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Home My WebLink About08/02/2022 PACKETTEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, AUGUST 2, 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 1-3 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 July 26, 2022 City Council Meeting Minutes REGULAR AGENDA l , Consider authorizing the Interim City Manager to execute Change Order No. 3, accept maintenance, and authorize final payment to Texas Pride Utilities, LLC, for the Dowlen West Pipe Bursting Contract — Phase I Project 2. Consider approving a contract with WJE Associates, Inc., of Austin, Texas for Professional Engineering Services — Bridge Repairs at Various Locations City Wide EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Ronald K. Davis v. John D. Brown, et al; Civil Action No. 1:22-ev-00024 3. Consider authorizing the settlement of the lawsuit styled Ronald K. Davis v. John D. Brown, et at; Civil Action No. 1:22-cv- 00024 PUBLIC HEARING Receive comments related to draft plans for the reapportionment of single - member council wards 4. Consider an ordinance amending the boundaries of the wards of the City of Beaumont for election purposes CrZ#�► -m-Nm Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Robert Counts Claim of Virginia Quintanar Toye Frazier v. City of Beaumont; Cause No. E-206,919 * Deliberate the appointment, employment and duties of the City Manager position in accordance with Section 551,074 of the Govermment Code - Personnel Matters; Closed Meeting: Christopher S. Boone Lionel D. Lyons Kermeth R. Williams 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. BEAUMONT CITY COUNCIL REGULAR MEETING OF DRAFT PLANS FOR THE REAPPORTIONMENT OF SINGLE -MEMBER COUNCIL WARDS August 2, 2022 1:30 p.m. Beaumont City Council Chambers 801 Main Street, I" Floor Beaumont, Texas The Beaumont City Council will meet Tuesday, August 2, 2022, at 1:30 p.m. in Beaumont City Council Chambers for a public hearing on draft plans for the reapportionment of the City's four single -member council wards. All interested persons are invited to attend. AYUNTAMIENTO DE BEAUMONT REUNION ORDINARIA DE LOS PROYECTOS DE PLANES PARA LA RF-DISTRIBUC16N DE LOS TUTORIOS UNIFORMES DEL CONSE30 2 de agosto de 2022 1:30 de la tarde. La Camara del Coneejo Municipal de Beaumont 801 Calle Principal, ter Piso Beaumont, Texas El Concejo Municipal de Beaumont se reunird el martes 2 de agosto de 2022 a la 1:30 p. m. en las Camaras del Coneejo Municipal de Beaumont Para una audiencia publica y la adopcion de un mapa preliminar para la redistribucibn de los cuatro distritos electorales de un solo miembro de la Ciudad. Todas las personas interesadas estan invitadas a asistir. 0 � w i TO: City Council FROM: Clues Boone, Interim City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: August 2, 2022 REQUESTED ACTION: Council consider approval of the July 26, 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 II Audwin Samuel, Mayor Pro Tern JULY 26, 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 July 26, 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 -Redistricting Presentation Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-4 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor David Shirey with Lamar Baptist Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tem 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 "Texas Workforce Solutions Vocational Rehabilitation Services Week" — July 25 - 29, 2022 - Proclamation read by Mayor Mouton; accepted by Fernando Rivera, Business Relations Coordinator and Harold Whitfiled, Vocational Rehabilitation Manager Presentation -- Mr. Ressin Pullum, Attorney at Law with Bojorquez Law Firm, PC Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-4 k C:7T 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 July 19, 2022, City Council Meeting Minutes Minutes —July 26, 2022 B. Authorize the Interim City Manager to apply for and receive funding through the FY 2022 Edward Byrne Memorial Justice Assistance Grant Program and to execute all documents necessary, including an inter -local agreement with the City of Port Arthur and Jefferson County in order to request the funds - Resolution 22-178 C. Authorize the Interim City Manager to sign and execute all documents necessary in order for the City of Beaumont to continue the project (Southeast Texas Auto Theft Task Force) with the Motor Vehicle Crime Prevention Authority - Resolution 22-179 D. Authorize the Interim City Manager to execute the renewal of lease agreements with Bar C Ranch for the Southeast Texas Auto Theft Task Force - Resolution 22-180 Councilmember Feldschau moved to approve the Consent Agenda. Mayor Pro Tem Samuel seconded the motion. Councilmember Getz requested during discussion that item E be tabled, Councilmember Neild seconded the request. Councilmember Feldschau moved to approve the Consent Agenda excluding Item E. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED E. Authorize the settlement of the lawsuit styled Ronald K. Davis v. John D. Brown, Individually and The City of Beaumont; Civil Action No. 1:22-ev-00024, Councilmember Getz moved to approve tabling Item E. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS GETZ, TURNER, PELDSCHAU AND NEILD NAYS: COUNCILMEMBER DURIO MOTION PASSED AGENDA 1. Conduct an election for Mayor Pro Tempore. According to the City Charter, "the City Council shall elect one of its members as Mayor Pro Tempore for a one-year term." The Mayor Pro Tempore shall perform the duties of the Mayor in case of absence or inability of the Mayor to perform the duties of the office, and, if a vacancy occurs, shall become Mayor for the unexpired term. Minutes — July 26, 2022 Mayor Mouton moved to APPROVE A RESOLUTION THAT COUNCILMEMBER CHRIS DURIO IS ELECTED MAYOR PRO TEMPORE FOR A ONE (1) YEAR TERM. