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01/24/2023 PACKET
Ti_XAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JANUARY 24, 2023 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Proclamations, Presentations and Recognitions - Chamber of Commerce Economic Development Presentation - Presentation by the International Association of Plumbing and Mechanical Officials * Public Comment; Persons may speak on the Consent Agenda and Items 1-I1 Consent Agenda CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. Tile 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 January 10, 2023 City Council Meeting Minutes B. Authorize the City Manager to award a contract to TRP Construction Group, LLC, of Fort Worth, for the Citywide Pavement Markings, Phase 11 Project C. Authorize the City Manager to execute Change Order No. 7, accept maintenance, and authorize final payment to Brystar Contracting, Inc., for the Lint Station & WWTP Repairs Tropical Storm Harvey Group 4 Lift Stations Project D. Authorize the City Manager to enter into a contract with Legacy Community Development Corporation for the use of HOME Investments Partnerships finds from the Department Housing and Urban Development E. Authorize the limited and temporary use of golf carts on city streets from February 15, 2023 through February 20, 2023, in conjunction with Mardi Gras Southeast Texas F. Authorize the Mayor, City Manager, City Attorney and Enhergency Management Coordinator to execute a Mutual Aid Agreement and four addendums with the Beaumont Independent School District which will supersede all prior mutual aid agreements or memorandums of agreement between the City and BISD G. Approve a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer inhprovements in the 0' Street Extension at the Mustang CAT Facility H. Authorize the acceptance of a ten foot (I0') wide Exclusive Water Line Easement located at 4965 Fannett Road 1. Approve a resolution adopting the 2022 Jefferson County Mitigation Action Plan Authorize the settlement of the claim of Stacey Lewis REGULAR AGENDA I . Consider approving an ordinance calling the General Election for May 6, 2023, to elect a Mayor, two (2) Councilmembers-At-Large, and four (4) Ward Councilmembers (one each for Ward I, I1, 111 and IV); and approving a Runoff Election if necessary on June 10, 2023 2. Consider authorizing the City Manager to award a contract to Callan Marine, Ltd., of Galveston, for the Riverfront Park Restoration FEMA No. 6499 Project 3. Consider authorizing the City Manager to award a contract to Gulf Coast, a CRH Conhpany, for the 4"' Street Roadway Rehabilitation Project 4. Consider authorizing the City Manager to apply, and if approved, enter into an Advanced Funding Agreement with the Texas Department of Transportation for the Transportation Alternatives Set -Aside Program 5. Consider authorizing an agreement with RailPros Field Services, Inc., of Irving, for the monitoring and flagging services required by Union Pacific Railroad for the emergency repair of a sewer cavity under the Union Pacific Railroad at West Florida Avenue and Avenue A 6. Consider approving a contract with Marsh Waterproofing, Inc., of Vidor, for maintenance and repair services for use by the Facilities Maintenance Department 7. Consider authorizing the City Manager to enter into an agreement with Evergreen Solutions, LLC to conduct a compensation and classification study 9. Consider authorizing the City Manager to apply, and if approved, enter into an Advanced Funding Agreement with the Texas Department of Transportation for the Highway Safety Improvements Program 9. Consider amending Resolution No. 21-111 that the Beaumont City Council meet with the Board of Trustees of the Beaumont Independent School District a minimum of two meetings per year, instead of quarterly, to discuss items of inutual benefit or concern 10. Consider authorizing a Gas and Purchase Agreement with OCT Fuels USA Inc. 11. Consider authorizing the City Manager to enter into an agreement with HillCo Partners of Austin, to provide legislative services PUBLIC HEARING Receive comments on a determination of the Public Health Director that public health nuisances exist on the properties owned by James Eller Jr at 2332 Evalon; Karen Placette at 9310 Josey; Artna Mae Wilridge at 1145 Goliad and James Callas at 5345 Rosemary, 5375 Rosemary and 5395 Rosemary 12. Consider a resolution finding and ratifying the determination of the Public Health Director that public health nuisances exist on the properties owned by James Eller Jr at 2332 Evalon; Karen Placette at 9310 Josey; Azusa Mae Wilridge at 1145 Goliad and James Callas at 5345 Rosemary, 5375 Rosemary and 5395 Rosemary PUBLIC HEARING Dangerous Structures 13. Consider an ordinance to declare 50 structures to be unsafe structures and order the owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without Airther notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in Rill or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance WORK SESSION Review and discuss programs of the Texas Film Commission Review and discuss amending the Code of Ordinances related to various Health Department requirements and fees COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Goverranent Code: The claim of Henry Moore The claim of Michael Murray The claim of First Fleet To e Frazier v City of Beaumont; Cause No. E-206,919 Robert Cooley v City of Beaumont: Cause No. 0137252 Persons with disabilities who plan to attend this sleeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. PUBLIC HEARING: January 24, 2023 Unsafe Substandard Structures Consider approval of an ordinance declaring certain structures to be unsafe substandard structures and ordering their renioval within 10 days or authorizing the property owner to enroll the unsafe structure in a work program. 1. 1485 AVENUE G - STRUCTURE 1 1580 AVENUE G - STRUCTURE 3, 5760 BIGNER-INCLUDES SHED 4. 890 BOYD -- STRUCTURE 5. 990 BOYD - INCLUDES GARAGE 6. 995 COTTONWOOD --- STRUCTURE 7. 1455 COTTONWOOD -- INCLUDES CARPORT & 2 SHEDS 8. 3330 DOGWOOD - STRUCTURE 9. 5725 DOWNS - STRUCTURE 10. 1255 EUCLID - INCLUDES GARAGE 11, 2332 EVALON - INCLUDES CARPORT & SHED 12, 1735 FAIRWAY - STRUCTURE 13, 2095 FILLMORE - STRUCTURE 14. 2110 FOCH -- STRUCTURE 15. 7860 FOX CV -MOBILE HOME & CAMPER 16. 6630 FRINT - INCLUDES SHED 17. 1355 FULTON -- STRUCTURE 18. 6160 GARNER- INCLUDES 2 SHED & GARAGE 19. 1390 GILBERT - GARAGE APARTMENT ONLY 20. 1040 GOLIAD - INCLUDES GARAGE 21, 1160 GOLIAD - STRUCTURE 22. 7645 GREENFIELD -MOBILE HOME 23. 1210 HOUSTON -- COMMERCIAL 24. 4520 IRONTON -INCLUDES SHED 25. 3220 LAMPASSAS - STRUCTURE 26. 1370 W LAVACA - INCLUDES POOL - COMMERCIAL 27. 3810 E. LYNWOOD-STRUCTURE 28. 1359 MAGNOLIA -COMMERCIAL 29. 2485 MAGNOLIA -STRUCTURE 30, 320 MANNING - STRUCTURE 31, 430 MANNING - STRUCTURE 32. 3505 MARIE -STRUCTURE 33. 2550 MILAM - INCLUDES SHED & DUPLEX (2540) 34. 8375 OAK RIDGE -STRUCTURE 35. 4795 PARK -STRUCTURE 36, 1060 PIPKIN - INCLUDES GARAGE APARTMENT 37. 614 PRINCE - INCLUDES SHED 38. 7795 SAN DIEGO -- STRUCTURE 39. 2798 SAN JACINTO -- INCLUDES GARAGE 40. 2915 SAN JACINTO -- STRUCTURE 41. 2455 SOUTHERLAND -- STRUCTURE 42. 3438 ST JAMES - INCLUDES SHED 43. 4565 STEELTON -INCLUDES SHED 44. 710 SUNNYSIDE - STRUCTURE 45. 3395 TALIAFERRO - COMMERCIAL 46. 340 E. THREADNEEDLE - INCLUDES GARAGE 47. 4020 USAN -- STRUCTURE 48. 3880 WACO -INCLUDES SHED 49. 1720 WASHINGTON -- GARAGE ONLY 50. 2910 WILLARD -INCLUDES SHED TEXAS TO: City Council FROM: Kenrieth R. Williams, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: January 24, 2023 REQUESTED ACTION: Council consider approval of the January 10, 2023 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 January 10, 2023 Chris curio, Mayor Pro Tern Tina Broussard, City Clerk Kenneth R. Williams, 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 January 10, 2023, 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 — Mural Fest Presentation Public Comment: Persons may speak on the Consent Agenda and Agenda items 2-14 & 16 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Christopher Neal with Douglas Memorial CME 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 Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Recognition" -- The Golden Triangle Nurses Association, Presented by Misty Dantin, RN along with other RN's "Presentation" — Mural Fest, Presenter Min Dai, CEO of Obana Restaurant Group Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments, Public Comment: Persons may speak on the Consent Agenda and Agenda Items 2-14 & 16 Tony Renfro 6110 Bankston Ln. Beaumont TX Spoke to Council regarding item #4 on the agenda; as well as increases for Council Minutes —January 11, 2023 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 December 12, 2022, City Council Meeting Minutes B. Approve cancellation of a software contract with Kronos Workforce Dimensions, from Kronos, Inc. of Lowell, Massachusetts - Resolution 23-001 C. Approve a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in Barrington Heights Subdivision, Phase XIII - Resolution 23-002 D. Authorize the City Manager to execute an Industrial District Agreement with Kotch Fertilizer - Resolution 23-003 E. Authorize the City Manager to execute an Industrial District Agreement with TotalEnergies - Resolution 23-004 F. Approve a contract with I.C. Systems, Inc., of Saint Paul, Minnesota for collection services to be used by Central Collections - Resolution 23-005 H. Approve an annual contract with SanServe of Beaumont, for custodial services at Facilities Maintenance - Resolution 23-007 I. Authorize the settlement of the claim of Devin O'Haver - Resolution 23-008 Councilmember Neild moved to approve the Consent Agenda excluding Item G. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED G. Approve a contract with Delk Construction Inc., of Port Arthur, for the phase II renovation of the Municipal Court Building - Resolution 23-006 Councilmember Feldschau moved to approve Item G on the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TE;M DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE ABSTAIN: COUNCILMEMBER NEILD Minutes - January 11, 2023 MOTION PASSED WORK SESSION Review and discuss organizational realignment, including changing divisions to departments and the funding of Assistant City Managers, Communications and Parks Directors, to improve productivity and efficiency for the City of Beaumont Councilmember Turner left the meeting at 3:22 p.m. AGENDA Consider a request for a Specific Use Permit to allow a vehicle storage facility in a GC -MD (General Commercial -Multiple -Family Dwelling) District located at 1035 Grand Street, Obay Naser requests approval of a Specific Use Permit to operate a vehicle storage facility located at 1035 Grand Street. Mr. Naser has been operating with Hawk Towing Service for three (3) years and is relocating his business to be in conjunction with an existing automotive repair shop. A total of four (4) employees, to include two (2) drivers, one mechanic, and one office personnel. Section 28.04.008(15) Special Conditions states, "in a GC -MD District a towing service... storage of more than ten (10) vehicles shall be permitted only with a specific use permit." The City of Beaumont Police Department requires all towing services to be registered with the city, in addition to bearing proof of being licensed and permitted as a tow truck pursuant to state statutes. In order to be considered on the City's Tow Rotation list, the towing service must have a physical location and be fully registered with the city, including adhering to all requirements as set forth in Section 6.08 Tow Trucks, Towing Companies and Tow Truck Operators of the City's Ordinances. At a Joint Public Hearing held on December 19, 2022, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a vehicle storage facility in a GC -MD (General Commercial -Multiple -Family Dwelling) District, with the following conditions: 1. The applicant shall be in conformance with all City of Beaumont Police requirements. 2. The applicant shall obtain an issued Certificate of Occupancy from Building Codes. 3. Inoperable vehicles shall not be located outside of private property. 4. If applicable, any lighting installed on the property shall deflect away from neighboring residences. Approval of the ordinance with the following conditions: 1. The applicant shall be in conformance with all City of Beaumont Police requirements. 2. The applicant shall obtain an issued Certificate of Occupancy from Building Codes. 3. Inoperable vehicles shall not be located outside of private property. Minutes —January 11, 2023 4. If applicable, any lighting installed on the property shall deflect away from neighboring residences. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A VEHICLE STORAGE FACILITY IN A GC -MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1035 GRAND STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-001 2. Consider a request for an abandonment of the alleyways in Blocks 1, 2, 3, and 4 of the Calder Addition and the right-of-way abandonment of the 600 Block of Forrest Street. Barbara Wilson, along with most of the adjacent property owners, would like to request the abandonment of the alleyways in Blocks 1-4 of the Calder Addition and a portion of Forrest Street. This location is experiencing issues with people loitering along the street and alleyways. Neighboring properties would like to fence these areas, preventing access to the public. Beaumont Fire is in favor of the presented abandonment of Forrest Street, as long as the pavement remains. Also, any gate installed restricting access to the abandoned properties must be a minimum 12' wide with a Knox padlock for fire access. Public works is not opposed to the abandonment but wants to be clear that the pavement and roadway would no longer be maintained by the city for any portion of Forrest Street that is abandoned. In addition, any streetlights would need to be removed or transferred into the private account of the new property owner. At a Joint Public Hearing held on October 17, 2022, the Planning Commission recommended 6:0 to approve the request an abandonment of the alleyways in Blocks 1, 2, 3, and 4 of the CalderAddition and the right-of-way abandonment of the 600 Block of Forrest Street, with the following conditions: All alleyways and streets to be abandoned will be retained as utility and access easements. 2. Pavement for abandoned portions of Forrest Street will no longer be maintained by the City of Beaumont. 3. Streetlights in abandoned portions of Forrest Street must be removed or transferred into a private account. 4. Any gate installed to restrict access to the alleys or abandoned street must beat least 12' wide with Knox padlocks for fire access. Minutes — January 11, 2023 5. If approved, the applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on the city Council's agenda. All of the required items for the condition have been submitted. Approval of the ordinance with the following conditions: All alleyways and streets to be abandoned will be retained as utility and access easements. 2. Pavement for abandoned portions of Forrest Street will no longer be maintained by the City of Beaumont. 3. Streetlights in abandoned portions of Forrest Street must be removed or transferred into a private account. 4. Any gate installed to restrict access to the alleys or abandoned street must beat least 12' wide with Knox padlocks for fire access. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING ALLEYWAYS LOCATED IN BLOCKS 1,2,3 AND 4 OF THE CALDER ADDITION, AND THE RIGHT-OF-WAY ABANDONMENT OF THE 600 BLOCK OF FORREST STREET, WITH THE CONDITIONS, IN BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tem Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-002 Councilmember Turner returned to the meeting at 3:24 p.m. 3. Consider an ordinance establishing the City Communications Department, Parks Department and Recreation Department. In an effort to improve and enhance the services provided by the City of Beaumont, the Administration is proposing to establish two new departments within the organizational structure of the City. Elevating City Communications to a full department will ensure the continuation of recent improvements in delivering information and content to our citizens through a variety of traditional and social media channels. In addition, the Administration is proposing to reorganize the Parks and Recreation Department into a new Recreation Department, focused on recreation, whereas the existing Parks Department will focus on maintaining and enhancing park facilities, highway maintenance and beautification. In accordance with Article XIII of the City Charter, departments of the City are to be established by ordinance. Minutes —January 11, 2023 Funds will come from the General Fund. Approval of the Ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ESTABLISHING THE DEVELOPMENT OF THE CITY COMMUNICATIONS DEPARTMENT, THE RECREATION DEPARTMENT AND THE PARKS DEPARTMENT. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TE,M DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-003 4. Consider an ordinance amending FY 2023 Budget. In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendment will ensure that expenditures are within the approved budget. In accordance with Article XI I I of the City Charter, there shall be a Finance Department and such other departments and offices as may be established by ordinance. At the head of each department there shall be a director who shall have supervision and control of the department subject to the supervision and approval by the City Manager except as specifically provided otherwise by the Charter. Approving the proposed amendment will ensure that the creation of new departments is in accordance with the Charter. During the fiscal year 2023, two Assistant City Manager (ACM) positions were created and filled. Those positions were not accounted for in the original budget as the details were not known during the budget process. Also, during fiscal year 2023, three division managers were promoted to department director status. This included the Chief Technology Officer, over the existing Information Technology Department, the Director of the proposed Communications Department, previously a division, and the Director of the proposed Recreation Department which was part of Parks and Recreation Department. The division of Parks and Recreation Department into two separate departments will not impact the budget. The two new ACM positions and the promotion of two department directors have an estimated additional cost of $548,000.00 since the time of their creation to the end of this fiscal year. While such budget amendments typically take place at the end of the fiscal year, due to the proposed reorganization necessary to improve and enhance the delivery of City services, it is appropriate to take this action now. General Fund Original Budget Proposed Amended Budget Amendment Minutes — January 11, 2023 Total Expenditures $145,612,400 $548,000.00 $146,1601,400 Funds will come from the General Fund. Approval of the Ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2023 TO APPROPRIATE ADDITIONAL. REVENUES IN THE GENERAL FUND. Councilmember Samuel seconded the motion, AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: COUNCILMEMBER NEILD MOTION PASSED Ordinance 23-004 5. Consider authorizing the City Manager to accept maintenance and authorize final payment to Greenscapes Six for the Concrete Pavement Repair City Wide Phase II Project. On February 15, 2022, by Resolution No. 22-056, the City Council awarded a contract to Greenscapes Six, LLC, of Baytown, in the amount of $2,397,669.50, for the Concrete Pavement Repair City Wide Phase II Project, Previous Change Order Nos. 1-3, in the amount of $17,435.00, are included for review. 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 $120,755,23 is recommended. Funds will come from the Capital Program and the Street Rehabilitation Program. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT THE MAINTENANCE AND EXECUTE FINAL PAYMENT TO GREENSPACES SIX, LLC, OF BAYTOWN, TEXAS IN THE AMOUNT OF $120,755.23. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-009 Minutes —January 11, 2023 6. Consider authorizing the lease of thirty-nine vehicles with Enterprise FM Trust. In September of 2016, City Council approved an equity lease agreement with Enterprise FM Trust (EFM) through Resolution No. 16-187. The contract was awarded by the City to EFM by utilizing the TIPS USA cooperative contract #2072816. The City of Beaumont's fleet includes over 400 vehicles that are lightweight or medium sized vehicles. These vehicles range in age from new to more than 20 years old with the average age of eleven (11) years. Each year during the budget process, all fleet vehicles are looked at for age, mileage, maintenance and repair cost, and priority in providing city services to determine if they need to be replaced. EFM's fleet management program provides a solution to this problem of aging vehicles through equity leases and resale. The equity lease is typically for a term of five years. At the end of the lease term the City can either purchase the vehicle for the residual value or can have EFM sell the vehicle through auction whereby the City receives the net proceeds. At that time the city can either keep the proceeds or use them to put another new vehicle under lease. The advantages to this program include the creation of a replacement cycle for City vehicles that tend to be left behind, improved fuel efficiency, reduced maintenance costs, higher resale return through a broad and well -established resale network and more properly matched vehicles to the needs of the operation. There are no wear and tear penalties, or mileage restrictions built into the lease. The Texas Local Government Code Chapter 791 allows a governmental agency to enter a joint purchasing agreement. The City entered this lease agreement with EFM through Region VIII Education Services Center, The Interlocal Purchasing System or TIPS which awarded a competitively bid contract. Funds will come from the Capital Reserve Fund - $152,536.08, Water Utilities Fund - $103,229.88 and Solid Waste Fund - $53,886.36. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO LEASE THIRTY-NINE (39) VEHICLES FOR USE BY THE VARIOUS CITY DEPARTMENTS PURSUANT TO THE EXISTING MASTER EQUITY LEASE AGREEMENT AS AMENDED BETWEEN THE CITY OF BEAUMONT AND ENTERPRISE FM TRUST. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-010 Minutes — January 11, 2023 7. Consider authorizing the City Manager to execute Change Order No. 1, accept maintenance and authorize final payment to Pro Pipe, Inc. for the 4th Street Storm Sewer Inspection Project. On May 10, 2022, by Resolution No. 22-123, the City Council awarded a contract to Pro Pipe, Inc., of Irvine, California, in the amount of $219,040.00, for the 4tn Street Storm Sewer Inspection Project, Proposed Change Order No. 1, in the amount of ($43,415.52), 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 $175,624.48. 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 Change Oder Na. 1, maintenance, and final payment in the amount of $106,457.84 is recommended. Funds will come from the Capital Program. Approval of the resolution. Mayor Pro Tem Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1, MAINTENANCE, AND FINAL PAYMENT IN THE AMOUNT OF $106,457.84 TO ADJUST THE ESTIMATED QUANTITIES TO REFLECT THE ACTUAL QUANTITIES USED IN THE COMPLETION OF THE PROJECT, THEREBY BRINGING THE, NEW CONTRACT AMOUNT TO $175,624.48. Councilmember Samuel seconded the motion. AYES'. MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-011 8. Consider approving a contract with Ford Audio -video Systems, LLC of Houston, to replace the Council Chambers audio system for use in Council Chambers, the City website, and Channel 4 TV. The current audio system that is used to record City Council Meetings posted on the City's website and Channel 4 TV has reached its end of life and needs to be replaced. Total project cost for the new system will be $67,308,00, This project will include replacing all microphones, speakers, and cabling. Installing a remote mute button that will allow the mayor to mute the podium. Functionality for hybrid council meetings will be completed with the addition of audio functionality. The video functionality is already in place for hybrid council meetings. Pricing was obtained through BuyBoard. Contracts and vendors awarded through BuyBoard have been competitively procured, to assist members with compliance with Texas local and Minutes —January 11, 2023 state procurement requirements and a documented audit trail. Funds will come from the PEG Fund and Capital Reserve Fund. Approval of resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE FOR THE REPLACEMENT OF THE COUNCIL CHAMBERS AUDIO SYSTEM FROM FORD AUDIO -VIDEO SYSTEMS, LLC, OF HOUSTON, TEXAS FOR THE USE IN THE RECORDING OF CITY COUNCIL MEETINGS, IN THE AMOUNT OF $67,308.00 AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL DOCUMENTS RELATING TO THE PURCHASE OF AUDIO -VIDEO EQUIPMENT FROM FORD AUDIO -VIDEO SYSTEMS, LLC, OF HOUSTON, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS; NONE MOTION PASSED Resolution 23-012 9. Consider authorizing the City Manager to enter into an agreement with Covington NAH to repair and refinish the Sterling Pruitt Activity Center gym floor. Pricing was obtained from Covington NAH utilizing the Buy Board procurement process. The Buy Board method provides municipalities with the means to purchase construction services and products at competitive prices contracted under the procurement statues of the State of Texas. Covington NAH's bid, utilizing the Buy Board process, is in the amount of $75,846.00. During the budget preparation process in 2022, the project was estimated to cost $65,600.00 therefore the project exceeds the budgeted amount by $10,246.00. The gym floor at the Sterling Pruitt Activity Center was originally installed in 2007. The current Robbins Pulastic® flooring system is fifteen (15) years old and is experiencing surface wear issues due to heavy usage over the past fifteen years. This project will consist of repairing damaged or cut sections of the flooring, installation of a 1.5 mm overpour of new Robbins Pulastic® resin finish, court markings for basketball and volleyball, new rubber cove base, and new metal edge trim at all termination points in the flooring system. This project is necessary to keep the playing surface safe, slip resistant, and improve the overall appearance of the floor. Funds will come from the Capital Reserve. Approval of the resolution. Councilmember Turner moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH COVINGTON NAH, OF HOUSTON, TEXAS UTILIZING THE BUY BOARD PROCUREMENT PROCESS FOR THE AMOUNT OF $75,846.00 TO REPAIR Minutes —January 11, 2023 AND REFINISH THE STERLING PRUITT ACTIVITY CENTER GYM FLOOR LOCATED AT 2930 GULF STREET, BEAUMONT, TEXAS. Mayor Pro Tem Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-013 10. Consider authorizing the City Manager to notify the Lower Neches Valley Authority of the City's desire to extend a five-year term agreement to secure an uninterrupted surface water supply for the City of Beaumont. The City of Beaumont has 50 million gallons per day of run of river surface water rights from the Neches River. During periods of drought and/or low rainfall, run of river may not have the volumes required to meet the City's potable water demand. Therefore, releasing stored water owned by the LNVA from Sam Rayburn Reservoir and/or B.A. Steinhagen Lake is necessary to provide uninterrupted potable water to the citizens. On April 24, 2018, by Res. No. 18-087, City Council authorized the City Manager to extend a five (5) year Water Supply Agreement and Mutual Release with LNVA to secure an uninterrupted surface water supply which had expired. Per the terms of the agreement, the City shall deliver written notice of intent to extend the term for an additional five (5) years. The written notice will also update the City Manager and City Attorney positions in the Contract. Funds will come from the Water Utilities Fund. Approval of the resolution. Councilmember Felschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH THE LOWER NECHES VALLEY AUTHORITY (LNVA), TO EXTEND A FIVE (5) YEAR TERM TO SECURE AN UNINTERRUPTED SURFACE WATER SUPPLY FOR 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 23-014 11. Consider authorizing the City Manager to execute an Interlocal Agreement with the Port of Beaumont Navigation District The Port of Beaumont Navigation District wishes to enter into an Interlocal Agreement with the City of Beaumont to exchange land pursuant to the authority, under the provisions of, Minutes --January 11, 2023 and in accordance with Chapter 791 of the Texas Government Code. The Port intends to expand their existing Buford Rail Yard Interchange Track to increase the efficiency of operations and adjust to the growing infrastructure needs associated with moving goods and services to and from the Port. "Attachment B," of the agreement displays the land Port is to acquire for the land exchange. A note, the right-of-way along Sabine Pass Avenue between Blanchette Street and Emmett Avenue was abandoned by the Port and approved by Council in December 2022. In exchange, as the city formalizes plans towards the development of Riverfront Park, we will acquire land along the existing railroad track and the Neches River. "Attachment A," of the agreement displays the land the Port intends to deed the city should this Interlocal Agreement be approved. This agreement is intended to be beneficial to both the City and the Port and its citizens for the exchange of property to support economic growth. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE PORT OF BEAUMONT NAVIGATION DISTRICT, TO EXCHANGE LAND PURSUANT TO THE AUTHORITY, UNDER THE PROVISIONS OF, AND IN ACCORDANCE WITH CHAPTER 791 OF THE TEXAS GOVERNMENT CODE AND TO INCREASE THE EFFICIENCY OF OPERATIONS AND ADJUST TO THE GROWING INFRASTRUCTURE NEEDS ASSOCIATED WITH MOVING GOODS AND SERVICES TO AND FROM THE PORT OF BEAUMONT. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS; NONE MOTION PASSED Resolution 23-015 12. Consider approving the exchange of property with the Port of Beaumont Navigation District. On December6, the City Council approved Ordinance No. 22-083 vacating and abandoning a portion of Sabine Pass Avenue between Blanchette Street and Emmett Avenue and retaining a general utility easement. The abandonment of Sabine Pass Avenue is subject to the Port of Beaumont Navigation District ("Port') conveying a 6.710-acre tract which is the unused portion of the former rail yard located between the Beaumont Civic Center and Riverfront Park, The Port has agreed to exchange the real property with the City of Beaumont ("City") to support the economic growth of the Neches River. The Port will deed its interest in the property being identified as 6.710 acres of land, part of the Noah Tevis Survey, Abstract No. 52 however the Port will Save and Except that 2.641 acre of land being part of the 6.710-acre tract. The Port and City deem it to be in the best interest of both parties to exchange the 6.710 Minutes —January 11, 2023 acre except 2.641 in return for the abandonment of Sabine Pass Avenue. The swap of the property will allow the City to develop Riverfront Park and the Neches River. Approval of the resolution. Councilmember Neild moved to APPROVE, A RESOLUTION THAT THE PORT HAS AGREED TO EXCHANGE THE REAL PROPERTY WITH THE CITY OF BEAUMONT ("CITY") TO SUPPORT ECONOMIC GROWTH OF THE NECHES RIVER, THE PORT WILL DEED ITS INTEREST IN THE PROPERTY BEING IDENTIFIED AS 6.70 ACRES OF LAND, PART OF THE NOAH TEVIS SURVEY, ABSTRACT NO.50, HOWEVER THE PORT AND SAVE AND EXCEPT THAT 2,641 ACRES OF LAND BEING PART OF THE 6.710-ACRE TRACT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE EXCHANGE OF PROPERTY WITH THE PORT OF BEAUMONT NAVIGATION DISTRICT. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-016 13. Consider authorizing a contract with BCBS for Stop Loss Insurance. The City's health insurance plans are self -insured as opposed to fully funded plans to reduce health related costs to the City. However, to protect the city from large health claims by any one individual, stop loss coverage is purchased to cover claims that exceed $275,000. At the end of each calendar year, the City's benefits consultant (Holmes Murphy) gathers the claims history of that year and solicits quotes from the market and negotiates the most favorable terms for the City. This year 7 carriers were contacted, and 7 quotes were received. BCBS responded with a quote of $1,641,139 and other vendors responded with quotes ranging from $1,800,537 to $2,136,796 with the same terms. BCBS currently holds the contract. Funds will come from the Employee Benefits Fund. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH BCBS FOR STOP LOSS INSURANCE IN THE AMOUNT OF $1,664,484.00. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes —January 11, 2023 Resolution 23-017 14. Consider authorizing the emergency repair of a sewer cavity under the Union Pacific Railroad at West Florida Avenue and Avenue A. On November 30, 2022, the city was made aware that a sewer main failure under the Union Pacific Railroad had resulted in a cavity that formed in the street at West Florida Avenue and Avenue A, which was in need of immediate repair. An emergency contract has been put in place with To-Mex Construction, LLC of Houston, in the amount of $316,989.90 to complete the repairs. Funds will come from the Capital Program - Sewer Main Repair. Approval of the resolution. Mayor Pro Tern ❑urio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN EMERGENCY CONTRACT WITH TO-MEX CONSTRUCTION, LLC, OF HOUSTON, TEXAS IN THE AMOUNT OF $316,989.90 TO COMPLETE REPAIRS OF A SEWER MAIN FAILURE UNDER THE UNION PACIFIC RAILROAD THAT RESULTED IN A CAVITY THAT FORMED IN THE STREET AT WEST FLORIDA AVENUE AND AVENUE A. Councilmember Feidschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-018 PUBLIC HEARING Receive comments related to the city submitting a grant application to receive operating assistance funding for The Zip, formerly known as Beaumont Municipal Transit Public Hearing Open: 4:01 p.m. None Public Hearing Closed: 4:01 p.m. 15. Consider authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration to receive operating assistance funding for The Zip, formerly known as Beaumont Municipal Transit. The Zip, formerly known as Beaumont Municipal Transit, has prepared a grant application for FY2022 grant funds from the FTA. The grant will help fund labor, fringe benefits, vehicles, parts and supplies, purchased services, utilities, insurance, licenses, and all other Minutes —January 11, 2023 miscellaneous expenses needed for the operation and maintenance of the Zip in FY2022. In addition, funds will be used to add and/or enhance heavily utilized bus shelters throughout the City. The grant period runs from October 1, 2022, through September 30, 2023. Funds will come from the Federal Transit Administration. Source Amount FTA 5307 Grant $2,917,858 City Share $2,087,097 State $248,370 City Share $62,095 Total: $5,315,420 Conduct a public hearing and approve the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SUBMIT A GRANT APPLICATION FOR FY 2022 GRANT FUNDS FROM THE FEDERAL TRANSIT ADMINISTRATION (FTA) AND EXECUTE A CONTRACT WITH FEDERAL TRANSIT ADMINISTRATION (FTA) TO RECEIVE OPERATING ASSISTANCE FUNDS FOR ZIP, FORMERLY KNOWN AS BEAUMONT TRANSIT IN THE AMOUNT OF $5,315,420.00 FROM OCTOBER 1, 2022, THROUGH SEPTEMBER 30, 2023. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-019 COMMENTS Public Comments (Persons are limited to three minutes) Janet Polar 5320 Phelps Rd. Beaumont TX Commented on the great job that Council is doing and the things that they are planning to do, encouraged them to be of good faith, stated that her and her husband are retired firemen from Portsmouth Virginia, her husband is a native of Beaumont, stated that the Council has worked better than any other Council that she's seen in a long time, asked that they continue to work together, also commented on the Lakeside Center and what a wonderful facility it is, asked that Council keep the communication lines open with the citizens Maurice Johnson 1125 Lyle St. #4 Beaumont TX Stated that he's having issues with people taking over his apartment complex and the changes that have been made, he's tried to speak with the managers about making repairs Minutes —January 11, 2023 and they still haven't made any repairs, made comments regarding his rent, he's asking for help regarding this issue Will Jenkins 5670 Calder Beaumont TX Stated he's with Giglio Distributing, spoke to Council regarding the property at 125 Magnolia, informed Council that the company has been in downtown since 1955, they won't need to utilize the parking lot on the Magnolia side which is next to the skate park, the City can continue to use that parking if Giglio were awarded the sale of the property, spoke of additional parking, stated they will take care of anything on the back side of the building as well as a mural, thanked Council for their willingness to serve Addle Allen 9695 Gross St. Beaumont TX Wished everyone a Happy New Year, thanked Mr. Williams for the organizational structure and hopes that there will be a benchmark soon to see the progress, also commented on item #13 on the agenda; BCBS Stop Loss Insurance, wanted to know if the city was insured or uninsured, commented on item #15, Beaumont Transit (Zip), stated that she knows that last summer there was a request for a six month ridership study, commented on citizens and the bond rating, stated that she's not hearing a lot about what is being done for the citizens, the kids are still in need of sidewalks in front of Beaumont United as well as several other schools, stated that the City Charter states that the city is responsible for the sidewalks, something needs to be done, asked that Council to look into this matter, it's very important Vernon Durden 16436 Westbury Rd. Beaumont TX Thanked the City Manager regarding the loss of population, he seems to be addressing those items, commented on the ridership study of the buses, every city needs to have public transportation, it needs to stay, let's keep the buses no matter the cost * Councilmembers/City Manager/City Attorney comments on various matters MAYOR PRO TEM DURIO - THANKED CITY MANAGER FOR THE, PRESENTATION, THANKED HIS CONSTITUENT, FRIEND AND NEIGHBOR MS. POLAR FOR HER COMMENTS EARLIER, IT'S GOOD TO HAVE OUR CONSTITUENTS SAY POSITIVES THINGS ABOUT BEAUMONT AND THEIR APPRECIATION FOR WHAT THE COUNCIL DOES COUNCILMEMBER GETZ - WISHED EVERYONE A HAPPY NEW YEAR, CAVE CONDOLENCES TO THE FAMILIES OF NATALIE GREENBERG, CHUCK MASON AND KARL DUERR COUNCILMEMBER TURNER - THANKED COUNCILMEMBER FELDSCHAU FOR THE COMPLIMENT EARLIER, WISHED COUNCILMEMBER NEILD A HAPPY BIRTHDAY, COMMENTED ON AN IDEA THAT HE SAW IN HOUSTON, TX., REGARDING THE JOB SHORTAGE, STATED THAT THEY PUT QR CODES IN THEIR CITY FACILITIES AS WELL AS THEIR BUS STOPS, THINKS THIS WILL BE A GREAT IDEA, HOPES IT'S SOMETHING THE CITY CAN LOOK INTO Minutes — January 11, 2023 COUNCILMEMBER FE,LDSCHAU - WISHED EVERYONE A HAPPY NEW YEAR, WISHED COUNCILMEMBER NEILD A HAPPY BIRTHDAY AND WELCOMED ASSISTANT CITY MANAGER JUNE ELLIS TO BEAUMONT COUNCILMEMBER SAMUEL - WISHED EVERYONE A HAPPY NEW YEAR, WISHED COUNCILMEMBER NEILD A HAPPY BIRTHDAY, EXTENDED CONDOLENCES TO THE FAMILY OF JOHN K. DAVIS, WHO PASSED AWAY, HAPPY FOUNDERS DAY COUNCILMEMBER NEILD - NONE CITY ATTORNEY REED - CLARIFIED SEVERAL COMMENTS THAT WERE MADE DURING PUBLIC COMMENTS, STATED THAT THE CHARTER WAS AMENDED IN THE PREVIOUS ELECTION, IF AN UPDATED COPY IS NEEDED ONE CAN BE PROVIDED IN THE CITY CLERK'S OFFICE FOR A FEE, THE CITY 1S SELF -INSURED AND DOES OFFER EMPLOYEES AN ASSISTANCE PROGRAM THROUGH CITY INSURANCE, THE CITY'S PROPERTIES ARE INSURED SEPARATELY, WISHED COUNCILMEMBER NEILD A HAPPY BIRTHDAY, OFFERED CONDOLENCES TO THE MASON AND DAVIS FAMILY, WISHED COUNCILMEMBER NEILD A HAPPY BIRTHDAY, WELCOME TO MR. JUNE ELLIS, ALSO TODAY MARKS HER ONE YEAR ANNIVERSARY IN THIS POSITION, SHE'S EXCITED ABOUT THAT, WISHED A HAPPY FOUNDERS TO THE DELTA SIGMA THETA SORORITY, WHO IS CELEBRATING THEIR 11 OTH YEAR CITY MANAGER WILLIAMS - COMMENTED ON THE GREAT THINGS THAT HE AND THE ASSISTANT CITY MANAGERS WILL BE DOING, STATED THAT THEY WILL BE PROVIDING COUNCIL WITH FEEDBACK AS TO THEIR ACCOMPLISHMENTS, WISHED COUNCILMEMBER NEILD A HAPPY BIRTHDAY AND GLAD MAYOR PRO TEM DURIO IS FEELING BETTER MAYOR MOUTON - WISHED COUNCILMEMBER NEILD A HAPPY BIRTHDAY, THANKED THE CITY MANAGER FOR THE ORGANIZATIONAL CHART PROVIDED TO COUNCIL, GAVE CONDOLENCES TO THE FAMILY OF FORMER COUNCILMEMBER JOHN K. DAVIS, REMINDED SENIORS TO DO THEIR FORM TO RECEIVE THE TEN Council recessed at 4:38 p.m. PERCENT DISCOUNT ON THEIR WATER BILL, COMMENTED ON THE SIDEWALKS THAT WERE MENTIONED IN PUBLIC COMMENTS EARLIER, STATED THIS IS A PRIORITY THAT SHE MAKE IN THIS NEW YEAR FOR HERSELF AND THIS COUNCIL, WISHED EVERYONE A HAPPY NEW YEAR AND WELCOMED MR. JUNE ELLIS, TO BEAUMONT EXECUTIVE SESSION Minutes —January 11, 2023 * Consider matters related to the deliberation on the purchase, lease, exchange or value of real property in accordance with Section 551.072 of the Government Code, to wit: Specifically, land owned by the City of Beaumont at 125 Magnolia, Beaumont, Jefferson County, Texas Council reconvened at 5:39 p.m. 16. Consider authorizing the City Manager to enter into negotiations for the sale or lease of property located at 125 Magnolia. Due to the extensive investment in the nearby Event Centre, Great Lawn, Lakeside Center, Skatepark and improved parking areas, the City acquired the building and property at 125 Magnolia in 2012 for $115,000. The purpose was to control the well -situated property should the City need the property or perhaps offer the property for a use that would positively contribute to the significant nearby investment. The current Appraisal District value is $244,928. In 2016, an offer from Parigi Property Management, LLC in the amount of $50,000 was rejected and an offer from BMG Realty, LLC in the amount of $150,000 was rejected. More recently, the City has been approached by groups interested in leasing or buying the property. In order to offer a more fair and transparent process, the property was offered for sale or lease through a formal Request for Proposals (RFP) process. Two proposals were received. They include: 1) Econautics Sustainability Institute LLC plan to restore the building and convert it into a community resilience center focused on increasing quality food access for income eligible families, to promote food security and the local food industry, to promote STEM education for B1SD and to facilitate community activities for the residents of Beaumont. Econautics proposes an initial two-year lease during the feasibility period for a nominal amount or acquisition of the property for $47,000. 