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Home My WebLink About08/30/2022 PACKETTEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, AUGUST 30, 2022 1:30 PM AGENDA CALL TO ORDER Invocation Pledge Roll Call Proclamations, Presentations and Recognitions -Presentation by Linebarger Goggan Blair & Sampson, LLP x Public Con -invent; Persons may speak on the Consent Agenda 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 23, 2022 City Council Meeting Minutes B. Authorize the Interim City Manager to execute Change Order No. 1, accept maintenance and authorize final payment to Gulf Coast, a CRH Company for the Spindletop Avenue Roadway and Drainage Rehabilitation Project C. Approve a resolution accepting maintenance of the lift station, water, and sanitary sewer improvements in Beaumont Eastex Subdivision Phase 1 D. Authorize the acceptance of a 0.3440 acre exclusive Drainage Easement located at 11450 Eastex Freeway and Broadoak Street E. Authorize the Interim City Manager to execute all related documents for the purchase of a 5' x 50' wide sidewalk easement for the Washington Blvd Phase 2 Project F. Authorize the Interim City Manager to execute all related documents for the purchase of a 5' x 50' wide sidewalk easement for the Washington Blvd Phase 2 Project WORK SESSION * Review and discuss the proposed FY 2023 Budget and Capital Program JOINT PUBLIC HEARING Receive comments on the proposed FY 2023 Budget and the proposed 2023 Capital Program REGULAR AGENDA l . Consider a resolution postponing the final vote on the proposed FY 2023 Budget to September 13, 2022 COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmernbers/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; Caleb Feiner v. City of Beaumont and Christopher S. Boone; Cause No. B-210,244 Claim of Kloeckner Metals Ronald K. Davis v, John D. Brown, et al; Civil Action No. 1:22-cv-00024 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 0 TEXAS TO: City Council + FROM: Chris Boone, Interim City Manager PREPARED BY: Tina Broussard, TRMC, City Cleric MEETING DATE: August 30, 2022 REQUESTED ACTION: Council consider approval of the August 23, 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, Ward III AUGUST 23, 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 23, 2022, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING * Invocation Pledge of Allegiance Roll Call * Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda and Agenda items 3 and 4 Mayor Pro Tern Durio called the council meeting to order at 1:30 p.m. Pastor John Adolph with Antioch 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 Pro Tern Durio, Councilmembers Getz, Turner, Feldschau, Samuel and Neild. Absent: Mayor Mouton. Also, present were Chris Boone, Interim City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk, Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on the Consent Agenda and Agenda Items 3 and 4 None CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) X Approval of the August 16, 2022, City Council Meeting Minutes B. Authorize the Interim City Manager or his designee to execute a Memorandum of Understanding with Flock Group, Inc. -for the sharing of data - Resolution 22-202 Minutes — August 23, 2022 C. Authorize the settlement of the claim of Virginia Quintanar - Resolution 22-203 Councilmember Feidschau moved to approve the Consent Agenda excluding Item D. Councilmember Getz seconded the motion. AYES: MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED D. Approve contracts for the purchase of janitorial supplies - Resolution 22-204 Councilmember Feldschau moved to approve Item D on the Consent Agenda. Councilmember Getz seconded the motion. AYES: MAYOR PRO TEM DURIO, COUNCILMEMSERS GETZ, TURNER, F'ELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED AGENDA 1. Consider a request for a Specific Use Permit to allow a dwelling unit along with a new law office in the CBD (Central Business District) for the property located at 681 Park Street. Jonathan Vernon proposes a new construction with mixed uses for the property located at 681 Park Street to include a two (2) bedroom dwelling unit combined with a law office. Although a law office is permitted out -right within the CBD district, a dwelling unit requires an approved Specific Use Permit. The living quarters will be located behind the law office on the northwest side of the building. It will be used twenty-four (24) hours, seven (7) days a week and the activities involved are those of daily living such as bathing, sleeping, eating, cooking, laundry, socializing and relaxing. Residential uses within the downtown planning area may bolster economic activity hereafter due to an increase of pedestrian traffic. At a Joint Public Hearing held on August 15, 2022, the Planning Commission recommended 5:0 to approve the request for a Specific Use Permit to allow a dwelling unit along with a new law office in the CBD (Central Business District) for the property located at 681 Park Street with the following condition: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or F.O.G. program as well as all applicable Building and Fire Codes. Approval of the ordinance with the following condition: Minutes —August 23, 2022 Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or F.O.G. program as well as all applicable Building and Fire Codes. Councllmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING SPECIFIC USE PERMIT TO ALLOW A DWELLING UNIT AND LAW OFFICE IN THE CENTRAL BUSINESS DISTRICT (CDB) FOR PROPERTY LOCATED AT 681 PARK STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion. AYES: MAYOR PRO TIM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-044 2. Consider a request for a Specific Use Permitto allow a new railroad spur in an RS (Residential