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HomeMy WebLinkAbout08/16/2022 PACKETTEXAS MELTING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, AUGUST 16, 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 Item. No. 1 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 August 9, 2022 City Council Meeting Minutes B. Confirmation of board and commission member appointments Mary Williams would fill the unexpired term of Geary Senigaur on the Police Department Community Advisory Committee. The term would commence August 16, 2022 and expire September 30, 2023. (Councilmember Albert "A.J." Turner) C. Approve a contract with DXI Industries, Inc., of Houston, for the purchase of sodium hydroxide for use by the Water Utilities Department D. Approve a contract with Marsh Waterproofing Inc., of Vidor, for the masonry repointing and repair of the City Hall building E. Accept inaintenance of the street, storm sewer, water, and sanitary sewer improvements in Windemere Subdivison Section 4 F. Authorize the acceptance of a five foot wide Utility Easement located at 855 Caldwell G. Approve the purchase of Axon TASER units and accessories for use by the Police Department H. Authorize the acceptance of a twenty two foot wide Access and Utility Easement and a ten foot wide Utility Easement located at 8630 Eastex Freeway Review and discuss the proposed FY 2023 Budget REGULAR AGENDA COMMENTS Consider establishing and taking a record vote on the "proposed" 2022 tax rate and schedule a public hearing Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters 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. C_1 ■ TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: August 16, 2022 REQUESTED ACTION: Council consider approval of the August 9, 2022 City Council Meeting Minutes. T E X A S MINUTES OF THE CITE( 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, Ward III AUGUST 9, 2022 Chris Durio, Mayor Pro Tern 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 August 9, 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 Cali * Proclamations, Presentation and Recognition * Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-5 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Dwight Benoit, with Magnolia Missionary Baptist Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tern Durio, Councilmembers Getz, Turner, Feldschau, Samuel and Neild. Also, present were Chris Boone, Interim City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Presentation" — Mr. Keith Folsom, Facility Maintenance Director, with the City of Beaumont, Ron Fletcher, Customer Service Manager and Mr. Mark Delavan, the Energy Efficiency Coordinator both with Entergy Texas, presented a check to the City of Beaumont in the amount of $14,424.00 Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-5 Rhonda Ruben 470 North 15th St. #5 Beaumont TX Spoke regarding Item #1 on the agenda; Consider a resolution appointing Kenneth Williams to the position of City Manager effective September 6, 2022 Terry Roy 9150 Sheperd Beaumont TX Spoke regarding Item #1 on the agenda; Consider a resolution appointing Kenneth Williams to the position of City Manager effective September 6, 2022 Minutes —August 9, 2022 Christopher Matthews 3875 N. Major Dr. Beaumont TX Spoke regarding Item #1 on the agenda; Consider a resolution appointing Kenneth Williams to the position of City Manager effective September 6, 2022 Tony Renfro 6110 Bankston Ln. Beaumont TX Spoke regarding Item #1 on the agenda; Consider a resolution appointing Kenneth Williams to the position of City Manager effective September 6, 2022 Jerome Alexander 1118 Evalon St. Beaumont TX Spoke regarding Item #1 on the agenda; Consider a resolution appointing Kenneth Williams to the position of City Manager effective September 6, 2022 Sam Parigi 445 N. 14t" St. Beaumont TX Spoke regarding Item #1 on the agenda; Consider a resolution appointing Kenneth Williams to the position of City Manager effective September 6, 2022 Christopher .cones 1045 Doucette Beaumont TX Spoke regarding Item #1 on the agenda; Consider a resolution appointing Kenneth Williams to the position of City Manager effective September 6, 2022 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 August 2, 2022, City Council Meeting Minutes B. Authorize the settlement of the claim of Robert Counts - Resolution 22-188 C. Approve a six-month contract for the purchase of phosphate for use by the Water Utilities Department - Resolution 22-189 Councilmember Neild moved to approve the Consent Agenda. Mayor Pro Tem Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, EELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED AGENDA 1. Consider a resolution appointing Kenneth Williams to the position of City Manager effective Minutes -August 9, 2022 September 6, 2022, Article V of the City Charter defines the requirements of the City Council regarding the appointment of the City Manager and spells out the duties of the position. Mr. Williams has over thirty-four years of municipal government experience. Mr. Williams is the former City Manager for the City of Buda and has also served as the City Manager for the City of Diboll and the Assistant City Manager for the City of Lufkin. This item was placed on the agenda by Mayor Robin Mouton. Funds are available in the General Fund to pay the salary and benefits for this position. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT KENNETH WILLIAMS IS APPOINTED CITY MANAGER EFFECTIVE SEPTEMBER 6, 2022, WITH BENEFITS. Mayor Pro Tern Durio seconded the motion. After further discussion Councilmember Samuel amended his original motion. Councilmember Samuel amended his motion to APPROVE THE RESOLUTION AS AMENDED THAT KENNETH WILLIAMS IS APPOINTED CITY MANAGER EFFECTIVE SEPTEMBER 6, 2022, WITH BENEFITS. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS TURNER AND SAMUEL NAYS: COUNCILMEMBERS GETZ, FELDSCHAU AND NEILD MOTION PASSED Resolution 22-190 Councilmember Samuel left the meeting at 3:40 p.m. 2. Consider a request to extend the deadline to commence construction for a school expansion located at 7720 Park North Drive. Hughen/Bob Hope School is requesting an extension for the amended Specific Use Permit issued in July of 2018 to allow the expansion of a school on the south side of Park North Drive. The City of Beaumont Zoning Ordinance states "Unless construction. . . (is) commenced and substantially underway within a two-year period, the specific use permit shall become null and void. Extensions of time for good case may be approved by the city council." In July of 2018, City Council approved ordinance number 18-042 to allow an amended Specific Use Permit for the expansion of a school in a RM-H (Residential Multiple Family Dwelling -Highest Density) District with the following conditions: Meet all Drainage District #6 drainage requirements. Minutes —August 9, 2022 2. Sidewalk must be provided along Park North Drive. 