2) Tideland Specialty Ltd, and Giglio Distributing seek to acquire and rehabilitate the building in order to establish an advertising and point of sale facility that will be occupied by sales staff that serve a trade area from Beaumont to Texarkana. Their offer to purchase the property is $300,000 and would also cover closing costs. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO NEGOTIATIONS FOR THE SALE OR LEASE OF THE PROPERTY AT 125 MAGNOLIA WITH TIDELAND SPECIALTY LTD, AND GIGLIO DISTRIBUTING. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS FELDSCHAU, SAMUEL AND NEILD NAYS: COUNCILMEMBERS GETZ AND TURNER MOTION PASSED Minutes — January 11, 2023 Resolution 23-020 Open session of meeting recessed at 5:49 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The claim of Stacey Lewis Caleb Fenter v. City of Beaumont and Chris S. Boone: Cause No. B-210244 Association of Firefighters Local 399 and Kenneth R. Williams: Cause No. D-210950 Robin Mouton, Mayor Tina Broussard, City Clerk Minutes — January 11, 2023 r BEAUMONT I T E X R TO: City Council FROM: Kenneth R Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: January 24, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to TRP Construction Group, LLC, of Fort Worth, for the Citywide Pavement Markings, Phase 11 Project. BACKGROUND On November 15, 2022, by Resolution No. 22-309, City Council awarded a contract to Barricades Unlimited, of Lubbock, in the amount of $699,671.52, for the Citywide Pavement Markings Phase 11 Project. Effective December 29, 2022, Barricades Unlimited, formally Crabtree Barricade Systems, Inc., officially became part of TRP Construction Group, LLC. TRP Construction Group, LLC has submitted all paperwork and documentation required for them to contractually take on the responsibility of the remaining work for this project. Due to the Notice to Proceed date coining after the purchase of Barricades Unlimited, there is no payment due to Barricades Unlimited for the project. Upon approval, all products and services will operate under the TRP Construction Group, LLC. FUNDING SOURCE Capital Program — Street Rehabilitation Program. RECOMMENDATION Approval of the resolution. a RESOLUTION NO.22-309 BE IT RESOLVED BY THE CITY COUNCIL OF THE: CITY OF IBEAUMONT: WHEREAS, -bids were .received for a contract, for the Citywide Pavement Marking, Phase II Project; and, WHEREAS, .Barricades Unlimited, 'of' Lubbock, Texas, submitted a said for ah estimated total amount of $699,671.52 showri;on ltXhibit "A;" attached hereto; and, WHEREAS, 'City Council is of the opinion that the bid subrnitted'by Barricades Unlimited, of Lubbock, Texas, should be accepted; _ NOW; THEREFORE, BE,IT RESOLVED BY THE. ' CITY COUNCUOF THE,CITY OF BEAUMONT: THAT the statements cad findings set out in the: preamble to this resolution are hereby, in -all things, approved and adopted; and, THAT the bid 'submitted by Barricades Unlimited, of':Lubbock,: Texas; for the Citywide Pavement.'Marking, Phase II Project, -which 'consists;:of-"the removal and installation of pavement markings on the '-following 'streets; Calder Avenue, Eleventh Street, .Folsom Drive,, Highland Avenue, Irving Avenue,: Lavaca: Strut,..Sarah Street, Madison Avenue, and Manion Drive, for an estimated total, amount :of $599;571.52 as shown on Exhibit "A,". attached hereto, be accepted by.the City,of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Barricades Unlimited, of Lubbock, Texas, for the purposes described Herein. The meeting at which this resolution was appro�e ,was inall .th hgs conducted in strict compliance with the Texas Open Meetings Act,'Texas G0'Vernment Cade, Chapter PASSED BY THE CITY COUNCIL of,,the-City-of Be0um6nt,.thi8:the.15th day of November, 2022,, " * A'LY �-. - Mayor Robin Mouton - RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on November 15, 2022, by Resolution 22-309, City Council awarded a contract to Barricades Unlimited, of Lubbock, Texas, in the amount of $699,671.52, for the Citywide Pavement markings Phase 11 Project; and, WHEREAS, effective December 29, 2022, Barricades Unlimited, formally Crabtree Barricade Systems, Inc., officially became part of TRP Construction Group, LLC., of Fort Worth, Texas, and has submitted all paperwork and documentation required for them to contractually take on the responsibility of the remaining work for this project; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the assignment of a contract TRP Construction Group, LLC., of Fort Worth, Texas, in the amount of $699,671.52, for the Citywide Pavement markings Phase II Project; and, THAT due to the Notice to Proceed date approaching after the purchase of Barricades Unlimited, of Lubbock, Texas, there is no payment due to Barricades Unlimited, of Lubbock, Texas for the project. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with TRP Construction Group, LLC., of Fort Worth, Texas, for the purposes described herein. Execution Version BILL OF SALE AND ASSIGNME' NT AND ASSUMPTION AGREiEMENT This BILL OF SALE AND ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Agreement') is dated as of December 29, 2022, by and between West Texas Barricades, L.L.C., a 'Texas limited liability company ("Assignor'), and TRP Construction Group, LLC, a Texas limited liability company ("Assignee"). Assignor and Assignee are sometimes each referred to herein as a "Party" and together as the "Parties." All capitalized terms used herein but not otherwise defined shall have the respective meanings ascribed to them in the Purchase Agreement (as defined below). WBEREAS, pursuant to that certain Asset Purchase Agreement, dated as of the date hereof, (the "Purchase Agreement"), by and between Assignor and Assignee, Assignor agreed to sell, assign, convey, transfer and deliver to Assignee, and Assignee agreed to purchase and acquire from Assignor, the Acquired Assets, and Assignee agreed to assume the Assumed Liabilities, upon the terms and subject to the conditions of the Purchase Agreement; and WHEREAS, pursuant to Section 3.02 of the Purchase Agreement, Assignor and Assignee agreed to enter into this Agreement pursuant to which the Acquired. Assets are being conveyed to Assignee and the Assumed Liabilities are being assumed by Assignee. NOW, THEREFORE, in consideration of the representations, warranties, covenants and agreements set forth in the Purchase Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, the Parties agree as follows: I, Sale and Assignment of Acquired Assets. Effective as of the Closing, on the terms and subject to the conditions set forth in the Purchase Agreement, Assignor hereby sells, assigns, conveys, transfers and delivers to Assignee, its successors and permitted assigns, free and clear of all Liens (except for any Permitted Liens), all of Assignor's right, title and interest in, to and under the Acquired Assets, and Assignee hereby purchases, acquires, accepts and takes assignment and delivery thereof Notwithstanding anything herein or in the other Transaction Documents to the contrary, Assignor shall retain, and shall not sell, assign, convey, transfer or deliver to Assignee, any of the Excluded Assets. 2. Assumption of Assumed Liabilities. Effective as of the Closing, on the terms and subject to the conditions set forth in the Purchase Agreement, Assignee hereby accepts the Acquired Assets and, pursuant to and in accordance with the terms and conditions of the Purchase; Agreement, hereby assumes the Assumed Liabilities. Notwithstanding anything herein or in the other Transaction Documents to the contrary, Assignee shall not acquire, assume or be liable for any of the Excluded Liabilities and Assignor will retain the Excluded Liabilities. 3, No Effect On Purcbase.Agreement. Nothing in this Agreement, express or implied, is intended to or shall be construed to modify, expand or limit in any way the terms of the Purchase Agreement. In the event of any conflict, inconsistency or ambiguity between the provisions of this Agreement and ofthe Purchase Agreement, the provisions of the Purchase Agreement shall govern and prevail, and any such provision in this Agreement shall be deemed to be amended to the extent necessary to eliminate any such conflict, inconsistency, ambiguity or difference. Exhibit "A" 4. Successors and Permitted Assigns. This Agreement may not be assigned by operation of law or otherwise without the express written consent of Assignor and Assignee, and any attempted assignment of this Agreement without suph consent shall be void and of no effect; provided, however, that, notwithstanding the foregoing, Assignee may assign this Agreement or any rights hereunder together with any permitted assignment of the Purchase Agreement. This Agreement and all the provisions hereof shall be binding upon and inure solely to the benefit of the Parties named herein and their respective successors and permitted assigns. 5. Further Assurances. Each Party hereto shall from time to time after the date hereof at the request of the other Party and without farther consideration execute and deliver to such other Party such additional instruments of conveyance in addition to this Agreement as such other Party shall reasonably request to consummate or evidence the transactions provided for herein, to accomplish the purpose hereof or to assure to such other Party the benefits hereof 6. Governing Law. Section 9.10 of the Purchase Agreement is hereby incorporated by reference, mutatis mutandis. 7. No Third Pgijy Beneficiaries. Section 9.08 of the Purchase Agreement is hereby incorporated by reference, mutatis mutandis. 8. Counterparts. Section 9.12 of the Purchase Agreement is hereby incorporated by reference, mutatis mutandis. 9. Amendment; Waiver. Section 9.09 of the Purchase Agreement is hereby incorporated by reference, mutatis mutandis. 10. Severability, Section 9.05 of the Purchase Agreement is hereby incorporated, mutatis mutandis, [Signature Page Follows] 2 IN WITNESS WHEREOF, the Parties have caused this Bill of Sale and Assignment and Assumption Agreement to be duly executed and delivered as of the date first written above. ASSIGNOR: WEST TEXAS BARRICADES, L.L.C. By: Name: Chris Boutwell Title: President ASSIGNEE: TRP CONSTRUCTION GROUP, LLC By: Name: Thomas Rod Pekurney Title: Chief Executive Officer and Secretary [Signature Page to Bill of Sale and Assignment and Assumption Agreement] IN WITNESS. WHEREOF, the Parties have caused this Bill of Sale and Assignment and Assumption Agreement to be duly executed and delivered as of the date first written above. ASSIGNOR: WEST TEXAS BARRICADES, L.L.C. By; Name: Chris Boutwell Title: President ASSIGNEE: TRP CONSTRUCTION GROUP, LLC i3ocuS€geed by: By: Name: Thomas Rod Pekumey Title: Chief Executive Officer and Secretary [Signature Page to Bill of Sale and Assignment and Assumption Agreement] BEAUMONT C TO: City Council FROM: Kenneth R, Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: January 24, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 7, accept maintenance, and authorize final payment to Brystar Contracting, Inc., of Beaumont, for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 4 Lift Stations Project. BACKGROUND On March 9, 2021, by Resolution No. 21-055, City Council awarded a contract to Brystar Contracting, Inc,, of Beaumont, in the amount of $1,320,000.00 for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 4 Lift Stations Project. Previous Change Order Nos. 1-6, in the amount of $53,970.70, are attached for your review. Proposed Change Order No, 7, in the amount of ($50,000.00), 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 $1,323,970.70. The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 7, maintenance, and final payment in the amount of $66,198.54 is recommended. FUNDING SOURCE Harvey Fund, Federal Emergency Management Agency Fund, and Water Utilities Fund, RECOMMENDATION Approval of the resolution. RESOLUTION NO.22-067 WHEREAS, on March 9, 2021 the City Council of the City of Beaumont, Texas passed,R,esolution No. 21-055 awarding a contract In the amodrlt of $1,320,000.00 to Brystar Contracting, Inc., of Beaumont, Texas, for the Lift Station & WWTP Repairs Tropical'Storm Harvey Group 4 Lift Stations Project; and, WHEREAS, on October 8, 2021, the City Manager executed Change Order No. 1, In the amount of $2,337.00, to delete four 16"x8' RC footings and install a 9'x7'x14" spread footing for the Fire Training Grounds lift station platform, thereby increasing the total contract amount to $1,322,337.00; and, ' WHEREAS, on December 20, 2021, the City Manager executed Change Order No. 2, in the amount of ($1,377.00), to remove and replace the control panels and all electrioal appurtenances on the existing service pole at the Pine Haven and Forest Glen lift stations, including -deleting the Installation of the proposed elevated platform and foundation, guard fence and 18" diameter HDPE driveway pipe, thereby decreasing the total contract amount to $1,320,900.00; and, WHEREAS, Change Order No, 3, In the amount of $34,190.00, is required to change the electrical service Installation at the Fire Training Ground, HIIlcrest, and Oak Ridge Lift Stations from underground to overhead Installation and relocate the standby generator receptacles to a location 4 ft above ground level at the Carpenter Road, Charles, Fire Trainlnd Grounds, Hiliorest Drive, Holiday, Major Drive, Martin, Oak Ridge, Tram Road, and Voth Road lift stations, thereby Increasing the total contract amount to $1,366,160.00; NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL. OF THE CITY OF BEAUMONT: THAT the statements and findings set out In ,the preamble to this resolution are hereby, In all things, approved and adopted; and, THAT the City Manager be and he Is hereby authorized to execute Change Order No. 3, In the amount of $34,190.00, for the additional work described above, ; thereby Increasing the total contact amount to $1,356,150.00 for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 4 Lift 5tatlon Project. The meeting at which this resolution wa's approved was In all things conducted In strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 661. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of March, 2022, �01��,UMO{yj.��t14 + . f Mayor Rabin Mouton RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on March 9, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-055 awarding a contract in the amount of $1,320,000.00 to Brystar Contracting, Inc., of Beaumont, Texas, for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 4 Lift Stations Project; and, WHEREAS, Change Order Nos. 1-6, in the amount of $53,970,70, are attached for your review; and, WHEREAS, Change Order No. 7, in the amount of, ($50,000.000) is required to adjust the estimated quantities in the contract to reflect the actual quantities used in completion of the project; and, WHEREAS, the project has been inspected by the Water Utilities Division and found to be complete in accordance with the provisions and terms set forth in the contract; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 7, in the amount of ($50,000.00), for additional work described above, thereby increasing the total contract amount to $1,323,970.00 for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 4 Lift Stations Project; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $66,198.54 to Brystar Contracting, Inc., 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 24th day of January, 2023. - Mayor Robin Mouton - APPROVAL OF CONTRACT CHANGE CIIANGE ORDER No. Six (6) Ohm, 'Saptenitior20,Wt Pnl7lECrr City bf 0ea0mont, 7axas , Llft 5totlon & WWtP Retlairs froplcol storm Harvey Grunp4jtffstntlnn1 ' Old no. WtJohi-10 owmir C. City of Jicalimo4,.'1'oxas t 001 MOM Street paaumont,7exas7770A � pNTIiAuront wAgrRatfactIng, Inc, 03o5 Ckrolcal Roaa lieagm?gT, Tops 7/705 Td mt AWNERs Apprdyi,l of Ili failnMog 0titrackchnngo Is raquastad, REASON FOR CHA114tTo lnstnll a 4$16mue-owdad 100A d1sconnact mlich haLWaah lhu MTS and i ntarpy rooter, Ipod,to fa�gcote'Ille FCrvlce penal to pp tiiavallgn [it 90 nisova tha 41AWnp grade nt Ilia Plna Hhvan and Forest Glen lift station, OBIG119A .ONTRACT AMOUNTI i $20 00b 00 tit:,VISEpCnN7ltAclgMaUNt'p):I1cyANa�agt�lrRNn,s - $ 1,3G9.7aA,70 TEil5 CHANGEOMAR rorastGlen l.11t:MOOR (FEMAPfpject•fla3$0A),Inslal)aCtistemer•b}vpad100Adisconnectswltgjt 4r593,00 belWean tiro MT$ and Enteray ntiater, and to relocate the service panel io 8n alaVottbn of 30" strove the eXlstlnll gr@dq . ftbp $4,593,00/IS 13 pinnHayehLift 5laltnn(FEMAPralaet03502), instatlncsrskamor•nwned.100Adisconnect witch $ e1,593,00 6atv/eon the MTS npd EntoraY!ngtar, and jo relocate thaaervlca ryanel to an ciavaUgrl of 3fi" auosdu the ggIslldtg Hinde, ADP $9,593.00/fS TOTAL AMOUNT OF TINS CHANGE anom $ 9,a86,afl TOTALIREVISED CONTRACTAMOU NT INCLUDING THIS CHANGE ORDER, Pl:ftgAr bx.,rH jS ctlApdffaRiJPR Y4fAt Pg400TCflm'6'9OHDtI TODATj CnNTRACi' TIME nrf$inal Conl`dn i:f Tiptat jinylsed Cartlracl tlgie paK pr nvlous Chelrge Qrdar� Additldtial Time raqulred 64 6brip ardai'r Rarliad Gdntract Tlma poir ittl! citpngo D(der S 1,973.47b:7r1 D,7o9i A,09;4 110 colendirrfoys 507 caleiidard.oVs .4) 6lnndaid* 507 4lanil'* } CggDIT(ON OF CIIAN69I vcootfti 6r aekl oWiii3ge5 nrid pgtft r5 Iltat tho ndfpslments In col tract prfea and Contract thin sllptllated In this Chanlie order r@presnnl3'fall Fnrppdsgsritfaii for pal Nn ieai., and rlekr@asaa In Ilia cost of, end the Itme rr:clulred to Ererfa' 'the anllre wdEk uWar il;e GanEract tirlsing tilreclly or IndlrpctIy from Ilris'Chhngn order pncl ail pro4tous Change t7rdprs, Accaplarica of this+ualvbr cenitliwas an pgtarifrairt lit ttyeai! Miner and cor)trastgr illat the etrapga•Order rppralents art oil inclaslve, mtj Wily ngretd upap .lgsimant to th�aniract, snif that d o0tfactgr•wlll walya oil fights #o fllu ii ttalm'dn llils Chanaa bid dp itftar It is prbjiarly @x@ctited;' r ! AcF t3tl.lty: Reviewed by Hauler ,yr . V Ii Star CoptYRcttna;lAc• Ama]laYllla[Jaal, P,E, . rt rlkotiVfrik Cpntr,�ctar Cfty'Englnecr Dliactorii uhltcWdrks `� 3#i midTptlriiolupySUNIChs .pater' t ) t n Q Rater : / .fir. hpPrav rt h I� J §rEpyl elkAA A C(ly kapa' er Exhibit "A" APPnOVAL OF CONTRACT CHAWC CHAWEOWft No, Moj6j pATrEr,,,, Inner v1q,202z PRO)RCTI City of 6oaumpnt,Texas Lift stntivn $, WWrP RVpabs Tropical 5torm Hotway t?rvup 4 Pit Slatloas Rid No, VVUDi21.10 i 01NWA 1 city oI004niont, Tom 001 Win stfoet Raoumont, 7oxas 77704 CVNTHAVOI11 Urystar Contracts go, Inc. 0395Chemical lived boat imont, oKos7i705 TO 7HR OWN Ept Approval of the foilpwhig contract cliew is requastad, I ' REASON FOR C'IIANGW To supplement Ilia Wiling gtactAcol polo with on nddillonnl post and Unistrat auppor�s to Install I UtD eloctslcal aqulpnlent at the Plna Haven and Forest Glen LIIt 5tailons 0111GINAL CONTRAM AMOUNT& 1,320&lomn0 RFVISRD CONIItWAMOUNT Pt:R CHANafi.QRDER No. h 2.s;5,150.nn . THISCIfANOEORnFR 7 !Forest Olen Lift Station (FEMA Project IJ0484). Provide Aditlonal support for Installotlon of 11100olectfical .equipment, Including a oaivanhid 4" ilia. post, a concrale foaling and Untslrats, ADD $4,017.3/is $ 4,817+38 . 13 Vna Haven Lift 5tatlop tFEMA Project 0136021, Provide eddtilonal s0pp01t for Installation of IIIa ;electrical egnlpmcnt, Includlne a tsatvanitad 411 dto, post, a ooncreta fo ottng and UnWruts, AD pl '10TAI.AMOUNT OF701$CHANOEORDEnt i $ 0,434,70 TOTAL R.iVISE?.00WAACTAMDUNTINCLUDINGIliISCjfANDEOnnt UE $ i.369 ilS4,70 P""'TOF,'j 11SCHANo60R©ER I 0,78f6 TOTAL PiE1 C21` CIfANaB 04PERTO DATE � a,89fi WSW ContrastTlmer Rovlsail Contrdtt s Irna put preylous chopge r3rders A011'anat7ttttti regtilred thli change ordort Ravtgrrd t`,ontc�ct TiriTg par this Cllotlga Ordat CONDITIQN OF.CHA"(141 "contractgr ocknoWled&as and agms that the adjustments In contract,Prlce and contract tlmn stlpylatod In tomprsnsatlon (or all InEroasaf nnd,dacrQasas In tlta cost of, anti tits 11ma reritltrot! to il.prformthe entire dirwIV or Indirectly from this Changa Ordor and,all psavious Chanke Orders, Acceplania of ll11..Yialy# W Ownar and CWrattor that the ChpnRa Ordor rbprasontg On alE:lncltlslva; 6ittiolly agroad up on,agd1us Cortlractor vtill Nalva a110flits to 1110 a ptalm on t1lb Clio order afterit Is prop oily o> mil'ad'" 771tadll , . RovIa atihy.` �� Ilavlal r w Rr�i4�r, b)ItriitllritaJlric Amelia Vlilnrr4al, P.E. o dart Dsrtkowlak Copt CnyEnginnor Dlrtittotoffu}r)IcW �' �� aundTtitnologvsen Duel + + ,D�tot natal n9j6MV4, $yl Approvadhyt A1) sl dl>yr SchPIimbur . I pink, IAc+ ttrls What 00V31prcl 1:n91naor interim city Ma .®rv`gilrk I Patti OsRm �m a �q i �W sal 210 colslndar:days 962 ca{eniin�,rirs .43 cnlaride r.days y07 chi lnFiiinidagf igngaord©r.r4praignis full tindpt'tha co�trad arlslrig los on p8iitgnseltt battivaq'q to tit�tr$cl, and,ihat — 221— Z-Z- PROMM ' OWNCRf i a APPROVAL OF CONTRACT CHANGE City of nonumoat, Texas Lift Stoilan & WWTP Repairs W13Plcal SIM) Harvey Group 4lIft$tollans old No, W11012L•10 City of 0caumont, Toxns 801 Main Street Goaument,Texas 77704 CHANGE ORDER No. Four (4) DAM May 10,2022 CONTRACTOM 0tystar Contracting, Inc, "uscltomical Road ' Qaaumont7Taxas 777DS ' To THR OM41 Approval of tha follovMg contra ci changa is retluastad, REASON FOR Cf 1ANGFI To Lncfease tha eQnlractilnta IO provhle for consliucklon of ha Walkor Road llrt Stptiah fallaiving the MY olrtalning hit oasomenl'frptrl tiro proparty owner, 011LOINALC01011ACTAMDt1NTr nRVISEUCDNT(ACTAMOUNTPER CIIAN59ORDER No.$ I', $ 7.955.169,00 III IS CHANGIi t RDER TOTAL AMOUIjTOFTHi3 NAMIEORDERr ' $ TOTAL. RRVlk, N NTI ACTAMOUNT IMUDINOTHIS MAMIE ORDFRr I ' . S i.%ss,--.JQM P�nCI;NTOpTfllS,£HANO£ORDER � O,0�y5 TOTAL,PRRCEk CHANGE ORVERTO PATE 2+06ii CONTR/V.CTiIi'�R I . Rrlslnaicowractftdi 270 Watidurdpys RoylIaddoniralctIImap'orprovlousClion 0aOrdars ( 417 ealendarddys AMIlpnalTim �raquliadtotsChalit eOrd ars i .45.c:lendardays_ Revil ddconiivilmapctlIII sQanoONO r i167 eaiassifr+rda'q ' G9NDIT10�f Op CHAN9tis • "t nntra6t ae triaivladges.nild a8reet that Ilia adluilmants In contract price and carrtract lima sitpuialed I t Ili clienge, ordvr.raprgeots full earoponratlati far ill Ineroasos aril docrcasos In the cost or, and tha'tiiric required to ,p4rfafm Ole oniirq t prk uttider IIIQ Carltract erIslllg .. , illfactlV or.flldl�actly frbrA Ihii Chnnga orricr and all praylaui. Cltartga Prdars, }1ceoPlencre'or i(tis vlalifer tdt�sRlatAs on agroerriallt;V9►tiireen ' owner altd GantrGclaf tllat; the CIlinka 9rder repraaarits all all indosive, metuoHy.a$faett tiAri aq]qsviunt 10 01b Contract, 4ri11 that cotilrBElarwlliW" arfllflehtstarilnkclalrnanthlsr;hall8aorder0aift�lipraperlq xetulad,) cca ad tiyt nevlewnd hy[ Re tv I r w , urystr0nlr' fny,ld#„ AlnallaVillarrual,P,R, u it, artkowlali COM(Mctoi city Engineer Oltecter o}.Rtihlle Work's I anti facl�lialoY$asY c9#: Ra141 - Dat4[ cod )VI Approved hyi 1�t� l d byl d SchaumUdrg 8i I , Inc, Cllfls Buono ilnp aroussarc. ' E n$htag (file ikuy Mnna a City Clef `j r Dalas 2a' palm DA6 ' CiC APP1toVALo1 O NIAMT CHANds fiNbfaCTr ; I C{ty,al.rsneUhiCitt,T°80F LU! 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Tropical5torm Hnsvey Group 4lift 51atlons # 1 Rid No, WOO121.10 OWNEM CllyorBeaumam,Yms '� ! go11Y#alnStmot i Roaumont, Tegts 77704 ; CON'fMRfOttl RryslarConl:acting, ins, 6305 C{ 4mNal Road j1 l = Raaumont,Tc>tas777pS �'; TO THE MUM Approval of Lisa falla4ving cOnlfacl titdnhe Is requo5tod, t ! R£ASONT�ACHANG£ITdrnmoyd and roplmthecontrolpanalsondallalettsicalappurtenancesonIlia clslstingservicepole attlsaPine Havar j ns cl rorasl plop lift slaltons, 10ctud[n8 00101108 the InstaliWon of the propostd clavated pleifarm gnd fotmdntioar ganri! fence 0010R dlc, HDFLF. tlrlva%VAVPIpG, ORIGINAL DNTAACTAM-OuNTt � 1,eaD.DitD.D�. REVISEOC�N1R(1CTAMDUNTP911CHANOUORDERNo.1 Y 3 THIS CHANP3eORDER I :I ? mm Destrinli6 7 ) ForostIMPLiftStation(FEMAProjeatflia4n4).DeletethefnstoljstionofiliaproposedelevatedAlatlorrtt $ 1781,ODj and faun)Julian, .gsiaiAl fence and IWI dfa IIDPE 0114ttvay Pipet and provide for(urnlshias end fnstaliing tho 'hevislia �Ieclrical implovamlinis oh (he existing Semite potaj DEDUCT $767,oD/LS x9 i PlrtaFliov6Lift Mal top (FEMAPro)astlF135¢2),polelalhnlntiallst;atiofihaproporadottyallidnlslfarrll. $ t5�5;o0 and faunItalibn, guard fooce and 111" dIn HDPG ddvewoVplpe, anti,provide forfurnishing and insialllhg tha navrsite I Iektrlcallniprovemems on the CA.SVOR sa(vtcepolo: Dfoud$595,00/tS TGTALAM)UNTOFTHIS�iIANQRORDEfIs $ 1,977,t10 T©TAtREVSt(i.4 TitAC('AMOUNTINUUDI,NGTHISCRAW90110M $ 11209E.6,00 P£rtcNrO i{115c1!(tNG ORDER 7aT#LFT KQtr 4ANG115an16PATl 'brlsltialCo 1ra�tTl€nRi � i 21b`caiendat[ia�s �,i: Adltlltonul on)factTimapurProvt6usCf1"aissia[srderss ,�: '•Ocalartsiort�dys '',�, Addiilall oitlfBckTfn)a Pr ihlittiarlgo.0idiret ' Tlstintjlp�ie deft(fatndla�i5,20�f.to6juili, Nt , �D:talendajdtys s Atldlllona}4fife, lsredoIa. y4lnpjalfoitridallva'ry #27'roiandetdays !• Adtgllotlhlljjlatueanlj7iein4YPlkalPIrtn}feyepsildF4ia4tGlen 6dcalepttn.d6Ys t A•ddltlonaj Iflleraqulrad hisCisnnge0idon .�77colondsirdoys ±� dt'vlhadCo t[act.Ttp€a1in ,iflls'Ct pgoDrd4r 8p7.edtnhilsij:ifey3' ' j , '. 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"° "� ace" '�s � Appravatebys � Ali : dhyt `. ¢ellnumb it N , po, KY a "$ as Erigfnear , ,� / Citytylanogtr cltyCierk' j� s c i APPROVALO FCONTPACTCHAKE CHANPC ORDER Na, a e a DAM 0ctobar7,2021 PA01£CT1 ClIvofDmInont,TOxns Liftslallon & WWYP Repairs Tfoplcpl Storm Ilarvey Grotlp 4llltStpllolls Did No, WU0121-10 dvtlff ERl CRY W Deaurnont, Texas 801 Main Strout 8haurnorlj, Texas 77704 ' C0NTf1ACl9jtr Dryttar-Conlractloy, hir• 8385 Cllanilcal Road bnaunloht,Togas 77745 TOTHliftNgtU Approvalofthefoilowln8contrail chahgaIs( quesicd, Reason forCflangas TndeleEofour 16"dla,XSftRCfcotingsandInstall a8'x74411spread footing for 1110Fire TraldtnsCmndillitMallon Platform 0HIOINALCOATRACTAMOUNr1 S a.9zn, so,n0 THIS clIANAR 0110111 AM 09AC 1 a3 B fire Tral1110g clounds I.S. DOWN four IV' dia. X aft K (nollas and blslaIl a 91x71)IIN spraad footing, Aon $ 2,937.00 $2,9117-PA11"ptp Surn TOTAL.AMOUNTOFTHIBCIIrNQKOBD£tu $ P,aV.00 TOTALI<EVISP90nIPACriMOUNTINCLUDINQT111SCHANGeonnRR.r S a,six2;9a7.ap CONTRACI•TIME 01lglnel Contract Timel 210 CAN11dar days Addttlonodntu mqulrad 1hisGilaneeorder O calendar days flovtsad ContractTlmo part1ls Chmt ua order 210 calandgrdoys CONDITIONOPCIIANORt "Contractor ocknowledens 01114 a8reos that tho adjustments In <Ontsact price and,conlract ilmo sllpulatad In INS Change ordar rapresonts full compansatlon for till Increase's and.decreoses 1n the test of, and lbo time rgqutred to perform the Ohtlro.viarl<urtidar the Contract ar11In8 dlreclly Pr insliractty [rare tills Changa ardor and all pravlous Chanito OrOpm Accaplep.ce of Ibis waiver constitutes Ph.aar001tt4ht betweon Owner and Contractor fast ilia Chnn4o arder rallre ants an all-Instuslvo, mutually earabd upon adiustment to the Contract, and that Corl Utor svllf waive p11 rlghls to ilia a 4101n1 on Ihtj Orono order after It Is property OmPt.osf;' AccuR a yl � pevletiYadlsyt Art n tar act R,ln0 AmillaVlllneal,P;£, WrlkoWik Contra4 Rr j G1ty£uglltcar plrectar'a(PAIN Works.. ! and TacililQlogy 5urvicos natal P • 1 1 Patel I o �i `� Patel i Approved byl Kyle 11401 CilyManngar /'//�� J Patel - C� is ti h �d CNf Qi tti'i (rn[ M (03 M N N � iol 191 1 1 OlI 1 01 101 11 rr) a � o O w0. 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APPROVAL OF CONTRACT CHANGE PROJECT: City of Beaumont, Texas Lift Station St WWTP Repairs Tropical Storm Harvey Group d lift Stations Bid No. WU0121-10 OWNER- City of Beaumont, Texas 801 Main Street Beaumont, Texas 77704 CONTRACTOR: Brystor Contracting, Inc, 8395 Chemical Road Beaumont, Texas 77705 TO THE OWNER- Approval of the following contract change Is requested. Reason for Change: To adjust final quantities ORIGINAL CONTRACT AMOUNT- REVISED CONTRACT AMOUNT PER CHANGE ORDER No. 6 THIS CHANGE ORDER 18 Contingency. DELETE the unsused Contingency, $50,000.00/1.5 TOTALAMOUNT OF THIS CHANGE ORDER: TOTAL REMED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: PERCENT OF'(HIS CHANGE ORDER TOTAL PERCENT CHANGE ORDER TO DATE CONTRACTTIME Original Contract Time: Revised Contract time per previous Change orders Additional Time required this Change order: Revised Contract Time per this Change Order CHANGE ORDER No, Seven (7) & Final DATE: December28,2022 1.3„7, 0-OOD.00 $ 1,373,970.70 $ (50,000.00) $ (50,000.00) S 1,323,970.70 -3.79% 0,30% 210 calendar days 507 calendar days 0 calendar days 507 calendar days CONDITION OF CHANGE* "Contractor acknowledges and agrees that the adjustments In contract price and contract time stipulated In this Change Order represents full compensation for all Increases and decreases In the cost of, and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between owner and contractor that the Change Order represents an all inclusive, mutually agreed upon adjustm the Contract, an that Contractor will waive all rights to file a claim on this change Order after It is properly executed." -Pled by: � Re�Amalfa iewed b�Vlllarre � Revle by: Prystar Can t�ing, I c ai P.E, art Bartkowiak Contractor City Engineerr� �C�1� �� Director of Public Works Date- 12128122 Date' D `�' `�C.y gate: Approved by: $cheumburg olk, Inc, Kenneth R, Williams Engineer CRyManager Date; 1272 Date; Attested by: Tina Broussard City Clerk Hate: TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager 6'j r PREPARED BY: Chris Boone, Assistant City Manager, Con-n-unity Services MEETING DATE: January 24, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into a contract with Legacy Community Development Corporation for the use of HOME Investments Partnerships fiends from the Department of Housing and Urban Development. BACKGROUND The City of Beaumont receives an annual allocation of HOME Investments Partnerships funds from the U.S. Department of Housing and Urban Development (HUD)., Federal regulations require that a mininaurn of fifteen percent (15%) of the City's total HOME fund allocation be awarded to Community Housing Development Organizations (CHDO's) for eligible CHDO activities. Legacy Community Development Corporation (Legacy CDC), a HUD certified CHDO, is seeking to stabilize neighborhoods by providing homeownership opportunities for low to moderate income families. Legacy proposes to utilize $200,000.00 (Entitlement fiends) and $79,459.45 (CHDO Reserve fiends) for acquisition, rehabilitation and resale of three (3) homes to be sold to eligible low to moderate income families, In addition, Legacy is requesting $26,486.15 for operating fiends. The fiends will be -used to cover the salaries for administrative staff. Any and all income received by Legacy for any properties n- ist be used toward firrthering the organization's affordable housing activities. Housing Division staff will be responsible for monitoring Legacy for HOME Program compliance. FUNDING SOURCE 2022 HOME Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with Legacy Community Development Corporation in the amount of $26,486.15 for the salaries of administrative staff. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of January, 2023. - Mayor Robin Mouton - 11/7/2022 City of Beaumont Housing Programs Ms. Patillo: This letter is being written to request 2022 HOME funding. Legacy CDC would like to request CDHO operating and CHDO reserves fiends to continue providing housing counseling and affordable housing opportunities to the citizens of Beaumont. The proposed request is for funding to operate the Housing Counseling program in the amount of $26,486.15. These CHDO operating funds help to offset the salary of a fun, -time Counselor and rent expenses. Counselors meet with clients monthly to guide them through the homebuyer process. Legacy CDC currently has 106 applicants in its Beaumont Homeownership Program. CHDO Reserve funds in the amount of $279, 458.15 are a Iso being requested to acquire and renovate three (3) homes to be sold to qua.' ied program participants. Sin rely 700 NORTH STREET, SUITE D, BEAUMONT, TEXAS 777011 MAIN: 409 832 2723 1 FAX- 800 674 3174 HOME INVESTMENT PARTNERSHIP 11/15/22 BUDGET REPORT AS OF SEPTEMBER 30, 2022 (PERIOD 12) (Unaudited) 2021 PROGRAM YEAR 2021 BALANCE ANTICIPATED PROGRAM EXPENDITURES AVAILABLE COMPLETION (PERFORMANCE PERIOD: 0710712021-0910112029) YEAR AS OF 09/30/22 ENCUMBRANCES AT 09/30/22 DATE HOME PROGRAM 1 ADMINISTRATION (10%) HOME Administration 51,469 16,892 0 34,577 6130123 CHDO RESERVE (15% minimum) Legacy Community Development Carp 337,485 171.760 0 165,735 6130/23 (CHDO) -Acquisition I Lease -Purchase (12114/21 - R#21-335 - $337,485,00) HOME CHDO Reserve (Undesignated) (12/14121) 0 0 0 0 Reprogrammed CHDO OPERATING (5%) Legacy Community Development Corp 25,734 11,438 0 14,296 6/30/23 (CHDO) - CHDO Operating Expense (12/14/21 - R#21-335 - $25,734 - SIB $25,734.40 ) (IDIS Shows It To Be - $25,734 ) HOME CHDO Operating (Undosignated) (12/14121 0 0 0 0 Reprogrammed ENTITLEMENT (70%) Down Payment Assistance Program (12114121) 100,000 72,414 0 27,586 6130123 HOME Program (Undes€gnated) (12114121) 0 0 0 0 Reprogrammed TOTAL 2021 PROGRAM YEAR 514,688 272,494 0 242,194 PROGRAM INCOME IN IDIS Down Payment Assistance Program (2021 PI) TOTAL PROGRAM INCOME IN IDIS 5,999 5,999 0 0 Completed 5,999 5,999 0 0 TOTAL 2021 PROGRAM YEAR 620,687 278,493 0 242,194 2022 PROGRAM YEAR 2022 BALANCE ANTICIPATED PROGRAM EXPENDITURES AVAILABLE COMPLETION (PERFORMANCE PERIOD: 07107/2022-09101/2030) YEAR AS OF 09/30/22 ENCUMBRANCES AT 09130122 DATE HOME PROGRAM 1 ADMINISTRATION (10%) HOME Administration ($52,972.30) 52,972 0 0 52,972 6/30124 CHDO RESERVE (15% minimum) HOME CHDO Reserve (Undesignated)($79,458.4' 79,458 0 0 79,468 6130124 CHDO OPERATING (5%) HOME. CHDO Operating (Undesignatod)($26,486.' 26,486 0 0 26,486 6130/24 ENTITLEMENT (70%) Down Payment Assistance Program (10131/22) 170,806 0 0 170,806 6130/24 HOMY Program (Undosignated) ($370,806.10) 200,000 0 0 200,000 6/30/24 (10/31122) TOTAL 2022 PROGRAM YEAR 629,723 0 0 529,723 Account number information: 267-5948-759-XX-XX (2019 Grt Yr - Housing) 267-5949-759-XX-XX (2019 Gut Yr - Admin) 267-6048-750--XX-XX (2020 Grt Yr - Housing) 267-6049-750-XX-XX (2020 Grt Yr - Admin) 267-5148-751-XX XX (2021 Grt Yr - Housing) 267-5149-751-XX-XX (2021 Grt Yr - Admin) 267-5248-752-XX-XX (2022 Grt Yr - Housing) 267-5249-752-XX-XX (2022 Grt Yr-Adm€n) Exhibit "A" E TEXAS TO: City Council FROM: Kenneth Williams, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: January 24, 2023 REQUESTED ACTION: Council consider• a resolution authorizing the limited and temporary use of golf carts on city streets from February 15, 2023 through February 20, 2023, in conjunction with Mardi Gras Southeast Texas. BACKGROUND Mardi Gras Southeast Texas has requested permission from the City of Beaumont to operate golf carts during the 2023 Mardi Gras Event. Operation would be limited to Mardi Gras activities in and around the Event Centre on city streets. The Texas Transportation Code, Sec. 551.404, states that a governing body of a municipality may allow an operator to operate a golf cart on all or part of a highway that is in the corporate boundaries of the municipality, and has a posted speed limit of not more than 35 miles per hour. This request meets these criteria. FUNDING SOURCE NIA RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Mardi Gras Southeast Texas has requested permission from the City of Beaumont to operate golf carts during the 2023 Mardi Gras Event; and, WHEREAS, operation would be limited to Mardi Gras activities in and around the Event Centre on City streets within the area; and, WHEREAS, the Texas Transportation Code, Sec. 551.404 states that a governing body of a municipality may allow an operator to operate a golf cart on all or part of a highway that is in the corporate boundaries of the municipality and has a posted speed limit of not more than 35 miles per hour; and, WHEREAS, the City Council finds that it is in the best interest of the citizens of Beaumont to allow the limited and temporary use of golf carts on City streets commencing on February 15, 2023 and ending on February 20, 2023 in conjunction with Mardi Gras Southeast Texas; and, 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 limited and temporary use of golf carts by Mardi Gras Southeast Texas on City streets commencing on February 15, 2023 and ending February 20, 2023 in conjunction with Mardi Gras Southeast Texas be and is hereby authorized. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL. of the City of Beaumont this the 24th day of January, 2023. - Mayor Robin Mouton TRANSPORTATION CODE TITLE 7. VEHICLES AND TRAFFIC SUBTITLE C. RULES OF THE ROAD CHAPTER 551. OPERATION OF BICYCLES AND MOPEDS, GOLF CARTS, AND OTHER LOW --POWERED VEHICLES Sec. 551.404. OPERATION ON HIGHWAY AUTHORIZED BY MUNICIPALITY OR CERTAIN COUNTIES. (a) In addition to the operation authorized by Section 551,403, the governing body of a municipality may allow an operator to operate a golf cart on all or part of a highway that: (1) is in the corporate boundaries of the municipality; and (2) has a posted speed .limit of not more than 35 miles per hour. (b) In addition to the operation authorized by Section 551.403, the commissioners court of a county described by Subsection (c) may allow an operator to operate a golf cart on all or part of a highway that: (1) is located in the unincorporated area of the county; and hour. (2) has a speed limit of not more than 35 miles per (c) Subsection (b) applies only to a county that: (1) borders or contains a portion of the Red River; or (2) borders the Gulf of Mexico and has a population of less than 500,000. Exhibit "A" TRANSPORTATION CODE TITLE 7. VEHICLES AND TRAFFIC SUBTITLE C. RULES OF THE ROAD CHAPTER 551. OPERATION OF BICYCLES AND MOPEDS, GOLF CARTS, AND OTHER LOW -POWERED VEHICLES Sec. 551.404. OPERATION ON HIGHWAY AUTHORIZED BY MUNICIPALITY OR CERTAIN COUNTIES. (a) In addition to the operation authorized by Section 551.403, the governing body of a municipality may allow an operator to operate a golf cart on all or part of a highway that: (1) is in the corporate boundaries of the municipality; and (2) has a posted speed limit of not more than 35 miles per hour. (b) In addition to the operation authorized by Section 551.403, the commissioners court of a county described by Subsection (c) may allow an operator to operate a golf cart on all or part of a highway that: (1) is located in the unincorporated area of the county; and hour. (2) has a speed limit of not more than 35 miles per (c) Subsection (b) applies only to a county that: (1) borders or contains a portion of the Red River; or (2) borders the Gulf of Mexico and has a population of less than 500,000. F� TEXAS TO: City Council FROM: Kenneth R, Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: January 24, 2023 REQUESTED ACTION: Council consider a resolution authorizing the Mayor, City Manager, City Attorney and Emergency Management Coordinator to execute a Mutual Aid Agreement (MAA) and four addendums with the Beaumont Independent School District (BISD) which will supersede all prior mutual aid agreements or memorandums of agreement between the City and BISD. BACKGROUND Mutual aid agreements provide a mechanism for local governments to seek assistance when emergencies present equipment and manpower requirements beyond the capacity of an individual jurisdiction, A number of the City plans and Hurricane Harvey and more recent operations and recovery efforts reflect collaboration between the City and BISD for facility, manpower, transportation, and other anticipated resource sharing needs. The agreement was last updated in January 2019. This revision will update language and account for changes in resources and personnel. Four addendums are provided to support the agreement by providing standard procedures for common coordination functions. FUNDING SOURCE None, RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Mayor, City Manager, and Emergency Management Coordinator be and they are hereby authorized to execute a joint Mutual Aid Agreement (MAA) and four (4) addendums with the Beaumont Independent School District (BISD), which will supersede all prior mutual aid agreements or memorandums of agreement between the City and BISD to provide a mechanism for local governments to seek assistance when emergencies present equipment and manpower requirements beyond the capacity of an individual jurisdiction; and, BE IT FURTHER RESOLVED THAT, where it is deemed necessary and prudent, all previously existing mutual aid agreements executed between the City and any signatory to the joint mutual aid agreement are to be rescinded upon the giving of the proper notice, The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of January, 2023. - Mayor Robin Mouton G TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: January 24, 2023 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in the Oct' Street Extension at the Mustang CAT Facility. BACKGROUND On December 21, 2022, a final inspection from all entities was completed for the following: • 4"' Street approximately 307 feet extension south of existing 4"' Street to include Cul- de-sac. Recommended for approval are the street, storm sewer, water, and sanitary sewer improvements for the 4"' Street Extension at the Mustang CAT Facility right-of-way only. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, maintenance of the street, storm sewer, water and sanitary sewer improvements constructed in the 4th Street Extension at the Mustang CAT Facility, have been completed as follows: Private Street and Storm Sewer Improvements 4th Street approximately 307 feet extension south of the existing 4th Street to include Cul-de-sac. 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 the City's 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 water and sanitary sewer improvements in the 4th Street Extension at the Mustang CAT Facility right-of-way only, are hereby accepted by 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 24th day of January, 2023. - Mayor Robin Mouton fl 11 .. y jt, ci l..( (.' E����f• -:;-i I:.y p(A ..:..�.... _ � � � ,} I t .- ' � � E .; � � �, �. It i� ��� ... - .. - YiF�" • 1 t I of Y sty j , j 1 `I G9 ! I:TI C. P. it li l� - � � I i I � • a '"gI 3 PROJECT LOCATION L M (. pip VICINITY MAP Exhibit "A" TEXAS TO: City Council FROM: Keimeth R, Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: January 24, 2023 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND 45 SRL, Inc. has agreed to convey a ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The casement is described as being a 0.2579 acre tract of land out of the Samuel Stivers Survey, Abstract No. 51. The easement is for the construction of a concrete batch plant for TxDot located at 4965 Fannett Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOULTION NO. BE IT RESOLVED BY THE CITY, COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, 45 SRL, Inc. has agreed to convey a ten foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is descried as being a 0.2579-acre tract of land out of the Samuel Stivers Survey, Abstract No. 51. The easement is for the construction of a concrete batch plant for TxDot located at 4965 Fannett Road, the agreement is substantially in the form attached hereto as Exhibits "A," and "B,° and respectively, and made a part hereof for all purposes; and, WHEREAS, the City Council has considered the purchase of said easement and is of the opinion that the purchase of said easement is necessary and desirable and that same should be accepted. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT said above -described easement purchased from 45 SRL, Inc. be and the same is hereby, in all things accepted. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of January, 2023. - Mayor Robin Mouton - STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: WATER, LINE EASEMENT THAT, 45 SRL, INC., a Texas corporation, hereinafter called "GRANTOR", whether one or :more, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hazed 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 aekr)owledgcd, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY Tinto the CITY OF BEAUMONT, P, 0. Box 3827, Beaumont, Texas 77704, Jefferson County, 'Texas, its successors and assigns, a perpetual, exclusive, water line easement (the "Easement") to construct, alter, and maintain waterlines and related appurtenances on the hereinafter described. lands which said easement is under, over, in and across those 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 & B11, attached and made a part hereof for all purposes (the "Easement Area"). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress fZom the Easement Area and use of the same for the purposes aforesaid, provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or binder the Exhibit "A" business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantor reserves the right to continue to use and enjoy the, surface of the EaSelnerrt Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the rigbt to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Graiitee shall not be responsible fox the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost and expense, The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights -of -way, conditions, restrietions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson. (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. fSzgnatur e Page Follows] [fI-'43.-U,ITR)i,!ALLY fJ:.-:FT BLAT�I J EXECUTED this day of _ , 2023. GRANTOR: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF HARRIS § M- This instrument was aelmowledged before me on this the day of . _ _ 2023, by Seth Schulgen, Vice President of 45 SRL, Inc., a Texas corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this `r d y of% 3. RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O, Box 3827 Beaumont, TX 77704 ry Public, Staff i "DY T. RAS Na Nblla STATE TQ(AS NOTARY IUII A1094-7 Texas EXHIBIT "A" 0.2694 ACRE OF LAND FOR EXCLUSIVE WATERLINE EASEMENT PURPOSES OUT OF THE SAMUEL STIVERS SURVEY, ABSTRACT NO, 51 CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS BEING 0.2694 acre of land out of and a part of the Samuel Stivers Survey, Abstract No. 51, Jefferson County, Texas; being part of two tracts of land described in a deed to 45 SRL, INC., recorded in File No. 2022018721, Official Public Records, Jefferson County, Texas; said 0.2694 acre tract being more frilly described by metes and bounds as follows, to wit: Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of 1983, South Central Zone, US Survey Feet, and are referenced to SrnartNet, North America. BEGINNING at a %z" steel rod, capped and marked "WHITELEY", found for the most Northerly Northwest corner of Tract I (Called 175.1) acre tract of said 45 SRL, INC. tracts on the South right of way line of a dedicated road named State Highway 124; said %" steel rod being the Northwest corner of a (Called 7,6007) acre tract of land described in a deed to Discovery Shares, LLC, recorded in File No. 2018031502, Official Public Records, Jefferson County, Texas, same being the Northeast corner of the herein described tract, having a Texas Coordinate of N: 13956598.01, E: 350440559; THENCE, South 20 deg., 01 min., 39 sec., East, on the West line of the (Called 7.6007) acre tract, a distance of 569.21' to a 1/z" steel rod, capped and marked "WHITELEY", found for corner; THENCE, continuing on the West line of the (Called 7.6007) acre tract, on an are of a curve to the right, having a radius of 542.50', an arc length of 158.50', a chord bearing of South 11 deg., 39 ruin., 51 sec., East, a chord distance of 157.93' to a'/2" steel rod, capped and marked "WHITELEY", found for comer; THENCE, South 03 deg., 17 min., 11 sec., East, continuing on the West line of the (Called 7.6007) acre tract, a distance of 176.20' passing the Southwest coiner of the (Called 7,6007) acre tract, continuing for a total distance 397.02' to a point for corner being the Southeast corner of the herein described tract; THENCE, South 86 deg., 42 min., 49 sec., West, a distance of 10.00' to a point for corner being the Southwest corner of the herein described tract; THENCE, North 03 deg., 17 min.,11 sec., West, a distance of 397.02' to a point for corner; THENCE, on an arc of a curve to the left, having a radius of 532.50', an are length of 121.01', a chord bearing of North 09 deg., 48 min., 16 sec., West, a chord distance of 120.75' to a point for corner; THENCE, South 69 deg., 59 min., 26 sec., West, a distance of 50.12' to a point for corner on the West line of the (Called 175.1) acre tract; THENCE, on an are of a curve to the left, having a radius of 482.50', an are length of 10.02', a chord bearing of North 16 deg., 30 min., 54 sec., West, a chord distance of 10.02' to a point for corner; THENCE, North 69 deg., 59 min., 26 sec., East, a distance of 50.06' to a point for corner; THENCE, on an are of a curve to the left, having a radius of 532.50', an arc length of 24.55', a chord bearing of North t 8 deg., 42 min., 47 see., West, a chord distance of 24.55' to a point for corner; THENCE, North 20 deg., 01 min, 39 sec., West, a distance of 569.21' to a point for coiner, on the South right of way line of said State Highway 124, same being the North line of the (Called 175.1) acre tract and Northwest corner of the herein described tract; THENCE, North 70 deg., 00 min., 39 sec., East, on the South right of way line of said State Highway 124, same being the North line of the (Called 175.1) acre tract, a distance of 10.00' to the POINT OF BEGINNING and containing 0.2694 acre of land, more or less. This description is based on a Land Survey of Tracts I and 11 of said 45 SRL, INC. property surveyed by Soutex on December 28, 2019 and does not represent a current on the ground survey. City of Beaumont 145 SRL, Inc. LS-22-0323-E CLIENT: CITY OF BEAUMONT Z 45 SRL INC. \ \ TRACT I \ (CALLED 175.1 ACRES) AN WIDE DRAINAGE #22,3,ENT SGANNELL PROPFRRFS ,�223, U.C�T \ \ ��, 45 SRL, INC, \ \ F.(j 2022038721 F,f 0C ED03PROPERTIES. LLO. F./ 2015026628, O.P.R.J,C. \ SCALE, I" - 100' \ ACT II \ 0 �SG00 G�1 70' W10E BRIDGE \ F• � G� I B&L INTERNATIONAL, LLLiC \\ FF.ij 201SO4466D, O.P.R.J.C.1 .y 2072016721, \ \ C'S 0.2804 AM OF LAND n \ / \ \ (CALLED 4.ACRES) \ PAR'(' OF THE/ / \\ SAMUEL STIVERS SURVEY // / \\ JEFFERSONOR COUNTY DRAINAGE NSTR€CT NO.6 \ \ ABSTRACT NO. 61 \\\ E•f 2010044860, D.P,R.J.C. \\ //// JEFFERSON COUNTY / \ TEXAS TRACT ry / {CALLED 175.1 ACRES) \\ �09• M� /// 45 SRL, INC. o�• ,/ / F.f 2022018721, D,P,R.J.C, 20' MDE UTILITY EASEMENT CITY OF BEAUMONT VOL iB21, PG. 23D, D.R.JIC. \ \ 'POINT `' /�WATM OF riot / UNE MEMFNT �sl , BEGINNING t� �/ / CITY OF BEAUMONT Ge' 3•c F.0 20150313300 15 / N:13955598.01 // A.P.R.J.C, 0336��a6,0 E:3504405.59 10ry0 0 a FOUND 1/2' STEEL ROD 'WHITELEY' / CAPPED / A = POINT FOR CORNER Line Table LINE i BEAR€NG DISTANCE L1 S 86'42'49' W 10,00' L2 S 69'S9'26" W 50.12' L3 N 69'59'2V E %06' L4 N 70W39' E 10.00' Curve Table CURVE ARC MST RADIUS CHD BRNO CHD DIST Cl 158.50' 542.50' S 1139'51' E 157,93' 02 121.01' 532,50' N 09'4e'16" W 120,75' 03 10.02' 4&2tiO' N 1l➢'30'fi4" w 10.02' C4 24,55' 53250' N 16'42'47" W 24.55' DZ37IMTTON or w5mcer; EXCLUSIVE WATER LINE EASEMENT DESCRIPTION sUHMOR'S CmrIRICAnOR: The undersigned does hereby cartify that this Plat Was this day, 12-15-2022, made of the property legally described hereon In accordance with the minimum standards of practice promulgated by the Texas Board of Proleestonal Land Surveying. This survey in certified for this transaction only and is net transferable to additional institutions or subsequent Owners. The above tract being located at STATE HIGHWAY 124_ BEAUMONT. TEXAS 77705 and being desorlbod an ,A2694 ACRE OF LAND. PART OF THE SAMUEL SDVERS SURVEY, Ati5TRh01 NO. 51 an recorded in Volume X , Page(s) X of the Records of JEFFERSON County, Texas. In accordance with the Flood Insurance Rate Map of the Federal Emergency Management Agency, map reforenoo shown, the subject tract ilex in the flood zone noted. Location, On map Wag determiued by soala. Actual field elevation not determined, unless requested, SOWER SURVEYORS, ilia. does not Warrant nor subaor%e to the aocuraoq or scale of said map. This survey is eertiffed for this transaction only; it is not transferable to additional institutions or subsequent owners. EXHIBIT "B• METES & BOUNDS OF EVEN BATE TO ACCOMPANY THIS SURVEY . a-*-� ANTHONY M. LEGER KRAC, = OFFiCIAL PUBLIC RECORDS JEFFERSON COUNTY _ o�� o ,��era� 1, �,,,,,,F REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481 SURMORs NOTES I. REARWGS AND DISTANCES ARE 134M ON MAS CODRDINATE SYSTEVI OF 1983, SOUTH-CETITRAL zONr, U.S. PEMA Flood Zone: X SURVEY FEET, REFERENCED TO SMARTNET, NA. 2 TOW 811 �-CALL SHOULD HE DONE PRIOR TO ANY WOUNG OR CONSTRUC11M IN CASE OF UNDERGROUND �{.,, 0• %'� Community Panel NO.: 485457-0040-0 1M' SURVEY OESPNOT WARRANT 04MERSWP, THERE MAY DE FASEUMTS, OR OTHER MATTERS NOT SHOWN. /. TES' SURVEY WAS PREPARED NITHOUT THE SEHEDT OF A RILE REPORT. CO. ....dHTiIUHY.Fl;IfGER.... 3737 Doctors Drive r Panel Date; �6l2002 . A�thl,Y, Texas 77642 Mal f ' vO P' q�A4 eEsS��0 sourEx IF_arc IP.[t Tel.A09.983.2004 o Pra3act No, 22-0323-E SURVEYORS & PIGINM Fax. 400, W. 200.5 Su�� a Drawn Bv: 0�LLG rux n;nnc uov5rn soukeuorvegors.com Exhibit '1BT, TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager er PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: January 24, 2023 REQUESTED ACTION: Council consider a resolution adopting the 2022 Jefferson County Mitigation Action Plan. BACKGROUND The Federal Emergency Management Agency (FEMA) implemented hazard mitigation planning regulations as part of the Disaster Mitigation Action of 2000. These provisions provide federal requirements for mitigation planning and offer a significant opportunity to reduce disaster losses through mitigation planning at both the State and local government. Compliance with these regulations has enabled the City to participate in many federally funded mitigation activities. Beaumont City Council approved the last Mitigation Action Plan in resolution # 17-122 on June 20, 2017. A revision is mandated every five years. The final step for FEMA approval on the update is formal adoption of the recommended revision. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution, RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, natural hazards in the City of Beaumont area historically have caused significant disasters with losses of life and property and natural resources damage; and, WHEREAS, the Federal Disaster Mitigation Act of 2022 and Federal Emergency Management Agency (FEMA) require communities to adopt a hazard mitigation action plan to be eligible for the full range of pre -disaster and post -disaster federal funding for mitigation purposes; and, WHEREAS, FEMA requires that communities update hazard mitigation action plans every five years in order to be eligible for the full range of pre -disaster and post - disaster federal funding for mitigation purposes; and, WHEREAS, the City of Beaumont has assessed the community's potential risks and hazards and is committed to planning for a sustainable community and reducing the long-term consequences of natural and man -caused hazards; and, WHEREAS, the Jefferson County Hazard Mitigation Plan outlines a mitigation vision, goals and objectives; assesses risk from a range of hazards; and identifies risk reduction strategies and actions for hazards that threaten the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble of this resolution are hereby, in all things, approved and adopted and should be accepted; and, and, THAT the Jefferson County Hazard Mitigation Plan is approved in its entirety; THAT the City of Beaumont will pursue available funding opportunities for implementation of the proposals designated therein, and will, upon receipt of such funding or other necessary resources, seek to implement the actions contained in the mitigation strategies; and, THAT the City of Beaumont vests with the Mayor the responsibility, authority, and means to inform all parties of this action; assure that the Hazard Mitigation Plan will be reviewed at least annually; and that any needed adjustments will be presented to the City Council for consideration; and, THAT the City of Beaumont to take such other action as may be reasonably necessary to carry out the objectives of the Plan and report on progress as required by 1=EMA and the Texas Division of Emergency Management (TDEM). 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 55'1. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of January, 2023. - Mayor Robin Mouton - F 1EAUMONT TO: City Council FROM: Keimeth R. Williams, City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: January 24, 2023 REQUESTED ACTION: Council consider a resolutionn authorizing the settlement of the claim of Stacey Lewis. BACKGROUND The claim of Stacey Lewis was presented and discussed in Exccutive Session held on January 10, 2023. The City Attorney is requesting authority to settle this stint in the amount of $85,000. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the claim of Stacey Lewis was discussed in Executive Session properly called and held on Tuesday, January 10, 2023; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and is hereby, authorized to settle the claim Stacey Lewis for the sum of Eighty -Five Thousand and 001100 Dollars ($85,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of January, 2023. - Mayor Robin Mouton - 1 January 24, 2023 Consider approving an ordinance calling the General Election fog• May 6, 2023, to elect a Mayor, two (2) Councilmembers-At-Large, and four (4) Ward Councilmembers (one each for Ward 1,11, III and IV); and approving a Runoff Election if necessary on June 10, 2023 TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, City Clerk, TRMC MEETING DATE: January 24, 2023 REQUESTED ACTION: Council consider approving an ordinance calling the General Election for May 6, 2023, to elect a Mayor, two (2) Councilmenlbers-At-Large, and four (4) Ward Councilmembers (one each for Ward I, II, III and IV); and approving a Runoff Election if necessary on June 10, 2023. BACKGROUND The City Charier dictates that all elected officials shall be elected on a regular election day established by the Election. Code of the State of Texas, The City of Beaumont is designating the first Saturday of May to conduct this election and will conduct a joint election with. the Beaumont Independent School District and the Pout of Beaumont. The City of Beaumont will elect a Mayor, two (2) Councilmembers-At-Large, and four (4) Ward Councilmembers (one each for Wards 1,11, III and IV), The Port of Beaumont will elect one (1) Ward 4 seat and one (1) At -Large seat. The Beaumont Independent School District will elect one (1) District 4 seat and (2) At -Large seats; and approving a Runoff Election, if necessary, on June 10, 2023, FUNDING SOURCE Funds are available in the City Clerk's budget. RECOMMENDATION Approval of ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR A GENERAL ELECTION TO BE HELD ON THE 6TH OF MAY, 2023 FOR THE PURPOSE OF ELECTING A MAYOR, TWO (2) COUNCILMEMBERS- AT-LARGE AND FOUR (4) WARD COUNCILMEMBERS (WARDS 1, 11, 111 AND IV) AND; PROVIDING THE FORM OF THE BALLOT AT SUCH ELECTION; DIRECTING THE GIVING OF NOTICE OF SUCH ELECTION; PROVIDING FOR A JOINT ELECTION WITH THE BEUAMONT INDEPENDENT SCHOOL DISTRICT AND PORT OF BEAUMONT; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT AND APPROVING A RUNOFF ELECTION IF NECESSARY ON THE 10TH DAY OF JUNE, 2023. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 In accordance with the City Charter, the Constitution, and general laws of the State of Texas, a general municipal election is hereby called and ordered for the first Saturday in May, 2023, the same being the 6th day of said month, at which election ail qualified voters residing within the corporate limits of the City of Beaumont may vote for the purpose of electing a Mayor, two (2) Councilmembers-At-Large, and Councilmembers to Wards 1, II, III and IV, for full terms. Section 2 No person's name shall be placed upon the official ballot as a candidate for any of the above -mentioned positions unless such person has filed his or her sworn application, as provided by Section 141.031, Section 143.004, and Section 143.007 of the Texas Election Code, and Article IV, Section 5 of the Charter of the City of Beaumont, with the City Clerk, not later than five o'clock (5:00) p.m. on the seventy-eighth (78th) day before the date of such election. The City Clerk shall note on the face of each such application the date and time of its filing. A declaration of write-in candidacy must be filed with the City Clerk as provided by Section 146.054 of the Texas Election Code, not later than five o'clock (5:00) p.m. of the seventy-fourth (74th) day before Election Day. Section 3 Said election shall be held jointly with the Beaumont Independent School District and the Port of Beaumont in accordance with Chapter 271 of the Texas Election Code; the Jefferson County Clerk will coordinate, supervise, and handle all aspects of administering said joint election in accordance with the provisions of the Texas Election Code. Section 4 Legally qualified voters residing within the corporate limits of the City of Beaumont shall be entitled to a vote at said election for the respective candidate(s) and other matters that may appear on the ballot. Section 5 The notice and order of said election shall be given by posting and publishing said notice and order as provided by the Texas Election Code. Section 6 That an electronic voting system, as described by Title 8 of the Texas Election Code, shall be used for said election. Section 7 That the following are hereby appointed officers of said election to serve at the Central Counting Station, which is hereby established at the Central Counting Station, 7963 Viterbro Road, Nederland, Texas; Central Counting Station Manager, Wayne Ozio, Tabulation Supervisor, Jeff Ross; and Assistant Tabulation Supervisor, Mary Helm. Section 8 Procuring, allocating, and distributing election supplies shall be prepared in accordance with Title 5 of the Texas Election Code. Section 9 That Roxanne Hellberg, County Clerk of Jefferson County is hereby appointed Clerk for early voting and; pursuant to Chapter 83 Subchapter B of the Texas Election Code, the appointment of Laurie Leister as Deputy Early Voting Clerk is approved, said appointments being without additional compensation. Early voting by personal appearance shall be conducted at the main early voting location, Jefferson County Courthouse 1085 Pearl St., Beaumont, Texas, 77701, with three branch early voting locations at Rogers Park Recreation Center, 6540 Gladys, Beaumont, TX 77706, Theodore Johns Library, 4255 Fannett Rd., Beaumont, TX 77701 and John Paul Davis Community Center, 3580 E. Lucas, Beaumont, TX, 77706. Early voting ballot applications and ballots voted by mail shall be sent to the Jefferson County Clerk's Office, P.O. Box 1151, Beaumont, Texas, 77704-1151. The County Clerk shall keep said office open for at least eight (8) hours between 8:00 a.m. and 5:00 p.m., on each day for early voting or an official State Holiday beginning on the twelfth (12th) day through the fourth (4th) day preceding the date of such election; provided, however, except as authorized by Sections 85.005 (a) and (d), Texas Election Code, said County Clerk shall not permit anyone to vote early by personal appearance on any day or time not designated herein for early voting and under no circumstances shall she permit anyone to vote early by personal appearance at any time when her office is not open to the public for early voting purposes. Early Voting Dates and Times Monday - April 24, 2023 (8:00 a.m, to 5:00 p.m.) Tuesday - April 25, 2023 (8:00 a.m. to 5:00 p.m.) Wednesday - April 26, 2023 (8:00 a.m. to 5:00 p.m.) Thursday - April 27, 2023 (8:00 a.m. to 5:00 p.m.) Friday - April 28, 2023 (8:00 a.m. to 5:00 p.m.) Saturday - April 29, 2023 (8:00 a.m. to 5:00 p.m.) Sunday — POLLS CLOSED Monday - May 1, 2023 (7:00 a.m. to 7:00 p.m.) Tuesday - May 2, 2022 (7:00 a.m. to 7:00 p.m.) Section 10 That early votes by personal appearance and by mail shall be counted by an early voting ballot board consisting of a presiding judge and (5) five clerks, the County Clerk may authorize as many additional clerks as are deemed necessary. Early votes shall be canvassed and returned by the Early Voting Ballot Board to the Central Counting Station by 7:00 p.m. on Election Day. Section 11 If any person or persons appointed herein do not appear, are unable to perform their duties, or fail to perform their duties, the County Clerk shall have the discretion and authority to appoint any substitute personnel to fill the position(s). Section 12 The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Clerk, as provided by Section 52.094 of the Texas Election Code. The City Clerk shall post a notice in the office of the City Clerk, 801 Main St., Suite 125, Beaumont, Texas, 77701 at least seventy-two (72) hours prior to the date on which the drawing is to be held, of the time and place of the drawing, and shall also give personal notice to any candidate who makes written request for such notice and furnishes to the City Clerk a self-addressed, stamped envelope. Each candidate involved in the drawing, or a representative designated by the candidate, shall have a right to be present and observe the drawing. Section 13 That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid or adjudged unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable; and the City Council of the City of Beaumont, Texas, declares it would have passed each and every park of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Rr-rtinn 14 That all ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of January, 2023. - Mayor Robin Mouton - 2 January 24, 2023 Consider authorizing the City Manager to award a contract to Callan Marine, Ltd., of Galveston, for the Riverfront Park Restoration FEMA No. 6499 Project TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: January 24, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Callan Marine, Ltd., of Galveston, Texas, for the Riverfiont Park Restoration FEMA No, 6499 Project. BACKGROUND The Riverfront Park Restoration FEMA No. 6499 Project consists of the installation of a new sheet pile wail, dredging, demolition, a new concrete dock, subsurface drainage, civil site work, a new retaining wall outfall, restoration of 2-48" drain lines, sidewalks, handrails, irrigation, repairs to the pavilion roofs, electrical and lighting work and miscellaneous park items as called out in the plans. On December 22, 2022, five (5) bids were received for furnishing all labor, materials, and equipment for the project, The Engineer's Estimate is $20,000,000.00. The bid totals are indicated in the table below: Contractor Location Base Bid Amount Callan Marine, Ltd. Galveston, TX $16,879,376.00 McCarthyBuilding Companies, Inc. Channelview, TX $17,898,850.00 BO-MAC Contractors, Ltd. Beaumont, TX $18,725,752.00 Orion Construction, LLC Houston, TX $19,361,300.00 Russell Marine, LLC Channelview, TX $20,433,800.00 Lanier & Associates Consulting Engineers and Public Works Engineering staff recommends this project be awarded to the lowest bidder, Callan Marine, Ltd., in the amount of $16,879,376.00. A total of 550 calendar days are allocated for completion of the project. FUNDING SOURCE Capital program in the amount of $421,984.40, Texas Division of Emergency Management (TDEM) in the amount of $1,265,953.20, and Federal Emergency Management Agency (FEMA) in the amount of $15,191,438.40. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City of Beaumont solicited bids for The Riverfront Park Restoration FEMA No. 6499 Project; and, WHEREAS, Callan Marine, Ltd., of Galveston, Texas, submitted a complete bid meeting specification in the amount of $16,879,376.00; and, WHEREAS, the City Council is of the opinion that Callan Marine, Ltd., of Galveston, 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 City Council hereby approves the award of a contract to Callan Marine, Ltd., of Galveston, Texas, in the amount of $16,879,376.00, for The Riverfront Park Restoration FEMA No. 6499 Project; and, BE IT FURTHER. RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Callan Marine, Ltd., of Galveston, 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 24th day of January, 2023. - Mayor Robin Mouton - Excellence By Design ... Since 1974 L.ANIER & ASSOCIATES CONSULTING ENGINEERS, INC. Texas Registered Engineering Firm F-298I January 13, 2023 Mr. Bart Bartkowiak Director of Public Works and Technology Services City of Beaumont 801 Main St, Suite 330 Beaumont, TX 77701 Via email: Bart.Ba►tkowiak c beaumonttexas. ov Re: City of Beaumont Riverfront Stabilization Project Bid Recommendation Letter Lanier No. 10888-1 Dear Mr, Bartkowiak: On Thursday, December 22, 2022 at 2:00 p.m., the bids for the City of Beaumont — Riverfront Stabilization Construction Project were opened and read aloud at City Hall, Lanier & Associates Consulting Engineers, Inc, (Lanier) has performed an engineering review of the bids received. With this letter we wish to summarize the bid results and offer our findings to be considered when awarding this contract. Five (5) bids were received for this project, The five bids are shown below and the total includes Bid Item 25, Project Contingency of $1,000,000, Also, attached to this bid reconunendation letter is a summary spreadsheet of the bids showing results on each of the bid items. Russell Callan Marine McCarthy Bo -Mae Orion Marir><e TOTAL BID $16,879,376.00 $17,898,850.00 $18,725,752.00 $19,361,300.00 $20,433,800.00 Items I - 25 The low bidder, Callan Marine, provided references for three projects of similar contract value. Two of the projects listed as reference projects were for one facility, Texas International Terminals, in Galveston, Texas. Each project was over $20,000,000 in contract price for similar type work involving marine construction and dredging. The third project listed was the North Breton Island Restoration Project with the US Fish and Wildlife Service and appears to be a large dredging project ($54,400,000 contract price) but without the installation of a bulkhead or dock. NEW ORLEANS 4101 Magazine Street, Now Orleans, LA 70115 (504) 895-0388 FAX (504) 895-0566 BEAUMONT 595 Orleans Street, Suite 600, Beaumont, TX 77701 {409) 212-1051 FAX (409) 212-1641 CORPUS CHRISTI 500 N. Shoreline Blvd., Suite 350, Corpus Christi, TX 78401 (361) 402-6996 HOUSTON 3100 Timmons, Suite 435, Houston, TX 77027 (713) 554-5373 WEB SITE www.lanier-engirieers.com GENERAL EMAIL ADDRESS info@Zanier-ongineers.com Exhibit "A° Mr. Bart Bartkowiak January 13, 2023 Page 2 Lanier recommends that Callan be awarded the contract for the Riverfi•ont Stabilization Project based on their lowest hid and responsiveness to the bid requirements. Contract award is pending review and acceptance by the City of Beaumont staff regarding contract documents and commercial terms and conditions. Should you have any questions or con'rncnts regarding this recommendation, please don't hesitate to contact us. Very truly yours, LANIER & ASSOCIATES CONSULTING ENGINEERS, INC. Chris Guy, P.E. Civil/Structural Dept, Manager cauya.lanier- ell gineers.com Encls; Bid Summary Spreadsheet cc; Molly Villarreal, P.E. — City of Beaumont David Cowart — Lanier t yy N m n v y w f MIA 'gv' r"i• °1 O[1� o A .^n h ooN g g $$ YY � H z y a� any ma Li�N N rn �R gg N Q U fn �' a c Is Is $ g LT HH iIdig & $ c s O tim25 5� g �o'Tdo00'6o g� �o Asso m°1h 55�� t5 aa S si vN G V y c •c m V O � q L C. 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R7 In t m H O O lNll S2 c Q Y n O L IR lR N OD VY V} .� ehi V1 yn 06 r'1 N 4 � in N m a m /n rI M ri rn m a h [O pp n= o M O c-I u�ppl mm N In £ d N d Vni N N IR ri p yr vi N w s s g K o N m a O n 00 O o n w g. � o m N n m v tV' W o Ill tlH OS z N H n h N e S o a o 9 ,; mrrmon Cp V o V n � N d � a � o � p O tl tl 0 O p 0 o p W v�v>an v, cn N_ H tl 0 o N Vmi M O g O m ,a W In to .d w ev w o 0 o 0 0 oma�10 10 'i `�° 55�� 25 QQ 8 IR ui ✓i ll CA t m C O p �G N a n q NP t0 M o an�yy ce otr N � N �n N+A Vx N o n m N 1!} H n 14 A O C (J O 50� w n V tl m q �R i5 N oo 4 .i N 1 hi ri ; H H 44 az .5 y e C � U Q e� aa ow m 3 January 24, 2023 Consider authorizing the City Manager to award a contract to Gulf Coast, a CRH Company, for the 4th Street Roadway Rehabilitation Project �r ► TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: January 24, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Gulf Coast, a CRH Company, of Beaumont, for the 4"' Street Roadway Rehabilitation Project. BACKGROUND The 4' Street Roadway Rehabilitation Project consists of milling the existing asphalt pavement, concrete pavement repairs, concrete curb and gutter repairs, crack and joint sealing existing pavement, resurfacing pavement with hot nix asphalt concrete, and pavement markings, The proposed pavement marking layout will be redesigned consisting of a road diet and dedicated bike lanes. On January 12, 2023, two (2) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $5,800,000.00. The bid totals are indicated in the table below: Contractor Location Base Bid Amount Gulf Coast, a CRH Company Beaumont, TX $6,079,536.28 ALLCO, LLC Beaumont, TX $7,187,552.00 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Gulf Coast, a CRH Company, in the amount of $6,079,536.28. A total of 270 calendar days are allocated for completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City of Beaumont solicited bids for the 4th Street Roadway Rehabilitation Project; and, WHEREAS, Gulf Coast, a CRH Company, of Beaumont, Texas, submitted a bid meeting specification in the amount of $6,079,536.28; and, WHEREAS, the Public Works Engineering staff is of the opinion that Gulf Coast, a CRH Company, of Beaumont, 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 City Council hereby approves the award of a contract to Gulf Coast, a CRH Company, of Beaumont, Texas, in the amount of $6,079,536.28, for the 4th Street Roadway Rehabilitation Project; and, BE IT FURTHER. RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Gulf Coast, a CRH Company, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of January, 2023. - Mayor Robin Mouton - L9 I, 'E a Ha U U w w v> w w w w v, w w w w sr w w cz w w a4 w h h G fH b9 H W w w 64 w Vf w w K w w w tl P O o O 4 N O d O 44 O rn do e O P a O � H a U a N Wf w fA w w W w 59 69 M 1/ 49 di M w 1H fR 69 V! U O o o w o o a Mm o ti roan n o V o v4i n a � � i�3 � N �i yv w v w w w cy sn sv +n �n w s�, w w rr w r w a a 0 p, spa 'V C7 0 [�77 6 U p ry .Ni A G7 Yi •O W �•! b OV' �o U� •O 4l b W b V� � b b b Z g � ti ry .+ N � M M M � 1�1 t� [b•1 �Q/1 '/O� 'N1 � •' �h M Vi vMf ON 0 !Y o N n N a M p p n a �n N vy a a n ca ao p p oa po ~ o h ao Q p n f-� O o O O n N 6 b 4 Q ca M to Vl .y y tri i( o V w w I� f9 69 w N 63 w �/l H w 69 w w � w w 69 w w w 4s w to ,6 µ pwy ppw Q, f, O U as �T, w w w w w w vi w w w w av w w w cv w w cy w w w w cn a b �3 a Q{ a w w (y w w 69 w w w w w w F9 w F9 w 69 w w K w w a M�M F'1 W �i 'py W {[hj w a } Y Y } } 7 �3i Y Y �d y Y d 5 �C j > 7 } p a w a a w w tL zu a� 2 a o��g 0wzu � w�xu b b �g b Ii January 24, 2023 Consider authorizing the City Manager to apply, and if approved, enter into an Advanced Funding Agreement with the Texas Department of Transportation for the Transportation Alternatives Set -Aside Program TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: January 24, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply, and if approved, enter into an Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Transportation Alternatives Set -Aside (TA) Program. BACKGROUND The Texas Department of Transportation (TxDOT) issued a call for projects in December 2022 for the Transportation Alternatives Set -Aside (TA) Program for bicyclist and pedestrian infrastructure and planning. Each city can submit a total of three projects for funding consideration. The preliminary applications are due on January 27, 2023, to TxDOT. The three projects recommended by staff are shown below. The City, through this resolution is indicating its willingness to apply, and if approved, enter into an Advanced Funding Agreement with TxDOT, and will commit to the project's development, implementation, construction maintenance, :management, and financing of all non-reiiubursable costs, and 100% of overruns should they occur. For the TA Program there are available Transportation Development Credits (TDCs) that staff will apply for that could cover up to 100% of the City's Contribution for these projects if TxDOT determines the City eligible. Project Name Total Cost City Contributions 20% Citywide School Zone Sign Improvements $1,010,000.00 $202,000.00 Charlton Pollard Elementary School Sidewalk Improvements $1,800,000.00 $360,000.00 Beaumont United High School Sidewalk Improvements $915,000.00 $183,000.00 FUNDING SOURCE 80% Federal Funding with the remaining 20% fi•om the Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for, and if approved, enter into an Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Transportation Alternatives Set -Aside (TA) Program, which is substantially in the form attached hereto as Exhibit "A," and respectively, and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL. of the City of Beaumont this the 24th day of January, 2023. - Mayor Robin Mouton - Proposed Project Submissions for the Transportation Alternatives Program Program Description On December 2, 2022, TxDOT announced a call for projects for the Transportation Alternatives Set - Aside (TA) Program for bicyclist and pedestrian infrastructure and planning. Each city can submit a total of three projects for funding consideration. TxDOT will evaluate each submission and award funding to the projects that best demonstrate the following qualifications: • Provides safer accommodations for waiking, bicycling, and other non -motorized travel to destinations of interest including business districts, downtowns, schools, and health facilities. • The applicant can provide a comprehensive and detailed construction cost estimate, which then has the potential to quickly advance the project to construction if selected for funding. • Improves non -motorized travel options in under -served communities. Low -to -Moderate Income Percentage (L,MI%) in the area is used to help determine these communities. • Fulfills a demand such as providing access to higher density residential and/or employment areas. Below is a list of proposed projects prepared by city staff ranked in order of preference and likelihood of getting selected for funding. Exhibits illustrating the limits and details of the projects are also included. Project 1: Citywide School Zone Sign Improvements This project consists of upgrading the existing school zone sign assemblies that notify drivers when the reduced speed limit is active. The proposed new standard assembly consists of three flashing beacons along with the speed limit sign, a plaque prohibiting cell phone use, and a plaque for the times in which the school zone is active. This project will upgrade all substandard sign assemblies to match the new standard in addition to implementing a new software for remote monitoring and programming. Estimated Cost: $1,010,000.00 City Contribution: $202,000.00 (20%) The proposed software will provide the following benefits: • it will monitor each sign and notify a technician if a beacon is not flashing during the designated time. This will allow malfunctions to be addressed immediately and reduce the occasions in which drivers unintentionally speed through an active school zone. • It will monitor each bulb and notify a technician if it is about to go out. This will ensure maximum efficiency and prevent premature replacement of good bulbs. • It will allow a technician to reprogram multiple signs at once from a computer in their office, whereas they currently must visit and manually reprogram each sign. Pagel of BEAUMONT PA11c Works Exhibit "A" Proposed Project Submissions for the Transportation Alternatives Program The following proposed projects consist of repairing/constructing sidewalks within the described limits for each area. Project 2 Charlton Pollard Elementary School Sidewalk Improvements • Both sides of Irving Avenue from Buford Street to Madison Avenue • Both sides of Brooklyn Street from Buford Street to Madison Avenue Estimated Cost: $1,800,000.00 City Contribution: $360,000.00 (20%) LMI%: 73.28 Project 3 Beaumont United High School Sidewalk Improvements • North side of Fannett Road from Edmonds Avenue to Fourth Street • South side of Fannett Road from Sarah Street to Fourth Street Estimated Cost: $915,000.00 City Contribution: $183,000.00 (20%) LMI%: 55.90 Page 2 of 2 BEAUMONT Public W orks PROJECT1 Citywide School Zone Sign Improvements PROJECT 2 Charlton Pollard Elementary School Sidewalk Improvements W BUFORD ST aA F', PROPOSED SIDEWALK BOTH SIDES OF ROAD 5�iy 1�fl PROPOSEDSIDEWALK CHARLTON POL BOTH SIDE F ROAD LARD FROM BUFORD STREET ELEMENTARY E FROM BUFORD STREET V..." TO MADISON AVENU 'i -Z TO MADISON AVENUE 4r� 04 .4 0 4� y4k lit tv� Al All"'.1, . gj F Aw" n2w ;7 11 IV, % Rp 4 *A �4 0 4 W w" *0 X 4- -.3 � -x 1A 3 07 4 I MD..' 0 Al A 1 rT, A Ile rid 'NA. `x ar. "AM "V, MADISON AVE .4 'a PROJECT 3 Beaumont United High School Sidewalk Improvements �& � '_. r 7.1s � E r I A' ��t "kl i, RlY' e '�''�,i� � m � � .' � �• i �p "`*. r a •9 °- v t :r 7�a r� S :p I �7 ��hA t y� t i i n ' r '9! ,4. $ t',;E."f;-•i' X I` I P} Vi,g x9 '-�j �r r� � � � � t ,fin .•� o-, r.� ,� � �"a i I A b� i? on t� II t , l - .v '�'L d 9Shr c�JE SF d✓` - } _�a I� S _. iI r -6 i fi- �r ' PROPOSED SIDEWALK �`r,�,p�r' FROM FOURTH STREET TO i ja .IM,�"� ai EDMONDS AVENUiw ��``� fi} �r i ix' -i_. 1 ... I} - • s' . e � � �+� � 1� �i' '�4� �. � a Y� it —� � 1 t r" $ ? z? �� j u.. 5�. =. . �� � 4. MAI 50 BEAUMONT UNITED, m�Yjto 3 AM I A 3. 10 PROPOSED SIDEWALK �i� "'`7 } d::C.a t s1,ar -.` 4 'i •`P-1` afr r� .; FROM FOURTH STREET � � TO SARAH STREET a ,; 5k EDMUNUs AVENUE is �s l } „' fr`1, ?