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-181 2. Consider authorizing the Interim City Manager to submit an application to the Texas General Land Office (GLO) for Community Development Block Grant -Disaster Recovery (CDBG-DR) Program funding related to drainage improvements along Phelps Road and authorize the Mayor and Interim City Manager to act as the City's executive officer and authorized representative in all matters pertaining to the city's participation in the CDBG-DR Program. Tropical Storm Imelda severely impacted the City of Beaumont and the City 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 projects detailed within the application will address major drainage improvements in the southern parts of the City of Beaumont along Phelps Road which were identified as at risk due to Tropical Storm Imelda. The CDBG-DR Application request amount be filed for $1,000,000.00 for construction, acquisition, and professional services. The application will require a cash match, based on CDBG-DR application request amount, in the amount of $55,479.65 for Construction activities committed by the City of Beaumont from the General Fund. The total project cost is $1,055,479.65 to include construction, acquisition, and professional service activities. Funds will come from the Capital Program. Approval of the resolution. Councilmember Nelld moved to APPROVE A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING THE SUBMISSIONS OF AN APPLICATION TO THE TEXAS GENERAL LAND OFFICE (GLO) FOR RECOVERY (CDBG-DR) PROGRAM; AND AUTHORIZING THE MAYOR AND INTERIM CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE CDBG-DR PROGRAM. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Minutes —July 26, 2022 Resolution 22-182 3. Consider authorizing the Interim City Manager to submit an application to the Texas General Land Office (GLO) far Community Development Block Grant -Disaster Recovery (CDBG-DR) Program funding related to drainage improvements in the Laura Addition and authorize the Mayor and Interim City Manager to act as the City's executive officer and authorized representative in all matters pertaining to the city's participation in the CDBG-DR Program. Tropical Storm Imelda severely impacted the City of Beaumont and the City 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 projects detailed within the application will address major drainage improvements in the Laura Addition Subdivision of City of Beaumont which were identified as at risk due to Tropical Storm Imelda. The CDBG-DR Application request amount be filed for $1,000,000.00 for construction, acquisition, and professional services. The application will require a cash match, based on CDBG-DR application request amount, in the amount of $398,365.00 for Construction activities committed by the City of Beaumont from the General Fund. The total project cost is $1,398,365.00 to include construction, acquisition, and professional service activities. Funds will come from the Capital Program. 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 GENERAL LAND OFFICE (GLO) FOR COMMUNITY DEVELOPMENT BLOCK GRANT -DISASTER RECOVERY CDBG-DR) PROGRAM; AND AUTHORIZING THE MAYOR AND INTERIM CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CIYT'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT -DISASTER RECOVERY (CDBG-DR) PROGRAM. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-183 4. Consider authorizing the submission of an application to the Texas Parks & Wildlife Department for the Non -Urban Outdoor Recreation Grant with a representative from staff to carry out the process of the grant on the City's behalf. The City of Beaumont desires to improve parks as they are directly connected to quality of life. Individuals and families use our parks every day to play and enjoy the outdoors. Our Minutes — July 26, 2022 goal each year is to improve each of our city's thirty-six (36) parks and for this reason we are seeking grant funds to improve one of our parks. The "Imagination Station" at Central Park is in need of replacement, There have been recent updates and maintenance on the equipment, but weather conditions have required further repair. The Texas Parks and Wildlife grant may provide the city an opportunity through funding to replace the Imagination Station. The grant program award amount is up to $750,000 with a 50% match. The match flexibility allows us to use in house labor, equipment, and materials as a match. Funds will come from the Texas Parks & Wildlife Non -Urban Outdoor Grant (50%) and local match of 50%. Approval of the resolution. Mayor Pro Tern Durio moved to APPROVE A RESOLUTION THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR GRANT FUNDING FOR THE NON -URBAN OUTDOOR RECREATIONAL GRANT THROUGH THE TEXAS PARKS AND WILDLIFE DEPARTMENT, IN AN AMOUNT UP TO $750,000.00, FOR REPLACEMENT OF IMAGINATION STATION LOCATED AT CENTRAL PARK. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-184 COMMENTS Public Comments (Persons are limited to three minutes) J.D. Roberts 5475 Landry Lane Beaumont TX Thanked the City Attorney, Sharae Reed for speaking with the kids at the Jefferson County Courthouse as well as Councilmember Taylor Neild and Mike Getz for attending the Save Our Children (SOC) program at the Court House, this is Councilmember Getz' 10th year participating, informed Council as to what he and several other citizens spoke about regarding selecting a new City Manager, stated that a great majority of the citizens that he spoke with believe that hiring within the ranks if someone is qualified is better than starting with someone new, stands as a representative of some city employees and citizens of Beaumont to seriously consider hiring from within, Council has worked with Chris Boone and there's no question in their minds that