3. Landscaping must be provided to meet ordinance requirements for parking areas and buffers. 4. Dumpster must be screened completely from street with fencing and landscaping and located a minimum of 25' from adjacent properties. 5. Ensure all portable buildings will be accessible via ADA guidelines from the parking lot drop off area. 6. Modular buildings must meet all City of Beaumont building code requirements. The applicant is requesting additional time due to funding and Covid-19 pandemic delays. The Administration recommends a new deadline of August 9, 2023, with the following conditions: I. Meet all Drainage District #6 drainage requirements. 2. Sidewalk must be provided along Park North Drive. 3. Landscaping must be provided to meet ordinance requirements for parking areas and buffers. 4. Dumpster must be screened completely from street with fencing and landscaping and located a minimum of 25' from adjacent properties. 5. Ensure all portable buildings will be accessible via ADA guidelines from the parking lot drop off area. 6. Modular buildings must meet all City of Beaumont building code requirements. Councilmember Feldschau moved to ADOPTAN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION OF A SCHOOL EXPANSION IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT LOCATED AT 7720 PARK NORTH DRIVE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND NEILD NAYS: DONE MOTION PASSED Ordinance 22-043 Councilmember Samuel returned to the meeting at 3:41 p.m. 3. Consider a resolution receiving the proposed FY 2023 Budget and scheduling a public hearing. Minutes —August 9, 2022 Article Vl, Section 2 of the City Charter requires that the proposed budget be submitted to the Council at least 45 days prior to the beginning of the new fiscal year. In addition, Section 4 requires Council to schedule a public hearing on the proposed budget. The Administration recommends that a public hearing be held on August 23, 2022, at 1:30 p.m. in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the public hearing. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE PROPOSED FY 2023 BUDGET HAS BEEN RECEIVED AND A PUBLIC HEARING IS HEREBY SCHEDULED FOR AUGUST 23, 2022, AT 1:30 P.M. IN THE CITY COUNCIL CHAMBERS, CITY HALL, 801 MAIN STREET, BEAUMONT, TEXAS AND THAT THE CITY CLERK IS TO PUBLISH NOTICE OF SAID HEARING PURSUANT TO THE CHARTER OF THE CITY OF BEAUMONT. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-191 4. Consider a resolution receiving the proposed 2023 Capital Program and scheduling a public hearing. The proposed 2023 Capital Program was originally submitted to Council on May 10, 2022. Article VI, Section 20 of the City Charter requires Council to schedule a public hearing on the proposed Capital Program. The Administration recommends that a public hearing be held on August 23, 2022, at 1:30 p.m. in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the public hearing. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE PROPOSED FY 2023 CAPITAL PROGRAM HAS BEEN RECEIVED AND A PUBLIC HEARING IS HEREBY SCHEDULE FOR AUGUST 23, 2022, AT 1:30 P.M., IN THE CITY COUNCIL CHAMBERS, CITY HALL, 801 MAIN STREET, BEAUMONT, TEXAS AND THAT THE CITY CLERK IS TO PUBLISH NOTICE OF SAID PUBLIC HEARING PURSUANT TO THE CHARTER OF THE CITY OF BEAUMONT. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes — August 9, 2022 Resolution 22-192 5. Consider an ordinance amending the boundaries of the wards of the City of Beaumont for election purposes. 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 from time -to -time 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 to comply with the Charter of City of Beaumont. The next City election is May 6, 2023. Approval of ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ADOPTING A NEW REAPPORTIONMENT PLAN THEREBY REVISING CITY COUNCILMEMBER 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. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND NEILD NAYS: COUNCILMEMBER SAMUEL MOTION PASSED Ordinance 22-042 PUBLIC HEARING Receive comments related to amending the Tax Abatement Agreement with Suez Water Technologies & Solutions, Inc. Public Hearing Open: 3:47 p.m. None Public Hearing Closed: 3:47 p.m. 6. Consider authorizing the Interim City Manager to amend the Tax Abatement Agreement with Suez Water Technologies & Solutions, Inc, The city was recently approached by Suez Water Technologies & Solutions, Inc. requesting an amendment to the existing Tax Abatement Agreement originally entered into on December 22, 2020, with authorization by Council. This request is due to supply chain issues which have prevented completion of the project, necessitating a delay in the start date for Minutes —August 9, 2022 said abatement. The request is to adjust the start date of the tax abatement to begin January 1, 2023, and terminate December 31, 2027, whereas the original agreement was to begin January 1, 2022, and end December 31, 2026. In order to move forward with investments of $40 million in upgrades to their existing plant located on College Street, just west of the Municipal Airport, they must secure these tax abatements. In October 2020, the City created the Suez WTS USA, Inc. -Project Clear Reinvestment Zone, allowing for tax abatements in accordance with Chapter 312 of the Texas Tax Code. Attached is the amended Tax Abatement Agreement from Suez Water Technologies & Solutions, Inc., outlining their proposal. The project would result in approximately seventy- five (75) construction jobs and the retention of sixty (60) existing full-time jobs. The proposed abatement agreement would result in an abatement of City taxes on the new improvements in the amount of 100% during project completion, 100% for the first year, 90% for the second year, 80% for the third year and 70% for the final year. The proposed abatement meets the criteria and conditions set forth in the City's Reinvestment Zone Tax Abatement Policy, adopted in September 2020. All area taxing entities have been notified of the proposed agreement. Council to conduct the Public Hearing and approve the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AMENDMENT TO THE TAX ABATEMENT AGREEMENT BETWEEN THE CITY OF BEAUMONT, TEXAS AND SUEZ WTS USA, INC. TO ADJUST THE STARTING DATE OF THE TAX ABATEMENTS TO BEGIN JANUARY 1, 2023 AND CONTINUE TO DECEMBER 31, 2027 INSTEAD OF JANUARY 1, 2022 TO DECEMBER 31, 2026 DUE TO SUPPLY CHAIN ISSUES WHICH HAVE PREVENTED COMPLETION OF THE PROJECT, NECESSITATING A DELAY IN THE START DATE FOR SAID ABATEMENT. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-193 COMMENTS Public Comments (Persons are limited to three minutes) Steve Hoffman 7045 Blarney St. Beaumont TX Spoke to Council regarding the Battleship Texas, stated that this will be one of the best things that will come to Beaumont, TX, commented on a conversation he had with an old friend Mr. Jim Stokes who's from Beaumont, TX and was the President of the Beaumont Chamber of Commerce, the city has some serious decisions to make regarding the Battleship Texas or Baytown, TX will get the ship and Beaumont won't get it back Minutes -- August 9, 2022 Derrick Shepeard & Montez Powell 2445 Goliad St. Beaumont TX Spoke to Council regarding their organization called Highways and Hedges which is a national outreach organization, stated that they are in the City of Beaumont because the organization wants to hold a massive event called "March for Hope", the organization has been in multiple cities, they are in partnership with Houston, TX, their Chief of Police Troy Finner and Mayor Sylvester Turner, they have transformed lives through gospel concerts and marches, stated that they are requesting to do a march with about 300 to 400 people on Crow Road, asked if they could get some assistants to aide the organization with escorts to march from Crow Road to the concert setting, they are here to help Beaumont with the crime in the area, the march will take place on August 27, 2022, starting at 3780 Crow Rd Christopher Jones 1045 Doucette Ave. Beaumont TX Thanked Council for their decision on today to hire a new City Manager, looks forward to working with this individual, stated that he's never seen a process so grueling, not even with the former City Manager, appreciates three of his elected for pushing the envelope forward and making sore that the city secures a prideful future no matter who takes us there * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER TURNER - NONE COUNCILMEMBER GETZ - COMMENTED ON THE NEW ELVIS MOVIE THAT'S OUT, STATED IF ANYONE HASN'T SEEN IT, THEY SHOULD GO SEE IT, IT'S A REALLY GOOD MOVIE MAYOR PRO TEM DURIO - THANKED KEITH FOLSOM, FACILITY MAINTENANCE DIRECTOR AND HIS STAFF ALONG WITH ENTERGY FOR PRESENTING THE CITY WITH THE CHECK AND SAVING THE CITY MONEY, HAD THE PLEASURE ON SATURDAY TO ATTEND THE 80V BIRTHDAY PARTY FOR MR. SAM PETERSON AND READING A PROCLAMATION AS THE MAYOR WAS UNABLE TO ATTEND, STATED THAT LAST WEEK HE RECEIVED A CALL FROM PASTOR KENNEDY ANDREWS WITH HARVEST OF LOST SOULS CHURCH, VOLUNTEERS WERE IN BEAUMONT FROM BEACON CHURCH LOOKING FOR WORK TO DO, HE MADE SOME PHONE CALLS AND WAS ABLE TO GET THEM OUT TO THE BOTANICAL GARDENS AT TYRRELL PARK, THEY WERE ABLE TO GO OUT AND PULL WEEDS, HE HAD THE PLEASURE OF WORKING WITH THE VOLUNTEERS, THANKED THEM FOR COMING TO BEAUMONT, STATED THAT THE PROCESS OF HIRING A CITY Minutes —August 9, 2022 MANAGER WAS A DIFFICULT PROCESS BUT HE IS STILL GOOD WITH EVERYONE ON COUNCIL, THEY CAN AGREE TO DISAGREE, TOLD COUNCIL HE LOVES THEM ALL AND THERE'S NOTHING THEY CAN DO ABOUT IT CITY ATTORNEY REED - NONE, INTERIM CITY MANAGER BOONE - NONE BART BARKOWIAK, PW - NONE TODD SIMONEAUX, CFO - ASKED THAT COUNCIL TAKE THE TIME TO CALL HIM AND HE WOULD BE HAPPY TO MEET WITH ANY OF THEM ABOUT THE BUDGET PROCESS, STATED THAT THE STATE OF TEXAS HAS CHANGED THE PROPERTY TAX RATE TWICE IN THE LAST THREE YEARS, IT'S RATHER COMPLICATED, THE MORE HE CAN EXPLAIN BEFORE THE WORKSHOP THE MORE THEY WILL UNDERSTAND ABOUT THE, RATE SETTING PROCESS, THIS WILL LEAD TO A MORE PRODUCTIVE WORKSHOP MAYOR MOUTON - STATED THAT SHE WAS IN PHOENIX, AZ ATTENDING A HUMAN RIGHTS COMMUNICATION WORKERS OF AMERICA CONFERENCE, SHE WAS THE GUEST SPEAKER AND WAS UNABLE TO ATTEND THE CANDLELIGHT VIGIL FOR FALLEN POLICE OFFICER SHEENA YARBROUGH-POWELL, STATED TO THE YARBROUGH-POWELL FAMILY THAT THEY WILL ALWAYS BE IN HER PRAYERS, THANKED SHARAE REED, CITY ATTORNEY AND HER STAFF FOR ALL OF THEIR HARD WORK, RECOGNIZED CAL JONES, COUNCILMEMBER WITH THE CITY OF PORT ARTHUR FOR ATTENDING THE MEETING, AS WELL AS PRESIDENT EMERITUS VERNON DURDEN FROM THE 100 BLACK MEN, THANKED KEITH FOLSOM, FACILITY MAINTENANCE ❑IRE,CTOR AND HIS STAFF ALONG WITH ENTERGY FOR PRESENTING THE CITY WITH THE CHECK, THANKED MAYOR PRO TEM DURIO FOR ATTENDING MR. PETERSON'S 90TH BIRTHDAY PARTY AND READING THE PROCLAMATION FOR HER, THANKED EVERYONE FOR COMING OUT, THEY GOT TO SEE THE COUNCIL WORK TO THE FULLEST TODAY AND SAW THE PROCESS GO FORWARD, THEY WERE A PART OF ANOTHER HISTORY MAKING MOMENT IN BEAUMONT, MR. WILLIAMS WILL BE THE FIRST AFRICAN AMERICAN CITY MANAGER IN THE HISTORY OF BEAUMONT, GO OUT AND SPREAD THE LOVE With there being no Executive Session, Council adjourned at 4:09 p.m. Robin Mouton, Mayor Minutes —August 9, 2022 Tina Broussard, City Clark Minutes — August 9, 2022 August 16, 2022 Confirmation of board and commission member appointments RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Mary Williams is appointed to the Police Department Community Advisory Committee to fill the unexpired term of Geary Senigaur. The term will commence August 16, 2022 and expire September 30, 2023. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of August, 2022. - Mayor Robin Mouton - C TEXAS TO: City Council FROM: Clods Boone, Interim City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 16, 2022 REQUESTED ACTION: Council consider a resolution approving a contract with DXI Industries, Inc,, of Houston, for the purchase of sodium hydroxide for use by the Water Utilities Department. BACKGROUND Sodium hydroxide is used to purify the City's water supply. In six months, The Water Utilities Department expects to purchase approximately four hundred fifty (450) dry tons of 50% solution for use at the Pine Street Surface Water Treatment Plant and has now added one hundred forty-four (144) dry tons of 25% solution for use at the Loeb Well location Formal bids were requested from thirteen vendors; one responded. DXI Industries, Inc. of Houston responded with a qualified bid of $1,057.20 per dry ton for the fifty (50%) solution and $1,328.45 for the twenty five percent (25%) solution for a total estimated amount of $667,036.80, Specifications allow for a six month contract with the option of two renewals of six month terms at the same pricing as the awarded contract, DXI Industries, Inc., currently holds this contract. There are no local vendors of this conuuodity. Staff recommends award. Bid tabulation is attached. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution 8/10/22, 9:20 AM Good evening, Terri, Mail - Terry Welch - Outlook As reported by IH5 Markit which is the Chlor Alkali market reporting index, the average contract pricing per of Caustic Soda has increased $ 180.00 / DST since we last bid in May 2021. Indeed, the Markit Index is a logging, Indicator of the price adjustments occurring throughout the market. In that same time, we have received pricing notifications from our suppliers of over $300.00 in increased raw material costs. The reasons for the continued price escalations are both global and regional in nature. Locally and most immediately felt are the constrained supply chains due to US Gulf Coast railcar logistics. Rail delays are causing Issues with inventory levels. Producers are slaving difficulty geeing empty cars back for filling. Buyers are having difficulties getting their standard number of switches. The underlying cause of these logistic issues may be the reduced number of rail operations teams and or employees, or perhaps a second factor could be as a possible negotiation tactic by the Brotherhood of Locomotive Engineers and Trainmen for their upcoming contract negotiations, From a global perspective the economy is undoubtedly cooling, and this will influencefuture caustic pricing — which we of course must take into consideration given the nature of our agreement. Remember that chlorine and caustic soda are the two products produced in the Chor-Alkali manufacturing process. With the global economies slowing down and the risk of recession rising, we should note that there historically is a lead lag relationship between falling chlorine and caustic soda demand. In contracting economic times, chlorine demand tends to decline before caustic soda resulting in higher caustic soda prices. I hope that this helps to explain the market that we are in. Please let me know if you need anything further. Joe Johnston Territory Manager DXI Industries, Inc. 713-252-2854 (m) Johnston@dxgroup.com https:lloullook.office.comlmallAnboxlid/AAMkADAzOTM4ZIlyL.TFIMWQtND11 NCIhNDU3L_WQxNDY2YT14MG000AHGAAAAAACmAGJUor7eQg4K3t_... 1/1 RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract, with the option of two (2) renewals of six (6) month terms at the same pricing as the awarded contract, for the purchase of Sodium Hydroxide for use by the Water Utilities Department; and, WHEREAS, DXI Industries, Inc., of Houston, Texas, submitted the lowest qualified bid meeting specifications for an estimated total expenditure of $667,036.80 in the unit amounts as shown in Exhibit 'A" attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted by DXI Industries, Inc., of Houston, Texas, 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 DXI Industries, Inc., of Houston, Texas, for a six (6) month contract, with the option of two (2) renewals of six (6) month terms at the same pricing as the awarded contract, for the purchase of Sodium Hydroxide in the unit prices shown in Exhibit "A," attached hereto, for an estimated total expenditure of $667,036.80 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute a contract with DXI Industries, Inc,, of Houston, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of August, 2022. - Mayor Robin Mouton - 0 ( E ( CL } § CL / � \ ■ I � � k ® 0 0 s g § 2 P m/ �e @$ #e 70 k \0 0 7� 7{ § 0so k z 40 E § § � k 0 _ ; CL M 2 / \ A ° 4 n § ® ~ 0 E , bo 2 / 0 o ( 0 , 2 2 2 0 z ƒ } / \ (D a .. .. / ƒ } CD} / 2 { ( B CD G ƒ � # - \ c ) 7 ) m ¥ / ) \ ~ © § F. ( § � ) \ E � C TEXAS TO: City Council FROM: Chris Bootie, Interim City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 16, 2022 REQUESTED ACTION: Council consider a resolution approving a contract with Marsh Waterproofing Inc., of Vidor, for the masonry repointing and repair of the City Mall building. BACKGROUND The City Hall facility has experienced multiple leaks during heavy rain and storin events. The exterior facade has not been tuck pointed or repaired in the last twenty years. This project will address all cracked and/or loose mortar joints on the north, south, and west facades. The east fagade will have 100% of the mortar joints removed and replace with new mortar. In addition to the tack pointing and sealing, all doors, windows, and expansion joints will be re -caulked and sealed. This work is necessary to prevent water intrusion from causing any interior water damage to the facility. Formal bids were requested from eleven (11) vendors to perform the work and two responses were received. Marsh Waterproofing Inc, of Vidor responded with a low qualified bid of $189,000 and ninety (90) calendar days to complete the work. Staff recommends award of the contract. Bid tabulation is attached. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for a contract to furnish all labor, materials, equipment and supplies necessary to perform masonry repointing and repair of the City Hall building located at 801 Main Street; and, WHEREAS, Marsh Waterproofing, Inc., of Vidor, Texas, submitted a bid in the amount of $189,000.00, as shown on Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by Marsh Waterproofing, Inc., of Vidor, Texas, is the lowest 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 Marsh Waterproofing, Inc., of Vidor, Texas, to furnish all labor, materials, equipment and supplies necessary to perform masonry repointing and repair of the City Hall building located at 801 Main Street in the amount of $189,000,00, 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 a contract with Marsh Waterproofing, Inc., of Vidor, 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 16th day of August, 2022. - Mayor Robin Mouton - 03 \ a & m f/ §� � §\ � 7 k � { \ < g ( � i 0 I / } � / \ (toto ; G \ § ® I } ^ / k M E 2 % ® w m\ E ® ] co § ( / § k z \ m p � z c t \ § § ? , --I -q CD En 0k / ( � () in �f z | § iJ } � k 03 / q # � EXHIBIT "A' 0 TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: August 16, 2022 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in Windemere Subdivision Section 4. BACKGROUND On .Tune 24, 2022, a final inspection from all entities was completed for the following; • Windcastle Drive approximately 747 feet extension east to west, connecting existing Windcastle Drive to existing Windcastle Drive. • Windmeadow Drive approximately 102 feet heading north from Windcastle Drive to (3) OM4-3 end of pavement markers. Reconunended for approval are the street, storm sewer, water, and sanitary sewer improvements for Windemere Subdivision Section 4 right-of-way only. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. uw CCM Pak PROJECT LOCATION N_NS+b0fErkf yor \yyvn\\\vv\\\\�� C wtrQWfAADtl A PsWo 1` 1w1 411f h9W]CA I1.0 { VICINITY MAP N.T,S, RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Windemere Subdivision Section 4 have been completed as follows: and, Streets • Windcastle Drive approximately 747 feet extension east to west, connecting existing Windcastle Drive to existing Windcastle Drive. • Windmeadow Drive approximately 102 feet heading north from Windcastle Drive to (3) OM4-3 end of pavement markers. Street Maintenance, Storm Sewer, Water and Sanitary Improvements • Windemere Subdivision Section 4 right-of-way only; WHEREAS, the developers of said improvements desire to have these improvements accepted and maintained by the City; and, WHEREAS, the Director of the Public Works Department has determined that said improvements meet City standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; 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 above -referenced street, storm sewer, water and sanitary sewer improvements in Windemere Subdivision Section 4 rights -of -way, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights -of -way and easements required on the preliminary and final plats and installation of the streetlights. 