�•� �� i I9 t J. gyk 4 )� t t- SARAH STREET �1. mm �A r 5 January 24, 2023 Consider authorizing an agreement with RailPros Field Services, Inc., of Irving, for the monitoring and flagging services required by Union Pacific Railroad for the emergency repair of a sewer cavity under the Union Pacific Railroad at West Florida Avenue and Avenue A TEXAS TO: City Council FROM: Kenneth R, Williams, City Manager PREPARED BY: Mike Harris, Director of Water and Sewer Operations MEETING DATE: January 24, 2023 REQUESTED ACTION: Council consider a resolution authorizing an agreement with RailPros Field Services, Inc., of Irving, Texas for the monitoring and flagging services required by Union Pacific Railroad for the emergency repair of a sewer cavity udder the Union Pacific Railroad at West Florida Avenue and Avenue A. BACKGROUND On January 10, 2023, by Resolution No. 23-018, City Council approved a contract to To-Mex Construction, LLC, of Houston, Texas in the amount of $316, 98990 to complete the emergency repair of a sewer cavity under the Union Pacific Railroad at West Florida Avenue and Avenue A. As a requirement by Union Pacific Railroad, to proceed with the emergency repair, an approved company must be onsite for observation and flagging during construction. Union. Pacific Railroad has approved RailPros Field Services, Inc., for the required services. It is recommended that an agreement with RailPros Field Services, Inc., for 45 days, in the amount of $150,000.00 be approved, FUNDING SOURCE Capital Program — Sewer Main Repair. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on January 10, 2023, by Resolution 23-018, City Council awarded a contract to To-Mex Construction, LLC, of Houston, Texas, in the amount of $316,989,90, to complete the emergency repair of a sewer cavity under the Union Pacific Railroad at West Florida Avenue and Avenue A; and, WHEREAS, as a requirement by Union Pacific Railroad, to proceed with the emergency repair, an approved company from their vendor list must be onsite for observation and flagging during construction; and, WHEREAS, Union Pacific has approved RailPros Field Services, Inc., of Irving, Texas, for the monitoring and flagging services required by Union Pacific Railroad for the emergency repair of a sewer cavity under the Union Pacific Railroad at West Florida Avenue and Avenue A, in the amount of $150,000.00 for forty-five (45) calendar days. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute an agreement with RailPros Field Services, Inc., of Irving, Texas, in the amount of $150,000.00, 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 24th day of January, 2023. Mayor Robin Mouton - January 24, 2023 Consider approving a contract with Marsh Waterproofing, Inc,, of Vidor, for maintenance and repair services for use by the Facilities Maintenance Department T E X A S TO: City Council FROM: Keimeth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 24, 2023 REQUESTED ACTION: Council consider a resolution approving a contract with Marsh Waterproofing, Inc,, of Vidor for maintenance and repair services for use by the Facilities Maintenance Department BACKGROUND Bids were requested for an annual contract to provide on demand repair, maintenance, and light construction services as needed. The contract does not include demolition services, or projects which are reasonably anticipated to approach or exceed $75,000. Specifications requested hourly labor rates for carpenters, helpers, concrete finishers, equipment operators, and general laborers together with percentage markup for materials and equipment rentals. Bids were evaluated on total annual cost based upon estimated labor hours for each skill category and condition. Eleven (11) vendors were notified with two vendors responding. The lowest qualified bid was received from Marsh Waterproofing. The total estimated bid for the annual contract is $92,940, There is no cost increase over previous contract per estimated usage, as Marsh holds the current contract. Bid Tabulation attached. FUNDING SOURCE General Fund (31%), Capital Program (21 %), Solid Waste Fund (15%), Water Utilities Fund (22%), Legal Fund (2%), Hotel Occupancy (7%), Transit Fund (2%). RECOMMENDATION Approval of the resolution. B AUMONT --- T r x A 5 ------ City of Beaumont, Beaumont, Texas Purchasing Division Bid Tabulation Bid Name: Annual Contract for Repair & Maintenance Services Bid Number: MF1223-18 Sid Opening: Thursday, January 12, 2023 Contact Person: Christy Williams, Buyer III christy.w1tiiams@beaumonttexas.gov Phone:409-880-3758 Vendor Marsh Waterproofing Inc.' SETEX Construction City/State 1/idor, Tx Beaumont, TX Item Usage Unit Price Total Unit Price Total Straight time hourly rates- 7:00 a.m: 7:00 p.m. Mon -Fri Carpenter/Sheet 1,000 $35 :/hr $35,000 ; $39.50 hr $39,500 metal worker . Carpenter Helper Soo $20 /hr $10,000 $31 /hr $15,500 Concrete Finisher/journeyman 300 $35 /hr. 10,500 $33 /hr $9,900 Concrete Worker 200 $15 /hr $3,000 $31 /hr $6,200 Equipment Operator 100 .$35 .: /hr .$3,500 $45 /hr $4,500 General Laborer 100 $15 /hr $1,500 $28 /hr $2,800 Overtime hourly rates-7:00 p.m.-7:00 a.m. Mon -Fri & All Day Saturday Carpenter/Sheet 40 $35 /hr. $1,400 $50.50 /hr $2,020 metal worker Ca rpe nte r H el per 40 :.'$21 /hr .$840 $42 /hr $1,680 Concrete 40 $35 /hr $1,400 $44 /hr $1.,760 Finisher/Journeyman Concrete Worker 40 $15 /hr $600 $39 /hr $1,560 Equipment operator 40 $35 /hr $1,400 $59 /hr $2,360 General taborer 40 $15 /hr $600 $37 /hr $1,480 SUNDAY/EMERGENCY Carpenter/Sheet $52.50 /hr $65 /hr metal worker . Carpenter Helper $31.50 /hr : $55 /hr 1 il Concrete $5250 /hr.: $60 /hr Finisher/Journeyman Concrete Worker ..$22,50 , ,/hr..mr'ff� 58 /hr Equipment operator $52.50 /hr.75 /hr General Laborer $22,50 (hr'45 /hr MATERIAL MARKUP $15,000 Material % 16% 10% Value $2,400 $1,500 EQUIPMENT RENTAL $5,000 Rental % 16% 10% Value $800. $500 BID SUMMARY: TOTAL STRAIGHT TIME $63,500 $78,400 TOTAL OVERTIME $6,140 $10,860 TOTAL MATERIALS $17,400 $16,500 TOTAL EQUIPMENT $5,800 $5,500 TOTAL BID $92,940 $111,260 Low qualified bidder Is Marsh Waterproofing Inc. of Victor. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City of Beaumont requested bids for an annual contract to provide on demand repair, maintenance, and light construction services as needed but not including demolition services, or projects which are reasonably anticipated to approach or exceed $75,000.00; and, WHEREAS, Marsh Waterproofing, Inc., of Vidor, Texas, submitted a bid meeting specification in the amount of $92,940.00; and, WHEREAS, the City Council is of the opinion 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 City Council hereby approves the award of a contract to Marsh Waterproofing, Inc., of Vidor, Texas, in the amount of $92,940.00, for an annual contract to provide on demand repairs, maintenance and light construction; and, BE IT FURTHER RESOLVED THAT the 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 24th day of January, 2023. - Mayor Robin Mouton - h January 24, 2023 Consider authorizing the City Manager to enter into an agreement with Evergreen Solutions, LLC to conduct a compensation and classification study K TEXAS TO: City Council FROM: Kenneth R. Williarns, City Manager PREPARED BY: Chris Catalina, Human Resources Director MEETING DATE: January 24, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to eater into an agreement with Evergreen Solutions, LLC to conduct a compensation and classification study. BACKGROUND Evergreen Solutions, LLC, along with Gallagher and Baker Tilly, submitted proposals for a compensation and classification study. After evaluation by staff, Evergreen was selected to be awarded a contract to conduct the study. The total cost of services is $52,500. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. Criteria Stoning Sheet RFP for a Compensation and Classification Study for the City of Beaumont RFP Number: TF1223-09 RFP Opening Date: January 12, 2023 Item Na. Criteria MaximumPoints Score 1 Quality, Adequacy, and Organization of the Proposal 20 2 City Experience of Firm In Conducting Similar Studies for Governmental Agencies 20 3 Content, Technical Approach, and Understanding of the Scope of 20 this Project 4 Proposed Timel€ne. 20 5 Cost 20 TOTAL POINTS Proposers Name: L-, Ve � 4 r, Scorer's Printed Name: �Yi 4. �c KA Scorer's Signature; Date: , -,� d ( - ,2023 Criteria Scoring Sheet RFP for a Compensation and Classification Study for the City of Beaumont RFP Number: TF1223-09 RFP Opening Date: January 12, 2023 Item No. Criteria Maximum Points Score 1 Quality, Adequacy, and Organization of the Proposal 20 2 City Experience of Firm in Conducting Similar Studies for Governmental Agencies 20 3 Content, Technical Approach, and Understanding of the Scope of 20 this Project zj Proposed Timeline, 20 5 Cost 20 1-7 TOTAL. POINTS Proposers Name: �, 1", A Scorer's Printed Name: Scorer's Signature: °- Date: ` `N • t 6 2023 Criteria Scoring Sheet RFP for a Compensation and Classification Study for the City of Beaumont RFP Number: TF1223-09 RFP Opening Date: January 'f 2, 2023 Item No. Criteria Maximum Points Scare I Quality, Adequacy, and Organization of the Proposal 20 2 City Expetience of Firm In Conducting Similar Studies for Governmental Agencies 20 3 Content, Technical Approach, and Understanding of the Scope of 20 this Project 4 Proposed Timeline. 20 5 Cost 20 TOTAL POINTS Proposers Name; Scorer's Printed Name: (2 v' 13 Scorer's Signature: Date: VA , 2023 3 Criteria Scoring Sheet RFP for a Compensation and Classification Study for the City of Beaumont RFP Number; TF1223-09 RFP Opening Date: January 12, 2023 Item No. Criteria Maximum Points Score 1 Quality, Adequacy, and organization of the proposal 20 2 City Experience of Firm In Conducting Similar Studies for Governmental Agencies 20 3 Content, Technical Approach, and Understanding of the Scope of 20 this Project 4 Proposed Timeline. 20 t 5 Cost 20(} TOTAL POINTS Proposers Name: Scorer's Printed Names Scorer's Signature: Date; Cal , � 2023 Criteria Scoring Sheet RFP for a Compensation and Classification Study for the City of Beaumont RFP Number: TF1223-09 RFP Opening Date; January 12, 2023 Item No. Criteria Maximum points Score 1 Quality, Adequacy, and Organization of the Proposal 20 .19 2 City Experience of Firm in Conducting Similar Studies for Governmental Agencies 20 csb 3 Content, Technical Approach, and Understanding of the Scope of Project 20 R ©� this 4 Proposed Timeline. 20 D 5 Cost 20 TOTAL POINTS 9 Proposers Name: Scorer's Printed Name: Scorer's Signature; Date: C �1 2023 Criteria Scoring Sheet RFP for a Compensation and Classification Study for the City of Beaumont RFP Number: TF1223-09 RFP Opening Date: January 12, 2023 Item No. Criteria Maximum Paints Score 1 Quality, Adequacy, and Organization of the Proposal 20 2 City Experience of Firm In Conducting Similar Studies for Governmental Agencies 20 D 3 Content, Technical Approach, and Understanding of the Scope of this Project 20 4 Proposed Timeline. 20 5 Cost 20 TOTAL POINTS Proposers Name: G) GA1 o-3 Scorer's Printed Nam Scorer's Signature: Date: �) o—v, . n 2023 Criteria Scoring Sheet RFP for a Compensation and Classification Study for the City of Beaumont RFP Number: TF1223-09 RFP Opening Date: January 12, 2023 Item No. Criteria Maximum Points Score 1 Quality, Adequacy, and Organizallon of the Proposal 200 2 City Experience of Firm in Conducting Similar Studies for Governmental Agencies 20 G 010 3 Content, Technical Approach, and Understanding of the Scope of this Project 20 4 Proposed Timeline. �IYIv6 t�®zv l � � 3 i 20 5 Cost f 6-b b 20 TOTAL POINTS Proposers Name: Scorer's Printed Name: Scorer's Signature: Date: ,2023 Criteria Scoring Sheet RFP for a Compensation and Classification Study for the City of Beaumont RFP Number: TF1223-09 RFP Opening Date: January 12, 2023 Item No. Criteria Maximum Points Score 1 Quality, Adequacy, and Organization of the Proposal 20 16) 2 City Experience of Firm in Conducting Simllar Studies for Governmental Agencies 20 3 Content, Technical Approach, and Understanding of the Scope of 20 this Project 4 Proposed Timeline. � /� � 20 � a 5 Cost � 20 TOTAL POINTS Proposers Name: Scorer's Printed Name: tir1G[.1w Scorer's Signature: Date: 2023 Criteria Scoring Sheet RFP for a Compensation and Classification Study for the City of Beaumont RFP Number: TF1223-09 RFP Opening Date: January 12, 2023 Item No. Criteria Maximum Points Score 1 Qualify, Adeq uacy, and Organization of the Propos l /Af 30 2 City Experience of Firm in Conducting Simliar Studies for Governmental Agencies 20 46, 3 Content, "technical Approach, and Understanding of the Scope of 20 this Project 13� 4 Proposed Timeline. 20 5 Cost 20ZI TOTAL POINTS 10 Proposers Name: Scorer's Printed Name: Scorer's Signature: Date: % ,2023 RESOLUTION NO. 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 agreement with Evergreen Solutions, LLC of Tallahassee, Florida, to conduct a compensation and classification study in the amount of $52,500.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of January, 2023. Mayor Robin Mouton - 0 • January 24, 2023 Consider authorizing the City Manager to apply, and if approved, enter into an Advanced Funding Agreement with the Texas Department of Transportation for the Highway Safety Improvements Program TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: January 24, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply, and if approved, enter into an Advanced Funding Agreemnent with the Texas Department of Transportation (TxDOT) for the Highway Safety Improvements Program (HSIP). BACKGROUND The Texas Department of Transportation (TxDOT) issued a call for projects in December 2022 for conununities to apply for off system project funding assistance through the Highway Safety Improvements Program (HSIP). The intended purpose of the program is to improve the safety of accident-prone areas. The proposed project for consideration consists of interconnecting traffic signals by implementing an adaptive traffic signal program for ten signalized intersections along Calder Avenue and Phelan Boulevard between Ketuledy Drive and IH-10. The total project cost is estimated to be $486,623.00 with an anticipated let date of Summer 2026. The program requires a local match of ten percent, which will total $48,662,30, The submittal deadline is January 31, 2023. The City, through this resolution is indicating its willingness to apply, and if approved, enter into an Advanced Funding Agreement with TxDOT, and will commit to the project's development, implementation, construction maintenance, management, and financing of all non -reimbursable costs, and 100% of overruns should they occur. FUNDING SOURCE 90% Federal Funding with the remaining 10% from the Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for, and if approved, enter into an Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Highway Safety Improvements Program (HSIP), which is substantially in the form attached hereto as Exhibit "A,° and respectively, and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of January, 2023. Mayor Robin Mouton - Y NKSAS lVN9lS dnlldVdV a3SOdO'dd 4 w MHOOId SiNIUAO "I m ' J W A13JVS AVMHUH WOZ Lo SVX,9l `LNOW(1v35.J0 ADO Cf! s > Y$'ea W. �r 1ps .c , ` '. as v .o X Ld . A X Pit, `r P � ' � ✓G '�r'ab a y"""44ii Y � S -..,� •S�Sea `�a��c't�i"_3 .'�.nSbE���et"1 ^��^^� ..� ,..5 0 January 24, 2023 Consider amending Resolution No. 21-111 that the Beaumont City Council meet with the Board of Trustees of the Beaumont Independent School District a minimum of two meetings per year, instead of quarterly, to discuss items of mutual benefit or concern IRMA W �Aw , 17, TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager MEETING DATE: January 24, 2023 REQUESTED ACTION: Council consider amending Resolution No. 21-111 that the Beaumont City Council meet with the Board of Trustees of the Beaumont Independent School District a minimum of two meetings per year, instead of quarterly, to discuss items of mutual benefit or conceal. BACKGROUND On April 27, 2021, a resolution was approved by City Council to meet with the Board of Trustees on a quarterly basis. The City Council met with the Board of Trustees of the Beaumont Independent School District on November 7, 2022. During the meeting, a request was made that the resolution be amended from quarterly meetings to a minimum of two meetings per year. RESOLUTION NO. 21-111-A BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City Council and the Board of Trustees of the Beaumont Independent School District have agreed to meet on a minimum of two (2) meetings per year instead of quarterly, to discuss items of mutual benefit or concern; NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council has agreed to meet with the Board of Trustees of the Beaumont Independent School District on at least a quarterly basis for the above referenced purpose, The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of .January, 2023. - Mayor Robin Mouton - 10 January 24, 2023 Consider authorizing a Gas and Purchase Agreement with OCI Fuels USA Inc. TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: 3anuauy 24, 2023 REQUESTED ACTION: Council consider a resolution authorizing a Gas and Purchase Agreement with OCI Fuels USA Inc. BACKGROUND OCI would life to enter an agreement with the City of Beaumont to purchase all Biogas extracted from the City Landfill for the purpose of securing a long-term supply of fuel for processing the Landfill,Gas into Renewable Natural Gas. The terin of the agreement will be for twenty (20) years with the option to extend for two additional periods of five years each. OCI will be responsible for all design, installation, and operation & maintenance costs of the Collection System. City will receive semi-annual payments from OCI for the term of the agreement equal to the Royalty Payment Schedule shown in Exhibit C of the Agreement. FUNDING SOURCE ; Solid Waste Fund will receive the revenue. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, OCI Fuels USA Inc., would like to enter into an agreement with the City of Beaumont, to purchase all Biogas extracted from the City Landfill for the purpose of securing a long-term supply of fuel for processing the Landfill Gas into Renewable Natural Gas; and, WHEREAS, the terms of the agreement will be for twenty (20) years with the option to extend for two (2) additional periods of five (5) years each; and, WHEREAS, OCI Fuels USA Inc., will be responsible for all design, installation, operation, and maintenance cost of the Collection System. NOW, THERFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Gas and Purchase Agreement with OCI Fuels USA Inc., the agreement is substantially in the form attached hereto as Exhibit "A," and respectively, and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of January, 2023. - Mayor Robin Mouton PRIVILEGED & CONFIDENTIAL OCT Draft Sanuary 17, 2023 FOR DISCUSSION PURPOSES ONLY GAS SALE AND PURCHASE AGREEMENT between City of Beaumont, Texas and OCI Fuels USA Inc. Exhibit "N' PRIVILEGED & CONFIDENTIAL OCI Draft January 17, 2023 FOR DISCUSSION PURPOSES ONLY TABLE OF CONTENTS Page ARTICLE I DEFINITIONS AND INTERPRETATION ....................... . ........... I ............................ I 1.1 Definitions................................................................................................................1 1.2 Interpretation............................................................................................................1 TERM ARTICLEII ...................................................................................................................I....12 2.1 Term 2.2 .........................................................................................................................2 Due Diligence Period...............................................................................................2 2.3 No Further Obligation..............................................................................................3 ARTICLE III COLLECTION SYSTEM: DESIGN, INSTALLATION, AND OPERATION ....... 3 3.1 3.2 Design......................................................................................................................3 Installation........................................................ ........................................................ 3 3.3 3.4 3.5 3.6 3.7 3.8 3.9 Operation and Maintenance.....................................................................................3 City Review of Plans; Permits and Approvals.........................................................4 Records....................................................................................................................4 Operations Reports...................................................................................................4 Compliance..............................................................................................................4 City Sole Duty..........................................................................................................4 City's Rights and Duties Regarding Operation of Collection System.....................5 3.10 Right of Inspection...................................................................................................5 3.11 Option to Transfer Collection System.....................................................................5 ARTICLEIV PURCHASE AND SALE.......................................................................................1.5 4.1 Rights to the Landfill Gas and Environmental Attributes .......................................5 4.2 4.3 Royalty Payment and Semi -Annual Statement........................................................5 Delivery Point; Title/Risk of Loss...........................................................................6 4.4 Credits/Benefits Retained by Developer..................................................................6 4.5 4.6 Monetizing Environmental Attributes.....................................................................6 Specifications; Right to Flare Gas...........................................................................6 ARTICLEV MEASUREMENT.....................................................................................................7 5.1 Metering and Measurement.....................................................................................7 5.2 Citv's Option to Install Meters................................................................................7 5.3 Metering Equipment Standards................................................................................ 1 5.4 System Conditions...................................................................................................7 5.5 Specific Metering Issues..... .................. ................ ................................................. 8 ARTICLEVI GAS UPGRADE SYSTEM......................................................................................8 6.1 Right to Construct and Operate................................................................................8 6.2 Permits and Approvals.............................................................................................8 6.3 Design: and Construction of the Gas Upgrade System.............................................9 6.4 Developer's Maintenance and Operation of the Gas Upgrade System....................9 6.5 Gas Upgrade System Expansion..............................................................................9 ARTICLE VII SITE LEASE, SUBLEASES, AND EASEMENTS................................................9 7.1 Site Lease.................................................................................................................9 7.2 Subleases......................................................................................................I.....1...10 7.3 Easements..............................................................................................................10 ARTICLE VIII GENERAL OBLIGATIONS AND COVENANTS............................................10 8.1 Non -Dedication of Facilities..................................................................................10 8.2 Operations at the Landfill.. ....................................................................................10 8.3 Leaehate and Condensate; Other Waste................................................................10 8.4 Air Emission Permitting........................................................................................11 8.5 Taxes......................................................................................................................11 8.6 Inspection of Books and Records; Accounting.....................................................11 8.7 Communications....................................................................................................12 8.8 No Adverse Landfill Modifications.......................................................................12 8.9 Insurance................................................................................................................12 ARTICLE IX REPRESENTATIONS AND WARRANTIES........................................I.............12 9.1 Developer Representations....................................................................................12 9.2 City Representations..............................................................................................13 9.3 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES ......................14 ARTICLE X DEFAULT, REMEDIES, AND TERMINATION EVENTS..................................15 10.1 Event of Default..................................................................................................... is 10.2 City's Remedies.....................................................................................................15 10.3 Developer's Remedies...., . ..................................................................................... 16 10.4 Termination for Convenience................................................................................16 10.5 Actions Upon Expiration or Termination..............................................................16 ARTICLE XI INDEMNIFICATION AND LIMITATION ON LIABILITY...............................17 II, I Indemnification......................................................................................................17 11.2 Limitation on Liability...........................................................................................18 11.3 Waiver of Damages; Non-Reliance.......................................................................18 11.4 Non -Recourse..... ...................................... .................. .................... .................... 18 ARTICLE XII LENDERS AND LENDERS RIGHTS.................................................................18 12.1 Lenders...................................................................................................................19 12.2 Lender Rights.........................................................................................................19 12.3 Successor Obligations............................................................................................19 12.4 Copies of Notices...................................................................................................19 12.5 No Termination ......................................................................................................20 ARTICLEXIII FORCE MAJEURE.............................................................................................20 ARTICLEXIV MISCELLANEOUS............................................................................................20 14.1 Amendment............................................................................................................20 14.2 Governing Law; Jurisdiction..................................................................................20 14.3 Dispute Resolution.................................................................................................21 14.4 Attorneys' Fees......................................................................................................21 14.5 Notices...................................................................................................................21 14.6 Headings...............................................................................................................22 14.7 No Waiver. .................................................................................................... ........ 22 14.8 Facsimile Signatures; Counterparts.......................................................................22 149 Severability............................................................................................................22 14.10 Entire Agreement...................................................................................................22 14.11 Subcontracting; Assignment..................................................................................22 14.12 Further Assurances.................................................................................................23 14.13 No Partnership.......................................................................................................23 14.14 Confidential information.......................................................................................23 14.15 Third Party Beneficiaries.......................................................................................24 14.16 Publicity and Corporate Identity............................................................................24 14.17 Tax Benefits and Other Incentives.........................................................................24 1418 Essential Terms......................................................................................................24 EXHIBITS Exhibit A -- Description of the Landfill Exhibit B — Project Milestones Exhibit C — Definitions Exhibit D — Insurance Exhibit E — Site Lease Exhibit F — Easements Exhibit G — Division of Responsibilities Exhibit H -- Metering and Measurement Exhibit I — Landfill Gas Specifications Exhibit J — Condensate Delivery Point -iv- PRIVILEGED & CONFIDENTIAL FOR DISCUSSION PURPOSES ONLY OCT Draft January 17, 2023 GAS SALE AND PURCHASE AGREEMENT THIS GAS SALE AND PURCHASE AGREEMENT (this "A '), effective as of January _, 2023 (the "Effective Date"), is entered into between City of Beaumont ("City"), and OCT Fuels USA Inc., a Delaware corporation ("Developer"). RECITALS A. City owns and operates a municipal solid waste disposal facility, located at 5895 Laffn Road, Beaumont, Texas 77705 (defined below as the Landfill). B. City desires to grant Developer the exclusive right to develop and install a system to convert biomass to Biogas at the Landfill, including a landfill gas collection and management system at the Landfill, (collectively defined below as the Collection System). C. City desires to sell and Developer desires to purchase all Biogas extracted from the Landfill for the purpose of securing a long-term supply of fuel for processing the Landfill Gas into Renewable Natural Gas, using the Gas Upgrade System on or adjacent to the Landfill. D. The Project will create societal and environmental benefits, which include reduction of greenhouse gas emissions and reduction in other air emissions resulting from operation of the landfill NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and wishing to be legally bound, the parties agree as follows: ARTICLE I DEFINITIONS AND INTERPRETATION 1.I Definitions. For purposes of this Agreement, capitalized terms shall have the meaning specified or referred to in EXHIBIT C. 1.2 Interpretation. In this Agreement, unless otherwise stated: (a) Any reference to an agreement or document (including those set forth electronically on an internet web site) or a portion or provision thereof shall be construed as a reference to the same as has been, or may be, amended, supplemented or otherwise modified and in effect from time to time; (b) Any reference to Applicable Laws and to terms defined in, and other provisions of, Applicable Laws (including those set forth electronically on an internet web site) shall be references to the same (or a successor to the same) as has been, or may be, amended, supplemented or otherwise modified and in effect from time to time; (c) Any reference to a Person shall include that Person's respective successors and permitted assigns; (d) Any reference to a Governmental Authority shall be construed as including a reference to any Governmental Authority succeeding to all or a portion of its functions and capacities; (e) Any reference to a particular Section or Schedule shall be a reference to the relevant Section of, or Schedule to, this Agreement; (f) The words "herein," "hereafter," "hereunder" and similar words shall be construed as a reference to this Agreement as a whole and not to any particular portion or provision of this Agreement; (g) Words in the singular may be interpreted as referring to the plural and vice versa, and words denoting natural persons may be interpreted as referring to other types of Persons and vice versa; (h) Whenever this Agreement refers to a number of days, such number shall refer to the number of calendar days unless Business Days are specified. A requirement that a payment be made (or an obligation be performed or a requirement be satisfied) on or by a day that is not a Business Day shall be construed as a requirement that the payment be made (or obligation be performed or requirement be satisfied) on or by the next following Business Day unless otherwise stated; (i) Whenever the term "include," "includes" or "including" is used herein, such term shall be deemed to be followed by the words "without limitation" and construed as being illustrative and inclusive of but not exhaustive or limited to the items that follow; and 0) Reasonable operations shall mean that operations at the Landfill shall not be interrupted and access to dirt pits shall not be blocked. City shall be the sole decider regarding interruption of operations. ARTICLE 11 TERM 2.1 Term, The Term of this Agreement commences on the Effective Date and, unless earlier terminated in whole or part as provided in this Agreement, continues and remains in full force for twenty (20) years from and after the Commercial Operations Date (the "Initial Term"); provided, so long as Developer is in material compliance with the terms and conditions of this Agreement and the Site Lease, Developer shall have the right to extend the term of this Agreement for up to two additional periods of five (5) years (each an "Extended Term", and together with the Initial Term, the "Tenn") by providing written notice to City no less than sixty (60) days prior to the end of the then -applicable Term, upon the same terms and conditions as contained in this Agreement. 2.2 Due Diligence Period. (a) Within ten (10) Business Days after the Effective Date, City shall deliver to Developer any specific design parameters desired for the Collection System as well as certain other site data, including existing Landfill permits, as -built or design liner grades and cross -sections, -2- waste volumes in place, waste types, availability of utility services, and leachate volume data as well as other existing data and information related to the design and operation of the Landfill. (b) During the six-month period beginning upon the Effective Date (the "Due Diligence Period'), Developer shall assess the viability of the Collection System and Gas Upgrade System, including to (i) evaluate requirements for emissions controls at the Landfill, (ii) evaluate whether there is adequate Biogas at the Landfill to support the Collection System and Gas Upgrade System, and (iii) perform engineering design, environmental, and other due diligence for the Collection System and Gas Upgrade System. At any time during the Due Diligence Period, Developer shall have the unilateral right to terminate this Agreement if Developer determines that the Collection System or Gas Upgrade System will not be commercially viable. 2.3 No Purther Obli ation. If Developer terminates this Agreement pursuant to Section 2.2, such termination shall be without liability among the parties and neither party shall have any further obligation to proceed under this Agreement. ARTICLE III COLLECTION SYSTEM: DESIGN, INSTALLATION, AND OPERATION 3.1 Desig,n. Developer shall have the exclusive right to finance, permit, design, construct, own and operate the Collection System, and any expansion thereof, in compliance with all Applicable Laws. Developer will provide to City the specifications and engineering drawings for the Collection System for City's review and approval (which shall not be unreasonably witl3held or delayed) prior to beginning any construction activities or obtaining any permits for the Collection System. 3.2 installation. Developer will coordinate with City and make commercially reasonable efforts to install the Collection System so as not to unreasonably interfere with City's activities at the Landfill. Following the Effective Date, Developer and City shall negotiate in good faith an amendment to this Agreement outlining Project Milestones to be set forth on EXHIBIT B with respect to the Collection System and Developer shall use commercially reasonable efforts to achieve such milestones in a timely manner. City shall have the right to inspect construction activities, and upon construction completion, conduct a final inspection of the Collection System. All Collection System facilities installed by Developer or its subcontractors shall be owned by Developer. 3.3 operation and Maintenance. Developer shall operate and maintain the Collection System during the Term in compliance with all Applicable Laws. At its sole discretion, Developer has the right to subcontract any operation and maintenance obligations to a qualified third -party operator. Developer will make commercially reasonable efforts to operate and maintain the Collection System so as not to unreasonably interfere with City's activities at the Landfill. Without limiting the foregoing, Developer shall agree to conduct activities so as to minimize, to the extent practicable, interference with incoming waste loads, daily cover operations and alternate daily cover operations. Following the Effective Date, Developer and City shall negotiate in good faith an amendment to this Agreement outlining their respective responsibility for certain activities related to operation and maintenance of the Collection System to be included in EXHIBIT G entitled "Division of Responsibilities," which is incorporated herein by reference. -3- 3.4 City Review of Plans Permits and.Asprovals. (a) Promptly, but in any case, within ten (10) Business Days after Developer's submission of the specifications, drawings, plans, and other information to City as contemplated under Section 3.1, City shall inform Developer in writing of any comments or reasonable objections to the plans and specifications. (b) At Developer's request and expense, City shall reasonably cooperate with Developer in connection with any hearings, proceedings or other procedures, and with the preparation of any environmental impact reports or studies required in connection with any permits, authorizations or easements related to the installation, construction or expansion of, modification or addition to, or the operation, repair or maintenance of the Collection System. (c) City shall be responsible for obtaining and for paying all costs associated with initial and recurring permits required by any Governmental Authority with respect to the ownership and operation of the Landfill. City shall, if legally required as Landfill owner, obtain such permits as necessary to allow for the construction and/or operation of the Collection System. 3.5 Records. Developer and City will maintain all records, monitoring data, and other documentation relating to this Agreement, including permits for the Landfill and Collection System and all other documentation relating to the operation of the Landfill and Collection System, for a period of ten (10) years. Each party agrees to make available to the other copies of all envirommental information reports, environmental impact reports, air impact assessment studies, environmental applications fled, and other necessary available data in its possession relating to the Landfill or the Collection System, which materials are reasonably necessary for the other party to possess in connection with this Agreement and shall be treated as Confidential Information as provided in this Agreement. 3.6 Operations Re orts. Developer agrees to provide written or electronic reports on a semiannual or direct access to any electronic data recording associated with the Collection System to City regarding the status of the Collection System, its output and any anticipated changes therein. 3.7 Compliance. The Collection System, and any subsequent phases of the Collection System, are being constructed and operated voluntarily. As of the Effective Date, the Collection System or any part of the Collection System is not required to be constructed or operated by any current state or federal law. In the event City would like to use the Collection System or any part thereof to comply with any future state or federal law, City shall seek approval from Developer, which approval shall not be unreasonably withheld. City shall pay all costs associated with any upgrades or increase in costs associated with complying with such future regulations, including any additional capital expenditures or incremental increases to operational expenditures incurred by Developer in assisting City with such compliance. 