z«�.:�y y=� w ::,..� . a�»�.� s». wa��� yw>.� .. >� �����;~\ \}� r.�� _°;� ( \� � � �\: `\ } J, j\� . � \ � \ � � \� � � « \{ \ , � � � . � � \� . �\}(.��` \ �^� .� , / 2ƒ� :j� .� , � ° y \ \�\�� � � <: � � q � � .� � �t�\� �� d, ®�� ;G� � SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: BURDING CODES DIVISION CITY OF BEAUMONT 3290 OGDEN -- INCLUDES GARAGE EARL WALKER 996 THREADNEEDLE ST BEAUMONT, TX 77705 Owner enrolled in Pre -Council Work Program? $35,919.00 NO 09/30/2021 YES DESCRIPTION OF PROPERTY: The owner signed up for a work prolzram which allowed 150-days to make the repairs. No permits have been pulled. The structure is secure. All the windows are boarded up. The plumbiniz will have to be replaced. One window on the top of the structure is broken and not boarded. The eaves and siding are rotting in several places. The foundation iers are cracked and will have to be replaced. There is extensive termite damalle. The rear deck is collapsing and will need to be replaced. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reinspection was completed on 05/24/2022. SEE ATTACHED PHOTOS 30 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 11295 PATRICIA -- INCLUDES 2 SHEDS OWNER: ADRIANA MARTINEZ OWNER ADDRESS: 2147 VICTORIA ST BEAUMONT, TX 77701 TAXES OWED: $2,446.71 Market Value: $47,005.00 Fine damaged? NO Property was Red Tagged on: 03/22/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The interior has been stripped down to the studs. The siditill has been removed on the bottom half of the structure. The remaining siding is__r_ottin and will need to be replaced. The roof is sagging and the eaves are rotten. All the windows have been removed. The electrical has been removed. There has been some foundation work done to level it but it is still not level. No permits have been pulled. Based on the extensive repairs needed in this structure, staff is recommendinlZ a raze order for this structure. The reinspection was completed on 06/09/2022. SEE ATTACHED PHOTOS 31 A �.���gg�� om YY�� I1 r l 1 I. y I1 Il e 1 I' Y � I ........... M I I®p E Q:: SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 5840 PICADILLY — INCLUDES POOL OWNER: SAMUEL LEVINE JR. OWNER ADDRESS: 9110 GLEN MEADOWN LANE BEAUMONT, TX 77706 Market Value: $100,811.00 Fire damaged? YES Property was Red Tagged on: 11/30/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is unsecure. The structure has extensive fire damaLye to the interior. The electrical, plumbing and mechanical will all have to be replaced. Most of the roof has collapsed on the first story and the partial second -story is completely fire burned to the point you can see through it. The pool is unsecure and has not had maintenance which has caused the water to turn green. There are multiple broken windows. The siding is rotting in places and the eaves have smoke damage. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reins ection was completed on 06/01/2022, SEE ATTACHED PHOTOS 32 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2035 PINE OWNER: WILBERT JOSEPH ANDRE'WS ETAL %KEEYA RICHARDSON OWNER ADDRESS: 527 ELLWOOD TERRACE LN RICHMOND, TX 77406 Market Value: $42,695.00 Fire damaged? NO Property was Red Tagged on: 03/2912021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is unsecure. Transients have been sta in in the house. The back door is open and unsecure.__ The interior air cond tioniniz unit is xnissinI4 and the water heater will need to be replaced as it is laying on the ground outside. The roof is sagging and the siding is rotting in places. The windowsills will need to be replaced because they are rotting. There are exposed electrical wires that will need to be repaired. Based on the extensive repairs needed in this structure staff is recommendinga raze order for this structure. The reins ection was completed on 06/09/2022. SEE ATTACHED PHOTOS 33 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED. Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEA.UMONT 2005 POPE VITA EQUITY LLC 4801 N LITCHFIELD KNOLL E LITCHFIELD PARK, AZ 85340 Owner enrolled in Pre -Council Work Program? $1,564.16 $23,434.00 YES 05/0512021 M11 DESCRIPTION OF PROPERTY: The structure has been burned to the frame on the interior. The roof is sagging and will need to be replaced. The structure is_unsecure. All the windows have been broken and the back porch is collapsing. All electrical, plumbing and mechanical will have to be replaced. All the rafters will have to be replaced along with the ceiling ioists Based on the extensive repairs needed in this structure, staff is recomnendin a raze order for this structure. The reins ection was completed on 06110/2022. SEE ATTACHED PHOTOS 34 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 860 ROBERTS OWNER: ANTONIO VELAZQUEZ BETANCOURT OWNER ADDRESS: 14911 CACTUS WREN DR TOMBALL, TX 77377 TAXES OWED: $2,699.02 Market Value: $29,008.00 Fire damaged? NO Property was Red Tagged on: 05/10/2021 Owner enrolled in Pre -Council Work Prograin? NO DESCRIPTION OF PROPERTY: The structure is unsecure but unable to access because of safety concerns. There is severe termite damalze and the front porch is rotting. There are holes in the roof and severe damage. The entire roof will need to be replaced. The foundation is unlevel but also unsafe because of the termite damage. The subfloors are rotting and have termite damage. There are broken plumbing pipes under the house. The siding is missin in mailareas and severely damaged in other areas. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 06/10/2022. SEE ATTACHED PHOTOS 35 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2655 SABINE PASS — INCLUDES SHED OWNER: MONICA LYNN GARRIET OWNER ADDRESS: 2655 SABINE PASS AVE BEAUMONT, TX 77701 Market Value: $25,378.00 Fire damaged? NO Property was Red Tagged on: 05/26/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is secure. The roof is collapsinm and has missin shingles it will need to be replaced. The front porch is unsafe to walk oil because of rotting wood and the piers are leaninLT outsvard. The window frames are rotten and will have to be replaced. The interior needs plumbing and electrical work done. The siding will have to be replaced. It is rottinlz in several places and missing in some laces. The back of the house and shed are overgrown. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed an 07/07/2022. SEE ATTACHED PHOTOS 36 � Y b j s L i k x SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 812 SHERMAN RAJANAE HARRIS 1620 ROBERTS ST BE, AUMONT, TX 77701 Owner enrolled in Pre -Council Work Program? $31,364.00 05/21/2021 NO. DESCRIPTION OF PROPERTY: The structure is secure. The back half of the structure is starting to collapse because the concrete piers have shifted. The foundation will need to be leveled and the siding in the rear will have to be replaced. The framin in the rear will also need to be repaired. The eaves are rotten all the way around the house. There is a broken window and several rotten window frames. The interior will need frame work and sheetrock replaced. Based on the extensive repairs needed in this structure, staff is recommendinIz a raze order for this structure. The reinspection was completed on 07/07/2022. SEE ATTACHED PHOTOS 37 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 6550 SPEER EDWARD J ROBERTS 6550 SPEER RD BEAUMONT, TX 77708 Owner enrolled in Pre -Council Work Program? $4,896.00 NO 05/1.8/2021 NO DESCRIPTION OF PROPERTY: The structure is secure. There are bees in the front left wall of the structure. There is extensive termite damage . The eaves are rotting and will need to be replaced The front porch is collapsing. The roof is sagging and will need to be replaced The windowsills will also need to be replaced due to rotting wood. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reins ection was completed on 06/10/2022. SEE ATTACHED PHOTOS 38 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: C111d1V [IA OWNER ADDRESS: Market Value: Tire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 3670 ST HELENA -- GARAGE ONLY JOYCE WELLS 3670 SAINT HELENA ST BEAUMONT, TX 77703 Owner enrolled in Pre -Council Work Program? $87,211.00 NO 03/29/2021 NO DESCRIPTION OF PROPERTY: Both garage doors are broken. There is termite damne to the garage. The roof is sa in and rotting in other areas. The siding has termite damn e and is also rotting. The structural bears are rotting and will need to be replaced. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reinspection was completed on 06/09/2022. ,SEE ATTACHED PHOTOS 39 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: A3A OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 3240 ST JAMES - COMMERCIAL GREATER GRACE TEMPLE MINISTRIES BEAUMONT P.O. BOX 21843 BEAUMONT, TX 77720 Owner enrolled in Pre -Council Work Program? $11,470.00 NO 12/09/2021 NO DESCRIPTION OF PROPERTY: A two-thirds of the structure has collapsed on the back side. The wall on the right side is buckling outward and the brick has already fallen off. The wall on the left side facinj4 the front is also bucklin14 from the weilzilt of the collapsed portion. The windows are broken. The doors are secure but you can access the building from the collapsed area which is extremely dangerous, Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 07/07/2022. SEE ATTACHED PHOTOS 40 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: CI]'i'1KINN OWNER ADDRESS: _T ! Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY Or BE' AUMONT 3609 ST JAMES - DUPLEX JOHNNIE' B. TAYLOR ET UX 3603 SAINT JAMES BLVD BEAUMONT, TX 77705 Owner enrolled in Pre -Council Work Program? $17,150.00 NO 04/01/2021 m DESCRIPTION OF PROPERTY: The structure is secure. The eaves are rotten and the roof is sagging. The windowsills and the siding are rottinjj and will have to be replaced. There is termite damage to the structure. There is one broken window and vegetation has started to row inside the house. The interior walls will need to be repaired. The ceiling is missing and the rafters are exposed The wooden ceiling joists are rotten in places and will have to be replaced. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reins ection was completed on 06/09/2022. SEE ATTACHED PHOTOS 41 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 4295 STEELTON -- SHE, ONLY SDB DEVELOPMENT LP 2970 W. LUCAS DR BEAUMONT, TX 77706 Owner enrolled in Pre -Council Work Program? $71,564.00 NO 02/23/2021 NO DESCRIPTION OF PROPERTY: The structure is collapsing from extensive termite damage The siding is missing in some places and rotting in other places. The structural members are rotting as well. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 06/07/2022. SEE ATTACHED PHOTOS 42 11 d ' 4�m k H S uv<u k! ,Q.. d f � I I 1 y � r t al •I � � Y ��Fa' 1 it £� SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BE' AUMONT 2475 TAYLOR MELVIN LATHAM 12205 STRATFORD DR OKLAHOMA CITY, OIL 73120 Owner enrolled in Pre -Council Work Program? $28,267.00 05/05/2021 NO DESCRIPTION OF PROPERTY: The structure is unsecured. There is extensive termite damaize that will have to be repaired. The roof is sagging and the rear of the structure is collapsinL-. There are broken windows and the windowsills will have to be replaced because they are rotting. The siding at the bottom of the structure has been removed in places all the way to the studs where you can see into the house. Part of the house has been stripped to the studs The exterior doors will have to be replaced. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reinspection was completed on 0611.0/2022. SEE ATTACHED PHOTOS 43 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 3490 TEXAS LILLIAN 13URLEIGH ESTATE % SHERMAN BURLEIGH 4305 BERKLEY ST BEAUMONT, TX 77703 Owner enrolled in Pre -Council Work Program? $6,521.36 $23,050.00 M 1A 04/25/2022 NO DESCRIPTION OF PROPERTY: The roof has holes in it that have caused the ceilin to collapse in art of the structure. The structure is missing siding that makes it accessible. There is termite damaLre that will have to be repaired. The front porch and wheelchair ram are rottin . Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reinspection was completed on 05/26/2022. SEE ATTACHED PHOTOS 44 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Fine damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 7635 TRAM GRACIE M. HOWARD ESTATE % SANDRA BROOKS LEE 603 TEXAS ST CAMDEN, AR 71701 Owner enrolled in Pre -Council Work. Program? $18,976.00 I►C] 05/18/2021 NO DESCRIPTION OF PROPERTY: The structure is secure but there are broken windows that are boarded. The attached ara a is colla sin . The window frames are rotting and will have to be replaced. The siding and eaves are rottinjj and need to be replaced. The interior has ceiling and sheetrock damage that needs to be repaired. Looks like at some Poin transients have been in the house. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reinspect on was completed on 07/07/2022. SEE ATTACHED PHOTOS 45 Q ` i g ►"$'" 4 =. F ��' �11 r SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 4530 WINSTON CAROLYN FRANIaIN 4530 WINSTON DR BEAUMONT, TX 77705 Owner enrolled in Pre -Council Work Program? $11,921.43 $26,905.00 NO 06/10/2021 NO DESCRIPTION OF PROPERTY: The structure is secure from what can be seen. There is heavy vegetation in the rear making it inaccessible. The structure has rotting siding and holes in the siding that will have to be replaced. The roof is saLFging and will need to be repaired. There are broken windows. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 05/27/2022. SEE ATTACHED PHOTOS 46 No Text