Mr. Boone is capable of not only doing the job but doing a great job for the Council and the citizens of Beaumont, stated thatthe entire Council is working well together with no arguing and everyone is communicating, thanked Chris Boone for what he's doing and asked that he continue to do the good work and everyone is praying for him Roderick Brown 2310 Sonny Perkins Beaumont TX Minutes -- July 26, 2022 Stated that he's the son of radio personality "Boy" Brown, who in 1972 was savagely and unjustly beaten and paralyzed from the neck down by members of the Beaumont Police Department, he realizes that no one in the room today was of age and doesn't fault or blame anyone here regarding the tragic incident, stated that nothing was ever done to financially support or accommodate his family, he's calling for justice for Christopher Shaw and his father, asked that Council do the right thing Ricky Jason 1077 Magnolia Beaumont TX Commented on the 1972 incident regarding "Boy" Brown who was beaten, the police left him on the concrete for fifteen (15) to twenty (20) hours, they weren't able to take his photo because they couldn't hold his head up, stated that there are good Police Officers and there are some bad ones as well, stated that what Police Officer Gilliam did to Christopher Shaw by picking him up and dropping him on his head and paralyzing him was evil, hateful, mean and no matter what color a person is it's racist, stated that Beaumont is going to explode, they are requesting to see the video, the world needs to see, Sherriff Zena Stephens has seen the tape as well as Mr. Shaw's attorney, asked that the tape to be shown Virgil Brown 2310 Sonny Perkins Beaumont TX Stated that he's the son of "Boy" Brown, would like to see some of the liberty and justice for all by reopening his dad's case, something has to be done and asked that Council do the right thing David Redmon 3635 Agusta Dr. Beaumont TX Stated that he's a former employee, was employed with the City of Beaumont for twenty six (26) years and worked in the Public Works Department, he loves living in the City of Beaumont and believes that Beaumont is one of the best cities to raise a family, the present leadership which is the City Council is doing an outstanding job, also believes that under the present leadership of Interim City Manager Chris Boone the city continues to grow and is headed in the right direction, as a city employee he worked with Chris Boone in the Building Codes Department while helping new construction businesses with their drawings to be in compliance before construction started, has witnessed on many occasions Chris going above and beyond for the business owners, Chris is a man of integrity, he's knowledgeable, cares about the employees, he believes and loves this city as much as we all do, stated that he's a strong believer of promoting from within and rewarding employees who are deserving and believes that Chris has proven in his acting role that he can do the job, closed his remarks by saying he will respect and support whatever decision the Council makes, he left Council with an old saying "if it ain't broke, don't fix it" Jesica Lambeth 232 W. Caldwood Beaumont TX Stated that she came to Beaumont to be a part of the community and get more involved with her city, thinks the parks idea is a great idea, commented on redistricting, Councilmember Getz said that he wished that all of Caldwood would be in one district, stated she lives in the Caldwood neighborhood, they have a good neighborhood association, a Facebook page and they all gather together, it's a very close-knit neighborhood, thinks that Caldwood should stay in one district whichever one it goes to, Councilmember Getz has done a great job on representing them, would like to see the neighborhood stay together Minutes — July 26, 2022 Christopher Jones 1045 Doucette Ave. Beaumont TX Spoke to Council regarding concerns about an issue that he knows can be resolved, has noticed a trend that he can no longer sit by and say nothing about, especially when many believe that the greatest opportunity for citizen access is now with this current Council, many citizens of Beaumont have been exposed to biases when it comes to management, department staff, some of the department leaders and some crews of the City of Beaumont, one of the basis is restrictive in nature, has noticed and experienced prior to and during this current management and staff, that he along with residents and supporters are conflicted on how plans and potential proposals that citizens want to bring to Council are only verbally discussed to some extent to members of management and or departments of the city, without notice the conversation and progress are stalled or halted until the idea or one like it pops up outside of the proposed area or neighborhood, stated that one of those ideas is the long -waited South End Charlton Pollard Community Garden and Orchard proposal from the South End Charlton Pollard Greater Historic Community Association, stated that most if not all of Council has some of the same passions to resolve issues that plague their communities, made Council aware that many from the community are losing hope not just in them but believes the capability or even the desire and will to resolve issues from city management and some of the departmental administration is not in Council's favor, management and department leader's unwillingness to work with them is what many perceive to be a directive from Council, which they have noticed is not always the case, their association for five (5) years now has been awaiting the opportunity to propose a community garden and orchard to Council, strangely identical to the proposal presented to Council several weeks ago, ironically an outside entity presented a similar idea that they have been