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 16th day of August, 2022. - Mayor Robin Mouton - F TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: August 16, 2022 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a five foot (5') wide Utility Easement. BACKGROUND Pauline Johnson has agreed to convey a five foot (5') wide Utility Easement to the City of Beaumont. The easement is described as being a 233.17 square feet tract of land out of and part of Lot 9, Block 16, Not Addition, City of Beaumont, Jefferson County, Texas, The easement is for sewer services located at 855 Caldwell. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Pauline Johnson has agreed to convey one (1) five foot (5) wide utility easement, said easement being a 233.17 square feet tract of land out of and part of Lot 9, Block 16, North Addition, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit 1," attached hereto, to the City of Beaumont to facilitate sewer services located at 855 Caldwell Avenue; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and is in the best interest of the City of Beaumont and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT one five foot (5') wide utility easement, said easement being a 233.17 square feet tract of land out of and part of Lot 9, Block 16, North Addition, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of August, 2022. - Mayor Robin Mouton - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X UTILITY EASEMENT THAT, PAULINE JOHNSON, of the County of Jefferson, State of Texas, hereinafter called "GRANTORS", for and in consideration of the sung. of ONE AND N01100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELF, and CONVEY unto the CITY OF BEAUMONT, P. 0. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Sanitary Sewer Easement and the right to construct, alter, and maintain said sanitary sewer line and appurtenances on the hereinafter described lands which said easement is under, over, in and across that certain tract or parcel of land owned by GRANTORS situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A & B" attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, removing sanitary sewer lines and appurtenances, and the following rights are also hereby conveyed; It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tract of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. EXHIBIT "1" Grantor agrees not to place any structures or appurtenances within the Easement Property. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, EXECUTED this day of , 2022. PAULINE JOHNSON INTENTIONALLY LEI�T I1LAJ,,1 ; ACI,NOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared PAULINE JOHNSON for the purposes and consideration therein expressed and in the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2022. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Handy - Engineering P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A." Legal Description; 233.17 Square Feet Utility Basement Out of and fart of Lot 9, Block 16 North Addition. Volume 4, Page 151, Map Records Beaumont, Jefferson County, Texas BEING a 233,17 square feet utility easement: being out of and part of Lot 9, Block 16 of the North Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 4, Page, 151, Map Records, Jefferson County, Texas and being out of and part of that certain tract of land being called the North C 1 /3 of Lots 7, 8, and 9, Block 16 of North Addition as described in a "General Warranty Deed" from Tavion Boykins to Pauline Johnson as recorded in Clerk's File No. 2018034493, Official Public Records of Real Property, Jefferson County, Texas, said 233.17 square feet utility easement being more particularly described as follows; NOTE'; All bearings are referenced to the Texas State Plane Coordinate Systern South Central Zone N,083 (201.1). All distances and acreages are surface, All set 518" iron rods set with caps stamped "MW.. Whiteley & Associates". COMMENCING at a 5/8" iron rod found for the Southeasterly corner of Lot 10, Block 16 of the said North Addition and the Northeasterly corner of Lot 11, Block 16 of the said North Addition, the same being the Northeasterly corner of that certain tract of land being called the East 52 feet of Lots 11 and Lot 12, Block 16 of the North Addition as described in a "Sheriffs Deed" from G. Mitch Woods, Sheriff of Jefferson County, to Cecile Melbert as recorded in Clerk's File No. 2003050870, Official Public Records of Real Property, Jefferson County, Texas and said corner being in the Westerly right-of-way Iine, of Texas ,Avenue; THENCE NORTH 26"3T43" WEST, along and with the Easterly line of the said Lot 10 and the Westerly right-of-way line of Texas Avenue, for a distance of 50.01 feet to a 518" iron rod set for corner, said corner being the Northeasterly corner of the said Lot 10 and the Southeasterly corner of the said Lot 9, the same being the Southeasterly corner of that certain tract of land being called the E 1/3 of Lots 7, 8, and 9, Block 16 of North Addition as described in a "Sheriff's Deed" from G. Mitch Woods, Sheriff of Jefferson County, to Magnolia Cemetery as recorded in Clerk's File No. 2009047372, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 63025'31" WEST, along and with the Northerly line of the said Lot 10 and. the Southerly line of the said Lot 9, the same Southerly line of the said Magnolia Cemetery tract, for a distance of 46,63 feet to a 5/8" iron rod set for the Southeasterly corner and the POINT OF BEGINNING of the easement herein described, said corner being the Southwesterly corner of the said Magnolia Cemetery tract and the Southeasterly corner of the said Johnson tract; THENCE SOUTH 63 02531" WEST, along and with the Northerly line of the said Lot 10 and the Southerly line of the said Lot 9, the same Southerly line of the said Johnson tract, for a distance of 46.63 feet to a 5/8" iron rod set for corner, said corner being the Southwesterly corner of the said E BIT "A." NAME Fr, FYlit ! tiL�:Y .k �il3vc.tn t Lo, rl+rt... Johnson tract and the Southeasterly corner of that certain tract of land being called the West one- third of Lots 7, 8, and 9, Bloch 16 of North Addition as described