3.8 City Sole Dut . City shall have the sole duty, and Developer shall not have financial responsibility, for any maintenance, repair, or re -drilling for the Collection System as a result of damage caused by the action or inaction of the City or any third -party representing or acting on behalf of the City, and Developer shall not, under any circumstances, have responsibility -4- to open, repair, or close the Landfill cap, whether on a final or temporary basis, to complete any Developer required scope of services under this Agreement. 3.9 Cit 's Rights and Duties Regarding Operation of Collection S stem. During the Term of this Agreement, City shall, at its expense (i) provide unimpeded access twenty-four (24) hours a day, seven (7) days a week to the Landfill and the Collection System such that Developer is able to perform all tasks required of it under this Agreement; (ii) reasonably cooperate with Developer in connection with the provisioning of the services, and installation and/or maintenance of the Collection System and related equipment; and (iii) notify Developer immediately of any damage, malfunction, or change relating to the equipment to be maintained by Developer under tlus Agreement of which City becomes aware. 3.10 Right of Ins ection. City and its agents, and the representatives of any applicable regulatory authority, shall have the right to enter upon the Site from time to time to examine the condition and use of the Collection System and to inspect work in progress. 3.11 Option to Transfer Collection System. At any time during the Term, Developer shall have the option to transfer ownership of the Collection System to City on an "as -is, where - is" basis and at a price equal to the tax depreciated value of the Collection System. ARTICLE TV PURCHASE AND SALE 4.1 Rijzhtsjo the Landfill Gas and Environmental Attributes. City hereby grants and commits to Developer the exclusive right to evaluate, test, treat, process, develop, sell and use, or any one or more of the foregoing, one hundred percent (100%) of all Biogas, produced or producible, and any and all related Environmental Attributes, from the Landfill during the Term of this Agreement. The patties acknowledge that Developer is not obligated to collect or process any minimum quantity of Landfill Gas except as may be collected and processed by the Collection System and that meets the required specifications. During the Term, Developer hereby agrees to receive and purchase from City, and City agrees to provide to Developer, the Landfill Gas. 4.2 Royalty Payment and Semi -Annual Statement. (a) Payments. (i) In consideration for the Product, City shall receive a monetary payment from Developer equal to the Royalty Payment. The obligation of Developer to pay the Royalty Payment shall apply during the Commercial Operations Period. (ii) A separate "Fixed Asset Fee" will be deducted from the semi-annual payments made from Developer to Owner in respect of the initial installation cost actually incurred by Developer in connection with the Collection System, estimated to be $75,000 annually and subject to annual inflation, but which will in no case exceed the Royalty Payment in any given year. (b) Semi -Annual Statement. Developer shall provide the Semi -Annual Statement to City on or before the 30th day following (i) the end of each semi-annual period during - 5 - the Commercial Operations Period or on the final day and (ii) the final day of the Term, as applicable. In the event of any Dispute regarding the content of a Semi -Annual Statement, the parties agree to provide any additional information reasonably requested and work in good faith to resolve such Dispute in accordance with Section 14.3. (c) Amounts Payable. Any amounts payable by Developer to City shall be paid within thirty (30) days following the delivery of the Semi -Annual Statement. Any amounts payable under this Agreement that are not timely paid as set forth in this Agreement shall bear interest calculated from the date when due until such amounts are paid at one percent (1%) per annum above the fluctuating prime rate of interest amiounced publicly by The Wall Street Journal from time to time as its reference rate. In no event shall the rate of interest charged exceed the maximum rate allowed by Applicable Law. 4.3 Deliver Point-, Title/Risk of Loss. Landfill Gas extracted from the Landfill and made available to Developer pursuant to this Agreement shall be made available at the Delivery Point. Title to, and liability and the risk of loss for, Landfill Gas extracted from the Landfill and made available to Developer pursuant to this Agreement and all associated Environmental Attributes shall pass to and be absolutely vested in Developer after passing through the Delivery Point. 4.4 Credits/Benefits Retained by Developer. All Environmental Attributes and Incentives associated with the Landfill Gas produced and collected in the Collection System inure exclusively to Developer. City shall not retain or otherwise receive rights to any Tax, emission, environmental, or other benefits or credits. City will not claim any of the Landfill Gas or Environmental Attributes delivered or sold to Developer under this Agreement as its own or as part of its own carbon inventory, carbon footprint, or other carbon statement or declaration. 4.5 Monetizing Environmental Attributes. City shall assist Developer with reasonable requests in fully maximizing the monetization of and environmental credit generation on the Environmental Attributes sold under this Agreement. Such reasonable requests include, but are not limited to: (a) providing Developer and its agents, counterparties and consultants as well as Governmental Authorities with access to City's property, the Site, and Developer's facilities pursuant to the provisions of this Agreement; and (b) providing Developer with requested documentation and information in City's possession that is required by Applicable Law or requested by Governmental Authorities to support registration, credit generation, maintenance of validity of, or use of the Environmental Attributes, including, without limitation, any attestations and registration materials to support environmental credit generation, including RIN and LCFS credit generation, and demonstrating compliance with the RFS Requirements. City shall upon Developer's reasonable request, execute such documents and take such further actions from time to time as may be necessary to (i) facilitate the transfer of all rights, title and interest in and to all Environmental Attributes to the Developer; (h) allow Developer to validate, verify, or register Environmental Attributes; or (iii) facilitate the. transfer of all rights, title, and interest in all Landfill Gas collected, captured or combusted by the Collection System. 4.6 Specifications, Right to Flare Gas. Developer shall not be required to receive and process raw Landfill Gas not meeting -the agreed specifications set forth on EXHIBIT I. Developer is authorized by City, and Developer has the right to flare any Landfill Gas that does not meet Km agreed specifications in connection with Collection System operations. Developer is not obligated to City to pay a Royalty Payment on such flared Landfill Gas. ARTICLE V MEASUREMENT 5.1 Metering and Measurement, Developer shall install and maintain the equipment necessary to measure the MMbtu value of both Landfill Gas collected in the Collection System and delivered by City to Developer at the Delivery Point as well as the Renewable Natural Gas produced by the Gas Upgrade System, Measurements shall be in MMbtus using the components set forth in EXHIBIT H, provided and maintained at the sole cost and expense of Developer, with the specific metering devices being subject to the reasonable approval of City. 52 Ci 's Option to Install Meters. City may, at its option and expense, install and operate meters, instruments, and other equipment to verify the accuracy of Developer's measuring equipment, but such equipment must not interfere materially with the operation of Developer's measuring equipment or the Gas Upgrade System. The check equipment installed by City, if any, is subject at all reasonable times to inspection or examination by Developer, but the calibration and adjustment thereof may be performed only by employees or agents of City. Notwithstanding City's right to install its own check equipment, the measurement of the gas for the purposes of this Agreement will be performed only by Developer's measuring equipment. 5.3 Metering Equipment Standards. Developer, at its sole cost and expense, shall keep the metering equipment of Developer accurate and in repair, making a minimum of one test each six (6) months during the Term. Each party shall have the right to have its representatives and agents present at any installing, reading, cleaning, changing, repairing, inspecting, testing, calibrating, or adjusting done in connection with the metering equipment used for measuring Landfill Gas hereunder. Developer shall give City at least three (3) Business Days advance notice of any such activities so that City may have its representative(s) present; provided, however, that if Developer gives such notice and a representative of City is not present at the time specified, Developer may proceed. Tests to verify the accuracy of measuring equipment shall be performed by the manufacturer of the equipment, or other third party reasonably acceptable to City, and the result of each test shall continue to be used until the results of a subsequent test are known. In addition, City may request a special test of the metering equipment at any time. The expense of any such special test shall be borne by Developer only if the equipment is found to be inaccurate by more than two percent (2°/©); otherwise, such expense shall be borne by City. If, upon any test, the equipment is found to be inaccurate by more than two percent (2%), meter readings shall be corrected for a period extending back to the time such inaccuracy first occurred, if that time can be ascertained. If that time is not ascertainable, corrections shall be made for one half of the elapsed time since a previous meter test verified operation within two percent (2%) accuracy. No adjustment to any payments will be made with respect to meter errors of two percent (2%) or less. If any equipment requires replacement, Developer shall replace it promptly with a similar or more accurate type of equipment, subject to City's reasonable approval, which shall not be unreasonably withheld, conditioned, or delayed. 5.4 System Conditions. The parties recognize that moisture, pressure, or other conditions within the system may prevent available metering equipment from maintaining proper -7- calibrations. If such conditions persist, the parties will attempt to determine by mutual agreement a protocol for estimating Landfill Gas deliveries using such data as is available. If the parties cannot so mutually agree, they will appoint a mutually acceptable third -party consultant and will share equally the cost of such consultant and will accept the recommendations of such consultant as final and non -appealable in estimating Landfill Gas deliveries thereafter. 5.5 Specific Metering Issues. For purposes of this Agreement, atmospheric pressure is assumed, unless otherwise established by the standard gas measurement procedures in the industry, to be 14.74 psia. In addition, the specific gravity and the gross heating value of the gas flowing through the meter(s) may be determined by "on -site" sampling and laboratory analysis or by any other method that is of standard industry practice. The unit of measurement is one cubic foot at a pressure base of 14.74 psia and at a temperature base of sixty (60) degrees Fahrenheit. Meter measurements will be computed by Developer into such units in accordance with the ideal gas laws for volume variations due to metered pressure and corrected for deviation using average values of recorded specific gravity and flowing temperature. ARTICLE V1 GAS UPGRADE SYSTEM 6.1 Right to Construct and Operate. City hereby grants to Developer, and Developer shall have, the exclusive right (but not the obligation), to design, develop, construct, own and operate the Gas Upgrade System on the property of City, including by contracting with a third - party to own and operate the Gas Upgrade System, as more particularly described in the Site Lease and in accordance with the provisions of this ARTICLE VI. Any decision to construct or continue operating the Gas Upgrade System will be in Developer's sole and absolute discretion. 6.2 Permits and ATproya_ls. It shall be Developer's responsibility, at its sole cost and expense, to cause all necessary environmental impact studies, statements or reports, zoning and land use approvals, permits, licenses and utilities to be obtained for the installation and construction of the Gas Upgrade System in compliance with all Applicable Laws. Developer shall provide, or cause to be provided, City with a copy of related applications or filings with Governmental Authorities before filing such documents and City shall have ten (10) Business Days to provide comments, which Developer shall consider in good faith. At all tinges during the Terri., Developer shall, at its sole cost and expense, cause to be obtained and maintained in effect all permits and authorizations required in connection with the installation, construction, expansion, modification or addition to, or the operation, repair or maintenance of the Gas Upgrade System, and Developer shall ensure compliance of the operation and maintenance of the Gas Upgrade System with all Applicable Laws. City shall cooperate reasonably with Developer's efforts in connection with its obligations in this Section 6.2. Each party agrees to make available to the other copies of all environmental information reports, enviroruxrental impact reports, air impact assessment studies, environmental applications filed and other necessary available data in such party's possession relating to the Landfill, the Collection System or the Gas Upgrade System, which materials are reasonably necessary for the other party to possess in connection with this Agreement and such information shall be treated as Confidential Information as provided in this Agreement. 6.3 Design -and Construction of the Gas Upgrade. System. Developer shall be responsible for the design, construction, and operation of the Gas Upgrade System on the Site. Prior to the commencement of any construction, Developer shall, at its sole cost and expense, engage a qualified engineer to prepare plans and specifications in sufficient detail to show the design, character, and appearance of the Gas Upgrade System. Such plans and specifications shall consider and comply with all Applicable Laws. Based on such plans and specifications, Developer and City shall negotiate in good faith an amendment to this Agreement outlining Project Milestones to be set forth on EXHIBIT B with respect to the Gas Upgrade System and Developer shall use commercially reasonable efforts to achieve such milestones in a timely manner. Until the Commercial Operations Date, Developer shall report to City monthly on the status of the construction of the Gas Upgrade System and the progress of Developer towards completion of each Project Milestone. All proprietary data, drawings, plans, specifications and reports developed by Developer and related to the Gas Upgrade System will remain the intellectual property of Developer. Developer shall provide City with copies of all permits, licenses or approvals relating to the Gas Upgrade System and planned business operations as of the Commercial Operations Date, Developer has the right to subcontract any obligation under ARTICLE VI to a third party. 6.4 Developer's Maintenance and Operation of the Gas Up rag__do System. Developer shall cause the Gas Upgrade System and the Site to be maintained and operated at all times in good working order and a reasonably neat and clean condition, ordinary wear and tear excepted, in conformity with Applicable Laws. Developer shall not allow operation of the Gas Upgrade System to have a material adverse impact on the Landfill. 6.5 Gas Upgrade System Expansion. The Developer has the right to increase the design capacity, or otherwise modify the Gas Upgrade System, to accommodate the delivery and use of additional volumes of Landfill Gas, provided any modification of the Gas Upgrade System remains within the footprint of the original Site Lease. ARTICLE VII SITE LEASE, SUBLEASES, AND EASEMENTS T 1 Site Lease. In order to facilitate Developer's performance of its obligations hereunder, the parties agree that a Site Lease is necessary for the Project. Following the execution of this Agreement, the City and Developer promptly and in good faith shall negotiate, execute and deliver the Site Lease on customary terms and in form and substance reasonably satisfactory to each of City and Developer, to be attached hereto as EXHIBIT E. During the Term, Developer will lease the Site from City. Developer shall pay City rent in the amount of One and No/100 Dollars ($1,00) per year for each calendar year or partial year during the Term, payable on or before each December 31st during the Term. The parties hereto contemplate that this Site Lease should not and shall not be filed for record, but in lieu thereof, within sixty (60) days after the Effective Date parties shall execute a memorandum of Site Lease to be recorded for the purpose of giving record notice of the appropriate provisions of the Site Lease. Any improvement placed upon the Collection System by Developer, as well as fixtures and articles of personal property attached to or used in connection with the Site Lease, shall not become the property of City. Developer also has the right, in its discretion, to sublease all or a portion of the Site to a third party for the purpose of constructing, installing and operating the Collection System and/or Gas Upgrade System, City shall provide unhindered rights of access to, and egress from, an area on which the Project will be installed. 7,2 Subleases. Developer is authorized to sublease to one or more entities (each a "Sublessee") certain of the rights and benefits granted Developer under this Agreement for the purpose of enabling the Sublessee to install equipment as such entity may require to take and use Renewable Natural Gas purchased from Developer. 7.3 Easements. In order to facilitate the installation of a lateral pipeline and interconnection facilities to enable transportation of the Renewable Natural Gas, City agrees to grant to Developer, at no charge, easements on customary terms and in form and substance reasonably satisfactory to each of City and Developer, to be attached hereto as EXHIBIT F, over, across and under the Landfill for purposes of ingress and egress, utilities access, and replacement of the pipeline. ARTICLE VIII GENERAL OBLIGATIONS AND COVENANTS 8.1 Non -Dedication of Facilities. Unless otherwise required by Applicable Law, neither party shall dedicate any part of any facility owned or operated by it at or relating to the Landfill to the public generally and indiscriminately, for the exercise of a public franchise, or in the exercise of a public utility fiinction. 8.2 Operations at the Landfill. (a) Flarin , Subject to Section 4.6 (which priority of operations shall permit City to periodically operate any flare(s) to verify such remain operational or in ready -mode), City agrees that it will not flare any Landfill Gas that the Gas Upgrade System can use for the generation of Renewable Natural Gas. (b) No Hazardous Waste, City covenants that, during the Term, (i) no waste will be accepted for disposal at the Landfill that is not in accordance with Applicable Laws, and (ii) no application or petition will be made for a RCRA subtitle C Permit for the Landfill or any portion thereof, (c) Access Road, City shall give twelve (12) months' prior written notice before opening operations in cells 4 and 5 of the Landfill, Prior to City beginning operations in cells 4 and 5, Developer shall construct an alternative access road to allow access to the Project that will not interfere with active Landfill operations, subject to prior approval of City. 8.3 Leachate and Condensate:, Other Waste. (a) Developer may use, at no additional cost, the City Disposal System for the disposal of Leachate or Condensate resulting from the operation of the Collection System or produced at the Gas Upgrade System. City shall, in accordance with all Applicable Laws, receive and combine any such Leachate or Condensate from Developer with City's leachate for disposal. Developer shall deliver any such Condensate to the point shown in EXHIBIT I, provided, that City shall provide all necessary and convenient easements for Developer to install any necessary pipelines from its facilities to such location. City shall also, to the extent permitted under all Applicable Laws, accept from Developer for disposal, at no additional cost, all refuse and other solid waste produced in connection with the operation of the Collection System and Gas Upgrade System. (b) Developer shall use commercially reasonable efforts to ensure that there is no spillage or unintended discharge of Leachate and Condensate into the environment from the Collection System and Gas Upgrade System or any pipeline or other mechanism carrying Leachate and Condensate from the Collection System and Gas Upgrade System to the City Disposal System or any other disposal system, and that all pipelines and other equipment used by Developer for the storage, transportation, or disposal of Leachate and Condensate resulting from the operation of the Collection System or produced at the Gas Upgrade System are operated and maintained in compliance with all Applicable Laws. 8.4 Air Emission Permitting, Both patties agree that they will not voluntarily take the position that the activities of City and Developer at the Landfill should be treated as a combined or single source. In addition to any other right or rernedy of the parties, if any Governmental Authority, pursuant to its application or interpretation of any Enviromnental Laws or otherwise, is successful in asserting the position that activities of City and Developer at the Landfill will be treated as a combined or single source for purposes of air permitting of air emission, the parties, in their discretion, may attempt to renegotiate in good faith, and for a specified time, the terms and conditions of this Agreement to account for the increased burden of such regulatory activity on the parties while maintaining, as closely as possible, the legal and economic principles and allocations set forth in this Agreement prior to any such amendment. Should City's Landfill become subject to more stringent air emissions regulations following the Effective Date, City shall be solely responsible for capital expenditures and the incremental operational expenditures related to any expansion of the Collection System or other investment required by such change in law. 8.5 Taxes. All Taxes now or hereafter imposed upon the production, severance, gathering, sale, ar delivery of Landfill Gas prior to the Delivery Point shall be paid by City. All Taxes now or hereafter imposed upon the production, severance, gathering, sale, or delivery of Landfill Gas at and following the Delivery Point shall be paid by Developer. In addition, Developer shall be solely responsible for all Taxes or other fees, costs, or expenses attributable to the Gas Upgrade System. 8.6 Inspection of Books and Records Accounting. Each party shall have the right to inspect, audit, copy and verify the books, charts and records of the other party pertaining to the operations and the transactions that are the subject matter of this Agreement, at the office of the other party where such records are maintained, during normal business hours upon five (5) Business Days' advance written notice. Each party agrees to keep its books and records of account so pertaining to this Agreement in accordance with generally accepted accounting principles and practices in the industry. If either party finds at any time within two (2) years after the date of any payment made hereunder ' that there has been an overpayment or underpayment to City or Developer, the party finding the error shall promptly notify the other party in writing detailing the amount and explanation of the error. In the event of an underpayment to City, Developer shall pay the amount due within fifteen (15) days after the receipt of the bill correcting such error, with interest in the manner provided in Section 4.2(c) of this Agreement applied from the date any such -1I- payment should have been made. In the event of an overpayment to City, Developer may only offset such overpayment against future payments due to City hereunder, unless the Agreement has terminated, or there will not be sufficient future payments against which such overpayments may be offset, in which case, City shall pay the amount due to Developer within fifteen (15) days after receipt of the bill correcting the error. 8.7 Communications. The parties agree to hold direct communications between employees, agents, or other representatives at the Landfill, Collection System, and the Gas Upgrade System on at least a quarterly basis to discuss Developer's reports, projected operations, and the Gas Upgrade System capacity, City's current and projected operations at the Landfill, and the general quality and quantity of Landfill Gas. 8.8 No Adverse Landfill Modifications. City shall not install, or allow to be installed, any systems or devices at the Landfill or make any physical modifications to the Landfill that would decrease the amount of Landfill Gas. During the Term, City will not accept waste for disposal at the Landfill that is classified as hazardous or is not otherwise in accordance with Environmental Laws. 8.9 Insurance. Developer shall, at its own expense, purchase, maintain and keep in force during the Term of this Agreement such insurance as set forth on EXHIBIT D. Parties acknowledge that City is self -insured, and can, at its own discretion, seek additional insurance; but same is not required under this Agreement. ARTICLE IX REPRESENTATIONS AND WARRANTIES 9.1 Developer Representations. Developer hereby represents and warrants to City as of the Effective Date as follows: (a) Existence. Developer is a corporation duly organized, validly existing, and in good standing under the laws of the State of Delaware and is qualified to do business in the State of Texas. Developer has the power and lawful authority to enter into and perform its obligations under this Agreement and any other documents required by this Agreement to be delivered by Developer. (b) Authorization. The execution, delivery, and performance by Developer of and under this Agreement and any related agreements have been duly authorized by all necessary corporate action on its behalf, and do not and will not violate any provision of its organizational documents or result in a material breach of or constitute a material default under any agreement, indenture, or instrument of which it is a party or by which it or its properties may be bound or affected. (c) Lifi ag tion. There are no actions, suits, or proceedings pending or, to the best of Developer's knowledge, threatened against Developer or any of its properties before any court or governmental department, commission, board, bureau, agency, or instrumentality that, if determined adversely to it, would have a material adverse effect on the transactions contemplated by this Agreement. -12- (d) Execution. Developer has duly executed and delivered this Agreement, and (assuming due authorization, execution and delivery by City) this Agreement constitutes a legal, valid and binding obligation of Developer enforceable against Developer in accordance with its terms. 9.2 City Representations. City hereby represents and warrants to Developer as of the Effective Date as follows: (a) Existence. City is the governing authority of the City of Beaumont situated in Jefferson County, Texas, a Texas incorporated municipality consisting of a Council -Manager Government. City has the power and lawful authority to enter into and perform its obligations under this Agreement and any other documents required by this Agreement to be delivered by City. (b) Authorization. The execution, delivery, and performance by City of and under this Agreement and any related agreements have been duly authorized by all necessary corporate action on its behalf, and do not and will not violate any provision of its organizational documents or result in a material breach of or constitute a material default under any agreement, indenture, or instrument of which it is a party or by which it or its properties may be bound or affected. (c) Lifi ag tion. There are no actions, suits, or proceedings pending or, to the best of City's knowledge, threatened against City or any of its properties before any court or govermnental department, commission, board, bureau, agency, or instrumentality that, if determined adversely to City, would have a material adverse effect on the transactions contemplated by this Agreement. (d) Execution. City has duly executed and delivered this Agreement, and (assuming due authorization, execution and delivery by Developer) this Agreement constitutes a legal, valid, and binding obligation of City enforceable against City in accordance with its terms. (e) Title to Landfill Gas. City represents and warrants that it has good and marketable title and processing rights to the Biogas in the Landfill, free and clear of any and all liens, encumbrances, and claims, and that City has the exclusive right and lawful authority to deliver same. Prior to the Effective Date, City has not sold, transferred or made available for use by any other Person any Biogas to be collected, captured, combusted, or created pursuant to this Agreement. (f) Environmental Attributes. City represents and warrants that it has not previously sold, transferred, or committed to sell or transfer the Environmental Attributes of the Biogas to be made available to Developer under this Agreement to any other party. City represents and warrants that the Environmental Attributes are valid, represent Biogas produced at the Landfill, are eligible to generate RINs and LCFS Credits when upgraded to RNG and used as a transportation fuel. Upon each delivery of Biogas, City makes the additional representations and warranties as it concerns the transfer of Environmental Attributes to Developer under this Agreement: (1) all gas delivered to Developer was sourced from the Landfill and meets the definition of Biogas; (ii) City has not encumbered, or otherwise agreed with any other party to - 13 .. prevent the fixture creation or sale of, the Environmental Attributes to be sold to Developer; (iii) City has not sold or agreed to sell or otherwise transferred the Environmental Attributes associated with the Biogas to be sold to Developer to any party other than Developer; (iv) all raw Biogas and associated Environmental Attributes sold under this Agreement are eligible for RIN and LCFS credit generation based upon the rules and regulations in place as of the Effective Date; (v) City has not claimed, and agrees that it will not hereafter claim, any Environmental Attributes, "renewable gas", "green gas" or similar attributes of the Landfill or Biogas to be sold to Developer as belonging or attributable to City, to the Landfill or the Landfill's production equipment; and (vi) City has not and shall not at any time in the future take any action that it knows would impair the validity of the Environmental Attributes, including the validity of any RINs or LCFS credits generated and associated with the Biogas sold and delivered under this Agreement. (g) Disposal Conditions. City represents and warrants that it has provided all Disposal Conditions applicable to the Landfill to Developer for Developer's review and that City has no intention to alter or modify any such Disposal Condition(s) unless required by Applicable Law. (h) City Provided Data. City represents and warrants the data it has provided to Developer is accurate in all material respects. (i) Environmental Matters. (i) City represents and warrants that it has conducted all appropriate inquiry and City does not know or have reason to know of any activity at the Landfill which has been conducted, or is being conducted, except in compliance with all statutes, ordinances, regulations, orders, and requirements of common law concerning (1) those activities, (2) repairs or construction of any improvements, (3) handling of any materials, (4) discharges to the air, soil, surface water, or ground water, and (5) storage, treatment, or disposal of any waste at or connected with any activity at the Landfill. (ii) City represents and warrants, to the best of its knowledge, that no contamination is present at the Landfill. For purposes of this section, the term "contamination" shall mean the uncontainable presence of hazardous substances at the Landfill or arising from the Landfill, which may require remediation under any Environmental Laws. For purposes of this Agreement, "hazardous substances," shall mean hazardous substances as defined in Federal statutes, rules, regulations and orders, "regulated substances" within the meaning of subtitle I of the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), and any applicable state statute, rules, or regulations defining hazardous wastes, requiring environmental cleanup or regulating groundwater contamination. (iii) City represents and warrants to the best of its knowledge, that it does not know or have any reason to know of any polychlorinated biphenyls or substances containing polychlorinated biphenyls present at the Landfill. 9.3 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES A -14- WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER, EXPRESS NOR IMPLIED. ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. ARTICLE X DEFAULT, REMEDIES, AND TERMINATION EVENTS 10.1 Event of Default. The parties agree that the occurrence of any of the following events or conditions with respect to a party shall constitute an Event of Default under this Agreement: (a) Developer fails to make any payment or amount due and payable under this Agreement within fifteen (15) days after receiving written notice from City of the nonpayment; provided that failure to pay amounts disputed in good faith shall not constitute an Event of Default under this Section 10.1(a) unless and until such amounts are fully and finally determined to be owed. (b) Failure of either party to satisfy and perform any of the other material obligations (such obligations not covered by items (a) or (c) of this Section 10.1) imposed on it by the terms, covenants or promises of this Agreement, and such failure is not cured to the other party's reasonable satisfaction within sixty (60) days after receipt of a Notice of Default specifying the nature of the failure; provided, however, the defaulting party shall have an additional period of ninety (90) days from receipt of such Notice of Default (or one hundred and fifty (150) days total) within which to cure the failure if such failure is not curable within the sixty (60) days and the defaulting party continues to diligently pursue a cure. (c) (i) Either party becomes insolvent or unable to pay its debts when due; generally fails to pay its debts when due; files a petition in any bankruptcy, reorganization, winding up, or liquidation proceeding or other proceeding analogous in purpose or effect relating to such party; applies for or consents to the appointment of a receiver, trustee, or other custodian for the bankruptcy, reorganization, winding up or liquidation of such party; makes an assignment for the benefit of creditors; or admits in writing that it is unable to pay its debts; or (ii) any court order or judgment is entered confirming the bankruptcy or insolvency of Developer or City, or approving any reorganization, winding up or liquidation of Developer or City or a substantial portion of its assets; or (iii) there is instituted against Developer or City any bankruptcy, reorganization, winding up or liquidation proceeding, or other proceeding analogous in purpose or effect, and the same is not dismissed within ninety (90) days after the institution thereof, or (iv) a receiver, trustee or other custodian is appointed for any part of the assets of Developer or City. 10.2 City's Remedies. At any time after an Event of Default by Developer has occurred and not been cured, pursuant to this Agreement, City inay without obligation do any one or more of the following: -15- (a) Terminate this Agreement and the Project Agreements and cease to sell Landfill Gas to Developer. (b) Sell Landfill Gas to any other Person. (c) Proceed to protect and enforce any or all its rights and remedies under this Agreement or the Site Lease, and to exercise any or all other rights and remedies available to it at law, in equity or by statute. 10.3 Developer's Remedies. At any time after an Event of Default by City has occurred and not been cured, as pursuant to this Agreement, Developer may without obligation do any one or more of the following: (a) Terminate this Agreement and the Site Lease and cease to purchase Landfill Gas fiom City. (b) Remove the Gas Upgrade System and any additions, improvements, equipment, and fixtures or property of Developer on the property leased pursuant to the Site Lease. (c) Proceed to protect and enforce any or all of its rights and remedies under this Agreement and to exercise any and all other rights and remedies available to it at law, in equity or by statute. 10.4 Termination for Convenience. At any time during the Term, if Developer determines that the Collection System or Gas Upgrade System will not be commercially viable, Developer shall have the right to terminate this Agreement for convenience; provided, however, in the event of such a termination, Developer shall transfer ownership of the Collection System to City at no cost. 10.5 Actions Upon Expiration or Termination. (a) Following the delivery of any termination notice, the parties shall consult in good faith for a period of thirty (30) days as to the appropriate actions, if any, that can be taken to mitigate the consequences of the relevant default, taping into account all prevailing circumstances, (b) In the event of any termination or expiration of this Agreement; (i) Developer shall transfer ownership of the Collection System to City on an "as -is, where -is" basis and, if due to the expiration of this Agreement or an earlier termination due to City default, at a price equal to the tax depreciated value of the Collection System or, if due to an early termination due to Developer default, at no cost to City, and (ii) Developer shall remove the Gas Upgrade System and the Gas Upgrade System Equipment and restore the portion of the Landfill occupied by the Gas Upgrade System to substantially the same condition as it was prior to the construction and installation of the Gas Upgrade System. Following the removal of the Gas Upgrade System 16 and the Gas Upgrade System Equipment, neither party shall have any further obligation under this Agreement, except for any liabilities or obligations accruing to a party prior to the termination or expiration of this Agreement and those obligations that expressly survive the termination or expiration of this Agreement. (c) Upon expiration or termination of this Agreement or the Site Lease, upon request of City, Developer shall execute and deliver to City any documentation necessary to evidence the termination and revocation of any rights of Developer to the Site, the Landfill Gas and other rights provided in connection with this Agreement or the transactions contemplated hereby. ARTICLE XI INDEMNIFICATION AND LIMITATION ON LIABILITY t l.1 Indemnification. Subject to the other provisions of this Agreement, including, without limitation, any obligation for which a sole remedy is explicitly specified, to the fullest extent permitted by Applicable Law: (a) Developer shall indemnify and defend City and its Affiliates, and their respective directors, officers, partners, shareholders, employees, agents, representatives, co - venturers, successors, permitted assigns, contractors or servants (collectively, the "City Indemnified Parties"), harmless for, from, and against, any and all Third Party Claims, whether taxable or not, arising out of, resulting from or in connection with the negligent or willful acts or omissions of Developer, its Affiliates or their respective employees, agents, officers, invitees, contractors or representatives in the performance of this Agreement. (b) City shall indemnify and defend Developer and its Affiliates, and their respective directors, officers, partners, shareholders, employees, agents, representatives, co - venturers, successors, permitted assigns, Developers, or servants (collectively, the "Developer Indemnified Parties"), harmless for, from, and against, any and all Third Party Claims, whether taxable or not, arising out of, resulting from or in connection with the negligent or willful acts or omissions of City, its Affiliates or their respective employees, agents, officers, invitees, contractors, or representatives in the performance of this Agreement. (c) In the event of the assertion or commencement by any Person of any Third Party Claim or Dispute (whether against Developer or against any other Person) with respect to which any indernnitee may be entitled to indemnification, compensation, or reimbursement pursuant to this ARTICLE XI (a "Third Party Claim"), a patty, either the City or Developer, as the case might be, shall have the right, at its election, to proceed with the defense of such Claim or Dispute on its own with counsel. Such party shall have the right to settle, adjust, or compromise such Claim or Dispute; provided, however, that if such party settles, adjusts, or compromises any such Claim or Dispute without the consent of the indemnitors, such settlement, adjustment, or compromise shall not be conclusive evidence of the amount of damages incurred by the indemnitecs in connection with such Claim or Dispute (it being understood that if the party requests that any of the indem nitors consent to a settlement, adjustment, or compromise, such indemnitor shall not unreasonably withhold or delay such consent). Such party shall give the indemnitors prompt notice after it becomes aware of the commencement of any such Claim or -17- Dispute against the other party; provided, however, that any failure on the part of a party to so notify the indemnitors shall not limit any of the obligations of the indemnitors, or any of the rights of any indemnitee, under this ARTICLE XI (except to the extent such failure materially prejudices the defense of such Dispute). If a party does not elect to proceed with the defense of any such Dispute, the indemnitor may proceed with the defense of such Dispute with counsel reasonably satisfactory to the other party; provided, however, that the indemnitor may not settle nor compromise any such Dispute without the prior written consent of the other party (which consent shall not be unreasonably withheld or delayed). 