communicating and planning with community partners, Mr. Jones' time was up, he stated that the rest of what he has to say will be submitted to Council Kevin Allen 2390 Park St. Beaumont TX Commented on his vehicle being taken/towed on today, thought he had a problem but after listening to all that he's heard on today he really doesn't have a problem, after listening to the comments about the person being handcuffed and hit on the head, stated this is the second time that he's come to the Council meeting, he called the Police regarding an incident that occurred in his neighborhood, the police never showed up nor did they call him back, on July 201h he got a sticker on his car, he went to the Police Department and they gave him the name of a person and told him to call the person because he was on duty, he called the number and the person never returned his call, he woke up and his neighbor informed him that his car was gone, the car is drivable but the Police are saying it's abandoned, stated that he's praying for Council as they have a lot going on, made additional comments as well as gave condolences to the Brown family and is praying for the Shaw family for what he's going through Addie Allen 9695 Gross Beaumont TX Stated to Council that she lives in the Amelia neighborhood and it's her understanding there's going to be a tower out there, a few weeks ago a Piper and a Cessna collided in North Las Vegas, doesn't know if they were a towered or non -towered airport, stated that she's still concerned because she thought that there were going to be little baby planes in Minutes —July 26, 2022 Amelia but there's passenger planes that are coming through at record speed, commented on the flight patterns which are interesting because the flight patterns are all over the place, she was wondering, even if this is going to be economic development and we're going to have a Municipal Airport whose taking notes, also commented on a street that was repaired because there was sewer on the end of Landis and as a result they got the street repaired, somebody forgot about the children Over at Amelia, they have to walk in the street, the street is very short and when the cars come people have to get in the ditch because the street is very narrow, when it rains the water goes underground, she has water that backs up into her bathtub, stated that in the past she asked for a regional horn and was told it was too expensive, they have the horns in the Dallas/Ft. Worth area, in October they experienced a lot of disasters in Amelia and throughout the city, didn't hear anything from the city, wanted to know where is the concern other than industrial, the citizens need to be taken care of, gave condolences to the Brown family for what they have gone through with things consistently happening Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM DURIO - THANKED THE MAYOR AND COUNCIL FOR ELECTING HIM AS MAYOR PRO TEM, APPRECIATES THE COUNCIL'S CONFIDENCE IN HIM AND WILL DO A GOOD JOB COUNCILMEMBER GETZ - STATED THAT HE PRACTICED LAW IN THE CITY OF BEAUMONT FOR THIRTY (30) YEARS, PARTICIPATED 1N MANY JURY TRIALS AND RESPECTS THE JURY SYSTEM, THAT DOESN'T MEAN HE ALWAYS AGREED WITH THE VERDICT, THAT WAS THE CASE IN THE VERDICT IN JEFFERSON COUNTY YESTERDAY, ONE OF THE CITY'S YOUNGEST AND FINEST POLICE OFFICER HAD HER LIFE TAKEN FROM HER BECAUSE AN EIGHTEEN (1I8) YEAR OLD KID DECIDED TO DRINK MORE THAN TWICE THE LEGAL LIMIT AND DRIVE HIS CAR THE WRONG WAY ON THE HIGHWAY, HE CRASHED INTO THE POLICE UNIT KILLING THE POLICE OFFICER AND INJURING HER PARTNER, THE JURY CAME BACK WITH A TWENTY (20) YEAR VERDICT, HE'S ALREADY BEEN IN JAIL FOR TWO (2) YEARS AND HE WILL BE ELIGIBLE FOR PAROLE IN EIGHT (8) YEARS, AT THE AGE OF TWENTY EIGHT (28) HE WILL HAVE THE OPPORTUNITY IF HIS PAROLE IS GRANTED TO HAVE HIS LIFE BACK, THAT POLICE OFFICER'S FAMILY WILL NOT GET HER BACK, STATED HE AGREES WITH THE JURY SYSTEM BUT THEY DON'T ALWAYS GET IT RIGHT COUNCILMEMBER TURNER - STATED THAT AS HE WAS POSITIVE AS HE PREPARED HIS NOTES FOR TODAY, THE REALITY IS THAT THERE'S NEGATIVE ENERGY IN THE ROOM TODAY, ASKED THE INTERIM CITY MANAGER TO PROVIDE HIM WITH AN UPDATE ON WHAT'S GOING ON WITH EVERYTHING, STATED THAT HE REFUSES TO ACT LIKE HE DIDN'T HEAR NOR IGNORE THE COMMENTS THAT WERE MADE ON TODAY, STATED TO MR. CHRIS .ZONES THAT WHATEVER GARDEN PLANS THAT HE HAS HE WOULD LIKE TO Minutes —July 26, 2022 SIT WITH HIM, HE'S INTERESTED IN WHAT HE'S TRYING TO PROPOSE FOR THE NEIGHBORHOOD, STATED TO MR. J.D. ROBERTS WITH SOC (SAVE OUR CHILDREN) THAT HE'S A STRONG BELIEVER THAT ACTIONS SPEAK LOUDER THAN WORDS, HE SEES THAT HE'S MOVING WITH ACTION AND THAT HE'S DOING THINGS CONSISTENT WITH THE KIDS, WANTED TO GO ON RECORD TO LET MR. ROBERTS KNOW THAT HE APPRECIATES HIM, STATED THAT HE WAS OUT OF TOWN WHEN HE HOSTED THE KIDS AT THE JEFFERSON COUNTY COURTHOUSE, ANNOUNCED SEVERAL BACK TO SCHOOL DRIVES THAT WILL TAKE PLACE ON NEXT WEEK, THERE WILL BE A BACK TO SCHOOL DRIVE ON SATURDAY, JULY 30, 2022, AT SMITH MIDDLE SCHOOL FROM 8:00 A.M. UNTIL SUPPLIES RUN OUT, ENCOURAGED EVERYONE TO GET THERE EARLY AS THERE ARE LIMITED SUPPLIES, ODOM MIDDLE SCHOOL WILL HAVE A DRIVE FROM 9:00 A.M., UNTIL NOON, HE WILL BE HAVING A BACK SCHOOL DRIVE THAT HE'S BEEN DOING FOR EIGHT (8) YEARS AND PARTNERS WITH A NON-PROFIT GROUP CALLED YDIA AT ALICE KEITH PARK ON SUNDAY, JULY 31, 2022, STARTING AT 3:00 P.M., THERE WILL BE GAMES, FOOD, FREE HAIRCUTS, WATER ACTIVITIES AND BEAUTICIANS TO DO THE GIRLS HAIR COUNCILMEMBER FELDSCHAU - CONGRATULATED COUNCILMEMBER DURIO ON BEING ELECTED MAYOR PRO TEM, ALSO WISHED COUNCILMEMBER GETZ A HAPPY BIRTHDAY, PRAYERS GO OUT TO THE FAMILY OF SHEENA YARBROUGH-POWELL ON THE VERDICT THAT WAS HANDED DOWN COUNCILMEMBER SAMUEL - CONGRATULATED COUNC[LMEMBER DURIO ON BEING ELECTED MAYOR PRO TEM COUNCILMEMBER