Single -Family Dwelling) District for the property located on the northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block of Fannin Street. BNSF Railway Company is requesting a Specific Use Permit to allow a new railroad spur south of Fannin Street and east of 4th Street. Some of that area, specifically the northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block Of Fannin Street, are currently zoned RS (Residential Single --Family Dwelling). This zoning district requires a Specific Use permit for a new railroad track. Existing tracks are located to the north and east adjacent to this location. Properties to the west and south of the new proposed railroad spur are single-family residential homes. In the interest of preserving the value of these properties, an eight (8) foot tall brick or masonry wall or berm will be required along the edge of the new railroad tracks, adjacent to the residential homes. In addition, a ten (10) foot wide landscaped buffer containing one (1) class A or two (2) class B trees for every twenty-five (25) linear feet, will be required along the same perimeter. Where existing trees can be preserved along this perimeter, no new landscaping will be needed. The brick or masonry fence or berm should be next to the tracks with the landscaping on the outside, closer to the residences. This item was previously tabled over concerns there would be no room for the requested wall/berm, but revisions have been made to the design to allow for this condition. At a Joint Public Hearing held on August 15, 2022, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a new railroad spur in an RS (Residential — Single -Family Dwelling) District for the property located on the northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block of Fannin Street with the following conditions: 1. Construct an eight (8) foot tall brick or masonry wall or berm along the east edge of the new railroad tracks adjacent to existing residential properties. Minutes —August 23, 2022 2. A ten (10) foot wide landscaped strip with trees along the west perimeter of the new railroad track outside of the required wall or berm where existing trees cannot be preserved. 3. Contingent on approval by Planning Office, BNSF participate in the City's rail crossing enhancement program by permitting pedestrian crossing at BNSF's rail line at Riverfront Park. 4. Add trees abutting the proposed wall adjacent to existing residential properties. Approval of the ordinance with the following conditions: 1. Construct an eight (8) foot tall brick or masonry wall or berm along the east edge of the new railroad tracks adjacent to existing residential properties. 2. A ten (10) foot wide landscaped strip with trees along the west perimeter of the new railroad track outside of the required wall or berm where existing trees cannot be preserved. 3. Contingent on approval by Planning Office, BNSF participate in the City's rail crossing enhancement program by permitting pedestrian crossing at BNSF's rail line at Riverfront Park. 4. Add trees abutting the proposed wall adjacent to existing residential properties. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RAILROAD SPUR IN AN RS (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED ON THE NORTHEAST AND WEST SIDES OF THE 600 BLOCK OF AMARILLO STREET AND THE SOUTH SIDE OF THE 2600 BLOCK OF FANNIN STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-045 3. Consider amending Section 20.03.004 of the Speed Regulations Ordinance. Staff is recommending changes to the Speed Limits Decreased in School Zones Section 20.03.004. The proposed change is to delete the "Schedule" column that describes the times for school zones per each school. This change is requested to facilitate the annual changes to school hours of operation without having to further amend the ordinance each school year. Staff recommends replacing the second paragraph of Sec. 20.03.004 with the following language: "In accordance with this section, and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour for each school zone, Monday through Friday on school days. All existing school zone times are set so that the zones are active 45 minutes prior to the first activity of the day and extend 30 minutes past the first bell. In the afternoon the zones are active 30 minutes prior to the closing bell and for 45 minutes after Minutes — August 23, 2022 the closing bell as provided by the schools." Approval of the ordinance, Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AMENDING CHAPTER 20, SECTION 20.03.004 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS BY RESTRUCTURING THE SCHOOL ZONES SPEED LIMIT LIST; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY, Councilmember Feldschau seconded the motion. AYES: MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-046 4. Consider authorizing the Interim City Manager to provide additional funding and TxDOT concurrence to award a contract to Vaca Underground Utilities, Inc., of Houston, for the 2020 Highway Safety Improvements Program (HSIP) Interconnect Signals project. On June 28, 2022, by Resolution No. 22-160, City Council authorized the Interim City Manager to amend the Advance Funding Agreement (AFA) with TxDOT to alter the scope of work for the 2020 Highway Safety Improvements (HSIP) Interconnect Signals Project. The scope of work for this project is described as interconnecting signals on Fourth Street (from Calder Ave. to Sarah St.) and on Gladys Avenue (from Edson Dr. to Central Dr.). Vaca Underground Utilities, Inc., the apparent low bidder, submitted a bid totaling $850,170.00. The maximum Federal and State contribution for this project is $660,290,00, therefore the City will be expected to fund the remaining $189,880.00. City staff recommends the additional funding and providing concurrence to TxDOT for awarding the contract to Vaca Underground Utilities, Inc. Funds will come from the Capital Program. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT ADDITIONAL FUNDING IN THE AMOUNT OF $189,880.00 AND CONCURRENCE TO THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR AWARDING THE 2020 HIGHWAY SAFETY IMPROVEMENTS PROGRAM (HSIP) INTERCONNECT SIGNALS PROJECT TO VACA UNDERGROUND UTILITIES, INC., OF HOUSTON, TEXAS, BE AND HEREBY ARE APPROVED. Councilmember Samuel seconded the motion. AYES: MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes —August 23, 2022 Resolution 22-205 COMMENTS Public Comments (Persons are limited to three minutes) Tony Renfro 6110 Bankston Ln. Beaumont TX Stated that he's the podcaster for "Knowledge is Power" podcast, commented that today is a new chapter here in Beaumont, TX, we now have a breath of fresh air and this is just the beginning, complimented the Council and the Mayor in her absence for making some of the hardest, stressful and major decisions in the past several months, knows that decisions come with obstacles and adversities, everyone may have a different opinion about things but it's how the Council comes together by putting their heads together and thinking caps on and working with one another for a common goal, that common goal is to make sound decisions, solve situations and develop a common ground and come out with the best solution for the betterment of the city and citizens of Beaumont, stated that two new Councilmembers were elected, A.J. Turner, Councilmember-At-Large and Chris Durio, Councilmember Ward IV, and Robin Mouton for Mayor, they were met with and faced adversities, such as the COVID pandemic, ongoing city issues, law suits, brown water issues and a dysfunctional Water Works Department as well as the building located at 555 Main St., the newly elected Councilmembers teamed up with the current Council to work and learn the job, stated that Council has made some big strives and achievements, thanked Mr. Chris Boone for picking up the baton and working as the Interim City Manager, he has done a great job, thanked Council for hiring one of the youngest, smartest, brilliant and energetic City Attorney, Sharae Reed, as well as the brightest and innovative hiring of the new City Manager, Mr. Kenneth Williams, for the first time he feels good about the direction the city has taken and sees progress for the future, there's still a long ways to go, addressed two concerns, one is the stipend for the Mayor and Council which hasn't been revised or updated since 1986, stated that he would endorse and support a recommendation that the Council place this item on the docket and revise and update the City Charter for an increase in Councils stipend Scott: James Andrus 2085 Long St. Beaumont TX Stated that he's a U.S. Navy Special Forces Vet, commented on his nose being broken as well as some personal items that were stolen, stated that a Beaumont Police Officer named Officer Davis profiled him twice and he doesn't appreciate it, stated he knows who he is in Christ Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER GET,Z - COMMENTED ON THE HEARING THAT WAS TO TAKE PLACE ON TODAY REGARDING THE CAPITAL PLAN, STATED THAT THE CITY IS REQUIRED TO PLACE THE ITEM IN THE NEWSPAPER PRIOR TO THE PUBLIC HEARING, ASKED HOW MANY DAYS IN ADVANCE DOES THE PUBLICATION NEED TO BE PUBLISHED THE (CFO RESPONDED 10 DAYS), IT'S HIS UNDERSTANDING THAT THE NOTICE OF THE PUBLIC HEARING WAS PLACED IN THE BEAUMONT ENTERPRISE, WANTED TO KNOW IF THE CITY Minutes — August 23, 2022 DIDN'T MEET THE TEN DAY DEADLINE TO GET IT IN THE EXAMINER, IT'S A LOT MORE EXPENSIVE TO ADVERTISE IN THE ENTERPRISE INSTEAD OF THE EXAMINER COUNCILMEMBER TURNER - ASKED THE INTERIM CITY MANAGER IF THERE'S SOMETHING THAT WAS PLANNED TO TAKE PLACE AT COUNCIL AND IT WAS CANCELLED COULD THAT CANCELLATION NOTICE BE PUT ON FACEBOOK AND THE CITY WEBSITE SO THAT CITIZENS ARE INFORMED, HAD SEVERAL CITIZENS THAT REACHED OUT TO HIM THAT WERE GOING TO SPEAK REGARDING THE CAPITAL PROGRAM, HAD TO INFORM THEM THAT THE PUBLIC HEARING FOR THE CAPITAL PROGRAM WAS CANCELLED, STATED THAT THIS 1S HIS FIRST TIME GOING THROUGH THE BUDGET PROCESS, THE BUDGET IS ROUGHLY 269 PAGES, IT WAS RECEIVED NOT LONG AGO, REQUESTED THAT STAFF GET THE BUDGET TO THE COUNCIL A LOT EARLIER THAN THEY DID, ASKED IF THIS CAN BE CONSIDERED IN THE FUTURE, IT WOULD BE GREATLY APPRECIATED COUNCILMEMBER FELDSCHAU - CONGRATULATED MAYOR PRO TEM ON A JOB WELL DONE ON CHAIRING THE MEETING ON TODAY COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER NEILD - NONE CITY ATTORNEY REED - NONE INTERIM CITY MANAGER BOONE - NONE MAYOR PRO TEM DURIO - THANKED EVERYONE FOR ATTENDING THE MEETING MAYOR MOUTON - ABSENT With there being no Executive Session, Council adjourned at 1:59 p.m. Chris Durio, Mayor Pro Tern Tina Broussard, City Clerk Minutes —August 23, 2022 BEAUMONT I T E X A S TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: August 30, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to execute Change Order No. 1, accept maintenance and authorize final payment to Gulf Coast, a CRH Company for the Spindletop Avenue Roadway and Drainage Rehabilitation Project. BACKGROUND On February 15, 2022, by Resolution No. 22-058, City Council awarded a contract to Gulf Coast, a CRH Company, of Beaumont, in the amount of $508,223.00, for the Spindletop Avenue Roadway and Drainage Rehabilitation Project, Proposed Change Order No. 1, in the amount of $23,929.51, is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $532,052.51. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance and final payment in the amount of $70,551.54 is recommended. FUNDING SOURCE Capital Program — Street Rehabilitation Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 22-017 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement between the City of Beaumont and Jefferson County, Texas for the construction of the proposed Spindletop Avenue Roadway and Drainage Rehabilitation Project in the amount not to exceed $265,000,00, The Interlocal Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 'filth day of January, 2022. - Mayor Robin Mouton - Contract # 1 - Final 10-Aug-2022 02;22 PM CST 1 - Final: Change Order No. 1 - Final Spindletop Avenue Roadway and Drainage Rehabilitation Project Spindletop Avenue Beaumont, Texas 77705 Project Number; PW1222-04 Grand Total: $23,829.51 For General Construction Spindletop Avenue Roadway and Drainage Rehabilitation Project - General Contract Division 01 Line Item Unit price Type Group 3.0 Construction Scope of Work Notes Awarded To Gulf Coast a CRH Company Erik Rodriguez 27695 Reason Quantity Adjustment Code Days 0 Changed Attachments Change Order Summary Original Contract Sum 508,223,00 ; Substantial Completion Date 15-Jul-2022 i Not Cost by Previous Approved COs 0,00 Net Time Change By Previous COs 0 days Contract Sum Before This CO 508,22100 j Substantial Completion before This CO 15-Jul-2022 I Contract Sum Changed By This CO 23,829.51 Time Changed By This CO 0 days New Contract Sum 532,052.61 New Substantial Completion Dale 15-Jul-2022 Alt Change Orders make up 4M% of the Original Contract Accounting and Status Accounting Status Item id 279 PO Number Accounting Project Code Custom Accounting Field 05 Custom Accounting Field 07 Lille items Account WBS1 Item # Code Section Description Contract Items 423071 FEMA Number ::Custom Accounting Field 04 Custom Accounting Field 06 Custom Accounting Field 08 Unit Total Quantity UoM Price Amount 247- 001 FLEX BASE (TY A) (GR 2) (6") (COMP. IN PLACE) DRIVEWAY BASE -75.70 SY 70.00-5,299,00 6001 COURSE 275- 001 CEMENT TRT (MIX EXISTING MATERIAL) (10") 466.00 SY 16.00 7,456.00 6012 340- 001 D-GR HMA TY-D PG70-22 (3.0") (MINIMUM 2 LIFTS) 6001 560- 001 RELOCATE EXISTING MAILBOX 6001 Total Approval Approved Name or Role Status 1 External -GC Approved Erik Rodriguez 10-Aug-2022 01:04 PM CST 2 Project Manager Approved David Tingle 10-Aug-2022 01:04 PM CST 3 City Engineer Approved Amalla "Molly" Villarreal 10-Aug-2022 01:19 PM CST 4 Director Approved Bart Bartkowiak 10-Aug-2022 01:56 PM CST 5 Admin Approved Crystal Garza 10-Aug-2022 02:22 PM CST APPROVED BY: ATTESTED BY: 194.81 TON 131.50 25,617.51 -15.00 EA 263.00-3.945.00 23,829.61 Grand Total: 23,829.51 Due: 17-Aug-2022 Actions Chris Boone Date Tina Broussard Date Interim City Manager City Clerk Invoice # General Construction 24-Aug-2022 02:40 PM CST Spindletop Avenue Roadway and Drainage Rehabilitation Project Spindletop Avenue Beaumont, Texas 77705 Project Number: PW1222-04 General Construction: 4 - FINAL Amount Due: $70,551,54 For Contract Contact- General Construction Spindletop Avenue Roadway and Drainage Rehabilitation Project - General Contract Dale 10-Aug-2022 Line item Unit price Type Group 3,0 Construction Pay Period 01-Jun-2022 to 10-Aug-2022 Retainage WC 5.00 - MS 0.00 Payment To Gulf Coast a CRH Company Erik Rodriguez 27695 Dale Due Terms Attachments COB Spindletop Ave. Final Schedule.pdf Warranty Letter - Spindletop Ave.pdf Final As built.pdf Conditional Waiver-253309-PW1222.04.pdf Line Items Work Materials Account WBS/ Completed Stored % WC % MS Item fl Code Section Description Quantity UoM Unit Price (WC) (MS) Retainage Retainage 1 - Final - Contract Items 247- 001 FLEX BASE (TY A) (GR 2) (6") 0.00 SY 70.00 -5,299,00 0.00 0.00 0,00 6001 (COMP. IN PLACE) DRIVEWAY BASE COURSE 275- 001 CEMENT TRT (MIX EXISTING 0,00 SY 16.00 7,456.00 0.00 0.00 0.00 6012 MATERIAL) (10") 340- 001 D-GR HMA TY-D PG70-22 (3,0") 0.00 TON 131.50 26,617.51 0.00 0.00 0.00 6001 (MINIMUM 2 LIFTS) 560- 00i RELOCATE EXISTING 0.00 EA 263.00 -3,945.00 0.00 0,00 0.00 6001 MAILBOX Total 23,829,51 0.00 Work Materials Account WBSI Completed Stored % WC % MS Item tt Code Section Description Quantity UoM Unit Price (WC) (MS) Retainage Retainage Contract Items 100- 001 PREP ROW (NOT TO EXCEED 0.00 STA 295.00 0.00 0.00 0.00 0,00 6001 $300 PER STATION) 247- 001 FLEX BASE (TY A) (GR 2) (6") 0.00 SY 70.00 5,290.00 0,00 0,00 0.00 6001 (COMP. IN PLACE) DRIVEWAY BASE COURSE 275- 001 CEMENT TRT (MIX EXISTING 0.00 Sy 16.00 0.00 0.00 0.00 0.00 6012 MATERIAL) (10") 340- 001 D-GR HMA TY-D PG70-22 (3.0") 0.00 TON 131.50 0.00 0.00 0.00 0.00 6001 (MINIMUM 2 LIFTS) 400- 001 CEMENT STABIL BKFL (2.0 0.00 CY 122.50 0.00 0,00 0,00 0.00 6001 SKICY SAND) 464- 001 RC PIPE (18") 0.00 LF 99.00 0.00 0.00 0.00 0.00 6001 496- 001 REMOVE STR (PIPE) (ALL 0.00 LF 21.00 0.00 0.00 0.00 0.00 6001 SIZES) (ALL MATERIAL) 500- 001 MOBILIZATION (NOT TO 0.00 LS 24,600.00 2,450.00 0.00 0.00 0.00 6001 EXCEED 5%) 502- 001 BARRICADES, SIGNS & 0,00 MON 2,500.00 2,500.00 0.00 0.00 0.00 6001 TRAFFIC HANDLING (NOT TO EXCEED $$5,000 PER MONTH) 530- 001 INTERSECTIONS, 0.00 TON 248.00 0.00 0.00 0.00 0.00 6011 DRIVEWAYS, AND TURNOUTS (ACP) 560- 001 RELOCATE EXISTING 0.00 EA 263,00 3,945,00 0,00 0,00 0.00 6001 MAILBOX 666- 001 REFL PAV MRK TY I (YELLOW) 0.00 LF 3.50 2,947.0❑ 0.00 0.00 0.00 6001 (4") (SOLID) (100 MIL) (NO SEALER REQUIRED) 666- 001 REFL PAV MRK TY I (YELLOW) 0.00 LF 4.75 96,00 0.00 0.00 0.00 6002 (4") (BROKEN) (100 MIL) (NO SEALER REQUIRED) 666- 001 REFL PAV MRK TY I (WHITE) 0,00 LF 3.75 1.627.50 0,00 0.00 0,00 6003 (4") (SOLID) (100 MIL) (NO SEALER REQUIRED) 666- 001 REFL PAV MRK TY I (WHITE) 0.00 LF 1.00 10.00 0,00 0,00 0.00 6004 (4") (DOTTED) (100 MIL) (NO SEALER REQUIRED) 666- 001 REFL PAV MRK TY I (WHITE) 0.00 LF 5.00 740.00 0,00 0.00 0.00 6005 (6") (SOLID) (100 MIL) (NO SEALER REQUIRED) 666- 001 REFL PAV MRK TY