in a "Warranty Deed" from Nervert Frelow, also known as Neibeit Frelow, Jr, to Karen Gail Smith as recorded in Clerk's File No. 2005010639, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 26035143" WEST, over and across the said Lot 9 and along and with the boundary between the said Johnson tract and the said Smith tract, for a distance of 5.00 feet to a point for coiner; THE, NORTH 63025'31" EAST, over and across the said Lot 9 and 5 feet parallel to the Southerly line of the said Lot 9, for a distance of 46.63 feet to a point for comer, said corner being in the common line between the said Johnson tract and the said Magnolia Cemetery tract; THENCE SOUTH 2603 5'43" EAST, along and with the boundary between the said Johnson tract and the said Magnolia Cemetery tract, for a distance of 5.00 feet to the POINT OF BEGINNING and containing 233.17 Square Feet, more or less. Surveyed on March 17, 2022. This legal description is being submitted along with a plat based on this survey (see EXHIBIT "B"). sd ti. ................................ vaM.....Ass,RoW� „.., Thomas S. Rowe No. 5728 ,y,.•.........,."" .�. 6728 Texas Surveying Firm No.: 10106700 �Ayp $UR4��� 1V.V022122-021W421 TRACT ni&b.dom EX14 BIT "A" Q; -w Q r 0 rc W. 1/3 OF LOTS 7, 8 do 9 KAREN GAIL SMITH CF NO, 2005010539 OPRJC (CALL 140.00') CALDWELL AVENUE FND N63'22'49"E 139,90' (61,68' ROW) - • — • — •. $— ' — • . N. C 1/3 OF LOTS 7, 8 do 9 PAULINE JOHNSON CF NO. 2018034493 OPRJC ,� 9 VO 5' UTILITY EASEMENT 233.17 Sq. Feet CR L3 L5 PROPOSED L 10' UPUTY EASEMENT — Tc---3 16 O �QG� � 0 FND 1/2" I. ROD Y W 9r' OF LOTS 11 b 12 P L 0"014 '1 NVOLN4 G. +►5 MR� E. 1/3 LOTS 7, 8 & 9 MAGNOLIA CEMETERY CF NO, 2009047372 OPRJG S6 ROGESTER MALLiTT VOL, 2390, PG. 295 ORJC (CALL 140.00') FND S6326'39W 139.90' D' 15' 30, 60' Sede.. 1 "=30' U 7RN N ` C] O pO O 0] dam' q ' M o Ln _ C4 Z to 1� FND 5/8" �0 I. ROD TOM MELBERT et ux E 52' OF LOTS 11 & 12 o ROSIE WILLIAMS VOL. 1713, PG. 355 CECCILE MELBERT rn� o CF NO. 2006026376 DRJC CF NO. 2003050870 rn OPRJC PRJC ._._... O.. o N FND 1/2" 10� v I. PIPE FND 1/2" FND 5/8" FND 5/8" PINCHED 1, ROD.L 11. ROD I. ROD FND S63'22'23"W 44.90' FND S63'21'40'W 43,08' FND S 3'2 'S2, (CALL 45.00') q`51.92' FND S63'22'49"W 139,90' MAPLES AVENUE (CALL 140,00') (60 ROW) TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY: I, T 0 A5 S_ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE 1ME OF THE SURVEY. DATE SURVEYED: MARCH 17, 2022 n �: O� ....::.............. ........... :... J4 THOMASS.ROWE •, 6728 .. j /' s;Po _ � e EXHIBIT "B" REFER TO EXHIBIT "A" FOR LEGAL DESCRIPTION LEGEND O CALCULATED CORNER o SET 5/8" IRON ROD EXHIBIT OF 5' Utility Easement 233.17 Sq. Ft. Out of & Part of Lot 9, 13Ik.16 North Addition Vol. 4, Pg.151, M.R. Beaumont Jefferson County, Texas DAM WA A "M 1"--30' 1 1 OF 1 ilLa Jolt NO. W:\2022\2.2.-42- 9 22-421_TR THOMAS S. ROWF — MEGISTERED PROFESSIONA AAA sMUMM N& 5728 C� TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Janes P. Singletary, Chief of Police MEETING DATE: August 16, 2022 REQUESTED ACTION: Council consider a resolution approving the purchase of Axon TASER units and accessories for use by the Police Department. BACKGROUND The Beaumont Police Department currently owns 211 Axon TASER Conducted Energy Weapons for use by uniformed police officers. These devices have a usable service life of five years. This purchase is for 31 new model "TASER 7" units, along with accompanying holsters, batteries and related equipment, which will replace units that have recently expired and also those that are approaching end of use. The total price for 31 TASER 7 units, with related equipment and software is $80,121.3 . Axon Enterprise, Inc, is the sole source for this equipment. FUNDING SOURCE Police Department equipment budget. RECOMMENDATION Approval of the resolution. CD I (� 3 " 0 5< o m - M Z o ooi3 ti N o z 00 o ai V r D o 4. �� a = a E L C� d ¢ n E 0 m E E W LLl 0 ULL � x W W c CD O' CL d LU n- x�J� 1 cui CO � irs � rn C OD CD �o fti m cq � N tq 6i o , Q m Co op (il ffl 4 C lL Z - CO pp cu O pip p .a' h- E N ti L) Q o .. Y o ��o O O E a.0 U E Z CD U7 lo 66 N N [O D M q w E a 3 Of m m O N N � r CD 00 00 CD f A ? r) a E cn oaCD c E 0 C) s_ }— w �- a rn ti co 4 <m c M Nr 6 LO N a M M M M cn ni a©o Q •r- _ _ N N N ~ Cb � ��CD N Y r G7 C7 © N m 64 cV Ef3 N 64 cfl 10 m M o 00 OQ 00 69- fA lf} (q O C] CJ q q q q O x o o n a o C7 o a ~ <D <D � CD � w to cY N N O '71 Ca M ♦+ a r CD r r o i- o .- C7li, in q 6 o U Lo 6 U U-> QI Q1 C1 41 �.1 •L N co Lq M � M OO 6 ai Cl) 6 rt�+ •L •L O a OOO DES <4 H} Cl)` Cfk M tC] CL a. b9 F/i p U N Lq rn rn o rn o /�.'yj( /Y V •L Vr CD 00 OO Q co LA W ifi fR 09- 0i -ri V Tl v! Q OI� � Lf'� LO LO M N M 0 o w v � as y I--- t 7 Uy + + ¢ u � ~ Q J LL 0 J !� U LLJc7 (/) Z m LU (1) .fi Z U O F = LLU h U J lei Y U' LLF U° s O UQ O O O W < U L m ta U I- .._i W r z LU `d Co r-- Ulf 1 i- w r. to i- I- CU 'c r c— rz w nx LL, � t� `ti U3 Cn C!3 UJ LU U) (n N UJ f-^UF¢-IaC]}a LL C7 Q� N Fa-- L L c Q) L) U tC c©o °O ti ti o Q via azt--a 04 GCD N C �aCCDE� w1 N N 0) (a CL d) *- Ck LLl a d w N 00 4 c� 0 M A Y p cu c a � x D-a N 2: 'D CO OS '� i O ¢ C O O. Q C 0 a) �7 C '—' �--• ..0 d .� p f6 a] O C d) -, a- (D C '�` n CD- E O O ,C t _N � Q a) U3 0 U C O C C 0 X co L E E �co.� C -- L �T� � m os_� c U) o m o a E_ ca o E C � m (D E = c c a) O o o cuu a) 6Y o C <n L Qj 0) cD "C a'7 O- c j OC O (E] a) C U E'�� C0 p •a- O U cn C •C E C p O m CL (n O U LO LLJ C E• (U (I7 N a--• "U) OC Q? H p U)0- L ..0 E U . C u) O_ (Dt� �O t U W O N a a �_ a X U O . �- o U) i-- CD m o c [i? O 0 ¢x C co U)' Q p Q U Q p N .0 U Z3 > ram--• ._C O s cn O — N � () 0 p U) E ca a) Q O CD v N O ' (Di O N '� O tu) 0 j (O ¢ w m O a cmO cn O v O C �' 'CLram-. C O .... O CL O a N U � (D o CO d? o' Q -=U) Eon (B ?y Q Q7 L- U3 `W -� �� o( m aS •� � Qi .a VJ V y N U N (U > < 41) C� Eq C o � 0 U) 0 L (DD C v > Liz C 01 w-s O O O0 ca C31 . U (D C C a C _ m f4 U) Q CB N � o co c o 0 C U= Cl) U � C 0 N (D o U cu a) C Q () O O O U) C m U -00 Ei3 41 C a�3 Q p CO C U W . C13 •� C O N O � 7 u7 O •� o y w t,; C U � O L6 F a C 0 O N C O d a) '� 0 m U3 C CD 4 O 2 L O C � Q � O J 73 f� vJ 4- M W d d CC3 cv CV N {J7 � C, RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of taser units and various related equipment for use by the Police Department from Axon Enterprise, Inc., of Scottsdale, Arizona, a sole source provider, in the amount of $80,121.34. 