NEILD - CONGRATULATED COUNCILMEMBER DURIO ON BEING ELECTED MAYOR PRO TEM, STATED HE LOOKS FORWARD TO WORKING WITH HIM, THANKED THE CITIZENS FOR COMING OUT TODAY AND VOICING THEIR OPINIONS AND GIVING COUNCIL THE OPPORTUNITY TO TAKE ALL THAT WAS SAID INTO CONSIDERATION, COMMENTED ON SOMETHING THAT WEIGHS HEAVY ON HIS MIND, IT SEEMS LIKE EVERY TIME HE WATCHES THE NEWS IT SEEMS LIKE SOMETHING NEGATIVE IS HAPPENING TO A POLICE OFFICER, BETWEEN THE VERDICT YESTERDAY, AND EARLIER THIS WEEK THERE WAS A POLICE CAR THAT WAS SHOT AT, TWO (2) WEEKS AGO THERE WAS SOME OFFICERS THAT WERE FIRED UPON, STATED IT'S UP TO THEM AS A COUNCIL TO MAKE SURE THEY PUT THEIR POLICE OFFICERS ON THE PEDESTAL THEY DESERVE TO BE ON, EVEN RICKY JASON STATED ON TODAY THERE ARE GOOD OFFICERS, THE CITY AND THE POLICE DEPARTMENT ARE UP FOR NEGOTIATIONS AND AS A COUNCIL THEY SHOULD DO THEIR PART AND GIVE THE OFFICERS A FAIR CONTRACT, HE WOULD Minutes -- July 26, 2022 LIKE TO GET AN UPDATE ON THE NEGOTIATIONS NEXT WEEK INTERIM CITY MANAGER BOONE - EXTENDED CONGRATULATIONS TO DEAN CONWELL AND FREDDIE WILLARD AND THE TEAM AT THE CONVENTION AND VISITOR'S BUREAU FOR BRINGING BEEP BASEBALL TO BEAUMONT, THERE'S THIRTY-SEVEN (37) TEAMS THROUGHOUT THE UNITED STATES, ALSO TAIWAN, CANADA AND THE DOMINICAN REPUBLIC ALL COMING TO OUR CITY, THE ESTIMATE IS 1,700 ROOM NIGHTS WHICH IS GREAT FOR OUR ECONOMY, EXTENDED HIS CONGRATULATIONS TO COUNCILMEMBER DURIO ON BEING ELECTED MAYOR PRO TEM CITY ATTORNEY REED - CONGRATULATIONS TO COUNCILMEMBER DURIO ON BEING ELECTED MAYOR PRO TEM BART BARKOWIAK, PUBLIC WORKS CONGRATULATIONS TO COUNCILMEMBER DURIO ON BEING ELECTED MAYOR PRO TEM TODD SIMONEAUX, CFO CONGRATULATIONS TO COUNCILMEMBER DURIO ON BEING ELECTED MAYOR PRO TEM TINA BROUSSARD, CITY CLERK CONGRATULATIONS TO COUNCILMEMBER DURIO ON BEING ELECTED MAYOR PRO TEM MAYOR MOUTON - CONGRATULATED COUNCILMEMBER ❑URIO AGAIN ON BEING ELECTED MAYOR PRO TEM, LOOKS FORWARD TO WORKING WITH HIM, THANKED COUNCILMEMBER SAMUEL FOR BEING THE MAYOR PRO TEM FOR THE PAST YEAR, A JOB WELL DONE, ALSO COMMENTED ON BEEP BALL, IT'S AN HONOR FOR BEAUMONT TO SUPPORT AN ACTIVITY LIKE THIS, THANKED DEAN CONWELL AND FREDDIE WILLARD AND THE CVB STAFF FOR BRINGING BEEP BALL TO BEAUMONT, BEEP BALL WILL BE PLAYED AT THE CHRIS QUINN SOCCER FIELD, THEY WILL BE PLAYING ALL WEEK, ASKED THAT EVERYONE THAT CAN GO OUT AND SUPPORT TO PLEASE DO SO AND IF ANYONE IS ABLE TO VOLUNTEER PLEASE TRY AND DO SO, ALSO GAVE A SHOUT OUT TO HOMEWOOD SUITE WHERE MOST OF THE VISITORS ARE STAYING, STATED THAT MR. SHAW'S CASE IS IN LITIGATION, IT'S A LEGAL MATTER THAT COUNCIL CAN'T COMMENT ON, AS TO WHAT HAPPENED IN 1972 WITH THE BROWN FAMILY, MOST OF THE COUNCIL WERE CHILDREN, STATED THAT COUNCIL DOESN'T HAVE ALL THE FACTS IT HAPPENED MANY YEARS AGO, COUNCIL HAS THE MORAL OBLIGATION OF DOING WHAT THEY NEED TO DO AS A COUNCIL, THANKED EVERYONE FOR COMING AND SPREAD THE LOVE With there being no Executive Session, the meeting adjourned at 2:56 p.m. Minutes —July 26, 2022 Robin Mouton, Mayor Tina Broussard, City Clerk Minutes —July 26, 2022 1 August 2, 2022 Consider authorizing the Interim City Manager to execute Change Order No. 3, accept maintenance, and authorize final payment to Texas Pride Utilities, LLC, for the Dowlen. West Pipe Bursting Contract — Phase I Project TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MELTING DATE: August 2, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to execute Change Order No. 3, accept maintenance, and authorize final payment to Texas Pride Utilities, LLC, for the Dowlen West Pipe Bursting Contract — Phase I Project. BACKGROUND On February 25, 2020, by Resolution 20-042, City Council awarded a contract to Texas Pride Utilities, LLC, of Houston, for the Dowlen West Pipe Bursting Contract — Phase I Project in the amount of $1,097,150.00. Previous Change Order Nos. 1-2, in the amount of $32,100.00, are attached for your review. Proposed Change Order No. 3, in the amount of ($270,714.00), and the addition of 157 calendar days is required to adjust the estimated quantities and contract time to reflect the actual quantities and contract time used in the completion of the project. If approved, the final contract amount will be $858,536.00. The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract, Acceptance of Change Order No. 3, maintenance, and final payment in the amount of $42,926.80 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO, 21-145 WHEREAS, on February 25, 2020, the City Council of the City of Beaumont, Texas passed Resolution No. 20-042 awarding a contract In the amount of $1,097,150,00 to Texas Pride Utilities, LLC, of Houston Texas, for the Dowlen West Pipe Bursting Contract -Phase I Project; and, WHEREAS, on December 11, 2020, the City Manager executed Change Order No. 1, In the amount of $0.00, for the purpose of Cured -In -Place Piping (CIPP), In lieu of pipe bursting, for a section of sewer pipe found to be located in close proximity to a swimming pool, thereby having to effect on the total contract amount of $1,097,150,00; and, WHEREAS, Change Order No, 2, In the amount of $32,100,00, is necessary for the addition of two (2) 10" point repairs over ten (10) vertical feet and two (2) structural -In -place trench box fabrications. due to unforeseen obstructions found during the course of construction obstructing more than half of the 10" sewer main line, thereby Increasing the total contract amount to $1,129,250,00; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted, and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 2, in the amount of $32,100.00 for additional work described above, thereby Increasing the total contract amount to $1,129,260.00 for the Dowlen West Pipe Bursting Contract -Phase I Project; and, The meeting at which this resolution was approved was In all