I (WHITE) 0.00 LF 11.00 1,606.00 0.00 0,00 0.00 6006 (24") (SOLID) (100 MIL) (NO SEALER REQUIRED) Account WBS! Item It Code Section Description 868- 001 PREFAB PAV MR TY C 6085 (WHITE) (18" YIELD TRIANGLE) 760- 001 CLEANING AND RESHAPING 6001 DITCHES Total Summary Work Materials Completed Stored % WC % MS Quantity UoM Unit Price (WC) (MS) Retainage Retainage 0.00 EA 24.50 588,00 0.00 0.00 0.00 0.00 LF 12.50 625.00 0,00 0,00 0,00 22,432.50 0.00 1, CONTRACT SUM + AMENDMENTS 2. NET CHANGE BY Change Order 3, CONTRACT SUM TO [SATE (Lino 1+ Line 2) 4. TOTAL_ COMPLETED & STORED TO DATE S. RETAINAGE 5a. 5.00% Of Completed Work (Column I on Continuation Sheet) 5b. 0.00% Of Stared Material (Column J on Continuation Sheet) TOTAL RETAINAGE (5a + 5b) 6. TOTAL EARNED LESS TOTAL RETAINAGE 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT 8. CURRENT AMOUNT DUE 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) Change Order Summary NET CHANGE by Change Order Total changes approved in previous pay periods Total approved this pay period TOTAL, Accounting and Payment Status Invoice Id 374 Payment Status Paid Date PO Number 423071 Accounting Project Code Custom Accounting Field 06 ADDITIONS 0.00 33,073.51 33,073.61 1 Check its Paid Amount FEMA Number Custom Accounting Field 04 Custom Accounting Field 06 Grand Total: $46,262.01 0,00 0.00 508,223.00 23,829.61 532,052.51 532,052.51 0.00 532,052.51 461,500.97 $$70,551.54 0,00 $23,829.51 DEDUCTIONS 0.00 -9,244.00 -9,244,00 $ 0.00 Custom Accounting Field 07 Custom Accounting Field 08 Approval Approved Name or Role Status 1 External -GC Approved Erik Rodriguez 16-Aug-2022 11:30 AM CST 2 Project Manager Approved David Tingle 16-Aug-2022 11:32 AM CST 3 City Engineer Approved Amapa "Molly" Villarreal 16-Aug-2022 12:30 PM CST 4 Director Approved Bart Bartkowiak 24-Aug-2022 02:24 PM CST 5 Admin Approved Crystal Garza 24-Aug-2022 02:40 PM CST Created by: David Tingle on 10-Aug-2022 Last Modified by: Crystal Garza on 24-Aug-2022 Due: 31-Aug-2022 Actions RESOLUTION NO. WHEREAS, on February 15, 2022, the City Council of the City of Beaumont, Texas passed Resolution No. 22-058 awarding a contract in the amount of $508,223.00 to Gulf Coast, a CRH Company, of Beaumont, Texas, for the Spindletop Avenue Roadway and Drainage Rehabilitation Project; and, WHEREAS, Change Order No. 1, in the amount of $23,829.51, is necessary to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, thereby increasing the total contract amount to $532,052.51; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the Interim City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of $23,829.51 to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, thereby increasing the total contract amount to $532,052.51 for the Spindletop Avenue Roadway and Drainage Rehabilitation Project; and, BE IT FURTHER RESOLVED THAT the Spindeltop Avenue Roadway and Drainage Rehabilitation 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 $70,551.54 to Gulf Coast, a CRH Company, of Beaumont, 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 30th day of August, 2022, - Mayor Robin Mouton C TEXAS TO: City Council FROM: Cris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: August 30, 2022 REQUESTED ACTION: Council consider a resolution accepting maintenance of the lift station, water, and sanitary sewer improvements in Beaumont Eastex Subdivision Phase 1. BACKGROUND On August 23, 2022, a final inspection from all entities was completed for the following: • Lift station, water, and sanitary sewer improvements located adjacent to the Eastex Freeway northbound frontage road located approximately 980 feet north of Chinn Lane. Recommended for approval are the lift station, water, and sanitary sewer improvements for Beaumont Eastex Subdivision Phase 1 utility easement only. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. LW lgy P , InHC WA i PROJECT LOCATION r_s hw,tchAl. Ptss�z 1:IIm VL ILn mq MUY Eu 1.4 + Mat -- VICINITY MAP RESOLUTION NO, WHEREAS, construction of the lift station, water, and sanitary improvements constructed in Beaumont Eastex Subdivision Phase I have been completed as follows: and, Lift Station, Water, and Sanitary Improvements • Lift station, water, and sanitary sewer improvements located adjacent to the Eastex Freeway northbound frontage road located approximately 980 feet north of Chinn Lane; 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 lift station, water, and sanitary sewer improvements in Beaumont Eastex Subdivision Phase I easements only 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 30th day of August, 2022. - Mayor Robin Mouton - BEAUMONTI T E X A S � TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Public Works &Technology Services Director MEETING DATE: August 30, 2022 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a 0.3440 acre exclusive Drainage Easement. BACKGROUND Coca-Cola Southwest Beverages LLC have agreed to convey a 0.3440 acre exclusive Drainage Easement to the City of Beaumont. The easement is described as being a 0.3440 acre tract of land situated in the W.B. Dyches Survey, Abstract No. 17, Jefferson County, Texas. The purpose of the drainage easement is to improve the drainage at 11450 Eastex Freeway and Broado ak Street. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Coca-Cola Southwest Beverages, LLC has agreed to convey one (1) 0.3440 acre exclusive drainage easement, said easement being a 0.3440 acre tract of land out of and part of a called 75.9795 acre tract of land situated in the W.B. Dyches Survey, Abstract No, 17, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit "1," attached hereto, to the City of Beaumont to facilitate drainage improvements at 11450 Eastex Freeway and Broadoak Street; 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 0.3440 acre exclusive drainage easement, said easement being a 0.3440 acre tract of land out of and part of a called 75.9795 acre tract of land situated in the W.B. Dyches Survey, Abstract No, 17, City of Beaumont, Jefferson County, Texas as described and shown in Exhibit 1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of August, 2022. - Mayor Robin Mouton - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIDE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER, STATE OF TEXAS § COUNTY OF JEFFERSON § DRAINAGE EASEMENT THAT, COCA -COLA SOUTHWEST BEVERAGES LLC, a Delaware limited liability company ("Grantor"), for and in consideration of the sum of ONE AND N01100 DOLLAR ($1.00), and other good and valuable consideration paid by the CITY OF BEAUMONT ("Grantee"), a municipal corporation domiciled in Jefferson County, Texas, the receipt and sufficiency of which consideration is hereby acknowledged, does hereby GRANT, BARGAIN and CONVEY, and by these presents do GRANT, BARGAIN and CONVEY unto Grantee, its successors and assigns, drainage casements (collectively, as applicable, "Drainage Easements") on the hereinafter described lands which said easements are under, over, in and across that certain tracts or parcels of land owned by Grantor situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A" attached and made a part hereof for all purposes, and being depicted on Exhibit "B" attached and made a part hereof for all purposes (the "Easement Area"). The Drainage Easements herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and removing drainage structures, canals, ditches and appurtenances in the Easement Area (collectively, as applicable, the "Drainage Improvements"), and the following rights are also hereby conveyed: EXHIBIT "1" 170032/OD051/136380600.v5 It is expressly understood and agreed that Grantee shall have the right of ingress to and egress from the Easement Areas and use of the same for the purposes aforesaid, and giving said Grantee the right and privilege to improve, maintain and operate the Drainage Improvements in the Easement Areas as permitted by applicable law(s). Grantee hereby represents, covenants and warrants in favor of Grantor, and its successors and assigns, that Grantee shall protect and maintain the Drainage Improvements and Easement Areas, and the adjacent lands of Grantor over which Grantee has rights of ingress and egress, in accordance with proper engineering industry standards, from damage caused, in whole or in part, by acts or omissions of Grantee, its employees, agents, contractors, subcontractors, assigns, lessees, licensees and agents and in such a mariner that the Drainage Improvements and Easement Areas do not overflow and flood adjacent real property under typical weather conditions, and as may be required by applicable law(s). Maintenance of the Drainage Improvements and Easement Areas shall include, but not be limited to, mowing and clearing of vegetation, drainage and erosion control of run-off into and within the confines of the Drainage Improvements and Easement Areas, keeping the Drainage Improvements and Easement Areas clear of obstructions to the free flow of drainage water through the Drainage Improvements and Easement Areas, repairs to erosion protection features, and maintaining the Drainage Improvements and Easement Areas to prevent erosion and washouts of the soil in the Drainage Improvements and Easement Areas. TO HAVE AND TO HOLD the above described Easement Areas unto the said Grantee, its successors and assigns forever, for the purposes herein stated. [remainder of page intentionally left blank; signature page immediately follows] 170032/00051 / 1363 80 600.v5 EXECUTED this the day of August, 2022. GRANTOR: COCA -COLA SOUTHWEST BEVERAGES LLC, a Delaware limited liability company By: Nance: Title: STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of August, 2022, by , in his/her capacity as of Coca-Cola Southwest Beverages LLC, a Delaware limited liability company, on behalf of said limited liability company. Notary Public in and for The State of Texas Commission Expires: 170032/00051/136380600.v5 GRANTEE: CITY OF BEAUMONT, a municipal corporation By: Printed Name: Title: STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on the day of August, 2022, by , in his/her capacity as of City of Beaumont, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to one that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. Notary Public in and for The State of Texas Conlmisslon Expires: RETURN TO: City of Beaumont Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 170032/00051/136380600.v5 EXHIBIT "A" Legal Description of Easement Areas [attached following this page] 170032/00051/136380600.v5 EXHIBIT "A" Legal Description: 0.3440 Acre Drainage Easement W.B. Dyches Survey, Abstract No. 17 Jefferson County, Texas BEING a 0.3440 acre drainage easement situated in the W.B. Dyches Survey, Abstract No. 17, Jefferson County, Texas and being out of and part of that certain called 75.9795 acre tract of land as described in a "Special Warranty Deed" from Coca-Cola Refreshments USA, Inc. to Coca-Cola Southwest Beverages LLC as recorded in Clerk's File No. 2017011079, Official Public Records of Real Property, Jefferson County, Texas, said 0.3440 acre drainage easement being more particularly described as follows: NOTE, All bearings are referenced to the Northwesterly line of the tract herein described, the same being the Northerly line of the said 75.9795 acre Coca-Cola Southwest Beverages LLC tract, as NORTH 56°5434" EAST cis recorded in the above referenced Clerk's File No..2017011079, Official Public Records of Real Property, Jefferson Count), Texas. All set 5/8" iron rods set with caps stamped "M. W. Whiteley & Associates". BEGINNING at a bolt for the most Northerly corner of the tract herein described, said corner also being the most Northeast corner of the said 759795 acre Coca-Cola Southwest Beverages LLC and said corner being the intersection of the Southerly right-of-way line of Broadoak Street (based on a width of 70 feet) and the Southwesterly line of the Santa Fe Railroad (Also known as G.C. & S.F. Railway Company) 100 feet wide right-of-way; THENCE SOUTH 33008'24" EAST, along and with the boundary between the Northeasterly line of the said 75.9795 acre Coca-Cola Southwest Beverages LLC tract and the Southwesterly line of the said Santa Fe Railroad 100 feet wide right-of-way, for a distance of 143.06 feet to a 5/8" iron rod set for corner; THENCE NORTH 88054'31" WEST, over and across the said 75.9795 acre Coca-Cola Southwest Beverages LLC tract, for a distance of 239.91 feet to a 5/8" iron rod set for corner; THENCE NORTH 01005'29" EAST, continuing over and across the said 75.9795 acre Coca-Cola Southwest Beverages LLC tract, for a distance of 10.00 feet to a 1 1/2" iron pipe found for corner, said corner being an angle point in the North line of the said 75.9795 acre Coca-Cola Southwest Beverages LLC tract and the South right-of-way line of Broadoak Street; THENCE NORTH 56"54'34" EAST, along and with the Northerly line of the said 75,9795 acre Coca- Cola Southwest Beverages LLC tract and the Southerly right-of-way line of Broadoak Street, for a distance of 192.72 feet to the POINT OF BEGINNING and containing 0.3440 Acres, more or less. Surveyed on August 17, 2022. This legal description is being submitted along with a plat based oil this survey (see EXHIBIT OF TF QUO S RFp 'S� Thomas S. Ro e, RPLS No. 5728 "'" ".,,,.:,... mans s. Rows Texas Surveying Firm No.: 10106700 .... %.ro......._,•;Q........+... WA2022Q2-236M22-2369m C6.doex 11,4RK JK WHITELEY & ASSOCIATES, INC. EXHIBIT "B" ,Site Plan of Easement Areas [attached following this page] 170032/00051/136380600.v5 0 G _LLZl `i Z �1J C) o — eq 0 OOQ �Z LL W�O� g _ 0 600 6341 Oumu)zz LL, R I q a cs z H LU Q 0 lP�ya a p Ln t CO LL 0 Om `r a w o ~ LJ O z W 0 00 0 W W �¢�o .W.j w� Q ° �voiiaW C� ELL- �YO '0 ID M w a ZI ;mC) O Z O O U rno O U M t' ") �O��O OQ •C1 pp n I m z 6' '�• 00 � t�5 � � "0 Z 90 U Q MLLI W N O r• G G ramp Z'� u7 O 0 2 S o�0y�`n•1 ~� w4CL 7¢• O ��J J �Q �wzco Q `�• cn + Lw z ° W 9 Vi � (n fY LL :%i � O 4d R_ LL o w LPL O (n....: 0� Ux N p InW U La1 (V w -L, N in a- w3Lz0�0 n �a Z L� ir LaJ �i r UTI p 0, - C7 O O OO ¢ LLI O O 0 LOUo Z .- ;�''' Oa z �flt��b 3lVJS W O - ao LUn a o - m=Ln TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: August 30, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to execute all related documents for the purchase of a 5' x 50' wide sidewalk easement for the Washington Blvd Phase 2 Project. BACKGROUND The owner of the property listed below, has agreed to sell a portion of their property to the City of Beaumont for the Washington Blvd Phase 2 Project in the amount of $709.00: Description; 5' x 50' wide sidewalk easement situated in the J.W. Bullock Survey, Abstract No. 7, being out of and part of Lot 7, Block 1 Carver Terrace Addition, in the City of Beaumont, Jefferson County, Texas Owner: Willis Prejean Appraisal Value: $709.00 FUNDING SOURCE Beaumont Municipal Airport Oil & Gas Revenue. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit 'A" attached hereto, for the Washington Boulevard Phase II Project: Description: 5' x 50' wide sidewalk easement situated in the J.W. Bullock Survey, Abstract No. 7, being out of and part of Lot 7, Block 1 of Carver Terrace Addition, in the City of Beaumont, Jefferson County, Texas Owner: Willis Prejean Appraised Value: $709.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the purchase of the above described property be, and the same is, hereby approved; and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute all related documents relating to the purchase of the above described property. 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 30th day of August, 2022. - Mayor Robin Mouton AGREEMENT PROJECT: Washington Blvd Phase 2 Property ID #: 19019 THE STATE OF TEXAS X COUNTY OF JEFFERSON X This agreement between Willis Prej ean, of the County of Jefferson, State of Texas, hereinafter called GRANTOR, and the City of Beaumont, Texas, acting by and through its duly authorized Agent, hereinafter called GRANTEE, witnesseth: CITY OF BEAUMONT and the GRANTOR above recited have reached an agreement wherein the GRANTOR are to convey to the CITY OF BEAUMONT property described fully in a Special Warranty Deed to be executed by GRANTOR, to which reference is hereby made for complete description, said property being briefly described as follows: 250 square, feet sidewalk casement situated in the J. W. Bullock Survey, Abstzact No. 7, being out of and pant of Lot 7, Block I of Carver Terrace Addition, in the City of Beaumont, Jcfferson County, Texas. The consideration and conditions of agreement are fully listed and stated. The CITY OF BEAUMONT will pay GRANTOR as follows: SEVEN HUNDRED NINE AND N0/100 DOLLARS ($709.00) All liens and taxes (either current or delinquent) will be deducted. It is further agreed that the terms of agreement herein stated are in consideration of the delivery to the CITY OF BEAUMONT of a valid conveyance of all rights, title and interest described in the Special Warranty Deed from GRANTOR to the CITY OF BEAUMONT. THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE BEAUMONT CITY COUNCIL, ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. EXECUTED this dayofA44tAd , 2022. CITY OF BEAUMONT GRANTOR Antoinette Handy Willis PreJearr Real Property Coordinator EXHIBIT "A" r y� I� BEAUMONT TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: August 30, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to execute all related documents for the purchase of a 5' x 50' wide sidewalk easement for the Washington Blvd Phase 2 Project. BACKGROUND The owner of the property listed below, has agreed to sell a portion of their property to the City of Beaumont for the Washington Blvd Phase 2 Project in the amount of $709.00: Description: 5' x 50' wide sidewalk easement situated in the J.W. Bullock Survey, Abstract No. 7, being out of and part of Lot 5, Block 1 Carver Terrace Addition, in the City of Beaumont, Jefferson County, Texas Owner: Patrick Gibbs Appraisal Value: $709.00 FUNDING SOURCE Beaumont Municipal Airport Oil & Gas Revenue, RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit 'A" attached hereto, for the Washington Boulevard Phase II Project: Description: 5' x 50' wide sidewalk easement situated in the J.W. Bullock Survey, Abstract No. 7, being out of and part of Lot 5, Block 1 of Carver Terrace Addition, in the City of Beaumont, Jefferson County, Texas Owner: Patrick Gibbs Appraised Value: $709.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the purchase of the above described property be, and the same is, hereby approved; and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute all related documents relating to the purchase of the above described property. 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 30th day of August, 2022. - Mayor Robin Mouton - PROJECT: Washington Blvd Phase 2 Property ID #: 19017 COUNTY OF JEFFERSON X This agreement between the Patrick Gibbs, of the County of Jefferson, State of Texas, hereinafter called GRANTOR, and the City of Beaumont, Texas, acting by and through its duly authorized Agent, hereinafter called GRANTEE, witnesseth: CITY OF BEAUMONT and the GRANTOR above recited have reached an agreement wherein the GRANTOR are to convey to the CITY OF BEAUMONT property described fully in a Special Warranty Deed to be executed by GRANTOR, to which reference is hereby made for complete description, said property being briefly described as follows: 250 square feet sidewalk easement situated in the J. W. Bullock Survey, Abstract No. 7, being out of and part of Lot 5, Block 1 of Carver Terrace Addition, in the City of Beaumont, Jefferson County, Texas. The consideration and conditions of agreement are fully listed and stated. The CITY OF BEAUMONT will pay GRANTOR as follows: SEVEN HUNDRED NINE AND NO11.00 DOLLARS ($709.00) All liens and taxes (either current or delinquent) will be deducted. It is further agreed that the terms of agreement herein stated are in consideration of the delivery to the CITY OF BEAUMONT of a valid conveyance of all rights, title and interest described in the Special Warranty Deed from GRANTOR to the CITY OF BEAUMONT. THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. EXECUTED this day of V�� 2022. CITY OF BEAUMONT G i TOR tkmk /J Antoinette Hardy atrick Gibbs Real Property Coor inator EXHIBIT "A" No Text WORK SESSION Review and discuss the proposed FY 2023 Budget and Capital Program JOINT PUBLIC HEARING * Receive comments on the proposed FY 2023 Budget and the proposed 2023 Capital Program [1 August 30, 2022 Consider a resolution postponing the Final vote on the proposed FY 2023 Budget to September 13, 2022 TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 30, 2022 REQUESTED ACTION: Council hold a Joint Public Hearing on the proposed FY 2023 Budget and the proposed 2023 Capital Program and at the conclusion of the hearing take action to postpone the final vote on the proposed FY 2023 Budget until September 13, 2022. BACKGROUND The proposed FY 2023 Budget was submitted to Council on August 9, 2022, and a work session was held on august 16, 2022. The proposed 2023 Capital Program was originally submitted on May 10, 2022, and again with the proposed budget on August 9, 2022. The notice of the public hearings on the Budget and Capital Program were published on August 20, 2022. Local Goverruirent Code, Section 102.007 states that at the conclusion of the public hearing, the governing body of the municipality shall take action on the proposed budget, Council should take action to postpone the final vote on the proposed budget until September 13, 2022. FUNDING SOURCE Not applicable. RECOMMENDATION Hold the Joint Public Hearing. RESOLUTION NO. WHEREAS, the proposed FY 2023 Budget was submitted to the City Council of the City of Beaumont, Texas on August 9, 2022 and a work session was held on August 16, 2022; and, WHEREAS, the proposed FY 2023 Capital Program was originally submitted on May 10, 2022 and again with the proposed budget on August 9, 2022; and, WHEREAS, the notice of the public hearing on the FY 2023 Budget and FY 2023 Capital Program was published August 20, 2022 to be held August 30, 2022; and, WHEREAS, Local Government Code, Section 102.007 states that at the conclusion of the public hearing, the governing body of the municipality shall take action on the proposed budget; and, WHEREAS, since the public hearing on the proposed tax rate is scheduled for September 13, 2022, City Council must take action to postpone the final vote on the proposed FY 2023 budget until after the hearing on the proposed tax rate; and, WHEREAS, City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont for the City to postpone the final vote on the proposed FY 2023 budget until after the public hearing on the proposed tax rate; 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 final City Council vote to adopt the FY 2023 Budget be and hereby is postponed until September 13, 2022 after the public hearing on the proposed tax rate. 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 30th day of August, 2022, - Mayor Robin Mouton -