11.2 Limitation on Liability. Developer shall have no liability as a result of, or in relation to, the acts or omissions of City in connection with the operation of the Landfill. In all circumstances, to the extent allowed by Texas law, City shall have full responsibility and liability for the control or containment of, or for damage occasioned by, Landfill Gas migration or groundwater contamination beyond or within the grounds of the Landfill. Developer shall have no responsibility or liability for the control or containment of, or for damage occasioned by Landfill Gas migration or groundwater contamination beyond or within the grounds of the Landfill, except to the extent caused by any grossly negligent acts by Developer, such as failure to operate the Collection System in substantial compliance with all Applicable Law. The City shall have no liability as a result of, or in relation to, the acts or omissions of Developer, its agents or employees, or subcontractors, their agents or employees in connection with the construction or operation of the Collection System and the Gas Upgrade System, except to the extent caused by City's grossly negligent acts, such as failure to operate in substantial compliance with it all Applicable Laws. The limitation of liability in this Section 11.2 shall survive cancellation, termination, or expiration of this Agreement. 11.3 Waiver of Dama es, Non -Reliance. Except in connection with Claims by third parties that are not Affiliates of the parties hereto, neither party shall be liable to the other party for any special, indirect, loss of use, lost profits, or consequential (other than actual and direct) damages arising under or out of this Agreement or the transactions contemplated in this Agreement. 11.4 Non -Recourse. All Claims (whether in contract or in tort, in law or in equity) that may be made by a party and may be based upon, arise out of, or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any representation or warranty, whether written or oral, made in or in connection with this Agreement or as an inducement to enter into this Agreement), may be made only against the entity that is expressly identified as a party to this Agreement. No Non -Party Affiliate shall have any liability (whether in contract or in tort, in law or in equity, or based upon any theory that seeps to impose liability of an entity party against its owners or affiliates) for any obligations or liabilities arising under, in connection with, or related to this Agreement or for any Claim based on, in respect of, or by reason of this Agreement or its negotiation or execution; and each party and its Affiliates, waives and releases all such liabilities, Claims and obligations against any such Non -Party Affiliates, Non - Party Affiliates are expressly intended as third -party beneficiaries of this provision of this Agreement. ARTICLE XII LENDERS AND LENDERS RIGHTS 12.1 Lenders. Developer may encumber, mortgage, lease, or hypothecate to any person or entity providing equity or debt financing by deed of trust, mortgage, or other security instrument all or any part of Developer's interest in the Project, equipment, or appurtenant facilities, property rights, and interests of Developer under this Agreement. Developer may also assign, pledge, and set over to any Lender all rights of Developer in this Agreement, any other agreement with City regarding the Collection System., the Gas Upgrade System, and any governmental authorization, permit or license regarding the same. No such assignment, mortgage, lease, hypothecation, or pledge shall relieve Developer of any obligation under this Agreement. City shall agree to reasonably cooperate with Lenders and enter into estoppels, consents to assign, consents, and other agreements reasonably requested by Developer and Lender. 12.2 Lender Rim. In addition to any other right provided to any Lender by other provisions of this Agreement, any Lender shall have the right at any time during this Agreement to: (i) do or cause to be done any act or thing required of Developer under this Agreement or any other agreement between City and Developer, and any such act or thing performed or caused to be performed by such Lender shall have the effect of having been done by Developer itself, (ii) realize on the security afforded such Lender by taking possession of all or any portion of the Collection System or Gas Upgrade System owned by Developer and/or exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by security documents assigned to or entered into by the Lender, and (iii) subject to the restrictions noted in paragraph (ii) of this Section, transfer, convey, or assign the interests of Developer under this Agreement, and any other agreement between City and Developer regarding the Collection System or Gas Upgrade System (together, the "City/Developer Agreements"), to any purchaser of any foreclosure or secured party sale, whether such sale be conducted pursuant to court order, power of sale contained in the Lender mortgage or applicable law, and to acquire and succeed to the interest of Developer under City/Developer Agreements by virtue of any foreclosure or secured party sale, whether such sale be conducted pursuant to a court order, a power of sale contained in the Lender mortgage or applicable law, or by virtue of a deed and/or bill of sale and assignment in lieu thereof. City shall grant any Lender or its authorized designee immediate access to the Landfill, the Collection System, and the Gas Upgrade System and any related equipment or facilities to the extent necessary to remedy any breach or default of Developer under this Agreement or in exercise of the Lender's remedies under any security document. If Lender(s) are prohibited by any bankruptcy, insolvency, or judicial proceeding from commencing foreclosure proceedings or other actions to preserve their secured interests) in the Collection System, the Gas Upgrade System, and City/Developer Agreements, any right of City to terminate any City/Developer Agreement shall be suspended for so long as the Lender(s) diligently pursue such proceedings and cure any default in the payment of monies due City. 12.3 Successor Obligations. If any Lender or other third party acquires Developer's interests under City/Developer Agreements as provided in Section 12.2, such Lender or third party shall accept in writing and shall without further action be subject to, the same terms and conditions set forth in the City/Developer Agreements, and shall be required to immediately cure all defaults or breaches of Developer under this Agreement. No such assignment shall be effective without the consent of City, such consent not to be unreasonably delayed, conditioned or withheld. 12.4 Copies of Notices. City shall provide any Lender with copies of all default and termination notices required to be given to Developer under this Agreement simultaneously with -19- the forwarding of such notice to Developer. No such notice shall be deemed effective absent the providing simultaneous copy to Lender, Developer shall designate in writing the Collection System Lender(s) and shall provide to City in writing the names and address of such Lender(s). Failure of Developer to provide names and addresses of Lender(s) shad relieve City from the notice obligation of this Section 12.4 as to the omitted Lender. 12.5 No Termination. City shall not accept a voluntary or mutual agreement to modify or terminate this Agreement without the express written consent of any Lender whose name and address have been provided to City. In the event that this Agreement is terminated, City shall, upon written request from any Lender(s) made within sixty (60) days after such termination, enter into, with a designee of said Lender(s), an agreement identical in all material aspects to this Agreement, provided that such Lender(s) or their designees cures all breaches and defaults of Developer capable of cure prior to the execution of said agreement, including all payment defaults. City shall allow the Lender(s) or their designee a reasonable time to cure any such curable default to City's receipt of notice regarding the desire for a new agreement. This section shall survive any termination of this Agreement. ARTICLE XIII FORCE MAJEURE If either party is rendered unable, wholly or in part, by the occurrence of an event of Force Majeure to carry out its obligations under this Agreement, the obligations of the affected party shall be suspended (i) during, but no longer than, the continuance of the event, and (ii) only with respect to the party's specific obligations hereunder affected by the event. The affected party shall give to the other party prompt written notice of the Force Majeure event, which notice shall include a description of the nature of the event, its cause and possible consequences, its direct impact on the party's inability to perform all or any part of its obligations under this Agreement, the expected duration of the event, and the steps being taken or proposed to be taken by the affected party to overcome the event; provided, that the failure to give such notice shall not prevent a party from claiming Force Majeure but the performance of such party's obligations under this Agreement shall not be excused until the date written notice is provided. If an event of Force Majeure continues for more than three hundred and sixty-five (365) consecutive days, the party that has not asserted the event of Force Majeure may terminate this Agreement upon giving written notice to the other party. Any such termination shall be without liability between the parties, except for any liabilities or obligations accruing to a party prior to the termination of this Agreement and those obligations that expressly survive the termination of this Agreement. The party claiming an event of Force Majeure shall promptly notify the other party of the termination of such event, ARTICLE XIV MISCELLANEOUS 14.1 Amendment, This Agreement may only be modified, amended, or supplemented by an instrument in writing executed by Developer and City. 14.2 Governing Law' Jurisdiction. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would -20- cause the application of the laws of any jurisdiction other than the State of Texas. By execution and delivery of this Agreement, with respect to legal actions that may arise under this Agreement, each of the parties knowingly, voluntarily and irrevocably: (i) waives any right to trial by jury; (ii) agrees that any such Claim or Dispute shall be decided by court trial without a jury; and (iii) agrees that any party to this Agreement may file an original counterpart or a copy of this Section with any court as written evidence of the consents, waivers and agreements of the parties set forth in this Section. Venue for any dispute arising from this Agreement shall be proper in Beaumont, Jefferson County, Texas. 143 Dispute Resolution. The parties agree to address any dispute first among the parties for a period of thirty (30) days, to be elevated to senior leadership if resolution cannot be achieved. Only if senior leadership are unable to resolve the dispute within an additional thirty (30) days will the parties have recourse to available legal and equitable remedies. Nothing in this provision shall waive the right of either party to seek a jury trial. 14.4 Attorneys' Fees. If the parties resort to legal action for the enforcement or interpretation of this Agreement or for damages on account of a breach hereof, the prevailing party shall be entitled to an award of its fees and costs to the extent allowable by law (whether taxable or not), including, without limitation, expert witness fees, all litigation related expenses, and reasonable attorneys' fees incurred in connection with such action. In determining which party is the prevailing party, the term "prevailing party" means the net winner of the Dispute, taking into account the claims pursued, the claims on which the pursuing party was successful, the amount of money sought, the amount of money awarded, and offsets or counterclaims pursued (and whether such were pursued successfully or unsuccessfully) by the other party. 14.5 Notices. All notices or other communications required or permitted under this Agreement shall be in writing and may be given by depositing the same in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested, by overnight courier or by delivering the same in person to such party. Notices shall be deemed given and effective, the day personally delivered, or the day after being sent by overnight courier, subject to signature verification. Any party may change the physical address for notice by notifying the other parties of such change in accordance with this Section. Such notice shall be addressed as follows: If to Developer, addressed to it at: If to City, addressed to it at:' OCI Fuels USA Inc. City of Beaumont, Texas 2800 Post Oak Blvd., Suite 3150 801 Main Street, Suite 300 Houston, Texas 77056 Beaumont, TX 77701 Attn: Legal Department Attn: Kenneth R. Williams, City Email: uslegaldepartmerit@oci.nl Manager Email: Kenneth. Wil l iams@B e aumontTexas. Gov -21- with copies to: Holland & Knight LLP 811 Main Street, Suite 2500 Houston, Texas 77002 Attn: Joshua Belcher, Esq. Email: Joshua.belcher@hklaw.com with copies to: City of Beaumont, Texas 801 Main Street, Suite 300 Beaumont, TX 77701 Attn: June Ellis, Assistant City Manager -- Operations Email: June.Ellis@BeaumontTexas.Gov 14.6 Headings. Headings or captions herein are merely for convenience and are not a part of this Agreement and shall not in any way modify or affect the provisions of this Agreement. 14.7 No Waiver. No delay or omission to exercise any right or power shall be construed to be a waiver of any default or acquiescence therein or a waiver of any right or power, and every such right and power may be exercised from time to time and as often as may be deemed expedient. Either party's acceptance of any performance due under this Agreement that does not comply strictly with the terms of this Agreement shall not be deemed to be a waiver of any right of such party to strict performance by the other party. Acceptance of past due amounts or partial payments shall not constitute a waiver of full and timely payment of any sums due under this Agreement. 14.8 Facsimile Signatures, Counterparts. Facsimile signatures of the parties shall be acceptable for all purposes. This Agreement may be executed in two or more originals, facsimile or pdf counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. 14.9 Severabilit . If any term or provision of this Agreement should be held invalid or unenforceable, the parties to this Agreement shall endeavor to replace such invalid terms or provisions by valid terms and provisions that correspond to the best of their original economic and general intentions. The invalidity or unenforceability of any terra or provision of this Agreement shall not be deemed to render the other terms or provisions of this Agreement invalid or unenforceable. 14.10 Entire Agreement. This Agreement constitutes the entire agreement between Developer and City relating to the subject matter of this Agreement and supersede all prior written and oral agreements and understandings and all contemporaneous oral representations or warranties in connection therewith. Neither Developer nor City have made and do not make any representations or warranties, expressed or implied, except as specifically set forth in this Agreement, and Developer and City hereby expressly acknowledge that no such representations or warranties have been made by the other party. 14.11 Subcontracting; Assignment. (a) Subcontracting. Developer shall have the right to subcontract the operations and maintenance obligations of this Agreement and the right to sublease the Site Lease -22- for the Project. Developer shall provide prior written notice to City of its intention to subcontract, in whole or in part, its rights or delegate its duties pursuant to this Agreement. In the event Developer uses such subcontractor(s), Developer will cause any and all subcontractors to be bound by all the terms and conditions set forth in this Agreement (and provide evidence of such to City upon City's request). (b) Assig_nment, This Agreement and all of the terns, conditions, and limitations contained in this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns; provided, however, that except as otherwise provided in this Agreement, neither party shall assign this Agreement (nor any interest, right or benefit in or under this Agreement), in whole or in part, without first obtaining the written consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed; provided, and notwithstanding the foregoing, Developer may assign all of its rights, duties, and obligations under this Agreement to an Affiliate of Developer upon prior written notice but without prior written consent of City. (c) _Collateral Assignment. Developer has the right to collaterally assign this Agreement and if Developer makes a collateral assignment, then any such assignee -Lender shall have the rights set forth in ARTICLE XII. 14.12 Further Assurances. The parties shall perform all such acts (including, without limitation, executing and delivering instruments and documents) as reasonably may be necessary to fully effectuate the intent and each and all of the put -poses of this Agreement, including, without limitation, consents to any assignments, transfers, subleases, or easements permitted hereunder. 14.13 No Partnership. Nothing contained in this Agreement shall be construed to create any association, trust, partnership, or joint venture or impose a trust or partnership, duty, obligation, or liability or an agency relationship on, or with regard to, either party. Neither party shall have the right to bind or obligate the other party in any way or manner unless otherwise provided for in this Agreement. 14.14 Confidential Information, (a) Except as required by Applicable Law or for attestations of Environmental Attributes, neither party shall, without the prior written consent of the disclosing party, disclose (regardless of the form of disclosure) any Confidential Information except to Recipients. The receiving party shall notify any Recipients of the confidential nature of the Confidential Information, and the receiving party hereby agrees to be responsible for any breach of the terms of this Section by any Recipients of Confidential Information from the receiving party. (b) If a party is legally required to disclose Confidential Information by Applicable Law, the receiving party shall make reasonable efforts to resist disclosure of such information, and shall provide prompt notice of any judicial or other governmental action or other Applicable Law requiring disclosure to the disclosing party, and the disclosing party shall be afforded the opportunity (consistent with the legal obligations of the receiving party) to exhaust all reasonable legal remedies to maintain the Confidential Information in confidence. -23- (c) In the event that there is a breach by either party of the provisions of this Section, the disclosing party shall be entitled to seek a temporary and permanent injunction to restrain the receiving party from disclosing in whole or in part any Confidential Information, as prohibited hereunder, and the disclosing party shall be entitled to reimbursement for all costs and expenses, including reasonable attorney's fees, in connection therewith. Nothing in this Section shall be construed as prohibiting the disclosing party from pursuing such other remedies available to it for such breach including the recovery of damages from the receiving party. (d) Upon the expiration of the Term or the earlier termination of this Agreement, promptly upon request, the parties shall agree on the terms of return to the other party or destruction of; (i) all Confidential Information then held by such or any of its agents, representatives, or employees, and (ii) all information and documents then held by Developer or any of its agents, representatives, or employees related to the quantity, quality, components, and elements of the Landfill Gas produced by the Landfill; provided that both parties may retain one copy of any documents retained solely for the purpose of compliance with Applicable Law or document retention policies. 14.15 Third Part Beneficiaries. This Agreement is intended to be solely for the benefit of the parties and their successors and permitted assignees and is not intended to and shall not confer any rights or benefits on any other third party not a signatory to this Agreement. 14.16 Publicity and Corporate Identit . Unless otherwise required by Applicable Law, neither party may use the name, trade name, trademarks, service marks, or logos of the other party or the existence of this Agreement or the project described in this Agreement or any likeness, photo, film, or similar like kind reproduction of the other's facilities or property in any publicity releases, nevus releases, annual reports, signage, stationery, print literature, advertising, or websites without securing the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed. Neither party shall issue any publicity or news release regarding the Project without the written consent of the other party, which consent shall not be unreasonably withheld, conditioned, or delayed. The patties shall not, without prior written consent of the other party, represent, directly or indirectly, that any product or service offered by the party has been approved or endorsed by the other patty. 14.17 Tax Benefits and Other Incentives. The Parties agree to discuss in good faith any amendments to this Agreement necessary or advisable to maximize the benefit to the Project and the Parties of any tax benefits and other financial incentives that may be or become available under Applicable Law, including pursuant to the federal Inflation Reduction Act of 2022 and any requirements in associated implementing regulations and guidance issued by a Governmental Authority. 14.19 Essential Terms. The Parties acknowledge and agree that this Agreement is a written contract and that it state the essential terms of the agreement by which Developer will provide goods or services to City. [Signature page to follow] -24- IN WITNESS WHEREOF, Developer and City have executed this Agreement to be effective as of the Effective Date. CITY: DEVELOPER: City of Beaumont OCI Fuels USA Inc., a Delaware corporation By: By. Name: Name: Title: Title: [Signature Page - Gas Sale and Purchase Agreement] EXHIBIT A DESCRIPTION OF THE LANDFILL Landfill Address is 5895 Lafin Road Beaumont, Texas 77705 Type Z Municipal Solid Waste Landfill MSW Permit Number 1486B Latitude: N 30' 02' 0 5 " Longitude: W 94' 07' 41" Elevation: 16.94 feet above mean sea level (MSL) Approximately 2,400 feet south of US Highway 287/69/96 at the intersection with Fannett Road, 2,200 feet northeast of Hillebrandt Bayou, and 1,200 east of Latin Drive, i=ediately south of the Port Arthur Fresh Water Canal. Exhibit A, Page 1 EXHIBIT B PROJECT MILESTONLSz Milestones for Collection System [TBD] Milestones for Gas Upgrade System [TBD] 2 Note: Tfinelines to be developed based on thud -party proposals for the construction and installation of these facilities, Exhibit B, Page 1 EXHIBIT C DEFINITIONS The following words and terms shall have the meanings specified in this EXHIBIT C when used in this Agreement, "Affiliate" means any Person that controls or is controlled by, or is under common control with, a party, with the word "control" (and correspondingly, "controlled by" and "under control with"), as used with respect to any Person, meaning (1) ownership of fifty percent (50%) or more of all of the voting stock of any corporation, or fifty percent (50%) or more of all of the legal and equitable interest in any other business entity, or (2) the possession of or the power to direct or cause the direction of the day-to-day management and policies of such Person, "Applicable Laws" means any and all applicable federal, state, county and local laws, statutes, rules, regulations, licenses, ordinances, judgments, orders, decrees, directives, guidelines or policies (to the extent mandatory), permits and other governmental and regulatory approvals, including, without limitation, any and all Environmental Laws, or any similar form of decision or determination by, or any interpretation or administration of, any of the foregoing by any Governmental Authority with jurisdiction over City, the Collection System, Developer, the Gas Upgrade System, the Site, the Landfill, or the performance of the work under this Agreement and the transactions contemplated in this Agreement. "Biogas" means a mixture of hydrocarbons that is a gas at sixty (60) degrees Fah eliheit and one (1) atmosphere of pressure that is produced through the anaerobic digestion of organic matter. "gutsiness Day" means any day other than a Saturday, Sunday or legal holiday in the State of Texas, or a day on which banking institutions chartered by the State of Texas, or the United States of America, are legally required or authorized to close. "Developer Indenu-iified Parties" shall have the meaning set forth in Section 11.1(b). "Claims" means any and all costs, losses, expenses, suits, actions, proceedings, damages, penalties, fines, and liabilities, including, without limitation, reasonable attorneys' fees, expert witness fees, litigation expenses, and court and other costs, whether taxable or not. "Collection Systeun" means the fixtures, equipment and assets to extract, collect and convey Landfill Gas from the Landfill up to and including the Delivery Point and including, without limitation, the wells, pipes, headers, and gathering systems, flares, vacuum pipelines, blowers, condensate knockout vessels or systems, and all other fixtures, equipment and assets that are used for the purpose of collecting, producing, treating, or delivering or facilitating the collection, production, treatment, or delivery of Landfill Gas, as constructed and installed as provided under this Agreement or as the same is modified, expanded and replaced; but excluding in all cases the Gas Upgrade System and the Gas Upgrade System Equipment. "Commercial Operations Date" means the date on which Developer accepts initial delivery of Landfill Gas from City for processing in the Gas Upgrade System, in accordance with the tern -is of this Agreement, which shall occur on the day specified by Developer by at least ten (10) days' advance written notice to City. Exhibit C, Page 1 "Commercial Operations Period" means the period cominencing on the Commercial Operations Date and ending on the twentieth (20t") atmiversary thereof. "Condensate" means any liquids that condense or otherwise separate from the Landfill Gas during collection, transporting, or processing of Landfill Gas after it has passed the Delivery Point. "Confidential Information" means all data, information, reports, or documents developed or collected by one party and provided or made available to the other party or its agents (i) in connection with the Landfill, the Collection System, or City's operations, or the Gas Upgrade System or Developer's operations, or (ii) as a result of any of the rights granted to, or obligations undertaken by, either party pursuant to this Agreement, whether or not designated as confidential, but shall not include information to the extent such information (a) is in the public domain at the time of disclosure, or (b) following disclosure, becomes generally known or available through no action or omission on the part of the receiving party, or (c) is known, or becomes known, to the receiving party from a source other than the disclosing party or its representatives; provided that disclosure by such source is not in breach of a confidentiality agreement with the disclosing party, or (d) is independently developed by the receiving party or its directors, officers, employees, agents, legal counsel, or consultants without reference to the disclosing party's Confidential Information. "Delivery Point" means the designated interconnection point (i.e., flange) where City shall make available Landfill Gas to Developer at a location designated by City immediately downstream of City's blowers, which is more particularly described on EXHIBIT A attached hereto. "Disposal Conditions" means any licenses, permits, approvals and authorizations required in order for City to own, operate and accept waste materials at the Landfill. "Dispute" means any legal action arising under or in connection with this Agreement or any other instrument, document, or agreement executed or delivered in connection with this Agreement, or in any way connected with, related, or incidental to the dealings of the parties with respect to this Agreement or such other instrument, document or agreement or the transactions contemplated in this Agreement. "Due Diligence Period" shall have the meaning set forth in Section 2.2. "Effective Date" means the date designated in the preamble of this Agreement. "Envirotuxtental Attributes" means any and all current and future rights, credits, benefits, air quality credits, methane capture credits, renewable energy credits, emission reductions, offsets and allowances, howsoever referred to, associated with the capture, production, generation, transportation, use and environmental characteristics of Biogas, the production, generation, transportation, use and environmental characteristics of RNG derived from such Biogas, the displacement of fossil -based natural gas for any use (including thermal use, electricity generation and use as a transportation fuel), the reduction of air pollutants or the avoidance of the emission of any gas, chemical or other substance, including without limitation any similar attributes, whether arising out of international, federal, state or local laws or regulations including without limitation renewable energy credits under Renewable Portfolio Standards, RINs under the EPA RFS Program and LCFS Credits under the LCFS. Exhibit C, Page 2 "Environmental Laws" means any and all applicable federal, state, county, municipal and local laws, statutes, rules, regulations, ordinances, codes, restrictions, permitting requirements, licensing requirements, consent decrees, decrees, judgments, permits, licenses, covenants, deed restrictions, and any other governmental requirements or obligations of any kind or nature relating to (i) environmental pollution, contamination, or other impairment of any kind or nature, (d) regulation or protection of health, safety, natural resources, or the environment, or (iii) any hazardous waste or other toxic substances of any nature, whether liquid, solid, or gaseous, including, without limitation, smoke, vapor, fumes, soot, radiation, acids, alkalis, chemicals, wastes, by-products, and recycled materials, as now existing or hereafter in effect. These Environmental Laws include, without limitation, the Renewable Fuel Standard, the California Low Carbon Fuel Standard, the Federal Solid Waste Disposal Act, the Federal Clean Air Act, the Federal Clean Water Act, the Federal Water Pollution Control Act, the Safe Drinking Water Act, the Toxic Substances Control Act, the Federal Resource Conservation and Recovery Act of 1976, the Federal Comprehensive Environmental Responsibility Cleanup and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, the Resource Conservation and Recovery Act, as amended by the Solid and Hazardous Waste Amendments of 1984, the Occupational Safety and Health Act, the Hazardous Materials Transportation Act, the Oil Pollution Act of 1990, all as amended from time to time, regulations of the Environmental Protection Agency, regulations of the Nuclear Regulatory Commission, regulations of any state department of natural resources or state environmental protection agency, now or at any time hereafter in effect and all applicable local ordinances, rules, regulations, and permitting or licensing requirements. "Extended Term" shall have the meaning set forth in Section 2.1. "Fixed Asset Fee" has the meaning set forth in Section 4.2(a)(ii). "Force Majeure I means any cause or causes, individually or in the aggregate, not reasonably within the control of and without the fault or negligence of the party claiming suspension of the performance of its duties under this Agreement and that by the exercise of reasonable diligence such party is unable to prevent or overcome, including, without limitation, acts of God, acts of war or conditions attributable to war, labor disputes, sudden actions of the elements, sabotage by third parties, civil comrnotlon, weather events, enactment after the Effective Date of statutes, laws, or ordinances by legislative bodies, issuance of regulations or orders by administrative agencies or commissions, and action by federal, state, municipal, or regulatory courts, but not including, under any circumstances, financial inability to perform. For the purposes of this Agreement, the requirement that "Force Majeure" be a cause not within the control of the affected party that by the exercise of reasonable diligence such party is unable to prevent or overcome shall apply to all of the above examples, but shall not require the settlement of strikes and lockouts by acceding to the demands of third parties directly or indirectly involved in such strikes or lockouts when such course is deemed inadvisable in the sole and absolute discretion of the party subject to such strikes or lockouts, "Gas..Upgtade System" means the Gas Upgrade System Equipment and associated structures installed by the Developer at the Site and easements for the purpose of processing Landfill Gas, generating Renewable Natural Gas, and transporting Renewable Natural Gas, together with the interconnection equipment installed on the Site and easements, but not including the Collection System. Exhibit C, Page 3 "Gas Upgrade System Equipment" means equipment, including, without limitation, internal combustion engines, boilers, turbines, cooling towers, generators, transformers, electrical switch gear, controls, pipelines, fuel treatment equipment, and similar equipment, as well as all furniture, fixtures, equipment, used in connection with the Gas Upgrade System, computer hardware and software and databases related to the operations of the Gas Upgrade System, vehicles used primarily in connection with the Gas Upgrade System, operating instructions and manuals, books and records related to the operation of the Gas Upgrade System, and all governmental permits, approvals and authorizations related to the Site, the Gas Upgrade System Equipment or the Gas Upgrade System, but not including the Collection System. "Governmental Authority" means any court or tribunal in any jurisdiction or any federal, state, municipal, or other governmental body, agency, authority, department, commission, board, bureau, or instrumentality. "Incentives" means all tax benefits, grants, and other financial incentives arising in connection with the production and use of the Renewable Natural Gas. Incentives do not include Environmental Attributes. "Initial Term" has the meaning set forth in Section 2.1. "Landfill" means the real property commonly known as the Beaumont Municipal Landfill, which is more particularly described on Exhibit A attached hereto, as now constituted and including any expansions of the Landfill, whether adjacent or not, following the Effective Date during the Term. "Landfill Gas" means all Biogas generated from the decomposition of refuse and other solid wastes deposited in, or located on, the Landfill and collected by the Collection System. "LCFS" means any federal, state or provincial low carbon fuel standards other similar programs requiring the reduction of greenhouse gases and carbon intensity in transportation and other fuels, including, without limitation: (i) the regulations, orders, decrees and standards issued by a Governmental Authority implementing or otherwise applicable to the California Low Carbon Fuel Standard as set forth in 17 CCR § 95480 et seq. and each successor regulation, as may be subsequently amended, modified, restated from time to time; and (ii) the regulations, orders, decrees and standards issued by a Governmental Authority implementing or otherwise applicable to the Oregon Clean Fuels Program as set forth in section 340-253-0000 et seq. of the Oregon Administrative Rules as may be subsequently amended, modified, restated from time to time. "Leachate" means the liquid produced at the Landfill from the decomposition of waste materials in the Landfill. "Lender" means a Person providing senior or subordinated construction, interim, or long-term debt or refinancing for or in connection with the development, construction, equipment procurement, installation or operation of the Project. "MMbtu" means one million British Thermal Units. "Non -Party Affiliate" means any director, officer, employee, incorporator, member, partner, stockholder, Affiliate, agent, attorney or representative of either City or Developer, as applicable. Exhibit C, Page 4 "Notice of Default" means a written notice from the non -defaulting party to the defaulting party specifying an Event of Default. "Person" means any natural person or any association, firm, partnership, joint venture, corporation, limited liability company or other legally recognized entity, whether for profit or not for proftt. "Product" means the Landfill Gas and Environmental Attributes. "Project" means the Collection System and the Gas Upgrade System. "Project Agreements" means the Site Lease and such other agreements between Developer and City as relate to the Collection System and the Gas Upgrade System. "Pro' ect Milestones" means each of the activities identified on EXHIBIT B attached hereto (each a "Project Milestone") to be completed by Developer within the time period set forth for each such Project Milestone, which Developer shall use reasonable efforts to achieve in a timely manner. "Recipients" means consultants, agents, representatives, actual or potential financiers, or employees of the receiving party who (i) shall be obligated to keep Confidential Information confidential and (ii) need access to such Confidential Information to assist the receiving party in the exercise of its rights and the performance of its obligations under this Agreement. "Renewable Natural Gas" means upgraded and purified renewable natural gas produced from Landfill Gas by Developer at the Gas Upgrade System and that may be injected into common carrier pipeline. "_Renewable Fuel Standard" or "RFS Program" means the renewable fuel standard program under the Energy Policy Act of 2005 and the Energy Independence and Security Act of 2007 and implementing regulations, including without limitation, 40 C.F.R. Part 80, Subpart M, and each successor law and regulation as may be amended, modified or restated froth time to time. "RFS Requirements" means that the Landfill Gas provided hereunder constitutes Biogas from landfills, as set forth in Table 1 to 40 C.F.R. § 80.1426 of the Renewable Fuel Standard regulations, promulgated pursuant to the Energy Policy Act of 2005 and the Energy Independence and Security Act of 2007, as may be amended from time to time. "RINs" has the same meaning as defined under the RFS Program. "Royalty Pa ment" Developer shall pay to City a per/MMBtu Royalty Payment based on the production volumes, on a tiered basis, of pipeline quality Renewable Natural Gas from the Gas Upgrade System in accordance with the following: Price MMBtu/day $0.00 0 - 599 Tier 1 $1.25 600 - 850 Exhibit C, Page 5 Tier 2 $2.00 850 - 1,100 Tier 3 $2.75 1,100 - 1,350 Tier 4 $3.50 1,350+ "City/Developer Agreements" shall have the meaning set forth in Section 12.2. "City Disposal S, sy terns' means the fixtures, equipment and assets of City, whether owned or leased by City, that are used as of the Effective Date or thereafter by City to extract, collect, convey and dispose of Leachate from the Landfill. "City Indemnified Parties" shall have the meaning set forth in Section 11.1(a). "Semi -Annual Statement" means a written statement provided by Developer to City setting forth the following with respect to the previous semi-annual period: (i) the number of MMbtus of Landfill