things conducted In strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL. of the City of Beaumont this the 15th day of .June, 2021. W 0 1 ayor Becky Y CITY Or UL'AUMONT Paso; July 20, 2622 P1011011 DDwlonWool Pipe 001sVDDContraO- Phalli l County; 461(er46h Dkh1c6 Beaumont 0041ratlUumberi DID 110,WU102M Ovrnart City Wlloeumonl CoAhactou Texas Prldo Ul11I11co,1L0 C.O. No,t 3 S TIMM PIAND ANRes s Adpolmgnl of Iho eltlnstedquanWes hlhl conlnetlo Mail the POvolguanlUsa used In camploB000f lho p(vloclondto addthataguosledUme &Aonslonnoadod dog to dhrupilons In neltonrreland auactveholnrekladle the Covld.la aarviamra_ OApinll ChanOsln Ihmlla. RemCodo DeOCRiPTtO)) Unit usnl ua 11 UnitPIlea Taw DRET4 2 361 Full Depth RepolrolSHoWeQt(6') BY 26 (26,00) ; 60.00 ; (1,040.00) 3 301 FLAOeplhRepair ofDAvarrey(61) BY too (100,00) ; 20,OD $ (0,400.00) 4 301 FulOopthRep AVofConvalaPay* nwnl(10) BY 10 (160,00) ; 106,00 ; (16,760,00) 0 351 MAN* ' $Y 26 (20.00) ; 40.00 ; (1,600.o0) 6 706 HM1DY6dn 9 aCaaF 01 Now ass en A D6'pt IhK1thATJarn s 60 l EACH 44 (14.00) 0 3,000,00 ; (69,40A04) to 206,3301 ,, o or avlof Roplooetn4fti bid. MIAER6,0uar3Fail OI 1 FI61r Iall V. 100 43,00 ( ) ; 020.00 ; ()3.760.Q0) 11 2634 aCmi • e nnl M1 04Ya n dtli •anoulaI.LI Cam a • A6Bhaae d a the EACH 310 (6R44 ) & 460,00 It 26,660,00 ( ) 12 2611 Furrdsh snd 10110 And4fd.Vic Clesnoul by Ex4yovon EACII 6 (I,00) 6 %200,00 ; (1"400.00) 13 2w Ohinvc6onRemavalbyEzcAMOR,MSk&ovAOtplhs EACH 12 (10100) ; 600100 s (81000.40) 16 2021 Chain LIAIndWoodonranc.s,mod Oalea L.F 1600 (176A0) ; 6.04 ; (1,060,04) 16 4020 PONsveoft61.61aworto0.626,00 L.P. 13601 (IrA0,00) 4 32.00 ; (49,660,00) 17 4020 Plea Burs** I&' Bowerto 1016' OD LF. 3200 (elOLo4) ; 36.00 j (34,616100) ALLOW UAtoletoonWolkII(*#a 14dbyOwngr ALLOW 1 Moo) $ 60,600.00 ; (60,000,00) 6UOTOTAL ; (2TO,T14.40) TOTAL A M OU NT OF Till e C AM0G O De R (21`0,714.40) I CAW PAR 0AYO Mal, eaAD010 To THIN MlA11ala0Aaart ORIO)HALWHTMCTMIOUNT1 6 _ 1,0074 HfiTFROh1PREVIOUS CHMaEORSERS; _6 ____...__. _.3 TOTALMIOUNTOFTHIS GRAN0DORDER: ; 1270.7 PERCENT OF THIS CUM0E ORDER: 2 TOTAL VEMPHT CHANCE OROER TD DAT6t 2 NEWCOMMOfAMOUHTt a 063.6 Cn»TrunrxlT6s _ - PR[01HALCONTMCTTlh18: a d ADDITIONAL CONTMOTTIMSPER PREVIOUS CIMOGOROERS: 2 Mntrdsw ADDITIONAL COMPACT TIME PER THfS C11ANOE ORDER: _. - __ .TTr7._. nakndardovs. RGMEOCONTRAOTTAIR 634 Catandudses O Con4adM FaanWAadets and ape as thtl the 1941 Uatnla 1n c4ohet PAea aryl owlbicltWa 1VpA416d 14 V> s Change Ordel ropraants Art WMponsfiUM Ear a6 Metes aes anddsaaotsehfAowtt of sndlho Uma ropvtrsd to po4oan the anheworkohdorthe c4im ieft deo*orhdncty hem Wa C6ings Ontaraed s2prsrkus Ohtaoo wire, AeapGau of lhb trstrarwalWi s oA agrotmanlbalrforn Unnar ■nd ConlracAo thal ihs Cherpe oldorropre wAi sn alixlusMa,mutuay aysed vpon ei*ilmsnl to lbo Ca draet, and Oil Conusetar VAYrotva 64 r4bU to fit a dean on Vas Chenet OntaraAsrh is preperyaxw,H4,' N AC06PI80DY, PREPARUDDYI !L F[J -,L-1— f —H/6 J/ L I Ttfe, . P D T JO RPIPP tl6a T VAT6 WATLflU11LlT 011MUMIAM REYITiiYEODYI REv is r 1 D T PATE erTY[rlalHeah DleaaT4R of Pala aYleNOI6Ta'CHROL00Y a1RVIC6a APPROYRp IM ATT@6TSD RYt PATa chrillsoons 0 e _1llI,0AQ1)IFAA0 kFIRPN OM I.W IAGIR MUM CITY OF HVAUMONT Mot proleotl dgile 112021 0Gydj*w#&t PIp OVISllogcolmmol.phao0l Countyl JI111son Dl+hlalt DommarN Oonliootllumborl etaN0,W0101043 ownort OltyolIlMumont OonlrooloR Y0XalPita* U111h1oe,M O.D. Nod 2 LF LLD na D I Uti n pf hdronbadondlhoeokyuwhiNnol+pdrod'DacuuPu4towar 11thodeplheMP andCloehplolfn'liytoIt#90ra��roeop000ibtbyeleha�Inp%,AltlnYn1olnpu11n0v10L4Jupo dnUlllgr4 usmll0hns+ddt9 lapelr 0� {R71a'A'Vr myn Pnu., Itammo, Itom03d0 ae$aR1PTIDN Vnit ADD Ortpinet 1 Ohnnpald unlipiloo u TOlal 10 i4'puntaapak0rarlDVp VAOH 0 2 S $450,00 S 4,600.00 20 8Dve1urdlinPRCeTronoh0o>PphdW10A MOH 0 R b taA06AD 5 41,6UD 0 a 0 CVRTOTAL p C D 0131301 5 32,100.00 11 42,140.09 - 13 OMIMAW IMIL6 nD 4 0l C 0 0 In ORIOfNAL CONYRAOT AMOVNTI NOT PROM PRRV?0VSCIIAHOfi 0n0NR8• TOTAL AMOUNT OP TRIG CPIAIIOM ORDER: PERCENT Of THIS CNAN08 ORDER. TOr,ft M( WENT CHAN001108R TO DATM NaW CONTRAOTAMOIpVT: 91 T 1 M>? ADDIT ONAL COHIRAOr 711M PER PREVIOV8 OWWOS 04DER51 AdOfrONAL COMMAOT INS PbR THIR CHANO9 ORDER, R5VI9E000NTRACT TIME +A44ai[+ae liv.v�.wnv,,o,vn,vn,...v.•..,•r............ ...... .......---.. . _ +A,1uV CC IRLrae wRtll i weN. PMIOlr¢ai+en+n lhlkdhikng.b d��h rkl l6prap Aynr,Kdui�;dl AcOePTeO DYi F"llr raver trw :�Jm REVIRWOO DYr If CRyeffOtOe[R nPPROVk0DY1 RYLRRAY116 0 TQ CllYidA1G40eR 4 s ar,ID9.aa 9 B6 er 4Y taS+ndar QCYi_ OTT[-0in ere t Nichol+Ord+rr+protlfil,"C m?eanVaAlotCMingraalk up oiur.40orn Oi1+Chm ON+r aAd +r previavo calApi Ordrr+. r+preeiMg en e91hr1a1Ha, mulviAy +piasd upon adfJelMiAt to lha CantrarL PAW MODYk /} 3r r i ,T Dre lvx7eR l311klrlE[ IIDfIMhlLA6SR nTrE T ODY, iglApR3 aeiuto CrYMAX 11 WOR116 A Inc CITY 01` [111AUMONT Prior NovaraUor74, 010 Prolooll DovAoAWostAlponvrilln0conlml covalyl Joll+fron Dtoldlis noturnDAI coattaII IfvmhIII UIO Ito. tVU 1010,0) Ownaff City otlroovrnant 0oatnoton Tot)sprldOUlglllos,LlO 0.0.Ilpo 4 poAlr+1 mpomar,,osot onn sslYofppolo oprpo urole vros aulcdhralorop alenlyleaprlmnln9poo. IItpfopoladtWIIho alalVvlOonmo4hodforl saraa 6cvra-L- p;sroplpo (CMPP) In y)vot p1p0 hunikp, tionlNo, llomcoda :DHBOp€pT10N Umt =tail' Chu,p! In UnIInklFAo� + Tolrk ADD io vOIPF L.F. D a49 8 9T,00 5 10,4ps,p0 pPLeln to 4010 ppoDurs9a96ti9 Sanato0.020-00 LI'. 14900 .0E9 8 51.00 i (10,28&00) TOTAL MAPUNT OF )Jilla O tlI r a t o e e n nl n ORIGINAL CONVAOTAMOUNTI NET FROM VnIlmOu80lMoll ORUMBI TOTAL AMOUNT OF 7I118 CHANGE ORDER: P900 TOFTMOCHMMORDER, TOTAL Pr AOENT OIW409 ORDIIR TO DATE: NEW CONTRAOT AMOUNTI .OD1lrRADT TIMp AR{OINAL CON11tA0r Tt816: AeaePreD tlY1 C4 ;llzabeth Camacho 11/24/2020 R6NIu1YIMo pYt CrTYLnalf[3ep APPROVED UYI me e CRYIIAIIA An 965 010(dor day) Pnepnnrpn „ate...