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 16th day of August, 2022. - Mayor Robin Mouton - T A TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Teclulology Services MEETING DATE: August 16, 2022 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a twenty two foot (22') wide Access and Utility Easement and a ten foot (10') wide Utility Easement. BACKGROUND On March 22, 2022, City Council passed Resolution No. 22-087 accepting the conveyance of a twenty foot (20') wide utility easement to facilitate the construction of a new waterline, an existing sewer force main and an Entergy Sewer Lift Station, After construction of the improvements, it has been determined that additional easements would he required. Entergy Texas, Inc. has agreed to convey a twenty two foot (22') wide Access and Utility Easement and a ten foot (10') wide Utility Easement to the City of Beaumont. The Access and Utility Easement is described as being a 0.4880 acre tract of land out of and part of a called 139.21 acre tract of land situated in the W. Dikes League, Abstract No. 17, City of Beaumont, Jefferson County, Texas. The Utility Easement is described as being a 0.0340 acre tract of land out of and part of a called 139.21 acre tract of land situated in the W. Dikes League, Abstract No. 17, City of Beaumont, Jefferson County, Texas. The easements are for a 12" water line, 6" sewer force main and a sewer lift station for Entergy located at 8630 Eastex Freeway. Acceptance and maintenance of the listed improvements will be presented for council consideration at a later date. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution, RESOLUTION NO. WHEREAS, Entergy Texas, Inc. has agreed to convey one (1) twenty-two foot (22') wide access and utility easement and one ten foot (10') wide utility easement, said twenty-two foot (22') wide access and utility easement being a 0.0480 acre tract of land out of and part of a called 139.21 acre tract of land situated in the W. Dikes League, Abstract No. 17, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit 1," attached hereto; and, said ten foot (10") wide utility easement being a 0.0340 acre tract of land out of and part of a called 139.21 acre tract of land situated in the W. Dikes League, Abstract No. 17, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit 1," attached hereto, to the City of Beaumont to facilitate the construction of a new waterline, an existing sewer force main, and an Entergy Sewer Lift Station located at 8630 Eastex Freeway; and, WHEREAS, the City Council has considered the purpose of said conveyances and is of the opinion that the acceptance of said conveyances are necessary and desirable and is in the best interest of the City of Beaumont and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT one (1) twenty-two foot (22') wide access and utility easement and one ten foot (10') wide utility easement, said twenty-two foot (22') wide access and utility easement being a 0.0480 acre tract of land out of and part of a called 139.21 acre tract of land situated in the W. Dikes League, Abstract No. 17, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto; and, said ten foot (10") wide utility easement being a 0.0340 acre tract of land out of and part of a called 139.21 acre tract of land situated in the W. Dikes League, Abstract No. 17, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit 1," attached hereto, be and the same are hereby, in all things, accepted for the stated purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of August, 2022. - Mayor Robin Mouton - STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: ACCESS AND UTILITY EASEMENT THAT, ENTERGY TEXAS, INC., a corporation, hereinafter called "GRANTORS", for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. 0. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Access and Utility Easement and the right to construct, alter, and maintain said sewer line and appurtenances on the hereinafter described lands which said casement is under, over, in and across that certain tract or parcel of land owned by GRANTORS situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A,B & C" attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, removing sewer lines and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tract of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by Iaw. EXHIBIT 4(1" Grantor agrees not to place any structures or appurtenances within the Easement Property. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of August, 2022. GRANTOR: ENTERGY TEXAS, INC. a corporation By: Printed Name: Stephen A. Miller Title: Sr. Manager, Real Estate ACKNOWLEDGMENT STATE OF LOUISIANA § PARISH OF ORLEANS § This instrument was acknowledged before me on this the day of Au ist, 2022, by Stephen A. Miller, Sr. Manager of Real Estate, of Entergy Texas, Inc., a corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of Ate, 2022. Notary Public, State of Louisiana RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 WINDROSE LAND SURVEYING I PLATTING EXHIBIT "A" DESCRIPTION OF 0.0480 OF AN ACRE OR 2,091 SQ. FT. TRACT I ACCESS & UTILITY EASEMENT A TRACT OR PARCEL CONTAINING 0.0480 OF AN ACRE OR 2,091 SQUARE FEET OF LAND, SITUATED IN THE WESLEY DIKES LEAGUE, ABSTRACT NO. 17, JEFFERSON COUNTY, TEXAS, BEING OUTOF A CALLED 139.21 ACRES TRACT, DESCRIBED IN DEED TO ENTERGYTEXAS, INC. JEFFERSON COUNTY CLERK FILE (J.C.C.F.) NO. 2020024254, WITH SAID 0.0480 OF AN ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, WITH ALL BEARINGS AND COORDINATES BASE ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE (NAD 831 COMMENCING, AT A CAPPED 1 /2" INCH IRON ROD FOUND ON THE NORTHEAST RIGHT-OF-WAY (R,O,W.] LINE OF HIGHWAY 69 {WIDTH VARIES], RECORDED UNDER VOL. 902, PG. 96 JEFFERSON COUNTY DEED RECORDS (J.C.D.R.). MARKING THE SOUTHWEST CORNER OF A CALLED 40.00 ACRES TRACT, CONVEYED TO MONROE FAMILY PARTNERS, RECORDED UNDER J.C.C.F. NO, 2019014373, AND THE NORTHWEST CORNER OF SAID 139.21 ACRES TRACT; THENCE, SOUTH 19 DEG. 39 MIN, 12 SEC. EAST, ALONG THE NORTHEAST R.O.W. LINE OF SAID HIGHWAY 69, A DISTANCE OF 44.48 FEET TO A POINT; THENCE, OVER AND ACROSS SAID CALLED 139.21 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 70 DEG. 20 MIN, 48 SEC. EAST, A D€STANCEOF 20.00 FEETTOTHE NORTHWEST CORNER AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT; NORTH 70 DEG. 20 MIN. 48 SEC. EAST, A DISTANCE OF 22.01 FEET TO THE NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; SOUTH 19 DEG. 38 MIN. 59 SEC. EAST, A DISTANCE OF 91.49 FEET TO THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; SOUTH 52 DEG, 32 MIN. 25 SEC. WEST, A DISTANCE OF 23.11 FEET TO THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT; NORTH 19 DEG. 39 MiN, 12 SEC. WEST, A DISTANCE OF 98.56 FEETTO THE POINT OF BEGINNING AND CONTAINING 0.0480 OF AN ACRE OR 2,091 SQUARE FEET OF LAND, AS SHOWN ON JOB NO.55468-UE-2 PREPARED BY WINDROSE LAND SERVICES. LUC6WG, DAVIS R.P.L.S. NO, 6599 STATE OF TEXAS FIRM REGISTRATION NO. 10108800 DATE 8/10/2022 REV:8/ii/2022 SHEET 2 OF 3 713.458.2281 1 1111 1 RICHMOND, STE 150, HOUSTON, TX 77082 Y:\Projacis\55468-Chevyiand-Beaumonl\Surveying\Meias & Bounds\55466-UE-2-Trl-Rl,docx WINDROSE LAND SURVEYING 1 PLATTING EXHIBIT "B" DESCRIPTION OF 0.0340 OF AN ACRE OR 1,482 SQ. FT. TRACT II UTILITY EASEMENT A TRACT OR PARCEL CONTAINING 0.0340 OF AN ACRE OR 1,482 SQUARE FEET OF LAND, SITUATED IN THE WESLEY DIKES LEAGUE, ABSTRACT NO. 17, JEFFERSON COUNTY, TEXAS, BEING OUT OF A CALLED 139.21 ACRES TRACT, DESCRIBED IN DEED TO ENTERGY TEXAS, INC. JEFFERSON COUNTY CLERK FILE (J,C,C,F,) NO. 2020024254, WITH SAID 0,0340 OF AN ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, WITH ALL BEARINGS AND COORDINATES BASE ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE (NAD 83) COMMENCING, AT A CAPPED 5/8" INCH IRON ROD FOUND MARKING THE NORTH END OF A CUTBACK CORNER OF THE INTERSECTION OF THE NORTHEAST RIGHT-OF-WAY (R.O.W.) LINE OF HIGHWAY 69 (WIDTH VARIES), RECORDED UNDER VOL. 902, PG. 96 JEFFERSON COUNTY DEED RECORDS (J.C.D.R.), AND THE NORTHWEST R.O.W, LINE OF CHINN LANE (WIDTH VARIES), SAME BEING THE MOST WESTERLY SOUTHWEST CORNER OF SAID CALLED 139.21 ACRES TRACT; THENCE, SOUTH 58 DEG, 38 MIN, 53 SEC. EAST, ALONG SAID CUTBACK LINE, A DISTANCE OF 84.85 FEET TO THE MOST SOUTHERLY SOUTHWEST CONNER AND THE END OF SAID CUTBACK; THENCE, NORTH 76 DEG. 13 MIN. 28 SEC, EAST, ALONG THE NORTHWEST R.O,W, LINE OF SAID CHINN LANE, A DISTANCE OF 63.11 FEET TO AN ANGLE POINT AND THE FAINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT; THENCE, OVER AND ACROSS SAID CALLED 139.21 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 61 DEG. 50 MIN. 41 SEC. WEST, A DISTANCE OF 138.18 FEET TO A WEST CORNER OF THE HEREIN DESCRIBED EASEMENT; NORTH 13 DEG. 28 MIN. 30 SEC. WEST, A DISTANCE OF 13.38 FEET TO THE MOST NORTHERLY CORNER OF THE HEREIN DESCRIBED EASEMENT; SOUTH 61 DEG. 50 MIN. 41 SEC. EAST, A DISTANCE OF 158.20 FEET TO A POINT ON THE NORTHWEST R.Q.W. LINE OF SAID CHINN LANE, SAME BEING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT; THENCE, SOUTH 76 DEG, 13 MIN. 28 SEC. WEST, ALONG THE NORTHWEST R.O.W. LINE OF SAID CHINN LANE, A DISTANCE OF 14.96 FEETTO THE POINT OF BEGINNING AND CONTAINING 0.0340 OF AN ACRE OR 1,482 SQUARE FEET OF LAND, AS SHOWN ON JOB NO.55468-UE-2 PREPARED BY WINDROSE LAND SERVICES, L S G. DAVIS R.P,L.S. NO, 6599 STATE OF TEXAS FIRM REGISTRATION NO. 10108800 8/10/2022 DATE SHEET 3 OF RICHMOND, STE 150, HOUSTON,0: Bounds\55468-UE-2-TrMacx GENERAL NOTES rz%1. SURVEYOR DID NOT ABSTRACT SUBJECT PROPERTY, THIS SURVEY WAS PREPARED WITHOUT THE BENEFlT OF A CURRENT TITLE REPORT OR ABSTRACTORS CERTIFICATE AND WOULD BE SUBJECT TO ANY AND ALL CONDITIONS OR RESTRICTIONS THAT A CURRENT TITLE REPORT OR ABSTRACTORS CERTIFICATE MAY DISCLOSE. Ka�7NORTH 2. BEARINGS "ERE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE (NADB3) SCALFs i' • 10D' 3. THIS EXHIBIT IS ACCOMPANIED BY A SEPARATE METES AND BOUNDS DESCRIPTION. 4. THIS EXHIBIT DOES NOT IMPLY TO BE A LAND TITLE SURVEY OF THE SUBJECT PROPERTY AND iS NOT INTENDED TO BE USED FOR TITLE CONVEYANCE PURPOSES. P.O.C. TRACT I FWD 1/0 1110 \ CALLED 40.00 ACRES MONROE FAMILY PARTNERS, LTD., 1 J.C,C,F. NO. 2019014373 P.O.B. TRACT I LINE TABLE ACCESS & U77UTY EASEMENT LINE BEARING DISTANCE (TRACT 1) L1 S 19'39'12" E 44.48' \ f r 0.0480 AC � 2,091 SQ. FT, L2 N 70'20'48" E 20.00, L3 N 70'20'48" E 22.01' \ern L4 S 19'38'59" E 91.49' L5 S 52'32'25" W 23.11' L6 N 19'39'12" W 9B.56' L7 S 58'3B'53" E 84.85' \ L8 N 7613'28" E 63.11' \ L9 N 61'50'41" W 138.18' \ , L10 N 13'28'30" W 13.3B' �0�fl108titi Lll S 61'50'41" E 158.20' L12 S 76'13'28" W 14.96' \ \ G �y 1 \ �s � 9� \ CALLED 139.21 ACRES (SAVE AND EXCEPT 40 AC.) yN� \ \ ENTERGY TEXAS, INC. 'ia \ J.C.C.F. NO. 2020024254 \ \ \ UAUTY EASEMENT (7h'ACT 11) r l 0, 0. AC. / 1,482 SQ. FT. FND P.O.C. L TRACT 11 MD 5/8' IR [> iR� 1 EXHIBIT OF EASEMENTS 0,0480 AC. / 2,091 SQ, FT. (TRACT 1) 0.0340 AC. / 1,482 SQ. FT. (TRACT II) SITUATED IN THE WESLEY DIKES LEAGUE ABSTRACT NO, 17 JEFFERSON COUNTY, TEXAS ,ax ci", R EXHIBIT "C" FIELDED BY: - DATE: 0/1012022 PRAWN BY: RN REV: 911112022 1f A r I R j D R O S C CHECKED BY: CL REV: LAND SURVEYING I PLATTING JOB NO. 55468-UE-2 REV: I I I I I RICHMOND AVE,$14 ISO HOUS€ON, TX 770112 1 713.458.2281 r FIRM REGISTRATION NO, 10108900 1 WINDROSESERVICES.COFA SHEET' 1 OF 3 RFV: WORK SESSION * Review and discuss the proposed FY 2023 Budget 11 August 16, 2022 Consider establishing and taking a record vote on the "proposed" 2022 tax rate and schedule a public hearing TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 16, 2022 RE, QUESTED ACTION: Council consider establishing and taking a record vote on the "proposed" 2022 tax rate and schedule a public hearing. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth -in -taxation laws in adopting their tax rate and requires the governing body to hold a public hearing when the proposed tax rate exceeds the lower of the no -new revenue or voter -approval tax rate. Administration recommends Council establish a proposed tax rate required to support the City Manager's proposed budget equal to the tax rate of $0.685000/$100 of valuation. In accordance with Chapter 26 of the Property Tax Code, if the proposed rate exceeds the no -new revenue rate of $0.637867/$100 or the voter -approval tax rate of $0.781362/$100, the City Council must take a record vote to place the proposal to adopt a rate not higher than the proposed rate on the agenda of a future meeting. The no -new revenue tax rate is the rate that would produce the same amount of taxes in FY 2023 as was produced in FY 2022 if it was applied to the same properties taxed in both years. The proposed tax rate of $0.685000/$100 exceeds the no -new revenue tax rate of $0.637867/$100 by $0.047133/$100 or 7.4%. If the motion passes, a public hearing must be scheduled. It is recoinmanded that the public hearing be held on September 13, 2022, at 1:30 p.m. in the Council Chambers. FUNDING SOURCE Not applicable. RECOMMENDATION The Administration recommends that a public hearing be held on September 13, 2022, at 1:30 p.m. in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the public hearing. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the 2022 tax rate is proposed to be $0.6850001$100 of valuation; and, BE IT FURTHER RESOLVED THAT the date of September 13, 2022 be and the same is hereby set as the date at which the City Council will conduct a public hearing on the proposed tax rate. The meeting will be held in the City Council Chambers, City Hall, 801 Main Street, Beaumont, Texas at 1:30 PM September 13, 2021 at which times the Council will receive public comment on the proposed tax rate of $0.6850001$100 of valuation; and, BE IT ALSO RESOLVED THAT the City Clerk is to publish notice of said public hearing pursuant to V.T.C.A., Tax Code §26,06. 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 16th day of August, 2022. - Mayor Robin Mouton -