Gas delivered to the Delivery Point, the volume of Landfill Gas delivered to the Delivery Point, the average percentage of methane content in the volume of Landfill Gas delivered to the Delivery Point and the average heat content value in the volume of Landfill Gas delivered to the Delivery Point; (ii) the volume and number of MMbtus of Renewable Natural Gas produced by the Gas Upgrade System, (iii) the calculation of the Royalty Payment; (iv) any credits or benefits realized under Section 4.4 of this Agreement; and (v) any other information reasonably requested by City. "Site" has the meaning given that term in the Site Lease. "Site Lease" ineans the Site Lease Agreement under which Developer, as Lessee, leases from City, as Lessor, the Site located at the Landfill and obtains easement rights to the portion of the surface acreage on which there is erected the Project. "Sublessee" has the meaning set forth in Section 7.2. "Tax or Taxes" means all taxes, fees or other assessments, including, without limitation, income, excise, property, sales, franchise, intangible, withholding, social security and unemployment taxes imposed by any federal, state, local, or foreign governmental agency, and any interest or penalties related thereto. "Term" has the meaning set forth in Section 2.1. "Third Party Claims" means any Claims asserted by any Person and/or any Governmental Authority. Exhibit C, Page 6 EXHIBIT D INSURANCE At all times during the Term, Developer shall, at its sole cost and expense, procure and maintain, or cause to be maintained by a third party, the following minimum types and amounts of insurance coverage; provided, however, that nothing in this EXHIBIT D shall be deemed to limit Developer's obligations to City under this Agreement; (a) All Risk Insurance. All risk property insurance, including, without limitation, fire, wind storm, equipment breakdown coverage, extended coverage, and special extended coverage insurance with respect to the Project in an amount equal to one hundred percent (100%) of the full replacement cost value (replacement cost new, including, without limitation, debris removal and demolition), with such additional coverage as Developer may elect or the holder of any fee or leasehold mortgage may require, including, without limitation, earthquake and flood coverage, and sprinkler leakage endorsement. (b) General Liabilit IExeess Liabilit . Commercial general liability insurance against damages and liability, including contractual liability coverage and coverage with respect to attorney's fees on account of or arising out of injuries to or the death of any person or damage to property, however occasioned, in, on or about the Landfill and the Site, in amounts of $2,000,000 per occurrence for property damage or injury or death of one or more persons, and $10,000,000 in the aggregate. (c) Em 10 er's Liabilit /Workers' Com ensation. Employer's liability insurance in an. amount of $1,000,000 per accident, and $1,000,000 per employee by disease, and workers' compensation insurance as required by Applicable Law. (d) Environmental Liabilit /im airment, Environmental liability or impairment insurance in amounts and types sufficient to cover any exposure related to any hazardous materials stored, generated, handled or disposed of by Developer, its agents or employees at the Landfill and any storage tanks or equipment maintained at the Landfill by Developer, its agents or employees, in an amount of $5,000,000 per incident, If the environmental liability insurance policy is a "claims - made" policy, Developer must maintain such insurance for no less than three (3) years after the termination or expiration of this Agreement. (e) Automobile Insurance, Automobile liability and bodily injury, property damage, contractual liability and sudden and accidental pollution insurance in an amount of $2,000,000 per occurrence, which coverage shall apply to all owned, non -owned, hired, and leased vehicles (including trailers). (t) Form of Insurance/Coinantes. All insurance required hereunder shall be in a form satisfactory to City and carried with companies reasonably acceptable to City, in good standing with the Department of Insurance for the state in which the Landfill is located, and have a rating issued by A.M. Best & Company of at least "A- VIII". Developer shall meet insurance requirements with any combination of self-insurance, primary, or excess insurance policies. With the exception of the workers' compensation policy and the All Risk Policy, City and its Affiliates and subsidiaries shall be named as additional insureds, for and to the extent of the obligations Exhibit D, Page 1 accepted by Developer under Section 11.1 of this Agreement, under all insurance policies requited pursuant to the terms of this Section, and Developer shall provide City with a Certificate of Insurance showing the appropriate panties as additional insureds; provided that City and its Affiliates and subsidiaries shall be additional insureds only for and to the extent of the obligations accepted and assumed by Developer under Section 11.1 of this Agreement. Developer shall provide a thirty (30) day written notice to City in the event of cancellation of coverage. A certificate of insurance for any renewals of or replacements for such contracts of insurance shall be delivered to City no later than the date such contracts of insurance become effective. All deductibles in the above described insurance policies shall be at Developer's sole cost and expense. All insurance shall be written as primary, noncontributing (except for claims arising out of sole negligence) with or in excess of any coverage that Developer does or may carry. (h) Coverage of Invitees, Agents and Developers. Developer's minimum insurance coverage shall cover the presence and activities of Developer's invitees, subcontractors, agents, and Developers on or at the Landfill. EXHIBIT D Exhibit D, Page 2 EXHIBIT E SITE LEASE Exhibit E, Page 1 EXHIBIT F EASEMENTS Exhibit F, Page 1 EXHIBIT G DIVISION OF RESPONSIBILITIES Exhibit G, Page 1 EXHIBIT H METERING AND MEASUREMENT As of the Effective Date, and subject to update by Developer as may be required in connection with the plans and specifications for the Collection System and the Gas Upgrade System, the metering equipment will include: (i) gas chromatograph (or equivalent technology) to determine the BTU content of the Landfill Gas, (ii) thermal mass flow meter to measure the volume rate of Landfill Gas flared by the Developer, if applicable, (iii) one or more venturi flow meters, averaging pitot tube or other similar accurate measuring device at the Gas Upgrade System to measure the volume flow rate of the Landfill Gas, and (iv) programmable logic controller to accumulate the BTU energy metered. Such equipment must be installed and operated, and gas measurement computations must be made, in accordance with current industry standards and good engineering practices, and shall be located as close to the Delivery Point as reasonably practicable. Exhibit H, Page 1 EXHIBIT I LANDFILL GAS SPECIFICATIONS As of the Effective Date, and subject to update by Developer as may be required in connection with the plans and specifications for the Collection System and the Gas Upgrade System, the Landfill Gas specifications are as follows: at a minimum, Landfill Gas must contain H2S levels below 500 ppm and 02 content below 3.5% and shall be compliant with the RFS Requirements. Exhibit T, Page l EXHIBIT J CONDENSATE DELIVERY POINT In connection with. the Site Lease, Developer and City shall designate the condensate delivery point and shall include an illustration at Exhibit J. Exhibit J, Page I it January 24, 2023 Consider authorizing the City Manager to enter into an agreement with Hi11Co Partners of Austin, to provide legislative services BEAUMONT TO: City Council FROM: Keimeth R. il ar City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: January 24, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into an agreement with Hil1Co Partners of Austin, TX to provide legislative services. BACKGROUND With the 881" session of the Texas Legislature underway, the City seeps professional legislative service assistance in order to monitor and advise the City on legislation that may impact us and our community. In addition, as outlined in the attached agreement, Hil1Co Partners will assist the City in the process of introducing and gaining passage of legislation that might directly benefit the City of Beaumont. The cost of these services would be $7,500 per month during the regular session and any necessary special sessions, $3,500 per month during non -legislative months as well as reasonable expenses, not to exceed $500 per month. The term of the agreement would expire at the end of 2023 but does include a sixty (60) day termination clause. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. No Text Page 11 NTRODUCTION This HlIICo Partners' ("HillCo") proposal has been developed to provide government and regulatory consulting as well as advocacy services to the City of Beaumont ("City"). ABOUT HILLCO PARTNERS HillCo Partners is a full -service public and government affairs consulting firm, providing services in the lobbying, public policy, communications, and regulatory arenas, We focus on positively impacting our clients' agenda by identifying their specific governmental, community and business objectives and implementing fully integrated strategies to attain those goals. Today, HiIICo Partners is recognized as the premier public and government affairs consulting firm in the state. Collectively, Hil1Co's 15 registered lobbyists possess comprehensive policy expertise, intricate knowledge of governmental and regulatory processes, and unrivaled working relationships with state policymakers and regulators. Every member of our professional team has played a pivotal role in developing public policy and shaping legislative and regulatory agendas involving critical issues. For the last 15 years, HillCo has been ranked by Capitol Inside as the top lobby firm in Texas. HillCo's individual team members have been ranked as Capital Inside "Top Hired Gun" lobbyists and "Texas Lobby Rising Stars" and have been widely recognized as leaders in their individual disciplines. While most of the work we do directly impacting our clients takes place during the legislative session and the ongoing regulatory environment, HiXo has also a practice of actively engaging with candidates and political campaigns. We regularly meet with candidates for open seats and in competitive races to discuss their priorities and client's interests. This puts our team strides ahead of others in relationship building. Gaining insight into candidates also allows us to advise our clients about who may be joining the ranks of elected officials which is crucial to pre -session planning. HillCo also maintains a political action committee, HillCo PAC, through which we make strategic contributions to many new and incumbent candidates. Alongside our team of professionals, HillCo also maintains a state-of-the-art client Communications and Research team, In addition to publishing periodic session and interim updates in the form of client advisory newsletters, the team also tracks key legislation and agency rulemaking, produces summaries of hearings and meetings of interest, and produces analysis during campaign cycles including candidate backgrounds and financials. Content is published on the HiIICo website, accessible to all HiilCo clients. Page 12 YOUR TEAM IN TEXAS Below is a listing of the professionals proposed to be responsible for and dedicated to this engagement. If this assigned lobby team requires additional resources to accomplish any City of Beaumont priority, HillCo will activate all necessary resources within the full 15-person lobby team to achieve those initiatives. Meal T. "Buddy" Jones is senior partner and co-founder of HillCo Partners. He has occupied the top spot in the Texas Lobby Power Rankings since they were first published in 2003. In addition, members of the Texas Legislature, the media and lobbyists have consistently rated Jones the most effective government affairs consultant in Texas, Texas Monthly magazine named him one of the "25 Most Powerful People in Texas." The Dallas Morning News called him "The Man to See" and "among Austin's most influential lobbyists." Capitol inside declared that no member of the Austin lobby "has wielded more sway" than Jones and that he is "one of the most successful lobbyists in the history of this state." One prominent author dubbed Jones a "very powerful lobbyist in Austin who has friends on both sides of the aisle." The son of a Texas Baptist minister, Jones used his political knowledge and skills to win the office of County Attorney of Hill County in 1976. He advanced his public service career in 1979, when he was promoted to District Attorney of the 66th Judicial District of Texas. Two years later, in 1981, Jones won a seat in the Texas House of Representatives. He went on to serve as Executive Assistant and Chief of Staff to Texas House Speaker Gib Lewis from 1983 to 1985, when he established his own legislative advocacy practice. In 1998, Jones teamed with Bill Miller to form HiIICo Partners. Among Jones' many political achievements, Capitol inside pointed out his colossal success in orchestrating the effort of keeping Baylor University in the Big 12 Conference as it threatened to unravel. "He spearheaded a furious networking crusade among legislators and lobbyists." Jones is a graduate of Baylor University and the Baylor Law School. He is active in community life having served terms as Chairman of Deli Children's Hospital Foundation Board and Chairman of the Board of Regents at Baylor University, among other organizational duties. Eddie Solis is a HillCo Partners principal and focuses on the firm's Local Government and Public Pension Practice. Solis joined HillCo Partners in 2010 after serving as Director of Government Relations for the Texas Municipal Retirement System (TMRS) since January 2007. He has 20 years of public -sector experience, including 16 years with the Texas Comptroller's office under the Bullock, Sharp and Strayhorn administrations. He served as Special Assistant to Comptroller John Sharp and as Special Assistant for Legislative and Border Affairs under Comptroller Strayhorn. He was also Special Assistant for Border Affairs and General Government under Lieutenant Governor Bill Ratliff during the 77" legislative session. In addition to his legislative work, Solis has focused on stakeholder outreach, particularly in the local government area. At the Texas Comptroller's office, he traveled extensively throughout the state meeting with local and state elected officials and business organizations to inform them on local government issues and provide needed assistance. During his time in state government, he also gathered critical experience and knowledge on the workings and processes of state agencies. As Director of Government Relations for TMRS, Solis coordinated the system's outreach to local governments and stakeholders and facilitated passage of transformational legislation. He was the principal liaison to the TMRS Advisory Committee, which represents the system's diverse constituencies, Page 13 At HillCo, Solis works in the areas of public pension and local government, as well as on issues for various other clients of the firm. Solis was also a part of the HillCo team that worked on the Lubbock Power and Light integration to ERCOT project. Todd Webster is a trained as an attorney and served as a key executive at Texas Education Agency and at one time Acting Commissioner. Todd also has extensive experience in municipal government having served as Mayor of Kyle - a fast growth suburban city. Todd Webster recently joined HillCo Partners and represents the interests of the firm's clients at the Texas Legislature and with various state agencies. Webster started a private consulting practice in 2012, providing governmental affairs and other consulting services to a variety of clients. He has years of experience in education policy, having worked with clients at the national level and in other states, providing strategic guidance on national and state education policy matters as well as assisting organizations with developing and implementing education reform agendas. Between 2009 and 2012 he was the Chief of Staff/Chief Deputy Commissioner of the Texas Education Agency, tasked with overseeing the state's public schools including student assessment. Webster was Acting Commissioner of Education between the terms of Commissioners Robert Scott and Michael Williams. For five years, beginning in April 2002, Webster served as former Governor Rick Perry's advisor for public education. He also served as a policy advisor to former Texas Education Commissioners Mike Moses and Jim Nelson; and as a legislative aide for criminal justice and public safety to former Lieutenant Governor Bob Bullock. Webster served two terms on the Kyle City Council beginning in 2003, and then was elected Mayor June 2014— December 2017, As Mayor and councilmember, Todd worked on the passage and implementation for projects related to, Infrastructure with road bond for five roads, the expansion of wastewater treatment expansion Worked to secure 50-year water supply for the city, created a storm water utility. Created impact modeling systems for water, wastewater, drainage and traffic to predict infrastructure demand from development, and established vested property tax reimbursement districts targeting manufacturing disaster recovery efforts, and park system restoration initiative. A licensed attorney, Webster holds a Bachelor of Arts degree from The Ohio State University and a Juris Doctorate from St. Mary's University School of Law. Page (4 SERVICES PROVIDED Consistent with the goals and objectives of City, the responsibility of HillCo under this agreement shall be as follows: a) Introduce and seek passage to add the City of Beaumont into the Texas Qualified Hotel Project statute and administrative process with relevant agencies, in particular the Texas Comptroller's office; b) Work with legal counsel for City in the drafting of appropriate legislation to accomplish City goals; c) Coordinate with City to develop short and long term goals and achievement strategies for governmental and regulatory affairs, desired legislative outcomes, and public relations; d) Engage with the Office of the Governor, Speaker and Lieutenant Governor to educate the staff on City's operations and economic development opportunities; e) Assist City in professionally networking and fostering positive working relationships with any members of the Texas House, Texas Senate, and all statewide officials that are deemed important to their governmental relations strategies; educate decision makers with regard to City's interests and governmental affairs objectives; f) Monitor the interim and session activities of the Texas Legislature, including the 88th Legislative Session and any called special sessions that occur during the term of this agreement. Carefully track any legislation that relates to City; provide regular bill summaries and legislative status reports; g) Advise City of upcoming meetings, hearings, briefings and other formal or informal sessions of importance in a timely manner whenever possible to allow each City to participate in advocacy efforts; and h) Observe and attend committee hearings, agency and stakeholder meetings on matters identified as important to City's goals for governmental/regulatory affairs and desired legislative outcomes; provide each City's leadership with summaries of these interactions, along with all periodic interim and session notifications and updates generated by HIIICO's communications team. At City's instruction and request, HillCo will provide periodic reports on the progress of all initiatives undertaken within the services described in this section. In addition, HillCo will actively participate in all internal meetings and discussions held at the City of Beaumont that pertain to regulatory and governmental affairs. Finally, HillCo will add the City of Beaumont to the communications list for rapid updates on Texas political developments. Page 15 TERMS, FEES AND REIMBURSEMENTS The term of this agreement commences on January 1, 2023, and shall conclude on December 31, 2023, For these activities and responsibilities, HillCo shall be compensated in the following amounts: A. The fee for this agreement is $7,500 during the months the legislature is convened for the SStn Regular session to include the 20-day veto period and to include special sessions should the called issues established by'the Governor be relevant to City. The fee will be $3,500 during a non -legislative month for the duration of this agreement. Said fee may will be paid in monthly installments with the first payment due and payable on January 1, 2023, and a like sum payable to HillCo on the first day of each month thereafter until the last month of this agreement, December 2023, unless extended by agreement of both City and HillCo. B. City agrees to pay the HillCo reasonable expenses incurred in connection with services provided regarding the issues, including a base sum billed to all clients. City shall be billed for costs for telephone, legislative entertainment and education, postage, reproduction and administrative assistance, out-of-town travel and other activities related to maximizing City opportunities. The maximum amount of such expenses shall not exceed $500.00 per month. Prior express authorization is required from City for expenses exceeding such amounts. HillCo agrees to provide, if requested by City, invoices and other documents which reflect the amounts billed as expenses. L At anytime during the term, City may terminate this agreement upon 60 days written notice. HiIICo will provide City with an invoice on the first of each month that will include instructions on how to remit payment. LOBBY ACTIVITY, CONFLICT OF INTEREST The ethics laws and rules adopted by the Texas Ethics Commission require HillCo to report compensation or reimbursement paid to HillCo for the purpose of directly communicating with members of the legislative or executive branches. Texas Ethics Commission rules provide that a registrant receiving compensation or reimbursement for purposes other than lobby activities may reasonably determine the amount of compensation attributable to lobby activities and report only that amount. The rules define lobby activity as "direct communication with one or more members of Texas' legislative or executive branch to influence legislation or administrative action, and activities in preparing for such direct communication." Page 16 With respect to possible conflicts of interest, HillCo wishes to provide to City the identities of all clients currently engaging its services in connection with lobbying activities; a list of those clients will be sent separately. City consents to HillCo representing the interests of such multiple clients, as long as HillCo does not represent any with an interest in the issues that directly conflicts with City's interests, unless otherwise consented to. If any such conflicts should develop, HillCo agrees to bring that fact immediately to the attention of City pursuant to state law. All written or oral sworn testimony at Legislative or Administrative hearings shall be performed or otherwise provided by the City itself or one of its designated representatives. CONFIDENTIALITY If City provides information or materials indicated to be confidential, HillCo will maintain the confidentiality of such matters and not disclose any such information without express permission from City. LEGAL SERVICES It is understood and agreed that HillCo is being retained hereunder to provide government consulting services and not to provide legal advice or services to City. In the event that legal opinions or financial analysis are needed at any time with respect to City's interests, the decision to seek additional professional advice and services, and from whom, shall rest exclusively with the City. FURTHER SCOPE OF WORK it is understood and agreed that should a need arise in addition to the services provided above City and HillCo will execute an addendum. INDEPENDENT CONTRACTOR HillCo Partners is an independent contractor and is not authorized to commit or obligate City in any manner whatsoever. This agreement does not constitute an employer -employee relationship between HillCo and City, and therefore, HillCo is not entitled to participate in or receive any employee benefits of City, such as, but not limited to, insurance, pension, disability or medical. GOVERNING LAW This agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law principles thereof. Under Texas and federal law, various requirements are imposed on persons and organizations that interact with state officials, especially where an attempt is made to influence legislation or Page 17 contracts. In this regard, HillCo will promptly inform City when any such filings are necessary and seek registration with respect to the services to be performed on the City's behalf. WARRANTY AND INDEMNITY HillCo warrants and represents that it has the full right, power and authority to enter into this agreement and to perform legislative and executive branch governmental consulting and public relations services in the State of Texas. HillCo will file all notices as required by law. HiIICo will indemnify and hold City harmless from and against any and all claims, damages, liabilities, costs, and expenses, including legal expenses and reasonable attorney's fees, arising out of any breach of the foregoing provisions, warranties and representations. By: HillCo Partners EXECUTED as of the date first set forth above City of Beaumont Neil T. "Buddy" Jones, Partner Dan Bowman Date: Date: PUBLIC HEARING Receive comments on a determination of the Public Health Director that public health nuisances exist on the properties owned by James Eller Jr at 2332 Evalon; Karen Placette at 9310 Josey; Anna Mae Wilridge at 1145 Goliad and James Callas at 5345 Rosemary, 5375 Rosemary and 5395 Rosemary 12 January 24, 2023 Consider a resolution finding and ratifying the determination of the Public Health Director that public health nuisances exist on the properties owned by James Eller Jr. at 2332 Evalon; Karen Placette at 9310 Josey; Anna Mae Wilridge at 1145 Goliad and James Gallas at 5345 Rosemary, 5375 Rosemary and 5395 Rosemary TEXAS . TO: City Council FROM: Kemleth R. Williams, City Manager PREPARED BY: Kenneth Coleman, Public Health Director MEETING DATE: January 24, 2023 REQUESTED ACTION: Request a public hearing and for council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the properties owned by James Eller Jr at 2332 Evalon; Karen Plaeette at 9310 Josey; Anna Mae Wilridge at 1145 Goliad and James Callas at 5345 Rosemary, 5375 Rosemary and 5395 Rosemary. BACKGROUND According to the City of Beaumont's Code of Ordinances, Chapter 10 Health and Sanitation, Sec 10.01.001, a nuisance is defined as whatever is dangerous to human life or whatever renders the ground, the water, the air or food a hazard or injury to human health is hereby declared to be a nuisance, The City's Code of Ordinances further state in Chapter 12 Offenses & Nuisances Section 12,07.033 that a person who owns or occupies property commits an offense if that person allows litter to accumulate on that person's property. The legal description and violations of these properties are: • 2332 Evalon, AVERILL L24 & E12 112 L23 B 14 Rodent Harborage Chapter 10 Health & Sanitation, Article.10.04; Section 10.04.001 & Section 10.04.003 Mosquito Harborage Chapter 10 Health & Sanitation, Article 10.05; Section 10.05.001 Collections of water prohibited & Section 10.05,005 Nuisances water conditions promoting mosquito breeding Excessive Litter Chapter 12 Offenses & Nuisances, Article 12.07.002 0 9310 Josey, GULF TERRACE L15 B19 Rodent Harborage Chapter 10 Health & Sanitation, Article 10,04; Section 10.04.001 & Section 10.04.003 Mosquito Harborage Chapter 10 Health & Sanitation, Article 10.05; Section 10,05.001 Collections of water prohibited & Section 10.05.005 Nuisances water conditions promoting mosquito breeding Excessive Litter Chapter 12 Offenses & Nuisances, Article 12.07.002 • 1145 Goliad CARTWRIGHT TERR L 4 B 10 Excessive Litter Chapter 12 Offenses & Nuisances, Article 12.07.002 • 5345 Rosemary MC ANELLY PLACE Ll B3 • 5375 Rosemary MC ANELLY PLACE L2 B3 • 5395 Rosemary MC ANELLY PLACE Ll B3 Rodent Harborage Chapter 10 Health & Sanitation, Article 10.04; Section 10.04.001 & Section 10.04.003 Excessive Litter Chapter 12 Offenses & Nuisances, Article 12,07.002 If the property owners fail to comply within ten (10) days, staff is requesting the authorization from City Council to clean the property and/or authorize the City Attorney to seek legal action to have the nuisances abated. FUNDING SOURCE General Fund -Public Health, RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE DECLARING THE STRUCTURES AT 2332 EVALON, 9310 JOSEY, 1145 GOLIAD, 5345 ROSEMARY, 5375 ROSEMARY, AND 5395 ROSEMARY, BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE PROPERTY OWNERS HAVE TEN (10) DAYS TO COMPLY. BE IT ORDAINED BY THE CITY OF BEAUMONT: WHEREAS, according to the City of Beaumont's Code of Ordinances, Chapter 10 Health and Sanitation, Section 10.01.001, a nuisance is defined as whatever is dangerous to human life or whatever renders the ground, the water, the air or food a hazard to human health; and, WHEREAS, a public hearing has been requested for the City Council of the City of Beaumont to declare the structures listed below to be a public nuisance as a life/safety hazard that may injure or affect the public health or comfort; and, WHEREAS, evidence has been presented to the City Council showing that the structure at 2332 Evalon, is in violation of The City's Code of Ordinances Chapter 12, Section 12.07.033: 1. Rodent Harborage, Chapter 10 Health and Sanitation, Article 10.04; Section 10,04.001 and Section 10.04.003; and, 2. Mosquito Harborage, Chapter 10 Health and Sanitation, Article 10.05; Section 10,05.001 collections of water prohibited and Section 10.05.005 Nuisances water conditions promoting mosquito breeding; and, 3. Excessive Litter, Chapter 12 Offenses and Nuisances, Article 12.07.002; and, WHEREAS, evidence has been presented to the City Council showing that the structure at 9310 Josey, is in violation of The City's Code of Ordinances Chapter 12, Section 12.07.033: 1. Rodent Harborage, Chapter 10 Health and Sanitation, Article 10.04; Section 10.04.001 and Section 10.04.003; and, 2. Mosquito Harborage, Chapter 10 Health and Sanitation, Article 10.05; Section 10,05.001 collections of water prohibited and Section 10.05.005 Nuisances water conditions promoting mosquito breeding; and, 3. Excessive Litter, Chapter 12 Offenses & Nuisances, Article 12.07.002; and, WHEREAS, evidence has been presented to the City Council showing that the structure at 1145 Goliad, is in violation of The City's Code of Ordinances Chapter 12, Section 12,07.033: 1. Excessive Litter, Chapter 12 Offenses and Nuisances, Article 12.07.002; and, WHEREAS, evidence has been presented to the City Council showing that the structures at 5345 Rosemary, 5375 Rosemary, and 5395 Rosemary are in violation of The City's Code of Ordinances Chapter 12, Section 12.07.033: 1. Rodent Harborage, Chapter 10 Health and Sanitation, Article 10.04; Section 10.04.001 and Section 10.04.003; and; 2 Excessive Litter, Chapter 12 Offenses and Nuisances, Article 12.07.002; and, WHEREAS, the City Council finds that these violations created an eminent danger to the public health. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT the City Council hereby finds that the violations of the City of Beaumont's Code of Ordinances, Chapter 10 Health and Sanitation, Section 10.01.001 listed above exist and that these violations constitute an eminent condition which may injure or affect the public health or comfort and, under authority of state law, hereby declares the structures listed above to be a public nuisance and orders that a certified copy of this ordinance be delivered to persons responsible of the structures above and that those persons immediately fix the violations. Section 2. THAT if the owners of the structures listed above fail to comply within ten (10) days, staff is requesting the authorization from City Council to clean the property and/or authorize the City Attorney to take legal action to abate the nuisances. Section 3. THAT if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. THAT all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of January, 2023, - Mayor Robin Mouton - m N O N n N J 0� LU z w fK m a w No Text No Text No Text No Text PUBLIC HEARING Dangerous Structures 13 January 24, 2023 Consider an ordinance to declare 50 structures to be unsafe structures and order the owners to raze the said structures within 10 days. if the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in frill or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance WMA TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager 3 PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: January 24, 2023 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance to declare the following 50 structures to be unsafe structures and order the owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full, or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance, 1. 1485 Avenue G - structure 2. 1580 Avenue G - structure 3. 5760 Bigner -- includes shed 4. 890 Boyd - structure 5. 990 Boyd --- includes garage 6. 995 Cottonwood - structure 7. 1455Cottonwood — includes carport & 2 sheds 8. 3330 Dogwood - structure 9. 5725 Downs - structure 10. 1255 Euclid — includes garage It. 2332 Evalon - includes carport & shed 12. 1735 Fairway - structure 13. 2095 Fillmore - structure 14. 2110 Foch - structure 15. 7860 Fox Cv - mobile Dome & camper , 16. 6630 Frint - includes shed 17. 1355 Fulton - structure 18. 6160 Garner -- includes 2 sheds & garage 19. 1390 Gilbert - garage apartment only 20. 1040 Goliad - includes garage 21. 1160 Goliad - structure 22. 7645 Greenfield - mobile home 23. 1210 Houston - commercial 24. 4520 Ironton - includes shed 25. 3220 Lampassas - structure 26. 1370 W. Lavaca -- includes pool - commercial 27. 3810 E. Lynwood - structure 28. 1359 Magnolia - commercial 29, 2485 Magnolia - structure 30. 320 Manning - structure 31. 430 Manning - structure 32. 3505 Marie - structure 33. 2550 Milam -- includes shed & duplex (2540) 34. 8375 Oak Ridge - structure 35. 4795 Park - structure 36. 1060 Pipkin -- includes garage apartment 37. 614 Prince - includes shed 38. 7795 San Diego - stricture 39. 2798 San Jacinto - includes garage 40. 2915 San Jacinto - structure 41. 2455 Southerland - structure 42. 3438 St James - includes shed 43. 4565 Steelton - includes shed 44, 710 Surmyyside - structure 45. 3395 Taliaferro - commercial 46. 340 E, Threadneedle - includes garage 47. 4020 Usan - structure 48. 3 980 Waco -- includes shed 49. 1720 Washington -- garage only 50. 2910 Willard - includes shed BACKGROUND These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaiunont's Code of Ordinances, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2015 International Property Maintenance Code. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair, FUNDING SOURCE Sources may include General fiends and Comn-ninity Development Block Grant (CDBG) fianding. RECOMMENDATION Approval of the ordinance, ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 1485 Avenue G -- structure 2. 1580 Avenue U- structure 3. 5760 Bigner- includes shed 4. 890 Boyd- structure 5. 990 Boyd --- includes garage 6, 995 Cottonwood - structure 7. 1455 Cottonwood - includes carport & 2 sheds 8. 3330 Dogwood - structure 9. 5725 Downs ---- structure 10. 1255 Euclid --- includes garage 11. 2332 Evalon- includes carport & shed 12. 1735 Fairway -- structure 13. 2095 Filmore- shucture 14. 2110 Foch - structure 15. 7860 Fox Cv - mobile home & camper 16. 6630 Flint- includes shed 17. 1355 Fulton - structure 18. 6160 Garner- includes 2 sheds & garage 19. 1390 Gilbert- garage apartment only 20. 1040 Goliad - includes garage 21. 1160 Goliad -- structure 22. 7645 Greenfield - mobile home 23. 1210 Houston -- commercial 24. 45201ronton --- includes shed 25. 3220 Lampassas --- structure 26. 1370 W. Lavaca -- includes pool - commercial 27. 3 810 E. Lynwood - structure 28. 1359 Magnolia- commercial 29. 2485 Magnolia - structure 30. 320 Manning - structure 31. 43 0 Manning - structure 32. 3 505 Marie - structure 33. 2550 Milam -- includes stied & duplex (2540) 34. 9375 Oak Ridge - structure 35. 4795 Park - structure 36. 1060 Pipkin -- inchndes garage apartment 37, 614 Prince -- includes shed 38, 7795 San Diego —structure 39. 2798 San Jacinto —includes garage 40, 2915 San Jacinto- structure 41. 2455 Southerland — structure 42. 3438 St James --- includes shed 43. 4565 Steelton —includes sited 44. 710 Sunnyside — structure 45. 3395 Taliaferro — coamnercial 46. 340 E. Threadneedle -- includes garage 47. 4020 Usan — structure 48. 3880 Waco -- includes shed 49. 1720 Washington — garage only 50. 2910 Willard -- includes shed to be unsafe structures in that said buildings violate Chapter 24, Article 24.04, Section 14.04.001 of the 2015 international Property Maintenance Code, and additionally these structures have deteriorated to a condition that they are no considered suitable for repair. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the above described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL. of the City of Beaumont this the 24th day of January, 2023. - Mayor Robin Mouton - PUBLIC HEARING: January 24, 2023 Unsafe Substandard Structures Consider approval of an ordinance declaring certain structures to be unsafe substandard structures and ordering their removal within 10 days or authorizing the property owner to enroll the unsafe structure in a work program.. L 1485 AVENUE G - STRUCTURE 2. 1580 AVENUE G -- STRUCTURE 3. 5760 BIGNER -INCLUDES SHED 4, 890 BOYD - STRUCTURE 5. 990 BOYD - INCLUDES GARAGE 6. 995 COTTONWOOD - STRUCTURE 7. 1455 COTTONWOOD - INCLUDES CARPORT & 2 SHEDS 8. 3330 DOGWOOD -STRUCTURE 9. 5725 DOWNS -STRUCTURE 10. 1255 EUCLID -- INCLUDES GARAGE 11, 2332 EVALON --- INCLUDES CARPORT & SHED 12. 1735 FAIRWAY - STRUCTURE 13. 2095 FILLMORE -- STRUCTURE 14. 2110 F'OCH - STRUCTURE 15. 7860 FOX CV - MOBILE HOME & CAMPER 16. 6630 FRINT -INCLUDES SHED 17. 13 5 5 FULTON - STRUCTURE 18. 6160 GARNER - INCLUDES 2 SHED & GARAGE 19. 1390 GILBERT -- GARAGE APARTMENT ONLY 20. 1040 GOLIAD -- INCLUDES GARAGE 21. 1160 GOLIAD - STRUCTURE 22. 7645 GREENFIELD -MOBILE HOME 23. 1210 HOUSTON -COMMERCIAL 24. 4520 IRONTON - INCLUDES SHED 25. 3220 LAMPASSAS - STRUCTURE 26, 1370 W LAVACA - INCLUDES POOL - COMMERCIAL 27. 3810 E. LYNWOOD - STRUCTURE 28. 1359 MAGNOLIA - COMMERCIAL 29. 2485 MAGNOLIA - STRUCTURE 30. 320 MANNING - STRUCTURE 31. 430 MANNING - STRUCTURE 32. 3505 MARIE - STRUCTURE 33. 2550 MILAM -- INCLUDES SHED & DUPLEX (2540) Exhibit "A" 34. 8375 OAK RIDGE - STRUCTURE 35, 4795PARK -STRUCTURE 36. 1060 PIPKIN - INCLUDES GARAGE APARTMENT 37. 614 PRINCE - INCLUDES SHED 38. 7795 SAN DIEGO -STRUCTURE 39. 2798 SAN JACINTO - INCLUDES GARAGE, 40. 2915 SAN JACINTO - STRUCTURE 41. 2455 SOUTHERLAND - STRUCTURE 42. 3438 ST JAMES - INCLUDES SHED 43. 4565 STEELTON -- INCLUDES SHED 44. 710 SUNNYSIDE - STRUCTURE 45. 3395 TALIAI+ERRO - COMMERCIAL 46. 340 E. THREADNEEDLE -- INCLUDES GARAGE 47, 4020 USAN - STRUCTURE 48. 3880 WACO - INCLUDES SHED 49. 1720 WASHINGTON - GARAGE ONLY 50. 2910 WILLARD - INCLUDES SHED SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BE, AUMONT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: 1485 AVENUE G - STRUCTURE CHARLES E JOHNSON 1483 AVENUE G BEAUMONT, TX 77701 Owner enrolled in Pre -Council Work Program? $37,650.00 M 10/06/2021 NO DESCRIPTION OF PROPERTY: The structure is unsecure with broken windows missing doors. The doors are blocked with furniture and wood. The interior is full of mold and has holes in the walls. There is missing and rotten siding that will have to be replaced. The ceiling has collapsed exposing the rotten wood. Parts of the foundation beams are rotten and have severe termite damage. Based on the extensive repairs needed in this structure staff is recommendina a raze order for this structure. The reins ection was completed on 01/04/2023. SEE ATTACHED PHOTOS 1 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BE, AUMONT ADDRESS OF STRUCTURE: 1580 AVENUE G -- INCLUDES SHED OWNER: KARINA HUERTA OWNER ADDRESS: 2200 VICTORIA ST BEAUMONT, TX 77701 Market Value: $53,029.00 Fire damaged? NO Property was Red Tagged on: 11/01/2021 Owner enrolled in Pre -Council Work Program? YES DESCRIPTION OF PROPERTY: Owner signed up for a work program on 11/05/2021 and was allowed 150 days to make the repairs. A building permit is the _only permit that was called and no inspections have been completed. The interior is putted and the exterior has a lot of rotten wood that needs to be replaced. Most of the window frames will have to be replaced. The fascia boards will need to be replaced they are rotting in several places. The eaves will need to be replaced there is rotting wood and the sidinI4 that covered the wood on the eaves is missing in several areas. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reins ection was completed on 11/02/2022. SEE ATTACHED PHOTOS t t ,n bpi Y ' i SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 5760 BIGNER — INCLUDES SHED OWNER: RAUL REYNA-PATLAN & ANA MARIA REYNA GUERRERO OWNER ADDRESS: 910 TEMPLE CIR HITCHCOCK, TX 77563 Market Value: $51,985.00 Fire damaged? YES Property was Red Tagged on: 06/24/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is fire burned. The roof will have to be replaced it is fire burned in one area. There are broken Windows with rotten window seals and burned seals. The eaves are rotten and will have to be replaced, There is interior and exterior fire damal4e. Based on the extensive repairs needed in this _structure, staff is recommending a raze order for this structure. The reinspection was completed on 10/28/2022. SEE ATTACHED PHOTOS 3 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: 890 BOYD ROY LEE & BERTHA ADAMS 4310 CORLEV AVE BEAUMONT, TX 77707 Owner enrolled in Pre -Council. Work Program? $10,771.00 late] 10/01/2021 NO DESCRIPTION OF PROPERTY: The house is unsecure because half of it is missing.The electrical, plumbing, and mechanical will have to be replaced. There_ is siding that will have to be put on the entire structure once the building is constructed. The window frames are rotten and will need to be reframed. Some work was started on the foundation, but it has not been inspected or completed. Based on the extensive repairs needed in this structure, staff is recommendinj4 a raze order for this structure. The reins ection was completed on 01/04/2023. SEE ATTACHED PHOTOS 4 u Ai 1 NUJ i� ry m - J1; N �JI- 5 �_ ! tiF .fiior t _.k E f j S y, 41 r tA,te T.l���ie '. Il':�. �.(/*•4 �r a��..i! .. i etas � it (� .'.A�,� 14:i rt.-�. 71 t atgz y• .t �� RI ai i1�IJRj NN�� �YS yl •� ...i �1�" �}�,�s p�l �gi-•� n r � �~ f �Y 1�..r q��J'•� A'i.,';� � va 1 � SS x� r+' i � 11 r � > Ik � ' ' � ►,� +•'�: J I � 1{ r - - `r��'�r'i� �r �, r -},�,� a�i. 1 �'y r i i ; -t r f 4 •,y F li :x 1 � - �,zr.,� - yM, �, �'J.� � s, 1_ M ram'' ' � is' � •� • s'`, 3 - �•� 5 f > �! r ,� � � 1 fit- .,�1` r::�� .•9}�, .j- r ��. ,=�j °3 w! 1 ,r � \ � � m , p Y, X j -,• - i ;,:,. S Y.3 ►'++ '• '.l!id 5 y b �- SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: 990 BOYD —INCLUDES GARAGE RAYMOND STELLY JR 990 BOYD ST BEAUMONT, TX 77705 Owner enrolled in Pre -Council Work Program? $ 21,098.76 $40,481.00 NO 08/02/2021 NO DESCRIPTION OF PROPERTY: The structure has 2 big holes on the exterior and the bottom of the structure is missing the bottom level of siding. There are broken windows and the framing is rotten around them. There is severe termite damage to the foundation beams. The house is unsecured because of the broken windows and the holes in the sides. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reins ection was completed on 11/02/2022. SEE ATTACHED PHOTOS 5 Z :\ �- � 1. J`• f 1 Y - r ll a r r { -vj Iti � x .rz SUBSTANDARD BUILDING- INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: 995 COTTONWOOD - STRUCTURE IMNNETH RUBE SR 1201 CALVERT ST LINCOLN, NE 21681 Owner enrolled in Pre -Council Work Program? $6,198,75 $24,440.00 M►[1] 11/24/2021 NO DESCRIPTION OF PROPERTY: The structure is unsecur a and the roof is rotting and will need to be replaced. There is rotten wood all around the house including the window frames. There are broken and boarded windows. The interior of the house has mold. The sheetrock has fallen from the ceiling exposing the rotten wood. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reinsuection was completed on 01/04/2023. SEE ATTACHED PHOTOS 0 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 1455 COTTONWOOD — INCLUDES CARPORT & 2 SHEDS OWNER: .TAMES C SMITH LIFE ESTATE OWNER ADDRESS: 1455 COTTONWOOD BEAUMONT, TX 77703 TAXES OWED— $14,328.14 Market Value: $45,189.00 Fire damaged? NO Property was Red Tagged on: 09/29/2021 Owner enrolled in Pre -Council Work Program? NO l DESCRIPTION OF PROPERTY: The structure has a lot of rotten wood damage that wild have to be replaced. The ceilings have holes in them because of the structure being exposed to the weather elements. There is trash throughout the interior and exterior of the structure. There are broken windows that will have to be replaced along with the rotting window frames. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reinspection was completed on 10/28/2022. SEE ATTACHED PHOTOS VA kW l"l,;,' . � I• r ` Sr - r in ✓ � Jf I ki [V ry o, � \ A SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER ADDRESS: TAXES OWED: Market Value: Tire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 3330 DOGWOOD - STRUCTURE LEROY HARRIS JR . 6650 LEXINGTON DR APT 34 BEAUMONT, TX 77706 Owner enrolled in Pre -Council Work Program? $138,978.00 YES 10/20/2021 YES DESCRIPTION OF PROPERTY: The owner signed up for the work program and was allowed 150 days to make the repairs. The work program ended 03/20/22. An extension until 07/22/22 was granted. The house is fire burned and the framework had been started but no inspections have been done. There was a stop work order issued in the beginning far worldng without permits. This structure started as a property maintenance case and then changed to a red to after the owner did not comply with the court. It caught fire after the work had bel4un without permits. No inspections have been made. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reinspection was completed _on10/27/2022. SEE ATTACHED PHOTOS ' i k� n S q F SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: 'FAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 5725 DOWNS - STRUCTURE JANIE M GILFORD CARL WESLEY GILFORD ESTATE P.O. BOX 41441 BEAUMONT, TX 77725 Owner enrolled in Pre -Council Work Program? $25,965.00 NO 07/21/2021 YES DESCRIPTION OF PROPERTY: The owner signed up on a wozk_p_rolzram on 08/30/2021 and was given 150 days plus an extension was aiven through spring because there was a bee infestation that could not be removed until the spring. Permits were pulled -but no work or inspections have been done. There is interior damage to the sheetrock and from the bees. The structure has a lot of rotten wood on the facia boards and soffits. There is a small hole in the roof. The electrical service will have to be replaced on the exterior. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reinspection was completed on 11/03/2022. SEE ATTACHED PHOTOS 9 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 1255 EUCLID — INCLUDES GARAGE OWNER: PALM SPRINGS LADES PROPERTIES LLC OWNER ADDRESS: 7933 MIRAMAR PARKWAY MIAMI, FL 33023 Market Value: $44,953.00 Fire damaged? NO Property was Red Tagged on: 09/23/2021 Owner enrolled iri Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The structure has multiple broken windows that will have to be replaced. The siding needs to be replaced in several areas. The interior has mold growinjj in it from being exposed to the elements. The front porch and ramp will have to be replaced the wood is rotten. The roof will weed to be replaced along with the soffits. Based on the extensive repairs needed in this structure, staff is recommending _a_raze order for this structure. The reins ection was completed on 01/0412023. SEE ATTACHED PHOTOS 10 Am IS SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2332 EVALON -- INCLUDES CARPORT & SHED OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: JAMES D ELLER JR 2332 EVALON ST BEAUMONT, TX 77702 Owner enrolled in Pre -Council Work Program? $115,405.00 04/12/2021 YES DESCRIPTION OF PROPERTY: The property has been declared apublic nuisance. The owner signed up for a work program on 04/19/2021 and was granted 150 days plus a 90-da extension. No work has been done to the structure. There is rotten wood all over the exterior that must be replaced. The foundation must be leveled and multiple places. There is water damage to the interior on the add on because of being exposed to the elements. The addition will have to be demolished or completely rebuilt. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reinspection was completed on 10/28/2022. SEE ATTACHED PHOTOS 11 k SI y.P • p yew" � '� �p? ♦ S 1" 4 � `Y I d t f � �' -,� ��, Z t \ - r �n ki r( ja yA "IS RI, i m �'k� �� td, ht 'V \,: .w�"5 rs ...r. -ys 1�. —., al.•. '.� it 'J 1,-ri�i} 71 r 1 (( T _ '� �11} ``��1 I,F�:. �� � � t� ��r� �f•�,� �ya'�� y j _ t�hl i�til� �' r 1- �';.� r 1La >ok r t 41 a1 fq 71 �✓' ,,.Ka a. \ � — BEd � ' }� � f ;, i-i , t . �' F �, i ?.'� �} -: I \. .. t ,. '; , "� TEA, _ "�•. _ T,a.-. .lfW.% SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 1735 FAIRWAY - STRUCTURE ANGLE FUND INC 5115 N LAMAR AUSTIN, TX 78751 Owner enrolled in Pre -Council Work Program? $35,451.00 NO 09/21/2021 kvi- DESCRIPTION OF PROPERTY: The owner signed up on a work program 01/06/22 and was iven 150 days to make the repairs. No permits have been pulled or inspections completed. According to the owner they have been doing work without permits. There is rotten wood around the exterior of the structure that needs to be replaced. There are broken windows that need to be replaced along with the rotten window frames. The soffits need to be replaced in several areas. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reinspection was _completed on 10/27/2022. SEE ATTACHED PHOTOS I? • rl S BAN s kV 4 z 7; I 5 rvR» y ,t5 _tea 21 1 A�� � � ° i ti ! � � t tip_ is `9a- � � , • ��^x S? C— 4 y; 7 - ✓ Id l aIV I -I \ X t i •y �� �.i`" 1, �li• �. w`r;�lf,...�_ t s :: e- •.11 i1�511111 !�`.���rJ;� w�- � ��, �� �• ys S�u I � IrE �1� I�����I¢i f s s�t �Q�'�i"j,,��- y Jr! .�3` � o s ���• " � g] jo, c _ 1P SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXIS OWED: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 2095 FILLMORE - STRUCTURE VINCENT ZENN 2095 FILLMORE ST BEAUMONT, TX 77703 Owner enrolled in Pre -Council Work Program? $55,988.00 NO 06/24/2021 YES DESCRIPTION OF PROPERTY: The owner signed up for a work program on 04/21/22 and was granted 150 da s to make the needed repairs. No permits have been pulled and no inspections have been made. The structure is unsecure. A tree has fallen on the house which has caused the interior to be damaged. The floor, ceiling, and walls are falling and rotting. There are holes in the roof that have caused the interior to be exposed to the elements. Based on the extensive repairs needed in this structure staff isrecommending a raze order for this structure. The reinspection was completed on 03/17/2022. SEE ATTACHED PHOTOS 13 1 r _ 4 i X, All l y 1� � i•r��l, ' w 51 ��A �+ d j.1� h f' ;I S'��S 'tl �.n. I •'S � . b X•. i SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 2110 FOCH - STRUCTURE ROBOCA REAL PROPERTIES LLC 11010 TRI CITY BEACH ROAD BEACH CITY, TX 77523 Owner enrolled in Pre -Council Work Program? $9,292.23 $58,270.00 NO 10/29/2021 NO DESCRIPTION OF PROPERTY: The structure is unsecure. There are broken windows and rotten window frames that need to be replaced. The ceiling has started to collapse and has mold on it from the rain coming in the roof. The roof has damage and has been covered with blue tarps, but they have come off. There is rotten siding at the bottom of the structure all the way around. The front porch is rotting and the roof of it is collapsing. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 11/0312022. SEE ATTACHED PHOTOS 14 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 7860 FOX CV — MOBILE DOME & CAMPER OWNER: MARIO RUIZ HILDA CHAVEZ OWNER ADDRESS: 7860 FOX COVE BEAUMONT, TX 77713 TAXES OWED- $2,5 6.19 Market Value: $9,425.00 Fire damaged? NO Property was Red Tagged on: 10/13/2020 Owner enrolled in Pre -Council Work Program? lece DESCRIPTION OF PROPERTY: The mobile home is missing the roof and is coin letel rotten on the interior. The floor is rotten also. The floor is completely missiniz in the camper and one wall is missing. Both structures are exposed to the elements. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reinspection was completed on 11/02/2022. SEE ATTACHED PHOTOS 15 Y" 4Ems= am { 1 f 1'! SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: 6630 FRINT — INCLUDES SHED ROBERT STANLEY MODE 2318 7Tu ST PORT NECHES, TX 77651 Owner enrolled in Pre -Council Work Program? $115,329.00 NO 10/12/2021 NO DESCRIPTION OF PROPERTY: The Year portion of the house has collapsed. The structure is unsecure and frill of mold, trash, and debris. There are multiple abandoned vehicles and boats on the property. The roof is collapsing and has holes in it. All electrical, mechanial and plumbing will need to be replaced. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 03/17/2022. SEE ATTACHED PHOTOS 16 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DMSION CITY OF BEAUMONT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: 1355 FULTON - STRUCTURE WALTER & CLARISSA LEE 1355 FULTON ST BEAUMONT, TX 77701 Owner enrolled in Pre -Council Work Program? $3,785.40 $6,738.00 NO 06/15/2021 PO] DESCRIPTION OF PROPERTY: The structure is unsecure. The structure is gutted on the interior. There is rotten wood on the interior and exterior of the building._ There is termite damage on the exterior that will need to be treated and replaced. The floor is rotting and missing boards. The plumbing and electrical will have to be replaced. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reinspection was completed on 11/03/2022. SEE ATTACHED PHOTOS 17 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 6160 GARNER — INCLUDES 2 SHEDS & GARAGE OWNER: PATRICIA RUTH LEMAIRE ESTATE OWNER ADDRESS: 8500 E. SOUTHERN AVE 4562 MESA, AZ 85209 Market Value: $8,942.00 Fire damaged? NO Property was Red Tagged on: 09/27/2021 Owner enrolled in Pre -Council Worm Program? NO DESCRIPTION OF PROPERTY: The structure is unsecure. The roof is rotten and Gavin in. The windows are broken and the window frames are rotten. There axler©tten eaves and soffits around the entire structure. The electrical and plumbing will have to be brought up to code. There is a lot of rotten wood on the exterior of the house that will have to be replaced. Based on the extensive repairs needed in this structure, staff is recommending_a raze order for this structure. The reins eetion was completed on 10/28/2022. SEE ATTACHED PHOTOS 1$ No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION .CITY OF BEAUMONT ADDRESS OF STRUCTURE: 1390 GILBERT -- GARAGE APARTMENT ONLY OWNER: WADE & OFELIA COOK ESTATE OWNER ADDRESS: 1390 GILBERT ST. BEAUMONT, TX 77701 TAXES OWED: $2,050.97 Market Value: $35,089.00 Fire damaged? NO Property was Red Tagged on: 07/15/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: There are broken windows that will have to be replaced. The wood is rotten all around the structure and there are some b g holes in the sides of the structure. The bottom of the structure has termite damage and the foundation is failin making the structure lean a little. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reinspection was completed on 11/02/2022. SEE ATTACHED PHOTOS 19 C IZ ' • ti, --� ���� 1 is �� I • : �� 'it, 5j � it i 1` Its m2 s ia 1 -- 1 � 711 c SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 1040 GOLIAD — INCLUDES GARAGE OWNER: LEATONIA WELLS OWNER ADDRESS: 3150 WEST CARDINAL DR APT 137 BEAUMONT, TX 77705 TAXES OWED: $15,787.75 Market Value: $33,950.00 Fire damaged? NO Property was Red Tagged on: 05/26/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The roof has holes in it and there are shingles missing. The eaves are rotten and will have to be replaced. The ceiling is collapsing on the interior because of the holes in the roof. The garage is collapsing and leaning. The front porch is starting -to fall. Based on the extensive repairs- needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 11/02/2022. SEE ATTACHED PHOTOS ac No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITE' OF BEAUMONT ADDRESS OF STRUCTURE: All, ►i00 OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: 1160 GOLIAD - STRUCTURE EZRA A MURRY ESTATE 1160 GOLIAD BEAUMONT, TX 77701 Owner enrolled in Pre -Council Work Program? t $20.933.00 lath 05/26/2021 NO DESCRIPTION OF PROPERTY: The entire roof is sagging and there is a big hole in the left corner from a tree falling on it. The weight of the tree has caused the corner of the house to start collapsing and allowing the structural wall to bulge outward. The foundation will need to be repaired. The structure is unsecure. The interior has been exposed to the elements causing mold and water damage. The floor is rotten and will need to be replaced. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reinspection was completed on 11/02/2022. SEE ATTACHED PHOTOS 21 ` 'I 'M f x � ,� A R , • t � tip' 1� - Y i� f d � 1 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 7645 GREENFIELD — MOBILE HOME OWNER: JESSICA LOWE (PROPERTY OWNER) OWNER ADDRESS: 301 BRIAR CIR E CROWLEY, TX 76036 HILDA CRAVE (TRAILER OWNER) TAXES OWED: $1,243.15 Market Value: $8,389.00 Fire damaged? NO Property was Red Tagged on: 10/13/2020 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The structure was flooded and the insulation is comin out of the bottom of the structure. The floors will need to be replaced on the interior according to the trailer owner. The electrical has been stolen and will need to be redone. The tongue of the structure is no lower on the blocks that it was_placed on. The door frame is rotting and will need to be replaced. Based on the extensive repairs needed_ in this structure, staff is recommending a raze order for this structure. The rehispection was completed on 10/28/2022. SEE ATTACHED PHOTOS 22 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Tire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 1210 HOUSTON - COMMERCIAL MARIE FORWARD 10811 WHITE OAK TRACE DR CYPRESS, TX 77429 Owner enrolled in Pre -Council Work Program? $48,762.00 NO 09/09/2021 NO DESCRIPTION OF PROPERTY: The roof has multiple holes on the rear side of the property. The ceiling has collapsed because of the holes in the roof. There are some broken windows that will need to be replaced. The eaves and soffits will need to be replaced, The insulation will have to be replaced because it has water damage. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reins ection was completed on 11/02/2022. SEE ATTACHED PHOTOS 23 ......... . . . . . . . . . ... ..... . . ZZ Mr )INS E"�, WA SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: [oil VIVA -0 9 OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 4520 IRONTON — INCLUDES SHED VALE, RIA NAIUA RILEY 1445 MAGNOLIA AVE APT A BEAUMONT, TX 77703 Owner enrolled in Pre -Council Work Program? $52,130.00 0111 10/18/2021 YES DESCRIPTION OF PROPERTY: Owner signed up on a work program on 11/04/2020 which 14ave them 150 days to make the repairs. There have been no permits pulled and no inspections completed. The structure is secure. There is siding missing that will need to be replaced. The front porch is rotting and will need to be replaced. The back door will have to be replaced aloe with the frame it is rotting. The interior floor is missing is some places. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 10/27/2022. SEE ATTACHED PHOTOS 24 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 3220 LAMPASSAS - STRUCTURE MELVIN BLOCK P.O. BOX 389 VIDOR, TX 77670 Owner enrolled in Pre -Council Work Program? $15,873.00 NO 11/10/2021 YES DESCRIPTION OF PROPERTY: The owner signed up for a work program on 12/03/2021 and was aiven 150 days to make the repairs. The structure has multiple area of rotting sidin due to the condensation from the window units. The condensation_ is also leaking; inside eausinjj the was to rot. It is also leakina onto an electrical outlet. The structure needs to be leveled the subfloors are rottiuL, causing the kitchen and bathroom floors to sag. The structure started off with an orange tag on 08/08/2021 because tenants were living there. Tile owner never contacted us. Then when the inspector went back to take pictures to file char es in court it was vacant so it was changed to a red taa. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 10/27/2022. SEE ATTACHED PHOTOS 25 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 1370 W LAVACA —INCLUDES POOL - COMMERCIAL OWNER: MERVIN DOUGLAS OWNER ADDRESS: 4110 CONGRESS ST BEAUMONT, TX 77705 TAXES OWED: $2,037.26 Market Value: $4,430.00 Fire damaged? NO Property was Red Tagged on: 11/23/2021 Owner enrolled in Pre -Council Work Program? YES DESCRIPTION OF PROPERTY: The owner signed up on a work program 12/14/2021 and was given 150 days to make the repairs. The owner was told at that time to get the fence put back up around the pool, it still has not been put up. The structure is falling apart from rotten wood and the roof is missing on at least half of the strueture. The interior has been exposed to all the elements. No permits have been pulled and no inspections_ have been done. There are tires and tanks on the property that will need to be removed. Based on the extensive repairs needed in this structure, staff is recommending a _raze order for this structure. The reins ection was completed on 01/04/2023. SEE ATTACHED PHOTOS 1 1 f k° r s��r r l, 4 yyFis 1. \�ll oil "I R �1 .9 r •�Y ti tl r4 \ tl ff' LP�.fIC 6 ti J � b 3;yU_ihi�,ti AUS 1 9g v f 1 t }� p� -7s— 'i ti F Wv k r 7P. c a r' S y P SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BE, AUMONT ADDRESS OF STRUCTURE: 3810 E. LYNWOOD - STRUCTURE OWNER: MICHAEL S. & JAMES M. DEVILLIER OWNER ADDRESS: P.O. BOX 12152 BEAUMONT, TX 77726-2152 Market Value: $20,832.00 Fire damaged? NO Property was Red Tagged on: 06/09/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is unsecure. The ceilin14 has collapsed on the interior and the interior walls are missing at the bottom because of the termite infestation. The floors are starting to rot also and will need to be replaced. There are multiple broken windows that need to be replaced. One of the walls_ has collapsed in the interior. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 10/2712022. SEE ATTACHED PHOTOS 27 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: 1359 MAGNOLIA --- COMMERCIAL PATRICIA STITTEM 415 COUNTY ROAD 4175 WOODVILLE, TX 75979 Owner enrolled in Pre -Council Work Program? $4,637.45 $7,840.00 NO 09/08/2021 NO DESCRIPTION OF PROPERTY: The structure is unsecure and unsafe. The siding -is missing in so many places that the interior is completely exposed on one side. There is rotten wood on the frame that will need to be replaced to support the remainder of the buildin . The roof is collapsed in the rear and will have to be replaced. The exterior walls are starting to collapse. Based on the extensive repairs needed _in_this structure, staff is recommending a raze order for this structure. The reins ection was completed on 10/27/2022. SEE ATTACHED PHOTOS 28 T IT ww lip d,avi k-7c O,q 14 Ma INA SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 2485 MAGNOLIA - STRUCTURE JAMES R CALLAS 5375 ROSEMARY DR BEAUMONT, TX 77708 Owner enrolled in Pre -Council Work Program? $1,933.09 $29,805.00 NO 11/16/2021 YES DESCRIPTION OF PROPERTY: The owner signed up on the work program 02/17/2022 and was allowed 150 days to make the repairs. The owner pulled a permit stating 60% of the architectural shingles have been replaced and they will be starting on the interior after that. The structure has a lot of rotten wood on the soffits, eaves, and porch. There is siding that is separating from the structure. The front porch floor wood is rotting and will need to be replaced. The porch rafters are rotten causing the roof to sag in the middle. The electrical mechanical and plumbing will need to be replaced. Based on the extensive re air s needed in this structure, staff is recommending a raze order for this structure. The reinspection was completed on 1.0/27/2022. SEE ATTACHED PHOTOS 29 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 320 MANNING - ,STRUCTURE MARY E. SCOTT ESTATE 320 MANNING BEAUMONT, TX 77703 Owner enrolled in Pre -Council Work Program? $4,668.34 $19,443.00 NO 06/10/2021 NO, DESCRIPTION OF PROPERTY: The structure is missiniz most of the exterior walls. There are no windows and the interior is gatted. The subtloors are rotten and will have to be replaced. All mechanical electrical and plumbing will have to be replaced. The roof also needs to be replaced. The studs are rotten and the entire structure has been exposed to all of the weather elements. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 10/27/2022, SEE ATTACHED PHOTOS 30 N it � r 1 r .r56.. f, P a 1 SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DDTSION CITY OF BEAUMONT 430 MANNNING - STRUCTURE THE PONCE GROUP LLC 15407 LIBERTY PRAIRE CT HOUSTON, TX 77049 Owner enrolled in Pre -Council Work Program? $18,133.00 NO 09/27/2021 YES — PREVIOUS OWNER DESCRIPTION OF PROPERTY: The previous owner was on a work program and then sold the structure. The new owner has never signed up for the work proLyam. The structure partially gutted on the interior. The back door is partially open and transients have a make shift ladder they are -using to climb into the house. There are broken windows that will need to be replaced. The interior has some rotten studs that will need to be replaced. The front of the house is boarded up. All electricalplumbing, and mechanical will have to be replaced Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 10/27/2022. SEE ATTACHED PHOTOS 31 R, M, IV SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 3505 MARIE - STRUCTURE JOSEPH CEASAR ET AL 3985 SARAH ST 91425 BEAUMONT, TX 77705 Owner enrolled in Pre -Council Work Program? $26,607.00 NO 07/01/2021 NO DESCRIPTION OF PROPERTY: The structure has a lot of rotten wood under the siding. The sidin,2 has fallen off in many places and will have to be replaced. The studs will have to be replaced they are rotten and termite eaten. There are broken windows and the frames are rotten they will need to be replaced. The front door is broken and will not close malting the structure unsecure. The interior also has a lot of damage that will have to be repaired. Based on the extensive repairs needed in this structure, staff is recommendinI_a_raze order for this structure. The reins ection was completed on 11/02/2022. SEE ATTACHED PHOTOS 32 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2550 MILAM — INCLUDES SHED & DUPLEX 2540 OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: MILAM ON REAR OF LOT CMP3 ENTERPRISES LLC P.O. BOX 12313 BEAUMONT, TX 77726 Owner enrolled in Pre -Council Work Program? $31,806.00 NO 09/20/2021 1061 DESCRIPTION OF PROPERTY: Both structures are falling al2art. There is rotten wood on both structures that will have to be replaced, The siding is falling off both structures. There are many broken windows and some that are boarded. There is trash and debris inside and outside of the structure. The duplex is unsecure and is missing siding in multiple places. The ceiling has collapsed inside from being exposed to the elements, The roof and electrical will need to be replaced on both structures. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 11/03/2022. SEE ATTACHED PHOTOS 33 �� F: fl !i !a z i r�� �� ,�vcc ns �.tiv.L� wn SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 8375 OAK RIDGE - STRUCTURE SANDRA MALONE 3622 IRONWOOD DR KOUNTZE, TX 77625 Owner enrolled in Pre -Council Work Program? $1,051.63 $15,193.00 NO 06/16/2021 1►141 DESCRIPTION OF PROPERTY: The structure is unsecure and exposed to all the elements. The interior is gutted and will have to be completely redone. The studs will need 1. to be replaced, alone with the insulation, and all sheetrock. The structure is full of trash and buildinL materials that have fallen onto the floor. The floors are rotten and the siding is as wellBased on the extensive repairs needed in this structure, staff is recoma_n_endin a raze order for this structure. The reinspection was completed on 10/28/2022. SEE ATTACHED PHOTOS 34 rr s� s� ,µme ht4 9FJ ICI s H 'W' Wli �m fd rye � , �• � E � ;� �A��Fi> i y is E �1 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 4795 PARK - STRUCTURE OWNER: CHAR.LIE JACKSON & DAMETRIA SIMPSON OWNER ADDRESS: P.O. BOX 41702 BEAUMONT, TX 77725-1702 TAXES OWED: $5,832.64 Market Value: $38,421.00 Fire damaged? YES Property was Red Tagged on: 08/02/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is fire burned. The structure has a hole in the side of it because the sidiniz has come off exposing the interior. There are multiple broken windows and the frames are rotten. The garage doors have fallen off partially and will have to be replaced. The interior electrical mechanical and plumbing will all have to be replaced. The structural members are failing and will need to be replaced. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reins ection was completed on 11/02/2022. SEE ATTACHED PHOTOS 35 7 A r ri 1 §�. �ti Sf,•:. � F r 1 Cal SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 1060 PIPIUN -- INCLUDES GARAGE APARTMENT OWNER: J CRESCENCIANO DIAZ & 1BONE ALONDRA ALL MAN OWNER ADDRESS: 2095 LIVEOAK ST BEAUMONT, TX 77703 TAXES OWED. $7,272.61 Market Value: $30,680.00 Fire damaged? NO Property was Red Tagged on: 07/30/2021 Owner enrolled in Pre -Council Work Program? YES DESCRIPTION OF PROPERTY: The owners signed up on a work program on 07/30/2021 which allowed them 150 days to make the repairs. They were given two 90-day_exte_nsions, The house still needs electrical, plumbing mechanical, and building finals. The garage apartment has not been repaired at all. The 14arage apartment has a cracked foundation and the bathroom has fallen to the ground from upstairs. There are exposed electrical_ wires and the structural walls are rotten and will need to be replaced. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reinspection was completed on 11/02/2022. SEE ATTACHED PHOTOS 0 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 614 PRINCE -- INCLUDES SHED OWNER: CINTHYA CAROLINE MATUT SCAFE OWNER ADDRESS: 3810 BALDWIN DR BEAUMONT, TX 77703 TAXES OWED: $2,983.17 Market Value: $25,180.00 Fire damaged? NO Property was Red Tagged on: 06/24/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The structure is unsecure and the interior is has vines rowing inside. The floor is rotten and has holes in it. The sheetrock is missing in man places and the rotten studs are exposed. The ceiling has collapsed inside and the rafters are rotten which will need to be replaced. The exterior has broken windows and the frames will need to be replaced, The electrical mechanical and plumbing will all have to be replaced. The interior has been exposed to the elements which has caused a lot of damage.The exterior walls are separating from each other. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reins ection was completed on 10/27/2022. SEE ATTACHED PHOTOS 37 WAX............... ............... SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BE' AUMONT 7795 SAN DIEGO - STRUCTURE GMR REAL ESTATE LLC 6315 MADERA LN BEAUMONT, TX 77706 Owner enrolled in Pre -Council Work Program? $50,399.00 NO 09/28/2021 NO DESCRIPTION OF PROPERTY: The current Owner bought the house at the Sheriffs sale on 03/0112022 and th2y have not signed up for a work proLyram. The structure is unsecure the front door is wide open. There is sidinji missing on the front of the house and rotten wood is also visible. The interior is gutted and all trades will have to be replaced. All the sheetrock will have to be replaced. Based on the extensive repairs needed in this struet__ure, staff is recommendin a raze order for this structure. The reins ection was completed on 10/28/2022. SEE ATTACHED PHOTOS m ur�"FrxFr•7r tr77r, 'r 3 r ..- SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 2798 SAN JACINTO — INCLUDES GARAGE OWNER: SIDNEY WHITE JR. OWNER ADDRESS: 2890 WESTMORE LAND BEAUMONT, TX 77705 TAXES OWED: $18,403.01. Market Values $46,837.00 Fire damaged? NO Property was Red Tagged on: 05/26/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: There is siding, missing in several places and has exposed wood that is rotten. Some of the windows are broken and the window frames are rotten and will need to be replaced. The soffits are rotten in many places and are completely.one in other places. There was a blue tarp on the roof, but it has been torn off by the weather. The garage door is broken and leaning to the left of the structure. It is full of trash and debris. One of the walls has separated from the structure. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 11/02/2022. SEE ATTACHED PHOTOS 39 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: 2915 SAN JACINTO - STRUCTURE EVA G. PARE DEZ ESTATE 2080 MONICA DR BEAUMONT, TX 77707 Owner enrolled in Pre -Council Work Program? $12,437.67 $40,677.00 i'a 06/24/2021 NO DESCRIPTION OF PROPERTY: The structure is completely fire burned on the interior. A structural engineer will be required to repair the house. All electrical, mechanical, and plumbing will have to be replaced. The studs and rafters will have to replaced. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reins ection was completed on 11/0212022. SEE ATTACHED PHOTOS 40 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: I JZZ ' OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEA-CMONT 2455SOUTHERLAND-STRUCTURE MONICA DIXON 2455 SOUTHERLAND ST BEAUMONT, TX 77705 Owner enrolled in Pre -Council Work Program? $8,755.91 $43,398.00 QUO 06/1012021 NO DESCRIPTION OF PROPERTY: The structure has broken windows that will need to be replaced. The soffits are rotten and falling off the house. The interior looks like new studs and electrical have been put in but there are no permits for anj work being done. The structure looks the same on the interior as it did the day it was red tagged. _There is still a lot of rotten wood on the interior that will have to be replaced. All trades will have to be replaced. Based on the extensive repairs needed in this structure staff is recommendin a raze order for this structure. The reins ection was completed on 11/02/2022. SEE ATTACHED PHOTOS 41 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION . CITY OF BEAUMONT ADDRESS OF STRUCTURE: W� OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: 3435 ST JAMES -- INCLUDES SHED EDNA LANDRY ESTATE % EULA MAE ROBERTS 3123 ELINOR ST BEAUMONT, TX 77705 Owner enrolled in Pre -Council Work Program? $12,940.00 NO 11/21/2021 DESCRIPTION OF PROPERTY: The door frames are complete!complete!y rotten and will need to be replaced. The owner called 11/09/2021 and asked the us to red tag the house because she wanted it demolished. The roof has rotten wood and a hole in it at the peak of the cave. The foundation seems to be shifting because the windows are shifted. The stairs no longer line up with the door and the side of the structure shows the siding is bent at the bottom from sitting on the ground. Based .on the extensive repairs needed in this structure staff is recommendinlZ a raze order for this structure. The reinspectionwas completed on 11/03/2022. SEE ATTACHED PHOTOS 42 ar 7IMS g ° Pei iy Mlm 'r.'/?� Y 't 't�: f f It a s, f- - o -' Z 2 i F A.Rjeyr"StrFi 9 , +p� SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIWSION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 4565 STEELTON -- INCLUDES SHED OWNER: LOTS A HARDY BARBARA d ABSHIER ESTATE OWNER ADDRESS: 4565 STEELTON BEAUMONT, TX 77703 TAXES OWED: $17,429.37 Market Value: $55,584.00 Fire damaged? NO Property was Red Tagged on: 06/09/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The soffits are rotten and will need to be replaced. There is sidine falling off that will need to be replaced,.__ There is mold inside the structure and exposed rotten wood in the ceiling. There are open windows which make the structure unsecure. There are leaks in the roof that have caused the ceiling to collapse onto the floor. There also appears to be a water leak on one exterior wall that has caused the interior of that wall to buelde inward. Based on the extensive repairs needed in this structure staff is recommendinlz a raze order for this structure. The reins ection was completed on 10/27/2022. SEE ATTACHED PHOTOS 43 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 710 SUNNYSIDE - STRUCTURE KYLE MACK CURLEY JR 9340 FARDNER ST BEAUMONT, TX 77707 Owner enrolled in Pre -Council Work Program? � $61,961.00 NO 05/13/2021 NO DESCRIPTION OF PROPERTY: A tree has fallen on the back of the house causing it to collapse partially. There are holes in the roof that have allowed water damage to the interior. The ceiling has fallen because of the water damage showing the rotten wood in the attic. There is mold growing throughout the structure. The soffits are rotten and will need to be replaced. The structure is unsecure because the doors are broken. Based on the extensive repairs needed in this structure staff is recommending a raze order for this structure. The reins ection was completed on 11/03/2022. SEE ATTACHED PHOTOS LLl Vw` V Y, tow-, I 614i�, It �1. m i 1 UP ,4�4;7, R�kr - f"r, 3.7 . . . . . . . . . . 1\ .. .. ... . . �, . . . . . . . . . . . . . . . . . . . ANN HIM, *I v 1 V 40 v 191 Q2 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BE, AUMONT ADDRESS OF STRUCTURE: 3395 TALIAFERRO - COMMERCIAL OWNER: GOD ANOINTED HOUSE OF PRAYER PRAISE & DELIVERANCE TABERNACLE OWNER ADDRESS: 3395 TALIAFERRO ST BEAUMONT, TX 77703 Market Value: $11,019.00 Fire damaged? NO Property was Red Tagged on: 05/24/2021 Owner enrolled in Pre -Council Work Program? QIC DESCRIPTION OF PROPERTY: The structure has a lot of rotten wood on the exterior and interior. The foundation is failing and the floor has started to collapse. There is missing sidine that will have to be replaced. The structure is unsecure the doors are standing wide open. There are holes in the roof exposing the structure to the elements. The back half of the structure is starting to separate from the front half. Based on the extensive repairs needed in this structure, staff is recommending a raze..._order for this structure. The reins ection was completed on 10/27/2022. SEE ATTACHED PHOTOS 45 No Text SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 340 E. THREADNEEDLE MARCO LICON 640 MELROSE ST. VIDOR, TX 77662 Owner enrolled in Pre -Council Work Program? $3,222.99 $39,575.00 NO 11/10/2021 YES DESCRIPTION OF PROPERTY: The owner signed up for a work prolzram on 02101/2022 and was Oven 150 days to make the repairs. There is rotten wood under the missing siding. The window frames and sills are rotten and will have to be replaced.There are broken and boarded windows throughout the whole structure. The soffits and trim are rotten in places and will need to be replaced. Based on the extensive repairs needed in this structure, staff is recommending a raze order for this structure. The reOnspection was completed on 10/28/2022. SEE ATTACHED PHOTOS 46 PAO SUBSTANDARD BUILDING INSPECTION REPORT ADDRESS OF STRUCTURE: OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: BUILDING CODES DIVISION CITY OF BEAUMONT 4020 USAN - STRUCTURE RE, GINALD GRANGER 12515 SORSBY WAY HOUSTON, TX 77047 Owner enrolled in Pre -Council Work Program? $30,706.00 NO 09/07/2021 NO DESCRIPTION OF PROPERTY: The structure is missing siding on the m;tioritv of the bottom half of the house which has exposed the frame and it has termite damage that will need to be replaced, The window aprons -are rotten and will have to be replaced. There are holes in the roof and the roof is sagging, in multiple places. There are multiple broken windows Based on the extensive repairs needed in this structure, ,staff is recommending a raze order for this structure. The reinspection was completed on 11/02/2022. SEE ATTACHED PHOTOS 47 �. i t s 45 3 wi r � qu g TN', 1, k SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 3880 WACO --- INCLUDES SHED OWNER: OWNER ADDRESS: Market Value: Fire damaged? Property was Red Tagged on: ROYALJACQUO % GILDA JACQUO 3880 WACO ST. BEAUMONT, TX 77705 Owner enrolled in Pre -Council Work Program? $48,627.00 1'019.1 09/13/2021 NO DESCRIPTION OF PROPERTY: The structure is fire burned. The entire interior will have to be redone. All studs, headers, and rafters are alligatored and will have to be replaced. There are broken windows and the doors are burned leaving the structure completely unsecured. Based on the extensive repairs needed in this structure staff is recommendinlz a raze order for this structure. The reinspection was completed on 11102/2022. SEE ATTACHED PHOTOS No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: 1720 WASHINGTON — GARAGE ONLY OWNER: ENOS A. WILLIAMS OR ALICIA G. WILLIAMS OWNER ADDRESS: 1720 WASHINGTON BLVD. BEAUMONT, TX 77705 Market Value: $69,515.00 Fire damaged? NO Property was Red Tagged on: 07/12/2021 Owner enrolled in Pre -Council Work Program? NO DESCRIPTION OF PROPERTY: The owner wants the structure demolished. The wood is falling off and rotten. The front is starting to cave inward. Based on the extensive repair needed in this structure, staff is recommendinlz a raze order for this structure. The reinspection was completed. on 11/0212022. SEE ATTACHED PHOTOS 49 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT ADDRESS OF STRUCTURE: OWNER ADDRESS: TAXES OWED: Market Value: Fire damaged? Property was Red Tagged on: 2910 WILLARD — INCLUDES SHED JOSEPH BODWIN ESTATE 2910 WILLARD ST. BEAUMONT, TX 77703 Owner enrolled in Pre -Council Work Program? $42,940.00 ffl$7 09/23/2021 NO DESCRIPTION OF PROPERTY: The structure is unsecure. All windows are com letel broken. The interior is destroyed from people going in and out. The eaves are rottingand will need to be replaced, There is trash and debris throughout the structure and on the exterior of the property. Based on the extensive repairs needed in this structure, staff_is recommending a raze order for this structure. The reinspection was completed on 10/27/2022. SEE ATTACHED PHOTOS 50 i, ,; is ............. .� I L 1,. y • i iY G yl •i.r i f a t' WORK SESSION Review and discuss programs of the Texas Film Commission WORK SESSION Review and discuss amending the Code of Ordinances related to various Health Department requirements and fees