• i � f �%-0 . 9TeDnri A I f1 ) ,- ib MYeLIeN rlG VATM FINAL PAYMENT, GENERAL RELEASE, & INDEMNITY AGREEMENT STATE OF TEXAS KNOWN ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § That Texas Pride Utilities LCLC a limited liability company, with an office at 725 Carby Dr., Houston, TX 77037, in consideration of the payment of $42,926.80 representing the final payment under the contract dated March 24, 2020 between the undersigned and City of Beaumont covering the Dowlen West Pine Bursting Contract -- Phase I Bid No. WU1020-03, does hereby certify and warrant that it has been fully paid on account of said contract and does further certify and warrant that it has fully paid and satisfied all claims for work, labor, materials, and supplies, equipment and all other items used or furnished by the undersigned or its subcontractor(s) or suppliers in the performance of said contract. The undersigned, in consideration of the final payment being made by City of Beaumont pursuant to such contract, does hereby release and forever discharge Texas Pride Utilities, LLC from any right of lien it may have against the real property known as the Dowlen West Pipe Bursting Contract — Phase I Bid No. WU1020-03 under said contract and the undersigned hereby agrees to defend, indemnify, and hold harmless City of Beaumont from and against all claims, demands and liabilities arising out of labor performed or material and equipment supplied by the undersigned or by its subcontractors or suppliers in connection with the performance of said contract, IN WITNESS WHEREOF, the undersigned has caused this Release and Indemnity to be executed by its duly authorized officer this _day of ch1 �� , 2072,. AT] Cou , Texas r Before me, 0a: Notary personally appeare 5 Z--- and and execute the above Release and Indemnity. 4,; 1�7esl Title Public in and for said county, acknowledged that he/she did sign V AUq` CYNTHIA MONTEMAYOR e Notary ID #130547292 : r My Commission Expires re01 February 19, 7024 III lip; r14 N W N N VI VIh Vl Vl VI Lq 0�000 ud 6f � ir7 Fd sAE ii iip^li ��- Qq mW Qgq op Qq $ pgpgq¢; 4 Hm m q0 H V rt NIV 0 IL3,yg� q p to 9 6 Q Hfj[f11'i�FOi� !o !� gill Atq °RNPP N N N N ir} A O a IN i RF�1.00 RESOLUTION NO. WHEREAS, on February 25, 2020, the City Council of the City of Beaumont, Texas passed Resolution No. 20-042 awarding a contract in the amount of $1,097,150.00 to Texas Pride Utilities, LLC, of Houston Texas, for the Dowlen West Pipe Bursting Contract - Phase I Project; and, WHEREAS, on December 11, 2020, the City Manager executed Change Order No. 1, in the amount of $0.00, for the purpose of Cured -In -Place Piping (CIPP), in lieu of pipe bursting, for a section of sewer pipe found to be located in close proximity to a swimming pool, thereby having to effect on the total contract amount of $1,097,150.00; and, WHEREAS, on June 15, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-145 authorizing the City Manager to execute Change Order No. 2, in the amount of $32,100.00, for the addition of two (2) 10" point repairs over ten (10) vertical feet and two (2) structural -in -place trench box fabrications due to unforeseen obstructions found during the course of construction obstructing more than half of the 10" sewer main line, thereby increasing the total contract amount to $1,129,250.00; and, WHEREAS, Change Order No. 3, in the amount of ($270,714.00), and the addition of 157 calendar days is necessary to adjust the estimated quantities and contract time to reflect the actual quantities and contract time used in the completion of the project, thereby decreasing the total contract amount to $858,536.00; and, WHEREAS, the project has been inspected by the Water Utilities Department and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the Interim City Manager be and he is hereby authorized to execute Change Order No. 3, in the amount of ($270,714.00) and the addition of 157 calendar days to adjust the estimated quantities and contract time to reflect the actual quantities and contract time used in the completion of the project, thereby decreasing the total contract amount to $858,536,00 for the Dowlen West Pipe Bursting Contract -Phase I Project; and, BE IT FURTHER RESOLVED THAT the Dowlen West Pipe Bursting Contract - Phase I Project be and the same is hereby accepted; and; BE IT ALSO RESOLVED THAT the Interim City Manager is authorized to make final payment in the amount of $42,926,80 to Texas Pride Utilities, LLC, of Houston, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of August, 2022. - Mayor Robin Mouton - ON August 2, 2022 Consider approving a contract with WJE Associates, Inc., of Austin, Texas for Professional Engineering Services -- Bridge Repairs at Various Locations City Wide r?. ......... .. TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: August 2, 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 reconnnended 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. LU It § / q 3 / \ g JI \ k ƒ \ E e $ 2 & / J 2 2 / o � � / & 2 f # \ ( ) Q b G 2 4LL ) ( & ƒ { - u m co & f a g \ j 3 a g M q \ k ¥ ¥ d di ) ) � \ E | p m Ln Ln Ln G � § 2 \ = f \ £ k ) « CL 3 3 z CL / / ) RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL Ala InI0y11cc*]a ]W."Wi►IQk!111I THAT the Interim City Manager be and he is hereby authorized to execute a Professional Engineering Services Agreement with WJE Associates, 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 2nd day of August, 2022. Mayor Robin Mouton - -k August 2, 2022 Consider authorizing the settlement of the lawsuit styled Ronald K, Davis v. John D. Brown, et al; Civil Action No. 1:22-cv- 00024 FROM: Chris Boone, City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: August 2, 2022 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Ronald K. Davis v. John D. Brown, et al; Civil Action No. 1;22-cv-00024. BACKGROUND The lawsuit styled Ronald K. Davis v. John D. Brown, et al; Civil Action No. 1:22-cv-00024, was presented and discussed in Executive Session held on July 19, 2022. The City Attorney is requesting authority to settle this suit in the amount of $22,500. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuit styled Ronald K. Davis v. John D. Brown, et al; Civil Action No. 1:22-cv-00024, was discussed in Executive Session properly called and held Tuesday, July 19, 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 Ronald K. Davis in the lawsuit styled Ronald K. Davis v. John D. Brown, et al; Civil Action No. 1:22-cv-00024, for the sum of Twenty -Two Thousand Five Hundred and XX1100 Dollars ($22,500.00); 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 2nd day of August, 2022. - Mayor Robin Mouton - PUBLIC HEARING Receive comments related to draft plans for the reapportionment of single -member council wards 0 August 2, 2022 Consider an ordinance amending the boundaries of the wards of the City of Beaumont for election purposes TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Shame N. Reed, City Attorney MEETING DATE: August 2, 2022 REQUESTED ACTION: Council consider an ordinance amending the boundaries of the wards of the City of Beaumont for election purposes. BACKGROUND As a result of the 2020 decennial census, it has been determined that a decrease in population in the City of Beaumont has caused the existing ward boundaries of the City of Beaumont to be substantially unequal in population. Article 1, Section 6 of the Charter of the City of Beaumont gives to the City Council the responsibility of changing ward boundaries fiom time -to -tinge as the Council may deem expedient so that each ward shall contain, as nearly as possible, the same number of electors. The proposed ordinance adjusts the ward boundaries so as to comply with the Charter of City of Beaumont. The next City election is May 6, 2023. FUNDING SOURCE None. RECOMMENDATION Approval of resolution. ORDINANCE NO. AN ORDINANCE ADOPTING A NEW REAPPORTIONMENT PLAN THEREBY REVISING CITY COUNCIL MEMBER WARD BOUNDARIES IN RESPONSE TO THE 2020 CENSUS; PROVIDING FOR FINDINGS OF FACT; PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR INJUNCTIONS. WHEREAS, the 2020 decennial census disclosed that existing council member wards in the City of Beaumont, Texas, are substantially unequal in population; and WHEREAS, the City Council of the City of Beaumont has undertaken to redraw the four council member wards for the convenience of the people and to equalize population and assure compliance with the applicable requirements of state and federal law; and, WHEREAS, on June 28, 2022 and July 26, 2022, the City Council reviewed two proposed maps, Draft Map A and Draft Map B, respectively; and, WHEREAS, through a series of public meetings of the City Council, the City Council has received and considered oral testimony and written evidence regarding the need for new council member wards and an appropriate configuration of these wards; . and, WHEREAS, the City Council finds the attached map of the new council member wards reflects the division of the City of Beaumont into four wards that satisfy all legal requirements including the United States and Texas Constitution and Statutes and the Federal Voting Rights Act and the City Charter; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. Findings of Fact. That all of the above premises are hereby found to be true and correct legislative and factual findings of the City of Beaumont City Council and are hereby approved and incorporated into the body of this ordinance as if copied in their entirety. Section 2. Adoption of Plan. That the boundaries of the four single -member council wards are hereby modified, amended, and redrawn for the purposes of apportioning the population of the City between the council member wards and, as modified, amended, and redrawn the boundaries of the four council member wards shall be in accordance with Draft Map , a map of which is attached hereto as Section 3. Election Precincts. That the City Attorney is hereby instructed to send a copy of this ordinance and the new council member ward maps and legal descriptions to the proper officials of Jefferson County so the County can make the necessary changes in the County's election precincts, as required by the Texas Election Code, and effective for the November 2022 City Council Election. Section 4. Effective Date. This Ordinance shall take effect after its passage on second reading and approval by the Mayor. This ordinance is to be in effect for application to the November 2022 General Election for the City Council. Section 5. Proper Notice and Meeting. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code. Section 6. Cumulative Ordinance. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Beaumont, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. Section 7. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance. Section 8. Governmental Immunity. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety, and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Beaumont in the discharge of his/her duties, shall not thereby render himself/herself personally liable; and he/she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his/her said duties. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of August, 2022. - Mayor Robin Mouton - ATTEST: Tina Broussard, City Clerk APPROVED AS TO FORM: Sharae Reed, City Attorney Introduction and First Reading: Second Reading and Adoption: r Ar MAP A -T oy ).�.T z ' x O � 3 w � a +"�. � i-, „1 ..��• , l -, 1 — � �: -5 : l 3j t i -.i-�. t j)ii �7 �Sr FF all 43 lit L I C I I I V J 1V. )i t 4'if g ! 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